It is the purpose of this chapter to regulate adult oriented businesses in order to promote the health, safety, and general welfare of the residents of the city, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult oriented businesses within the city. The requirements of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials. Similarly, it is not the intent or effect of this ordinance to restrict or deny access by adults to adult oriented materials protected by the First Amendment, or to deny access by distributors and exhibitors of adult entertainment or adult oriented materials to their intended market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof. (Ord. 2010-02 § 1 (part), 2010)

   Adult entertainment businesses are permitted subject to compliance with the location requirements listed below.

   A.   Adult entertainment businesses regulated by this chapter shall only be permitted as established by Article II. (Zoning Districts, Allowed Uses, and Development Standards), subject to the regulations outlined in this Chapter, and subject to the issuance of a conditional use permit pursuant to the requirements of Section 17.12.140 (Conditional Use Permit). This requirement is in addition to other permits of certificates required by law.

   B.   Such use is more than four hundred (400) feet from any area zoned for residential use.

   C.   Such use is more than one thousand (1,000) feet from any other adult entertainment business.

   D.   Such use is more than five hundred (500) feet from any public or private school, day care, park, playground, public building, church, recreation area, nature trail, synagogue, mosque, temple, or other building for religious worship, youth-oriented establishments, or any noncommercial establishment operated by a religious organization.

   E.   For the purposes of this chapter, all distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as an adult entertainment business is conducted to the nearest property line or nearest point of any building on the property at issue.

   F.   The establishment of any adult entertainment business shall include the opening of such a business as a new business, the relocation of such a business, the conversion of an existing business location to any adult entertainment use or the addition of any of the adult entertainment businesses defined in the title to any other existing adult entertainment businesses. (Ord. 2010-02 § 1 (part), 2010)

   Adult entertainment businesses are permitted subject to compliance with the requirements listed below.

   A.   In any adult theater, the entire interior of the premises where the pictures are to be viewed shall be visible upon entrance to such premises; in addition, no viewing booths or areas shall be partially or fully enclosed or concealed.

   B.   No person shall place, maintain, display, or exhibit any material in a manner which exposes to public view photographs or illustrations of specified sexual activities or of poses which emphasize or direct the viewer's attention to specified anatomical areas. As used herein, exposes to public view means exposes to the view of persons outside the building on which said material is placed, maintained, or displayed.

   C.   The building entrance to the adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

   D.   All building openings, entries, and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult entertainment business from any area open to the general public.

   E.   All off-street parking areas and buildings entries serving the adult entertainment business shall be illuminated during all hours of operation. All interior portions of the adult entertainment business, except those areas devoted to mini-motion or motion pictures, shall be illuminated during all hours of operation.

   F.   All indoor areas of an adult entertainment business within which patrons are permitted, except restrooms, shall be open to view by the management at all times. Individual viewing booths for public use in adult oriented businesses may be enclosed on three (3) sides only and the open side shall be one hundred percent (100%) open. The visibility of the inside of the booths shall not be obstructed. Not more than one (1) person shall occupy any individual booth at one (1) time.

   G.   Parking shall be provided pursuant to Chapter 17.48 (Parking).

   H.   Nudity at Adult Entertainment Businesses. The United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 (1991), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to adult entertainment businesses (regardless of whether or not a permit has been issued to said businesses under this title), including said businesses where no alcoholic beverages are sold, served, or consumed at the premises. Based on this ruling, the city prohibits public nudity within the city, including public nudity at any adult entertainment business. Any adult entertainment business which is found in violation of this section shall have its business license suspended pursuant to the requirements of Title V of this Municipal Code. (Ord. 2010-02 § 1 (part), 2010)

   Any adult entertainment business that is operating in violation of these requirements regulating adult entertainment businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (Ord. 2010-02 § 1 (part), 2010)

   If any section, subsection, paragraph, subparagraph or requirement of this chapter or the application thereof to any person, property or circumstance is held invalid, the remainder of the chapter and the application of such to other persons, properties or circumstances shall not be affected thereby. (Ord. 2010-02 § 1 (part), 2010)

   It is the purpose and intent of this chapter to provide for the orderly regulation of businesses that sell alcohol for on-sale or off-sale consumption in commercial and mixed-use zones. It is recognized that these establishments by their very nature, have some objectionable characteristics and when concentrated, can contribute to the blighting or downgrading of the surrounding neighborhood. In order to protect and preserve public health, safety and welfare, special regulations, review of proposed business operations, and approval of a conditional use permit by the Planning Commission is necessary. (Ord. 2010-02 § 1 (part), 2010)

   As used in this chapter:

   A.   Alcohol. Any bottled or prepared beverage with more than one-half of one percent (0.005%) alcohol content per volume. This includes any beer, wine, wine cooler, frozen mixed drink, hard alcohol or spirits, liqueur or any other variation of a drink with alcoholic content.

   B.   Commercial Zones. The RC and MU zoning districts.

   C.   On-Sale Alcohol. Any drink served and/or prepared at the site with the intent of buying and drinking at this same site. This includes any bar or any bar affiliated with a restaurant.

   D.   Off-Sale Alcohol. Any drink served at a site with the intention of buying the drink there and taking it somewhere private to drink.

   E.   Public Convenience or Necessity. The grouping of criteria that is considered when making the determination of whether a new site where alcohol will be bought and sold will be established.

   F.   Residential Zone. The LDR, R-1, R-2, R-3 and R-4, zoning districts. (Ord. 2010-02 § 1 (part), 2010)

   Before the opening of a new business, extending the hours of operation of any establishment that sells or serves any alcoholic beverage, or adding to the capacity, floor area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages, the applicant must obtain a conditional use permit from the Planning Commission. Conditions of approval will vary with each application including location, on-sale or off-sale business, public convenience and necessity, and any other, city, state, and federal laws that may apply. The criteria that will be followed to approve the conditional use permit are as follows:

   A.   Conditional Use Permit. The Planning Commission shall review all conditional use permit requests for proposed alcohol sales. The following information must be provided to approve conditional use permit requests:

      1.   A list of all establishments within a one thousand (1,000) foot radius with similar size and array of products. If there is any other establishment, other than a food service establishment with incidental service of beer and/or wine within a one thousand (1,000) foot radius of the site of the proposed use that is in the same category of alcoholic beverage sales or service and the State Department of Alcoholic Beverage Control finds that the request will result in an overconcentration of alcohol sales within the applicable Census Tract, then the city shall not approve the application unless it makes all of the following findings of “public convenience or necessity;”

      2.   The number of businesses having authority to sell alcoholic beverages in the census tract of the subject site;

      3.   The extent to which the crime reporting district in which subject site is located exceeds the average for crime reporting districts subject to the jurisdiction of the Police Department;

      4.   The proximity of the subject site to school, park, playground, recreational center, day care, or similar use.

   B.   Public Convenience or Necessity. A determination of Public Convenience or Necessity (PCN) is required by the Department of Alcoholic Beverage Control (ABC) when there is an overconcentration of alcohol sales licenses within a defined census tract. ABC determines if there is an overconcentration of licenses in a census tract and will require a determination of public convenience or necessity from the city. The City Council is the appropriate authority to review and make a PCN determination. This determination must be made prior to Planning Commission review of a conditional use permit to allow alcohol sales.

   C.   To approve a PCN determination, the following findings must be satisfied:

      1.   The proposed establishment will promote the city's economic health, consistent with the General Plan and any applicable Specific Plan policies to further district purposes;

      2.   The economic benefits associated with the establishment could not reasonably be achieved without the proposed alcohol sales;

      3.   The applicant has not operated a licensed establishment, which has been the subject of verified, complaints, or violations regarding alcohol, public safety or nuisance statutes or regulations;

      4.   The Police Department has reported that the proposed establishment would not be expected to add to crime in the area;

      5.   Alcoholic beverages sold by the applicant are incidental to the other products available for sale at the establishment. (Ord. 2010-02 § 1 (part), 2010)

   In addition to any other conditions appropriate to the particular circumstances, the following standard conditions should apply to all alcohol sales establishments:

   A.   All on-sale or off-sale locations shall comply with the following conditions:

      1.   Beer, malt beverages, and wine coolers in container of sixteen (16) ounces or less cannot be sold as single items, but must instead be sold in manufacturer prepackaged multi unit quantities.

      2.   There shall be no sales of beers, ales or wines that have screw tops in bottles less than three hundred and seventy-five (375) milliliters, unless sold in manufacturer prepackaged multi-unit quantities.

      3.   The applicant shall be responsible for maintaining free of litter that area in front of and adjacent to the premises over which they have control.

      4.   No signs advertising the sale of alcoholic beverages shall be displayed outside of the store.

      5.   Licensee or its employees shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises.

      6.   The sale of liquor in the store shall be limited to no more than two hundred (200) linear feet of display, which shall include the use of multi-tiered shelving not to exceed thirty-six (36) inches in depth.

      7.   If any of conditions are found to be disregarded, the use permit for alcohol sales will be subject to revocation. If necessary, the Planning Commission may modify the use permit after holding a noticed public hearing and making applicable findings.

      8.   Establish and maintain a “complaint response/community relations” program with the Police Department.

   B.   On-Sale Business. An on-sale establishment must comply with the following conditions:

      1.   No sale of alcohol is allowed for off-site consumption;

      2.   No vegetation around the site that can be used as a hiding place;

      3.   A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted;

      4.   A copy of the conditions of approval must be kept on premises and available upon request;

      5.   All servers shall receive “responsible beverage service training,” and documentation of this training, shall be retained on the premises and made available upon request;

   C.   Off-sale business. An off-site establishment must comply with the following conditions:

      1.   No sale of alcohol is allowed for on-site consumption;

      2.   Trash receptacles shall be located at convenient locations outside the establishment, and operators of the business shall remove all trash on a daily basis;

      3.   Pay telephones on the site of the establishment, when applicable, must be of the type that only allow outgoing calls;

      4.   In establishments with glass storefronts, windows shall allow for unobstructed interior viewing of the cash register area from the street;

      5.   A sign concerning the California law prohibiting minors to drink alcohol and a sign prohibiting loitering or public drinking must be posted;

      6.   A copy of any use permit conditions of approval will need to be kept on premises and available upon request;

      7.   All employees shall receive “responsible beverage service training,” and any employee on duty between 10:00 p.m. and 2:00 a.m. will be at least twenty-one (21) years of age, and documentation of this training shall be retained on the premises and made available upon request;

      8.   Make attempts to limit alcohol related problems which negatively impact those living or working in the neighborhood.

(Ord. 2017-14 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   No on-sale or off-sale liquor establishments shall be open within an exclusively residential district. This restriction shall not apply to special event functions provided all other permits are secured from the Police Department.

(Ord. 2017-14 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   A.   Residential condominiums provide for individual ownership of separate dwelling units which are usually in close proximity to one another. The area surrounding the dwelling units is a common area that is managed and maintained by the individual owners of dwelling units in accordance with the rules of an association agreement.

   B.   This mix of individual and common ownership is different from single-family residences and conventional apartment house use. In single-family homes, the dwelling is physically separate and the yard areas are under the more or less complete control of the owner. In conventional apartments, there is an implied guarantee of continuous and effective management of the project, and the occupant is not the owner of the unit and does not have the burden of financial commitment, maintenance, or resale associated with ownership.

   C.   The unique nature of condominium projects tends to magnify the effects associated with higher urban densities to the point where they may have deleterious effects upon the occupant, seller and buyer who often do not fully appreciate the implications of condominium living and ownership and which may lead to conditions of mismanagement, neglect and blight that impact upon the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat such projects differently from other multiple-family dwelling developments or other structures which are not residential condominium projects. It is found that the special regulations contained in this chapter are required to achieve this intent, and are applicable to all new condominium developments and the conversion of existing community apartment projects to residential condominiums. No part of this chapter is intended to be applicable to commercial condominiums.

      1.   To establish requirements and procedures to be followed for the review and approval or disapproval of new condominium project developments and the conversion of existing multiple-family rental housing to residential condominiums.

      2.   To establish criteria for new condominium developments and condominium conversion projects.

      3.   To ensure that the developer of the project provides adequate private outdoor living space, storage and parking space, open space and other amenities for residents of condominium project developments.

      4.   To provide for planning and compliance with the city's general plan, housing element and housing assistance plan.

      5.   To provide a desirable balance of rental and ownership housing within the city, and a variety of individual choice of tenure, type, price and location of housing.

      6.   To ensure that the project sponsor is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission, which if not adequately attenuated, may nevertheless render the living environment within the project insufferable and the transfer of unit ownership difficult. (Ord. 2010-02 § 1 (part), 2010)

   The developer of a new condominium project or a developer who desires to convert an existing multiple-family rental housing or a nonresidential structure to a residential condominium shall first submit an application for a use permit to the Community Development Department. The application shall include, but not be limited to, the following, in as many copies as the Community Development Department determines to be sufficient for its staff and the Planning Commission to evaluate the project:

   A.   A complete legal description of the property and a boundary map showing the existing topography of the site and the location of all existing easements, structures and other improvements, and trees over six (6) inches in diameter;

   B.   Dimensioned schematic development plans consisting of at least a site plan, parking plan, typical floor plan, building elevations showing natural and proposed grades, transverse and longitudinal section showing natural and proposed grades, and a conceptual landscaping plan for the project as a whole. (In instances where the project involves the conversion of an existing structure to condominium usage, the developer shall submit plans showing existing conditions and proposed improvements, and other information and plans as determined by the city staff).

   C.   A tabular analysis (submitted on forms provided by the city) showing how the project compares to the minimum standards for condominium projects in the district in which it would be located;

   D.   Drawings of typical detailed sections indicating types of wall, floor and ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized and approved testing laboratory of a statement from a licensed acoustical engineer, or the city building official as to the STC (Sound Transmission Class) and IIC (Impact Insulation Class) of the proposed type of construction;

   E.   Such other information which the Planning Commission or Community Development Department determines is necessary to evaluate the proposed project;

   F.   No application shall be considered unless all the information required by divisions A. through E. inclusive, is provided to the Community Development Department, or the developer files with the Community Development Department an affidavit or declaration showing good cause for failure to provide such information. This affidavit or declaration shall set forth in detail all efforts undertaken to discover such information and all reasons why the information cannot be obtained;

   G.   Upon formal approval of the use permit, the developer will then be required to submit a tentative subdivision map for city approval unless the condominium conversion is exempt from the Subdivision Map Act pursuant to the California Government Code. (Ord. 2010-02 § 1 (part), 2010)

   A.   1.   To achieve the purpose of this chapter, the Planning Commission requires that all proposals for condominium usage made pursuant to the requirements of this section, including the conversion of existing multiple-residential structures to condominiums, conforms to the requirements of the residential district in which the project is located. Additionally, the Planning Commission must review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in divisions B. and C. of this section. A condominium proposal which does not comply with all of the precise development standards in division B. of this section may be approved by the Planning Commission where the commission finds that there are unusual circumstances regarding the development's location, site or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purpose of this chapter.

      2.   Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this chapter, the Planning Commission is empowered to vary any and all requirements contained in this chapter with regard to a particular conversion proposal upon a specific finding or findings that the creation of the proposed condominium will not contravene the intent and purpose of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion will contravene the intent and purpose include the age of the structure and the degree to which the proposal varies from the required standards for the following: Parking, private open space, storage space, sound transmission characteristics, fire protection and development criteria.

      3.   The Planning Commission is also empowered to impose conditions on any approval given which would require that specified modifications, designed to bring a structure into compliance with the condominium development standards contained in this section, are made to the structure proposed for conversion.

   B.   Condominium Development Standards. To achieve the purpose of this section, the Planning Commission shall require, except as noted above, that all condominium projects conform to the requirements of the residential district in which the project is located and all of the following condominium development standards:

      1.   All new condominiums or community apartment projects shall be developed with at least one (1) bedroom per unit and include garage/parking and storage.

      2.   Parking Requirements. All condominium developments shall conform to the following parking requirements: Each unit in the development, irrespective of size, shall have at least two and two-tenths (2 2/10) parking spaces consisting of two (2) owned spaces (minimum one (1) garage space), and two-tenths (2/10) guest space (common). All fractions to be rounded to next highest number with a minimum of one (1) guest space per development. All garages to be used primarily for storage of vehicles.

      3.   Requirement of Private Open Space for Each Unit. Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty (150) square feet, except that a one (1) bedroom unit is required to have a minimum area of one hundred thirty (130) square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two (2) weatherproofed electrical convenience outlets, and shall have a shape and size that would allow for optional usable space. Such space shall be at the same level as, and immediately accessible from a room within the unit. The Planning Commission may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this subsection.

      4.   Storage Space for Each Unit.

         a.   In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall meet minimum FHA storage standards. All exterior storage spaces shall be weatherproof, lockable and meet fire department requirements. Such space shall be for the sole use of the unit owner. Walk-in exterior storage shall have a minimum clear access opening of two and one-half (2 1/2) feet by six and two-thirds (6 2/3) feet.

         b.   Such space may be provided in any location approved by the Planning Commission, but shall not be divided into more than two (2) locations within a reasonable distance of the unit.

         c.   If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that that surface is maintained in a manner compatible with the architectural treatment of the project.

         d.   Regardless of the location, the precise architectural treatment of such space shall be approved by the Planning Commission to ensure that such areas are safe, convenient and unobtrusive to the functional and aesthetic qualities of the project.

      5.   Sound Transmission Characteristics. Condominiums present a unique problem in relation to sound transmission. The following methods shall be utilized to regulate noise transmission:

         a.   Shock Mounting of Mechanical Equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which is determined by the building official to be a source of significant structural vibration or structure-borne noise shall be shock-mounted in inertia blocks or bases and/or vibration isolators in a manner approved by the building official.

         b.   Noise Resistance. As a minimum, all common walls and floors between units shall comply with Uniform Building Code Standard No. 35-1. All separating floor-ceiling assemblies between separate units shall provide impact sound insulation equal to that required to meet an Impact Insulation Class (IIC) of fifty (50) (forty-five (45) if field-tested) as defined in Uniform Building Code Standard No. 35-2. Developers of conversions shall submit to the Community Development Department prior to approval of the tentative map a written statement of compliance signed by a certified sound engineer. (The sound transmission requirements stated in this subdivision do not preclude requirements outlined in the California Environmental Quality Act, appropriate city ordinances and criteria).

         c.   Plumbing shall be located within walls interior to the unit whenever possible. Any plumbing in common walls shall be wrapped and caulked to effectively reduce noise transmission.

         d.   Patios or balconies adjacent to bedroom areas shall be improved with solid walls constructed of masonry, wood, wood and stucco, wood on wood, or other acceptable materials at a rate of two (2) pounds per square foot minimum and to a minimum of five (5) feet in height.

      6.   Fire Prevention.

         a.   Every dwelling unit shall be provided with a smoke detector conforming to Uniform Building Code Standard No. 43-6. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within twelve inches of the ceiling. Care shall be exercised to insure that this installation will not interfere with the operating characteristics of the detector. When actuated, the detector shall provide an alarm in the dwelling unit.

         b.   Draft stops shall be placed in all attics that are determined to be accessible by the building official.

         c.   All condominiums shall meet minimum requirements of fire department.

      7.   Condition of Equipment and Appliances. On conversions, the developer shall provide a one (1)-year warranty to the buyer of each unit at the close of escrow on any dishwashers, garbage disposals, washers and dryers, stoves, refrigerators, hot water tanks and air conditioners that are provided. At such time as the Homeowners' Association takes over management of the development, the developer shall provide a one (1)-year warranty to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition.

      8.   Condition of Paved Areas. Prior to close of escrow of conversion units, the developer shall make any repairs necessary to all paved surfaces to meet current city standards.

   C.   Condominium Development Criteria. The overall quality of the project, including design, site layout, density, open space and recreational facilities of the condominium shall be evaluated by the Planning Commission using the following criteria:

      1.   Land Use Intensity. Land use intensity shall be consistent with general plan and Zoning Code.

      2.   Overall Design and Site Layout. The following criteria shall be considered in reviewing the overall design and site layout of the project:

         a.   The project should have a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and areas for automobiles.

         b.   Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community.

         c.   The layout of structures and other facilities should effect a conservation in street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly, i.e., gas, water and electricity.

         d.   A landscape and lighting plan shall be submitted to and approved by the Planning Commission for all outdoor areas, and shall be submitted with or as part of the project site plan. The plan shall be subject to approval of the Planning Commission prior to the issuance of any building permits. Landscaping shall be installed prior to occupancy or, as the case with conversions, prior to close of escrow of the first unit. Landscaping shall be maintained in accord with the approved landscape plan.

         e.   Mailboxes shall be located in central locations in a manner approved by the Planning Commission and the postal service.

         f.   Access to all common areas (open space, facilities, parking) located on the ground floor areas shall be provided with a barrier-free design (including curb cuts, ramps, wide gates, etc.) for the handicapped.

         g.   All common areas shall be maintained by a homeowner's association.

      3.   Other Facilities. Consideration shall be given by the Planning Commission to the inclusion of the following facilities in the project:

         a.   A laundry area shall be provided in each unit, or if common laundry facilities are provided, then such facilities shall be subject to the review of the Planning Commission as to their adequacy.

         b.   Requirement shall be placed in the codes, covenants and restrictions precluding the parking of recreational vehicles and boats on required owned or guest spaces.

      4.   Utilities.

         a.   All units to be subdivided shall be provided with separate gas and electric meters and requirement made for individual shut-off valves.

         b.   All units shall be provided with separate water meters and shut-off valves. If a master water meter is used, private, individual meters will nonetheless be required for water service.

         c.   Sewer Lines. Condominium (air space) units: Each unit shall be provided a separate sewer lateral wherever possible. Where not possible, each floor shall have its own lateral and the Homeowner's Association shall be responsible for all maintenance of the common laterals from the individual unit to the connection with the main sewer line. Planned unit developments: Each unit shall be provided a separate sewer lateral. No cross-connections or common connections shall be allowed of any plumbing.

         d.   Individual utility meters, phone panels and address directories shall be clustered for efficient access for residents and service.

         e.   Group plumbing vents and ducts together wherever possible in condominium (air space) units to minimize roof penetration. Where mechanical equipment must be located on the roof, it shall be integrated into design of the roof and/or recessed or screened from view from adjoining properties.

   D.   Approval of Tentative/Final Subdivision Map. Approval of the tentative and final subdivision maps for new condominiums and conversions shall be pursuant to Section 66427 of the California Government Code and local subdivision ordinance as amended. (Ord. 2010-02 § 1 (part), 2010)

   A.   To achieve the purpose of this section, the Planning Commission requires that the declaration of covenants, conditions and restrictions and project elements relating to the management of the common area and facilities be approved by the Community Development Department prior to the approval of the final map. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the state pursuant to Title 6 (Condominiums) of the Civil Code, or other state laws or policies, such declaration shall be subject to recording and shall provide for the following, none of which, when approved by the Planning Commission or Community Development Department shall be amended, modified or changed without first obtaining the written consent of the city and all of which shall contain a statement to that effect.

   B.   The minimum criteria and conditions which are described in this section and any other conditions to be placed in the codes, covenants and restrictions shall be distributed to the developer at the time of the preliminary conference on the tentative map:

      1.   Conveyance of Private Open Space. The surface area and appurtenant air space of private open space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by Subsection 17.60.030.A.3 and any integral portion of that space may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.

      2.   Conveyance of Private Storage Areas. The surface and appurtenant air space of private storage spaces required by Subsection 17.60.030.A4 shall be described and conveyed in the declaration as an integral part of the unit.

      3.   Assignment and Use of Required Off-street Parking Spaces. Required off-street parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project on the basis of the parking spaces required per unit pursuant to Section 17.60.030.A2. To the maximum practicable extent the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one (1) unit overhang or take its access from the required off-street parking space of another unit. All parking spaces shall be for the use of unit owners. One (1) bedroom units shall be assigned two (2) parking spaces and may rent additional spaces from the association as available. An occupant of a unit with two (2) or more bedrooms may rent one (1) parking space back to the association. All parking spaces, except those specifically designated for recreational vehicles, shall be used solely for the purpose of parking motor vehicles as defined by the vehicle code of the state, and shall not be used for trailers, unmounted campers, boats or similar recreational vehicles.

      4.   Right of Public Entry to Common Area. The developer shall file a petition by a majority of the owners, requesting that the requirements of the California Vehicle Code be enforced on privately owned and maintained roads as provided in Section 21107.07 of the California Vehicle Code.

      5.   Maintenance of Common Areas and Facilities; General. In order to protect the public health, safety and welfare, requirement shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. The remedies which the association may bring for the nonpayment on assessments shall be specified and may include penalties for late payment.

      6.   Utility Easements over Private Streets and Other Areas. If the condominium project contains private streets, paths or roadways, requirement shall be made for public utility easement over the entire private street, path or roadway network. The Planning Commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The Planning Commission may also require access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas of the project.

      7.   Access for Construction, Maintenance or Repairs. The association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners of the units in common. Codes, covenants and restrictions shall include a requirement for prior notice of entry to occupants when at all possible.

      8.   Termination of Contract. Unless otherwise prohibited by law, or any local, state or federal regulation, the association has the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three (3) months after the association assumes control of the project, or at that time renegotiate any such contracts.

      9.   Preparation of By-laws. A complete set of by-laws for operation of the Homeowner's Association shall be prepared and submitted to the city subject to approval as to form to accomplish the purposes contained in this subsection. Additionally, the by-laws and the codes, covenants and restrictions shall provide for, and the developer/owner shall establish, a continuously active guarantee of an amount equal to or greater than the estimated costs of normal operation of the association for a period of not less than six (6) months. (Ord. 2010-02 § 1 (part), 2010)

   In addition to the requirements for a subdivision, the application for the subdivision of existing multiple-family rental housing as a condominium conversion is subject to the following additional requirements:

   A.   Code Inspection, Compliance and Disclosure. All units to be under separate ownership or lease after conversion shall be inspected by the city prior to city approval of final map. Separate ownership means a condominium unit where the entire fee is in one (1) entity whether individually, in joint tenancy, or as tenants-in-common. The cost of such inspection shall be borne by the applicant. All units shall be brought into compliance with applicable Uniform Building Codes heretofore adopted by the city pursuant to ordinance, prior to final map approval by the city.

   B.   Public Report Application. A copy of the proposed application submitted by the applicant to the Department of Real Estate of the state for a subdivision public report on the current forms required by the Department of Real Estate shall be submitted to the Community Development Department together with the submittal of the tentative map. Such application need not contain exhibits regarding the availability of utility services or the organizational documents of the project. However, the application for the final subdivision map shall include a full and complete copy of all information submitted to the Department of Real Estate by applicant.

   C.   Notification to Tenants. Developers of apartment conversions shall, with the use permit application, submit to the city the following:

      1.   A list of names and addresses of the residents of each unit in the conversion project certified as to accuracy by the developer as of the date of the application; and

      2.   Certification that the residents of the project have been notified of the proposed conversion in a manner approved by the Community Development Department; or

      3.   A separate stamped, preaddressed envelope to the resident of each unit shall be furnished to the city by the developer at the time the developer submits an application for a use permit. The city shall use such envelopes to notify the residents by mailing a copy of the Planning Commission agenda and notice to tenants no less than seven (7) days prior to the proposed meeting date on the use permit.

      4.   All new tenants who occupy the property after an application for a use permit for conversion has been filed with the city shall be notified of the application by the developer prior to occupancy by the tenant.

      5.   Please note that additional notice requirements are set forth in Section 66427.1 of the Government Code for approval of any final map for the conversion of residential real property into a condominium project, a community apartment project or a stock cooperative project.

   D.   Pest Infestation and Dry Rot Report. The developer shall, prior to approval of the final map, submit to the Community Development Department a copy of a structural pest infestation and dry rot report for all buildings within the proposed project. This report shall be made available to all prospective buyers by the developer.

   E.   Building Security. The developer shall comply with all conditions of the city's Police Department in respect to building security. In addition, prior to the approval of the final map, all locks in the project shall be changed so that no master key or other keys previously used will allow entry into any unit of the project after conversion. (Ord. 2010-02 § 1 (part), 2010)

   In reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:

   A.   Whether or not the amount and impact of the displacement of tenants if the conversion were approved would be detrimental to the health, safety or general welfare of the community;

   B.   The role that the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low income and moderate income households. Standard definitions of low income and moderate income rents used by the federal and state governments will be used in the evaluation. Along with other factors, the city will consider the following:

   C.   The number of families on current waiting lists for assisted rental housing programs that operate in Pinole, such as Housing Act Section 23 and Section 236 programs;

   D.   The probable income range of tenants living in existing apartments based on the assumption that households pay between one-quarter (1/4) and one-third (1/3) of their income for housing. That income range will be compared with existing income limits for the Section 8 program to determine whether potential displaced tenants can be categorized as low income and moderate income;

   E.   The need and demand for lower cost homeownership opportunities which are increased by the conversion of apartments to condominiums;

   F.   Conversion projects shall not be approved by the Planning Commission if, on the basis of a representative sampling of the number of rental dwelling units relative to the total available dwelling units in the city (supplied by developer and verified by city) is less than fifteen percent (15%);

   G.   If the Planning Commission or City Council determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map and use permit application may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered;

   H.   The applicant shall provide relocation information consisting of data indicating the current and continually available, competitively priced, decent, safe and sanitary dwelling units within the immediate area (Pinole, Hercules, Rodeo, and El Sobrante). The number of available dwelling units shall be sufficient to assure accommodation of such displaced tenants. This requirement is not applicable if the city determines, on the basis of a representative sampling of apartment buildings conducted by the city, that the city-wide apartment vacancy rate exceeds five percent (5%). Any such representative sampling used shall not be more than ninety (90) days old. In addition, the developer shall pay each household displaced by the project an amount determined by the Planning Commission as being representative of commercial relocation costs within the market area. (Ord. 2010-02 § 1 (part), 2010)

   The developer shall make no advertising use of any city approval of use, subdivision or occupancy for the project. (Ord. 2010-02 § 1 (part), 2010)

   Approval of the final map for a condominium or the conversion of residential real property into a condominium project is subject to findings as required by Section 66427.1 of the Government Code, as amended. The findings shall not diminish, limit or expand, other than as provided in this chapter, the authority of the city to approve or disapprove any condominium projects. (Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to establish regulations governing the erection, operation, and occupancy of emergency shelters to allow for the adequate requirement of emergency housing services for vulnerable members of the community while protecting and upholding the general public health, safety, and welfare.

(Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

   A.   Permit Requirements. Emergency shelters are conditionally allowed or allowed by right as established in Article II. (Zoning Districts, Allowed Uses, and Development Standards). In addition to satisfying the requirements listed below, emergency shelters shall comply with all federal and California licensing requirements and all applicable Uniform Building and Fire Codes, including maximum occupancy restrictions.

   B.   Exceptions to Permit Requirements.

      1.   Emergency Shelters may exceed the maximum thirty (30)-bed limitation below through a conditional use permit subject to approval by the designated approving authority, in accordance with Government Code Section 65589.5(d).

(Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

   A.   Location and Separation. Emergency shelters of more than ten (10) persons shall be situated more than three hundred (300) feet from any other emergency shelter.

   B.   Physical Characteristics.

      1.   The maximum number of beds for emergency shelters shall be thirty (30) unless a conditional use permit is applied for and approved. The maximum number of beds does not apply in situations of city- or statewide designated disasters or catastrophic conditions.

      2.   Smoke detectors, approved by the Fire Department, shall be provided in all sleeping and food preparation areas for emergency shelters.

      3.   The size of an emergency shelter shall be in character with the surrounding neighborhood.

      4.   The emergency shelter shall have an interior, onsite waiting and client intake area that is a minimum of two-hundred (200) square feet. The emergency shelter shall include a landscaped exterior waiting area that is a minimum of one hundred (100) square feet, so that clients waiting for services are not required to use the public sidewalk for queuing.

      5.   The emergency shelter shall have on-site parking provided at the rate of:

         a.   One (1) space per three (3) beds plus;

         b.   One (1) space per employee;

         c.   Off-street parking may only be required based on demonstrated need, provided that the same requirements applied are those for residential or commercial uses within the same zone.

      6.   The emergency shelter shall have exterior lighting consistent with Chapter 17.46 (Lighting).

(Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

   A.   Emergency shelters shall provide on-site management and support staff at all times during shelter use.

   B.   Emergency shelters shall have on-site security during the hours that the emergency shelter is in operation.

(Ord. 2016-04 § 7 (part), 2016: Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to establish, as authorized by the State of California Penal Code Section 26500 et seq. (as may be amended from time to time), a local licensing process for persons who, sell, lease or transfer firearms. (Ord. 2012-05 § 4 (part), 2012)

   A.   It shall be unlawful under this chapter for any person to engage in the business of selling, transferring, or leasing, or advertising for sale, transfer or lease, or offer or expose for sale, transfer or lease, any firearm unless he or she has been issued a license as required by this chapter. "Engage in the business" means the conduct of a business by the selling, leasing, or transferring of any firearm; or the preparation for such conduct of business, as evidenced by the application for or securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling, transferring, or leasing of any firearms; or the selling, transferring or leasing of firearms in quantity, in series or in individual transactions, or in any other manner indicative of trade.

   B.   Such license shall consist of a permit issued by the Police Chief after a determination by the Police Chief that the applicant meets the standards for obtaining a permit based on the criteria contained herein.

   C.   A person shall not be deemed licensed to sell firearms until that person has obtained the permit from the Police Chief, a conditional use permit for the business site from the Planning Commission, and a city business license. (Ord. 2012-05 § 4 (part), 2012)

   An applicant for a permit under this chapter shall file with the Police Chief an application in writing, under penalty of perjury, on a form to be furnished by the city or as information requested to demonstrate compliance with this chapter, including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of Section 17.63.080D of this chapter. The application shall also include a certification by the city's Community Development Department that the business will not be located in a zoning district in which the operation of firearms business is prohibited by law. The applicant shall provide all information requested, including proof of compliance with all applicable federal, state and local laws, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee for administering this chapter, to be established by resolution of the City Council. (Ord. 2012-05 § 4 (part), 2012)

   The Police Chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The Police Chief may require an applicant, or any officer, agent, or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the Police Chief, and any other additional information which the Police Chief deems necessary to complete the investigation. (Ord. 2012-05 § 4 (part), 2012)

   The Police Chief shall give the applicant written notice of the Chief's decision to deny or revoke the application. The notice shall set forth the ground or grounds for the chief's decision, and shall inform the applicant that he or she has ten (10) days from the date the notice was mailed within which to file a written request for a hearing with the Chief. The Police Chief shall issue a permit unless he finds one or more of the following:

   A.   The applicant, or an officer, employee or agent thereof, is under the age of twenty-one (21) years;

   B.   The applicant is not licensed as required by all applicable federal or state laws, or the operation of the business as proposed will not comply with all applicable federal, state, and local laws, including, but not limited to any of the following:

      1.   The applicant has failed to provide a copy of his or her valid federal firearm's license.

      2.   The applicant has failed to provide a valid seller's permit issued by the State Board of Equalization.

      3.   The applicant has failed to provide a copy of his or her valid certificate of eligibility issued by the Department of Justice;

   C.   The applicant's inventory does not conform to the type of federal or state firearms permit issued to the applicant;

   D.   The applicant, or an officer, employee or agent thereof, has had a similar type permit previously revoked or denied for good cause within the immediately preceding two (2) years;

   E.   The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a material fact in the application for a permit;

   F.   The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity, or any other information required by the Police Chief to complete his investigation;

   G.   The applicant, or an officer, employee or agent thereof, has been convicted of:

      1.   Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing a firearm under applicable federal, State and local laws.

      2.   Any offense relating to the manufacture, sale, possession, use of registration of any firearm or dangerous or deadly weapon.

      3.   Any offense involving the use of force or violence upon the person of another.

      4.   Any offense involving theft, fraud, dishonesty or deceit.

      5.   Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the State Health and Safety Code, as it may be amended from time to time;

   H.   The applicant, or any officer, employee or agent thereof, is currently or has been within the last two years, an unlawful user of any controlled substance as defined by the State Health and Safety Code, as it may be amended from time to time, or is an excessive user of alcohol, to the extent that such use would impair his fitness to be a dealer in firearms;

   I.   The applicant, or any officer, employee or agent thereof, is within the classes of person defined in California Welfare and Institutions Code Sections 8100 or 8103 as they now read, or may hereafter be amended to read. (Ord. 2012-05 § 4 (part), 2012)

   In addition to any provisions contained in this chapter, any circumstances constituting grounds for denial shall also constitute grounds for revocation. (Ord. 2012-05 § 4 (part), 2012)

   A. Any person whose application for a permit has been denied, or whose permit has been revoked by the Police Chief, shall have the right to a hearing before the Police Chief prior to the final denial or revocation of the permit.

   B.   Within ten (10) days of mailing of the written notice of intent to deny the application, or revoke the permit, the applicant may appeal by requesting a hearing before the Police Chief. Such a request must be made in writing and must set forth the specific grounds for the appeal. If the applicant files a timely request for a hearing, the Police Chief shall set a time and place for the hearing within thirty (30) days thereafter. The decision of the Police Chief to deny the application shall be in writing and shall be rendered within ten (10) days of the hearing.

   C.   An applicant may appeal the Police Chief's denial or revocation of a permit to the City Manager by filing a written appeal with the City Manager within ten (10) days of the action. Such an appeal hearing must set forth the specific grounds for appeal. If the applicant files a timely request for a hearing, the City Manager shall set a time and place for the hearing within thirty (30) days thereafter. The decision of the City Manager concerning the application shall be in writing and shall be rendered within ten (10) days of the hearing. (Ord. 2012-05 § 4 (part), 2012)

   The permit issued by the Police Chief shall be deemed to contain the following terms and conditions, unless otherwise indicated on the permit:

   A.   The permittee shall conduct business only in the premises designated in the permit. This requirement, however, shall not prohibit the permittee from participating in gun shows of events which are specifically authorized by federal and state law upon compliance with federal and state law.

   B.   The permit issued by the Police Chief, or a copy thereof, certified by the Police Chief, shall be displayed on the premises and at gun shows where it can be easily seen.

   C.   No firearms shall be delivered:

      1.   Within ten (10) days of the application for the purchase, or within ten (10) days after submitting corrected copies of the register or any fee required by State Penal Code Sections 28225, whichever is later, or within any timelines otherwise set forth in Penal Code Sections 27540.

      2.   Unless unloaded and securely wrapped or in locked container which is fully enclosed and securely locked by a padlock or similar locking device as required by state Penal Code Sections 16850 and 25610(a).

      3.   Unless the purchaser or transferee presents clear evidence of his or her identity and age, as required by Penal Code Section 27540(c).

      4.   If the permittee is notified by the State Department of Justice that a purchaser is in a prohibited class described in State Penal Code Sections 29800 through 29825 or State Welfare and Institutions Code Sections 8100 or 8103.

   D.   All firearms kept in the licensed place of business shall be stored using one of the following methods as to each particular firearm:

      1.   Store the firearm in a secure facility that is a part of, or that constitutes, the licensee's business premises.

      2.   Secure the firearm with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.

      3.   Store the firearm in a locked fireproof safe or vault in the licensee's business premises.

      4.   As used in this section, a "secure facility" means a building that meets all of the following specifications:

         a.   All perimeter doorways shall meet on the following:

            (i)   A windowless steel security door equipped with both a deadbolt and a doorknob lock.

            (ii)   A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five (5) inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine (9) gauge affixed to the exterior or interior of the door.

            (iii)   A metal grate that is padlocked and affixed to the licensee's premises independent of the door and doorframe.

         b.   All windows are covered with steel bars.

         c.   Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.

         d.   Any metal grates have spaces no larger than six (6) inches wide measured in any direction.

         e.   Any metal screens have spaces no larger than three (3) inches wide measured in any direction.

         f.   All steel bars shall be no further than six (6) inches apart.

      5.   Upon written request from a permittee, the Police Chief may grant an exemption from compliance with this sub-paragraph D if the permittee is unable to comply with these requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the permittee.

   E.   No pistol, revolver, or other firearm capable of being concealed upon the person or imitation thereof, or placard advertising their sale or other transfer, shall be displayed in any part of the premises where it can readily be seen from the outside.

   F.   Permittee shall properly and promptly process firearms transactions pursuant to State Penal Code Sections 28050 through 28070.

   G.   Permittee shall keep a register of sales as required by State Penal Code Sections 28100 through 28180.

   H.   Permittee shall not sell, deliver or transfer any pistol, revolver or other firearm capable of being concealed upon the person to any person under twenty-one (21) years of age or any other firearm to any person under eighteen (18) years of age.

   I.   Permittee shall post conspicuously within the licensed premises, all charges and fees required by Penal Code Section 26875, and the following warning in block letters not less than one (1) inch in height:

      "IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT YOU MAY BE FINED OR SENT TO PRISON."

   J.   No pistols, revolvers or firearms capable of being concealed upon the person shall be delivered unless the purchaser or transferee presents to the permittee a basic firearm safety certificate.

   K.   Permittee shall offer to provide the purchaser or transferee of a firearm a copy of the pamphlet described in State Penal Code Section 34205 and may add the cost of the pamphlet, if any, to the sales price of the firearm.

   L.   Permittee shall report the loss or theft of any firearm that is merchandise of the permittee, any firearm that the permittee takes possession of pursuant to Penal Code Section 26885, or any firearm kept at the permittee's place of business within forty eight (48) hours of discovery to the Pinole Police Department.

   M.   Permittee shall install an alarm system monitored by a Police Chief-approved alarm company.

   N.   Permittee shall install a surveillance camera system approved by the Police Chief. (Ord. 2012-05 § 4 (part), 2012)

   The assignment or attempt to assign any Police Chief permit issued pursuant to this chapter is unlawful and any such assignment or attempt to assign shall render the permit null and void. (Ord. 2012-05 § 4 (part), 2012)

   A.   No permit shall be issued or continued pursuant to this chapter unless there is in full force and effect a policy of insurance in such form as the city deems proper, executed by an insurance company approved by the city whereby the applicant or permittee is insured against liability for all activities of the permittee, including damage to property and for injury to or death of any person. The minimum liability limits shall not be less than one million dollars ($1,000,000) combined, single limit personal injury and property damage for each occurrence. The insurance shall be occurrence based insurance. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the city, addressed in care of the Chief of Police, 880 Tennent Avenue, Pinole, CA 94564, at least thirty (30) days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this chapter, the permit shall be deemed cancelled without further notice or opportunity to be heard.

   B.   Such policy of insurance shall name the city, its officers, agents, and employees as additional insured. Additionally, applicant and permittee, as a condition of issuance of any permit under this chapter, agree to indemnify, defend and hold harmless the city, its officers, agents, and employees, from any claims arising from the negligence of the applicant or permittee.

   C.   Prior to the issuance of any permit, applicant shall furnish the city with complete copies of the above required insurance policies, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. (Ord. 2012-05 § 4 (part), 2012)

   A.   Police Chief permits shall expire one year after the date of issuance. Such permits may be renewed by the Police Chief for additional one year periods upon the permittee's submission of an application for renewal, accompanied by a non-refundable renewal fee as established by City Council Resolution. The completed renewal application and the renewal fee must be received by the Police Chief no later than forty-five (45) days prior to the expiration of the current permit.

   B.   The Police Chief shall inform the Community Development Director or designee when a permit expires or is revoked, or when renewal is denied by the Police Chief so that proceedings to revoke the use permit can be initiated.

   C.   A decision by the Police Chief regarding renewal of the permittee's Police Chief permit may be appealed in the manner provided for in Section 17.63.070. (Ord. 2012-05 § 4 (part), 2012)

   When the applicant has obtained a Police Chief permit, the applicant may apply for a conditional use permit pursuant to Chapter 17.12 of this Code. The applicant shall provide all information requested by the Community Development Director or designee. No use permit application shall be deemed complete until the applicant has shown possession of a valid Police Chief permit for such use. (Ord. 2012-05 § 4 (part), 2012)

   No application for a use permit shall be processed until the applicant provides proof satisfactory to the Community Development Director that the applicant, officer, employee or agent thereof is the owner of record of the real property at which the proposed business will be conducted, or has a lease, license or other entitlement to operate such business at such location and the written consent of the owner of record of such real property. (Ord. 2012-05 § 4 (part), 2012)

   No conditional use permit for firearm sales may be issued for any location which is:

   A.   Within a zoning district in which residential use is the principal permitted or maintained use. Notwithstanding anything to the contrary in this code, home occupation permits for the conduct of any business under this chapter shall be prohibited. The location of such businesses in and around homes is hereby declared a public nuisance. This section is expressly made retroactive to all such businesses operating in such residential zones.

   B.   Within any zoning district other than Regional Commercial (RC), Commercial Mixed Use (CMU), or Office Industrial Mixed Use (OIMU).

   C.   Within 500 feet of the exterior limits of any premises occupied by a public or private day care center or day care home, elementary school, junior high school or high school, whether public or private.

   D.   Within 500 feet of the limits of a public park.

   E.   All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved, except that when a permittee occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.

   F.   Businesses governed by the provisions of paragraphs C and D of this section, which are in full compliance with all local, state and federal laws prior to the effective date of this chapter, including but not limited to zoning and business license laws, shall not be required to obtain a use permit unless such businesses lose their non-conforming use status as provided in Chapter 17.14. Such businesses shall, however, be required to comply with all other provisions of this chapter. (Ord. 2012-05 § 4 (part), 2012)

   All use permits approved by the Planning Commission shall be deemed to contain all of the following terms and conditions, unless otherwise conditioned:

   A.   The possession of a valid Police Chief permit.

   B.   The possession of all licenses and permits required by federal or state laws.

   C.   Compliance with all of the terms and conditions contained in Section 17.63.080.

   D.   Compliance with all of the requirements of the city's Building Code, the Fire Code, and any other technical code or regulation of the city which may govern the use, occupancy, maintenance, construction or design of buildings or structures. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city Building Official or designee demonstrating full code compliance before the applicant may commence business at the premises at issue.

   E.   A method of storage of inventory which is explosive or flammable at the proposed business site shall be in compliance with federal and state law and with the city's Fire Code.

   F.   All other conditions deemed by the Planning Commission to be necessary and proper to protect the public interest and welfare. (Ord. 2012-05 § 4 (part), 2012)

   Any applicant for a Police Chief permit or a conditional use permit under this Chapter shall be deemed to expressly consent and grant to any investigation officials of the city the right to enter the premises for which the Police Chief permit and use permit was obtained, without a warrant, from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing, and health regulations, as well as the provisions of this chapter and all applicable federal, state and local law. Such right to enter and inspect without a warrant shall be deemed a condition of approval of any permit issued under this chapter. (Ord. 2012-05 § 4 (part), 2012)

   If the Police Chief, Building Official, or any other person has reason to believe that the permittee is not in full compliance with any conditions imposed pursuant to this chapter, a report shall be made to the Community Development Director. After an investigation of the facts contained in the report, the Community Development Director may commence proceedings to revoke the use permit pursuant to Chapter 17.10 of this code. (Ord. 2012-05 § 4 (part), 2012)

   Firearm ammunition sales shall comply with those regulations and procedures required for a firearm sales Police Chief permit. (Ord. 2012-05 § 4 (part), 2012)

   The purpose of this chapter is to establish regulations to allow limited business activity to occur at residences where the business activity is clearly incidental to the primary residential use and will not change the neighborhood's residential character or integrity. (Ord. 2010-02 § 1 (part), 2010)

   The regulations and standards contained in this chapter shall apply to all home occupations as defined by Chapter 17.98 (Glossary of Terms) in the city and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting). Pursuant to the requirements of Article II (Zoning Districts, Allowed Uses, and Development Standards), home occupations are permitted in all residential zoning districts, subject to compliance with the standards of this chapter and other relevant requirements of this title. (Ord. 2010-02 § 1 (part), 2010)

   Prior to the establishment of any home occupation, the following requirements must be met.

   A.   Business License. A business license from the city is required for any home occupation consistent with the requirements of this municipal code.

   B.   Plan Check. Plan Check is required as part of business license review. Plan check will be conducted pursuant to Section 17.12.030 (Plan Check).

   C.   Conditions. The approving authority may limit the length of time in order to affect periodic review of the home occupation operations or establish reasonable conditions on the operation of any home occupation to meet the intent of this chapter. No more than two (2) administrative use permits for a home occupation shall be granted per dwelling unit.

   D.   Time Limit. Home occupation permits shall be valid for one (1) year from date of permit issuance. Home occupation permits require annual renewal in conjunction with the required business license for same home occupation. All current requirements and findings for home occupations shall apply at the time of permit review and issuance. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

   The following list provides examples of types of uses allowed as home occupations. Other uses that are similar to those listed and incidental to the primary use may be approved by the designated approving authority.

   A.   Art and craft work (i.e., ceramics, flower arranging, jewelry making, painting, sculpting, photography, etc.).

   B.   Office, including internet business.

   C.   Private lessons such as academic instruction, music, athletics, swimming, arts and crafts.

   D.   Small furniture repair and restoration.

   E.   Tailoring, sewing, and/or alterations.

   F.   Other similar uses that demonstrate a low-profile operation with fewer than three (3) customers visiting the business per day. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

   The following uses shall not in any case qualify as a home occupation:

   A.   Firearm or firearm ammunition sales.

(Ord. 2012-05 § 5 (part), 2012)

   The following performance standards are intended to reduce the impacts of home occupations such that home occupations are not detectable from normal and usual residential activity. All home occupations shall continuously meet the performance requirements listed below, which shall be incorporated as conditions of approval, and any conditions imposed through a city business license.

   A.   Advertising and Display. No displays or signs naming or advertising home occupations shall be permitted on or off the lot containing the home occupation and no advertising shall inform the public of the location of the home occupation (business cards and stationery letterhead are excluded). There shall be no display of products produced by occupants of the dwelling visible from the outside of the dwelling unit.

   B.   Employees. Employment shall be restricted to a maximum of two (2) full-time dwelling unit residents except where the approving authority allows one (1) non-resident employee, upon the findings listed below.

      1.   The employee works under the direction of the dwelling resident and is not an independent or separate business enterprise.

      2.   The employee is necessary to the performance of the home occupation.

      3.   The employee would not require the use of the required parking for the residence or create on-street parking problems in the neighborhood.

      4.   The average residential neighbor would not be aware of the existence of the home occupation, under normal circumstances.

      5.   Additional off-site employees may be employed by the business, but they may not report for work at the lot that contains the home occupation.

   C.   Hours of Operation. The hours of operation during which customers may visit the home occupation shall be between the hours of 7:00 a.m. and 7:00 p.m.

   D.   Number of Home Occupations. One (1) home occupation is allowed at a home where customers may visit the business. Otherwise, there is a limit of one (1) additional home occupation for the residence where no customers may visit the business.

   E.   On-Site Sales. The home occupation shall not involve sale of merchandise other than that produced on the premises (e.g., artist's originals or products individually made to order), or directly related to and incidental to the services offered. Products which are not produced on the premises may be constructed on-site, using equipment normally found in a residence; however, these products may only be sold off-site at a permitted commercial location.

   F.   Primary Residential Use. The use of the residential dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes.

   G.   Operation and Off-Site Effects. No process shall be used which is hazardous to public health, safety, or welfare. The home occupation shall produce no evidence of its existence upon or beyond the premises such as external alterations creating non-residential or unsightly appearance of a structure, noise, smoke, fumes, odors, light, electrical interference, dust, glare, liquid or solid waste, or vibrations. Noise levels shall comply with the city's noise ordinance. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

   H.   Services and Visits. Customer calling on the premises is limited to three (3) visits from customers, patients, clients, students or other person served by the home occupation per day. Further, home occupation services are restricted to those conducted by mail, telephone, or activities wherein the operator picks up and delivers.

   I.   Storage and Waste Materials. There shall be no outside storage of material, equipment, products, or supplies. Hazardous materials may only be stored in amounts below the thresholds as established by the local Fire Department which does not require any special permits or licenses. The home occupation shall dispose of all waste materials or by-products on a regular, timely basis in conformance with applicable garbage collection, fire protection, and public health regulations.

   J.   Structure. The home occupation shall be confined completely within a legal structure and shall not occupy more than one (1) room, or the equivalent of twenty-five percent (25%) of the floor area of a dwelling, whichever is greater, or two hundred (200) square feet of a permitted accessory building. No internal or external alterations for the home occupation shall be made to the dwelling unit that are not customarily found in or to serve residents. Conversion or alteration of a portion of the interior of the residence, garage, or accessory structure that does not result in a loss of off-street parking or adversely alter the exterior appearance of the structure may be allowed through approval of appropriate entitlements and issuance of a building permit.

   K.   Traffic, Vehicles, and Deliveries. Home occupations shall not generate deliveries, pedestrian, or vehicular traffic beyond that which is normal in a residential district. Up to two (2) business related deliveries may be made per week. No more than one (1) truck with a one (1)-ton load capacity or other motor vehicle shall be permitted in conjunction with any home occupation and shall be parked in an adequate off-street parking area. Taxicab, limousine, or pedicab service shall not be on-call and available for service. No vehicle shall be dispatched from the residence. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

   A.   Failure to comply with the home occupation regulations of this chapter, the approving authority may after notice revoke the home occupation approval and/or business license. Such revocation may be appealed to the Planning Commission pursuant to the appeal procedure provided in Section 17.10.070 (Appeals) of this code.

   B.   Upon receipt of a complaint regarding the operation of the home occupation or upon observation of a violation of city ordinances, including any conditions imposed upon the home occupation, the Community Development Director shall determine whether the subject home occupation is in compliance with the requirements of this section. If the use if found not to be in full compliance with the Zoning Code or conditions of approval, the Community Development Director shall have cause to suspend or revoke the home occupation or amend operational conditions.

   C.   Once a home occupation has been revoked, continued practice of the home occupation at that location is no longer permitted and subsequent applications shall not be filed within one (1) year from the date of revocation. (Ord. 2012-05 § 5 (part), 2012; Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to establish regulations to allow massage therapy business activity to occur. Regulations in this chapter are intended to reduce impacts to the degree that its effects so as to minimize any potential adverse effect such uses have on surrounding commercial or industrial uses. (Ord. 2010-02 § 1 (part), 2010)

   The regulations and standards contained in this chapter shall apply to the establishment of any massage therapy businesses as defined in Article II. (Allowed Use Definitions) and shall be in addition to any other development standards and regulations contained elsewhere within the Municipal Code. The establishment of any massage therapy business shall include the opening of such a business as a new business, the relocation of such a business, or the conversion of an existing business location to any massage therapy use. (Ord. 2010-02 § 1 (part), 2010)

   Massage therapy businesses regulated by this chapter shall only be permitted in accordance with Article II. (Zoning Districts, Allowed Uses, and Development Standards) and subject to the special regulations outlined in Section 17.66.040 (Special Standards) of this chapter as determined through administrative Zoning Conformance and as further regulated by Chapter 8.32 Massage Services. These requirements are in addition to other permits of certificates required by law. (Ord. 2010-02 § 1 (part), 2010)

   Prior to the establishment of a massage therapy business, the following requirements shall be met.

   A.   Certification required. All employees must be certified by the appropriate professional organization as described in Chapter 8.32. The operator of such establishment must maintain a register of all persons so employed and their current certification number, which shall be available for inspection at all times during regular business hours as further described in Chapter 8.32.

   B.   Permit posted. A permit approving the massage therapy business, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.

   C.   No person who is granted a permit issued pursuant to this chapter shall operate under any name or conduct his or her business under any designation not specified in his or her permit. (Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to regulate permanent and temporary outdoor display, seating, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. (Ord. 2010-02 § 1 (part), 2010)

   The following outdoor activities shall be subject to the permit requirements as listed below.

   A.   Permanent Outdoor Display and Sales. Permanent outdoor displays and sales shall require approval of Plan Check in accordance with Section 17.12.030 (Plan Check) consistent with the standards of this chapter.

   B.   Temporary Outdoor Display and Sales. Temporary outdoor display and sales shall require the issuance of a temporary use permit in accordance with Section 17.12.070 (Temporary Use Permit). Garage sales are exempt from this requirement, provided that each garage sale complies with the requirements of the Zoning Code and other relevant titles and chapters of the Municipal Code.

   C.   Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a conditional use permit in accordance with Section 17.12.140 (Conditional Use Permit) consistent with the requirements of this chapter.

   D.   Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a temporary use permit pursuant to and consistent with the requirements of Section 17.12.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a temporary use permit.

      1.   Storage of construction materials and equipment as part of an active construction site, provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s).

      2.   Emergency facilities to accommodate emergency public health and safety needs and activities, compliant with the requirements of Chapter 17.62 (Emergency Shelters).

   E.   Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential Zoning Districts, subject to approval of an administrative use permit as established in Section 17.12.060 (Administrative Use Permit) and any other applicable entitlements (e.g., Administrative Design Review, Comprehensive Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this chapter.

      1.   Required findings for approval of outdoor seating. The designated approving authority may issue an administrative use permit in conjunction with the requirements of Section 17.12.060 (Administrative Use Permit) if he or she finds that the proposed outdoor seating would not:

         a.   Encroach into a continuous pedestrian path of travel of at least six (6) feet in width, and would not obstruct pedestrian and wheelchair access;

         b.   Unduly interfere with pedestrian traffic on the sidewalk;

         c.   Unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way; or

         d.   Block or obstruct the view of necessary authorized traffic devices.

      2.   Permit posted. A permit for outdoor seating, or a copy thereof, shall be posted in plain view within the establishment for which the permit has been issued.

      3.   Any authorized outdoor seating shall be subject to additional taxes, permits, or fees as required by law.

   F.   Permittee's Liability. By accepting a permit under this chapter, the permittee explicitly agrees to hold the city, its officers, employees, agents and volunteers harmless from any liability, claims, suits, or actions for any and all damages alleged to have been suffered by any person or property by reason of the permittee's installation, operation, maintenance, or removal of outdoor seating. (Ord. 2010-02 § 1 (part), 2010)

   A.   General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities.

      1.   Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or within designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an encroachment permit in accordance with the requirements of an administrative use permit, pursuant to the requirements of Section 17.12.060 (Administrative Use Permit), or a temporary use permit, pursuant to the requirements of Section 17.12.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required setbacks, public rights-of-way, driveways, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code.

      2.   Hours of operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use.

      3.   Noise. Any noise generated by the outdoor activity shall be consistent with the city's Noise Ordinance.

      4.   Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.52 (Signs), except when the outdoor activity is the primary use (e.g., Christmas tree lot).

      5.   Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six (6) feet, or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area.

   B.   Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities.

      1.   Associated with the primary use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such (e.g., seasonal sales as a temporary use requiring a temporary use permit).

      2.   Maximum area. Unless otherwise authorized by a use permit, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment)are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development requirements are satisfied.

      3.   Time limit for temporary activities. See the requirements of Chapter 17.74 (Temporary Uses) for duration and permit requirements for temporary promotional sales.

      4.   Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees, etc.) shall not exceed a height of six (6) feet above finished grade, unless a greater height is allowed through use permit approval.

   C.   Standards for Outdoor Storage. The following development standards shall apply to all permanent and temporary outdoor storage activities.

      1.   Location. Outdoor storage may not be located within any required front or street side yard for the applicable zoning district within which the activity is located.

      2.   Height limitation. The height of stacked materials and goods shall be no greater than that of any building, wall, fence, or gate enclosing the storage area, unless specifically stated as a development standard associated with a use.

      3.   Screening. Screening of outdoor storage shall be consistent with Section 17.42.050 (Special Fence, Wall and Screening Requirements).

      4.   Parking. Parking for permanent outdoor storage shall be provided as required in Chapter 17.48 (Parking).

   D.   Requirements for Outdoor Seating. The following development standards shall apply to all permanent outdoor seating.

      1.   Permittee to ensure maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating, including any design requirements hereafter enacted, from the building frontage to the curb.

      2.   Permittee to ensure compliance. The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws including laws against blocking the public right-of-way, health and safety laws, public cleanliness laws, and laws regulating sale and public consumption of alcohol.

      3.   If conflict exists or is created between city and outdoor seating. When any outdoor seating authorized hereunder is found to be in conflict with existing or proposed facilities or improvements owned, maintained, or operated by the city, or any existing or proposed city design plans, such placement shall, upon written demand of the City Manager, be removed or relocated in such a way as to eliminate the conflict, and said removal or relocation shall be at the sole expense of the permittee. Should the permittee fail to comply with said written demand within a reasonable period of time, the city may cause such relocation of the placement at the expense of the permittee. Any such non-compliance shall also be a violation of this title.

      4.   Parking. When the Community Development Director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, he or she may require off-street parking for the outdoor area devoted for the outdoor seating at the rate required for interior floor area for food service establishments in the zoning district. (Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to establish procedures for reviewing the placement of accessory dwelling units and junior accessory dwelling units in residential and mixed-use zoning districts, address the state's accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU) requirements, as set forth in California Government Code§§ 66310 to 66342, provide a pathway for amnesty for unpennitted JADUs and ADUs, and implement the general plan policies which encourage more affordable rental housing, while maintaining the quality of existing residential neighborhoods.

(Ord. 2025-01 § 2 (part), 2025; Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   The regulations and standards contained in this chapter shall apply to all new accessory dwelling units (ADU) and junior accessory dwelling units (JADU) in the city, including previously unpermitted ADUs and junior accessory dwelling units (JADU) in the city, including previously unpermitted ADUs and JADUs constructed prior to January 1, 2020, that are legalized, and shall be in addition to any other development standards and regulations contained elsewhere within Title 17 Zoning Code that apply to primary dwelling units (e.g., lighting). ADUs are permitted on all lots zoned to allow single-family and multi-family residences that have an existing or proposed single-family or multi-family residence. JADUs are permitted on lots with an existing or proposed single-family residence. For the purposes of this title, ADUs and JADUs are not considered accessory structures as otherwise regulated in Chapter 17.30.

(Ord. 2025-01 § 2 (part), 2025; Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   A.   Application Review.

      1.   All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) require review and approval through the plan check process, pursuant to the requirements of Section 17.12.030 (Plan Check).

         a.   Applications for ADUs and JADUs shall be ministerially reviewed by the City within sixty (60) days from the date a completed application is received if there is an existing single-family or multifamily dwelling on the lot.

         b.   If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling. The application to create the ADU or JADU shall still be considered ministerially without discretionary review or a hearing.

   B.   All applications for ADUs and JADUs shall include, but are not limited to, the following:

      1.   A completed building permit application;

      2.   Proof of ownership of the property or permission from the property owner;

      3.   Site plan showing the location of any and all easements, structures, parking for both the primary and accessory dwelling units, other improvements, and trees over four (4) inches in diameter;

      4.   Floor plan showing the square footage of the structure, the floor area, the lot, and the percentage of the lot area covered by the foundations of the accessory and primary dwelling units;

      5.   Elevations showing all sides of the ADU or changes being made to the single-family home in order to add an ADU or JADU;

      6.   Colors and materials board, or aesthetic details noted in plan sets;

      7.   Such other information which the Community Development Director determines is necessary to evaluate the proposed project.

      8.   Address assignment application for the proposed unit.

      9.   Permit applications required by the Public Works Department to serve the proposed unit, which may include but is not limited to sewer lateral and encroachment permits.

(Ord. 2025-01 § 2 (part), 2025; Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   An accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) shall meet all of the applicable zoning regulations for the specific zoning district in which it is located, except as provided in this chapter. An ADU or JADU that conforms to the requirements of this chapter, and any other applicable development standards and regulations contained in Title 17 Zoning Code, shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed a residential use which is consistent with the existing general plan and zoning designations for the lot. Correction of nonconforming zoning conditions shall not be required as a condition for ministerial approval of a permit application for the creation of an ADU or JADU. Notwithstanding the following performance standards for ADUs and JADUs, and the requirements of the underlying zoning districts, the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the class of ADUs and JADUs specified under California Government Code § 66323 and in accordance with the criteria and requirements provided therein.

   A.   Unit Types and Facilities.

      1.   Accessory Dwelling Unit (ADU).

         a.   An ADU shall consist of complete independent living facilities including permanent facilities for sleeping, living, eating, cooking, and sanitation. The ADU shall include independent heating and cooling controls, its own kitchen and sink and standard built-in or freestanding appliances, its own bathroom with bathtub or shower, and a separate exterior entrance.

         b.   The ADU may either be within an existing structure, attached to the primary dwelling, or detached from the primary dwelling.

      2.   Junior Accessory Dwelling Unit (JADU). A JADU shall consist of a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

   B.   Maximum Number of ADUs and JADUs. Any of the following shall be permitted in a residential or mixed-use zone:

      1.   One (1) ADU and one(1) JADU per lot with a proposed or existing single-family dwelling.

      2.   Within existing multi-family dwelling structures, a number of ADUs based on twenty-five percent (25%) of the number of existing multi-family dwelling units, with a minimum of one (1) ADU allowed, if all of the following apply:

         a.   The unit is within the 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.

         b.   The unit complies with state building standards for dwellings.

      3.   Multiple ADUs, not to exceed either of the numbers established below, that are located on a lot that has a multi-family dwelling, but are detached from that multi-family dwelling and are subject to height limits and rear and side yard setbacks under this chapter.

         a.   On a lot with an existing multi-family dwelling, not more than eight (8) detached accessory dwelling units. However, the number of accessory dwelling units allowable pursuant to this clause shall not exceed the number of existing units on the lot; or

         b.   On a lot with a proposed multifamily dwelling, not more than two (2) detached accessory dwelling units.

   C.   Development Standards and Requirements for Accessory Dwelling Units.

      1.   Maximum floor area for attached or detached ADUs.

         a.   Fifty percent (50%) of the existing living area of the primary dwelling unit, with a limit of eight hundred fifty (850) square feet for an ADU with one or fewer bedrooms or one thousand (1,000) square feet for an ADU with two (2) or more bedrooms.

         b.   Where fifty percent (50%) of the existing living area does not allow for an eight hundred (800) square foot ADU, an ADU of up to eight hundred (800) square feet may be allowed;

      2.   Setbacks.

         a.   New ADUs shall have a minimum setback of four (4) feet from the side and rear property lines, and setbacks shall be sufficient for fire and safety;

         b.   No setback shall be required for an existing legal structure that is converted to an ADU;

         c.   Detached ADUs shall not be less than six (6) feet from the primary dwelling unit, except if this would prohibit the construction of an eight hundred (800) square foot ADU with four (4) foot rear and side setbacks;

         d.   No setback shall be required for an ADU constructed within an existing legal structure, or in the same location and to the dimensions of an existing legal structure. Such ADUs may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.

      3.   Height.

         a.   Detached ADUs shall not exceed sixteen (16) feet in height, unless the ADU is located within an existing structure.

            i.   The maximum allowable height shall be eighteen (18) feet if the lot is within a half-mile walking distance of a transit stop or high quality transit corridor, as defined in Section 21155 of the California Public Resources Code;

            ii.   The maximum allowable height shall be eighteen (18) feet if the detached ADU is located on a lot with a multistory, multi-family building.

         b.   Attached ADUs shall not exceed the maximum allowable height of the zoning district.

      4.   Exterior Access and Design.

         a.   The ADU shall have its own exterior access.

         b.   Any exterior stairs to a second story attached ADU shall be located behind the residence. If location behind the residence is not possible due to site constraints, the project shall include at least one of the following features to obscure visibility from the public right-of-way; incorporate screening into the architectural design; addition of trees or landscaping as screening; and/or use of colors on the stairway that match those used on the structure where the stairs are attached to minimize contrasts.

         c.   Attached ADUs shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.

         d.   No passageway shall be required in conjunction with the construction of an ADU. A passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU.

      5.   Location. Detached ADUs shall be constructed at the rear or side of an existing single-family residence and not be constructed in front of the primary dwelling unit.

      6.    Rentals. Any rental of ADUs must be for terms longer than thirty (30) days.

   D.   Development Standards and Requirements for Junior Accessory Dwelling Units.

      1.   The JADU shall be constructed within the walls of the proposed or existing single-family residence and shall not exceed five hundred (500) square feet.

      2.   The owner shall occupy the primary residence or JADU.

      3.   The JADU shall include a separate entrance from the main entrance to the proposed or existing single-family residence.

      4.   The JADU may include separate sanitation facilities or may share sanitation facilities with the existing structure.

      5.   The JADU shall include an efficiency kitchen, which shall include all of the following:

         a.   A cooking facility with appliances.

         b.   A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

      6.   Modifications to the exterior of the residence in order accommodate a proposed JADU shall use exterior colors, materials, and architectural details that match the appearance of existing corresponding features on the residence.

   E.   Parking and Vehicle Access.

      1.   The ADU shall be provided with one (1) additional off-street parking space per ADU or bedroom, whichever is less. However, no additional parking spaces shall be required for an ADU which is:

         a.   Part of the existing or proposed primary residence or an existing accessory structure;

         b.   Located within one-half mile of a public transit stop;

         c.   Located within an architecturally and historically significant historic district;

         d.   Is located within one (1) block of a car share vehicle; or

         e.   In a location where on-street parking permits are required, but not provided to the occupant of the ADU.

      2.   Replacement parking shall not be required where 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.

         a.   A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time. An applicant shall not be required to post any written notice or placards for demolition of a detached garage that is to be replaced with an ADU, where posting of such written notice or placard may otherwise be required.

      3.   The parking spaces required for the accessory dwelling unit can be in tandem to the required parking of the primary dwelling unit, as tandem parking on a driveway, may be uncovered, and/or can be located within the front setback if it can be demonstrated that no other option exists. Such parking is allowed unless specific findings that are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

      4.   The ADU shall utilize the same vehicular access that serves the primary dwelling unit. If the parcel is a through lot, access for both the single-family home and the ADU shall be limited to one (1) point or side of the lot for both dwelling units.

      5.   No additional parking spaces shall be required for a JADU.

   F.   Construction, Utilities, Connections, and Impact Fees.

      1.   The ADU shall meet all applicable building and construction requirements as adopted by the city that apply to the construction of single-family detached dwellings, including but not limited to sewer and utility services, as appropriate and unless otherwise exempt by state law.

      2.   An ADU shall be served by public water and sewer and shall have access to an improved street.

      3.   An ADU is not considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

      4.   An ADU is not required to provide fire sprinklers if they are not required for the primary residence. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

      5.   An ADU within a primary dwelling unit or an existing accessory structure is not required to install a new or separate utility connection directly between the ADU and the utility or impose a related connection fee or capacity charge, unless the ADU was constructed with a new single-family home or upon separate conveyance of the ADU.

      6.   JADU Regulations Related to the Primary Residence.

         a.   For the purposes of providing service for water, sewer, or power, including a connection fee, a JADU is not considered a separate or new dwelling unit from the single-family residence. Service or connection fees for water, sewer, or power established by ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.

         b.   A JADU is not considered a separate or new dwelling unit for the purposes of fire and life protection ordinances. Fire and life protection ordinances and regulations that uniformly apply to all single-family residences shall apply to a single-family residence that contains a JADU.

         c.   A permit to create a JADU shall not be denied due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that arenot affected by the construction of the JADU.

      7.   Impact fees shall not be charged for ADUs less than seven hundred fifty (750) square feet. Any impact fees charged for an ADU of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

   G.   Operations.

      1.   Separate Sales.

         a.   A JADU shall not be sold or conveyed separately from the primary dwelling unit.

         b.   An ADU shall not be sold or conveyed separately from the primary dwelling unit, except:

            i.   The ADU or the primary dwelling was built or developed by a qualified nonprofit corporation, and the proposal meets the requirements of California Government Code Section 66340 to 66341.

            ii.   As otherwise mandated by the California Government Code, or as otherwise allowed if a local ordinance is adopted to provide for the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums beyond what is described in subsection i.

      2.   Rental Term. An ADU shall only be rented for rental terms longer than thirty (30) days.

      3.   Occupancy. If a project proposes a JADU, the owner of the property shall live in either the primary residence or JADU.

(Ord. 2025-01 § 2 (part), 2025; Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2 (part), 2017; Ord. 2010-02 § 1 (part), 2010)

   The city may, subject to the availability of funds and approval of the City Council, allow any applicable city development impact fees for accessory dwelling units to be paid from the city's available affordable housing fund for any new accessory dwelling unit rented to eligible very low and low income households after recording a Housing Affordability Control Agreement, subject to the review and approval of the City Attorney that shall run with the property for fifty five (55) years. Owners of accessory dwelling units affordable to very low income households shall be eligible for complete reimbursement of city development impact fees upon recordation of the Affordability Control Agreement. Owners of accessory dwelling units affordable to low income households shall be eligible for reimbursement of seventy-five percent (75%) of the city development impact fees based on the available balance of the city's affordable housing fund established by the City Council for this purpose. Maximum annual rents, adjusted for accessory dwelling unit household size, shall be calculated by the City Manager or his/her designee annually based on published Contra Costa County income limits provided by the State Department of Housing and Community Development. Any reimbursement payment shall be repaid, along with five percent (5%) monthly interest charge, as well as the city's housing affordability monitoring expenses if an affordability control agreement is violated during the affordability period.

(Ord. 2020-04 § 2, 2020; Ord. 2017-08 § 2, 2017)

   A.   Definitions. For the purposes of this section, "unpermitted junior/accessory dwelling units" shall mean JADUs and ADUs built without prior approval pursuant to the requirements of Section 17.12.030 (Plan Check).

   B.   Eligibility and Owner Rights. The owner of an unpermitted junior/accessory dwelling unit has a right to request:

      1.   Amnesty from any violation of a performance standard in PMC Section 17.70.040 if the unpermitted junior/accessory dwelling unit was constructed prior to January 1, 2020; and

      2.   Delay in enforcement of the Building Code, and local amendments thereof, as adopted under PMC Title 15 if the unpermitted junior/accessory dwelling unit was built prior to the effective date of this section. To qualify for amnesty or enforcement delay, owners must submit an application as prescribed by the Community Development Director or their designee.

   C.   Application Process.

      1.   Amnesty JADU/ADU. The owner of an unpermitted junior/accessory dwelling unit that can provide suitable proof that said unit was constructed prior to January 1, 2020, may submit an Amnesty JADU/ADU Permit application in the form and manner prescribed by the Community Development Director or their designee. Suitable proof includes but is not limited to:

         a.   Assessor's records:

         b.   Rental contracts and/or receipts;

         c.   Income tax records;

         d.   Utility bills;

         e.   Contractor's bills; and/or

         f.   Written affidavits from former owners, tenants, or neighbors, signed and notarized under penalty of perjury.

      2.   Enforcement Delay. Owners may request a delay in enforcement for Building Code violations for units built prior to the effective date of this section in the form and manner prescribed by the Community Development Director or their designee. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety. The Community Development Director or their designee shall grant the owner's Building Code enforcement delay request unless the Community Development Director or their designee makes a finding that correcting the violation is necessary to comply with conditions that would otherwise deem a building "substandard" housing as defined by California Health and Safety Code Section 17920.3. Any future violations by owners or tenants will result in revocation of the delay.

      3.   Sewer Lateral Compliance. Owners applying for ADU Amnesty shall demonstrate compliance with the city's sewer lateral inspection program.

   D.   Fees and Administrative Costs. Applicants shall pay administrative fees, established by City Council resolution, to process Amnesty JAOU/AOU Permit applications and enforcement delay requests.

   E.   City Support and Resources. To support a pathway to amnesty and increase program participation, the City shall provide:

      1.   Accessible public information regarding:

         a.   The conditions that constitute substandard housing under California Health and Safety Code Section 17920.3; and

         b.   The right of property owners to obtain a confidential, third-party inspection from a licensed contractor before submitting an Amnesty ADU/JADU Permit application.

      2.   An online self-assessment checklist for owners of unpermitted junior/accessory dwelling units interested in pursuing an Amnesty JADU/ADU Permit.

      3.   Free and confidential staff consultations to discuss amnesty options.

   F.   Enforcement Actions.

      1.   Notice and Compliance Requirements. When issuing notices of violation for unpermitted junior/accessory dwelling units built before the effective date of this section, the city shall, until January 1, 2030. include a statement of the owner's rights to:

         a.   Request amnesty for performance standard violations in PMC Section 17.70.040 for units established and occupied before January 1, 2020;

         b.   Request a delay in enforcement of the Building Code and related local amendments for units built before the effective date of this section;

         c.   Hire a licensed contractor to conduct a confidential third-party inspection before submitting an Amnesty JADU/ADU Permit application to the city.

      2.   Penalties. Penalties related to zoning or building violations shall be waived during the amnesty and enforcement delay periods. The burden of proof lies with the applicant to demonstrate the date of establishment and occupancy or construction of the unit.

   G.   Sunset Provisions.

      1.   Applications for Amnesty JADU/ADU Permits and enforcement delays will not be approved after January 1, 2030.

      2.   No enforcement delays shall extend beyond January 1, 2035, at which point this section shall be repealed. (Ord. 2025-01 § 2 (part), 2025)

   The purpose of this chapter is to establish procedures and standards for reviewing urban lot split and unit development projects proposed under the provisions of Senate Bill 9 (SB 9), as set forth in California Government Code §§ 65852.21 and 66411.7. (Ord. 2025-01 § 2 (part), 2025)

   The regulations and standards contained in this chapter shall apply to projects proposing to use the provisions of SB 9 to create a unit, urban lot split, or both, and shall be in addition to any other applicable development standards and regulations contained elsewhere within Title 17 Zoning Code. Projects proposed under SB 9 shall meet eligibility criteria established in this chapter, consistent with California Government Code §§ 65852.21 and 66411.7. This chapter does not apply to construction of accessory dwelling units and junior accessory dwelling units under Chapter 17.70. (Ord. 2025-01 § 2 (part), 2025)

   For the purposes of this chapter, the following definitions apply to projects proposing an urban lot split or unit development under the provisions of SB 9.

   A.   Single-Family Residential Zoning District. Single family residential zoning districts, for the purposes of this chapter, include Low Density Residential (LDR) and Suburban Residential (R-1).

   B.   Unit Development. The development of a primary dwelling unit, subject to the standards and requirements of this chapter.

   C.   Urban Lot Split. A subdivision of one parcel located in a single family residential zoning district into two (2) parcels, subject to the standards and requirements of this chapter.

   D.   High-quality Transit Corridor. As defined in subdivision (b) of Section 21155 of the California Public Resources Code, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than fifteen (15) minutes during peak commute hours.

   E.   Major Transit Stop. As defined in Section 21064.3 of the California Public Resources Code, a major transit stop means a site that contains any of the following: (a) an existing rail or bus rapid transit station; (b) a ferry terminal served by either a bus or rail transit service; or (c) the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

   F.   Specific, Adverse Impact. As defined in Section 65589.5(d)(2), specific, adverse impact means 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. The following shall not constitute a specific, adverse impact upon the public health or safety:

      1.   Inconsistency with the zoning ordinance or general plan land use designation.

      2.   The eligibility to claim a welfare exemption under subdivision (q) of Section 214 of the Revenue and Taxation Code. (Ord. 2025-01 § 2 (part), 2025)

   A.   General Criteria. Projects for a proposed urban lot split or unit development are required to meet the general eligibility criteria provided below:

      1.   Single Family Residential Zoning District. The parcel must be located in a single family residential zoning district.

      2.   Not Withdrawn from Rental. The property is not a parcel where the owner had withdrawn accommodations from rent or lease (as a residential hotel), under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1, within the last fifteen (15) years.

      3.   Not Historic. The property is not listed as a historic property or in a historic district under local or state register of historic resources.

   B.   Urban Lot Split Criteria. Projects for a proposed urban lot split are required to meet additional eligibility criteria provided below:

      1.   Previous Urban Lot Split Limitations. An urban lot split may be conducted only where all of the following applies:

         a.   The parcel has not been established through a prior SB 9 urban lot split.

         b.   Neither the owner nor any person acting in concert with the owner has subdivided an adjacent parcel through a prior SB 9 urban lot split.

      2.   Limitations on demolition or alteration of certain existing housing:

         a.   No demolition or alteration of housing with a recorded affordability restriction.

         b.   No demolition or alteration of housing under rent or price control.

         c.   No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

   C.   Unit Development Criteria. Projects for a proposed unit development are required to meet additional eligibility criteria provided below:

      1.   Floor Area. Units shall be consistent with maximum unit sizes established under this chapter.

      2.   Limitations on demolition or alteration of certain existing housing:

         a.   No demolition or alteration of housing that is subject to a recorded covenant ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

         b.   No demolition or alteration of housing under rent or price control.

         c.   No demolition or alteration of housing that has been occupied by a tenant in the last three (3) years.

   D.   Locational Limitation Criteria. Projects shall not be located on a site that is any of the following, consistent with California Government Code Section 65913.4(a)(6)(B) to 65913.4(a)(6)(K):

      1.   Prime Farmland or Farmland of Statewide Importance. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

      2.   Wetlands. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

      3.   Very High Fire Hazard Severity Zone. Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the California Public Resources Code.

         a.   This does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development including, but not limited to, standards established under all of the following or their successor provisions: (i) Section 4291 of the California Public Resources Code or Section 51182, as applicable; (ii) Section 4290 of the California Public Resources Code; (iii) Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

      4.   Hazardous Waste Site. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless either of the following apply:

         a.   The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the California Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.

         b.   The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the California Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.

      5.   Earthquake Fault Zone. Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

      6.   Flood Hazard Zone. Within a special flood hazard area subject to inundation by the one percent (1%) annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this division if either of the following are met:

         a.   The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.

         b.   The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

      7.   Floodway. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this division and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement standard, or action adopted by that local government that is applicable to that site.

      8.   Conservation Land. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

      9.   Habitat for Protected Species. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec.1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

      10.   Conservation Easement Lands under a conservation easement. (Ord. 2025-01 § 2 (part), 2025)

   A.   Application Approval Consideration.

      1.   Applications for urban lot splits and unit development meeting the standards and requirements of this chapter shall be ministerially approved without public hearings or discretionary review.

      2.   Applications under this chapter shall be approved or denied within sixty (60) days from the date the Planning Division receives a completed application, consistent with the provisions of California Government Code Section 65852.21 and 66411.7.

         a.   If an application is denied, the Planning Division shall provide the applicant a full set of written comments with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

   B.   Urban Lot Split Application. The applicant shall submit an application for a proposed urban lot split to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this chapter and the Subdivision Map Act (commencing with California Government Code Section 66410). An application that meets the standards and requirements under this chapter and all applicable objective requirements of the Subdivision Map Act shall be approved ministerially. Notwithstanding anything in this Code to the contrary, such approval shall be granted by the City Engineer, and shall not require approval from the Planning Commission or City Council.

   C.   Unit Development Application. The applicant shall submit an application for the design of a proposed unit to the Planning Division for ministerial review to verify consistency with eligibility criteria under SB 9, required application checklist items, and compliance with standards and requirements under this chapter. An application that meets the standards and requirements under this chapter shall be approved ministerially by the Zoning Administrator.

   D.   Tree Removal in Conjunction with Applications. The removal of any protected tree in conjunction with construction proposed under the provisions of this chapter shall require a tree removal permit notwithstanding the requirements of Chapter 17.96 Tree Removal, a tree removal permit application shall be processed ministerially at the staff level and concurrently with an application proposed under this chapter. (Ord. 2025-01 § 2 (part), 2025)

   A.   General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two (2) units of at least eight hundred (800) square feet on the parcel(s).

   B.   Total Lots. An urban lot split conducted under the provision of this chapter shall result in no more than two (2) lots.

   C.   Total Units per Lot. No more than two (2) total units, inclusive of primary dwelling units. accessory dwelling units, and junior accessory dwelling units, may be located on each parcel created through the urban lot split.

   D.   Lot Sizes.

      1.   Each parcel shall be a minimum of one thousand two hundred (1,200) square feet.

      2.   A parcel may be no smaller than forty percent (40%) of the original parcel size and no larger than sixty percent (60%) of the original parcel size.

   E.   Setbacks.

      1.   Each parcel shall allow for minimum side and rear setbacks that are minimum four (4) feet. Parcels with a front lot line shall provide for a front setback that is a minimum of twenty (20) feet. except as otherwise allowed per Chapter 17.56 Yard and Setback Regulations.

      2.   No setback required for an existing structure or a structure constructed in the same location with the same dimensions.

   F.   Access to Streets and Services.

      1.   Parcels created through the urban lot split shall have access to, provide access to, or adjoin the public right-of-way.

         a.   Access shall meet objective design standards for circulation, pedestrian and vehicular access, or driveways, as may be applicable.

      2.   Project may be required to establish easements if required by the city for the provision of public services and facilities, as provided under California Government Code Section 66411.7(e).

   G.   Parking.

      1.   A minimum of one off-street parking space shall be required per unit, except for the following:

         a.   The parcel is located within a half mile of a high-quality transit corridor or major transit stop; or

         b.   The parcel is located within one block of a car share vehicle.

      2.   Parking may be provided in any configuration on the parcel, including in the driveway, provided the project complies with the following requirements:

         a.   Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.

         b.   Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.

   H.   Ongoing Requirements.

      1.   Residential Use. Primary uses on lots created through an urban lot split under this chapter are limited to residential uses.

      2.   Occupancy. The property owner must intend to occupy one of the units as their principal residence for a minimum of three (3) years from the date of urban lot split approval. Except, such occupancy is not required for community land trusts or qualified nonprofit corporations. as provided by California Government Code Section 66411.7.

         a.   As part of the application, the owner shall submit a signed affidavit stating that they intend to occupy one of the housing units on the site as their principal residence for a minimum of three (3) years from the date of the approval of the urban lot split.

      3.   No Short-Term Rentals. Rental of any units created through SB 9 are required to be for terms longer than thirty (30) days. (Ord. 2025-01 § 2 (part), 2025)

   A.   General Development Standards. The project shall be consistent with the standards of the zoning district applicable to the site, except as provided under this chapter.

   B.   Total Units.

      1.   Up to two (2) primary units per parcel may be created through the provisions of this chapter. Additionally, a project may not result in more than two (2) primary units per parcel.

   C.   Setbacks.

      1.   Front setback. On a parcel with a front lot line separating the lot from a street, the front setback shall be a minimum of twenty (20) feet or as otherwise allowed per Chapter 17.56 Yard and Setback Regulations, unless such setbacks would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

      2.   Side setback. The side setback shall be a minimum of four (4) feet.

      3.   Rear setback. The rear setback shall be a minimum of four (4) feet.

      4.   Setbacks from Other Structures. The minimum distance between structures on the same parcel shall be six (6) feet, unless this would physically preclude the construction of the unit(s) or preclude the unit(s) from being at least eight hundred (800) square feet.

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

   E.   Parking.

      1.   A minimum of one off-street parking space shall be required per unit, except no minimum parking shall be required for the following:

         a.   The parcel is located within one-half mile walking distance of a high-quality transit corridor or major transit stop; or

         b.   The parcel is located within one block of a car share vehicle.

      2.   Parking may be provided in any configuration on the parcel. including in the driveway, provided the project complies with the following requirements:

         a.   Parking design and dimensions are consistent with the standards under Chapter 17.48 Parking and Loading Requirements.

         b.   Parking does not obstruct pedestrian or vehicular access to other units and parking spaces.

   F.   Ongoing Requirements.

      1.   No Short-Term Rentals. Rental of units created through SB 9 are required to be for terms longer than thirty (30) days.

   G.   Objective Design Standards. Projects shall be consistent with the development standards of the zoning district applicable to the site, except as provided under this chapter. Except for the standards set forth in this chapter, no development standards shall apply if they would have the effect of physically precluding the construction of two (2) units of at least eight hundred (800) square feet on the parcel(s). (Ord. 2025-01 § 2 (part), 2025)

   Prior to building permit final, all property owners of record shall sign and record a Declaration of Restrictions with the County Recorder in a form satisfactory to the Zoning Administrator consenting to the operations and requirements described in this chapter and as otherwise permitted by state law. An urban lot split or unit development shall be found to be in non-compliance with the Zoning Code if the city finds the Declaration of Restrictions has been breached. (Ord. 2025-01 § 2 (part), 2025)

   If any portion of this chapter conflicts with applicable state law, state law shall supersede this section. Any ambiguities in this section shall be interpreted to be consistent with state law. (Ord. 2025-01 § 2 (part), 2025)

   Consistent with state policy to promote the use of solar energy systems and to limit obstacles to their use, the purpose of this chapter is to encourage the development and use of active and passive solar energy strategies, including the use of sunlight for heating water and air in homes and for providing a renewable source of energy for all properties. (Ord. 2010-02 § 1 (part), 2010)

   The requirements contained in this chapter are guidelines that apply to all solar energy systems in addition to any other development requirements contained elsewhere within the Zoning Code (e.g., building height). Solar energy systems are permitted by right in all zoning districts subject to approval of a building permit, plumbing permit, and/or electrical permit issued by the Building Official. (Ord. 2010-02 § 1 (part), 2010)

   The guidelines below assist property owners and residents in the optimum development of solar energy systems. Refer to state law for mandatory state requirements.

   A.   Building-Mounted Solar Energy Systems - Construction Guidelines.

      1.   Consider designing at least one (1) section of roof with at least three hundred (300) square feet of uninterrupted space for the installation of solar energy systems. This space should be free of any skylights, equipment, parapets, or other structural obtrusion. This area of roof should be south-facing and free of shading.

      2.   Consider using an architectural style with flat roofs that would be conducive to the use of solar energy systems. Styles such as Italianate and some neo-classical architectural styles commonly include flat roofs. Parapet roofs can also be easily designed to support solar facilities.

   B.   Building Mounted Solar Energy Systems; Building Orientation. Buildings should be located to maximize energy efficiency through the creation of optimal conditions for the use of both passive and active solar strategies. Such strategies include, but are not limited to, the following:

      1.   Buildings should be oriented such that one (1) axis of each building is at least one and one half (1.5) times longer than the other and such that the longer axis is within fifteen (15) degrees of the geographical east/west axis. Projects or sites with more than one (1) building should be oriented such that at least seventy-five percent (75%) or more of all buildings satisfy these standards.

      2.   Projects or sites with more than one (1) building should be designed such that for seventy-five percent (75%) or more of the project's blocks, one (1) axis of each block is within fifteen (15) degrees of geographical east/west and the east/west length of each block is at least as long as, or longer than, the north/south length of the block.

      3.   The south-facing walls of buildings should not be more than twenty-five percent (25%) shaded, as measured at noon on December 21.

   C.   Shading. Buildings, landscaping, vegetation, fences, and other solar screens should be located and sited to the minimum extent possible so that they do not preclude or discourage the use of solar energy on-site and for adjacent properties and buildings. Consideration should be given to the mature height of trees and other landscaping. Where necessary, the Community Development Director may require submission of a map showing shadows cast by solar screens, including landscaping and vegetation at maturity, for 12:00 p.m. noon on December 21. Vegetation shading solar energy systems shall be removed in accordance with Public Resources Code Section 25980 et seq., which governs solar shading. (Ord. 2010-02 § 1 (part), 2010)

   The purpose of this chapter is to establish regulations for uses of private property that are temporary in nature. These requirements place restrictions on location and duration, and create standards to minimize potential impacts of the temporary use on surrounding property and ensure the general health, safety, and welfare of persons residing within the community. (Ord. 2010-02 § 1 (part), 2010)

   A.   Temporary Use Permit Required. Except as otherwise provided in the Zoning Code, the temporary uses listed in this chapter shall require the issuance of a temporary use permit from the designated approving authority prior to establishment of the use. The process for accepting, reviewing, and approving or denying a temporary use permit shall be as described in Section 17.12.070 (Temporary Use Permit). Additionally, the designated approving authority may impose conditions on the approval of a temporary use consistent with the standards of Section 17.12.070 (Temporary Use Permit). This permit shall be subject to internal review by any/all departments necessary, as determined by the Community Development Director.

   B.   Option for Conditional Use Permit. Applicants seeking a temporary use permit for a time period longer than otherwise allowed by this chapter may submit for a conditional use permit for said activity, provided that it complies with all other relevant development and operational standards (other than time duration) for the use as provided in this chapter. Approval of the conditional use permit shall be in accordance with the standards of Section 17.12.140 (Conditional Use Permits).

   C.   Exempt Temporary Uses. The following temporary uses are exempt from the entitlement requirements of this chapter, provided that they comply with the development standards listed herein.

      1.   Garage sales are permitted on any parcel where the garage sale operator resides.

      2.   Garage sales may not exceed four (4) sales per calendar year and two (2) consecutive days for each garage sale. (Ord. 2010-02 § 1 (part), 2010)

   The following temporary uses may only be established after first obtaining a valid temporary use permit as described in Section 17.12.070 (Permit Requirements).

   A.   Construction yards and storage sheds, which are to be used for a period of more than three (3) months, for the storage of materials and equipment used as part of a construction project provided a valid building permit has been issued and the materials and equipment are stored on the same site as the construction activity. Such activity shall be visually screened from the public right-of-way through fencing or other visual screening. The applicant shall provide and implement a security plan to the satisfaction of the city Police Chief. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.

   B.   Special one (1) day events such as grand openings, holiday flower sales, fruit and vegetable sales, and other special retail sales, as well as ground breaking ceremonies. The applicant shall provide and implement a site plan to the satisfaction of the city. The site shall be kept reasonably free of clutter and shall not constitute a public nuisance.

   C.   Expositions, concerts, clinics, amusement rides, and flea markets may be conducted for a period not to exceed ten (10) days within a calendar year (either consecutive or intermittent). The use must be located in a district other than residential or shall be under the direction/supervision of a public agency or an organization, church, or school use in any district. Also, temporary uses of a similar nature when located within an entirely enclosed building are exempt from the permit requirement.

   D.   Carnivals, circuses, and fairs are governed by the regulations in Chapter 5.36 of the Municipal Code.

   E.   Outdoor sales and display of goods, including promotional sales, may be conducted as part of an otherwise lawfully permitted or allowed permanent commercial use, provided that all activities are conducted within the buildable portion of the lot. For new business with a valid business license, such outdoor sales and displays of goods shall be limited to a maximum thirty (30)-day period within the first one hundred and eighty (180) days after that business is established. Existing businesses shall be limited to a maximum of three (3) periods totaling a maximum of thirty (30) days within a given year. Sales and displays may not occupy more than ten percent (10%) of the parking area for that business and shall not substantially alter the existing circulation pattern of the site. Temporary sales and displays shall not obstruct any existing disabled accessible parking space.

   F.   Seasonal sales (e.g., Christmas tree sales, pumpkin sales) may be permitted in any non-residential zoning district upon issuance of a temporary use permit. The term of the temporary use permit shall not exceed sixty (60) days per seasonal sales location per calendar year. The seasonal merchandise shall not utilize required parking spaces dedicated to other uses.

   G.   Temporary sales and construction offices used for the sale of lots and/or homes as part of a new residential subdivision may be permitted. In addition, conditions of approval regulating the hours of operation, landscaping, or other aspects of operation may be imposed as part of the temporary use permit as deemed necessary. (Ord. 2010-02 § 1 (part), 2010)

   When a temporary use is not specifically listed in this chapter, the Community Development Director shall determine whether the proposed temporary use is similar in nature to permitted uses(s) in Article II (Zoning Districts, Allowed Uses, and Development Standards), and, if approved, shall establish the term and make necessary findings and conditions for the particular proposed temporary use, consistent with the requirements for interpretation in Chapter 17.06 (Interpretation). (Ord. 2010-02 § 1 (part), 2010)

   It is the purpose and intent of this chapter to establish development standards for regulating the placement and design of commercial wireless telecommunication facilities in order to preserve and to protect the visual character of Pinole from any adverse environmental effects of wireless telecommunication facilities; to ensure against the creation of visual blight on the city's major or minor ridgelines, protected areas, and view corridors as identified on the Visual resources map (Figure 10.4) of the general plan; to protect the environmental resources of the city; and to protect the citizens of Pinole from any possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation) to the extent permitted by the Federal Communication Commission (FCC). The city acknowledges the community benefit associated with the requirement of commercial wireless telecommunication services within the city and encourages the lease of publicly owned properties for the development of commercial wireless telecommunication facilities to the extent compatible with existing facilities. The regulations as set forth are consistent with federal and state law related to the development of commercial wireless telecommunication transmission facilities. (Ord. 2010-02 § 1 (part), 2010)

   The regulations and standards contained in this chapter shall apply to all wireless telecommunication facilities on private and public property in the city, including public streets and alleys and property owned by any local, state, or federal government agency or political subdivision of such government entity, and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting). Wireless telecommunication facilities are permitted as listed in Article II. (Zoning Districts, Allowed Uses, and Development Standards), subject to compliance with the standards of this chapter and other relevant requirements of this title. Permitted wireless telecommunication facilities are also identified for each zoning district in Table 17.20.030-1 (Allowed Uses and Permit Requirements for City of Pinole Base Zoning Districts). (Ord. 2010-02 § 1 (part), 2010)

   A.   Conditional Use Permit Requirements and Exceptions. Except as otherwise outlined below, a conditional use permit as established by Section 17.12.140 (Conditional Use Permit) is required for all wireless communication facilities. Also see Section 17.76.040 (Exemptions) for specific exemptions.

      1.   In order to ensure compliance with the requirements of 47 U.S.C. section 332(c)(7)(B), an applicant that believes that the city's prohibition of wireless telecommunications facilities in particular zoning districts or any of the standards in this chapter either

         a.   Unreasonably discriminate among providers or functionally equivalent services; or

         b.   Prohibit or have the effect of prohibiting the requirement of personal wireless services, may apply for a conditional use permit. In order for such permit to be granted, the decision maker must find, in addition to all other required findings for the granting of a conditional use permit, that substantial evidence in the written record establishes that either of the above stated criteria is met.

      2.   Collocation. Administrative review and approval may be available, so long as a collocation facility satisfies all requirements set forth in Section 65850.6 of the California Government Code.

   B.   Public Hearing and Public Notice. A public hearing shall be held and public noticing conducted as established in Section 17.10.050 (Public Hearing and Public Notice), except that public notice shall be given to all property owners within five hundred (500) feet of the property of the proposed wireless telecommunication facility, instead of only providing notice to property owners within three hundred (300) feet, as normally required by Section 17.10.050 (Public Hearing and Public Notice).

   C.   Financial Guarantee. Prior to constructing a new wireless telecommunication facility, or prior to renewing a conditional use permit for an existing wireless telecommunication facility, the applicant or permittee shall provide a financial guarantee that shall be indexed annually for inflation in an amount, satisfactory to the designated approving authority, for the removal of the facility, based on the estimated cost to remove the facility in the event the use is abandoned or the conditional use permit expires, or is revoked, or otherwise terminated. The amount of the guarantee per freestanding tower may be reduced or eliminated if the applicant has more than one (1) wireless telecommunication facility in the city. If the owner or lessee does not remove any obsolete or unused facilities, as described above, the financial guarantee shall be used by the city to remove any obsolete or unused facilities and to return the site to its predevelopment conditions. Any unused financial guarantee shall be returned to the applicant upon removal of the wireless telecommunication facility or transfer of the lease accompanied by a financial guarantee from the new lessee or owner.

   D.   Conditions of Approval. The designated approving authority may impose conditions of approval as described in Section 17.12.140 (Conditional Use Permit), including but not limited to, requiring modifications to the site.

   E.   Requirements and Allowances Upon Approval.

      1.   Written proof of the availability of the necessary water supply to sustain any landscaping required for visual screening prior to permit issuance. This may be in the form of a letter from the landowner of the land allowing the applicant the use of required water facilities for landscaping installed improvements in the area.

      2.   Minor modifications to the approved equipment design, location, elevations, and other elements of the approved wireless telecommunication facilities may be allowed by the Community Development Director if such modifications are in keeping with the architectural statement and layout design of the original approval.

   F.   Ongoing Public Hearings Required. All permit approvals for commercial wireless telecommunication facilities are subject to a public hearing every five (5) years to demonstrate continuing compliance with the conditions of approval. When reviewing existing facilities for renewal, the designated approving authority of the original entitlement shall determine whether substantial progress has been made in decreasing the visibility of these facilities. At the time of each five (5)-year review, modifications and new and/or revised conditions of approval may be made to the original conditional use permit if technology has advanced to the point where the wireless telecommunication facilities can be made safer or less visually obtrusive or to conform to other similar wireless telecommunication facilities that are currently being installed or are located in California at the time of entitlement review. These reviews shall include photo documentation of existing conditions and equipment for comparison with past conditions, to facilitate policy goals related to minimizing site disturbance and visibility, and justify the need for the range of equipment. Additional equipment shall only be allowed where the cumulative visual impacts are decreased through replacement with smaller equipment or additional mitigation to decrease visibility. (Ord. 2010-02 § 1 (part), 2010)

   The following wireless communication facilities are exempt from the requirements of this chapter as specified below, except that wireless communication facilities are subject to compliance with other requirements of this title.

   A.   A wireless communication facility shall be exempt from the requirements of this chapter if and to the extent that a permit issued by the California Public Utilities Commission (CPUC) or the rules and regulations of the Federal Communication Commission (FCC) specifically provide that the antenna is exempt from local regulation. Such facilities include, but are not limited to, television antennas on residential buildings.

   B.   Satellite earth station (SES) antennas, which are two (2) meters (6.5616 feet) or less in diameter or in diagonal measurement, located in any non-residential zoning district. To avoid the creation of a nuisance and to reduce accidental tripping hazards and maximize stability of the SES antenna, such antennas shall be placed whenever possible on top of buildings and as far away as possible from the edges of rooftops.

   C.   Parabolic antennas, direct broadcast satellite (DBS) antennas, which are one (1) meter (3.2808 feet) or less in diameter or diagonal measurement and television broadcast service (TBS) antennas, so long as said antennas are located entirely on private property and are not located within the required front yard setback area.

   D.   Amateur radio antenna structures provide a valuable and essential telecommunication service during periods of natural disasters and other emergency conditions and are therefore exempt from permit requirements of this chapter in compliance with the following standards:

      1.   Height limits. Amateur radio antennas in any district may extend to a maximum height of seventy-five (75) feet, provided that the tower is equipped with a lowering device (motorized and/or mechanical) capable of lowering the antenna to the maximum permitted building height of the applicable zoning district when not in operation.

      2.   Location parameters. All antenna structures shall be located outside of required front and street side yard areas. Antenna structures shall also be set back a minimum distance of five (5) feet from interior property lines.

      3.   Tower safety. All antennas shall be located within in an enclosed fenced area or have a minimum five (5)-foot-high tower shield at the tower base to prevent climbing. All active elements of antennas shall have a minimum vertical clearance of eight (8) feet.

   E.   Satellite antennas used or designed for receiving or transmitting electronic signals to or from orbiting earth satellites that comply with the following standards. Exceptions to these requirements may be granted by the designated approving authority upon the issuance of a conditional use permit as provided by Section 17.12.140 (Conditional Use Permit).

      1.   Dimensions of the satellite antenna shall be no greater than 18 inches in dimensions.

      2.   Satellite antennas greater than eighteen (18) inches dimension in compliance with the following.

         a.   A setback equal to the height of the antenna or the setback that applies to the principal structure, whichever is greater, shall be maintained between any property lines and any part of the antenna. In addition, installation shall be prohibited between any street and principal building on the site, except as provided below.

         b.   In any case where a lot backs up to a public right-of-way or private street, a setback of fifteen (15) feet shall be maintained between the rear property line and any portion of the antenna.

         c.   Maximum height of the antenna shall be fifteen (15) feet measured from the finish grade immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

         d.   All wires and/or cable necessary for the operation of the antenna or reception of the signal shall be placed underground excepting those wires or cables attached flush with the surface of a building.

         e.   Antennas installed with the use of guy wires are prohibited.

         f.   Highly reflective surface or colors shall not be used on any such antenna.

         g.   Additional attention and evaluation may be needed to assure that antennas proposed for property locations in hillside areas are installed in locations which are least visible from areas off-site.

         h.   No more than one (1) antenna shall be installed on any parcel.

         i.   Installation shall be prohibited on the roof of any structure on the parcel except in non-residential zoning districts where the antenna is screened from view from adjacent parcels and rights-of-way.

         j.   No antenna which exceeds six (6) feet in height from the finish grade immediately below the antenna to the highest point of the antenna or any appurtenance attached thereto shall be erected on any parcel of land until a building permit for such antenna has been secured from the building department.

      3.   Emergency communication backup facilities.

      4.   Co-location on an existing wireless telecommunication facility. This co-location is allowed if the structure obtained a conditional use permit after January 1, 2007, and was subject to environmental review and a public hearing.

      5.   Any personal wireless telecommunication facility operated on land owned by the West Contra Costa County Unified School District (or any other special district), Contra Costa County, the State of California, or the federal government which are operated for public and not commercial purpose. (Ord. 2010-02 § 1 (part), 2010)

   An application for the approval of a wireless telecommunication facility shall include the following information, in addition to all other information required by the city for a conditional use permit application as established in Section 17.12.140 (Conditional Use Permit):

   A.   Site plan containing all information required by the city.

   B.   All exterior elevations, scaled as appropriate for presentation.

   C.   Samples of materials used for the wireless telecommunication facilities as required by the city, including but not limited to, roofing, siding, trim, windows, doors, and fences, as follows:

      1.   At least one (1) elevation should be in color.

      2.   Color samples and materials mounted on a board or rigid surface should be submitted.

   D.   Plans showing the screening of all mechanical equipment, including but not limited to, gas meters, electric meters, and electric transformers.

   E.   Landscaping plans as required by Chapter 17.44 (Landscaping), including proposals to establish and maintain maximum visual screening of unsightly public views of the wireless telecommunication facilities.

   F.   A master plan for all related facilities, either existing or proposed, within the city limits of Pinole and within one-quarter (1/4) mile of the proposed wireless telecommunication facility.

   G.   Visual simulations showing what the proposed facility would look like from the surrounding area as viewed from residential properties and public rights-of-way at varying distances to assist the approving authority and the public in assessing the visual impacts of the proposed facility and its compliance with the requirements of this chapter.

   H.   For areas where antennas will be located on or mounted to a building, a mock-up of the proposed antenna must be installed at least ten (10) days before the hearing at which the application will be reviewed.

   I.   A preliminary report quantifying the project's radio frequency emissions and potential human exposure, the cumulative emissions of other facilities located on the same site and comparisons to current standards recommended by the Institute of Electrical and Electronic Engineers. Analysis must be based on the current FCC rules, regulations, and standards.

   J.   Alternative site analysis prepared by or on behalf of the applicant, subject to the approval of the approval of the Planning Commission which identifies all reasonable, technically feasible, alternative locations and/or facilities which could provide the proposed wireless telecommunication facility service. The intention of the alternative analysis is to present alternative strategies which could minimize the number, size, and adverse environmental impacts of the facilities necessary to provide the needed service to the city. The analysis shall address the potential for co-location and the potential to locate a facility as close the intended service area. It shall also explain the rationale for the selection of the proposed site in view of the relative merits of any feasible alternative. The city may require independent verification of this analysis at the applicant's expense.

   K.   A United States Geological Survey (USGS) topographic map or survey with existing topographic contours showing the proposed wireless telecommunication facilities, accessory structures, new roads, and the surrounding area extending at least 150 feet beyond any proposed towers and at least fifty (50) feet beyond other proposed wireless telecommunication facilities.

   L.   The number, type, and dimensions of antennas and equipment cabinets and structures proposed for use by the applicant and a map identifying all existing wireless telecommunication facilities within a three thousand (3,000)-foot radius of the proposed wireless telecommunication facility.

   M.   A map showing how the proposed wireless telecommunication facilities fit within the network of the applicant's existing and proposed antenna sites within three thousand (3,000) feet of the project vicinity.

   N.   A statement including the following:

      1.   The intent to design the facility to allow for co-location;

      2.   The power rating for all wireless telecommunication facilities and all backup equipment proposed with the first application;

      3.   A description of the system, including the number of antennas, and associated related equipment that conform to the radio-frequency exposure standards adopted by the FCC and VAII that will operate within the frequency assigned by the FCC;

      4.   Assurance that the operation of the facility, in addition to ambient radio-frequency exposure levels, will not exceed adopted FCC standards with regard to human exposure in “uncontrolled areas” (i.e., areas subject to general public exposure, as defined by the National Council on Radiation Exposure Prevention) or the then applicable FCC standards;

      5.   A statement that demonstrates why a wireless telecommunication facility type with a lesser adverse visual impact is not feasible.

   O.   Evidence in the form of a license or construction permit from the FCC and/or Federal Aviation Administration (FAA) that the FCC and/or FAA has accepted the applicant's certification that the facility meets the FCC and/or FAA standard or provide evidence that the FCC and/or FAA has categorically exempted the applicant from demonstrating compliance with the FCC and/or FAA standard. If a license or construction permit has not yet been obtained by the applicant, the furnishing of such FCC and/or FAA license or construction permit shall become a condition of approval for the conditional use permit.

   P.   A technical review by a licensed electrical engineer with experience in telecommunications, or qualified expert as approved by the Community Development Director, to determine if the proposed installation will create any electromagnetic interference with other facilities or uses in the area will be required. The Community Development Department may retain the services of a private-sector consultant for peer review and to provide professional recommendations to the Community Development Department. The applicant may be asked to describe the electromagnetic frequency needs of the wireless provider and to identify alternative sites which meet the applicant's telecommunications needs and can be readily or reasonably leased. The wireless provider will present its data and offer any additional information to Community Development Department staff regarding its electromagnetic frequency needs. The city shall take reasonable steps within the requirements of state law to assure strict confidentiality of any alternative site leasing information submitted by an applicant. When deemed necessary by Community Development Department staff, the wireless provider will also host information sessions for City staff and the City Council and Planning Commission. The cost of such reviews shall be paid by the applicant and deposited with the city as part of the application fee.

   Q.   When two (2) or more wireless telecommunication facilities operate in the same location, the carriers operating those facilities shall provide documentation of testing done by an electromagnetic field (EMF) expert to verify that the cumulative ELF levels conform to standards adopted by the FCC.

   R.   A list of the names, addresses, and types of users who will occupy the site.

   S.   In conjunction with application submittal once an application is schedule for a public hearing, applicants shall be required to construct a full-scale mock-up of a proposed facility, using materials and colors that resemble the actual facility for proposed ground-mounted facilities and roof-mounted facilities. The mock-up shall be installed ten (10) days prior to the scheduled public hearing date and left in place for a period of ten (10) days after the date of any final action taken on the project application. The notice of public hearing shall contain information about the location and placement of the mock-up structure. Additionally, all mock-up structures shall be removed by the applicant within one (1) month from the date of final action taken on the project application.

   T.   All applications and subsequent reviews shall include a list and photo documentation of transmission, reception, and other equipment initially proposed, justifying the need for the range of equipment. (Ord. 2010-02 § 1 (part), 2010)

   A.   General Development Standards. Unless otherwise exempt pursuant to Section 17.76.040 (Exemptions), the following general development standards shall apply to all wireless telecommunication facilities.

      1.   All wireless telecommunication facilities shall comply with all applicable requirements of the current uniform codes as adopted by the city and shall be consistent with the general plan and this code, as well as other standards and guidelines adopted by the city, and all applicable state and federal law.

      2.   All wireless telecommunication facilities shall comply at all times with the FCC rules, regulations, and standards, and any other applicable federal, state, or local laws or regulations.

      3.   Sufficient anti-climbing deterrents, including warning signs (ANSI Standards C95.2-1982 Warning Symbol), shall be incorporated into the facility, as needed, to reduce the potential for trespass and injury.

      4.   To minimize overall visual impact, all new wireless telecommunication facilities shall be co-located with existing facilities and with other planned facilities, whenever feasible. In addition, whenever feasible, service providers are encouraged to co-locate antennas with other facilities such as water tanks, light standards, utility poles, and other utility structures, where the co-location is found to minimize the overall visual impact. To facilitate co-location in appropriate cases, conditions of approval shall require all applicants to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site. The applicant shall agree, in writing, to allow future co-location of additional antennas and not to enter into a lease for the exclusive use of the site.

      5.   All wireless telecommunication facilities shall be located so as to minimize their visibility and utilize the latest technology available to minimize visual impacts.

      6.   Wireless telecommunication facilities shall be located, designed, and screened to blend with existing natural or built surroundings so as to reduce visual impacts of the technological requirements of the proposed wireless telecommunication facility and, in so far as possible, appear compatible with neighboring residences and the character of the community.

      7.   All related equipment shall have a non-reflective finish and shall be painted or otherwise treated to minimize visual impacts and placed in underground vaults whenever possible. All utilities (i.e., gas, electric, cable, phone, and water) shall be placed underground.

      8.   Building-mounted wireless telecommunication facilities are preferred to ground-mounted wireless telecommunication facilities. Development of wireless telecommunication facilities on vacant sites shall be temporary. When the site is developed, such facilities shall be removed and replaced with building-mounted wireless telecommunication facilities.

      9.   All wireless telecommunication facilities that are not mounted on existing structures shall comply with at least one (1) of the following:

         a.   Facilities shall be screened from the view of surrounding properties as much as possible and co-located with existing facilities or structures so as not to create substantial visual, noise, or thermal impacts;

         b.   Facilities shall be sited within areas with substantial screening by existing vegetation;

         c.   Facilities shall be designed to appear as natural features found in the immediate area, such as trees or rocks, so as to be effectively unnoticeable;

         d.   Facilities shall be screened with additional trees and other native or adapted vegetation that shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations, where such vegetation is required to screen telecommunication facilities. Such landscaping, including irrigation, shall be installed and maintained by the applicant, as long as the entitlement is in effect; or

         e.   Existing on-site vegetation shall be preserved or improved and disturbance of the existing topography shall be minimized. Landscaping shall be required in informal natural-looking clusters in the vicinity of any wireless telecommunication facility, in addition to screening of the facility.

      10.   All proposed equipment cabinets/structures, accessory structures, and other related equipment shall be continuously maintained in good condition. This shall include keeping equipment cabinets and structures graffiti-free and maintaining all security fences and warning signs in good condition.

      11.   The display of signs or advertising on wireless telecommunication facilities is prohibited.

      12.   Exterior lighting shall not be allowed on commercial wireless telecommunication facilities except for that required for use of authorized persons on-site during hours of darkness or where the antenna structure owner or registrant is required to light the antenna structure by the terms of the FAA antenna structure registration applicable to the facility.

      13.   Freestanding wireless telecommunication facilities shall not be located within the required setback of any residential development and shall be at least one-hundred (100) feet from a pre-existing residential use.

      14.   All freestanding wireless telecommunication facilities shall be designed at the minimum functional height required for the coverage area unless it is determined that additional height is needed for architectural reasons or is part of a city-approved plan to reduce the impact(s) of future installations.

      15.   In appropriate cases, the proposed wireless telecommunication facilities may be located on a city-owned or controlled property or within city rights-of-way, provided the appropriate applications are submitted, easements procured, and any other relevant procedures complied with.

   B.   Building-Mounted Antennas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be mounted or attached to an existing building shall be reviewed by the designated approving authority for compliance with the following:

      1.   Building-mounted antennas and any related equipment shall be in scale and architecturally integrated with building design in such a manner as to minimize the visual impact of the wireless telecommunication facilities. Screening designs may include locating the facility within attics, steeples, or towers, behind and below parapets, or concealed with an architecturally compatible addition to a building.

      2.   Colors and materials of the antennas should match the existing building when attached directly to the façade of a building.

      3.   Wireless telecommunication facilities and all related equipment shall be located to minimize visibility from public places. Any visible portion of equipment shall be painted or treated to be architecturally compatible with the surrounding buildings and/or shall be screened, using appropriate techniques to camouflage, disguise, and/or blend into the surrounding environment, as determined by the designated approving authority.

      4.   Antennas shall be flush-mounted and located below the roof line of the building. Antennas and related equipment shall not project beyond a maximum of eighteen (18) inches from the face of the building.

   C.   Roof-Mounted Antennas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be mounted or attached to the roof of an existing building shall be reviewed by the designated approving authority for compliance with the following.

      1.   All roof-mounted antennas and related equipment, other than antennas proposed to be located directly on the façade of a structure, shall be aesthetically compatible with and located as far away from the edge of the building as technically feasible as determined by the designated approving authority. Antennas attached to the building shall be painted or otherwise treated to match the exterior of the building or the antenna's background color.

      2.   Roof-mounted antennas shall not be allowed when they are to be placed in direct line of sight of scenic corridors or where they will significantly affect scenic vistas, unless the wireless telecommunication facilities incorporate appropriate techniques to camouflage, disguise, and/or blend them into the surrounding environment, as approved by the designated approving authority.

      3.   The height of roof-mounted antennas, including the support structure, shall not exceed fifteen (15) feet above the roof plate of the building to which they are attached.

      4.   Wireless telecommunication facilities and related equipment, if located on the rooftop of buildings, shall be located so as to be minimally visible from public places. If any portion of the equipment is visible, it shall be camouflaged or screened from view, to the fullest extent possible.

   D.   Ground-Mounted Antennas and Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be ground-mounted antennas, proposed for location on a major or minor ridgeline, or proposed for location in an open space area, shall be reviewed by the designated approving authority for compliance with the following.

      1.   Wireless telecommunication facilities visible on or above a ridgeline or knoll, as shown on the general plan visual resources map (Figure 10.4), shall be prohibited unless, prior to approving the application, the designated approving authority determines that the applicant has demonstrated that there is no feasible alternative.

      2.   Wireless telecommunication facilities operated by different carriers shall not be allowed within one thousand (1,000) feet of another facility, unless the designated approving authority determines that the cumulative visual or other physical environmental impacts can be reduced by allowing such facilities to locate within one thousand (1,000) feet of one another.

      3.   All proposed wireless telecommunication facilities should be located within easy reach of existing access roads, whenever possible. Unless visual impacts can be adequately mitigated, no new access roads on a ridgeline or knoll shall be allowed with any proposed ground-mounted antenna.

      4.   All proposed wireless telecommunication facilities shall incorporate techniques and be designed as a stealth facility. Such techniques include camouflaging facilities to disguise and/or blend into the surrounding environment, or to disguise facilities as pieces of art or sculptures, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

      5.   All related equipment shall be designed and located so as to minimize visual impacts and/or to be screened from public view. Screening techniques may include landscaping and/or architectural treatment to make them compatible with existing buildings and/or a partial or complete burial of the equipment.

   E.   Freestanding Antennas and Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed to be freestanding antennas, proposed for location on a major or minor ridgeline, or proposed for location in an open space area shall be reviewed by the designated approving authority for compliance with the following:

      1.   All proposed wireless telecommunication facilities shall be located and designed to minimize visual impacts. When appropriate, monopoles or other wireless telecommunication facilities proposed in areas where adverse visual impacts cannot be avoided (as in some commercial areas) shall be camouflaged, disguised, and/or blended into the surrounding environment, or disguised as pieces of art/sculpture, flag poles, telephone poles, light standards, or other visual forms to avoid an adverse visual impact.

      2.   Wireless telecommunication facilities operated by different carriers shall not be allowed within one thousand (1,000) feet of one another unless the designated approving authority determines that the cumulative visual or other physical environmental impacts can be reduced by allowing such facilities to locate within one thousand (1,000) of one another.

      3.   The city may require applicants to construct a tower which is tall enough to accommodate two (2) additional wireless telecommunication facility applicants. This section shall not be interpreted to prevent the applicant from requiring future applicants to pay fair and reasonable rental for the use of the applicant's tower and/or other facilities.

      4.   All proposed wireless telecommunication facilities shall utilize the smallest and least visible antennas that meet the coverage objective.

      5.   Lightning arrestor rods and beacon lights shall not be included as part of the tower design, unless the applicant can demonstrate that such are necessary for safety reasons or that such are required by applicable FAA/FCC standards.

   F.   Wireless Telecommunication Facilities on Major or Minor Ridgelines or Open Space Areas. In addition to all other applicable development standards listed above, wireless telecommunication facilities proposed for location on a major or minor ridgeline, or proposed for location in an open space area, shall be reviewed by the designated approving authority for compliance with the following.

      1.   No wireless telecommunication facility shall be located within four hundred (400) horizontal feet of a major ridgeline and one hundred (100) horizontal feet of a minor ridgeline (as shown on Figure 10.4 of the General Plan) and within one hundred (100) vertical feet for both. The distance shall be measured from the peak of the ridge. An exception may be granted by the designated approving authority only if any of the following findings can be made:

         a.   Due to the specific location and design of the proposed facility, it will not be visible from surrounding properties or public view;

         b.   Due to existing development or existing vegetation at the site, the proposed facility will be substantially screened from the view of surrounding properties and public view and will not result in an adverse visual impact; or

         c.   The applicant can demonstrate that there is no feasible alternative.

      2.   Special design considerations, including designs which simulate natural features found in the immediate area, i.e., trees or rocks, may be taken into account by the designated approving authority when facilities are proposed within areas identified as major and minor ridgeline areas.

      3.   Development of a wireless telecommunication facility shall conform generally with the natural contours to avoid excessive grading. (Ord. 2010-02 § 1 (part), 2010)

   All wireless telecommunication facilities shall comply at all times with the following operation and maintenance standards. Failure to comply with the standards constitutes a violation of the Zoning Ordinance and may result in permit revocation.

   A.   Noise. All wireless telecommunication facilities shall comply with the city's Noise Ordinance.

   B.   Non-ionizing Electromagnetic Radiation (NIER) Exposure. No wireless telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such wireless telecommunication facilities, a potential threat to public health. To this end, no wireless telecommunication facility or combination thereof shall produce, at any time, power densities in any inhabited area that exceed the Federal Communication Commission's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard adopted or promulgated by the city or by the county, state, or federal government.

   C.   Wireless telecommunication facilities shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism. Any damages from any cause shall be repaired as soon as reasonably possible so as to minimize the occurrence of dangerous conditions or visual blight.

   D.   Each owner or operator of a wireless telecommunications facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter. (Ord. 2010-02 § 1 (part), 2010)

   In the event that one (1) or more wireless telecommunication facility or any component thereof, including, but not limited to, antennas, towers, or related equipment, are not operated for the requirement of wireless telecommunication services for a continuous period of one hundred and eighty (180) days or more, such wireless telecommunication facility or component thereof shall be deemed abandoned and the entitlement shall expire. The owner, operator, or other person or entity responsible for the wireless telecommunication facility or component thereof shall remove such items within thirty (30) days following the mailing of written notice from the city that removal is required. Such entity shall restore the site to its original predevelopment condition on or before this time as much as possible to the condition required by the Community Development Department. If two (2) or more providers of wireless telecommunication services use the wireless telecommunication facility or any component thereof, the period of nonuse under this section shall be measured from the cessation of operation at the location by all such providers. Failure to remove shall constitute a public nuisance and shall be enforced as such. For facilities located on city-owned or leased property, this removal requirement shall be included within the applicable lease. In addition, the permittee shall provide the Community Development Department with a notice of intent to vacate the site a minimum of thirty (30) days prior to vacation. The Community Development Department shall provide the permittee with a notice that removal is required, and removal of all wireless communication facilities shall be removed as established by this section. (Ord. 2010-02 § 1 (part), 2010)

   The development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure, as those terms are defined in Section 17.77.020, shall be governed by Chapter 17.77. (Ord. 2019-03 § 5, 2019)

   The purpose of this chapter is to establish comprehensive requirements and standards for the development, siting, installation, and operation of small cell wireless communications facilities and ancillary support infrastructure. These regulations are intended to protect and promote public safety, community health and welfare, and the aesthetic quality of the city consistent with the goals, objectives, and policies of the General Plan while providing for well-managed development of small cell wireless telecommunications in accordance with California and federal law.

   A.   Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve public safety and general welfare, and maintain the character of residential and nonresidential areas consistent with the adopted General Plan and other city-adopted plans and in compliance with applicable state and federal legislation;

   B.   Protect the public from radio frequency emissions to the maximum extent permitted by state and federal law.

   C.   Improve the ability of telecommunications providers to provide services quickly, safely, effectively, and efficiently while ensuring compliance with all applicable requirements;

   D.   Ensure that public safety personnel have adequate cellular service and coverage during emergencies;

   E.   Require wireless communications providers to use the best available design and technology to further reduce potential aesthetic impacts as changes in technology occur. (Ord. 2019-03 § 7, 2019)

   Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings.

   A.   Ancillary Equipment means any wires, cables, meter boxes, cooling devices, cable, conduit and connectors, and any other equipment required to operate and support the operation of small cell wireless facilities.

   B.   Applicant means service provider(s) of the small cell wireless facilities that are proposed to be located within the city, or service provider(s)'s authorized representative.

   C.   Co-location means a telecommunications facility comprising a single telecommuni cations tower, monopole or building supporting antennas owned or used by more than one telecommunications carrier.

   D.   Equipment Cabinet means a structure that contains, protects and conceals the ancillary equipment. Equipment Cabinet may also include the equipment necessary to allow for the undergrounding of PG&E meters and other ancillary equipment related to the functioning of small cell wireless facilities.

   E.   Readily Visible means an object that can be seen from street level by a person with normal vision, and distinguished as an antenna or other component of a wireless communication facility, due to the fact that it stands out as a prominent feature of the landscape, protrudes above or out from the structure, a ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant or adjacent architecture or building materials.

   F.   Small cell wireless facility means a wireless telecommunications facility that meets all of the following conditions:

      1.   The structure on which antenna facilities are mounted:

         a.   is fifty (50) feet or less in height, or

         b.   is no more than ten percent (10%) taller than other adjacent structures, or

         c.   is not extended to a height of more than ten percent (10%) above its preexisting height as a result of the collocation of new antenna facilities; and

      2.   Each antenna (excluding associated antenna equipment as defined by 47 C.F.R. § 1.1320(d)) is no more than three (3) cubic feet in volume; and

      3.   All other wireless equipment associated with the facility are cumulatively no more than twenty-eight (28) cubic feet in volume; and

      4.   The facility does not require antenna structure registration under 47 C.F.R. Chapter 1, Subchapter A, Part 17.

      5.   The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and

      6.   The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. §1.1307(b).

   G.   School means any public or private k-12 educational institution.

   H.   Stealth Facility means any commercial wireless communications facility that is designed to blend into the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting antenna equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing developed feature, the surrounding landscape or environment rather than identifiable as a wireless communications facility.

   I.   Public Right of Way means all public streets and utility easements, now and hereafter owned by the city or other public entity, but only to the extent of the city or public entity's right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities. (Ord. 2019-03 § 7, 2019)

   A.   Permitted Areas. Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to a Small Cells Attachment Permit, shall be permitted on the following types of areas:

      1.   Existing structures within the public right-of-way in all zoning districts; and

      2.   Existing structures located outside of the public right-of-way in any zone that includes a commercial or industrial use.

      3.   New structures within the public right-of-way in all zoning districts, or outside of the public right-of-way in any zone that includes a commercial or industrial use, subject to the requirements of this chapter.

   B.   Permitted Facilities. Subject to compliance with all applicable provisions of this chapter, the permitted facilities/structures on which small cell wireless facilities may be attached are as follows:

      1.   Public Right-of-Way. Small cell wireless facilities in the public right-of-way in all zoning districts shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities in the public right-of-way are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

         a.   existing light poles

         b.   all other utility poles

         c.   existing utility cabinets

         d.   any other existing pole, or an existing structure in the public right-of-way that is not readily visible

         e.   a new pole of any kind.

      2.   Outside Public Right-of-Way. Small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall be located in accordance with the following preferences. The preferred approaches for design and siting of new small cell wireless facilities outside the public right-of-way are ranked as indicated in the following list. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

         a.   Building- or structure-mounted antennas that are not readily visible or are completely concealed from view because of integration into design of nonresidential buildings or structures erected and approved for use other than as wireless telecommunications support.

         b.   Building- or structure-mounted antennas set back from roof edge and not visible from the public right-of-way or from surrounding properties.

         c.   On existing communication towers, existing signal, light or similar kinds of permanent poles not supplying electric, telephone or similar service and not in the public right-of- way, or utility facilities not subject to the city's franchise agreements.

         d.   Nonbuilding- or structure-mounted alternative tower structures.

      3.   Residential Structures. Small cell wireless facilities located outside of the public right-of-way shall not be located on any residential structure without the prior issuance of a conditional use permit.

      4.   Schools. Small cell wireless facilities located outside of the public right-of-way shall not be located on any school building in which classroom facilities are located without the prior issuance of a conditional use permit.

   C.   Permitted Locations. Small cell wireless facilities in all zoning districts, whether located in the public right-of-way or elsewhere, shall be located in accordance with the following preferences. The preferred approaches for location of new small cell wireless facilities are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the application must include technical information demonstrating that a higher ranked option is not technically feasible in light of the provider's service objectives. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee.

      1.   In any nonresidential district and co-located with existing conforming facilities.

      2.   In any nonresidential district and located more than eight hundred (800) feet from any residential dwelling or school.

      3.   On nonresidential structures in residential districts and located more than eight hundred (800) feet from a residential dwelling or school.

      4.   In any nonresidential district and located less than eight hundred (800) feet from a residential dwelling or school.

      5.   On nonresidential structures in residential districts and located less than eight hundred (800) feet, but more than two hundred (200) feet, from a residential structure or school.

      6.   On nonresidential structures located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.

      7.   On nonresidential structures in residential districts and located less than two hundred (200) feet from a residential structure or school. A small cell wireless facility may only be located within two hundred (200) feet of a residential structure if no other location is feasible.

   D.   Co-locating with Existing Wireless Communication Facilities. Co-location of small cell wireless facilities with existing wireless communication facilities subject to design and colocation standards as set forth in this chapter.

   E.   Permits Required. Applicants shall obtain the following permits prior to installing, constructing, maintaining, operating, removing or performing work related to a small cell wireless facility:

      1.   Small Cell Attachment Permit. All small cell wireless facilities must obtain a Small Cell Attachment Permit for each small cell wireless facility by submitting an application and obtaining approval pursuant to the requirements of this chapter.

      2.   Encroachment Permit. An applicant seeking to install, construct, operate, or perform work related to small cell wireless facilities in the public right-of-way shall obtain a revocable encroachment permit prior to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the Department of Public Works, after compliance with the application requirements identified in Section 17.77.060, below.

         a.   The obligations of an encroachment permit shall run until applicant applies for a demolition permit to quit and cease operation. The city retains the right to inspect said facilities to ensure all conditions of the permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise revoked as provided for elsewhere in this Municipal Code. A performance review may be conducted annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant must provide the city with updated information including but not limited to changes in insurance and equipment to update the encroachment permit reflecting those changes.

      3.   Building Permit. An applicant seeking to install, construct, or perform work related to small cell wireless facilities located outside of the public right-of-way in any zone that includes a commercial or industrial use shall obtain a building permit after complying with the application and permitting requirements stated in this chapter.

      4.   Alternative Permits. An applicant unable to meet the requirements of a Small Cell Attachment Permit as set forth in this chapter, including but not limited to design review and stealth facility standards, shall be required to obtain a Conditional Use Permit in place of a Small Cell Attachment Permit. A Conditional Use Permit does not relieve the applicant of the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of this section prior to commencing work.

   F.   Exempt Facilities. Small cell wireless facilities owned and operated by a governmental agency and utilized for governmental function are exempt from the permit requirements of this chapter, provided that they conform to the operational standards of Section 17.77.040 of this chapter. (Ord. 2019-03 § 7, 2019)

   A.   State or Federal Requirements. Small cell wireless facilities, including ancillary equipment, must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), all applicable federal, state, and local health and safety regulations, including the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and all other agencies of the state or federal government with the regulatory authority over small cell wireless facilities. If, at any time, the state or federal standards are modified, then applicant shall bring any and all permitted facilities into compliance with current standards and regulations within three (3) months of the effective date of such modified standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring permitted facilities into compliance with such revised standards and regulations shall constitute grounds for the revocation of city permit and require removal of the small cell facility at the service provider's expense.

   B.   Building Codes and Safety Standards. The applicant shall ensure the structural integrity of its small cell wireless facilities installed within the city, and shall ensure that the facilities are maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for small cell wireless facilities that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the city determines that a facility fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the applicant of the facility, the applicant shall have fifteen (15) days to bring such facility into compliance with such standards. Failure to bring such tower into compliance within the required time shall constitute grounds for the revocation of city permit and required removal of the small cell facility at the owner's expense.

   C.   Radio Frequency Emissions Standards. Applicants shall provide evidence that the projected radio frequency emissions from any and all permitted small cell wireless facilities comply with FCC Standards, including any cumulative standards. Such information shall be submitted with permit application materials under Section 17.77.060, as well as annually thereafter if requested by the city.

   D.   Operation and Maintenance Standards. All small cell wireless facilities shall at all times comply with the following standards in addition to any other conditions required by permits issued pursuant to this chapter.

      1.   Except as provided in subsection D-2 below, an applicant shall not install signs, display logos, or run advertisement on, alongside, or in connection with a permitted facility.

      2.   Every permitted facility shall contain signage listing the name and contact information for an emergency contact individual or service shall be erected for every permitted facility. The signage shall comply with design, material, color and location requirements as stated in the applicable encroachment permit. Contact information listed on the sign shall be kept current and promptly be provided to the city.

      3.   Each permitted facility and any ancillary equipment shall be maintained in good working condition and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance more than forty-eight (48) hours from the time of receipt of city notice.

      4.   Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with Chapter 8.35 entitled "Noise" of the Municipal Code.

         a.   Except for emergency repairs, testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday through Friday, excluding holidays.

         b.   All air conditioning units and any other equipment that may emit noise that would be audible from beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations in Chapter 8.35 of the Municipal Code.

      5.   Each facility shall install the following security measures:

         a.   An on-site emergency "kill switch" to de-energize all radio frequency circuits and components of each permitted facility in order to protect emergency response personnel. For co-locating facilities, a single "kill switch" shall be installed that will de-energize all facilities located on the same pole at the facility in the event of an emergency.

         b.   Necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns. Installations must comply with design standards, described in Section 17.77.050, and nuisance regulations, and must not interfere with city emergency services or transmission.

      6.   Each facility shall be relocated at applicant's sole cost, upon demand by city with reasonable notice, to allow for public projects, services or improvements.

      7.   Applicant shall, at its sole cost, be responsible for repairing to city standard specifications or replacing in-kind any city facilities or improvements disturbed or damaged during the installation, maintenance, operation, repair or removal of applicant's small cell wireless facilities, ancillary equipment, and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not limited to the following:

         a.   curb, gutter, sidewalk, storm drains, and pavements; and

         b.   landscaping; and

         c.   structures, buildings, light poles and fixtures.

   E.   Electrical Metering and Structural Standards. All small cell wireless facilities shall comply with the following requirements:

      1.   All electrical power required by small cell wireless facility installations shall be metered independently from any anticipated or existing city projects or facilities.

      2.   All existing city-owned street light poles proposed for small cell wireless facility installations shall be inspected prior to installation in accordance with the most recent city structural standards for street light poles, including but not limited to safety and load bearing capability for the small cell wireless facility to be installed, as approved by the City Engineer.

         a.   Applicants requesting to install a small cell wireless facility on city- owned street light poles shall provide documentation demonstrating that the pole proposed for installation meets or exceeds such city standards.

         b.   If the city-owned street light pole proposed for a small cell wireless facility installation does not meet or exceed structural standards, no small cell wireless facility may be installed thereon. Alternatively, the applicant may at its own cost replace the existing street light pole at the proposed installation location with a pole that meets or exceeds the city's structural standards including safety and load bearing capability or capacity, and complies with all other applicable legal requirements. Any existing lighting fixture shall be reinstalled on the new pole at applicant's cost. Applicant shall be responsible to coordinate electrification of the new installation with the utility provider, including independent metering of electrical power required for applicant's installations as provided in the preceding subsection 17.77.040.D. Upon installation, the new pole shall become the property of the city. (Ord. 2019-03 § 7, 2019)

   A.   General Standards. Small cell wireless facilities and any ancillary equipment shall comply with the following permit requirements of this section, and shall be located and designed and whenever possible screened to blend with the existing natural or built surroundings, as is required for similar construction projects within the city. Small cell wireless facilities shall utilize the smallest footprint possible, and shall be designed to minimize the overall height, mass, and size. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that matches the typical sky color at that location to the satisfaction of the Zoning Administrator or designee.

   B.   Ancillary Equipment. To comply with important local aesthetics and expressive concerns, ancillary equipment and any support facilities for small cell wireless facilities located in the public right-of-way shall be installed in accordance with the following preferences, ordered from most preferred to least preferred: (i) underground in any area in which the existing utilities are primarily located underground; (ii) on the pole or support structure; or (iii) integrated into the base of the pole or support structure. Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that the more preferred installation location would be technically infeasible. Any claim of infeasibility shall be supported by substantial evidence to the satisfaction of the City Engineer or designee. In the event that undergrounding of ancillary equipment is not possible, all such equipment shall be located within a stealth facility, and shall comply with all applicable laws, including but not limited to the American Disabilities Act.

   C.   Pole Designs. All small cell wireless facility pole installations shall be sufficiently designed and engineered such that no additional supporting hardware is required beyond the pole itself. A small cell wireless facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.

   D.   Non-Reflective Materials. Small cell wireless facilities shall be constructed out of non-reflective materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop. Anodized metal is an acceptable treatment.

   E.   Design Preservation. Applicants are responsible for maintaining and preserving design and aesthetic features for each facility, ancillary equipment and any support infrastructure, including but not limited to color, tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.

   F.   Security Fencing. Under no circumstances shall security fencing be permitted.

   G.   Volume. Each individual antenna may not exceed three (3) cubic feet in volume and all antennas may not exceed six (6) cubic feet in volume. All accessory equipment associated with a small wireless facility installed above ground level shall not cumulatively exceed: (i) nine (9) cubic feet in volume if installed in a residential district or within five hundred (500) feet from any structure approved for a residential use; or (ii) seventeen (17) cubic feet in volume if installed in a non-residential district. The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the non-antenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground. The requirements of this section may be modified by the City Council pursuant to the authority set forth in Section 17.77.050(H) below.

   H.   Additional Design Requirements. Small cell wireless facilities shall comply with all other design requirements that may be adopted from time to time by the City Council and which are in effect at the time the application is submitted and complete. Such design requirements are available from the city's Development Services Department. (Ord. 2019-03 § 7, 2019)

   A.   Compliance Required. No applications for small cell wireless facilities shall be deemed complete unless the applicant has submitted all required application materials and applicable fees, as provided by this section.

      1.   Batching Applications. Applicants submitting applications for more than two (2) Small Cell Attachment Permit locations will be required to batch their applications in order to expedite review and action.

   B.   Application Materials. A complete application for Small Cell Attachment Permits shall include the following information:

      1.   A completed and signed application and checklist provided by the Development Services Department. The application shall be signed by the applicant or by the applicant's authorized agent or representative, as well as by the property owner if the facility will be located outside of the right-of-way.

      2.   A sworn statement entitled "Compliance Verification" by the applicant or by the applicant's authorized agent or representative, stating that the application holds all applicable licenses or other approvals required by the Federal Communications Commission (FCC), the California Public Utilities Commission (PUC), and any other agency of the federal or state government with authority to regulate telecommunications facilities that are required in order for the applicant to construct the proposed facility.

      3.   Documentation of, or a sworn statement by the applicant or by the applicant's authorized agent or representative, stating that applicant is in compliance with all conditions imposed in conjunction with such licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of antennas, equipment cabinets, and related small cell wireless communications facilities proposed to be installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable FCC requirements and standards.

      4.   A preliminary report quantifying the proposed small cell wireless facility's radio frequency emissions and potential human exposure, the cumulative emissions of other facilities located on the same site and comparisons to current standards recommended by the Institute of Electrical and Electronic Engineers. Analysis must be based on the current FCC rules, regulations, and standards.

   C.   Proof of Legal Right to Use Property. Applications for small cell wireless facilities must be accompanied by evidence satisfactory to the city demonstrating the property owner's consent or other form of proof demonstrating applicant's legal right to use the property upon which it proposes to attach the small cell wireless facility. Applicant must demonstrate evidence satisfactory to city for each and every proposed small cell wireless facility. Failure to demonstrate a legal right to utilize the property upon which a small cell wireless facility is attached is grounds for permit revocation. A small cell wireless facility may not be located on city-owned property, including any city-owned pole, without the express written permission of the city.    

      1.   Master License Agreements for city-owned structures. Applicants that have entered into a valid Master License Agreement with the city for multiple small cell wireless facility attachments upon city-owned structures shall be deemed to satisfy the requirements of this Subsection (C) for each small cell wireless facility subject to the Master License Agreement. Applications for all site locations subject to the Master License Agreement shall be batched and processed together. Small cell wireless facilities subject to the terms of a Master License Agreement shall still obtain an encroachment permit, and are subject to staff-level design review to ensure compliance with any provisions in the Master License Agreements as well as to ensure the best possible design consistent therewith.

   D.   Site Plans and Layouts. Applicants shall submit the following information with the application electronically or by hardcopy. Hardcopy submittals shall be provided in triplicate.

      1.   Map and Inventory of Proposed Sites. Applicant shall provide a map of the proposed site(s) including photographs of the city-owned light pole(s) as appropriate, where the facility(ies) is/are proposed to be located. Map shall show all land uses within eight hundred (800) feet of the proposed small cell wireless facility sites(s), shown on the map.

      2.   Photo Simulations of Small Cell Facility and Ancillary Equipment. Applicant shall show the placement of the proposed small cell wireless facility. The simulation(s) shall show where the small cell wireless facility is proposed to be placed, where the ancillary equipment (cables, power sources, electricity, and any other items required to operate and support the facility) is proposed to be located and how they will be finished to comply with the requirements of this chapter. The proposed location and treatment of the small cell wireless facility and any ancillary equipment shall comply with the aesthetic requirements in this chapter, and such other requirements adopted by the City Council.

      3.   Drawings and Plans. Applicant shall furnish site plan, plans, and elevations drawn to scale that identify the proposed small cell wireless facility and ancillary equipment placement. Elevations shall include all structures on which facilities are proposed to be located. All proposed structures, including ancillary equipment, shall be drawn to scale on the elevations. Site plans shall include depiction of signage required by Section 17.77.040(D)(2). In addition, site plans showing the existing condition of the structure and surrounding area shall be prepared and submitted.

      4.   Camouflage and/or Matching Methods. Applicant shall provide both a description of methods proposed to stealth the small cell wireless facility and all ancillary equipment, and colors and materials specifications.

      5.   Identify all Ancillary Equipment. Plans shall identify any and all ancillary equipment required to support the small cell wireless facility, including but not limited to emergency generators, air conditioning equipment, cables, and power sources.

   E.   Fee Requirements. An application for small cell wireless facilities shall be accompanied by the following fee payments:

      1.   Right-of-Way Pole Usage Fee. Unless set forth in a Master License Agreement, and in that case, the terms of the Master License Agreement shall govern, pole usage fee amounts shall be set by the city's most current Master Fee Schedule as established by City Council resolution.

      2.   City Processing Fees. City application and permit processing fees shall be charged pursuant to the city's Master Fee Schedule in effect at the time the application is filed. (Ord. 2019-03 § 7, 2019)

   A.   Review and Notice. Applications submitted to the city will be promptly processed and reviewed. Applicants will be notified of incomplete applications as promptly as possible. After an application has been deemed incomplete, in order to proceed further in the application process, applicants shall provide such supplemental information to address the incompleteness or insufficiencies identified in the city's notice.

      1.   An application for a Small Cell Attachment Permit shall be reviewed by the Zoning Administrator, or such other person designated by the City Manager.

      2.   Following determination of a complete application, the applicant shall mail "Notice of Application to Install Small Cell Wireless Facility" to all properties, and the owners of such property, within five hundred (500) feet of the proposed site(s). The applicant shall also schedule a neighborhood outreach meeting involving residents and businesses within the radius area as described in this subsection within two (2) weeks of submittal of an application. Applicant shall submit an affidavit to the Zoning Administrator that the mailing of notice and community meeting occurred as required by this subsection.

      3.   If the Zoning Administrator determines that a complete application meets the requirements of this chapter, the Zoning Administrator shall schedule a public hearing regarding the application, at which time any interested persons may provide comment on the application. Notice of the hearing shall be provided in accordance with the requirements of Section 17.10.050, except that notice shall be sent to the all properties and the owners of such property within five hundred (500) feet. In addition, applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet.

      4.   After the conclusion of the public hearing, the Zoning Administrator shall determine whether the application(s) meet(s) the requirements of this chapter, and any other requirements established by the City Council, and shall approve applications that comply with all such requirements. The Zoning Administrator shall provide notice of the decision in the same manner as required by subsection (hearing shall be provided in accordance with the requirements of Section 17.77.070(A)(3)). Applicant shall be responsible for providing the Zoning Administrator with postage prepaid envelopes addressed to all properties, and the owners of such property, within five hundred (500) feet.

   B.   Pre-Submittal Actions. To ensure complete submissions, applicant(s) for small cell wireless facilities are encouraged to complete the following tasks prior to the Zoning Administrator scheduling a public hearing regarding an application:

      1.   Participate in a pre-submittal meeting with city staff.

      2.   Schedule a Neighborhood Outreach meeting involving residents and businesses within the radius area as described in section A above.

   C.   Financial Assurances. Prior to obtaining a permit to erect or install the proposed facility, the applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager, for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.

   D.   Permit Approval and Installation. No small cell wireless facility shall be installed unless and until the city has issued a Small Cell Attachment Permit, an encroachment permit and building permit for that particular small cell wireless facility.

   E.   Modification of Requirements. The City Council may waive or modify requirements of this chapter if denial of the application would have the effect of prohibiting the provision of telecommunications services, unreasonably discriminating among service providers, or constituting any other violation of state or federal law. The applicant shall have the burden of proving that the denial would result in such a violation. (Ord. 2019-03 § 7, 2019)

   A.   Voluntary Cessation. Applicants intending to vacate a small cell wireless facility site shall notify the Community Development Director or designee of this intent to vacate at least thirty (30) days prior to the vacation.

   B.   Abandonment. A permit for a small cell wireless facility that is not operated for a continuous period of six (6) months shall be deemed lapsed and the site will be considered abandoned unless:

      1.   The Community Development Director or designee has received notice from the same operator of intent to resume operations within six (6) months; or

      2.   The city has received an application to transfer the permit to another service provider.

   C.   Removal of Facilities and Restoration of Site. No later than ninety (90) days from the date a small cell wireless facility has ceased operation, or from the date of receipt of the applicant's notice of its intent to vacate the site, the applicant or its authorized agent of the abandoned small cell wireless facility shall remove all equipment and improvements associated with the use, and shall restore the site to its original condition as shown on the plans submitted with the original approved application or as required by the Community Development Director.

      1.   The applicant or its authorized agent may use any bond or other assurances provided pursuant to the requirements of Section 17.77.070.C ("Financial Assurances") to fulfill the requirements of this subsection.

      2.   The owner or agent shall provide written verification of the removal of the small cell wireless facility within thirty (30) days of the date the removal is completed.

   D.   Failure to Remove and Restore. A small cell wireless facility that is not removed and the site has not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance pursuant to the Municipal Code. The Community Development Director or designee may cause the facility to be removed at the owners' expense or by calling any bond or other financial assurance to pay for removal.

      1.   For a single structure occupied by two (2) or more users, this subsection shall not apply while at least one (1) user continues to actively use the structure.

      2.   The requirement for removal of equipment in compliance with this section shall be included as a provision in any lease of private property for small cell wireless facilities.

   E.   Destruction of Pole or City Discontinuation of Use. If a city-owned structure upon which a small cell wireless facility is located is damaged, destroyed, or demolished by acts beyond city's control, the right for such small cell wireless facility to continue occupying the structure shall cease. Applicant may opt to construct a pole or structure to replace the damaged, destroyed or demolished city structure in compliance with the requirements of this chapter, including structural inspection and separate metering requirements. (Ord. 2019-03 § 7, 2019)

   A.   General Conditions. In addition to all other conditions that may be adopted by the Zoning Administrator for a small cell wireless attachment permit, all such permits issued under this chapter shall be automatically subject to the conditions in this subsection A.

      1.   Permit Term. This small cell permit will automatically expire five (5) years and one (1) day from its issuance. Any other permits or approvals issued in connection with any collocation, modification or other change to this small wireless facility, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law. To the extent that this small cell permit is issued in connection with any structure owned or controlled by the city and located in the public rights-of-way, this small cell permit shall be coterminous with the cancellation, termination or expiration of the agreement between the applicant and the city for access to the subject city structure.

      2.   Permit Renewal. Not more than one (1) year before this small cell permit expires, the permittee may apply for permit renewal. The permittee must demonstrate that the subject small wireless facility complies with all the conditions of approval associated with this small cell permit and all applicable provisions in the Municipal Code that exist at the time the decision to renew or not renew the permit is rendered.

      3.   Compliance with Laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law ("laws") applicable to the permittee, the subject property, the small wireless facility or any use or activities in connection with the use authorized in this small cell permit, which includes without limitation any laws applicable to human exposure to radio frequency emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee's obligations to maintain compliance with all laws. No failure or omission by the city to timely notice, prompt or enforce compliance with any applicable provision in the Municipal Code, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee's obligation to comply in all respects with all applicable provisions in the Municipal Code, any permit, any permit condition or any applicable law or regulation. (Ord. 2019-03 § 7, 2019)

   Any decisions made pursuant to this chapter may be appealed pursuant to the provisions of Chapter 17.10. (Ord. 2019-03 § 7, 2019)

   Failure to comply with these standards shall be considered a violation of conditions of approval subject to enforcement pursuant to provisions of Chapter 17.16 and/or any other applicable provision of this Municipal Code. (Ord. 2019-03 § 7, 2019)