The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 66310—66342.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

An ADU or JADU that conforms to the standards in this chapter will not be:

A.

Deemed to be inconsistent with the city's general plan and zoning designation for the lot on which the ADU or JADU is located.

B.

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

C.

Considered in the application of any local ordinance, policy, or program to limit residential growth.

D.

Required to correct a nonconforming zoning condition, as defined in Section 21.58.030 (Definitions). This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

As used in this chapter, terms are defined as follows:

A.

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

B.

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

C.

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated.

D.

"Efficiency kitchen" means a kitchen that includes all of the following:

1.

A cooking facility with appliances.

2.

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

E.

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

1.

It is no more than five hundred square feet in size.

2.

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

3.

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4.

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

5.

It includes an efficiency kitchen, as defined in Subsection 21.58.030(D).

F.

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

G.

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

H.

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

I.

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

J.

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

K.

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

L.

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following approvals apply to ADUs and JADUs under this chapter:

A.

Building-Permit Only. If an ADU or JADU complies with each of the general requirements in Section 21.58.050 (General ADU and JADU Requirements), it is allowed with only a building permit in the following scenarios:

1.

Converted on a Lot with a Single-Family Dwelling: One ADU as described in this Paragraph 21.58.040(A)1. and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

a.

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to one hundred fifty additional square feet if the expansion is limited to accommodating ingress and egress; and

b.

Has exterior access that is independent of that for the single-family dwelling; and

c.

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

d.

The JADU complies with the requirements of Government Code Sections 66333 through 66339.

2.

Limited Detached ADU on a Lot with a Single-Family Dwelling: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Paragraph 21.58.040(A)1. (Converted on a Lot with a Single-Family Dwelling), if the detached ADU satisfies each of the following limitations:

a.

The side- and rear-yard setbacks are at least four feet.

b.

The total floor area is eight hundred square feet or smaller.

c.

The peak height above grade does not exceed the applicable height limit in Subsection 21.58.050(B) (Height).

3.

Converted on a Lot with a Multi-Family Dwelling: One or more ADUs within portions of existing multi-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Paragraph 21.58.040(A)3. at least one converted ADU is allowed within an existing multi-family dwelling, up to a quantity equal to twenty-five percent of the existing multi-family dwelling units.

4.

Limited Detached on a Lot with a Multi-Family Dwelling: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multi-family dwelling, if each detached ADU satisfies all of the following:

a.

The side- and rear-yard setbacks are at least four feet. If the existing multi-family dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multi-family dwelling as a condition of approving the ADU.

b.

The peak height above grade does not exceed the applicable height limit provided in Subsection 21.58.050(B) (Height).

c.

If the lot has an existing multi-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

B.

ADU Permit.

1.

Except as allowed above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Sections 21.58.050 (General ADU and JADU Requirements) and 21.58.060 (Local ADU Requirements).

2.

The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the city council by resolution.

C.

Process and Timing.

1.

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

2.

The city must approve or deny an application to create an ADU or JADU within sixty days from the date that the city receives a completed application. If the city has not approved or denied the completed application within sixty days, the application is deemed approved unless either:

a.

The applicant requests a delay, in which case the sixty-day time period is tolled for the period of the requested delay, or

b.

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multi-family dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

3.

If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the sixty-day time period established by Paragraph 21.58.040(C)2.

4.

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs and JADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit):

A.

Zoning.

1.

An ADU subject only to a building permit under Subsection 21.58.040(A) (Building-Permit Only) may be created on a lot in a residential or mixed-use zone.

2.

An ADU subject to an ADU permit under Subsection 21.58.040(B) above may be created on a lot that is zoned to allow single-family residential use or multi-family dwelling residential use.

3.

In accordance with Government Code Section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

B.

Height.

1.

Except as otherwise provided by Paragraphs 21.58.050(B)2. and 21.58.050(B)3., a detached ADU created on a lot with an existing or proposed single family or multi-family dwelling unit may not exceed sixteen feet in height.

2.

A detached ADU may be up to eighteen feet in height if it is created on a lot with an existing or proposed single family or multi-family dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of twenty feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

3.

A detached ADU created on a lot with an existing or proposed multi-family dwelling that has more than one story above grade may not exceed 18 feet in height.

4.

An ADU that is attached to the primary dwelling may not exceed twenty-five feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Paragraph 21.58.050(B)4. may not exceed two stories.

5.

For purposes of this Subsection 21.58.050(B) (Height), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

C.

Fire Sprinklers.

1.

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

2.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

D.

Rental Term. No ADU or JADU may be rented for a term that is shorter than thirty days. This prohibition applies regardless of when the ADU or JADU was created.

E.

No Separate Conveyance. Except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a lot with a single-family dwelling) or from the lot and all of the dwellings (in the case of a lot with a multi-family dwelling).

F.

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last ten years.

G.

Owner Occupancy.

1.

ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

2.

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection 21.58.050(G) (Owner Occupancy) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

H.

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the zoning administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:

1.

Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

2.

The ADU or JADU is restricted to the approved size and to other attributes allowed by this chapter.

3.

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

4.

The deed restriction may be removed if the owner eliminates the ADU or JADU. To remove the deed restriction, an owner may make a written request of the director, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator's determination consistent with Chapter 21.25 (Appeals and Calls for Review). If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.

5.

The deed restriction is enforceable by the zoning administrator or their designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

I.

Building and Safety.

1.

Must Comply with Building Code. Subject to Paragraph 21.58.050(I)2. (No change of occupancy), all ADUs and JADUs must comply with all local building code requirements.

2.

No Change of Occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this Paragraph 21.58.050(I)2. (No Change of Occupancy) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this chapter.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply only to ADUs that require an ADU permit under Subsection 21.58.040(B) (ADU Permit).

A.

Maximum Size.

1.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a single-family dwelling is one thousand two hundred square feet.

2.

The maximum size of a detached or attached ADU subject to this Section 21.58.060 (Local ADU Requirements) and proposed on a lot with a multi-family dwelling is eight hundred fifty square feet for a studio or one-bedroom unit and one thousand square feet for a unit with two or more bedrooms.

3.

An attached ADU that is created on a lot with an existing primary dwelling is further limited to fifty percent of the floor area of the existing primary dwelling.

B.

Application of other development standards in this Section 21.58.060 (Local ADU Requirements) might further limit the size of the ADU, but no application of the percent-based size limit in Paragraph 21.58.060(A)3. or of a front setback, lot coverage limit, or open-space requirement may require the ADU to be less than eight hundred square feet.

C.

Minimum Setbacks. Subject to Subsection 21.58.060(B):

1.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to four-foot minimum side and rear setbacks.

2.

ADUs that are subject to this Section 21.58.060 (Local ADU Requirements) must conform to a fifteen-foot minimum front setback (twenty-foot setback to any garage door) except in the following circumstances:

a.

In the R-1 B-3, R-1 B-4, and R-1 B-5 zoning districts, the ADU must conform to a twenty-foot minimum front setback; and

b.

In the R-2, R-3, R-4 and R-5, the ADU must conform to a twenty-five-foot minimum front setback from an arterial street.

3.

No setback is required for an ADU that is subject to this Section 21.58.060 (Local ADU Requirements) if the ADU is constructed in the same location and to the same dimensions as an existing structure.

D.

Building Separation. Minimum separation of six feet shall be maintained between an ADU and other structures on the property (excepting structures to which they are attached).

E.

Lot Coverage. No ADU subject to this Section 21.58.060 (Local ADU Requirements) may cause the total lot coverage of the lot to exceed fifty percent, subject to Subsection 21.58.060(B).

F.

Minimum Open Space. Subject to Subsection 21.58.060(B), an ADU subject to this Section 21.58.060 (Local ADU Requirements) must provide at least two hundred square feet of private open space with a minimum dimension of ten feet.

G.

Passageway. No passageway, as defined by Subsection 21.58.030(I) above, is required for an ADU.

H.

Parking.

1.

Generally. One off-street parking space on a paved surface served by a paved driveway is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection 21.58.030(L), including on a paved driveway, unless otherwise determined by the zoning administrator to be not feasible based upon specific site or regional topographical or fire and life safety conditions.

2.

Exceptions. No parking under Paragraph 21.58.060(H)1. (Generally) is required in the following situations:

a.

The ADU is located within one-half mile walking distance of public transit, as defined in Subsection 21.58.030(K) above.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of the proposed or existing primary residence or an accessory structure under Subsection 21.58.040(A)1. above.

d.

When on-street parking permits are required but not offered to the occupant of the ADU.

e.

When there is an established car share vehicle stop located within one block of the ADU.

f.

When the permit application to create an ADU is submitted with an application to create a new single-family or new multi-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subparagraphs 21.58.060(H)2.a. through 21.58.060(H)2.e.

3.

No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

I.

Architectural Requirements.

1.

The exterior of an ADU shall include four or more of the following elements (the applicant may choose which four elements to select):

a.

The same roof style (e.g., gable, hip, etc.) as the roof style of the primary dwelling(s);

b.

The same roof slope as the dominant roof slope of the primary dwelling(s), with the dominant roof slope being the slope shared by the largest portion of the roof;

c.

The same roof material and color as the primary dwelling(s);

d.

The same primary siding material or color as the primary dwelling(s);

e.

The same eave depth as the primary dwelling(s);

f.

The same window and door trim as the primary dwelling(s);

g.

Porch, bay window, or other facade articulation to break up flat wall planes.

2.

Outdoor lighting shall be shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension measured from the lens or light source to direct light toward buildings or the ground and reduce glare.

3.

The ADU must have an independent exterior entrance, apart from that of the primary dwelling.

4.

The interior horizontal dimensions of an ADU must be at least ten feet wide in every direction, with a minimum interior wall height of seven feet.

J.

Landscape Requirements. At least one fifteen-gallon size canopy tree shall be planted for every ADU and JADU. The tree may be located in the private open space, front yard, or as a street tree.

K.

Maximum Size of Floor Area that is not Livable Space. The maximum size for any non-livable space (e.g., garage) that is attached to a detached ADU shall be five hundred square feet. Exceptions shall be subject to approval of a development plan modification (Section 21.16.020).

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

The following requirements apply to all ADUs that are approved under Subsections 21.58.040(A) (Building-Permit Only) or 21.58.040(B) (ADU Permit).

A.

No impact fee is required for an ADU that is less than seven hundred fifty square feet in size. For purposes of this Section 21.58.070, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.

B.

Any impact fee that is required for an ADU that is seven hundred fifty square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

A.

Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

B.

Unpermitted ADUs and JADUs Constructed Before 2020.

1.

Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:

a.

The ADU or JADU violates applicable building standards, or

b.

The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Chapter 21.58).

2.

Exceptions:

a.

Notwithstanding Paragraph 21.58.080(B)1. (Permit to Legalize), the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code Section 17920.3.

b.

Paragraph 21.58.080(B)1 (Permit to Legalize) does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

Any proposed ADU or JADU that would otherwise be allowed under this chapter but that does not conform to the objective design or development standards set forth in Sections 21.58.010 through 21.58.080 may be allowed by the City with a Conditional Use Permit, in accordance with Chapter 21.19 (Conditional Use Permits and Administrative Use Permits)and the other provisions of this title.

(Ord. No. 1151 N.S., § 4(Exh. A), 11-19-2024)

A.

Purpose. The purpose and intent of this chapter is to provide for the comprehensive and orderly regulation of adult business uses. It is recognized that adult businesses possess certain characteristics that can have a detrimental effect upon adjacent areas. It is also recognized that locating adult businesses in the vicinity of facilities frequented by minors will cause the exposure of minors to adult material that, because of their immaturity, may adversely affect them. Therefore, special regulation of these uses is necessary to ensure that any adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or have an adverse effect on minors.

The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market.

B.

Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community contained in findings incorporated in the cases of City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1976), Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), City of Erie v. Pap's A.M, 120 S. Ct. 1382 (2000) and on studies in other communities including, but not limited to: Phoenix, Arizona (1979); Minneapolis, Minnesota (1980); St. Paul, Minnesota; Houston, Texas (1983); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio (1977); Beaumont, Texas (1982); Tucson, Arizona (1990); Indianapolis, Indiana (1984) the City Council finds:

1.

Adult businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas;

2.

Both the proximity of adult businesses to sensitive land uses and the concentration of adult businesses tend to result in blight and deterioration of the areas in which they are located;

3.

The proximity and concentration of adult businesses adjacent to residential, recreational, religious, educational uses, as well as their proximity to other adult business uses can have adverse secondary effects on local businesses and residences;

4.

There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish convincing evidence that adult businesses that are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values;

5.

The locational requirements established by this chapter do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the city of Paso Robles, and a sufficient reasonable number of appropriate locations for adult businesses are provided by this chapter;

6.

Evidence indicates that some dancers, models and entertainers, and other persons who publicly perform sexual activities or publicly display specified anatomical areas in adult businesses have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business;

7.

Evidence demonstrates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as a location for engaging in unlawful sexual activity. Offering and providing such space encourages such activities, which creates unhealthy conditions;

8.

Persons frequent certain adult theaters, adult arcades, and other sexually oriented businesses for the purpose of engaging in sex within the premises of such sexually oriented businesses;

9.

As a result of the above, and the increase in incidents of sexually transmitted diseases, the city has a substantial interest in adopting regulations that will reduce, to the greatest extent possible, the possibility for the occurrence of prostitution and casual sex acts in adult businesses. At least fifty communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, gonorrhea, syphilis, human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections;

10.

Sanitary conditions in some sexually oriented businesses are unhealthy, in part, because the activities conducted there are unhealthy, and in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities;

11.

A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses. Further, such a licensing procedure will place an incentive on the operators to see that the adult business is run in a manner consistent with the health, safety and welfare of its patrons and employees, as well as the citizens of the city. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult business, fully in possession and control of the premises and activities occurring therein;

12.

The city council, in adopting operational standards, recognizes that these standards do not preclude reasonable alternative avenues of communication. The city council takes note of the proliferation of adult material on the Internet and its availability as an alternative avenue of communication. The city council also considers and relies on published decisions examining the proliferation of communications on the Internet. Reno v. American Civil Liberties Union, 521 U.S. 844 (1997) (the principle channel through which many Americans now transmit and receive sexually explicit communication is the Internet); Anheuser-Busch v. Schmoke, 101 F.3d 325, 329 (4th Cit. 1996), cert. denied 520 U.S. 1204 (1997)(rejecting a First Amendment challenge to a Baltimore ordinance restricting alcohol advertisements on billboards acknowledging that the Internet is one available channel of communication; U.S. v. Hockings, 129 F.3d 1069 (9th Cir. 1997); see also US. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied, 519 U.S. 820 (recognizing the Internet as a medium for transmission of sexually explicit material in the context of obscenity prosecutions). The emergence of the Internet brings with it a virtually unlimited additional source of adult oriented sexual material available to interested persons in every community with a mere keystroke. An adult business no longer has to be "actually" physically located in a city to be available in the community;

13.

Possible harmful effects may be caused by the exposure of adult businesses to children and minors. The city council desires to minimize and control the adverse secondary side effects associated with the operation of adult businesses and thereby protect the health, safety, and welfare of its citizens, protect the citizens from increased crime, preserve the quality of life, preserve property values and the character of surrounding neighborhoods and businesses, deter the spread of urban blight and protect against the spread of communicable and sexually transmitted diseases; and

14.

The city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prevent or reduce the secondary impacts associated with such public nudity.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The following terms used in this chapter shall have the specific meanings defined here. In the event of any conflict between these terms and those used in Article 9 (Terms and Definitions) of this title, the terms defined in this section shall prevail for adult business uses.

B.

"Adult bookstore" means any establishment selling or renting books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, compact discs (CDs), digital video discs (DVDs), records or any other forms of visual or audio representation, twenty-five percent or more of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

C.

"Adult business" means any adult bookstore, adult motion picture theater, adult mini-motion picture arcade, adult hotel or motel, adult theater, adult model studio, body painting studio, and any other business involving specific sexual activities or display of specified anatomical areas.

D.

"Adult cabaret" means any nightclub, bar, restaurant, or similar establishment which, as a preponderance of the entertainment presented, features:

1.

Live performances which are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas; and/or

2.

Films, motion pictures, video cassettes, slides, compact discs (CDs), digital video discs (DVDs), or other photographic reproductions whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.

E.

"Adult hotel or motel" means a hotel or motel wherein material is presented which is distinguished or characterized by more than an incidental or occasional portrayal of matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

F.

"Adult mini-motion picture theater" means any establishment with a capacity of up to five persons where, for any form of consideration, films, motion pictures, video cassettes, compact discs (CDs), digital video discs (DVDs), slides or similar photographic reproductions are shown, in which twenty-five percent or more of the total presentation time is devoted to the showing of material whose dominant or predominant character and theme is the depiction of specified sexual activities or specified anatomical areas for observation by patrons.

G.

"Adult model studio" means any establishment open to the public where for any form of consideration or gratuity, human models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or otherwise depicted by persons other than the proprietor paying such consideration or gratuity. This provision shall not apply to any school of art, film, association, partnership, corporation or institution which meets the requirements established in the Education Code of the state of California for the issuance or conferring of a diploma.

H.

"Adult motion picture arcade" means any place to which the public is allowed or invited wherein coin or token-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine, at any one time, and where the dominant or predominant character or theme of the images so displayed is depiction of specified sexual activities or specified anatomical areas.

I.

"Adult motion picture theater" means any establishment, with the capacity of six or more persons where, for any form of consideration, films, motion pictures, slides, tapes, CDs, DVDs or any other form(s) of visual or audio representation, twenty-five percent of which, by number, are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

J.

"Adult theater" means any theater, concert hall, auditorium, or similar establishment, either indoor or outdoor in nature, which for any form of consideration and as a preponderance of the entertainment presented, features live performances whose dominant or predominant character and theme is emphasized on specified sexual activities or exposure of specified anatomical areas for observation by patrons.

K.

"Body painting studio" means any establishment or business which provides the service of applying paint or any other substance, whether transparent or not, to or on the human body when such body is wholly or partially nude in terms of specified anatomical areas.

L.

"Massage parlor" means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs. This excludes all medical and dental practitioners and any state-licensed masseuse operating as or in conjunction with a medical or dental office, chiropractor, beauty salon, health gym, or other health-related business.

M.

"Nude, nudity, or state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

N.

"Public parks and public facilities" means all public parks, recreational fields, libraries, community centers, and government buildings such as City Hall, the post office, county offices, police and fire stations but does not include publicly owned land leased for private commercial purposes.

O.

"Public or private educational facilities" means any institution of learning whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the state board of education, including any nursery school, kindergarten, elementary school, junior high school, senior high school, community or junior college, four-year college or university, or any special institution of learning under the jurisdiction of the state department of education. It shall also mean any public or private daycare or preschool provider with greater than six children.

P.

"Religious institutions" means any buildings that are used primarily for religious worship and related religious activities.

Q.

"Residentially zoned properties" means property in the R-A, R-2, R-3, R-4, R-3-O zoning districts (with or without planned development overlay). It includes residential zoning designations in the county outside of city limits.

R.

"Specified anatomical areas" means and includes any of the following:

1.

Less than complete and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point above the top of the areola; or

2.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered; or

3.

Any device, costume, or covering that simulates any of the body parts included in Paragraphs 21.59.020(R)1. or 21.59.020(R)2. of this subsection.

S.

"Specified sexual activities" means and includes any of the following:

1.

The fondling or touching of human genitals, pubic regions, buttocks, anus or female breasts; or

2.

Sex acts, normal or perverted, actual or simulated, including but not limited to, intercourse, oral copulation, or sodomy; or

3.

Masturbation, actual or simulated; or

4.

Excretory functions as part of, or in connection with, any of the activities set forth in Paragraphs 21.59.020(S)1. through 21.59.020(S)3. of this subsection.

T.

"Youth-oriented facilities" means any facility used primarily by youths (under eighteen years of age) for physical or social activities and operated by a profit or nonprofit organization such as boys and girls clubs, private recreational fields, miniature golf courses, water slides, video arcades and other recreational facilities.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Adult Business License Requirement. In order to establish and operate an adult business within the areas allowed under the provisions of this chapter, an adult business license shall be obtained from the planning commission. The following rules shall apply:

1.

The planning commission shall issue or deny the adult business license to the applicant after a public hearing, which shall be held within thirty days from receipt of a complete application and the applicable fees.

2.

Failure of the planning commission to approve or deny the license application within the thirty days shall result in the license being granted.

3.

If the application is denied, the planning commission shall notify the applicant and explain the reason(s) for denial. Notification shall be sent by certified United States mail, return receipt requested, to the address provided on the license application, which shall be considered the correct address. Each applicant has the burden to furnish any change of address to the planning commission, by certified United States mail, return receipt requested.

4.

In the event that an application is denied, the applicant may seek review of such action by the city council in accordance with Subsection 21.59.030(H) (Appeal of Denial, Suspension or Revocation).

5.

In the event that the applicant does not prevail on its appeal to the city council, it may seek judicial review pursuant to section 21.59.030(I) (Judicial Review).

B.

Findings. Prior to approving an application for an adult business license, the planning commission shall make the following findings:

1.

The adult business will be located in an area allowed by the city's zoning code; and

2.

The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; and

3.

The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area; and

4.

That the conduct of entertainment, as proposed by the applicant, if a license is granted, will comply with all applicable laws, including, but not limited to, all city, county, and state regulations; and

5.

The applicant has not knowingly made any false, misleading or fraudulent statement of facts in the license application, or any other document required by the city in conjunction therewith.

C.

Establishment Defined. As used in this chapter, the establishment of an adult business means and includes any of the following:

1.

The opening or commencement of any adult business as a new business;

2.

The conversion of an existing business, whether or not an adult business, to an adult business;

3.

The addition of any adult business to any other existing business; or

4.

The relocation of any adult business.

D.

Application Requirements.

1.

In addition to the submittal requirements for an adult business license, the following shall be submitted prior to an application being deemed complete:

a.

The name, permanent address, and fingerprints of applicant;

b.

The name and proposed business address of the applicant. If the applicant is a corporation, the applicant's name shall be exactly as set forth in its articles of incorporation; and the applicant shall show the name and residence address of each of the officers and directors of the corporation. If the applicant is a general partnership or a limited partnership, the application shall show the name and residence address of each of the general partners of the partnership. If the applicant is a limited liability company, the application shall show the name and residence address of each of the managing members of the limited liability company;

c.

A detailed description of the proposed entertainment, including type of entertainment and number of persons engaged in the entertainment;

d.

Hours of operation and a floor plan showing where the specific entertainment uses are proposed to be conducted within the building and the admission fee, if any, to be charged;

e.

The name or names of the person or persons who have the management or supervision responsibilities of the applicant's business and of any entertainment;

f.

A statement of the nature and character of the applicant's business, if any, to be carried on in conjunction with such entertainment;

g.

A site area map showing the proposed business location and plotting of all uses listed in compliance with Subsection 21.59.040(A) (Location).

Prior to the time limit set forth in Subsection 21.59.030(A) (Adult Business License Requirement) within which the planning commission shall grant or deny an adult business license application, the police department shall complete a background investigation of all parties specified above in the application.

E.

Additional Public Hearing Notices. The public notice required for a public hearing on an application for an adult business license shall include mailed notices to all property owners and residents or tenants located within one thousand feet of the exterior boundaries of the parcel on which the business is proposed to be located. This shall be in addition to the notice requirements in Section 21.26.030 (Notice Requirements for Hearings).

F.

Transfer of License. A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.

G.

Suspension or Revocation of License. An adult business license may be suspended or revoked in accordance with the procedures and standards of this subsection.

1.

Based on a determination that grounds for permit revocation exist, the planning commission shall furnish written notice of the proposed suspension or revocation to the licensee. Such notice shall set forth the time and place of a hearing, and the ground(s) upon which the hearing is based, the pertinent code sections and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the licensee, or shall be delivered to the licensee personally, at least ten days prior to the hearing date. Hearings shall be conducted in accordance with the city's procedures.

2.

A licensee may be subject to suspension or revocation of his or her permit, or be subject to other appropriate remedial action, including the imposition of additional conditions, for any of the following causes arising from the acts or omissions of the licensee, or an employee, agent, partner, director, stockholder, or manager of an adult business:

a.

The licensee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the city.

b.

The licensee, employee, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

i.

Any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation;

ii.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur;

iii.

Any conduct constituting a criminal offense that requires registration under Section 290 of the California Penal Code;

iv.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 of Subdivision (b) of Section 647 of the California Penal Code;

v.

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 to 313.4; or

vi.

Any conduct prohibited by this chapter.

c.

Failure to abide by any action previously imposed by an appropriate City official.

3.

After holding the hearing in accordance with the provisions of this subsection, if the planning commission finds and determines that there are grounds for action, the planning commission shall do one of the following:

a.

Issue a warning;

b.

Suspend the license for a specified period not to exceed six months; or

c.

Revoke the permit.

4.

Any adult business that is operating in violation of the requirements of this zoning code is declared to constitute a public nuisance and, in addition to actions authorized in this subsection, may be subject to abatement or enjoined from further operation by the city.

H.

Appeal of Denial, Suspension or Revocation. After denial of an application for an adult business license, or after denial of renewal of a license, or suspension or revocation of a license, the applicant or person to whom the license was granted may seek review of such administrative action by the city council.

I.

Judicial Review—Stay Pending Trial Court Decision.

1.

Judicial review of any final administrative decision after appeal under this chapter issuing, denying, suspending or revoking, or imposing other discipline upon, an adult business license may be had pursuant to Code of Civil Procedure Section 1094.8. The applicant shall be provided written notice of the time limits references in Code of Civil Procedure Section 1094.8 to the appellant when transmitting the decision.

2.

A final administrative decision issuing, denying, suspending or revoking, or imposing other discipline upon, an adult business license shall be stayed for a period of twenty-one days after the decision becomes final, and the adult business shall be entitled to operate pursuant to the permit during the twenty-one-day time period.

3.

Upon the timely filing of a request for judicial review pursuant to Code of Civil Procedure Section 1094.6 or Section 1094.8, the administrative decision issuing, denying, suspending, or revoking, or imposing another discipline upon an adult business license shall be stayed until the request for judicial review is dismissed or until a decision on the merits is issued by the trial court. The adult business shall be entitled to operate during the stay.

J.

Enforcement.

1.

Separate Offense for Each Day. Any person who knowingly violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, allows, or causes a violation thereof and shall be punished accordingly.

2.

Public Nuisance. Any use or condition caused or allowed to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be summarily abated by the city pursuant to Chapter 9.06 (Nuisance Abatement) of Title 9 (Public Safety) of the city's Municipal Code. Any person who knowingly violates, causes, or permits another person to violate any provision of this chapter commits an infraction. Any person convicted of an infraction shall be subject to a fine to the maximum amount allowed by state law. Any person twice convicted of an infraction for repeat violations of the same provision within a twelve-month period may be charged with a misdemeanor upon being issued a citation for the repeated violation of the same provision. Any person convicted of a misdemeanor shall be subject to punishment to the maximum extent permitted by state law.

3.

Civil Injunction. The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause of action for injunctive relief.

4.

Administrative Penalties. In addition to the civil remedies and criminal penalties set forth above, any person who violates the provisions of this chapter may be subject to administrative penalties, as set forth by the city.

K.

Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have passed each section irrespective of the fact that nay one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any adult business otherwise authorized and/or operating within the city shall be established, located, and operated consistent with each and every of the following:

A.

Location.

1.

All adult businesses as defined in this chapter shall be located in the airport (AP) zoning district only.

2.

Within the AP zoning district, no adult businesses shall be established within five hundred feet of the following uses within or outside the city limits:

a.

Residentially zoned properties;

b.

Public or private educational facilities;

c.

Religious institutions;

d.

Public parks and public facilities;

e.

Youth-oriented facilities;

f.

Bars or taverns.

3.

Within the AP zoning district, no adult business may be established within one thousand feet of another adult business as defined by Section 21.59.020 (Definitions).

4.

The distance of five hundred or one thousand feet shall be measured in a straight line from the closest property line of the adult business to the closest property line of any of the preceding uses.

B.

Limitations on Display of Harmful Matter in Newsracks. The limitations on display of material, which is harmful to minors as contained within Chapter 11.35 (Newsracks) of Title 11 (Streets and Sidewalks) of the city's Municipal Code, shall apply to private property as well as to the public right-of-way.

C.

Prohibition Against Minors in an Adult Business. It shall be unlawful for any licensee, operator, or other person in charge of any adult business to allow to enter, or remain within the adult business, any person who is not at least eighteen years of age or to provide any service for which this chapter requires a license, to any person who is not at least eighteen years of age.

D.

Concealing Specified Sexual Activities and Specified Anatomical Areas from Public View. No adult business shall be operated in any manner that allows the observation of any material or activities depicting, describing, or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window, or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

E.

Posting Notices Relating to Minors. No person under the age of eighteen years shall be allowed within an adult business at any time. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under eighteen years of age are prohibited from entering the premises. Said notice shall be constructed and posted to the satisfaction of the director or his or her designee.

F.

Indoor Areas Open to View by Management. All indoor areas of the adult business where patrons or members of the public are allowed, excluding restrooms, shall be open to view by management at all times.

G.

Security Guards. Any adult business shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

1.

Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the adult business is greater than thirty-five persons, an additional security guard shall be on duty.

2.

Security guards shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of these regulations. Security guards shall be uniformed in such a manner so to as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state law. No security guard required pursuant to this subsection shall act as a door person, ticket seller, ticket taker, admittance person, entertainer or performer, or sole occupant of the manager's station while acting as a security guard.

H.

Register and License Number of Employees.

1.

Each person who will perform in live entertainment depicting specified anatomical areas or involving specified sexual activities shall submit a registration form to the chief of police that contains the person' s name, residence address, telephone number, driver's license number and written evidence that the person is at least eighteen years of age.

2.

Unless the person cannot provide written evidence of his or her age, upon the submission of such registration form, the person shall be issued a temporary license to perform in live entertainment as described in Paragraph 21.59.040(H)1. of this subsection.

3.

The chief of police or his or her designee shall issue a permanent license to the person within ten days of receipt pending verification of the person's age.

4.

Every licensee of an adult business that provides live entertainment depicting specified anatomical areas or involving specified sexual activities shall maintain a register of all past and current persons so performing at the adult business and their license numbers. Such register shall be available for inspection during regular business hours by any police officer of the city.

I.

Inspection.

1.

An applicant or licensee shall allow representatives of the police department, emergency services department, community development department or other city departments or agencies to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time the adult business is occupied or open for business.

2.

It is a violation of this chapter for a person who operates an adult business or that person's agent or employee to refuse to allow such lawful inspection of the adult business at any time it is open for business.

J.

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

K.

Additional Regulations for Adult Motion Picture Arcade. Any adult business that is also an adult motion picture arcade shall comply with the following provisions:

1.

The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager station of every area of the adult business to which any patron is allowed access for any purpose, excluding restrooms. If the adult business has two or more manager stations designated, then the interior of the adult motion picture arcade shall be configured in such a manner that there is an unobstructed view from at least one of the manager stations of each area of the adult business to which any patron is allowed access.

2.

It shall be the duty of the licensee to ensure that the view area required by Paragraph 21.59.040(K)1. of this subsection is at all times unobstructed by any doors, walls, merchandise, display racks, or other materials while the adult business is open to patrons.

3.

No viewing room or booth may be occupied by more than one person at any time.

4.

The walls or partitions between viewing rooms or booths shall be maintained in good repair at all times, with no holes between any two such rooms such as would allow viewing from one booth into another or such as to allow physical contact of any kind between the occupants of any two such booths or rooms.

5.

Customers, patrons, or visitors shall not be allowed to stand idly by in the vicinity of any such video booths, or remain in the common area of such adult business, other than the restrooms, unless actively engaged in shopping for or reviewing the products available or on display for purchaser viewing. Signs prohibiting loitering shall be posted in prominent places in and near the video booths.

6.

The floors, seats, walls, and other interior portions of all video booths shall be maintained clean and free from waste and bodily secretions. The presence of human excrement, urine, semen, or saliva in any such booth shall be evidence of improper maintenance and inadequate sanitary controls.

L.

Additional Regulations Relating to Live Entertainment. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities, except for businesses regulated by the California Department of Alcoholic Beverage Control.

1.

No person shall perform live entertainment for patrons of an adult business except upon a stage that is at least twenty-four inches above the level of the floor and which is separated by a distance of at least ten feet from the nearest area occupied by patrons. A fixed rail(s) at least thirty inches in height shall be maintained by establishing the separations between performers and patrons required by this subsection.

2.

"Performer" shall mean any person who is an employee or independent contractor of the adult business, or any person who, with or without compensation or other form of consideration, performs live entertainment for patrons of an adult business.

3.

The adult business shall provide separate dressing room facilities for performers, which are exclusively dedicated to the performers' use.

4.

The adult business shall provide an entrance/exit for performers that is separate from the entrance/exit used by patrons.

5.

The adult business shall provide access for performers between the stage and the dressing rooms, which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for performers between the dressing room area and the stage, with a railing, fence, or other barrier separating the patrons and the performers that is capable of preventing any physical contact between patrons and performers.

6.

No performers, either before, during, or after performances, shall have physical contact with any patron and no patron shall have physical contact with any performer either before, during, or after performances by such performer. This paragraph shall only apply to physical contact anywhere on or within the premises of the adult business, including off-street parking areas.

7.

No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or accept any gratuity from any patron.

8.

No owner or other person with managerial control over an adult business shall allow any person on the premises of the adult business to engage in a live showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque coverage over any part of the nipple or areola and/or covered male genitals in a discernibly turgid state. This paragraph may not be complied with by applying an opaque covering simulating the appearance of the specified anatomical part required to be covered.

M.

Additional Regulations for Adult Motels.

1.

Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented and vacated two or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult hotel or motel.

2.

It is a violation of this chapter when, as a person in control of a sleeping room in a hotel, motel or similar commercial establishment that does not have an adult business license, the person rents or sub-rents a sleeping room to a person and, within ten hours from the time the room is rented, rents or sub-rents the same sleeping room again.

3.

For purposes of Paragraphs 21.59.040(M)1. and 21.59.040(M)2. of this subsection, the terms "rent" or "sub-rent" mean the act of allowing a room to be occupied for any form of consideration.

N.

Additional Regulations Relating to the Exhibition of Sexually Explicit Films, Videos or Live Entertainment in Viewing Rooms. A person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a viewing room of less than one hundred fifty square feet of floor space, a film, video cassette, CD, DVD, live entertainment or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

1.

Upon application for an adult business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be allowed. A manager's station may not exceed thirty-two square feet of floor area. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions of all areas of the interior of premises to an accuracy of plus or minus six inches. The chief of police may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was first prepared.

2.

No alteration in the configuration or location of a manager's station may be made without the prior written approval of the chief of police.

3.

It is the duty of the licensee of the adult business to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the adult business.

4.

The interior of the adult business shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult business to which any patron is allowed access for any purpose, excluding restrooms. Restrooms may not contain video viewing equipment. If the adult business has two or more designated manager' s stations, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the adult business to which any patron is allowed access for any purpose from at least one of the manager's stations. The view required by this subsection shall be by direct line of sight from the manager's station.

5.

It shall be the duty of the licensee to ensure that the view area specified in this subsection remains unobstructed at all times by any doors, curtains, partitions, walls, merchandise, display racks or other materials.

6.

It shall be the duty of the licensee to ensure that no patron is allowed access to any area of the adult business, which has been designated, as an area in which patrons will not be allowed pursuant to Paragraph 21.59.040(N)1. of this subsection.

7.

No viewing room may be occupied by more than one person at any time.

8.

The adult business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are allowed access at an illumination of not less than five foot candles as measured at the floor level.

9.

It shall be the duty of the licensee to ensure that the illumination required by this subsection is maintained at all times that any patron is present in the premises.

10.

No openings of any kind shall exist between viewing rooms or booths.

11.

No person shall make or attempt to make an opening of any kind between viewing booths or rooms.

12.

The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist, and, if any do exist, promptly repair any such openings or holes prior to any use of such booths by patrons.

13.

The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.

14.

The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty-eight inches of the floor.

15.

It is a violation of this chapter for a person having a duty under this subsection to knowingly fail to fulfill that duty.

O.

Additional Regulations for Adult Model Studios.

1.

An adult model studio shall not employ any person under the age of 18 years.

2.

It is a violation of this chapter for a person under the age of eighteen years to appear semi-nude or in a state of nudity in or on the premises of an adult model studio. It is a defense to prosecution under this section if the person under eighteen years was in a restroom not open to public view or visible to any other person.

3.

It is a violation of this chapter for a person to appear in a state of nudity, or knowingly allow another to appear in a state of nudity in an area of an adult model studio premises, which can be viewed from the public right-of-way.

4.

An adult model studio shall not place or allow a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The purpose of this chapter is to regulate personal, medical, and commercial cannabis uses. Nothing in this chapter shall preempt or make inapplicable any provision of state or federal law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The definitions for this chapter shall be as defined in Section 3.22.030 (Definitions) of the Municipal Code. Additionally, the following definitions shall apply:

A.

"Commercial cannabis activity" includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, or sale of cannabis and cannabis products for recreational use.

B.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products.

C.

"Licensee" means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the California Business and Professions Code.

D.

"Cannabis accessories" means any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.

E.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling.

F.

"Sale" includes any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis products was purchased.

G.

Any term defined in this section also means the very term as defined in the California Business and Professions Code or the California Health and Safety Code, unless otherwise specified.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Personal Recreational Use.

1.

General. For purposes of this subsection, personal recreational use, possession, purchase, transport, or dissemination of cannabis shall be considered unlawful in all areas of the city to the extent it is unlawful under state law.

2.

Outdoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

3.

Indoor Cultivation. A person may not plant, cultivate, harvest, dry, or process cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a private residence, or inside any other enclosed structure within any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.

a.

Subject to obtaining an indoor cultivation permit from the community development department, this chapter shall not prohibit the cultivation of six or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private resident that is fully enclosed and secured and in compliance with Health and Safety Code Sections 11362.1 and 11362.2.

b.

The community development department will issue application and processing guidelines for the indoor cultivation permit. No indoor cultivation permit shall be issued prior to the release of these guidelines, and no permit shall be granted which has not complied fully with the application and processing requirements. The city council may institute a fee for the indoor cultivation permit by resolution.

B.

Medical Use.

1.

Cultivation of medical cannabis pursuant to Section 11362.77 of the California Health & Safety Code is subject to the cultivation requirements laid out in Subsection 21.60.030(A) (Personal Recreational Use) of this section.

2.

The establishment or operation of any medical cannabis collective, cooperative, dispensary, operator, establishment, or provider shall be considered a prohibited use in all zoning district of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such businesses or operations in any zoning district.

3.

Exception. The establishment or operation of a medical cannabis delivery service is allowed in the city, provided a use permit, variance, building permit, business license, and all other entitlements or permits have been approved pursuant to this zoning code.

4.

Medical cannabis delivery services are only conditionally allowed in the Riverside Corridor (RSC) and the C-3 zoning district, subject to the granting of a conditional use permit and all of the following requirements:

a.

Medical cannabis delivery services shall operate from a physical location that is properly licensed by the state and shall perform retail sales exclusively by delivery. Medical cannabis shall not be offered, displayed, provided or sold from a storefront open to the general public. All other commercial cannabis activity shall be prohibited at the premises.

b.

Sales of non-medical, adult-use cannabis from the premises shall be prohibited.

c.

Pursuant to California Business and Professions Code Section 26054(b), medical cannabis delivery services shall not be located within a six-hundred-foot radius of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless the planning commission finds that the proposed site will not pose a threat to the public health, safety, and welfare of the surrounding community and properties.

d.

The planning commission shall serve as the review authority for issuance of a conditional use permit to medical cannabis delivery services. In addition to complying with all procedures and requirements for issuance of a use permit specified in Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the planning commission shall consider the following additional factors in determining whether to approve or deny a conditional use permit:

i.

Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;

ii.

Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;

iii.

Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and

iv.

The extent of support or opposition to the proposed use and location from members of the community.

e.

All conditional use permits issued pursuant to this subsection shall be conditioned on the permittee's compliance with all state laws and regulations applicable to medical cannabis delivery services, including obtaining and maintaining lawful possession of all necessary state license(s) prior to and during operation of the business. Violations of any applicable state licensing requirements shall be deemed violations of the conditional use permit and may result in revocation of the conditional use permit.

f.

The director or his or her designee is authorized to develop an appropriate application form and to administer reasonable guidelines and policies necessary to carry out the purposes and intent of Paragraph 21.60.030(B)4. of this subsection.

C.

Commercial Cannabis Activity.

1.

The establishment or operation of any business of commercial cannabis activity is prohibited, unless explicitly authorized pursuant to this chapter. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation. Such prohibited businesses or operations may include, but are not limited to:

a.

The transportation, storage, distribution, or sale of cannabis, cannabis products, or cannabis accessories;

b.

The cultivation of cannabis;

c.

The manufacturing or testing of cannabis, cannabis products, or cannabis accessories; or

d.

Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time.

2.

Exception. The establishment or operation of a commercial cannabis delivery service (for example, non-storefront retail) is allowed in the city only if a use permit, variance, building permit, business license, and all other entitlements or permits have been approved pursuant to this chapter. The city council, by resolution, may decide the number of permits authorized to operate a commercial cannabis delivery service within the city. Commercial cannabis delivery services are only allowed in the Riverside Corridor (RSC) and the C-3 zoning district, subject to the granting of a conditional use permit.

a.

In addition to complying with all procedures and requirements for issuance of a use permit specified in Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the planning commission shall consider the following additional factors in determining whether to approve or deny a conditional use permit:

i.

Whether the use is likely to enhance the economic vitality of the area in which is proposed to be located;

ii.

Whether the applicant has adequately addressed potential adverse impacts of the use and appropriate mitigation measures;

iii.

Whether the proposed use is likely to result in an overconcentration of the use in the surrounding area; and

iv.

The extent of support or opposition to the proposed use and location from members of the community.

D.

Commercial Cannabis Delivery Activity—Operational Requirements.

1.

No person shall deliver commercial cannabis anywhere in the city unless they comply with the procedures and requirements of this chapter.

2.

Commercial cannabis delivery services, including those physically located outside the city but delivering to customers within the city, are allowed to deliver commercial cannabis subject to the following requirements:

a.

All cannabis delivery services shall comply with all applicable state and local laws and regulations.

b.

All cannabis delivery services shall pay all applicable taxes, including in accordance with Chapter 3.22 (Cannabis Business Tax) of Title 3 (Revenue and Finance) of this Municipal Code.

c.

All cannabis delivery service shall maintain accurate books and records, detailing revenues and expenses of the business it does in the city. At any time upon reasonable request of the city, each cannabis delivery service shall file a sworn statement detailing:

i.

The number of sales by the cannabis delivery service; and

ii.

Taxes paid pertaining to cannabis delivery in the city during the previous twelve-month period (or shorter period based upon the timing of the request).

d.

All cannabis delivery services shall obtain all state and local approvals and permits as required in this chapter and shall be able to show compliance with the regulations of the originating jurisdictions, if applicable.

e.

All deliveries of cannabis to customers shall only be allowed in the city between the hours of 8:00 a.m. and 10:00 p.m.

f.

All cannabis delivery services shall provide the city manager with the name and contact information of an owner and manager who can be reached twenty-four hours a day. This contact information shall be kept current and shall be updated as necessary to ensure compliance with this chapter.

E.

Cannabis Delivery Activity—Delivery from Outside the City.

1.

Cannabis delivery is allowed in the city by operators with physical locations located outside the city, subject to the requirements of this chapter.

2.

All cannabis delivery services shall obtain and maintain a valid business license in accordance with this chapter and Chapter 3.28 (Business License Tax). In addition to the requirements of Section 3.28.090 (Application—Contents), the applicant, at a minimum, shall submit the following:

a.

A completed and signed application;

b.

The requisite application fee;

c.

Copies of any required state and local licenses to conduct cannabis activity;

d.

Information and documentation demonstrating compliance with this chapter;

e.

The physical address of the property upon which the applicant conducts the cannabis activity (for example, the location where deliveries originate);

f.

List of all vehicles (make, model, and license plate) that are eligible to conduct delivery in the city. This list shall be kept current by the applicant throughout the duration of the license; and

g.

Any information or documentation deemed necessary by the city.

3.

Each business license shall be renewed annually in accordance with Section 3.28.110 (Renewal Business License Tax Certificate). In addition to the requirements of Section 3.28.110 (Renewal Business License Tax Certificate), the applicant shall demonstrate that the requirements of this chapter remain satisfied.

4.

Any person aggrieved by any decision with respect to the issuance or refusal to issue such business license may appeal to the city manager as set forth in Section 3.28.140 (Appeal).

F.

Existing Medical Cannabis Delivery Services.

1.

Pursuant to the provisions of this subsection, medical cannabis delivery services lawfully operating in the city pursuant to Subsection 21.60.030(B) (Medical Use) of this section as of November 17, 2022 shall be authorized to temporarily deliver commercial cannabis under the terms and conditions of such existing conditional use permit and the operational requirements set forth in Subsection 21.60.030(D) (Commercial Cannabis Delivery Activity - Operational Requirements) of this section.

2.

This temporary authorization shall not grant, guarantee, or entitle the qualifying medical cannabis delivery services to issuance of a permit under this chapter, nor to a permit under a future superseding ordinance or regulatory framework.

3.

The temporary authorization shall terminate based upon the earliest of the following events:

a.

From twelve months after the effective date of the ordinance from which this title is derived, the temporary authorization shall automatically terminate with no further action or notice required by the city.

b.

Upon adoption of a superseding ordinance or regulatory framework of commercial cannabis, the temporary authorization to deliver commercial cannabis shall be deemed extended until final approval or denial of the permit, and thereafter the temporary authorization shall be deemed terminated and of no further force and effect. Failure to timely submit a complete application shall result in termination of the temporary authorization.

4.

The temporary authorization granted pursuant to this subsection does not, in any way, create any right, interest, or entitlement to sell or deliver commercial cannabis. The city may, at any time and for any reason, terminate this temporary authorization.

5.

The assignment or transfer or attempt to assign or transfer the temporary authorization is unlawful and shall be null and void.

6.

The temporary authorization under this subsection is justified due to the fact that the medical cannabis delivery services previously allowed under Subsection 21.60.030(B) (Medical Use) of this section have undergone extensive review, examination, and scrutiny in conditional use permit proceedings and the findings necessary to establish a medical cannabis delivery service have been made.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by this chapter, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. In addition to the penalties provided in this section, any condition caused or allowed to exist in violation of any of the provisions of this chapter is declared a public nuisance and may be abated as provided Chapters 1.02 (Penalties) and 1.03 (Administrative Citation) and/or under state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The purpose of this chapter is to establish a program in accordance with Section 65915 et seq., of the California Government Code to provide both density increases and other incentives to encourage the creation of housing affordable to moderate-, low-, and very low-income households and units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income in the threshold amounts specified in state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. All proposed housing developments that qualify under California Government Code Section 65915 for a density increase and other incentives, and any qualified land transfer under California Government Code Section 65915, shall be eligible to apply for a density bonus (including incentives and/or concessions) consistent with the requirements, provisions, and obligations set forth in California Government Code Section 65915 et seq., as may be amended.

B.

Compliance. The applicant shall comply with all requirements stated in California Government Code Sections 65915 through 65918 (also referred to as California Government Code Section 65915 et seq. and state density bonus law). The requirements of state density bonus law, and any amendments thereto, shall prevail over any conflicting provision of this code.

C.

Excluded Development. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under state density bonus law.

D.

Interpretation. The provisions of this subdivision shall be interpreted to implement and be consistent with the requirements of state density bonus law. Any changes to state density bonus law shall be deemed to supersede and govern over any conflicting provisions contained herein. If any portion of this chapter conflicts with state density bonus law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state density bonus law.

E.

Replacement Housing Requirement. Pursuant to subdivision (c)(3) of California Government Code Section 65915, the applicant will be ineligible for a density bonus or other incentives unless the applicant complies with the replacement housing requirements therein, including in the following circumstances:

1.

The housing development is proposed on any parcel(s) on which rental dwelling units are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income;

2.

The housing development is proposed on any parcel(s) on which rental dwelling units that were subject to a recorded covenant, ordinance, or law that restricted rents to levels affordable to persons and families of lower or very low income have been vacated or demolished in the five-year period preceding the application;

3.

The housing development is proposed on any parcel(s) on which the dwelling units are occupied by lower or very low-income households; or

4.

The housing development is proposed on any parcel(s) on which the dwelling units that were occupied by lower or very low-income households have been vacated or demolished in the five-year period preceding the application.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

General. If a qualifying affordable housing project or land transfer meets the criteria of California Government Code Section 65915 et seq., the project shall be granted a density bonus, the amount of which shall be as specified in California Government Code Section 65915 et seq., and incentives or concessions also as described in California Government Code Section 65915 et seq.

B.

Density Bonus Units. Except as otherwise required by California Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus.

C.

Market-rate Senior Citizen Housing Developments. Market-rate senior citizen housing developments that qualify for a density bonus shall not receive any other incentives or concessions unless California Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Physical Constraints. Except as restricted by California Government Code Section 65915 et seq, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

4.

The waiver or reduction of the development standard would be contrary to state or federal law.

B.

Parking. The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with California Government Code Section 65915(p), as that section may be amended from time to time.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Consistent with the provisions of California Government Code Section 65915 et seq., prior to a density increase or other incentives being approved for a project, the city and the applicant shall agree in writing to an appropriate method of ensuring the continued availability of the density bonus units.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

An application for a density increase or other incentives under this chapter for a housing development shall be submitted in writing to the city to be processed concurrently with all other entitlements of the proposed housing development. The application for a housing development shall contain information sufficient to fully evaluate the request under the requirements of this chapter, and in connection with the project for which the request is made, including, but not limited to, the following:

1.

A brief description of the proposed housing development;

2.

The total number of housing units and/or shared housing units proposed in the development project, including unit sizes and number of bedrooms. For the purposes of this section, a "shared housing unit" means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the "minimum room area" specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of "guestroom" in Section R202 of the California Residential Code;

3.

The total number of units proposed to be granted through the density increase and incentive program over and above the otherwise maximum density for the project site;

4.

The total number of units to be made affordable to or reserved for sale, or rental to, very low, low- or moderate-income households, or senior citizens, or other qualifying residents;

5.

The zoning, general plan designations, and assessor's parcel number(s) of the project site;

6.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway(s) and parking layout;

7.

Within zoning districts that rely on a form-based code, a base density study that identifies the density feasible on the site without incentives, concessions, or density bonuses;

8.

The proposed method of ensuring the continued availability of the density bonus units; and

9.

A list of any concession(s) or incentive(s) being requested to facilitate the development of the project, and a description of why the concession(s) or incentive(s) is needed.

B.

The application shall be considered by the planning commission and/or the city council at the same time each considers the project for which the request is being made. If the project is not to be otherwise considered by the planning commission or the city council, the request being made under this chapter shall be considered by the director or designee, separately. The request shall be approved if the applicant complies with the provisions of California Government Code Section 65915 et seq.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The purpose of the historic preservation ordinance is to provide for the recognition, preservation, protection, and use of historic resources in the city by establishing procedures and regulations that are necessary to:

A.

Assist the city in identifying and protecting its historic resources;

B.

Ensure that new development maintains continuity with the city's historic character and scale;

C.

Maintain historic resources as community assets; and

D.

Fulfill the city's responsibilities regarding historic resources under applicable state and federal laws, including the California Environmental Quality Act (CEQA) and Section 106 of the National Historic Preservation Act of 1966.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Enabling Authority. California Government Code Sections 65850 and 37361 enable city legislative bodies to provide for "the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value."

B.

Powers and Duties of the Zoning Administrator. The zoning administrator shall be the review authority for Certificates of no effect (see Paragraph 21.62.080(A)5. [Criteria and Procedure for Issuance of a Certificate of No Effect]).

C.

Powers and Duties of the Planning Commission.

1.

Authority. The planning commission shall have the power and it shall be its duty to perform the following acts:

a.

Hear appeals of zoning administrator decisions related to historic preservation (see Appeals and Calls for Review [Chapter 21.25]).

b.

Act as the review authority for certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a local historic resource. For certificates of appropriateness affecting a historic landmark, see Paragraph 21.62.020(C)2.

c.

Encourage public understanding of and involvement in the unique historic, cultural, and architectural heritage of the city through educational and interpretive programs.

d.

Educate property owners and the general public about historic preservation policies, procedures, and practices.

e.

Explore means for the protection, retention, and use of any designated or potential historic resource, but not limited to, appropriate legislation and financing, such as encouraging independent funding organizations or private, local, state or federal assistance.

f.

Pursue or support the designation of individual properties or historic districts in the National Register of Historic Places to enable property owners to make use of federal tax incentives.

g.

Recommend and encourage the protection, enhancement, appreciation, and use of structures of historic, cultural, architectural, community, or aesthetic value which have not been designated as historic resources but are deserving of recognition.

h.

Perform any other functions that may be designated by the city council.

2.

Advisory. The planning commission shall be the advisory body to the city council on the following matters related to historic preservation:

a.

Make recommendations to the city council for certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) that affect a historic landmark.

b.

Make recommendations to the city council for applications for demolition affecting designated historic resources (Subsection 21.62.080(B) [Demolition of Designated Historic Resources).

c.

Make recommendations to the city council for projects affecting city-owned, designated historic resources, including changes to public and semi-public interior spaces.

d.

Recommend to the city council that certain sites, buildings, structures, objects or districts having a significant historical, cultural, architectural, community or aesthetic value as part of the heritage of the city be designated as historic resources or historic districts.

e.

Make recommendations to the city council on issues related to historic preservation in the general plan.

f.

In coordination with the Main Street Association, recommend that the city council confer recognition upon the owners of designated historic resources by means of certificates, plaques, or markers.

g.

Recommend that the city council issue commendations to owners who have rehabilitated their property in an exemplary manner.

h.

Advise the city council and other advisory bodies as necessary on historic preservation issues.

D.

Powers and Duties of the City Council.

1.

The city council shall be the review authority on the following matters related to historic preservation:

a.

Appeals of planning commission decisions related to historic preservation (see appeals and calls for review [Chapter 21.25]);

b.

Certificates of appropriateness (see Paragraph 21.62.080(A)6. [Criteria and Procedure for Issuance of a Certificate of Appropriateness]) for projects that affect a historic landmark;

c.

Projects affecting city-owned, designated historic resources, including changes to public and semi-public interior spaces.

d.

Additions to or removal of local historic resources from the Paso Robles Historic Resources Inventory (Paragraph 21.62.030(A)1.).

e.

Adoption or alteration of a historic district (Paragraph 21.62.030(A)2. [Historic Districts]).

f.

Designation of historic signs (Paragraph 21.62.030(A)3. [Historic Signs]).

g.

Demolitions affecting designated historic resources (Subsection 21.62.080(B) [Demolition of Designated Historic Resources]).

2.

Referral. Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission by the city council for report and recommendation. The planning commission may, but need not, hold a public hearing on matters referred to it by the city council.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Within the city, there are locally identified historic resources and there are state or federally identified historic resources as specified in the following subsections.

A.

Local Historic Resources. A building, structure, object, or site is designated a historic resource in the city if it is listed in the Paso Robles Historic Resources Inventory or is a contributor to a designated historic district. Historic resources and contributors to designated historic districts are eligible for special protection and incentives that non-designated historic resources do not receive. The city has three designation categories to recognize local historic resources:

1.

Historic Resources Inventory. The Paso Robles Historic Resources Inventory identifies buildings, structures, objects, and sites that are designated historic resources due to individual historic significance with character defining features, integrity of location, design, setting, materials, workmanship, feeling, or association, that meets at least one of the following criteria:

a.

Are identified as historic resources through survey or other evaluation;

b.

Are included on any list of historic and cultural resources, including, but not limited to, the National Register of Historic Places, the California Register, and the state historic resources inventory (with a California Historic Resource Status Code of 1-5);

c.

The resource reflects special elements of the city's historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development;

d.

It is identified with persons or events significant in local, state, or national history;

e.

It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or whether the building or structure represents an established and familiar visual feature of a neighborhood or community of the city;

f.

It has yielded or has the potential to yield, information important to the history or prehistory of Paso Robles, California, or the nation; or

g.

The interior of a public or semi-public space or feature may be designated as part of a historic resource if it meets all of the following criteria:

i.

Historically the space has been open to the public;

ii.

The materials, finishes, or detailing are intact, or later additions are reversible;

iii.

The plan, layout, and features of the space are illustrative of its historic function;

iv.

Its form and features articulate a particular concept of design; or

v.

There is evidence of distinctive craftsmanship.

The Paso Robles Historic Resources Inventory shall be kept on file with the community development department, and distributed to the city clerk, the public works director, the emergency services director, the Paso Robles Historical Society, and the Paso Robles Public Library.

2.

Historic Districts. A historic district is a significant concentration, linkage, or continuity of buildings, structures, objects, or sites unified historically or aesthetically in a distinguishable way or in a geographically definable area. A historic district will typically have both contributors and noncontributors within its boundaries. Contributors are considered historic resources and are eligible for special protection and incentives that noncontributors do not receive. Noncontributors are not regulated under this chapter. The criteria for designating a historic district are buildings, structures, objects, or sites that relate to each other in a distinguishable way or in a geographically definable area may be designated as a historic district by meeting at least one of the following:

a.

They are a contiguous grouping of resources that meet at least one of the criteria identified for inclusion on the historic resource inventory;

b.

They are a noncontiguous grouping of thematically related properties;

c.

They are in a definable area possessing a concentration of historic, scenic, or thematic sites, which contribute to each other and are unified by plan, physical development, or architectural quality;

d.

They reflect significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning; or

e.

They have a unique location, singular physical characteristics, or are an established and familiar visual feature of a neighborhood, community, or the city.

3.

Historic Signs. The city council may declare a sign to be of "historic significance" upon application by the sign's owner and a recommendation from the planning commission. For a sign to be declared "historically significant" and added to the historic resources inventory, all the following conditions shall be met:

a.

Time. The sign and the use to which it pertains shall have been in continuous existence at the present location for not less than twenty consecutive years.

b.

Graphic. The sign is an appurtenant graphic (for example, an on-premises sign that relates to the use of the property).

c.

Uniqueness. The sign is unique and enhances the cultural, historic, or aesthetic quality of the community, as determined by the director.

d.

Safety. The sign is structurally safe or is capable of being made so without substantially altering its historic significance.

B.

Historic Landmarks. A historic landmark is a building, structure, object, or site on a state or federal historic registry, or on the state historic resources inventory (with a California Historic Resource Status Code of 1-5).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Historic Resources Inventory. The city shall create and maintain a list of historic resources in Paso Robles known as the historic resources inventory, which shall be adopted by resolution of the city council.

B.

Historic Districts. Historic districts shall be shown on the zoning map per Section 21.36.030 (Historic Preservation Overlay).

C.

Historic Landmarks. Historic landmarks shall be those listed in the California Register of Historic Resources, National Register of Historic Places, or similar state of federal historic registry.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The designation of local historic resources shall be approved by the city council upon the recommendation of the planning commission in the following manner:

1.

Nominations for designation on or removal from the Paso Robles Historic Resources Inventory may be initiated by the owner of record of the property or structure, the zoning administrator, the planning commission, the city council, or any other organization with a recognized interest in historical preservation.

2.

Nominations for designation or alteration of historic districts may be initiated by the owner of a property that is included in the proposed district, the zoning administrator, the planning commission, the city council, or any other organization with a recognized interest in historical preservation.

3.

Applications originating from outside the zoning administrator, the planning commission, or the city council shall complete the nomination form provided by the community development department and shall be accompanied by applicable fees.

4.

For designation or alteration of a historic district, the applicant shall provide documentation by letter or petition that a majority of the owners of property within the proposed district support the designation; a map with the boundaries of the proposed district; and an inventory and photographs of all properties in the proposed district, including both contributing and noncontributing properties.

5.

For alteration to the historic resources inventory, if the applicant is not the owner of the property, the community development department shall, within ten days of receipt of the nomination, notify the owner in writing that an application for designation has been submitted. For designation of a historic district, the community development department shall, within ten days of receipt of the nomination, notify all property owners within the proposed district in writing that an application for designation has been submitted.

6.

Within thirty days of the receipt of a nomination, the director shall determine if the nomination form is complete.

7.

There shall be a work moratorium beginning the day the nomination form is deemed complete while the planning commission's public hearing or the city council's decision is pending. During the moratorium, demolition or alteration permits will not be issued. The work moratorium will end upon the earlier of the city council's decision on the proposed designation, a moratorium termination date designated by the city council, or one hundred eighty calendar days from the date of commencement of the moratorium, whichever is less.

8.

The planning commission shall schedule a public hearing on all nominations, whether originating with the commission or with another party. If a nomination originates from outside the commission, the public hearing shall be held within ninety days of the receipt of a complete application for designation.

9.

After the public hearing, the planning commission shall recommend approval in whole or in part or disapproval of the application for designation in writing to the city council, outlining the findings used to make its decision.

10.

The city council, within sixty days of the planning commission's recommendations concerning proposed designations, shall schedule a public hearing on all nominations and by resolution approve the recommendations in whole or in part, or shall by motion disapprove them in their entirety. If the city council approves a proposed designation, notice of the city council's decision shall be sent to applicants and owners of a designated property.

11.

Matters not previously considered by the planning commission during its hearing may, but need not, be referred back to the planning commission by the city council for report and recommendation.

12.

Notice of the hearings shall be given in the manner provided for in Chapter 21.26 (Public Hearings and Notice).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The city council, upon the recommendation of the planning commission, may amend or rescind any designation of a historic resource, in the same manner and procedure described in Section 21.62.050 (Procedure for Designation of Historic Resources).

In rescinding or amending the designation of a historic resource, the city council shall make the finding that the building, structure, object, or district no longer meets the designation criteria due to:

A.

New information that compromises the significance of the property; or

B.

Destruction of the historic resource or contributor to a historic district through a catastrophic event that has rendered the structure a hazard to public health, safety, or welfare; or

C.

The demolition, relocation, or removal of the historic resource or contributor to a historic district.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Within thirty days of receipt of an application for a building permit to demolish or relocate a structure pursuant to Municipal Code Chapter 17.16 (Demolition of Buildings and Structures), but prior to the issuance of said building permit, the zoning administrator shall determine whether the structure has potential historic significance based on the criteria for the designation of historic resources in this chapter. If the zoning administrator determines that such potential exists, the structure shall not be demolished or relocated unless and until an environmental assessment is completed pursuant to the provisions of the California Environmental Quality Act (CEQA). The cost of conducting this environmental assessment shall be borne entirely by the applicant for the demolition permit.

If an environmental assessment is completed pursuant to CEQA and findings indicate that demolition of the structure would have a significant effect on the environment, the structure shall not be demolished or relocated unless the city council, based on a recommendation from the planning commission, makes one or more of the following findings:

A.

That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the general plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;

B.

In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or

C.

That the demolition or relocation of the structure is necessary to protect or to promote the health, safety, or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Alteration and Repair to Historic Resources.

1.

Approval Process for Alterations or Repairs to Historic Resources. It shall be unlawful for any person, owner, or entity to directly or indirectly alter, remodel, demolish, grade, remove, construct, reconstruct, or restore any designated historic, without first obtaining a certificate of appropriateness or certificate of no effect.

2.

California Historical Building Code. When a building is determined eligible by the building official, an applicant may opt to utilize the California Historical Building Code for alterations to historical resources.

3.

Alterations that are Exempt from Review. The provisions for the issuance of a certificate of appropriateness or a certificate of no effect shall not be construed to prevent ordinary maintenance and repair which does not change the design, materials, architectural elements, or site features of a designated historic resource or a building, structure, object, or site listed in the Paso Robles Historic Resources Inventory. The following activities may be exempted from the review procedures:

a.

Routine maintenance and minor repairs;

b.

Exterior painting;

c.

Replacing deteriorated roofing materials with the same type of material already in use;

d.

Addition or removal of screens, awnings, canopies and similar incidental appurtenances;

e.

Addition or removal of landscape walls and fences;

f.

Addition or removal of exterior lighting;

g.

Addition or removal of landscaping;

h.

Addition or removal of driveways and walkways; and

i.

Interior alterations (unless a historic resource designation includes interior features).

4.

Alterations that Require Review. All proposed alterations or repairs to a designated historic resource that are not listed in Paragraph 21.62.080(A)3. (Alterations that are Exempt from Review), shall receive a certificate of no effect or a certificate of appropriateness from applicable review authority prior to the commencement of any work.

The zoning administrator can issue a certificate of appropriateness if it is determined that demolition, removal, or substantial alteration of a historic resource is immediately necessary to protect the public health, safety, or welfare.

5.

Criteria and Procedure for Issuance of a Certificate of No Effect.

a.

Findings. The zoning administrator shall issue a certificate of no effect if all of the following findings are made:

i.

The work is minor and clearly meets applicable city design guidelines and the Secretary of the Interior's Standards for Rehabilitation; and

ii.

The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and

iii.

The project is exempt from environmental review pursuant to the state CEQA guidelines.

b.

Eligibility. If the zoning administrator determines that the proposed work is not eligible for a certificate of no effect, then the applicant shall apply for and obtain a certificate of appropriateness.

c.

Expiration. The certificate of no effect shall expire one year from the date of issuance unless work is started within that time. No changes shall be made to the approved plans for which a certificate of no effect was issued without resubmitting to the zoning administrator for approval of the changes.

6.

Criteria and Procedure for Issuance of a Certificate of Appropriateness.

a.

Findings. The review authority shall issue a certificate of appropriateness if all the following findings are made:

i.

The proposed work will not diminish, eliminate or adversely affect the character of the historic resource; and

ii.

The proposed work is found to be consistent with applicable design guidelines adopted by the city council. In the absence of applicable design guidelines, the proposed work is found to be consistent with the Secretary of the Interior's Standards for Rehabilitation; and

iii.

The project will not cause a significant adverse effect as defined in the state CEQA guidelines.

b.

Procedure. The review authority shall conduct a public hearing and shall make findings to approve, deny, approve with conditions, or continue the application with specific direction for additional information needed to make a recommendation or decision.

c.

Expiration. A certificate of appropriateness shall expire twelve months from the date of issuance unless work is started within that time or a time extension application has been received with applicable fee. No changes shall be made to the approved plans after the issuance of a certificate of appropriateness without resubmittal and determination of the necessary approval process for the proposed changes.

d.

Process for Revocation of Certificate of Appropriateness. Revocation proceedings may be initiated upon a motion by the zoning administrator, planning commission, or city council. Once revocation proceedings have been initiated, all work being done in reliance upon such certificate or associated permits shall be immediately suspended until a final determination is made regarding the revocation. The decision to revoke a certificate of appropriateness shall be made by the review authority which approved the certificate following a noticed public hearing. A certificate of appropriateness may be revoked or modified for any of the following reasons:

i.

Noncompliance with any terms or conditions of the certificate of appropriateness;

ii.

Noncompliance with any provisions of this chapter; or

iii.

A finding of fraud or misrepresentation used in the process of obtaining the certificate.

B.

Demolition of Designated Historic Resources.

1.

Approval Process for the Demolition of Designated Historic Resources. No person shall demolish any building or structure until a permit has been issued by the building official in accordance with the provisions set forth in Municipal Code Chapter 17.16 (Demolition of Buildings and Structures).

Upon receipt of an application for a permit to demolish a building or structure, the building official shall forward the application to the zoning administrator, who shall determine if the building or structure is a designated historic resource.

2.

Process for Issuance of a Demolition Permit for a Designated Historic Resource. If the zoning administrator determines that the building or structure proposed for demolition is a designated historic resource, the planning commission shall make a recommendation to the city council, who will make the final determination per the procedures outlined in Municipal Code Section 17.16.050 (Processing Procedures) after conducting a public hearing.

The city council may require a one-hundred-eighty-day continuance for consideration of the demolition permit request with an option to extend the continuance for an additional one-hundred-eighty-day period should that become necessary. The purpose of the continuance, and the possible extension, is to provide adequate time to investigate alternatives to demolition.

The building or structure shall not be demolished unless the city council, with a recommendation from the planning commission, makes one or more of the following findings:

a.

There is no feasible alternative to demolition.

b.

There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other city, state or federal law;

c.

That the demolition or relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the general plan, and the demolition of the structure will not have a significant effect on the achievement of the purposes of this division or the potential effect is outweighed by the benefits of the new project;

d.

In the case of an application for a permit to relocate, that the structure may be moved without destroying its historic or architectural integrity and importance; or

e.

That the demolition or relocation of the structure is necessary to protect or to promote the health, safety or welfare of the citizens of the city, including the need to eliminate or avoid blight or nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

In addition to any other incentive of federal or state law, owners of properties designated as historic resources or contributors to historic districts may apply for the following:

A.

Use of the California Historic Building Code. Whenever applicable, the property owner may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a designated historic resource.

B.

Parking Requirement Reduction. Addition of floor area to a building designated as a historic resource or a contributor to a historic district of up to twenty-five percent shall be exempt from the city's standard parking requirements if such addition is determined by the review authority to preserve or enhance the historical features of the building, consistent with Paragraph 21.62.080(A)5. (Criteria and Procedure for Issuance of a Certificate of No Effect) and Paragraph 21.62.080(A)6. (Criteria and Procedure for Issues of a Certificate of Appropriateness).

C.

Change of Use. The city will encourage compatible adaptive reuse of historic properties.

D.

Technical Assistance. The city will provide technical advice and assistance to owners of historic resources regarding grants, and state and federal preservation incentives for historic resources.

E.

Mills Act Historic Property Contracts. The city will implement California Government Code Sections 50280—50290, allowing the approval of historic property contracts by establishing a uniform procedure for the owners of qualified historic properties within the city to enter into contracts with the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Purpose. The purpose of this section is to preserve, protect, and perpetuate the elements of the historic fabric unique to designated historic resources and contributors to historic districts, and to prevent the need for demolition or destruction due to neglect of important resources in the city's history.

B.

Maintenance Requirements.

1.

Designated historic resources and contributors to historic districts shall be maintained in good repair.

2.

Designated historic resources and contributors to historic districts shall be maintained in watertight condition to preclude decay problems caused by water. Deteriorated, insufficient, or ineffective waterproofing of exterior walls, roofs, foundations, floors, windows, or doors shall be promptly addressed to prevent further decay, deterioration, or possibility of injury to the public and/or the property.

3.

The façade shall be properly maintained through repair, paint, or any necessary treatment, so as to prevent decay, water or moisture intrusion, damage to the structure, and/or injury to the public. Defective or insufficient weather protection for exterior treatments and facades, including lack of paint or protective covering shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, and possibility of injury to members of the public and/or property.

4.

Roof, foundation, and structure shall be maintained through proper treatment and repair to prevent decay, demolition by neglect, loss of historic materials and features, damage to the structure, and/or injury to the public. Defective materials or deterioration which may cause any or all portions of roofs, foundations, walls, or other structural members to deteriorate shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

5.

Buildings elements such as cornices, chimneys, etc. shall be properly maintained to prevent decay, demolition by neglect, loss of historic fabric, and possibility of injury. Deteriorated or defective building elements shall be promptly addressed, and repaired or stabilized to prevent further decay, deterioration, loss of historic fabric, and possibility of injury to members of the public and/or property.

C.

Penalty for Demolition without a Demolition Permit. If a designated historic resource is demolished without a demolition permit as required by this chapter, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period of three years.

D.

Procedure for Applying Penalties.

1.

For purposes of this section, the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition. The owner shall have the burden of proving a different date if one is claimed.

2.

The zoning administrator shall provide notice by certified mail of the applicability of this section to the property owner and any other person known to have an interest in the property as soon as practicable after having knowledge that the provisions of this section are applicable to the subject property. The date the city first had actual knowledge of the demolition shall be stated in the notice.

3.

The zoning administrator's decision may be appealed pursuant to Chapter 21.25 (Appeals and Calls for Review).

4.

The review authority may grant relief from the requirements of this section if the following findings are made:

a.

The violation of this section did not involve a historic resource, either individually or as a contributor to a district; or

b.

New construction serves an overriding public benefit and will not be detrimental or injurious to property or improvements in the vicinity of the project site, or to the public health, safety, or general welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The purpose of this chapter is to allow and encourage through a city registration process the establishment and maintenance of' original art murals on private buildings on a content-neutral basis on certain terms and conditions that assure placement and maintenance of such artwork serves the community's long-term industry and aesthetic interests without placing financial burden on the city and/or community.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

City Art Mural Policy for Private Buildings. The director is authorized to implement and administer a city art mural policy for private buildings, as adopted by the city council by resolution, which establishes requirements for murals on private buildings including but not limited to the following: a neighborhood involvement process, design standards, height and size limitations, and safety requirements. The policy shall also require the applicant to advise the mural artist(s) in writing of the artist's rights pursuant to California law and federal law, including but not limited to California Civil Code Section 987, the California Art Preservation Act ("CAPA"), and the Visual Artist's Rights Act of 1990 ("VARA") as codified within the Copyright Act of 1976, 17 United States Code (U.S.C.) Section 101 et seq., as these acts may be amended from time to time.

B.

Original Art Mural on Private Building.

1.

Allowed Original Art Murals. An application that meets all the following criteria, and which is not otherwise prohibited by this chapter, will be allowed:

a.

Submission of a complete original art mural application, submitted on forms furnished by the director;

b.

Compliance with all the requirements of the original art mural policy for private buildings referred to in Subsection 21.63.020(A) (City Art Mural Policy for Private Buildings), above, and all requirements of this zoning code;

c.

Certification that the mural will remain in place, without alteration, for a minimum period of five years, except in limited circumstances as may be specified in an original mural art on private buildings policy, and further that the applicant agrees to maintain the mural in place in good condition during the life of the original mural art;

d.

Location of the mural within the Uptown/Town Center Specific Plan area adopted by the city council, as it may be amended from time to time; and

e.

Payment of any registration fee required by this chapter or the art mural policy for private buildings.

2.

Prohibited Original Art Murals. The following original art murals are prohibited:

a.

Murals on residential buildings with fewer than five dwelling units;

b.

Murals in or on a public right-of-way;

c.

Murals on buildings regulated by Chapter 21.62 (Historic Preservation) unless a certificate of appropriateness (Paragraph 21.62.080(A)6.) has been approved by the city council;

d.

Murals for which compensation is given or received for the display of the mural or for the right to place the mural on another's property. The applicant shall certify in the permit application that no compensation will be given or received for the display of the mural or the right to place the mural on the property; and

e.

Murals which would result in a property becoming out of compliance with the provisions of this title or land use conditions of approval for the development on which the mural is to be located.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Community Meeting Required. Applicants seeking to register an original art mural with the city shall conduct a noticed community meeting on the mural proposal at which time interested members of the public may review and comment upon it.

B.

Mailed Notice. Postmarked at least ten calendar days before the date of the community meeting, the zoning administrator shall provide notice by First Class mail delivery to:

1.

The applicant for the proposal in question and the owner of the subject property; and

2.

The owners and occupants of all real property within three hundred feet of the site of the proposal in question;

C.

Community Meeting Complete. No original art mural registration certificate shall be issued until the applicant certifies that he or she has completed the required neighborhood involvement process. This is a process requirement only and an original art mural registration certificate will not be granted or denied based upon the content of the mural.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Vintage Art Mural Registration. Murals created prior to October 2, 2018 and which received approval through a city-approved process that offered an opportunity for public input may be registered as a vintage original art mural, subject to completing a vintage original art mural application and paying a registration fee, if applicable.

B.

Art Mural Registration Fee. The city council may adopt a resolution authorizing a fee to register with the city an original or vintage art mural. Such fees shall not exceed the actual costs of administration of the original and vintage art mural registration process.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An unregistered mural is considered an illegal sign and will be enforced in accordance with this zoning code. Further, city registration of an original art mural or vintage art mural does not exempt the applicant and/or building owner from complying with any other applicable requirements of the Paso Robles Municipal Code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The purpose of this chapter is to document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any short-term rental use within the city.

B.

The city council hereby finds that unregulated transient occupancy uses in residential and nonresidential zoning districts present a threat to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located.

C.

The city council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to short-term rental permits is necessary to protect the public health, safety and welfare. The purpose of this chapter is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts to surrounding neighbors of transient uses in residential neighborhoods and zoning districts, such as traffic congestion, street parking, and noise, and to ensure the health, safety, and welfare of renters and guests patronizing short-term rentals.

D.

The provisions of this chapter will also benefit the public welfare by providing an additional source of revenue to the city, as operators of short-term rentals are required to pay transient occupancy tax to the city, which will offset some of the additional costs of providing services to the renters.

E.

The city council hereby finds that the city's regulation of short-term rental uses in accordance with this chapter is a valid exercise of the city's police power in furtherance of the legitimate governmental interests documented in this chapter.

F.

The city council hereby finds that short-term rentals are an allowable accessory use to legally permitted, existing residential dwellings within all zoning districts subject to the regulations of this code section, applicable council resolutions, and other sections of this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The following terms, as used in this chapter, shall have the meanings prescribed.

"Applicant" means any person, firm, partnership, association, joint venture, corporation, or an entity, combination of entities or consortium, who seeks or seek approval of a short-term rental permit under the authority of this chapter.

"Authorized agent" means the person specifically authorized by an owner, in writing, to represent and act on behalf of the owner and to act as an operator, manager and contact person of a non-hosted accommodation, and, along with the owner, to provide and receive any notices identified in this chapter on behalf of the owner.

"Bed and breakfast". See Section 21.91.030 ("B" Definitions).

"Bedroom" means any habitable room with no less than seventy square feet of floor area and no dimension less than seven feet, in a dwelling, with at least one wall located along an exterior wall with a window that can be used for emergency egress, and equipped with ventilation, heating, smoke detector and carbon monoxide detector. Egress window requirements shall be based on the California Building Code requirements at the time of original construction of the room.

"Director" means the director of community development of the city, or a designee of the community development director or city manager.

"Enforcement officer" means the director, chief building official, fire marshal, city manager, or any other city employee designated by the director or city manager to enforce this chapter.

"Good neighbor brochure" means a handbook prepared by the city regarding the general rules of conduct to be followed by renters and applicable provisions of this code.

"Guest" means an invitee of a renter or other person visiting a renter of a short-term rental unit who does not rent the unit.

"Homeshare" means a short-term rental structure in which the owner both resides and remains during the time a renter is occupying the short-term rental unit. This can include an accessory dwelling unit (ADU) located on the same parcel as with the primary residence occupied by the owner. As a homeshare, the owner may be absent from the property during the time a renter is occupying the short-term rental unit for a maximum of thirty days within any calendar year, only if an authorized agent has been designated and provided to the city to respond to complaints as required in Section 21.64.050 (Short-Term Rental Hotline).

"Hotline" means the telephonic service maintained by the city for the purpose of receiving complaints regarding the operation of any short-term rental.

"Hotline contact" means the person designated on the permit who shall be available by telephone twenty-four hours a day, seven days a week during the entire time a short-term rental property is occupied by a renter.

"Non-hosted accommodation" means a short-term rental structure that is not occupied by either the owner or an authorized agent while it is being occupied by a renter. A non-hosted accommodation permit may operate as a homeshare, but not the converse.

"Owner" means the person or entity holding fee title to the real property that is the subject of a short-term rental permit.

"Permit" means the permit issued by the city, in accordance with the procedures set forth in this chapter, allowing an owner or authorized agent to rent a short-term rental unit at the specified location.

"Permittee" means the person or entity to whom a permit is issued pursuant to this chapter.

"Renter" means a person, not an owner or authorized agent, renting or occupying a short-term rental property for fewer than twenty-eight days in accordance with the terms of this chapter. For purposes of Chapter 3.26 (Transient Occupancy Tax), "renter" shall have the same meaning as "transient," as defined in Section 3.26.020 (Definitions).

"Short-term rental" means any habitable structure constructed for residential occupancy under the California Building Code for which a rental contract for occupancy has been made for a term of twenty-seven days or fewer and which the short-term rental use is permitted to operate, pursuant to a current and valid permit on file with the city. Short-term rentals include both homeshares and non-hosted accommodations.

"Zoning administrator" means the community development director of the city, or a designee of the community development director or city manager.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

No owner may operate, or allow a subject property to be operated, as a short-term rental unless and until it has been issued:

1.

A permit issued by the city in accordance with Chapter 21.64 (Short-Term Rentals).

2.

A Business license tax certificate, pursuant to Chapter 3.28 (Business License Tax) of this code. Together, the owner and owner's authorized agent shall be responsible for applying for and for renewing the business license tax certificate and the permit.

B.

All short-term rental permits shall be consistent with Table 21.64.030-1 (Short-Term Rental Permitting Table) and Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement).

Table 21.64.030-1: Short-Term Rental Permitting Table

C.

No short-term rental permit for a non-hosted accommodation shall be issued in conflict with Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement), except for:

1.

Permit applicants in possession of a valid short-term rental business license, with an application submitted date on or before July 16, 2019 shall be exempt from the numeric requirements for purposes of permit issuance.

2.

Homeshare permits are not subject to the separation requirement.

Table 21.64.030-2: Non-Hosted Accommodation Separation Requirement

D.

The application form for a permit shall be available from the community development department. A separate permit application is required for each rental address or individual rental unit. The owner (for a homeshare permit) or the owner and registered authorized agent (for a non-hosted accommodation permit) shall be required to provide, maintain, and keep current the following information on the permit application:

1.

Name and contact information (including home/business telephone numbers, mobile phone numbers, email address, and permanent mailing address) of the owner and authorized agent, if any, of the short-term rental property.

2.

Identification of whether the short-term rental is a homeshare and/or non-hosted accommodation.

3.

Address of the short-term rental property.

4.

Floor plan (to scale) showing all interior rooms and location of each bedroom with number of beds (including sofa beds or hide-a-beds) to be rented as part of the short-term rental and approximate square footage in the short-term rental property, and the maximum number of overnight renters, subject to the limitations set forth in Subsection 21.64.030(E) (Permit Application Process) below.

5.

Site plan showing entire property on which short-term rental unit is located, including the power panel disconnect, house water main valve, number and location of designated on-site parking spaces available (including garage parking) for use by renter(s), and storage location of trash containers and scheduled day for trash pickup.

6.

Evidence satisfactory to the city that each bedroom meets all local building and safety code requirements.

7.

Acknowledgement that the owner, and the authorized agent, if any, has read all regulations pertaining to the operation of a short-term rental, including this chapter, the city's business license tax requirements (Chapter 3.28), the city's transient occupancy tax requirements (Chapter 3.26), City Council Resolution 17-082 creating the Paso Robles Tourism Improvement District and agreement to pay the required assessments thereunder, the San Luis Obispo County Visitors and Conference Bureau (dba Visit SLO CAL) and agreement to pay the required assessments thereunder, and to comply with any additional administrative regulations promulgated by the director to implement this chapter.

8.

The name and all forms of contact information of the registered contact person (who may be the owner or the authorized agent, if any) who shall be available by telephone twenty-four hours a day, seven days a week, and who shall be able to respond within thirty minutes of receipt of a complaint while the short-term rental property is occupied by a renter.

9.

Any other information as the director deems reasonably necessary to administer this chapter.

10.

Acknowledgement and agreement that any and all use of the property for short-term rental shall cease upon transfer of the property, expiration of the permit, or revocation of the permit, pursuant to Section 21.64.060 (Enforcement).

11.

Agreement to hold harmless, indemnify, and defend the city against any claims or litigation arising from the issuance or revocation of the permit.

12.

Agreement to pay any costs to enforce the conditions of the permit, including, but not limited to any city authority response to verified nuisance complaints, or inspections of the short-term rental property.

13.

Certification under penalty of perjury as to the accuracy of the information provided on the permit application and agreement to comply with all conditions of the permit and this chapter.

E.

Permit Application Process.

1.

Processing Fee. The city council, by resolution, shall specify from time to time, in its master fee schedule, the amount of the permit application and processing fee, based upon the city's reasonable estimated costs for processing and reviewing the permit application materials and maintaining the hotline. The permit application and processing fee shall be non-refundable.

2.

Numeric Limits on the Processing and Issuance of Short-Term Rental Permits. The city council, by resolution, may adopt procedures to implement permit issuance, including the establishment of application periods, waitlists, and/or grace periods for applicants already in possession of valid short-term rental business licenses, and may limit the total number of short-term rental permits available for issuance.

3.

Review. Upon review of the materials submitted with the permit application, the director shall determine whether a permit will be issued or the application is incomplete and notify the applicant within sixty days. If the director determines that the permit may be issued upon compliance with certain conditions, the director shall notify the applicant in writing of the nature of the conditions that shall be satisfied in order to receive a permit. If the director determines that the permit should be denied, the director shall notify the applicant in writing of the reasons for the denial. The decision of the director may be appealed to the planning commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

4.

Permit Renewal. No earlier than twelve months and at least sixty days prior to the expiration of a permit, the owner and the authorized agent, if any, of a short-term rental shall submit an application to renew the permit on a form available from the city, along with a renewal fee in an amount to be established by resolution of the city council in the city's master fee schedule. the owner or authorized agent shall identify any notice of violation or concern (including any compliance or citation issued by the city) issued for the short-term rental use during the permit term and shall document how the violation or concern has been addressed. If the director determines that any past violation or concern has not been adequately addressed, or that a history of past violations is detrimental to the public health, safety, or welfare, the director may determine that the permit is ineligible for renewal for a period of twelve months. The applicant or any interested person may appeal the decision of the director to the planning commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

5.

Permit Transfer Prohibited. No permittee shall transfer, or attempt to transfer, a permit to any other person.

6.

Exceptions: Short-term rental permits may be transferred to a new owner in the TC-1 and TC-2 zoning districts (uptown/town center specific plan) and any other "T" zoning districts.

F.

Permit Conditions. Each permit issued pursuant to this chapter shall be subject to all of the following conditions:

1.

The term of each permit issued pursuant to this chapter shall be for three years. Upon the expiration or lapse of any permit, it shall be of no further force or effect.

2.

A copy of the permit and good neighbor brochure shall be posted in a prominent location inside the short-term rental unit.

3.

The permittee shall require any renter to sign an agreement acknowledging receipt of the good neighbor brochure and agreement to comply with its terms. If the rental is through a third party hosted on-line platform, the permittee shall require the third party to provide an on-line link to the good neighbor brochure and a mechanism by which a renter shall provide an acknowledgement of receipt of the good neighbor brochure and agreement to comply with its terms.

4.

The permittee shall require renters to utilize the designated on-site parking spaces, to the maximum extent possible.

5.

The permittee shall limit:

a.

Parking on public streets;

b.

Overnight occupancy; and

c.

Daytime guests of the short-term rental property to the numbers specified in the following table:

_____

Table 21.64.030-3: Short-Term Rental Parking and Occupancy Limits

Exceptions to Table 21.64.030-3 (Short-Term Rental Parking and Occupancy Limits):

i.

The director may approve exceptions to the parking requirements for short-term rentals with existing, nonconforming on-site parking deficiencies in all zoning districts.

ii.

Children two years of age and under are not counted as occupants.

6.

The permittee shall provide access to the garage of the short-term rental if the garage has been included in the determination of the number of available on-site parking spaces.

7.

It is the intent of the city to enforce sections of the Streets and Highways Code related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver's presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency vehicle access area.

8.

The permittee shall provide appropriate refuse and recycling service for the short-term rental property. Property shall be free of debris both onsite and in the street. Refuse and recycling cans shall be maintained in a clean and sanitary condition, stored in the approved onsite location, moved to the pickup location no more than twenty-four hours prior to trash pickup, and returned to storage no more than twenty-four hours after pickup.

9.

The permittee shall post in a conspicuous interior location near the entry door, an informational sign for renters with important notices, rules, and regulations; immediate contact information for owner/agent, police, and emergency services; hotline telephone number; emergency procedures; site address; maximum allowed number of permitted overnight renters, daytime occupants, and vehicles; neighborhood quiet time regulations; and trash pickup instructions and trash pickup days.

10.

The permittee shall ensure that the renters and/or guests of the short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code, including but not limited to any city noise regulations including Chapter 9.07 (Prohibited Conduct).

11.

The permittee shall, upon notification that renters and/or guests of the short-term rental property have violated any permit conditions (including any unreasonable noise or disturbances, disorderly conduct, or violations of this code or state law), promptly act to stop the violator(s) and prevent a recurrence of the violation, provided, however, that the city does not intend to authorize, and the city does not authorize, the permittee to act as a peace officer or place himself or herself in harm's way.

12.

The permittee shall not allow the short-term rental property to be used for any gathering where the number of persons will exceed the permitted daytime occupancy limits, as set forth in this section, unless an approved city use permit for a special event has been obtained.

13.

The owner or authorized agent shall be available to respond to any nuisance complaints within thirty minutes, at all times when the short-term rental is rented, twenty-four hours a day.

14.

The permittee shall allow the city, upon twenty-four-hour notice from the city, to inspect, with cause, the short-term rental for compliance with the requirements of this chapter. Permittee shall pay an inspection fee in an amount set by the city council by resolution for the city's master fee schedule based on the estimated reasonable cost to perform the inspection.

15.

Within ten days of permit issuance, the owner or agent shall notify all neighbors, within one hundred feet of the perimeter of the property, that a short-term rental permit has been obtained. Notification will include a copy of the good neighbor brochure and the owner's name and phone number.

G.

Rental Agreements. The permittee shall enter into a written rental agreement with the renter of any short-term rental property, or shall enter into an agreement provided by a third party hosted on-line platform, which agreement shall, at a minimum, include the following:

1.

The name, address, mobile phone, text, and email address of the renter.

2.

The terms and conditions of the rental agreement, including occupancy limits, noise prohibitions and vehicle parking requirements.

3.

Acknowledgment by the renter that he or she is legally responsible for compliance by all occupants of the short-term rental and any guests with the conditions of this section and the terms of the rental agreement.

4.

Acknowledgment by the renter of receipt of a copy of the good neighbor brochure.

5.

Acknowledgment and agreement that the city may inspect the short-term rental property, for cause, upon twenty-four hours' notice.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The number of overnight occupants and guests for each short-term rental property shall be limited in accordance with Table 21.64.030-2 (Non-Hosted Accommodation Separation Requirement) and state law, based on the number of bedrooms identified in the short-term rental permit.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The city shall establish and maintain a non-emergency hotline telephone number for the express purpose of receiving complaints regarding the operation of any short-term rental property, and forwarding those complaints to both the owner and authorized agent, if any, for that short-term rental property for immediate resolution of the complaint, and/or, if necessary, to the Paso Robles Police Department if the complaint has not been resolved. Owner/authorized agent will be responsible for paying any and all city costs incurred in response to the complaint. The hotline number and the city complaint policy shall be included in all permits, the good neighbor brochure, and in all rental agreements for all short-term rental properties. In addition, the city shall post the hotline number on the city website.

B.

The city/hotline shall maintain a record of complaints received on the hotline that shall include the following information:

1.

Date and time of complaint;

2.

Nature of complaint;

3.

Address of the short-term rental property that is the subject of the complaint;

4.

Complainant's name, address, and contact information;

5.

Actions taken by the hotline attendant in response to the complaint including, but not limited to: persons contacted, including law enforcement, if applicable, and date and time of actions taken in response to complaint; and

6.

Corrective action taken by owner/authorized agent in response to complaint.

C.

Hotline Response.

1.

The owner or authorized agent shall resolve the complaint within thirty minutes of being notified of a complaint by the hotline.

2.

The owner or authorized agent shall notify the hotline attendant of the corrective action taken and results obtained within thirty minutes of being notified of a complaint by the hotline.

3.

If the owner or authorized agent believes the situation is unsafe, they shall immediately contact the police department for assistance. Proactively contacting the police department for assistance will not be counted as a permit violation.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Revocation of Permit. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. At any time during the term of permit, the director is authorized to initiate proceedings to revoke a permit (or pursue any other remedy set forth in Title 1 (General Provisions) of this code), if the director determines in his or her discretion that:

1.

The permittee provided materially false or misleading information in any submittal required under this chapter; or

2.

The permittee has committed a total of three violations of a combination of any of the violations specified in Subsection 21.64.060(B) (Cause for Revocation for Non-Renewal of a Permit) below within a twelve-month period; or

3.

The permittee fails to maintain an active business license tax certificate per Chapter 3.28.

In the event the zoning administrator determines that any of the conditions described above exists, the director is authorized to issue an order specifying the violations to be cured. If the permittee fails to cure the violations identified in the order within the time period specified, the director may pursue any of the remedies set forth in Title 1 of the Paso Robles Municipal Code, including but not limited to the issuance of administrative citations, revocation of permit, criminal prosecution, and/or civil action. The city council may, by resolution, establish escalating administrative fines for violations of this chapter. The applicant or any interested person may appeal the decision of the zoning administrator to the planning commission pursuant to the procedures set forth in Chapter 21.25 (Appeals and Calls for Review).

B.

Cause for Revocation or Non-Renewal of a Permit.

1.

Failure to remit required fees and taxes.

2.

Attempt to transfer the permit to another owner.

3.

Operation for other than the specific purpose of the property as a short-term rental including, but not limited to:

a.

Criminal activity, habitual public nuisance, or serial violation of the ordinance take place at, on, or with respect to the short-term rental property.

b.

Keeping of a disorderly place; that is, the ownership and/or management of any property purported to be a short-term rental where unlawful practices regularly occur will result in the loss of the short-term rental permit.

4.

Operation of the property for other than the specific purpose of a short-term rental including but not limited to allowing or taking part in dealing of controlled substances, gambling, pandering, or prostitution, or sub-letting for such illegal use or uses.

5.

Keeping of a disorderly place, defined as one or more criminal complaints verified within a twelve-month period or two or more complaints requiring law enforcement response, also within twelve-month period.

6.

The property constitutes a public nuisance pursuant to Section 9.06.030 (Nuisances) of this code. In addition to any other remedy allowed by law, the city may enforce the provisions of this chapter through the provisions Chapter 9.06 (Nuisance Abatement) of this code, including civil, criminal, and administrative abatement proceedings, administrative citations, and penalties.

7.

Failing to comply with regulations specified (by written notice) all related corrective measures within a thirty-day period.

8.

Advertising the short-term rental and purposely not including in the advertisement display the short-term rental permit identification.

9.

Failure to comply with the short-term rental occupancy and parking requirements.

10.

Failure to maintain solid waste and recycling consistent with short-term rental requirements.

C.

Operating Without a Permit. Operating a short-term rental without a permit is a violation of this code and any person operating a short-term rental without a permit is guilty of a misdemeanor subject to the enforcement process and a fine of not more than one thousand dollars. Each owner and/or authorized agent is guilty of a separate offense for each and every day during any portion of which the violation of this chapter or any rule or regulation promulgated there under is continued.

D.

Pursuant to California Government Code Section 38771, the city council hereby declares the following condition to constitute a public nuisance: operating and/or maintaining a short-term rental without a valid permit.

E.

The penalties in this chapter are in addition to, and not in lieu of, any other available remedy at law. All remedies prescribed under this chapter shall be cumulative and the election of one or more remedies shall not bar the city from the pursuit of any other remedy for the purpose of enforcing the provisions hereof or in the abatement of any public nuisance.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

The purpose of this section is to allow and appropriately regulate urban dwelling units in accordance with California Government Code Section 65852.21.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An "urban dwelling unit" means the definition listed in Section 21.91.220 ("U" Definitions).

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Only individual property owners may apply for an urban dwelling unit. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by California Revenue and Tax Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).

B.

An application for an urban dwelling unit shall be submitted on the city's approved form and shall include information showing compliance with the applicable standards contained within this code.

C.

When determined necessary by the zoning administrator, the applicant shall obtain a certificate of compliance for the lot in conformance with the Subdivision Map Act.

D.

Only a complete application will be considered. The city shall inform the applicant in writing of any incompleteness within thirty days after the application is submitted.

E.

The city may establish a fee to recover its costs for adopting, implementing, and enforcing this chapter of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee shall be paid with the application.

F.

Other sections of this code are applicable to the extent they:

1.

Are objective;

2.

Avoid physically precluding a primary dwelling unit and urban dwelling unit least eight hundred square feet in floor area each; and

3.

Do not conflict with Chapter 21.65 (Urban Dwelling Units).

G.

In the event of a conflict, the provisions of Chapter 21.65 (Urban Dwelling Units) control.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

An application for an urban dwelling unit shall be approved or denied ministerially, by the zoning administrator, without discretionary review. Requirements for urban dwelling units may not be modified with an applications for site plan modifications (Section 21.17.020) or development plan modifications (Section 21.16.020).

B.

The ministerial approval of an urban dwelling unit shall not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

C.

The approval shall require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

D.

The approval shall require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

An urban dwelling unit project shall satisfy each of the following requirements:

A.

Map Act Compliance. The lot shall have been legally subdivided.

B.

Zoning District. Urban dwelling units are allowed in the R-1 zoning district.

C.

Lot Location.

1.

The lot shall not be located on a site that is any of the following described by any of the subparagraphs of California Government Code Section 65913.4(a)(6)(B)—(K), as may be amended from time to time:

a.

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

b.

A wetland.

c.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

d.

A hazardous waste site that has not been cleared for residential use.

e.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

f.

Within a one-hundred-year flood hazard area, unless the site either:

i.

Has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

ii.

Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program and Chapter 21.80 (Floodplain Management) of this code.

g.

Within a regulatory floodway, unless all development on the site has received a no-rise certification and is in compliance with city's floodplain ordinance (Chapter 21.80).

h.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

i.

Habitat for protected species.

j.

Land under conservation easement.

D.

Not Historic. The parcel shall not contain a structure listed on the city's historic resources inventory, be a historic property, or be within a historic district that is included on the state historic resources inventory. Nor may the parcel be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

E.

No Impact on Protected Housing. The urban dwelling unit project shall not require or include the demolition or alteration of any of the following types of housing:

1.

Housing that is income-restricted for households of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.

3.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (California Government Code Sections 7060—7060.7) at any time in the fifteen years prior to submission of the urban lot split application.

4.

Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban dwelling unit is sought shall provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

F.

Unit Standards.

1.

Quantity.

a.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split (Chapter 22.34). For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, an ADU, or a JADU.

b.

A lot that is not created by an urban lot split may have a primary dwelling unit, urban dwelling unit, plus any ADU or JADU that is allowed under state law and Chapter 21.58 (Accessory Dwelling Units).

2.

Unit Size.

a.

The total floor area of an urban dwelling unit that is developed under this chapter shall be a minimum of eight hundred square feet of conditioned living space.

b.

No application of a development standard shall physically preclude the construction of up to two eight-hundred-square foot units on the lot. When necessary, development standards shall be modified by the zoning administrator in the following order and only as necessary to enable the construction of two eight-hundred-square-foot units:

i.

Maximum lot coverage (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

ii.

Structure separation (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]);

iii.

Open space;

iv.

Height;

v.

Rear and side setbacks;

vi.

Front setback;

vii.

Oak tree preservation (Chapter 10.01).

3.

Height and Setback Restrictions.

a.

Existing structures. No setback is required for an existing legally established structure that is converted into an urban dwelling unit or for a new urban dwelling unit that is constructed in the same location and to the same dimensions as an existing legally established structure.

b.

Urban dwelling units shall conform to the front setback for a primary dwelling unit in the applicable zoning district (see Table 21.33.030-1 [Development Standards for R-A, R-1 and R-1 Combining Districts]).

c.

Urban dwelling units shall be limited to the side and rear setback and height combinations listed in Table 21.65.050-1 (Allowed Urban Dwelling Unit Height/Setback Combinations).

Table 21.65.050-1: Allowed Urban Dwelling Unit Side and Rear Setback/Height Combinations

d.

No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a urban dwelling unit.

4.

Demolition Cap. The urban dwelling unit project may not involve the demolition of more than twenty-five percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

5.

Open Space. All lots shall provide a usable, unobstructed natural or manufactured (graded) area ten feet in depth for each dwelling unit. "Usable" means that the slope is not more than five percent. Where a residential building is designed to be built into existing natural slopes, this requirement may be met by providing either a five-foot-wide usable manufactured area no less than the full width of a dwelling unit, or a deck a minimum of ten feet in depth and no less than the full width of a dwelling unit.

6.

Parking. Each new primary dwelling unit or urban dwelling unit shall have at least one covered, off-street parking space per unit unless a parking space shall not be imposed by the city pursuant to California Government Code Section 66314(d)(10).

7.

Architecture.

a.

If there is a legal primary dwelling on the lot that was established before the urban dwelling unit, the urban dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b.

If there is no legal primary dwelling on the lot before the urban dwelling unit, the primary dwelling unit and urban dwelling unit shall match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c.

The urban dwelling unit and any primary dwelling unit built at the same time as the urban dwelling unit shall use at least five of the following architectural features on all front and any street side elevations and at least three of the following architectural features on all interior side and rear yard elevations, as appropriate for the building type and style:

i.

Dormers;

ii.

Gables;

iii.

Recessed entries;

iv.

Covered porch entries;

v.

Cupolas or towers;

vi.

Pillars or posts;

vii.

Eaves (minimum six-inch projection);

viii.

Off-sets in building face or roof (minimum sixteen inches);

ix.

Window trim;

x.

Bay or oriel windows;

xi.

Balconies;

xii.

Decorative patterns on exterior finishes (for instance, scales/shingles, wainscoting, ornamentation, and similar features); and

xiii.

Decorative cornices and roof lines.

d.

All exterior lighting shall be limited to down-lights that are shielded so that the light source is not visible from off-site. Shielding shall be at least two inches in dimension.

e.

No window or glass door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential window within ten feet. Fencing, landscaping, or privacy glass (such as frosted glass) may be used to provide screening and prevent a direct line of sight.

8.

Nonconforming Conditions. An urban dwelling unit may only be approved if all nonconforming zoning conditions are corrected.

9.

Frontage Improvements. Frontage improvements for an urban dwelling unit shall be required to the extent applicable and consistent with state law and in conformance with Section 11.12.030 (Required Frontage Improvements—Curb, Gutter, Sidewalk, Curb Ramps, Driveway Aprons, Street and Alley Paving). Frontage improvements shall be constructed, prior to final occupancy of the first dwelling unit (primary or urban dwelling unit) constructed after application for an urban dwelling unit.

10.

Utilities.

a.

Each primary dwelling unit and urban dwelling unit on the lot shall have its own direct utility connection to each utility service provider.

b.

Urban dwelling units shall be served by the city sewer system when reasonably available as specified in Section 14.08.270 (Permit for Septic System). For urban dwelling units where the sewer is not available, a private wastewater system shall meet the requirements of Article III (Private Wastewater Systems) of Chapter 14.08 (Sewerage System Operations) and the onsite wastewater treatment system (OWTS) Policy of the California Regional Water Quality Control Board. A percolation test shall be completed within the last five years or, if the percolation test has been recertified by a licensed civil engineer, within the last ten years.

c.

Urban dwelling units shall be served by city water.

d.

Building and Safety. All structures built on the lot shall comply with all current local building standards. A project under this chapter is a change of use and subjects the whole of the lot, and all structures, to the city's current code.

11.

Slope. Urban dwelling units are subject to the objective standards for hillside development (Chapter 21.81).

G.

Fire-Hazard Mitigation Measures.

1.

All dwellings on the site must comply with current building and fire code requirements for dwellings in a very high fire hazard severity zone.

2.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart. The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the city's costs for inspection. Failure to pay is grounds for denying the application.

H.

Separate Conveyance.

1.

The dwelling units on the lot may not be owned or conveyed separately from each other.

2.

Condominium airspace divisions and common interest developments are not permitted within the lot.

3.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

I.

Regulation of Uses.

1.

Residential-Only. No nonresidential use is permitted on the lot.

2.

No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than thirty days.

3.

Owner Occupancy. Unless the lot was formed by an urban lot split (Chapter 22.34), the individual property owners of a lot with an urban dwelling unit shall occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

J.

Notice of Construction.

1.

At least thirty business days before starting any construction of an urban dwelling unit, the property owner shall give written notice to all the tenants and owners of record of each of the adjacent residential parcels, which notice shall include the following information:

a.

Notice that construction has been authorized,

b.

The anticipated start and end dates for construction,

c.

The allowed hours of construction,

d.

Contact information for the project manager (for construction-related complaints),

e.

Contact information for the property owner, and

f.

Contact information for the community development department.

2.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the city has no discretion in approving or denying a particular project under this chapter. This notice requirement is purely to promote neighborhood awareness and expectation.

K.

Deed Restriction. The owner shall record a deed restriction, acceptable to the city, that does each of the following:

1.

Expressly prohibits any rental of any dwelling on the property for a period of less than thirty days.

2.

Expressly prohibits any nonresidential use of the lot.

3.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

4.

If the lot is not created by an urban lot split (Chapter 22.34): expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

5.

States that:

a.

If the lot is formed by an urban lot split it is subject to the city's urban lot split (Chapter 22.34) regulations, including all applicable limits on dwelling size and development standards.

b.

Development on the lot is limited to development of a primary dwelling unit (Sections 21.33.030 [Development Standards in Single-Family Residential Zoning Districts and 21.33.040 [Additional Development Standards in Single-Family Residential Zoning Districts), urban dwelling unit (Chapter 21.65), and accessory dwelling units (Chapter 21.58) except as otherwise provided or required by state law.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Notwithstanding anything else in this section, the city may deny an application for an urban dwelling unit if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

B.

"Specific adverse impact" has the same meaning as in California Government Code Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include:

1.

Inconsistency with the zoning code or general plan land use designation; or

2.

The eligibility to claim a welfare exemption under California Revenue and Taxation Code Section 214(g).

C.

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

If an urban dwelling unit violates any part of this code or any other legal requirement:

A.

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

B.

The city may:

1.

Bring an action to enjoin any attempt to sell, lease, or finance the property.

2.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

3.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to ten thousand dollars, or both; or a misdemeanor.

4.

Record a notice of violation.

5.

Withhold any or all future permits and approvals.

6.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or this code.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Intent and Purpose. The purpose of this chapter is to regulate the installation, operation and maintenance of wireless communications facilities in the city while providing placement, design, and screening criteria to protect the public health, safety, general welfare, and quality of life in the city consistent with applicable federal and state requirements. Additionally, the standards in this chapter make wireless communications reasonably available while preserving the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communications facilities with their surroundings.

B.

Applicability and Exemptions. The requirements of this section apply to all wireless communications facilities, except as exempted. The following are exempt from the provisions of this chapter:

1.

Amateur Radio Antenna. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the Federal Communications Commission that does not exceed a height of fifteen feet above the maximum allowable building height of the zoning district in which it is located. For the purpose of this section, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

2.

Government Antenna. Any antenna, dish, or similar equipment owned and/or operated by any government entity.

3.

Radio or Television Antenna. Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of ten feet above the maximum allowable building height for the zoning district in which the antenna is located.

4.

Satellite Dish Antenna. Ground- or building-mounted dish antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

5.

Temporary Facility. Placement of a temporary wireless communications facility for a period of not more than thirty days following federal, state or city declaration of an emergency or disaster or as part of a city permitted or sponsored special event.

6.

Wi-Fi Routers. Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

For the purposes of this chapter, the following terms and phrases have the meaning ascribed to them in this chapter.

A.

"Co-location" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of a new wireless communications facility on an eligible support structure that is existing at the time a complete application for the new wireless communications facility is received by the city pursuant to Section 21.66.030 (Permit Requirements). As an illustration and not a limitation, the Federal Communications Commission's definition effectively means "to add" and does not necessarily refer to more than one wireless communications facility installed at a single site.

B.

"Existing wireless communications facility" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed wireless communications facility that has been reviewed and approved under the applicable zoning and permitting process or is legal nonconforming pursuant to Section 21.74.020 (Establishment of Legal Nonconforming Status).

C.

"Freestanding wireless communications facility" means a freestanding antenna support structure erected to support wireless communication facilities, associated equipment cabinets, and connecting appurtenances. This includes guyed towers, self-supporting lattice towers, monopoles, camouflage structures, replacement utility poles, and other self-supporting poles and towers accommodating wireless communication antennas.

D.

"Modification, major" and "modification, minor" mean an alteration proposed or made to an existing wireless communication facility and shall not have the same meaning as a site plan modification (Section 21.17.020) or development plan modification (Section 21.16.020).

E.

"Public right-of-way" means a public alley or street.

F.

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment. Amateur radio operators are not included in this definition.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Permitting Process.

1.

New Wireless Communications Facilities.

a.

New Wireless Communications Facilities Outside the Public Right-of-Way. A conditional use permit is required for wireless communications facilities outside of the public right-of-way. See Table 21.32-1 (Zoning District Use Regulations) for zoning districts where wireless communications facilities are permitted subject to approval of a conditional use permit pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits).

b.

New Wireless Communications Facilities in the Public Right-of-Way.

i.

An administrative use permit is required for wireless communications facilities in the public right-of-way pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits). Administrative use permit applications shall be reviewed, approved, conditionally approved, or denied by the zoning administrator in consultation with the city engineer.

ii.

Wireless communications facilities in the public right-of-way are subject to the standards in Section 21.66.040 (Development and Design Standards), Section 21.66.050 (Operation and Maintenance), and Section 21.66.060 (City Changes to the Public Right-of-Way). The applicant shall provide scaled drawings signed by a licensed professional demonstrating that any encroachments in the public right-of-way will not affect handicapped accessibility or traffic safety. Applicants shall also obtain all applicable encroachment and building approvals and permits.

2.

Alterations to Existing Wireless Communications Facilities.

a.

Major Alterations. Major alterations to an existing wireless communications facility shall be subject to the applicable permitting process required for a new wireless communications facility in Paragraph 21.66.030(A)1. (New Wireless Communications Facilities). Major alterations are those that meet one or more of the following criteria:

i.

The alteration would:

(a)

Not comply with conditions of approval in the conditional use permit or administrative use permit, provided however that this limitation does not apply to any alteration that is non-compliant only in a manner that would not exceed the thresholds identified in any of the criteria of Subsection 21.66.030(C) (Application Factors Considered - Findings of Approval).

(b)

Entail any excavation or deployment outside the existing site; or

(c)

Defeat the concealment elements of the eligible support structure.

ii.

For wireless communications facilities outside the public right-of-way, the alteration would:

(a)

Increase the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater;

(b)

Involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or

(c)

Involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets that are outside of or visible from outside of any existing equipment screening enclosure.

iii.

For wireless communications facilities in the public right-of-way the alteration would:

(a)

Increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(b)

Involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; or

(c)

Involve installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.

b.

Minor Alteration. The following are considered minor alterations to an existing wireless communications facility and shall be subject to approval of a building permit only.

i.

Decrease or do not increase capacity, including alterations such as replacing the existing antenna with a smaller antenna, installing quieter equipment, or decreasing the number of antennas.

ii.

Where a proposed wireless communications facility will be placed on a previously approved wireless communications facility and is consistent with requirements of the applicable conditional use permit, administrative use permit, or other installation permit.

iii.

Any co-location that meets the requirements of California Government Code Section 65850.6.

iv.

Alteration of an existing wireless tower or base station that does not substantially change the dimension of such tower or base station within the meaning of Public Law 112-96, Section 6409(a) and any Federal Communications Commission regulations or orders interpreting this section, including Wireless Infrastructure Order FCC 14-153 (2014). An application for a alteration pursuant to this subparagraph shall expressly request treatment under this subparagraph and shall identify, with supporting documentation, how the alteration qualifies under this subparagraph.

B.

Application Submittal Requirements.

1.

In addition to the submittal requirements for any applicable conditional use permit or an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the following information shall be provided in a manner deemed appropriate by the zoning administrator:

a.

Documentation of compliance with Federal Communications Commission regulations pertaining to radio frequency emissions, including cumulative emissions from any existing wireless communications facilities on the site and the proposed wireless communications facility;

b.

An accurate representation of the appearance and visual impact of the wireless communications facility;

c.

Pursuant to Paragraph 21.66.030(C)2., evidence of a significant gap in service (if applicable); and

d.

Documentation demonstrating compliance of the wireless communications facility with the application factors listed in Subsection 21.66.030(C) (Application Factors Considered - Findings for Approval);

2.

The applicant shall be financially responsible any third-party review of the application submittal items if deemed necessary by the zoning administrator.

C.

Application Factors Considered—Findings for Approval.

1.

In addition to the required findings for any applicable conditional use permit or an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the review authority shall make the following findings before granting approval for a wireless communications facility:

a.

The wireless communications facility complies with the design and development standards in this chapter and with the applicable zoning standards where the wireless communications facility is proposed to be located;

b.

The wireless communications facility complies with height and setback standards;

c.

When exceptions to the design and development standards in this chapter are requested, the applicant has demonstrated the exception is justified due to a significant gap in service that cannot be remedied with a compliant wireless communications facility;

d.

The wireless communications facility is sufficiently distant from residential uses to protect public health, prevent nuisance, and to be consistent with the character of the neighborhood;

e.

The wireless communications facility is compatible with the nature of uses on adjacent and nearby properties;

f.

The surrounding topography and landscaping will assist in the screening of the wireless communications facility and will not contribute to its visibility off site;

g.

The stealth design and screening are of high quality and are compatible with the surrounding neighborhood, offsite views, other nearby structures;

h.

The wireless communication facility will not have a significantly negative impact on public views and the visual quality of the surrounding areas;

i.

There are no facilities or buildings reasonably available for collocation;

j.

The wireless communications facility will not have a significantly negative impact to the future use and aesthetics of the public right-of-way and streetscape character; and

k.

The wireless communications facility will not have a significantly negative impact to historic structures, historic districts, parks, and the downtown historic core.

2.

In the event that the review authority cannot make findings that the proposed application meets all development standards set forth in this chapter, the review authority may still approve the application if the following can be documented:

a.

The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage.

b.

The applicant has demonstrated by clear and convincing evidence that no feasible alternative site exists that would close a significant gap in the operator's service coverage and that the alternative site under consideration would not result in any adverse impacts to public health, safety, and general welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Compliance. All new wireless communications facilities and significant alterations to an existing wireless communications facility shall comply with the applicable development and design standards in this section except when there is a significant gap in service.

B.

Standards for All Wireless Communications Facilities.

1.

Wireless communications facilities shall be integrated into existing or proposed facilities that are functional for other purposes. The review authority shall have the authority to determine, based on evidence presented, that such integration is neither practical nor feasible based on the size of the proposed wireless communications facility, the area of coverage to be achieved by the wireless communications facility, or other factors supported by evidence.

2.

Wireless communications facilities shall incorporate stealth design to minimize aesthetic impacts on surrounding land uses. Stealth design means that the wireless communications facility is designed to closely blend into the surrounding environment or building and to be minimally visible. Stealth designed antennas and related equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing building, landscape, or environment rather than the wireless communications facility.

3.

Wireless communications facilities and any methods to screen wireless communications facilities that are located on the sides or roof of a building shall be match the color of the building and be compatible with the architecture of the building.

4.

Accessory equipment shall be co-located within an existing equipment enclosure or undergrounded to the extent technologically feasible. If co-location or undergrounding are not feasible, the equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

5.

Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross-sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communications facility and future co-location of additional wireless communications facilities.

6.

No wireless communications facility or any portion thereof shall be located within a required setback area unless such location is indicated on the application and requested as part of the application and is approved by the review authority based on information presented to the review authority.

7.

Wireless communications facilities shall adhere to the height limitations for a structure in the zoning district in which they are located.

8.

Wireless communications facilities shall comply with the city's noise ordinance. The city may request that an applicant provide an acoustical analysis to prove compliance. Wireless communications facilities operating in excess of the maximum sound levels permitted by the noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daytime hours.

9.

No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions and/or electromagnetic radiation in excess of Federal Communications Commission standards and any other applicable regulations. All wireless communications facilities shall comply with all standards and regulations of the Federal Communications Commission, and any other agency of the state or federal government agency with the authority to regulate wireless communications facilities.

C.

Standards for Freestanding Wireless Communications Facilities. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for freestanding wireless communications facilities:

1.

An applicant for a freestanding wireless communications facility shall demonstrate as part of the application that a proposed wireless communications facility cannot be placed on an existing building, utility pole, streetlight, or co-located.

2.

Freestanding wireless communications facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize aesthetic impacts on surrounding land uses.

3.

Freestanding wireless communications facilities shall be designed to allow for co-location of additional antennas.

4.

Freestanding wireless communications facilities shall not utilize guy wires or other diagonal or horizontal support structures.

5.

Exterior lighting of freestanding wireless communications facilities is prohibited unless required by the Federal Aviation Administration (FAA) or other government agency.

D.

Standards for Wireless Communications Facilities in the Public Right-of-Way. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for wireless communications facilities in the public right-of-way:

1.

No administrative use permit shall be issued unless the applicant is authorized to place wireless communications facilities within the public right-of-way by franchise, certificate of convenience and necessity, city license, or otherwise. Any city license may be granted in the city's sole discretion as property owner, and not as land use regulator.

2.

Wireless communications facilities shall have subdued colors and non-reflective materials that blend in with the surrounding area to the satisfaction of the zoning administrator.

3.

The height of any new wireless communications facility pole or structure shall not exceed ten vertical feet more than the maximum height allowed in the nearest adjacent zoning district.

4.

In residential areas, wireless communications facilities shall not be located within three hundred feet of another wireless telecommunications facility; this does not include co-location of sites.

5.

All wireless communications facilities and equipment shall be built in compliance with the Americans with Disabilities Act (ADA) and traffic safety standards, including but not limited to surface access in and around facilities.

6.

Utility and Light Poles.

a.

Antennas in the public right-of-way shall be co-located or installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible.

b.

If a city streetlight or other city-owned structure is used, compensation shall be paid to the city as the owner in compliance with applicable agreements and/or fee schedules.

c.

All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.

d.

The maximum height of any antenna or antenna radome shall not exceed six feet above the height of an existing light pole.

e.

Revocation for Non-Use. Wireless communications facility permits shall be revoked if not used within one hundred eighty days from the date of approval. The one-hundred-eighty-day period may be extended for additional time upon written request to and written approval of the zoning administrator.

7.

Equipment Location.

a.

Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians and/or motorists as determined by the city engineer.

b.

Ground-mounted equipment shall be undergrounded to the extent technologically feasible. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, either within the equipment contained in the pole or through the use of landscaping, walls, or other decorative features, to the satisfaction of the zoning administrator.

c.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the zoning administrator or his/her designee.

d.

The wireless communications facility shall not interfere with the use of the public right-of-way and existing subterranean infrastructure and shall not interfere with the city's plans for alteration of such location and infrastructure.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

All wireless communications facilities shall comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight hours after discovery or notification of the need.

A.

Each permittee of a wireless communications facility shall provide the city with the name, address and twenty-four-hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change.

B.

All wireless communications facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored or damaged artificial foliage or other camouflage;

6.

Graffiti, bills, stickers, advertisements, litter, and debris;

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

Graffiti shall be removed from a wireless communications facility as soon as practicable, and in no instance more than twenty-four hours from the time of notification by the city.

D.

All trees, foliage or other landscaping elements approved as part of the wireless communications facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the wireless communications facility shall be responsible for replacing any damaged, dead, or decayed landscaping.

E.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F.

Each facility shall be operated and maintained to comply at all times with the noise standards of this code and any wireless communications facility conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents.

G.

Each owner or operator of a wireless communications facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter and any conditions of approval.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The permittee shall modify, remove, or relocate its wireless communications facility, or portion thereof, without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said alteration, removal, or relocation of a wireless communications facility shall be completed within a reasonable relocation time frame as determined by the zoning administrator. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless communications facilities without prior notice to applicant provided applicant is notified within a reasonable time period thereafter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Satellite dish antennae with diameters of twenty-four inches or less shall not be installed within a required front yard or within five feet of any side or rear property line. Satellite dish antennae with diameters greater than twenty-four inches shall comply with the following regulations:

A.

They shall only be mounted on the ground and shall not be mounted on the roof of any building or structure;

B.

They shall not be located in any required front yard or within five feet of a side or rear property line;

C.

They shall not exceed fifteen feet in height, including any platform or structure upon which they are mounted;

D.

They shall not extend beyond the property lines of the lot on which they are placed;

E.

They shall not be unnecessarily bright, shiny, or reflective; and

F.

The visual impact from adjacent properties and streets shall be minimized via screening by fences, landscaping, buildings, or topography.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Within thirty days of discontinuation of use, the wireless communications facility operator shall notify the zoning administrator in writing that use of the wireless communications facility has been discontinued. A wireless communications facility shall be completely removed, and the site returned to its pre-wireless-communications-facility condition within one hundred eighty days of discontinuation of use.

B.

Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for one hundred eighty days or more shall constitute abandonment under this chapter or any predecessors to this chapter.

C.

A wireless communications facility that is not removed with one hundred eighty days of abandonment or discontinued use will be considered a nuisance and, in addition to any other available remedy, will be subject to abatement under Chapter 9.06 (Nuisance Abatement).

D.

The city may require a performance bond or other sufficient security in an amount rationally related to the cost of removing the wireless communications facility and all related facilities and equipment on the site, as determined by the zoning administrator. However, the city may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this paragraph. In setting the amount of the bond or security, the zoning administrator shall take into consideration the estimate of removal costs.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any permit granted in accordance with the terms of this chapter for a wireless communications facility may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Upon termination or revocation of the permit or abandonment of the wireless communications facility, the permittee, owner, or operator shall remove its wireless communications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property at no cost or expense to the city. If the wireless communications facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within thirty days after termination or revocation of the permit or abandonment of the facility, shall be a violation of this code, and be grounds for:

1.

Prosecution

2.

Calling of any bond or other assurance required by this chapter or conditions of approval of permit.

3.

Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or

4.

Any other remedies permitted under this code.

C.

Summary Removal. In the event the city engineer determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition obstruction of the public right-of-way, or an imminent threat to public safety, or determines other circumstances require immediate corrective action, the city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty days, the facility shall be treated as abandoned property.

D.

Removal of Facilities by the City. In the event the city removes a wireless communications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

From time to time, the city may need the services of a qualified outside consultant to serve as third-party reviewer or supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project and shall be contracted for and administered by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding any other provision of this chapter to the contrary, if any provision(s) of this chapter would give rise to a claim by an applicant that a proposed action by the city would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or otherwise are preempted or prohibited by state or federal law, evidence of such effect may be grounds for a variance from the requirements of this chapter or an appeal of any decision denying an application for a wireless communications facility.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)