1. Purpose. The purpose of this chapter is to provide for the creation of accessory dwelling units in a manner that is consistent with requirements identified in Chapter 13 of Division 1 of Title 7 of the California Government Code, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

2. General Requirements.

3. Specific Requirements and Standards.

4. Procedural Requirements. An accessory dwelling unit that meets the standards contained in this section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., use permit, architectural review, etc.) or public hearing.

5. No Short-Term Rental. An accessory dwelling unit cannot be rented for a period of less than thirty days. Homestay use of an accessory dwelling unit is prohibited.

6. Violations. Violation of any of the provisions of this chapter shall be subject to basic code enforcement action as provided in Title 1.

1. Purpose. The purpose of this chapter is to provide for the creation of junior accessory dwelling units in a manner that is consistent with requirements identified in Chapter 13 of Division 1 of Title 7 of the California Government Code, as amended from time to time. Implementation of this section is meant to expand housing opportunities by increasing the number of smaller units available within existing neighborhoods.

2. General Requirements.

3. Performance Standards and Compatibility.

4. Procedural Requirements. A junior accessory dwelling unit that meets the standards contained in this section shall be subject to ministerial review (building permit) and approval without discretionary review (i.e., use permit, architectural review, etc.) or public hearing.

5. Owner Occupancy. Except as provided by state law, the owner of the property shall occupy either the primary residence or the junior accessory dwelling unit.

6. Covenant Agreement. Except as provided by state law, prior to the issuance of building permits for a junior accessory dwelling unit, a covenant agreement shall be recorded which discloses the structure’s approved floor plan and status as a “junior accessory dwelling unit” and agreeing that the owner of the property will occupy either the primary residence or the junior accessory dwelling unit. This agreement shall be recorded in the office of the county recorder to provide constructive notice to all future owners of the property.

7. No Short-Term Rental. A junior accessory dwelling unit cannot be rented for a period of less than thirty days. Homestay use of a junior accessory dwelling unit is prohibited.

8. Violations. Violation of any of the provisions set forth in this chapter shall be subject to code enforcement action as provided in Title 1.

1. Purpose and Intent. The purpose of this section is to establish regulations for the development of guest quarters as an approved accessory use to a primary residential unit in accordance with Section 17.70.010 (Accessory structures).

2. Applicability. This section does not apply to legally established dwellings or accessory dwelling units, or accessory structures, which are separately defined in Chapter 17.158 (General Definitions).

3. General Requirements. Guest quarters shall conform to all applicable zoning regulations such as height, yards, parking, building coverage, etc., and shall be subject to the following provisions:

4. Procedural Requirements. Prior to filing building plans with the city building division, the following shall be met:

1. “Adult entertainment business” shall mean those businesses as defined as follows:

2. “Specified anatomical areas” shall include the following:

3. “Specified sexual activities” shall include the following:

4. “Individual viewing area” shall mean a viewing area designed for occupancy by one person.

5. “Operate” shall mean to own, lease (as lessor or lessee), rent (as landlord or tenant or as agent for the purpose of representing a principal in the management, rental or operation of the property of such principal), manage, conduct, direct, or be employed in an adult entertainment business.

6. “Operator” shall mean and include the owner, custodian, manager or person in charge of any adult entertainment business.

7. “Parcel of land” means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

8. “Person” shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.

9. “Religious institution” shall mean any church, synagogue, mosque, temple, or building which is used primarily for religious worship, religious education incidental thereto and related religious activities.

10. “Residential zone” shall mean property which has a zoning designation of R-1, R-2, R-3, R-4 or such other residential zones as may be created by ordinance, or a mobile home park as defined in this code.

11. “School” shall mean any public or private educational facility primarily attended by minors, including but not limited to large family day care homes, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, secondary schools, continuation schools, and special education schools, and includes school grounds.

12. “Sensitive uses” shall include religious institutions, residential zones and schools.

1. No person shall operate or establish an “adult entertainment business,” as defined in this code, in any area of the city, except the retail-commercial (C-R) zone or the tourist commercial (C-T) zone.

2. No building permit or zoning clearance, business license, or other permit or entitlement for business use shall be legally valid if issued by any adult entertainment business proposed to operate or be established in any area of the city except the retail-commercial (C-R) zone or the tourist-commercial (C-T) zone.

3. Any adult entertainment business proposed to be operated or established in the retail-commercial (C-R) zone or the tourist commercial (C-T) zone shall be subject to the following restrictions:

1. Signs, advertisements, displays, or other promotional materials depicting or describing “specified anatomical areas” or “specified sexual activities” or displaying instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities” shall not be shown or exhibited so as to be discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

2. Each adult entertainment business shall have a business entrance separate from any other nonadult business located in the same building.

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

4. No adult entertainment business shall be operated in any manner that permits the observation by the public of any material or activity depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” from any public way or from any location beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

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

6. No loudspeakers or sound equipment shall be used by adult entertainment businesses for amplification of sound to a level discernible by the public beyond the walls of the building or portion thereof in which the adult entertainment business is conducted.

7. Each adult entertainment business shall be provided with a manager’s station which shall be used for the purpose of supervising activities within the business. A manager shall be on the premises during all times that the adult entertainment business is open to the public.

8. The interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the adult entertainment business to which any patron is allowed access for any purpose, excluding restrooms. If the adult entertainment business has two or more manager’s stations designated, then the interior of the adult entertainment business shall be configured in such a manner that there is an unobstructed view of each area of the adult entertainment business to which any patron is allowed access for any adult purpose, excluding restrooms, from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station.

9. No individual viewing area may be occupied by more than one person at any one time. Individual viewing areas of the adult entertainment business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

10. Off-street parking shall be provided for the adult entertainment business in compliance with the parking provisions of Chapter 17.72 (Parking and Loading).

11. An off-site security program shall be prepared and implemented including the following items:

1. To protect residential, commercial, industrial, and civic areas and minimize the adverse impacts of nonconforming and incompatible uses;

2. To provide opportunities for alcoholic beverage sale activities to operate in a mutually beneficial relationship to each other and to other commercial and civic services;

3. To provide mechanisms to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels;

4. To provide that alcohol outlets specified in this section are not the source of undue public nuisances in the community;

5. To provide for properly maintained alcoholic beverage sale establishments so that negative impacts generated by these activities are not harmful to the surrounding environment in any way; and

6. To monitor that deemed approved activities do not substantially change in mode or character of operation.

1. Title and Purpose. The provisions of this subsection shall be known as the “deemed approved performance standards.” The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales commercial activities applicable to this section.

2. Standards. These standards shall apply to the following alcoholic beverage sales commercial uses listed in Table 2-1: Uses Allowed by Zone, under the category “Eating and Drinking Establishments—Bars, Nightclubs, and Tavern” and “Eating and Drinking Establishments—Restaurant with late-hour alcohol service,” and “Food and Beverage Sales—Liquor Store,” as defined in Chapter 17.156 (Land Use Definitions). This section is applicable to these uses under the following circumstances:

3. Performance Standards and Deemed Approved Activities. An activity shall retain its deemed approved status only if it conforms with all of the following deemed approved performance standards:

1. Deemed Approved Status Procedure. The provisions of this subsection shall be known as the “alcoholic beverage sales—deemed approved status procedure.” The purposes of these provisions are to: (a) provide notice of deemed approved status upon alcoholic beverage sales commercial activities applicable to this section; (b) prescribe the procedure for the imposition of conditions of approval upon these activities; and (c) prescribe the procedure for appealing conditions of approval or the revocation of a deemed approved status.

2. Automatic Deemed Approved Status. All alcoholic beverage sales commercial activities applicable to this section in compliance with subsection G of this section shall automatically become deemed approved activities as of the effective date of the ordinance codified in this section. Each such deemed approved activity shall retain its deemed approved status as long as it complies with the deemed approved performance standards in subsection G of this section.

3. Notification to Owners of Deemed Approved Activities. The administrative hearing officer shall notify the owner of each deemed approved activity, and also the property owner if not the same, of the activity’s deemed approved status. Such notice shall be sent via certified return receipt mail or similar method providing proof of delivery and shall include a copy of the performance standards of subsection G of this section, with the requirement that these be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review; notification that the activity is required to comply with all these same performance standards; and that the activity is required to comply with all other aspects of this chapter. Should the notice be returned, then the notice shall be sent via regular U.S. mail.

4. Procedure for Consideration of Violations to Performance Standards. Upon receiving a complaint from the public, police department, code enforcement officer, or any other interested party that a deemed approved activity is in violation of the performance standards of subsection G of this section, and once it is determined by the city that violations appear to be occurring, then a public hearing will be scheduled before the administrative hearing officer, as follows:

5. Procedure for Consideration of Violations of Standards or Conditions of Approval. In the event of a violation of any condition of approval or of further violations of the provisions identified in subsection G of this section, the administrative hearing officer shall hold a noticed public hearing. The purpose of this public hearing is to receive testimony and determine whether violations of conditions of approval or of subsection G of this section have occurred. The administrative hearing officer may add to or amend the existing conditions of approval based upon the evidence presented, or alternatively may revoke the deemed approved activity’s deemed approved status. The determination of the administrative hearing officer shall become final ten calendar days after the date of decision unless appealed to the planning commission in compliance with subsection (H)(6) of this section. The decision of the planning commission shall be final unless appealed to the council in compliance with subsection (H)(7) of this section.

6. Appeal to Planning Commission. Appeals of the decisions of the administrative hearing officer may be filed in compliance with Chapter 17.126 (Appeals). In considering the appeal, the planning commission shall determine whether the established use conforms to the applicable deemed approved performance standards and may continue or revoke a deemed approved status, or require such changes in the existing use or impose such reasonable conditions of approval as are, in its judgment, necessary to ensure conformity to said performance standards.

7. Appeal to Council. Appeals of the decisions of the planning commission may be filed in compliance with Chapter 17.126 (Appeals). In considering the appeal, the council shall determine whether the deemed approved activity conforms to the applicable deemed approved performance standards, and may approve or deny the revocation or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said standards.

1. Applicability. The provisions of this subsection shall apply to the enforcement of this section.

2. Official Action. All officials, departments, and employees of the city vested with the authority to issue permits, certificates, or licenses shall adhere to, and require conformance with, this section.

3. Infractions. Any person who violates, causes, or permits another person to violate any provision of this section is guilty of an infraction unless otherwise provided.

4. Separate Offenses for Each Day. Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this section is committed, continued, allowed, or caused by such violator and shall be punishable accordingly.

5. Any Violation a Public Nuisance. In addition to the penalties provided in this subsection, any use or condition caused or allowed to exist in violation of any of the provisions of this section shall be and is declared to be a public nuisance and may be summarily abated as such by the city.

6. Injunction as Additional Remedy. Any violation of any provision of this section shall be and is declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

7. Penalties. Any person convicted of an infraction under the provisions of this subsection shall be punishable by a fine to the maximum allowed under state law. Any violation beyond the second conviction within a one-year period may be charged by the city attorney as a misdemeanor, and the penalty for conviction shall be punishable by a fine or imprisonment to the maximum allowed under state law.

8. Liability for Expenses. In addition to the punishment provided by law, a violator is liable for such costs, expenses, and disbursements paid or incurred by the city or any of its contractors in correction, abatement, and prosecution of the violation.

9. Enforcement. The city shall designate the appropriate personnel to enforce the provisions of these regulations. (Ord. 1650 § 3 (Exh. B), 2018)

1. Noise. The proposed use shall operate in conformance with the city noise ordinance (Chapter 9.12, Noise Control) to maintain compatibility with the nearby residences and businesses. The applicant shall make reasonable efforts to minimize the potential for adverse noise and crowd impacts on adjacent establishments and nearby residences, including, but not limited to, ensuring that all windows and doors are closed no later than 10:00 p.m., nightly.

2. Hours of Operation. Hours of operation for the alcohol services shall not be outside the hours from 8:00 a.m. until 11:00 p.m. each day of the week, unless otherwise specified by a use permit.

3. Menu Service. Full food service shall be available at all times alcohol is served, unless otherwise specified by the use permit. The restaurant shall have full meals and restaurant service available during all hours of operation, consistent with the approved hours of operation for the proposed use, unless otherwise specified by the use permit.

4. Events. Tables, chairs, and the general floor plan layout shall remain consistent with approved plans and may not be removed or modified for late night operation or special events to create a performance stage, dance floor, or similar area for performance/assembly unless approved by a separate city-issued permit.

5. Entertainment. Entertainment shall maintain an ambient level, which is clearly incidental, that allows for normal conversation levels, and for which no cover fee or ticket is required. Live or amplified entertainment that meets the definition of a live entertainment shall not be allowed without the approval of a live entertainment permit. Upon review of a live entertainment permit, the hours of operation may be re-evaluated or restricted.

6. Employee Training. All employees shall attend ABC LEAD Training or equivalent training. The property management shall be responsible for ongoing security/safety training to accommodate changes in personnel. The property management is responsible at all times for verifying the legal age of patrons, for monitoring patrons’ on-site alcohol consumption, and for declining to serve alcohol to patrons who demonstrate signs of intoxication or impairment associated with alcohol consumption, based on training provided to all staff. The property management shall not permit its patrons to leave the licensed premises with any alcoholic beverage or to consume alcoholic beverages on any property adjacent to the licensed premises under the control of the licensee(s).

7. Security. The applicant shall submit a security plan for approval by the police department. The applicant shall maintain and operate a video recording system that records activity at all entrances and exits during all business hours. The video shall be of a quality suitable for later identification of customers and staff. It will be recorded in a manner that may be retrieved and provided to police immediately upon demand. Video data shall be retained for a minimum of seventy-two hours or as otherwise required by law.

8. Alcohol License. Business shall be conducted in a manner that will not violate any provisions of the California Alcoholic Beverage Control Act, prohibiting the sale of alcohol to minors; maintaining the public health, morals, convenience, and safety; and taking reasonable steps to correct any objectionable conditions on the premises and immediately adjacent to the premises.

1. The use shall be consistent with the zoning regulations and the 2012 Alcohol Outlet Regulations to reduce public safety problems associated with alcoholic beverage sales and provide for properly maintained alcohol outlets so that negative impacts generated by these activities are not harmful to the surrounding environment;

2. The use will not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area;

3. The use will not result in jeopardizing or endangering the public health or safety of persons residing or working in the surrounding area;

4. The use will not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute; and

5. The use is compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

1. There shall be no sales of beer or wine for on-site consumption;

2. Beer or wine may be sold only in conjunction with selling groceries and other sundries and convenience items;

3. There shall be no advertisement or display of beer or wine visible from off the premises;

4. No beer or wine shall be displayed within five feet of the cash register or front door;

5. No advertisement of beer or wine shall be displayed at motor fuel islands and no self-illuminating advertising for beer or wine shall be located on buildings or windows;

6. No sales of beer or wine shall be made from a drive-in window;

7. No display or sales of beer or wine shall be made from an ice tub;

8. Employees on duty between the hours of ten p.m. and two a.m. who sell beer or wine shall be at least twenty-one years of age.

1. The establishment of concurrent sales of motor fuel and beer or wine is consistent with the provisions of the Business and Professions Code Section 23790.5.

2. The sale of beer or wine at this location does not jeopardize the public health, safety or welfare, and particularly, will not result in an over-concentration of businesses selling or serving alcoholic beverages within the vicinity.

3. The sale of beer or wine at a service/fueling station is otherwise allowed within the same zone at this location and the sale of beer or wine concurrent with motor fuel would not result in the expansion of a nonconforming use. (Ord. 1650 § 3 (Exh. B), 2018)

1. The principal building of the bed and breakfast establishment shall be the primary residence of the owner or manager of the bed and breakfast use.

2. Accessory buildings and structures may also be used for bed and breakfast guest rooms.

3. A bed and breakfast establishment shall comply with all other provisions of the zone in which it is located and shall comply with all other ordinances of the city.

4. A business license issued by the city is required and remittance of transient occupancy tax is required.

5. The home shall not be used by the public or paying guests for the hosting of receptions, private parties involving persons other than paying guests, or the like.

6. Meals, if provided, shall be served only to residents and overnight guests of the bed and breakfast establishment.

7. There shall be no separate or additional kitchen facility for the guests.

8. No alteration shall be allowed to the exterior of the dwelling or yard that alters the residential characteristics of the premises or jeopardizes/eliminates features of historical or architectural significance. Changes to any historical building shall be consistent with the Secretary of the Interior standards and shall be subject to cultural heritage committee and architectural review commission approval.

9. No historical structure shall be removed to allow for a bed and breakfast establishment, nor shall such a structure be removed to provide parking for such a use.

1. The minimum parking setback for guest/employee spaces shall be fifteen feet from the front property line and any street side yard and five feet from the rear and side property lines. The parking area shall be screened from direct view of the public right-of-way by a completely planted visual barrier.

2. All parking spaces and driveways shall be paved to city standards with decorative materials or, if a historic property, materials which maintain the historical character of the neighborhood and premises.

3. The number of guest rooms allowed should be based on the city’s density unit calculation, with a rental room counting as a studio, and shall in no case exceed fifteen rooms. The manager’s quarters shall be valued based on number of bedrooms but in no case shall be less than one density unit. Other factors used in determining the appropriate number of guest rooms that may be allowed in any location shall include the relationship of the site to parking, access, character, size, and scale of surrounding uses.

4. Sites with historic structures shall balance outdoor space for guest use with space required for off-street parking needs, as determined by the planning commission.

5. Any other conditions deemed essential and desirable by the planning commission may be imposed on such a use.

1. The establishment of a bed and breakfast establishment shall not result in the conversion of land in agricultural production.

2. Factors used in determining the appropriate number of guest rooms that may be allowed in any location shall include the relationship of the site to parking, access, character, size, and scale of surrounding uses, and in no case shall the number of guest rooms allowed exceed fifteen.

1. The establishment of the bed and breakfast establishment is consistent with the general plan.

2. The establishment of the bed and breakfast establishment will not be detrimental to a building, structure or feature of significant aesthetic, cultural, or historical interest or value.

3. The establishment of the bed and breakfast establishment does not constitute undue concentration of such establishments that would negatively affect the appearance and/or function of the surrounding neighborhood.

4. The establishment of the bed and breakfast establishment is compatible with and will not be detrimental to the character of the neighborhood and surrounding land use. (Ord. 1650 § 3 (Exh. B), 2018)

1. Indoor Personal Cultivation. Indoor personal cultivation of cannabis does not require a permit and is allowed in all private residences subject to all the following minimum performance standards:

2. Outdoor Personal Cultivation. Outdoor personal cultivation of cannabis does not require a permit and is allowable at all private residences, subject to all of the following minimum performance standards:

1. Commercial Cannabis Operator Permit.

2. No Vested Right to Operate. No person shall have any entitlement or vested right to operate a cannabis business solely by virtue of licensing under these regulations. Operation of cannabis activity(ies) requires both the approval of a conditional use permit and a commercial cannabis operator permit under Chapter 9.10, which is a revocable privilege and not a right in the city. The applicant bears the burden of proving that all qualifications for licensure have been satisfied and continuously maintained prior to conducting a cannabis business at an otherwise allowed location within the city.

3. State Application Required. Filing a local application for cannabis activity(ies) with the city does not constitute an application with the state of California. A separate state application and license process must be followed through with the state.

4. Application Requirements. All commercial cannabis activities require qualification through the commercial cannabis operator selection approval process in Chapter 9.10, Cannabis Regulations, a state license and a use permit for a specific location pursuant to this chapter. The application for a use permit shall include the following information:

5. Commercial Cannabis Development Standards. Each cannabis business is required to meet the following standards:

6. Commercial Cultivation.

7. Manufacturing.

8. Distribution.

9. Testing Laboratory.

10. Retail—Storefront.

11. Retail—Non-Storefront (Delivery Services).

12. Microbusiness.

1. Maximum Size. Gross floor area shall not exceed four thousand five hundred square feet per business. Floor area for any accessory residential use shall not be counted toward the allowed store floor area.

2. Height, Setback, and Lot Coverage. Convenience stores shall comply with the height, setback, and coverage requirements for the underlying zone, except that stores in residential zones shall comply with standards for the C-N zone.

3. Loading and Deliveries. One curbside or off-street loading space shall be provided per business. Loading and deliveries shall be allowed only between the hours of eight a.m. and nine p.m.

4. Hours of Operation. Convenience stores shall open for business no earlier than seven a.m. and shall close no later than ten p.m., and close no later than eight p.m. in residential zones, unless otherwise specified by use permit.

5. Alcohol Sales. Convenience stores within residential zones may sell beer and wine but shall be prohibited from selling distilled spirits of any kind.

6. Performance Standards. Convenience stores shall comply with Article 3 (Regulations and Standards Applicable to All Zones). In addition, all exterior trash enclosures, outdoor storage, heating or cooling equipment, refrigerators, and similar equipment shall be visually screened, and located and/or designed to avoid noise, odor, glare, or vibration impacts to neighboring properties.

7. Architectural Review. Convenience stores shall be compatible with neighboring structures in terms of scale, massing, architectural style or character, colors and materials, access, exterior lighting, and landscaping.

8. Required Findings. In acting to approve a convenience store in a residential zone, the review authority shall be required to make the following findings:

1. Adult day care facilities serving six or fewer clients on site at one time and small family day care homes for eight or fewer children are considered residential uses for the purposes of zoning regulations. They may be established in all zones where dwellings are allowed. No discretionary permit is required.

2. Adult day care facilities serving seven to twelve clients on site at one time and large family day care homes for children may be established in any zone where dwellings are allowed, subject to performance standards listed below. These facilities require written approval by the director as a director’s action. In accordance with applicable sections of the California Health and Safety Code, the director shall approve the use when he or she determines that the proposed facility:

3. Day care facilities serving more than twelve adults or more than fourteen children require discretionary review consistent with Table 2-1: Uses Allowed by Zone.

4. Day Care as an Accessory Use. When day care facilities are accessory to another use requiring a permit, only one permit application need be filed and acted on. As accessory uses to schools and churches, and where an employer provides on-site child care to fourteen or fewer children for the exclusive use of employees, day care is allowed by right, providing the primary use meets city parking standards.

1. Noise. The day care facility shall be subject to all applicable provisions of Chapter 9.12 (Noise Regulations). Where the day care facility is adjacent to housing in a residential zone, outdoor play and activities shall be prohibited prior to nine a.m.

2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety hazards. Operators of day care facilities shall provide carpool-matching services to all clients.

1. Health Permit Required. The food truck operator must have a valid permit issued by the county department of health. All required county health permits must be in the possession of the food truck operator at all times during operations within the city.

2. Business License Required. The food truck operator must have a valid business license issued by the city. As part of its application for a business license, the food truck operator shall furnish to the city evidence of insurance, as deemed acceptable in the reasonable discretion of the city, against liability for death or injury to any person as a result of ownership, operation, or use of its vending vehicles.

3. Hours of Operation. No food truck shall operate before 6:00 a.m. or after 11:00 p.m., including set-up and clean-up.

4. Written Approval of Owner. The written approval of the owner of the location shall be obtained. A copy of this approval shall be provided to the director prior to operating at the location. The food truck operator shall maintain proof of the owner’s approval in the vehicle. The person operating the food truck shall present this proof upon the demand of a peace officer or city employee authorized to enforce these provisions.

5. Consolidation. At the discretion of the director, the following requests may be reviewed and permitted as a single, consolidated operation: requests to operate more than one food truck by the same applicant or food truck business owner, multiple requests for mobile food vending vehicle on a private property, or in conjunction with a temporary use permit for a larger event.

1. Parking Location. The vehicle shall only be stopped, standing, or parked on surfaces paved with concrete, asphalt, or another all-weather material.

2. Staffing. A minimum of one person shall attend a food truck during the permitted hours of operations.

3. Food. Only the sale of food items for immediate consumption is permitted. Sale of food items in glass containers is prohibited.

4. Vehicle Types. No food may be sold from a vehicle used a dwelling or recreational vehicle. Only commercial vehicles with current registration with the state are allowed to operate food trucks.

5. Litter Removal. The food truck and surrounding property shall be maintained in a safe and clean manner at all times. The food truck operator must remove litter caused by its products from any public and private property within a twenty-five-foot radius of the vending vehicle’s location.

6. No Discharge of Liquid. The food truck operator shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into city streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the food truck operator.

7. Noise. The food truck operator shall be subject to the noise provisions set forth in Chapter 9.12 (Noise Control). The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. The operator shall prohibit loitering at the site and shall control noisy patrons on site and those leaving the premises. No amplified music or loudspeakers shall be permitted.

1. Occupancy shall be limited to not more than one resident per sixty square feet of building area. The landlord shall allow the city to verify occupancy by allowing an inspection of the records or by a visual inspection of the premises. Any inspection shall be at a reasonable time and shall be preceded by a twenty-four-hour notice to the residents.

2. The maximum number of persons allowed on site for routine meetings and gatherings shall not exceed the limit established by the applicable conditional use permit.

3. The fraternity or sorority shall remain affiliated and in good standing with the Interfraternity Council of Student Life and Leadership at California Polytechnic University, San Luis Obispo. If the fraternity or sorority becomes unaffiliated or no longer held in good standing with California Polytechnic University, the conditional use permit shall be revoked.

4. The landlord shall provide names and telephone numbers of responsible persons to the community development department and SLOPD neighborhood services manager on an annual basis. Responsible persons shall be available during all events and at reasonable hours to receive and handle complaints.

1. As conditioned, the project will not be detrimental to the health, safety, and welfare of persons living or working at the site or in the vicinity because conditions have been included that place limits on the number of persons allowed on site, restrict activities, provide adequate parking, and limit potential disturbances to neighboring properties. The project will be compatible with site constraints and the character of the neighborhood.

2. The proposed project is consistent with General Plan Land Use Policy 2.6.5 and Housing Element Policy 8.6 to locate student housing projects, fraternities, and sororities in close proximity to the Cal Poly campus and other student-oriented uses and housing.

3. As conditioned, the proposed use is consistent with the zoning regulations because the number of residents is consistent with the group housing maximum occupancy limits and the parking configuration is consistent with neighboring properties and results in an adequate number of parking spaces for residents. (Ord. 1650 § 3 (Exh. B), 2018)

1. The conduct of a home occupation requires the approval of a home occupation permit by the director, who may establish additional conditions to further the intent of this section. A permit is required when a person does business in his/her home, uses his/her home address as a business address on business licenses and tax certificates, or uses his/her phone as a business phone. Home occupations may be conducted from dwellings located in residential zones or from dwellings located in commercial zones where dwellings are an allowed or conditionally allowed use. Home occupation permits are not required for employees telecommuting.

2. Upon receipt of a completed application for a home occupation use, a public notice shall be posted at the site of each proposed home occupation as required for a director’s action, Chapter 17.108 (Director’s Action). If any person informs the community development department of a question or objection concerning the proposed home occupation that cannot be satisfactorily resolved within five days of the posting, the director shall schedule a hearing for the application, as provided for in Chapter 17.110 (Minor Use Permits and Conditional Use Permits). If no questions or objections are received by the community development department within five days after posting, the director may issue the permit upon submission of all required information and without further notice or public hearing.

3. State-licensed small-family child day care operations for six or fewer children are exempt from home occupation regulations (see State Health and Safety Code Section 1529.5).

4. The provisions in this section shall apply to cottage food operations, as defined by Section 113758 of the State Health and Safety Code and subject to prior issuance of a permit for a cottage food operation from the county health agency, as required by Health and Safety Code Section 114365.

1. Home occupations shall not have characteristics which would reduce residents’ enjoyment of their neighborhoods. The peace and quiet of residential areas shall be maintained.

2. A home occupation use shall not allow any clients or customers without prior appointments and shall not allow more than six appointments or clients in any one day.

3. Businesses with customer access shall maintain at least one on-site customer parking space in addition to the required residential parking. For the purposes of this section only, parking in a driveway that has a minimum depth of twenty feet from the back of sidewalk and is made available to customers during business hours of operation shall meet the definition of a parking space.

4. Activities shall be conducted entirely within the dwelling unit or an enclosed accessory building. The appearance of all buildings shall be residential in nature. Horticultural activities may be conducted outdoors.

5. Sales and rental activities may be conducted on premises; provided, that storage and display area shall not occupy more than five hundred square feet of the principal building and any permitted accessory structure.

6. There shall be no advertising of the home occupation by street address, except that street addresses may be included on business cards and business correspondence originating from the home.

7. For a home occupation use in a residential zone, no vehicle larger than a van or longer than twenty feet may be used in connection with a home occupation. A marked commercial vehicle used in conjunction with the occupation shall have no more than two square feet of advertising. Licensed vehicles and trailers used in connection with a home occupation are limited to one additional vehicle and/or trailer.

8. The home occupation use and associated activities shall not encroach on any required parking, setback area, or open space area.

9. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classifications of the premises, nor use utilities in amounts greater than normally provided for residential use.

10. No use shall create or cause noise, dust, vibration, smell, smoke, glare, electrical interference, or other hazard or nuisance.

11. No more than one employee other than residents of the dwelling shall be allowed to work on site within a residential district, and no more than two employees within a nonresidential district. Babysitters or domestic servants are not considered employees of a home occupation.

12. Clients or customers shall not visit the home occupation between the hours of eight p.m. and seven a.m.

13. If the home occupation is to be conducted from rental property, the property owner’s authorization for the proposed use shall be obtained.

14. No delivery or commercial pick-up shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

1. Automotive repair (body or mechanical), or detailing, upholstery or painting of automobiles, when performed on the same site as the home occupation.

2. Carpentry or cabinet making.

3. Welding or machining.

4. Medical offices, clinics, and laboratories, except that counseling is allowed when no more than one client visit or group session is held at one time.

5. Appliance, radio, or television repair.

6. Print shops or photograph development; digital photo production is allowed.

7. Gun or ammunition sales, including off-site work and by mail order.

8. Any other activity or use, as determined by the director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes. (Ord. 1650 § 3 (Exh. B), 2018)

1. The shelter shall be operated by a responsible agency or organization with experience in managing or providing social services.

2. The shelter shall provide at least one qualified on-site supervisor at all times, plus one attendant for each fifty occupants.

3. No new homeless shelter shall be established within three hundred feet of an existing homeless shelter. This restriction may be modified by an administrative use permit.

4. Homeless shelters proposed adjacent to residential neighborhoods shall require architectural review to ensure the shelter design provides for adequate privacy between uses and minimizes potential impacts of the proposed shelter to adjacent residences.

5. Parking shall be supplied at a ratio of one vehicle space per ten beds, and one secured bicycle parking area designed to accommodate up to one bicycle per ten beds.

6. Each homeless shelter shall be limited to a maximum occupancy of two hundred fifty persons (in total), including warming shelters and daytime facilities.

7. A management plan shall be required to address how the immediate sheltering needs of individuals who may be turned away from the shelter will be handled. The management plan shall establish a maximum length of time for which clients may be accommodated. (Ord. 1650 § 3 (Exh. B), 2018)

1. Operators of homestays in all zones are required to obtain a homestay permit and a business license.

2. The operator of the homestay shall pay transient occupancy tax and tourism business improvement district tax as required by the municipal code.

3. The operator of the homestay shall annually provide verification of primary residence through the homeowner’s property tax exemption or other appropriate documentation.

4. The operator of the homestay shall provide the name and contact information of a responsible party in the application if the owner-occupier anticipates he or she may not be on the premises at all times during the homestay rental.

1. Homestays shall comply with the property development and performance standards set forth in Articles 2 (Zones, Allowable Uses, and Development and Design Standards) and 3 (Regulations and Standards Applicable to All Zones) of this title.

2. All building and fire code regulations shall be met.

3. The number of overnight guests shall be limited to four adults. Bedrooms shall meet the minimum size requirements as defined in the building code.

4. At all times when a homestay rental is occurring, the owner or responsible party shall be within a fifteen-minute drive of the property. The owner or responsible party shall be available via telephone twenty-four hours a day, seven days a week, to respond to complaints regarding the homestay. Contact information for the owner and responsible party shall be provided to homestay guests, adjacent neighbors and stated on the application.

5. Upon sale or transfer of the home for which a homestay permit has been granted, a new homestay application shall be required within sixty days of the transfer. Failure to submit a new application as required within sixty days shall result in the termination of the existing allowed use.

6. The homestay shall be limited to only the owner-occupied dwelling unit on the property. Homestays shall not be permitted within recreational vehicles or within accessory dwelling units.

7. Any advertisements for the homestay shall include the business license number. On-site advertising of the homestay is prohibited.

1. Violation of these requirements and standards shall constitute grounds for revocation of the homestay permit.

2. At any time, the permit can be referred to an administrative review hearing if determined by the director upon receipt of substantiated written complaints from any resident, code enforcement officer, or police department officer, which includes information and/or evidence supporting a conclusion that a violation of the permit, or of city ordinances or regulations applicable to the property or operation of the homestay, has occurred. At the time of the permit review, to ensure compliance with applicable laws and conditions of permit, conditions of approval may be added, deleted or modified, or the permit may be revoked. (Ord. 1705 § 50, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Outdoor facilities are to be allowed only as an accessory use and structure to an allowed kennel.

2. Outdoor facilities shall be located outside of any required setback area or street frontage area. A minimum ten-foot setback for outdoor facilities shall be required for zones where a setback area is not defined.

3. Outdoor facilities are only allowed when an allowed kennel is in operation. In no event shall an outdoor facility operate between the hours of seven p.m. to eight a.m.

4. All outdoor facilities shall be properly screened with walls and/or fencing. (Ord. 1650 § 3 (Exh. B), 2018)

1. Sales shall be limited to Christmas trees, pumpkins, flowers, seasonal produce and the like and related accessory items only, as specified in the letter of approval.

2. Sales of Christmas trees shall not be conducted before Thanksgiving or after December 26th. The duration of pumpkin and seasonal produce sales shall be subject to director approval.

3. The site shall be maintained in a neat and orderly manner at all times. All sales items, sales equipment, temporary power poles, other temporary structures, and signs shall be kept behind a ten-foot setback from all street rights-of-way, and they shall be removed within ten days after the close of the sale. Trash and recycling receptacles shall be provided in a convenient location for customers.

4. A camper or trailer for overnight security may be parked on site for the duration of the permit. Any such camper or trailer shall be set back at least ten feet from the street right-of-way.

5. The applicant may be required to post a refundable deposit, set by the director, with the community development department to ensure site clean-up. Deposit shall be in the form of a cashier’s check and shall be made prior to occupying the site.

6. Outdoor sales lots are subject to all fire safety measures, including location of fire extinguishers, as required by the Fire Marshal.

7. Any Christmas trees sold for use in public facilities shall be flame-proofed with a State Fire Marshal-approved material by a state-licensed application.

8. Applicants shall obtain a city business tax certificate. A copy of the director’s approval and the business tax certificate shall be posted in a conspicuous location at all times when the use is in operation.

9. The applicant shall secure a building permit for any structure requiring a permit, associated with the use. The plan shall show the proposed vehicular circulation pattern, parking layout, and location of structures. Plans shall also demonstrate compliance with California Code of Regulations Title 24 requirements for handicap accessibility.

10. The use shall comply with all requirements of the county health agency.

11. Restroom facilities shall be provided either on site or on a nearby property to the satisfaction of the chief building official.

12. No sales or display shall take place in the public right-of-way.

1. Outdoor sales of nonagricultural products, such as food carts, barbecues, and swap meets, shall be limited to the types of retail sales allowed in the location’s zone. Outdoor sales may be temporary, intermittent, or permanent. Outdoor sales do not include incidental outdoor display of merchandise associated with a business occupying a building on the site, nor sale of things usually sold outdoors, such as boats, vehicles, and building or landscape materials. See also Chapter 5.16 (Solicitors and Peddlers) and Chapter 5.48 (Sales on Streets and Sidewalks).

2. Other outdoor sales require director’s action approval. Parking requirements, setbacks to sales or storage areas, safety and aesthetic screening, and other development standards usually related to buildings shall be established by permit approval.

1. Each garage or yard sale shall not exceed three consecutive days.

2. Each unit within multi-unit apartment or condominium project and common interest subdivisions may have up to four garage/yard sales in approved common areas with the permission of the homeowners’ association (for sales within common areas), property owner, or property manager.

3. Items shall consist of normally accumulated household items (clothing, furniture, etc.). Items offered for sale may not include items acquired for resale.

4. One on-site sign not to exceed four square feet shall be allowed during the sale. No other signs are allowed in the area and no signs may be displayed within a public right-of-way.

5. Garage and yard sales are not allowed on vacant lots. (Ord. 1650 § 3 (Exh. B), 2018)

1. Recreational vehicles and trailers with current licenses may be parked in driveways consistent with Section 17.76.040 (Front Yard Parking).

2. Unregistered and unlicensed boats, trailers, camper shells, recreational vehicles, jet skis, and similar devices, and parts of these items, may be parked in any side or rear yard outside of any required setback area. However, any such device or part so parked must be screened from any public right-of-way as set forth in Section 17.76.100 (Screening).

1. Development Standards. Moveable tiny houses shall conform with the requirements under Section 17.70.010 (Accessory structures), including but not limited to setbacks, height, and other applicable zoning requirements of the zone in which the site of the proposed moveable tiny house is located, except as modified by this subsection.

2. Parking Spaces. Moveable tiny houses shall not require additional parking.

3. Mechanical Equipment. All mechanical equipment for a moveable tiny house shall be incorporated into the structure and shall not be located on the roof, except for solar panels.

4. Utility Connections and Requirements. Moveable tiny houses shall not require separate utility meters from the primary unit. Moveable tiny houses may be off-grid and not connected to one or more utility systems, but only if the applicant provides sufficient proof, to the satisfaction of the director and the building official, that the moveable tiny house has adequate, safe, and sanitary utility systems providing water, sewer, heating, cooling, and electric power. Gas connections and use of propane tanks are prohibited.

5. Addresses. Moveable tiny houses shall not have separate street addresses from the primary unit.

6. Foundation Requirements. Once sited on the parcel of the primary unit, moveable tiny houses shall meet the following foundation requirements:

7. Emergency and Rescue Openings. Moveable tiny houses shall meet the requirements of Section R310 of the California Building Code for emergency escape and rescue openings. Egress roof access windows in lofts used as sleeping rooms shall be deemed to meet this requirement if installed such that the bottom of the opening is not more than forty-four inches above the loft floor, provided the egress roof access window complies with the minimum opening area requirements of California Building Code Section R310.2.1.

8. Procedural Requirements. A director’s action application shall be required to establish a moveable tiny house; an applicant for a moveable tiny house shall submit proof that:

1. Accessory Use. Reverse vending machines may be installed as an accessory use to an allowed or conditionally allowed primary use on the same site.

2. Location. Machines shall be located adjacent or as near as feasibly possible to the entrance of the commercial host use and shall not obstruct pedestrian or vehicular circulation. Machines can be located against a wall but not in parking areas.

3. Identification. Machines shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

4. Trash Receptacle. The owner or operator of the property shall provide a minimum forty-gallon garbage can for nonrecyclable materials located adjacent to the reverse vending machine.

1. Size. Recycling collection facilities shall not exceed a building site footprint of three hundred fifty square feet.

2. Equipment. No power-driven processing equipment, except for reverse vending machines, shall be used.

3. Location. Facilities shall be located at least seventy-five feet away from properties zoned for residential use and cannot occupy parking spaces required for the main use unless a parking study shows available capacity during the hours of recycling facility operation.

4. Setback. Facilities shall not be located within a required setback.

5. Containers. Containers shall be constructed of durable waterproof and rustproof materials and secured from unauthorized removal of material.

6. Identification. Containers shall be clearly marked to identify the type of accepted material, the name and telephone number of the facility operator, and the hours of operation.

7. Site Maintenance. Recycling facility sites shall be maintained clean, sanitary, and free of litter and any other undesirable materials.

1. Location. Facilities shall be at least one thousand feet from properties zoned for residential use.

2. Screening. The facility shall be screened from public rights-of-way by solid masonry walls or located within an enclosed structure.

3. Outdoor Storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

4. Identification. Facilities shall be clearly marked with the name and phone number of the facility operator and hours of operation.

5. Vector, Odor, and Noise Control. Operations shall comply with all city and county codes regarding vector, odor, and noise control.

1. Maintenance—Pest Infestation Prohibited. Waste disposal facilities shall be maintained in such a manner that vermin and pest infestation cannot take place.

2. Covering or Wetting to Prevent Dust. The owner, proprietor, or caretaker of any composting facility or solid waste landfill shall use a tarp or covering or wet down the waste disposal facility with water or chemical stabilizers at intervals sufficiently frequent to control dust. (Ord. 1650 § 3 (Exh. B), 2018)

1. Site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior light fixtures, location and distances to residential properties, public transportation, and location of designated overnight parking spaces.

2. Hours of operation.

3. Monitoring and oversight program.

4. Neighborhood relations plan.

5. Sufficient information to determine that the applicant is a social service provider that is qualified to operate a safe parking program or is affiliated with a social service provider that demonstrates the experience and qualifications to manage the site and meet the performance standards identified in this chapter.

6. Any other information the director may determine is necessary to ensure compliance with the provisions of this section.

1. Social Services Provider. Safe parking facilities shall be managed by a qualified social service provider, subject to the approval of the director.

2. Case Management. Participants shall be paired with a case manager and enrolled in a self-sufficiency program to facilitate the transition to permanent housing.

3. Background Check. Prospective participants shall submit to a criminal history background check. Participant exclusion shall be determined by the social service provider on a case-by-case basis.

4. Restroom, Water and Trash Facilities. Restroom, water and trash facilities shall be provided, maintained, and accessible to participants during safe parking facility hours.

5. Residency Preference. Social service provider shall give preference to those with proof of residency in the county for a minimum period of six months within the last two years. Evidence of residency may include, but not be limited to, items such as rental agreements, mortgage, utility, hotel and medical facility bills, paystubs, and intake from homeless service programs.

6. Buffer from Residential Use. Participant vehicles shall maintain a minimum buffer of fifty feet from any property that contains a residential use. Buffers less than fifty feet may be allowed through the use permit review process on a case-by-case basis when determined to be compatible with the neighborhood. Buffers greater than fifty feet may be necessary for neighborhood compatibility, which will be determined on a case-by-case basis as part of the conditional use permit review process.

7. Authorized Vehicles Only. Social service provider shall ensure that only vehicles registered in the program are parked overnight during program hours. A parking permit shall be provided to all participants to be displayed in vehicle windows in a form to be approved by the public works director.

8. Participant Information. At all times, the social service provider shall maintain a roster of the names and vehicle license numbers of each participant who is authorized to park overnight.

9. Written Agreement with Participants. Only participants who have entered into a written agreement with a social service provider shall be allowed to use parking spaces overnight. The written agreement between the social service provider and participant shall include, but not be limited to, the following terms and conditions:

1. Number of Vehicles Allowed. The total number of vehicles allowed at each safe parking facility location.

2. Hours of Operation. The days and hours of safe parking facility operation.

3. Separation between Facilities. Sufficient distance between existing and proposed safe parking facilities.

4. Neighborhood Relations Plan. A neighborhood relations plan shall be provided for each safe parking facility location to address any complaints in a timely manner, including consistency with any adopted good neighbor policy.

5. Monitoring and Oversight. Monitoring and oversight shall be provided during safe parking facility hours.

6. Restroom, Water and Trash Facility Plan. A restroom, water and trash facility plan shall be provided and include the location, hours of availability and maintenance program for site facilities.

1. Within one thousand feet of any business licensed for retail sale of cannabis or cannabis products;

2. Within one thousand feet of any business which, as determined by the review authority, would pose a significant health risk to the school due to the presence of hazardous materials or conditions; or

3. Any area identified in the airport land use plan as prohibiting such school use.

1. Pick-up/Drop-off Plan. A plan and schedule for the pick-up and drop-off of children or clients shall be provided for review and approval by the director. The plan shall demonstrate that adequate parking and loading are provided on site to minimize congestion and conflict points on travel aisles and public streets. The plan shall also demonstrate that increased traffic will not cause traffic levels to exceed those levels customary in residential neighborhoods except for somewhat higher traffic levels during the morning and evening commute. The plan shall include an agreement for each parent or client to sign which includes, at minimum:

2. Recreational Open Space. If open space is not required as part of the minimum requirements of the zone in which a private school of general education is located, private schools of general education shall also provide:

3. Noise. Compliance with Chapter 9.12 (Noise Control) shall be required for zone in which the school is located.

1. Purpose, Scope, and Duration. In order to allow more complete use of space made available by declining student enrollment in public schools, certain commercial activities may be established in public schools not being used for public school purposes due to temporary or permanent school closure, in addition to the uses listed in Table 2-1: Uses Allowed by Zone as allowed within the PF zone. Notwithstanding any other provisions of these regulations to the contrary and in conformance with the general plan, the following provisions shall apply to such uses.

2. Uses Allowed with Minor Use Permit Approval. The following uses may be established within public school buildings subject to approval of a minor use permit, as provided in Chapter 17.110 (Minor Use Permits and Conditional Use Permits) and subject to the standards in subsection (D)(5) of this section.

3. Uses Allowed with Conditional Use Permit Approval. The following uses may be established on public school properties subject to approval of a conditional use permit, as provided in Chapter 17.110 (Minor Use Permits and Conditional Use Permits), and subject to the standards in subsection (D)(5) of this section.

4. Other Uses Allowed. Other uses may be allowed by minor use permit or by conditional use permit. Upon receipt of an application for a use not listed in subsection (D)(2) or (D)(3) of this section, the director shall determine whether the use is similar in character and impacts on its surroundings to one of those listed in subsection (D)(2) or (D)(3) of this section and shall determine the permit process required or shall determine that the use does not meet the intent of this section and therefore is not allowed.

5. Development and Performance Standards. The following standards shall be conditions of approval for all types of permits. Whether these standards can reasonably be met shall be considered by the review authority when deciding if a permit should be approved for a specific use in a specific location:

1. Premises adjoining residential zones shall be screened from such zones by a minimum six-foot-high landscaped visual barrier, subject to the limitations of Section 17.70.070 (Fences, Walls, and Hedges).

2. Street frontage between driveways shall have a low wall or other landscape barrier to prevent vehicles from being driven or parked on the sidewalk.

3. Bells or other sound signals shall be turned off between ten p.m. and seven a.m. if the station is adjacent to a residential zone.

4. Pump islands shall be located at least fifteen feet from any street right-of-way line or setback line, except that cantilevered roofs may extend to a point at least five feet from such lines.

5. Repair work shall be performed and dismantled vehicles shall be stored inside a building or area screened so that such area is not visible from off the premises.

6. Compliance with Chapter 17.74 (Performance Standards) and Chapter 5.36 (Service Stations) is required.

1. Real Estate Sales Office in Tract. A temporary real estate sales office may be established in a residential development for the initial sale of property in that development, upon approval via director’s action. Such an office may be located within a residence or a common or temporary building. If a temporary building is used, it shall be removed upon termination of the use.

2. Mobile Home as Construction Office.

3. Educational Conferences. Student housing complexes normally occupied for part of the year may be used during their vacant periods for educational conferences, provided a minor use permit is approved. The occupancy of such facilities during educational conferences shall not exceed the maximum established by any prior city approval for residential occupancy.

4. Parades, Carnivals, Fairs, Festivals. Use of privately owned property for parades, carnivals, fairs, and festivals requires approval of a temporary use permit. Where these events involve public property, coordination with the city clerk’s office is required.

5. Other Temporary or Intermittent Uses and Special Events. Upon approval of a temporary use permit, the director may approve other temporary or intermittent uses, including but not limited to musical events, auctions, estate sales, clothing outlet sales, nonprofit benefits, parking lot sales, and car shows. At the discretion of the director, certain small-scale events with limited duration, consisting of activities with no potential to detrimentally affect those working and living in the vicinity, may be allowed through director’s action, without a public hearing. (Ord. 1705 § 52, 2021; Ord. 1650 § 3 (Exh. B), 2018)

1. Government-owned telecommunications facilities used primarily to protect public health, welfare, and safety.

2. Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services for use in the provision of those services.

3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards identified in Section 17.70.160 (Satellite Dish Antenna).

4. Any facility specifically exempted under federal or state law.

5. A co-location, or modification of a pole, tower or support structure or replacement of a pole, for co-location of a communications facility, that qualifies as an “eligible facilities request.” An “eligible facilities request” means an eligible facilities request as set forth in 47 C.F.R. Section 1.40001(b)(3).

1. Installation of a new wireless telecommunications facility or significant modification of an existing installation, as determined by the director, shall require minor use permit approval.

2. The co-location of a new wireless telecommunications facility with an existing approved installation, or minor modification of an existing installation, shall only require director’s action for architectural review.

1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zone.

2. Height. The height of any antenna or support equipment shall be determined as part of the administrative use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.

3. Site Access. Telecommunications facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the director.

4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening, and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.

5. Lighting. All telecommunications facilities not otherwise required to have lighting in compliance with Federal Aviation Administration rules shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.

6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or site shall be designed to ensure consistency with the Secretary of the Interior standards for remodeling and rehabilitation.

7. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunications facility to provide the city with a notice of intent to modify site equipment in any way. At the time of modification, co-location, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the director. Unused or obsolete equipment or towers shall be removed from the site within ninety days after their use has ceased.

8. Number of Facilities per Site. The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.

9. Noise. Operations of wireless telecommunications facilities shall comply with the requirements of Chapter 9.12 (Noise Control) for the zone in which they are located.

10. Backup Generators. Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.

11. Biological Impacts. Wireless telecommunications facilities shall minimize potential impacts to biological resources to the greatest extent possible.

12. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunications facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the city and shall be subject to minor use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the minor use permit, at the expense of the facility owner/operator.

13. Airport Operations. Wireless telecommunications facilities shall not be sited in locations where they will interfere with the operation of the San Luis Obispo airport. Wireless towers and related facilities within the airport planning area shall be referred to the airport manager or the airport land use commission for a determination of consistency with airport area standards.

14. Radio Frequency and Electromagnetic Exposure.

15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunications facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.

16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the director, upon receipt of written complaints, the minor use permit allowing a telecommunications facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the minor use permit may be revoked.

17. Interference with Public Services and Facilities. Telecommunications facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.

18. City Inspection. The city shall have the right to access facilities after twenty-four hours’ written or verbal notice.