San Bernardino City Zoning Code

   This Chapter establishes the regulations and criteria that determine the location of compatible accessory structures and uses within various land use zoning districts. The purpose of this Chapter is also intended to provide for the creation of accessory dwelling units and junior accessory dwelling units in accordance with applicable state law. If for any reason any provision in this Chapter is declared invalid, then all other provisions shall remain valid and enforceable.

   This Chapter establishes the regulations and criteria that determine the location of compatible accessory structures and uses within various land use zoning districts. The purpose of this Chapter is also intended to provide for the creation of accessory dwelling units and junior accessory dwelling units in accordance with applicable state law. If for any reason any provision in this Chapter is declared invalid, then all other provisions shall remain valid and enforceable.

(Ord. 4383, passed - -2020; Am. Ord. 4504, passed - -2026)

   (a)   Land Use Zoning District Regulations Applicable. Unless otherwise provided, accessory structures and uses shall be subject to the same regulations as the primary structure or use, including projections into setbacks specified in § 83.02.080 (Allowed Projections).

      (1)   The same parcel as the primary structure or use; or

      (2)   A contiguous parcel that is owned by the same owner who owns the parcel that has the primary structure or use, with the exception of:

         (A)   Guest housing and accessory dwelling units in compliance with § 84.01.050(a), below.

           (B)   Those properties that touch property lines of a subject parcel when the lines are projected across public or private rights of way, easements, roads, streets, or railroad rights of way.

         (C)   Utilities shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of proposed utilities would otherwise cross the property line of two or more contiguous parcels held by the same owner, the property owner shall apply for and receive an approved voluntary lot merger before issuance of a building permit.

      (1)   The same parcel as the primary structure or use; or

      (2)   A contiguous parcel that is owned by the same owner who owns the parcel that has the primary structure or use, with the exception of:

         (A)   Guest housing and accessory dwelling units in compliance with § 84.01.050(a), below.

         (B)   Those properties that touch property lines of a subject parcel when the lines are projected across public or private rights of way, easements, roads, streets, or railroad rights of way.

         (C)   Utilities shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of proposed utilities would otherwise cross the property line of two or more contiguous parcels held by the same owner, the property owner shall apply for and receive an approved voluntary lot merger before issuance of a building permit.

(Ord. 4383, passed - -2020; Am. Ord. 4393, passed - -2020; Am. Ord. 4504, passed - -2026)

   This Section provides standards for accessory structures and uses that are related to a primary agricultural use.

   This Section provides standards for accessory structures and uses that are related to a primary agricultural use.

(Ord. 4383, passed - -2020; Am. Ord. 4504, passed - -2026)

   This Section provides standards for accessory structures and uses that are related to primary commercial and industrial uses.

   (c)   Seasonal Labor Quarters. Labor quarters for commercial or industrial operations that are limited to three months of the year may utilize recreational vehicles as temporary labor quarters. A Site Plan Permit shall still be required to ensure proper services are supplied to the temporary laborers. Also, a Special Use Permit shall be required to monitor the use. Failure to obtain both the Site Plan Permit and the Special Use Permit required under this subsection shall render the placement, use and/or occupancy of recreational vehicles or similar vehicles unlawful and subject to enforcement under Chapter 86.09 of this Code.

   This Section provides standards for accessory structures and uses that are related to primary commercial and industrial uses.

(Ord. 4383, passed - -2020; Am. Ord. 4504, passed - -2026)

   This Section provides standards for Accessory Structures and Uses that are related to residential single-family and multi-family dwelling units (e.g., play yards, pools, storage sheds, etc.) or that are residential in nature (e.g., guest housing, accessory dwelling units, etc.).

      (1)   Except in the Mountain Region, structures and uses such as cabanas, tennis courts, ramadas, water towers and wells, swimming pools, or storage buildings shall not extend in front of the primary structure where the primary structure faces a street right-of-way.

      (2)   Accessory dwelling units may be located in front of the primary structure when in compliance with setback standards.

      (3)   Ground mounted solar may be located in front of the primary structure when in compliance with setback standards, screened and not prominently visible from the street.

      (1)   Freight containers, railroad cars, intermodal containers, and other similar storage-type structures shall be allowed as accessory structures in the RS (Single Residential) or RM (Multiple Residential) land use zoning districts provided that they are compatible with the appearance of the on-site primary structure and the surrounding neighborhood and setting. A Compatibility Determination application shall be approved by the Planning Division of the Land Use Services Department to allow such a structure. Screening such a structure from view from the street or the physical alteration of such a structure, such as painting or otherwise altering the structure, may be considered in the approval of the application. Such railroad car, container or similar storage-type structure shall be placed behind the primary structure and not prominently visible from the street.

      (2)   Freight containers, railroad cars, intermodal containers, and other similar storage-type structures shall be allowed as accessory structures in the Agriculture (AG) or Rural Living (RL) land use zoning districts provided that they shall be altered, either painted or structurally altered, to appear to be similar to, and compatible with, the appearance of the on-site primary structure and the surrounding neighborhood or to blend in with the surrounding environment. Such railroad car, container or similar storage-type structure shall be allowed provided that the container can be placed behind the primary structure and not prominently visible from the street.

(Ord. 4383, passed - -2020; Am. Ord. 4400, passed - -2021; Am. Ord. 4504, passed - -2026)

   (a)   Adult businesses shall only be established in the General Commercial (CG) or Community Industrial (IC) land use zoning districts and shall be subject to the location and design standards specified by this Chapter, and the approval of an Adult Business Regulatory Permit in compliance with Chapter 85.21 (Adult Business Regulatory Permit).

   (b)   Required Separation Distance from Other Uses. An adult business shall not be established or located within:

      (1)   Five hundred feet of the following:

         (A)   Any County or city land use zoning district that contains the words “Residence” or “Residential” within its title.

         (B)   Any city land use zoning district that permits residential development (other than caretakers residences) by right, including city pre-zoning of unincorporated lands for which an annexation has been filed with, accepted by, and is being actively processed by LAFCO prior to the effective date of this Chapter.

         (C)   Any place of worship as defined in § 810.01.170.

         (D)   Any school as defined in § 84.02.020.

         (E)   Any park as defined in § 84.02.020.

      (2)   Two hundred fifty feet of the following:

         (A)   Any residential use located within a County land use zoning district that contains the words “Rural Living.”

         (B)   Any residential use located within the IC land use zoning district.

   (c)   Separation of Adult Businesses. An adult business shall not be established or located within 1,000 feet of an existing adult business. If two or more existing adult businesses are located in closer proximity to each other than 1,000 feet, then in determining which of the businesses is or are nonconforming, preference shall be given in the order of the respective lengths of continuous uninterrupted operation of the businesses.

   (d)   Distance Measurement. For the purposes of this Chapter, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the parcel on which the adult business is or will be located to the nearest property line of a land use or land use zoning district described in Subdivision (a) of this Section, or to the nearest point of the structure in which an adult business described in Subdivision (b), of this Section, is located.

(Ord. 4011, passed 2007; Am. Ord. 4239, passed - -2014)

   “Establishment of an adult business” shall mean any of the following:

   (a)   The opening or commencement of any “adult business” as a new business;

   (b)   The conversion of an existing business, whether or not an “adult business,” to any “adult business;”

   (c)   The addition of any “adult business” to any other existing “adult business;”

   (d)   The relocation of any “adult business;” or

   (e)   Physical changes that expand the square footage of an existing “adult business” by more than ten percent.

(Ord. 4011, passed - -2007; Am. Ord. 4239, passed - -2014)

   The purpose of this Chapter is to regulate the establishment and operation of agritourism enterprises in order to maintain and preserve the rural character, integrity, and property values of surrounding areas in which these uses are located.

(Ord. 4011, passed - -2007)

   The permit requirements and standards provided in this Chapter apply to agritourism enterprises where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

   The following permit requirements and development standards shall apply to all agritourism enterprises.

   (a)   Permit Requirements and Development Standards.

      (1)   Scope of Use and Permit Requirements. The allowed scope of use, minimum lot size, and permit requirements for an agritourism enterprise shall be as provided in Table 84-1.

 

      (2)   Storage Areas. The total area of all storage areas shall not exceed 25 percent of the total floor area of the structures used for the agritourism enterprise.

      (3)   Setbacks. Structures for agritourism enterprises shall be set back from lot lines in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) unless a greater setback is required by the applicable review authority.

   (b)   Operational Standards.

      (1)   Incidental to Primary Agricultural, Horticultural, Animal Husbandry Use. An agritourism enterprise shall be incidental to the primary associated agricultural, horticultural, or animal husbandry use being conducted on the property. For the purposes of this Section, a primary agricultural, horticultural, or animal husbandry use shall mean that:

         (A)   At least 50 percent of the total gross parcel area shall be suitable and available for agricultural, horticultural animal husbandry or open space use; and

         (B)   At least fifty percent of that 50 percent area (i.e., 25 percent of the total gross parcel area) shall be in actual active agricultural, horticultural, or animal husbandry use. For operations with a total area greater than 200 acres, at least 40 acres must be actual active agricultural, horticultural, or animal husbandry use.

      (2)   Operator. The agritourism enterprise shall be operated or maintained by the owner, operator, or occupant of the land upon which the primary associated agriculture, horticulture, or animal husbandry use is being conducted.

      (3)   Hours of Operation. Hours of operation for outdoor activities shall be limited to 8:00 a.m. to 8:00 p.m.

      (4)   Private Special Events for Compensation. Private special events (e.g. weddings, receptions, parties, etc.) or similar activities conducted for compensation may be held, as follows.

         (A)   Up to five private special events in a 12-month time period shall require a Site Plan Permit.

         (B)   Six to 12 private special events in a 12-month time period shall require a Minor Use Permit.

         (C)   Thirteen or more private special events in a 12-month time period shall require a Conditional Use Permit.

   (c)   Existing Structures/Uses. A structure existing before the adoption of this Chapter may be used for an agritourism enterprise and shall be exempt from the minimum lot area and floor area requirements specified in this Chapter, provided that an expansion or enlargement the structure(s) shall not exceed 15 percent of the total floor area existing before adoption of this Chapter unless a greater expansion is allowed through approval of a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).

   (d)   Additional Licenses and Permits. In addition to required land use permits, an agritourism enterprise may be required to obtain licenses and permits from other County Departments (e.g., business licenses from the County Clerk, food service or sales licenses from the County Department of Public Health, animal care licenses from the County Department of Public Health, etc.).

   (e)   Seasonal Operations. Those operations that will be limited to three months of the year that encompass the harvest season of the agricultural product to which the tourism activity is an accessory use may be operated with reduced standards. These shall include the following:

      (1)   Parking Area. The parking area does not need to be surfaced with a minimum of two inches of asphaltic concrete paving or plant-mix surfacing but shall be provided with a dust-proofed surface of slag, crushed rock, or an equivalent measure.

      (2)   Sanitation Facilities. Toilets, potable water, lavatories, wastewater may be used for seasonal operations in compliance with the provisions required for a Temporary Special Event.

      (3)   Permit Required. Even though an operation may be seasonal, if a structure is built, land use approvals shall be required in compliance with Table 84-1 above.

(Ord. 4011, passed - -2007; Am. Ord. 4162, passed - -2012)

   The purpose of this Chapter is to ensure that the keeping, raising, and maintenance of animals do not create an adverse impact on adjacent properties by reason of bright lights, dust, fumes, insect infestations, noise, odor, or visual blight.

(Ord. 4011, passed - -2007)

   The regulations in this Chapter apply to all animal-keeping uses in the County, except as otherwise provided in Chapter 82.07 (Additional Agricultural Overlay).

(Ord. 4011, passed - -2007)

   (a)   Applicable Local Health and Animal Control Regulations. The keeping of animals in all land use zoning districts shall be subject to the conditions of the County Public Health Department and the regulations of Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

   (b)   Pre-Existing Uses. A legally established nonconforming animal-keeping use shall be allowed to continue subject to Chapter 84.17 (Nonconforming Uses and Structures).

   (c)   Allowed Uses. Animal-keeping uses shall be allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and shall comply with the permit requirements and standards in this Chapter and other requirements in this Development Code and the County Code.

(Ord. 4011, passed - -2007)

   (a)   Accessory Residential Use. The keeping of exotic animals shall be an accessory use to a single-family dwelling unit.

   (b)   Special Use Permit Requirements. The keeping of exotic animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits).

      (1)   Before giving notice to adjacent property owners, the review authority shall request that the County Veterinarian submit a statement regarding the particular animal’s mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavior characteristics.

      (2)   Approval of a Special Use Permit for an exotic animal shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained the following:

         (A)   Permit from the County Public Health Department.

         (B)   Permit from the State Department of Fish and Game.

      (3)   Each Special Use Permit shall specify the periodic renewal period and inspection requirements in compliance with Chapter 85.14 (Special Use Permits).

   (c)   Standards. In addition to conditions imposed by the review authority for the Special Use Permit, the keeping of exotic animals shall comply with the following standards.

      (1)   The keeping of an exotic animal shall comply with all County Code requirements, including setbacks from property lines and other dwellings as identified in § 84.04.090 (b) (Setbacks).

      (2)   The keeping of an exotic animal shall comply with all applicable Federal and State requirements.

      (3)   No more than two exotic animals over the age of six months shall be kept as an accessory use to a single dwelling unit, unless a Conditional Use Permit for a menagerie or zoo has been approved in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).

      (4)   Each exotic animal shall have sufficient area to be maintained and exercised in a normal healthy manner as determined by the County Veterinarian.

(Ord. 4011, passed - -2007)

   Commercial kennels and/or catteries, where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses), shall be subject to the regulations in this Section.

   (a)   Compliance with Health Regulations. The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

   (b)   Permit Requirements. A commercial kennel and/or a cattery shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits). If the establishment has both dogs and cats, only one Special Use Permit shall be required. A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department.

   (c)   Minimum Parcel Size.  Table 84-2 indicates the minimum parcel sizes required for commercial kennels and/or catteries in the land use zoning districts indicated.

 

   (d)   Standards and Permit Requirements for Breeding Operations Within RC, AG or RL Land Use Zoning Districts. In addition to conditions imposed by the review authority for the Special Use Permit, commercial kennels and catteries for breeding operations located within a Resource Conservation, Agriculture or Rural Living Land Use Zoning Districts shall comply with the following standards and permit requirements:

      (1)   Accessory Residential Use. A commercial kennel and/or cattery that involves breeding shall be an accessory use to a single-family dwelling unit.

      (2)   Permit Requirements. A commercial kennel and/or cattery for up to 15 animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits). If the establishment has both dogs and cats, only one Special Use Permit shall be required. A commercial kennel and/or cattery for more than 15 animals shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits) and a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).

      (3)   A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department.

      (4)   Compliance with Health Regulations. The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (5)   Compliance with Land Use Zoning District Development Standards. The keeping of dogs and cats shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses). In the event there is a conflict between a provision in this Section and a provision in Chapter 3 (Commercial Kennels), in Division 2, Title 3, of the County Code, the stricter standard shall apply.

      (6)   Minimum Parcel Size. A minimum parcel size of two and one half acres shall be required.

      (7)   Density of Animals and Maximum Number of Animals. Animal densities shall be as follows:

 

 

         A maximum of 50 dogs and/or cats shall be allowed regardless of the size of the parcel(s).

      (8)   Setbacks. All animals shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

      (9)   Housing. All dogs shall be housed in the indoor portion of the kennel from 9:00 p.m. to 7:00 a.m. The kennel shall be a solid, four-walled structure with a solid roof. Appropriate exercise areas shall be provided and shall be sheltered from the elements and be secure. Adequate heating, cooling, lighting, ventilation and bedding must be provided as required to the individual needs of the animals.

      (10)   Inspections. Commercial kennels and/or catteries shall be inspected by the County Public Health Department annually. The County Public Health Department and the Code Enforcement Division shall conduct an inspection jointly when necessary.

      (11)   Noise. Noise shall be attenuated to 55 dB(A) from the property line.

      (12)   Light and Glare. Direct and indirect glare from the source shall not cause glare upon adjacent property owners in compliance with Chapter 83.07 (Glare and Outdoor Lighting).

      (13)   Fencing. Fencing shall comply with Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (14)   Screening. The Special Use Permit may require the use to be fully screened from adjacent properties.

      (15)   Sign. One sign, not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number, shall be posted at all entries to the parcel.

      (16)   Compliance with State Laws. The commercial kennel and/or cattery shall comply with the State laws regarding the sale of dogs by breeders.

   (e)   Standards and Permit Requirements for Breeding Operations Within Commercial or Industrial Districts. In addition to conditions imposed by the review authority for the Special Use Permit, commercial kennels and catteries for breeding operations located within commercial or industrial land use zoning districts shall comply with the following standards and permit requirements:

      (1)   Caretaker’ Residence. If a commercial kennel and/or cattery that involves breeding is located within a commercial or industrial land use zoning district, a caretaker’s residence shall be located on-site or the use shall have employees on-site 24-hour per day.

      (2)   Permit Requirements. A commercial kennel and/or cattery shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits) and a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).

      (3)   A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department.

      (4)   Compliance with Health Regulations. The commercial kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (5)   Compliance with Land Use Zoning District Development Standards. The keeping of dogs and cats shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses). In the event there is a conflict between a provision in this Section and a provision in Chapter 3 (Commercial Kennels), in Division 2, Title 3, of the County Code, the stricter standard shall apply.

      (6)   Minimum Parcel Size. A minimum parcel size of two and one half acres shall be required.

      (7)   Density of Animals and Maximum Number of Animals. Animal densities shall be as follows:

 

 

         A maximum of 200 dogs and/or cats shall be allowed regardless of the size of the parcel(s).

      (8)   Setbacks. All animals shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

      (9)   Housing. All dogs shall be housed in the indoor portion of the kennel from 9:00 p.m. to 7:00 a.m. The kennel shall be a solid, four-walled structure with a solid roof. Appropriate exercise areas shall be provided and shall be sheltered from the elements and be secure. Adequate heating, cooling, lighting, ventilation and bedding must be provided as required to the individual needs of the animals.

      (10)   Inspections. Commercial kennels and/or catteries shall be inspected by the County Public Health Department annually. The County Public Health Department and the Code Enforcement Division shall conduct an inspection jointly when necessary.

      (11)   Noise. Noise shall be attenuated to 55 dB(A) from the property line.

      (12)   Light and Glare. Direct and indirect glare from the source shall not cause glare upon adjacent property owners in compliance with Chapter 83.07 (Glare and Outdoor Lighting).

      (13)   Fencing. Fencing shall comply with Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (14)   Screening. The Special Use Permit may require the use to be fully screened from adjacent properties.

      (15)   Sign. One sign, not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number, shall be posted at all entries to the parcel.

      (16)   Compliance with State laws. The commercial kennel and/or cattery shall comply with the State laws regarding the sale of dogs by breeders.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   Private kennels and/or catteries shall be subject to the regulations in this Section.

   (a)   Accessory Residential Use. A private kennel and/or cattery shall be an accessory use to a single-family dwelling unit.

   (b)   Permit Requirements. A private kennel and/or cattery shall require a Special Use Permit in compliance with Chapter 85.14 (Special Use Permits). If the establishment has both dogs and cats, only one Special Use Permit shall be required. A Special Use Permit shall not be effective until the Code Enforcement Division receives written evidence that the applicant has applied for and obtained required permits from the County Public Health Department.

   (c)   Standards. In addition to conditions imposed by the review authority for the Special Use Permit, private kennels and catteries shall comply with the following standards:

      (1)   Compliance with Health Regulations. The private kennel shall comply with the provisions of Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code. The commercial cattery shall comply with the provisions of Chapter 12 (Catteries) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (2)   Compliance with Land Use Zoning District Development Standards. The keeping of dogs and cats shall only be allowed within a Resources Conservation (RC), Agriculture (AG) or Rural Living (RL) Land Use Zoning District and shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses). In the event there is a conflict between a provision in this Section and a provision in Chapter 3 (Commercial Kennels), or Chapter 12 (Catteries), in Division 2, Title 3, of the County Code, the stricter standard shall apply.

      (3)   Minimum Parcel Size. A minimum parcel size of two and one half acres shall be required.

      (4)   Setbacks. All animals shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

      (5)   Maximum Number of Animals. A maximum of 15 dogs and/or cats per parcel shall be allowed.

      (6)   Housing. Unless all dogs or cats are kept in the house or garage at night, all dogs or cats shall be housed in the indoor portion of the kennel from 9:00 p.m. to 7:00 a.m. The kennel shall be a solid, four-walled structure with a solid roof. Appropriate exercise areas shall be provided and shall be sheltered from the elements and be secure. Adequate heating, cooling, lighting, ventilation and bedding must be provided as required to the individual needs of the animals.

      (7)   Inspections. Private kennels and/or catteries shall be inspected by the County Public Health Department annually. The County Public Health Department and the Code Enforcement Division shall conduct an inspection jointly when necessary.

      (8)   Noise. Noise shall be attenuated to 55 dB(A) from the property line.

      (9)   Light and Glare. Direct and indirect glare from the source shall not cause glare upon adjacent property owners in compliance with Chapter 83.07 (Glare and Outdoor Lighting).

      (10)   Fencing. Fencing shall comply with Chapter 3 (Commercial Kennels) in Division 2 (Animals), Title 3 (Health and Sanitation and Animal Regulations), of the County Code.

      (11)   Screening. The Special Use Permit may require the use to be fully screened from adjacent properties.

      (12)   Sign. One sign, not to exceed 12 square feet in area stating “Private Kennel” with a 24-hour emergency phone number, shall be posted at all entries to the parcel.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   Animal keeping allowed as a primary use shall be subject to the regulations in this Section.

   (a)   Compliance with Land Use Zoning District Development Standards. The keeping of animals shall comply with all County Code requirements, including setbacks from property lines and other dwellings as specified in Division 2 (Land Use Zoning Districts and Allowed Land Uses).

   (b)   Minimum Parcel Size. The following minimum parcel sizes shall be required for animal keeping as a primary use of the property.

      (1)   Two acres minimum shall be required in the Agricultural (AG), Special Development (SD), Resource Conservation (RC), and Rural Living (RL) Land Use Zoning Districts, unless otherwise noted in Table 84-3 (Animal Keeping Allowed as Primary Use).

      (2)   One-half acre minimum shall be required in the Floodway (FW) Land Use Zoning District.

   (c)   Parcel Area for Qualifying Number or Density of Animal Type. Parcel area used to qualify one animal type shall not be reused to qualify another animal type.

   (d)   Manure Management. Proper manure management shall be carried out in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

   (e)   Standards. The standards in Table 84-3 (Animal Keeping Allowed as Primary Use) shall apply to all animal keeping allowed as a primary use. Densities shall be based upon the total area of the subject property regardless of structures on-site or setback requirements.

   (f)   Conditional Use Permit Requirement for Different Densities and Animal Types. Primary animal keeping of densities greater than, or of animal types different from, those listed in Table 84-3 (Animal Keeping Allowed as Primary Use) shall be subject to a Conditional Use Permit.

 

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   Animal keeping allowed with a Conditional Use Permit shall be subject to the regulations in this Section and conditions imposed by the review authority in compliance with Chapter 85.06 (Conditional Use Permit/Minor Conditional Use Permit).

 

(Ord. 4011, passed - -2007)

   Animal keeping allowed as an accessory use to primary residential uses shall be subject to the regulations in this Section.

   (a)   Structures for Animal Maintenance and Care. Each animal keeping land use shall include all structures necessary to maintain and care for the animals (e.g., barn, coops, corral, pens, stables, etc.). The structures shall comply with the development standards identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and in this Section.

   (b)   Setbacks.

      (1)   Distance from Structures for Human Habitation or Assembly. All animals, other than cats, dogs, canaries or birds of the psitacinae family, shall be maintained at least 70 feet, measured in a straight line, away from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.

      (2)   Distance from Property Lines and Rights-of-Way. Animals shall be maintained at least five feet away from interior side and rear property lines, and 15 feet away from side street rights-of-way, excepting an alley or bridle path, unless they comply with the Subdivision (3) (Enclosure), below.

      (3)   Enclosure. Animals may be maintained by a fence at least five feet high and made of either chain link, wood with horizontal members no less than six inches apart, solid masonry or other appropriate solid screening and confining materials.

      (4)   Distance from Water Well. Animals shall be kept at least 100 feet away from any domestic water well.

   (c)   Newborn Animal Exception. Offspring of animals maintained on the same property in compliance with applicable laws and regulations that are less than four months old or that have not been weaned, whichever is longer, shall not be subject to the maximum density or number limitations established by this Chapter.

   (d)   Parcel Area for Qualifying Number or Density of Animal Type. Parcel area used to qualify one animal type shall not be reused to qualify another animal type.

   (e)   Manure Management. Proper manure management shall be carried out in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

   (f)   Compliance with Health Regulations. Animal keeping land uses shall comply with public health laws regarding proper care and maximum number of animals.

   (g)   Conditional Use Permit Requirement for Different Densities and Animal Types. Accessory animal keeping of densities greater than, or of animal types different from, those listed in Table 84-5 (Animal Keeping Allowed as Accessory Use) shall be subject to a Conditional Use Permit (e.g., educational animal projects, temporary grazing operations, etc.).

   (h)   Standards. The standards in Table 84-5 (Animal Keeping Allowed as Accessory Use) shall apply to all animal keeping allowed as an accessory use. Densities shall be based upon the total area of the subject property regardless of structures on-site or setback requirements.

   (i)   Additional Standards for Animal Keeping as Accessory Use to Primary Single-family Dwelling Unit. In addition to the requirements in this Section, the following provisions shall apply for animal keeping as an accessory use to a primary single-family dwelling unit only:

      (1)   Combinations of Animal Types. Combinations of the animal types shall be allowed, provided:

         (A)   The total number of animals in each category is not exceeded.

         (B)   Where a density ratio of animals per parcel area is specified, the parcel area is allocated only once, to either a primary or accessory animal keeping use. Parcel area used to qualify one animal type shall not be reused to allow another animal type.

         (C)   Animal types that are limited only by a maximum number per parcel are allowed in addition to any other accessory or primary animal keeping use.

         (D)   Parcels with multi-family residential structures shall be limited to the following animals for lots less than 7,200 square feet in size:

            (I)   Any combination of two dogs, cats, and/or pot-bellied pigs (under 50 pounds) shall be allowed per unit.

            (II)   Any combination of two chickens (or similar fowl—hens only) or rabbits or other similar small animals.

      (2)   Confined Animals.

         (A)   Animals that are normally maintained in aquariums, terrariums, vivariums, birdcages, or similar devices shall be allowed as an accessory animal keeping use, provided that the structure or device in which animals are kept shall be:

            (I)   A maximum of 50 cubic feet; and

            (II)   Maintained within an enclosed building.

         (B)   The maximum number or density limitations for these confined animal types shall comply with public health regulations.

   (j)   Additional Agriculture (AA) Overlay. See Chapter 82.07 Additional Agriculture (AA) Overlay for additional animal keeping regulations.

 

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4341, passed - -2018)

   The purpose of this Chapter is to regulate the establishment and operation of bed and breakfast facilities in order to maintain and preserve the residential character, integrity, and property values of surrounding areas within which these facilities are located and maintained.

(Ord. 4011, passed - -2007)

   The standards of this Chapter apply to bed and breakfast uses where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

   (a)   Classification of Types. Bed and breakfast uses shall be classified into three types.

      (1)   Host Home.

      (2)   Bed and Breakfast Home.

      (3)   Bed and Breakfast Inn/Lodge.

   (b)   Characteristics of Types of Bed and Breakfast Uses. See Table 84-6 (Standards for Bed and Breakfast Uses) in § 84.05.050(h) (Development Standards-Design standards), below.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   In addition to the land use permit required in Division 2 (Land Use Zoning Districts and Allowed Land Uses), the following shall also be required for bed and breakfast uses:

   (a)   Special Use Permit. A Special Use Permit shall be required in compliance with Chapter 85.14 (Special Use Permits) and shall be renewed annually. The review authority may void a Special Use Permit for a bed and breakfast use for noncompliance with the conditions outlined in the approved permit and shall notify the permittee of its action in compliance with Chapter 86.09 (Enforcement).

   (b)   Health Permit. A Health Permit shall be required in compliance with Title 3 (Health and Sanitation and Animal Regulations) of the County Code and shall be renewed annually.

   (c)   Transit Occupancy Tax (Bed Tax) Requirements. Bed and breakfast uses shall be subject to the Transient Occupancy Tax (“bed tax”) in compliance with Title 1 (Government and Administration) of the County Code.

   (d)   Certificate of Land Use Compliance. Where deemed appropriate by the Code Enforcement Division, owners/operators of bed and breakfast uses shall be required to sign and record a Certificate of Land Use Compliance and abide by its provisions in compliance with Chapter 85.05 (Certificates of Land Use Compliance).

(Ord. 4011, passed - -2007)

   (a)   Land Use Zoning District Requirements. Bed and breakfast uses shall be subject to the development standards for the land use zoning district in which they are located as identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and the development standards in this Chapter.

   (c)   Accessory to Residential Use. The bed and breakfast use shall be conducted as an accessory residential use only.

   (d)   Owner Residency Requirement. The residential structure shall serve as the primary residence of the owner of the bed and breakfast use. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where the bed and breakfast use is operated.

   (e)   Code and State Law Requirements.

      (2)   Each guest room shall be equipped with a fire extinguisher and a smoke detector that conform to the California Building Code Standards (CBC No. 43-6).

      (3)   An exit/egress map and an emergency evacuation map shall be displayed in a prominent location in each guest room in compliance with State law.

   (f)   Access and Driveways. The owner of the bed and breakfast use shall ensure that required access, driveways, and parking spaces remain clear and unobstructed and are available and ready for the occupants’ use at all times.

   (g)   Parking. In addition to the required parking standards for residential uses in Chapter 83.11 (Parking and Loading Standards), one parking stall measuring 19 feet in length and nine feet in width shall be provided on-site for each guest room. These additional parking spaces shall comply with the location and design standards established by the applicable land use zoning district and the provisions of Chapter 83.11 (Parking and Loading Standards). Neither on-street parking nor tandem parking shall be used to satisfy this on-site parking requirement. Additional parking spaces may be required when deemed necessary by the review authority.

   (h)   Design Standards.

      (1)   Minimum Number of Rooms and Parcel Size Requirements.  Table 84-6 (Standards for Bed and Breakfast Uses) identifies the required number of guest rooms, minimum number of bathrooms, and minimum parcel sizes applicable to each of the three types of bed and breakfast uses.

 

      (2)   Alterations and Modifications. Alterations and modifications may be made to the structures and the site but the alterations shall be compatible with the character of the neighborhood. The alterations and modifications shall also comply with applicable provisions, requirements, and standards of the County Code.

      (3)   Landscaping. Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where the parking is located within the front yard setback.

      (4)   Exterior Lighting. Lights to illuminate the site shall be designed and oriented to reflect away from adjoining properties and public thoroughfares.

      (5)   Signs. A non-illuminated identification sign, not to exceed six square feet in area, shall be allowed. If not attached to the residence, the sign shall not exceed six feet in height and shall blend with the architectural style of the structure and the neighborhood.

      (6)   Minimum Separation Requirements. A Bed and Breakfast facility shall not, at the time the Special Use Permit is issued, be located within 300 feet, as measured in a straight line from the property line of the parcel on which the facility is proposed, to the closest property line of any other dwelling unit permitted as a Bed and Breakfast facility. However, no more than two Bed and Breakfast facilities shall be located on the same block.

   (i)   Kitchen Facilities and Service of Meals.

      (1)   No cooking facilities shall be allowed in guest rooms.

      (2)   The sale of food or other materials shall be limited to guests who are currently residing on the premises where the use is located and not to the general public.

   (j)   Records of Patrons. Records of all guests who patronize the bed and breakfast establishment shall be preserved for a minimum period of three years before they are discarded.

   (k)   Pedestrian and Vehicular Traffic. Pedestrian and vehicular traffic shall be limited to that normally associated with residential land use zoning districts.

   (l)   Commercial Vehicles. The use shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

   (m)   Outdoor Storage. There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible, from outside the home.

   (n)   Residential Character of Structure. The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises, and vibrations.

   (o)   Utilities and Community Facilities. The uses of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

(Ord. 4011, passed - -2007; Am. Ord. 4230, passed - - 2014; Am. Ord. 4341, passed - -2018)

   (a)   Structures of Historical, Architectural, and Cultural Significance.

      (1)   Only the following residential structures shall be allowed to be used as a Bed and Breakfast Inn/Lodge:

         (A)   A residential structure that the Commission has determined to be of historical, architectural, or cultural significance; or

         (B)   A property that is listed in the State Register or the National Register of Historic Places.

      (2)   The Commission may establish Historic and Scenic Preservation Standards and shall review the proposal for a determination of historical, architectural, or cultural significance. In making its determination, the Commission shall consider the:

         (A)   Architecture of the structure noting the history, uniqueness, and style of the design.

         (B)   Historical and/or cultural value(s) of the property and/or the site.

         (C)   Age of the structure and its physical and structural condition.

      (3)   After a determination, the structure shall be listed:

         (A)   As a State Landmark or Point of Historical Interest; or

         (B)   On the National Register of Historic Places.

      (4)   If a Bed and Breakfast Inn/Lodge is associated with an agritourism use, these requirements shall not apply.

   (b)   Preservation and Maintenance of Significant Features. The Commission may require the preservation and maintenance of significant permanent landscaping features and significant historical, architectural, and/or cultural features of the structure and/or property.

   (c)   Pre-Alteration Inspection by Building Official. A residential structure that has been declared a historical structure shall be subject to pre-alteration inspection by the Building Official. A copy of the inspection report shall accompany the application for a Special Use Permit for a bed and breakfast use.

   (d)   Compliance with Building Code Standards. Historical structures proposed for bed and breakfast uses shall comply with current applicable California Building Code standards, including the State Historical Building Code, and those pertaining to the physical and structural conditions of the structure and the site.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide standards for publicly and privately owned and operated cemeteries.

(Ord. 4011, passed - -2007)

   The standards in this Chapter shall apply to cemeteries where allowed in compliance with the provisions of Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

   (a)   Establishment or Expansion of Boundaries. A Conditional Use Permit issued in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit) shall be required for the establishment of boundaries or a revised Conditional Use Permit shall be required for the expansion of previously approved boundaries. The permit applications and approvals shall identify proposed structures and major grading activities.

   (b)   Development of Gravesites Exempt. A Conditional Use Permit shall not be required for normal on-site development of gravesites within previously approved or established cemeteries that have recorded a map in compliance with Chapter 87.02 (Tentative Map Filing and Processing).

(Ord. 4011, passed - -2007)

   (a)   Screening. In addition to conditions necessary to ensure protection of public health, safety, and general welfare, the review authority may require adequate screening or fencing of the property reserved for cemetery purposes in order to clarify the ultimate boundaries of the cemetery.

   (b)   Compliance with State Health Law. The proposed cemetery or expansion shall comply with Health and Safety Code §§ 8100 et seq. (Cemeteries).

   (c)   Final Map. A Final Map shall be submitted to the County Surveyor for review and recordation in compliance with Chapter 87.02 (Tentative Map Filing and Processing).

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide standards for the location and operation of commercial and industrial uses that are located adjacent to residential uses. These standards are intended to protect the use and enjoyment of the residential uses and to minimize potential adverse visual and aesthetic effects.

(Ord. 4011, passed - -2007)

   The standards in this Chapter shall apply to commercial or industrial uses located on property zoned for commercial or industrial uses and abutting property zoned for residential use.

(Ord. 4011, passed - -2007)

   (a)   Setbacks. A setback of 15 feet or the distance required within the land use zoning district where the commercial or industrial use is located, whichever is greater, shall be maintained between the different land uses.

   (b)   Screening and Buffering. Loading docks, roof- or ground-mounted mechanical equipment (e.g., air conditioning, heating ventilation ducts and exhaust, etc.), utility services, and outside storage shall be enclosed by man-made or natural barrier(s) sufficient to screen them from public view from abutting public streets and rights-of-way and abutting areas zoned for residential or open space uses. The screening method shall be architecturally compatible with other site development in terms of colors, materials, and architectural style. In addition, the screening method shall be sufficient to attenuate noise levels to 65 dB(A) Ldn at the property line of the noise source.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide standards for the outdoor storage of firewood. These standards are intended to reduce fire hazards in order to protect lives and property and to avoid unnecessary burdens on the resources of local fire and rescue services.

(Ord. 4011, passed - -2007)

   The standards in this Chapter shall apply to the storage of firewood in nonresidential land use zoning districts, where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses), and the storage of firewood in residential land use zoning districts, which is an allowed accessory use.

(Ord. 4011, passed - -2007)

   (a)   Local Fire Authority Declaration. When submitting a Site Plan Permit application, the firewood contractor shall provide a letter from the Local Fire Authority declaring the allowed amount of firewood storage.

   (b)   Maximum Amount of Firewood Storage. The outdoor storage of firewood by a firewood contractor shall not exceed 60 cords of wood.

   (c)   Access. Fire Department access shall be continually maintained.

   (d)   Activities. Activities associated with firewood storage and sales shall be limited to stacking, bundling, loading, and unloading of the firewood.

   (e)   Hours of Operation. The hours of operation shall be limited to between the hours of 7:00 a.m. and 8:00 p.m.

   (f)   Maintenance. The operation shall be:

      (1)   Maintained free of rodents, insects, and other pests and in compliance with § 88.01.090 (Tree Protection from Insects and Disease);

      (2)   In compliance with County Fire Department Guidelines for Interpretations for Firewood Contractors and Wood Storage Yards; and

      (3)   Continually kept clean and free of excessive bark, wood chips, sawdust, and wood scraps.

   (g)   Paving. Before the initiation of the wood storage and sales use, a circulation aisle shall be paved to minimum County standards.

   (h)   Screening. Before initiation of the wood storage and sales use, the area shall be screened from view to a height of six feet by a chain link fence with slats, solid wood fence, or masonry wall.

   (i)   Separation. Where bulk timber and firewood is piled next to a property line on which a structure has been erected, the distance from the pile to property line shall be not less than one-half the height of the pile and in no case less than five feet. In the FS (Fire Safety) overlay, all areas used for the storage of firewood shall either be at least 30 feet away from all structures or wholly enclosed within a structure.

   (j)   Stacking. The wood shall be neatly stacked. Bulk timber and firewood shall be piled with due regard to stability of piles and in no case higher than 20 feet.

(Ord. 4011, passed - -2007)

   (a)   Maximum Amount of Firewood. In residential land use zoning districts, outdoor storage of firewood shall be allowed as an accessory use. Stored firewood shall not to exceed four cords (i.e., a total of 512 cubic feet, where a cord equals 128 cubic feet) in the RS (Single Residential) and RM (Multiple Residential) land use zoning districts.

   (b)   Separation. Where firewood is piled next to a property line on which a structure has been erected, the distance from the pile to property line shall be not less than five feet. In the Fire Safety Overlay, all areas used for the storage of firewood shall either be at least 30 feet away from all structures or wholly enclosed within a structure.

(Ord. 4011, passed - -2007)

   The purpose of this Section is to provide locational and operational standards for the conduct of garage and private yard sales. These standards are intended to allow residents the opportunity to sell unwanted household goods and items while preserving the residential nature of the surrounding neighborhood.

(Ord. 4011, passed - -2007)

   The standards in this Chapter shall apply to the conduct of garage and private yard sales.

(Ord. 4011, passed - -2007)

   (a)   Activity Prohibited in Public Right-of-way. Garage sale activity may not be conducted in the public right-of-way, including streets, sidewalks, parkways, or alleys.

   (b)   Items for Sale. Items sold at garage sales shall be used goods, wares, or merchandise of a household nature, and shall not have been acquired elsewhere for resale.

   (c)   Maximum Number of Sales per Year.

      (1)   Single-family dwellings shall be allowed a maximum of four garage sales per calendar year at the same address.

      (2)   Multi-family dwellings shall be allowed a maximum of two garage sales per calendar year per legal dwelling unit.

   (d)   Maximum Number of Consecutive Days. A garage sale may not last longer than three consecutive days.

   (e)   Residents Only. Only the residents of a property may conduct a garage sale.

   (f)   Sale Hours. Garage sale activity shall be limited to the hours of 8:00 a.m. to 5:00 p.m.

   (g)   Signs. Garage sale advertising signs shall not be posted on telephone poles, streetlights, traffic signs, or any other structure or location within the public right-of-way. Garage sale signs may not be posted earlier than one day before the first day of the garage sale nor more than one day after the last date of the garage sale.

   (h)   Permit Requirements. Garage sales that exceed the standards provided in this Chapter shall be considered temporary uses requiring compliance with Chapter 84.25 (Temporary Structures and Uses) and issuance of a Temporary Use Permit in compliance with Chapter 85.15 (Temporary Use Permits).

(Ord. 4011, passed - -2007)

   This Chapter provides guidelines for the regulation of hazardous materials for the protection of health, safety, and welfare of persons, resources, and property.

(Ord. 4011, passed - -2007)

   The provisions in this Chapter apply to hazardous waste facilities where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

   (a)   Special Use Permit Required. An approved Special Use Permit shall be required for the establishment of a hazardous waste facility.

   (b)   Purpose of Special Use Permit. The purpose of the Special Use Permit shall be to:

      (1)   Evaluate the operation and monitoring plan of the facility.

      (2)   Ensure the facility has adequate measures for monitoring on-going impacts to air quality, groundwater, and environmentally sensitive resources.

      (3)   Evaluate the types and quantities of wastes that will be treated or disposed of at the facility.

      (4)   Require periodic inspections of the facility to ensure conditions of approval are implemented and monitored.

   (c)   Disclosure Statement. A copy of the disclosure statement required by Health and Safety Code § 25200.4 shall accompany the application for a Special Use Permit for a specified hazardous waste facility.

(Ord. 4011, passed - -2007)

   This purpose of this Chapter is to provide locational and operational standards to ensure that home occupations cause minimal impact(s) on neighboring parcels.

(Ord. 4011, passed - -2007)

   This Chapter shall apply to all residential dwelling units in the County, including legal nonconforming residential dwelling units. However, this Chapter shall not apply to a childcare institution, child day care facility, group home, adult day care facility or any other social care facility that is licensed by the appropriate Federal, State, or local agency. Refer to Chapter 84.23 (Licensed Residential Care Facilities) for provisions governing those types of uses.

(Ord. 4011, passed - -2007)

   Home occupations are commercial uses that are accessory and incidental to a residential land use and that clearly do not alter the character or the appearance of the residential environment. Home occupations shall be separated into the following three classes of operations.

   (a)   Class I Home Occupation. Class I Home Occupations shall have no impact on the neighborhood in which they are located. Work is performed exclusively by phone and mail, or over the Internet; or the work is the activity of creative artists, music teachers, academic tutors, or similar educational instructors, and the activity is limited so that there are no impacts on the neighborhood. Typical activities shall include artist, writer, composer, teleworker, network marketer, music teacher, etc.

   (b)   Class II Home Occupation. Class II Home Occupations shall have a limited impact on the neighborhood in which they are located. Generally, only one nonresident employee shall be allowed and only a limited number of customers or clientele may visit the site. In the Mountain and Desert Regions, up to two nonresident employees may be permitted subject to the approval of the Director. Typical activities shall include pet groomer, hair stylist (one work station), tax consultant, yard maintenance, etc.

   (c)   Class III Home Occupation. Class III Home Occupations shall have a limited impact on the neighborhood in which they are located but also are slightly more intense than Class II in that they may involve the direct sales of products or merchandise to the public. Subject to specific standards in § 84.12.100 (Class III Home Occupation Standards), up to five nonresident employees shall be allowed. Typical activities shall include an activity that has direct sales of products or merchandise or requires more than two nonresident employees. Certain allowed activities may also include those listed in 84.12.060 (Allowed Home Occupations in Desert Region).

(Ord. 4011, passed - -2007)

   Table 84-7 (Allowed Land Uses Zoning Districts and Permit Requirements for Home Occupations) indicates the regions in which home occupations shall be allowed and the permit requirements for each class of home occupation.

 

(Ord. 4011, passed - -2007)

   Except as provided in § 84.12.060 (Allowed Home Occupations in Desert Region), the following uses are not incidental to or compatible with residential activities and shall not be allowed as home occupations:

   (a)   Animal hospitals.

   (b)   Motor vehicle and other vehicle repair (body or mechanical) to include the repair of engine, muffler or drive train components of the vehicle; upholstery; painting or storage.

   (c)   Carpentry and cabinet making, not to include woodworking that results in the creation of small wood products or single pieces of furniture.

   (d)   Kennels or catteries.

   (e)   Massage parlors.

   (f)   Medical and dental offices, clinics, and medical laboratories.

   (g)   Repair shops or service establishments, except repair of small electrical appliances, cameras, or other similar items.

   (h)   Riding stables.

   (i)   Large scale upholstering service, not to include the reupholstering of separate, individual pieces of furniture or other objects.

   (j)   Welding and machining.

   (k)   Vermicomposting.

   (l)   Any other use determined by the Director that is not incidental to and/or compatible with residential activities.

(Ord. 4011, passed - -2007; Am. Ord. 4245, passed - -2014)

   In the Desert Region only, the uses listed in § 84.12.050 (Prohibited Home Occupations) may be allowed as a home occupation on parcels greater than two and one-half acres if approved by the Director. Applications for approval of Home Occupation Permits for the listed uses that are normally prohibited shall be considered by the Director on a case-by-case basis in the Desert Region.

(Ord. 4011, passed - -2007)

   The operators of home occupations shall make every attempt to be a “good neighbor” and respect the rights of their neighbors. All classes of home occupations shall adhere to the following standards:

   (a)   Accessory to Residential Land Use. Home occupations shall only be allowed as an accessory use to a legal residential land use.

(Ord. 4011, passed - -2007; Am. Ord. 4341, passed - -2018)

   (a)   Work Activities. All work shall be performed exclusively by phone and mail, or over the Internet, or shall be the activity of creative artists.

   (b)   Sales. No sales of products on the premises, except produce (fruit and vegetables) grown on the subject property, shall be allowed.

   (c)   Number of Customers. The only customers or clientele who may visit the residence shall be those identified in Subdivision (b) (Sales), above, and the students of music teachers, academic tutors, and similar instructors. The instruction of the students shall be provided on an individual basis and by appointment only. More than one student from the same family shall be considered as being on an individual basis.

   (d)   Residency Requirements. Employees, partners, or operators of the home occupation shall be members of the resident family and shall reside on the premises.

   (e)   Storage Area. Up to 25 percent or 250 square feet, whichever is greater, of the total floor area of the dwelling unit and related accessory structures, may be used for storage of materials and supplies related to the home occupation.

(Ord. 4011, passed - -2007)

   (a)   Sales. No sales of products on the premises, except produce (fruit and vegetables) grown on the subject property, shall be allowed.

   (b)   Number of Customers and Monthly Average Trip Count. Except as provided in Subdivision (a) (Sales), above, only a limited number of customers or clientele shall visit the residence. Each visit shall be only by appointment. This is restricted to a single appointment at a time. The monthly average of the total trip count for personal and business activities shall not exceed 12 trips per day.

   (c)   Residency Requirements. All employees, partners, or operators of the home occupation, except one, shall be members of the resident family and shall reside on the premises provided all the required standards are met. In the Mountain Region and Desert Region, the Director may authorize a second nonresident employee, provided all required standards can be met. For purposes of this Section, business employees shall not include childcare or domestic help.

   (d)   Parking Requirements. The applicant shall demonstrate that the parcel can accommodate the parking of all personal and employee vehicles on-site.

   (e)   Storage Area. Up to 25 percent or 250 square feet, whichever is greater, of the total floor area of the dwelling unit and related accessory structures, may be used for storage of materials and supplies related to the home occupation.

   (f)   Operating Hours. Operating hours of a home occupation shall be between the hours of 7:00 a.m. and 8:00 p.m.

(Ord. 4011, passed - -2007)

   (a)   Minimum Parcel Size. The parcel shall be at least one acre in area.

   (b)   Sales. Direct sales of products or merchandise to the public shall be allowed.

   (c)   Number of Customers and Monthly Average Trip Count. Only a limited number of customers or clientele shall visit the residence and then only by appointment. This is restricted to a single appointment at a time. The monthly average of the total trip count for personal and business activities shall not exceed 20 trips per day.

   (d)   Residency Requirements. All employees, partners, or operators of the home occupation, except two, shall be members of the resident family and shall reside on the premises provided that all the required standards can be met. If the subject property is at least five acres in area, a total of five non-resident employees shall be allowed. For the purposes of this Section, business employees shall not include childcare or domestic help.

   (e)   Parking. The applicant shall demonstrate that the parcel can accommodate the parking of all personal and employee vehicles on-site.

   (f)   Signs. A non-illuminated identification sign, not to exceed 12 square feet in area and stating the business name and telephone number, shall be allowed. If not attached to the residence, a sign shall not exceed six feet in height and shall blend with the architectural style of the structure and the neighborhood. The sign shall only be allowed in a land use zoning district other than RS (Single-Family Residential) or RM (Multi-Family Residential).

   (g)   Storage Area. Up to 35 percent of the total floor area of the dwelling unit and related accessory structures or 500 square feet, whichever is greater, may be used for storage of materials, supplies, and equipment related to the use.

   (h)   Operating Hours. Operating hours of a home occupation shall be between the hours of 7:00 a.m. and 8:00 p.m.

(Ord. 4011, passed - -2007)

   Nothing in this Chapter shall prevent a homeowner’s association or a landlord from adopting a rule, regulation, or by-law prohibiting home occupations on the premises under their respective jurisdictions. The rule, regulation, or by-law applicable to a property shall supersede the provisions of this Chapter. In addition, nothing in this Chapter shall preclude, invalidate, or override an existing covenant, by-law, rule, or regulation of a common interest community, housing cooperative, or landlord that prohibits home occupations or that more strictly restricts or regulates home occupations than as provided in this Chapter.

(Ord. 4011, passed - -2007)

   If a property owner has received an approved Home Occupation Permit and continues to operate the business in compliance with that permit, but no longer meets the standards established for the permit, the operator may apply for renewals of the permit every 24 months as long as the business remains in continuous operation. The operations shall be considered as a legal, nonconforming use. If the use is discontinued for 180 days or longer, it shall be deemed terminated and the permit shall not be renewed.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide development standards for establishments providing massage services.

(Ord. 4011, passed - -2007)

   The development standards provided in this Chapter shall apply to massage services where allowed in compliance with the provisions of Division 2 (Land Use Zoning Districts and Allowed Land Uses).

(Ord. 4011, passed - -2007)

   A business providing massage services shall be located at least 750 feet from another business providing massage services or from any adult oriented business.

(Ord. 4011, passed - -2007)

   This Chapter provides for the establishment, location, design, and improvement of mobile home parks.

(Ord. 4011, passed - -2007)

   (a)   Where Allowed. The development standards provided in this Chapter shall apply to the establishment or enlargement of mobile home parks in land use zoning districts where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

   (b)   State Law. The requirements of this Chapter shall include the provisions of the Mobile Home Parks Act (Health and Safety Code §§ 18200 et seq.) and the applicable Mobile Home Parks Regulations adopted by the State Department of Housing and Community Development Code of Regulations, Title 25, Division 1, Chapter 2, §§ 1000 et seq.) The requirements of this Chapter are intended to equal or exceed the requirements of the Mobile Home Parks Act and the Mobile Home Regulations. The requirements of the Mobile Home Parks Regulations shall be incorporated as part of this Chapter and compliance with the regulations shall be required.

(Ord. 4011, passed - -2007)

   The California Department of Housing and Community Development shall enforce State law and regulations that apply to the maintenance, use, occupancy, sanitation, and safety of mobile home parks or that apply to permits to operate them.

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009)

   Terms used in this Chapter are as defined in the Mobile Home Parks Act (Health and Safety Code §§ 18200 et seq.), unless as expressly provided otherwise in Division 10 (Definitions) or unless the context clearly shows that a different meaning is intended.

(Ord. 4011, passed - -2007)

   (a)   Locations. Mobile home parks/manufactured home land-lease communities shall be located where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) and in compliance with State law.

   (b)   Parcel Size and Density. The minimum parcel sizes and density standards for mobile home parks shall be as indicated in Table 84-8 (Parcel Size and Density Standards for Mobile Home Parks).

 

 

   (c)   Drainage and Flood Hazard. A mobile home park shall be located on a well-drained site, properly graded to provide for adequate disposition of water runoff. The area shall be free of flood hazard from external sources. The review authority may require dedications and improvements that will ensure proper protection of a mobile home park.

   (d)   Streets and Highways. The review authority may require additional dedication and improvements on streets and highways abutting the proposed mobile home park in compliance with the Circulation Element of the General Plan and established widths of local and collector streets.

   (e)   Parcel Areas and Dimensions. A parcel in a mobile home park shall contain a minimum area of 1,200 square feet with a minimum width of 30 feet fronting on a driveway, provided that:

      (1)   Parcels larger than the above minimum sizes may be required where it is determined that the larger parcel size will be:

         (A)   Consistent with the general pattern established by mobile home parks in the vicinity; or

         (B)   Necessary to accommodate manufactured home sizes as stated in the Mobile Home Park Report submitted by the applicant.

      (2)   Parcels on curved driveways or cul-de-sacs where lot lines are either converging or diverging from the front to the rear of the parcel shall have an average width of at least 30 feet with a minimum 25-foot driveway frontage.

   (f)   Required Separation Distances. Mobile homes shall be located so they are at least ten feet apart from side to side, eight feet apart from side to rear, six feet apart from rear to rear, and ten feet from a structure, except for accessory structures used as private toilets or baths for exclusive use of the occupant of the mobile home site. Mobile home hitches shall face the access driveway.

   (h)   Maximum Occupied Site Area. The occupied area of a mobile home parcel shall not exceed 75 percent of the total area of the parcel. An occupied area shall mean an area that is covered or occupied by a trailer coach, cabana, vehicle, ramada, awning, closet, cupboard, or other structure.

   (i)   Perimeter Setbacks. The following setbacks shall apply to the perimeters of a mobile home park:

      (1)   Front setback of at least 25 feet along the public street upon which the mobile home park fronts. This setback shall extend across the entire width of the park.

      (2)   Side setbacks of not less than five feet along each side boundary line of the mobile home park.

      (3)   A rear setback of not less than ten feet along the rear boundary line of the mobile home park.

      (4)   Greater setbacks may be required where, in the opinion of the Director, greater setbacks are necessary due to topographic conditions, grading, drainage, or protection of adjacent property.

      (5)   No part of a mobile home shall be located within a required perimeter setback area.

   (j)   Circulation. Roads within mobile home parks shall be designed to provide reasonable and convenient traffic circulation and shall meet the following standards:

      (1)   A road shall not be less than 33 feet in width if car parking is allowed on one side of the road and not less than 41 feet in width if parking is allowed on both sides.

      (2)   Road widths to provide for parking on one side shall be deemed necessary when parcels abut the road on one side only. Road widths to provide for parking on both sides shall be necessary when parcels abut the roads on both sides.

      (3)   The entire width of the roads within mobile home parks shall be surfaced with a minimum of two-inch thick asphalt, concrete, plant mix, or other approved material.

   (k)   Parking. Two parking spaces shall be provided on each mobile home parcel. A parking area for use by guests and visitors shall also be established and maintained. There shall be one guest parking space for every ten mobile home parcels, or fraction of ten, within the mobile home park. Each parking space shall be ten by 20 feet in size plus the additional area for adequate ingress and egress.

   (l)   Walkways. Walkways shall be provided to allow reasonably direct access to all parcels, service structures, and other areas or structures used by occupants of the mobile homes. Collector walkways serving utility structures, playgrounds and other general areas shall be at least four feet in width and individual entrance walks to each mobile home site shall be at least two feet in width. Walkways shall be constructed of asphalt, concrete, plant mix, or other approved materials that will allow all-weather pedestrian movement.

   (m)   Walls or Fences. A wall or fence six feet in height shall be erected and maintained along each side and rear boundary of a mobile home park except along the portion of the side or rear boundary line that either abuts a public street or is within a front or side setback adjacent to the street, in which case, a wall or fence may be required. A wall or fence shall be solid and of concrete, brick, or other masonry construction or of chain link metal construction or rod iron with an evergreen hedge planted on the side facing the mobile home park. Where, in the opinion of the review authority, it is unreasonable to require the construction of a fence or wall, the review authority may waive or modify the requirements as specified in this Subdivision.

   (n)   Screening of Service Areas. The Review Authority may require fencing or screen planting around areas containing garbage, rubbish, or waste disposal, or ground service, or recreational areas as a condition of approval of a mobile home park.

   (o)   Storage Areas.

      (1)   Common storage areas shall be provided with an enclosed fenced area for the residents of the mobile home park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. The storage area shall contain a minimum of 50 square feet for each mobile home parcel in the mobile home park.

      (2)   Storage on a mobile home parcel shall comply with the provisions of the Code of Regulations Title 25, Division 1.

   (p)   Public Address Systems. Public address systems or loudspeakers shall not be allowed if audible outside the boundaries of the mobile home park.

   (q)   Modifications in Design. Where a mobile home park application is submitted for approval that, although not in compliance with the design requirements in this Chapter, are consistent with the general purpose and intent of this Chapter, the review authority may approve the park with conditions and restrictions that ensure that the general purposes are satisfied.

      (1)   Park designs utilizing duplex or cell-type groupings of mobile home parcels or other modified designs may be approved under the provisions of this Section.

      (2)   Modifications of the above standards of design may be approved under the provisions of this Section for mobile home parks, travel trailer parks, recreational trailer parks, temporary trailer parks, and tent camps. However, in no case shall the modifications conflict with minimum requirements of the Mobile Home Parks Act (Health and Safety Code §§ 18200 et seq.) and the applicable Mobile Home Parks Regulations adopted by the State Department of Housing and Community Development (Code of Regulations §§ 1000 et seq.).

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

   If all improvements required as a condition of approval of a mobile home park are not satisfactorily completed at the time a Certificate of Occupancy is requested, the owner or owners of the mobile home park shall, before the issuance of the permit, enter as contractor into an agreement with the County guaranteeing that the required work will be accomplished. The form and amount of security shall be determined by the Director.

(Ord. 4011, passed - -2007)

   Mobile home park subdivisions shall be conditioned to require reservation and maintenance of common areas and enjoyment of the residents of the mobile home subdivision. Mobile home subdivisions shall comply with appropriate design standards established by this Chapter, Division 9 (Subdivisions), and applicable State subdivision requirements.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to provide development standards for the establishment of new multi-family residential projects. The standards are intended to:

   (a)   Enhance the quality of housing for County residents by regulating a residential environment within a high-density context;

   (b)   Protect surrounding properties and their values by requiring proper design and maintenance of the multi-family project; and

   (c)   Ensure compatibility with other development in the immediate area through the use of complementary building arrangements, buffers, and avoidance of overwhelming building scale and visual obstructions.

(Ord. 4043, passed - -2008)

   The development standards in this Chapter shall apply to multi-family residential projects in land use zoning districts where they are allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses). Multi-family residential projects shall include projects in which two or more attached or detached dwelling units are located. Multi-family residential projects may include apartments or condominiums. The road dedication and street improvement standards provided in this Chapter do not apply to: (1) the alteration or enlargement of an existing building or structure on a lot or parcel of land if the total square footage of such alteration or enlargement, and all other alterations or enlargements completed three years prior to the date of the application for a permit for such alteration or enlargement, does not exceed one-half of the original square footage of all buildings and structures on such lot or parcel of land, or (2) the erection of one or more accessory structures (not including accessory dwellings) as defined in § 810.01.030(g) of the County Code. For purposes of this section, “original square footage” means the square footage of all buildings and structures that existed on such lot or parcel of land three years prior to the date of the application for such permit.

(Ord. 4043, passed - -2008; Am. Ord. 4181, passed - -2012)

   (a)   Multi-Family Projects - 19 Units or Fewer. A building permit for a proposed multi-family development of 19 units or fewer shall be issued by the Building Official with an approved building plan if the project complies with the requirements in this Chapter. Upon receipt of an application for a proposed multi-family development of 19 units or fewer, the Building Official may refer the application to the Director for review. If referred, the Director shall review each application to verify compliance with the applicable standards in this Chapter.

   (b)   Multi-Family Projects - 20 to 49 Units. An application for a minor use permit for a multi-family development of 20 to 49 units may be approved in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit) in the following instances:

      (1)   If a finding can be made that the proposed development complies with the standards in this Chapter; or

      (2)   If a variance has been approved in compliance with Chapter 85.17 (Variances).

   (c)   Multi-Family Projects - 50 Units or More. An application for a Conditional Use Permit for a multi-family development of 50 units or more may be approved in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit) in the following instances:

      (1)   If a finding can be made that the proposed development complies with the standards in this Chapter; or

      (2)   If a variance has been approved in compliance with Chapter 85.17 (Variances).

   (d)   Pre-Application Conference. An applicant may request a pre-application conference with the Director to determine the consistency of a proposed multi-family project with the requirements of this Chapter.

(Ord. 4043, passed - -2008)

   The standards in this Section shall apply to all multi-family development projects.

   (a)   Site Planning Standards.

      (1)   Location of Structures. All multi-family structures shall be oriented so that:

         (A)   The structure and open space areas take advantage of the site’s topography and natural features.

         (B)   Natural amenities (e.g., views, mature trees, creeks, riparian corridors, etc.) are preserved.

      (2)   Location of Accessory Structures. Accessory structures or uses (e.g., swimming pools, improved recreational/open spaces, storage structures, etc.) shall not be located between an adjacent public right-of-way and a multi-family structure, or between a property line abutting a single-family land use zone and a multi-family structure. The accessory structures and uses shall be located within the interior of the site, screened from view by the multi-family structure(s), unless adjacent to parcels zoned for multi-family or non-residential uses.

      (3)   Minimum Separation Between Structures. The separation distances identified in Table 84-9 (Minimum Separation Between Multi-Family Structures) shall apply to parcels containing two or more dwelling units that are in separate detached structures. The separation shall be between opposite exterior walls. Walls shall be considered opposite if a perpendicular line drawn in a horizontal plane from one structure intersects another structure’s wall. The front side of a unit is the side containing the primary entrance to the dwelling unit. See Figure 84-2 (Minimum Separation Between Multi-Family Structures).

 

      (4)   Setbacks. Setbacks shall be as provided in Division 2 (Land Use Zoning Districts and Allowed Land Uses), except as modified by the minimum setback standards in Table 84-10 (Minimum Setbacks for Multi-Family Structures):

 

 

   (b)   Design.

      (1)   Entries. Building entrances and individual dwelling unit entries shall be accentuated by architectural elements, lighting, and/or landscaping to further emphasize their private nature.

      (2)   Disabled Accessibility. Where appropriate, handicapped accessibility shall be integrated into the design concept.

      (3)   Length/Width of Structure. A multi-family structure shall not exceed 100 feet in length/width.

      (4)   Visibility. Open spaces, courtyards, circulation corridors, and individual dwelling unit entrances shall be visible from as many dwelling units as possible.

   (c)   Typical Dwelling Unit Sizes. Dwelling units shall be the minimum sizes indicated in Table 84-11 (Minimum Dwelling Unit Sizes in Multi-Family Development):

 

   (d)   Density and Unit Type Mix. A variety of unit types is encouraged (i.e., efficiency, one-bedroom, two bedroom, etc.) to provide a range of options for owners or renters in different income, age, and family structure categories.

   (e)   Fencing. A solid six-foot high fence of wood and/or masonry shall be installed along the property lines but shall not encroach into the front or street side setbacks. Additional fencing in compliance with Chapter 83.06 (Fences, Hedges, and Walls) may be installed.

   (f)   Landscaping. Landscaping shall comply with the provisions of Chapter 83.10 (Landscaping Standards). In addition, the property owner shall maintain all landscaping in a sustained healthy condition.

   (g)   Lighting. Lighting shall comply with the provisions of Chapter 83.07 (Glare and Outdoor Lighting).

   (h)   Parking. Parking areas, parking stalls, and driveways shall comply with the provisions of Chapter 83.11 (Parking and Loading Standards). Storage of boats, campers, trailers and other recreational vehicles shall be prohibited on-site unless oversize parking areas are provided and designated. These areas shall be screened from adjacent streets and residences. Recreational vehicle parking may not be used to meet the standard parking requirements.

    (i)   Infrastructure Requirements. A building permit shall not be issued for the construction of multi-family residential dwelling(s) unless all of the following infrastructure requirements are satisfied for an existing lot of record:

      (1)   Proof of legal and physical access.

      (2)   Infrastructure as determined by the Land Development Division of the Land Use Services Department depending on the location of the parcel to be developed. This may include, but not limited to, any of the following: paved access, curbs and gutters, sidewalk, streetlights, and/or appropriate drainage improvements. These requirements may be waived or modified by the Director if at least 70 percent of the parcels in the same block have been developed without full street improvements.

      (3)   Water.

         (A)   Water Purveyor. Required when in the service area of a water purveyor and the purveyor can supply the water.

         (B)   Substantiated Well Water. If the subject parcel is not within the service area of a water purveyor, well water may be allowed if all required setbacks are met.

      (4)   Sanitation.

         (A)   Sewer. Required when in the service area of a sewer provider and the subject parcel is within 200 feet of the sewer line.

         (B)   Septic Systems/Holding Tanks. Allowed in compliance with the local Regional Water Quality Control Board regulations.

      (5)   Fireflow. Adequate fireflow in compliance the Uniform Fire Code and with § 23.0108 (Amendments to the Uniform Fire Code) of the County Code.

(Ord. 4043, passed - -2008; Am. Ord. 4334, passed - -2017; Am. Ord. 4360, passed - -2019)

   The standards in this Section apply to all multi-family development projects that contain between four and 19 dwelling units. The units may be either attached or detached. These standards are in addition to the standards in § 84.16.040 (Development Standards Applicable to All Multi-Family Projects) and § 84.16.070 (Common Amenities and Facilities - Four or More Units), below.

   (a)   Location of Structures. All multi-family structures shall be oriented so that:

      (1)   The front facade is generally parallel to the street with varying setbacks to provide visual interest and varying shadow patterns. On corner parcels, both street-facing facades are generally parallel to the intersecting streets. See Figure 84-1 (Siting of Multi-Family Structure(s) Parallel to Public Right-of-Way). On curvilinear streets, the front facade of a structure is generally parallel to the tangent of the midpoint of the arc of the street.

      (2)   Living spaces do not face the living spaces of another multi-family structure.

      (3)   Courtyards and open space areas are immediately adjacent to all the surrounding units.

      (4)   Sight lines from windows and entries maximize natural surveillance of the site and the parking areas.

   (b)   Hierarchy of Space. Development design shall use a “hierarchy of space” to define territory for public space (e.g., streets), community space (e.g., common open space, play areas, communal laundry, community center, etc.), and private space (e.g., individual units and private open space). The use of design elements to define the public/private edge (e.g., special paving, change in building materials, grade separations, etc.) or physical barriers (e.g., landscaping, fences, low retaining walls, walls, screens, building enclosures, etc.) are encouraged. See Figure 84-3 (Design Elements Establish Hierarchy of Space).

   (c)   Lighting. Lighting shall comply with the provisions of Chapter 83.07 (Glare and Outdoor Lighting).

      (1)   Security. Lighting levels shall vary depending on the specific use and conditions, but the overall consideration shall be to provide lighting levels sufficient that intruders cannot lurk in shadows, steps and other grade changes are apparent, residents can easily unlock their door or identify visitors on their doorstep, and opportunities for theft and vandalism are reduced or eliminated.

      (2)   Street Lighting. Street lighting shall be installed along the internal circulation streets. Lighting shall be designed to shine downward and eliminate skyward glare in compliance with Chapter 83.07 (Glare and Outdoor Lighting). Light standards shall be residential/pedestrian in scale and be spaced appropriately for the fixture, type of illumination, and pole height.

      (3)   Parking Area Lighting. Lighting in parking areas shall be arranged to prevent direct glare into adjacent dwelling units and onto neighboring uses/properties in compliance with Chapter 83.07 (Glare and Outdoor Lighting).

      (4)   Pedestrian Lighting. Pedestrian-scaled lighting shall be located along all walkways within the development. Light standards shall be a maximum of 12 feet in height to allow proper illumination, discourage vandalism, and have a pedestrian scale.

      (5)   Site Lighting. Site lighting may be located on a multi-family structure to illuminate site areas not covered by individual light standards.

   (d)   Parking.

      (1)   Parking Standards. Parking areas, parking stalls, and driveways shall comply with the provisions of Chapter 83.11 (Parking and Loading Standards).

      (2)   Distance Between Parking Area and Dwelling Units. Parking areas shall be located no further than 200 feet from the dwelling units to be served as measured from the midpoint of the parking areas to the closest entrance doors of the dwelling unit to be served.

      (3)   Pedestrian Accessway. Parking areas shall be designed so that an unobstructed pedestrian accessway at least four feet in width is provided between the public right-of-way and the parking area.

      (4)   Carports And/or Garages. At least one of the parking spaces required for each dwelling unit in Table 83-15 (Parking Required by Land Use) shall be covered (i.e., carport or garage)

         (A)   Design.

            (I)   Detached carports and garages shall be designed to reflect the architecture of the dwelling units by using similar forms, scale, colors, materials, and roof pitches.

            (II)   Roofs composed of rock material shall be prohibited.

            (III)   The side of a detached garage that faces a street shall have a pitched roof with windows or other architectural details that mimic the features of the multi-family structure(s).

         (B)   Distribution and Location.

            (I)   Carports and/or garages shall be distributed evenly throughout the project in groupings of no more than six covered spaces.

            (II)   Carport and garage entries shall not be located between a multi-family structure and a required street frontage, but shall instead be located in groups on the interior of a parcel so that they are not visible from adjacent streets.

            (III)   No more than six garage doors shall appear on any elevation of a multi-family structure. The plane of each garage door shall be offset at least two feet from the plane of the garage door adjacent to it.

         (C)   Storage. Carports and garages shall be utilized for vehicle parking and not for household storage. Storage shall be provided as required by Subdivision (g) (Storage), below.

   (e)   Security.

      (1)   Doors to Community Facilities. Doors to community facilities (e.g., communal laundry, community center, etc.) shall contain some transparency and be key-controlled by residents. Courtyard gates and shared building entrances that access individual units shall automatically lock when closed.

      (2)   Doors for Dwelling Units. Front doors for individual dwelling units shall have a peephole or other feature to allow residents to see who is at the door before opening it. To prevent break-ins, doorknobs shall be at least 40 inches from any windowpane. Single cylinder dead bolt locks shall be installed on the exterior doors of all individual dwelling units. Sliding glass doors shall have one permanent door on the outside and the inside moving door shall have a locking device and a pin.

   (f)   Solid Waste/Recyclable Material Storage Areas. Solid waste/recyclable material storage areas shall be clearly designated on the plot plan. The areas shall be clearly accessible for pickup and shall be effectively screened from public view in compliance with Chapter 84.24 (Solid Waste/Recyclable Materials Storage). Waste disposal pickup bins (dumpsters) shall not occupy required parking spaces nor intrude into required access driveways.

   (g)   Storage.

      (1)   Private Storage Space. Each dwelling unit shall be provided a minimum of 150 cubic feet of private enclosed storage space in addition to the parking area located within the garage, if provided, or immediately adjacent to the dwelling unit. Private enclosed storage space shall be prohibited in carports.

      (2)   Bicycle/Motorcycle Storage Area. All multi-family projects shall provide covered, enclosed, and secure storage areas for bicycles and motorcycles. Motorcycle spaces shall be at least four feet by eight feet.

      (3)   Design. Storage and other accessory structures shall be designed with materials and/or architectural elements that are similar to the multi-family structure(s).

   (h)   Open Space - Common.

      (1)   Minimum Size and Dimensions. A minimum 900 square feet of usable common open space shall be provided for active or passive outdoor activity. For every dwelling unit above nine, an additional 100 square feet of usable common open space shall be provided. Usable common open space is defined as an open area or recreational amenity or facility that is designed and intended to be used for outdoor living and/or recreation. Usable open space shall have a minimum dimension of 30 feet in any direction. A multi-family development shall not be located adjacent to an IR (Regional Industrial) land use zoning district, AG (Agriculture) land use zoning district, or mining operations unless the common open space constitutes 60 percent or more of the parcel and is designed to buffer the industrial, agricultural or mining uses.

      (2)   Calculation of Area. Required front, rear, and side setback areas along streets, driveways, parking areas, and walkways shall not be used to satisfy any part of the common open space requirement.

      (3)   Amenities. The common open space area shall include amenities indicated in § 84.16.050 (Common Amenities and Facilities).

   (i)   Open Space - Private. A minimum of 100 square feet of private open space (e.g., patios, balcony, decks, etc.), a minimum of six feet in width, shall be provided for each dwelling unit. Required private open space areas shall not be used to satisfy any part of the common open space requirement. Enclosure of private open space shall not prevent common open space surveillance by the residents.

   (j)   On-Site Manager. A full-time resident manager shall be required for multi-family projects with 15 or more dwelling units.

(Ord. 4043, passed - -2008; Am. Ord. 4098, passed - -2010)

   The standards in this Section apply to multi-family development projects that contain 20 or more dwelling units. These standards are in addition to the standards in § 84.16.040 (Development Standards Applicable to All Multi-Family Projects) and the guidelines in § 84.16.080 (Design Guidelines for Multi-Family Projects - 20 or More Units).

   (a)   Open Space - Common.

      (1)   Minimum Size and Dimensions. In lieu of the provisions of § 84.16.050(h)(1), the following shall apply for common open space for multi-family projects with 20 or more units: A minimum 900 square feet of usable common open space shall be provided for active or passive outdoor activity. For every dwelling unit above seven, an additional 125 square feet of usable common open space shall be provided. Usable common open space is defined as an open area or recreational amenity or facility that is designed and intended to be used for outdoor living and/or recreation. Usable open space shall have a minimum dimension of 30 feet in any direction. A multi-family development shall not be located adjacent to an IR (Regional Industrial) land use zoning district, AG (Agriculture) land use zoning district, or mining operations unless the common open space constitutes 60 percent or more of the parcel and is designed to buffer the industrial, agricultural or mining uses.

      (2)   Calculation of area. Required front, rear, and side setback areas along streets, driveways, parking areas, and walkways shall not be used to satisfy any part of the common open space requirement.

      (3)   Amenities. The common open space area shall include amenities indicated in § 84.16.050 (Common Amenities and Facilities).

   (b)   Open Space - Private. A minimum of 125 square feet of private open space (e.g., patios, balcony, decks, etc.), a minimum of six feet in width, shall be provided for each dwelling unit. Required private open space areas shall not be used to satisfy any part of the common open space requirement. Enclosure of private open space shall not prevent common open space surveillance by the residents.

   (c)   On-site Manager. A full-time resident manager shall be required for all multi-family projects with 20 or more dwelling units.

   (d)   Management Office. A separate management office shall be required for all multi-family projects of 20 or more dwelling units. If applicable, the management office shall be located in a central, visible location. See Figure 84-5 (Management Office in Central Location.).

   (e)   Signs.

      (1)   Clear legible entry signs shall be provided to identify the development. Internal circulation signs and visitor parking areas shall also be clearly indicated. A directory that shows the location of structures and individual dwelling units within the development shall be provided. Professionally designed, creative signs are strongly encouraged

       (2)   Structure numbers and individual unit numbers shall be readily visible, in a consistent location, well lit at night, and compatible with the overall design of the residential project.

(Ord. 4043, passed - -2008)

   (a)   Types of Required Amenities. All multi-family projects shall provide the amenities indicated in Table 84-12 (On-Site Recreation Amenities for Multi-Family Projects). The developer shall select the amenities to be provided. Recreational amenities shall be designed to serve the anticipated inhabitants of the residential project.

   (b)   Minimum Type/Number of Amenities. The required minimum type and/or number of recreational amenities shall be based on the total number of dwelling units within a multi-family project as follows and in compliance with Table 84-12 (Minimum On-Site Recreation Amenities for Multi-Family Projects):

      (1)   Five to nine units: A minimum of two amenity points from any category.

      (2)   Ten to 19 dwelling units: A minimum of three amenity points from any category, with a maximum of one amenity allowed from the one-point category.

      (3)   Twenty to 49 dwelling units: A minimum of five amenity points from any category, with a maximum of one amenity allowed from the one-point category.

      (4)   Fifty to 99 dwelling units: A minimum of seven amenity points, including at least one amenity from the four-point category.

      (5)   One hundred or more dwelling units: A minimum of ten amenity points, including at least two amenities from the four-point category, plus one additional amenity from the two-point, three-point, or four-point categories for each 50 dwelling units beyond 100.

 

   (c)   Thresholds for Allowable Densities. The maximum density of a multi-family project shall be calculated based upon the total number of points accumulated for the amenities provided as indicated in Table 84-13 (On-Site Recreational Amenities - Thresholds for Allowable Densities).

 

 

   (d)   Location of Amenities. Common open space amenities shall be provided immediately adjacent to the dwelling units for purposes of enjoyment and security.

   (e)   Community Room or Structure. A multi-family project shall provide a community room or structure in compliance with Table 84-14 (Minimum Size of Community Room or Structure).

 

 

   (f)   Similar Amenities. The applicable review authority (i.e., Building Official or Commission, as applicable) may approve a proposed amenity not listed in Table 84-12 (Minimum On-Site Recreation Amenities for Multi-Family Projects) if the proposed amenity meets the needs of the project residents at a similar level.

   (g)   Common Laundry Room Facilities.

      (1)   Laundry Room Facility Required. All multi-family projects shall provide a common laundry room facility equipped with washers and dryers at the ratio of one washer and one dryer for every five dwelling units. The fractional/decimal results of calculations of the required number of washers and dryers shall be rounded up to the next highest whole number.

      (2)   Reduction in Number of Required Washers and Dryers. If a multi-family project provides washer and dryer hook-ups within one or more dwelling units, the total number of required washers and dryers in a common laundry facility shall be reduced. The amount of the reduction shall be calculated at the ratio of one washer and one dryer for every five dwelling units that are equipped with their own washer and dryer hook-ups.

      (3)   Location and Features. A common laundry room facility shall be located adjacent to a children’s play area to facilitate supervision. Doors and walls shall have windows to allow natural surveillance both into the laundry room and outside to the surrounding area. See Figure 84-4 (Laundry Room Location and Features).

(Ord. 4043, passed - -2008)

   (a)   Purpose. Appropriate design of multi-family residential structures and outdoor spaces can contribute to a dynamic, visually rich environment that promotes social interaction, fosters community pride, and instills feelings of safety and security. These design guidelines are intended to achieve the following objectives:

      (1)   Establish multi-family residential architectural designs that complement various neighborhood characteristics and that support high quality development.

      (2)   Identify landscape materials and designs that enhance the appearance of multi-family residential developments and contribute to the overall quality of the community.

      (3)   Provide for amenities appropriate to the demographics of multi-family residential projects within an area.

      (4)   Apply the principles of Crime Prevention Through Environmental Design (CPTED) to enhance safety and security within multi-family residential development projects.

      (5)   Establish criteria to ensure quality property management.

   (b)   Site Planning.

      (1)   Context. Multi-family residential development successfully contributes to the overall community when relationships with the existing and planned land uses, development patterns, and context are considered.

         (A)   New multi-family projects should respect the context of the existing neighborhood, reflect its best design features, and generally be compatible with the character of existing high quality development while still fulfilling the intent of the standards identified within this Chapter.

         (B)   Existing site amenities (e.g., views, mature trees, and similar natural features unique to the site) should be preserved and incorporated into residential projects whenever possible.

         (C)   New multi-family residential projects should be compatible with residential development in the immediate area through the use of complementary structure arrangements, buffers, and avoidance of overwhelming structure scale and visual obstructions.

         (D)   Where appropriate, new landscaping should complement existing landscape materials, location, and massing on adjacent developments.

         (E)   Developments should relate directly to the adjacent street, present an attractive and interesting facade to passersby, and appear inviting. Developments that ignore the street and create an isolated enclave are strongly discouraged. See Figure 84-6 (Dwelling Unit Oriented to Street).

      (2)   Siting. Appropriate structure siting can reduce the perceived density of multi-family projects, maximize open space areas, provide “eyes on the street” surveillance, and enhance neighborliness by creating community gathering spaces.

         (A)   A multi-family structure should be oriented to a street in compliance with § 84.16.060(a)(1)(A) (Site planning standards).

         (B)   In addition to a street orientation, the clustering of multi-family dwelling units should be a consistent site planning element of the plan. Whenever possible, structures should be configured around courtyards, gathering areas, and open spaces. See Figure 84-7 (Clustering of Multi-Family Dwelling Units).

         (C)   Portions of the project that are not oriented to the street should be well integrated into the project’s overall site design. As with the street-oriented area of the project, the same design considerations should be given to siting, appearance, circulation, landscaping, and safety issues.

         (D)   Structures should be oriented to provide some privacy yet still relate to the street and the existing community. Doors should be visible from the street and windows should allow residents to have “eyes on the street” for natural surveillance. See Figure 84-8 (“Eyes on the Street”).

         (E)   Energy efficiency and energy conservation should be considered in structure siting. Structures should be oriented to take advantage of prevailing breezes for cross ventilation of individual dwelling units, reduce the need for mechanical air conditioning, and to enhance the functionality of ceiling fans.

      (3)   Open Space.

         (A)   Residents should have access to useable open space for recreation and social activities. Open spaces should be conveniently located. See Figure 84-9 (“Access to Open Space”)

         (B)   Open space areas should be sheltered from the noise and traffic of adjacent streets or other incompatible uses. Open space siting should take advantage of prevailing breezes and sun orientation in order to provide a comfortable environment.

         (C)   Open space areas should have well-defined edges (e.g., walkways, structures, or landscaping).

         (D)   A series of connected open space areas of varying shape, appearance, and usage are encouraged. Smaller areas may directly relate to a cluster of units, while the larger areas may serve several clusters as common open space. See Figure 84-10 (Connected Open Spaces).

      (4)   Outdoor Play Areas.

         (A)   Hard surface areas for activities (e.g., bicycle riding, skating, rope jumping, hopscotch, etc.) should be provided. These active play areas should be safely separated from vehicular use areas.

         (B)   The physical capabilities and play behavior of various age groups (i.e., tots, older children, and teens) are different. In large developments, separate, but not necessarily segregated, play areas or informal outdoor spaces should be provided for each group for safety reasons. Small developments may combine these play areas (i.e., tot lot incorporated into the larger activity area for older children). See Figure 84-11 (Play Areas for Different Ages).