Santa Clarita City Zoning Code
Division 7
SPECIFIC DEVELOPMENT STANDARDS
§ 17.61.010 Purpose.
It is the purpose and intent of this chapter to regulate adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material or material harmful to minors.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.020 Applicability.
A.
Adult businesses shall only be permitted to be operated in the community commercial (CC) zone or business park (BP) zone, and shall be subject to all the regulations and provisions in this code. The provisions of adult businesses shall be applied to the following:
1.
Adult motion picture arcade;
2.
Adult bookstore;
3.
Adult novelty store;
4.
Figure modeling studio;
5.
Adult cabaret;
6.
Adult motel;
7.
Adult tanning salon;
8.
Adult motion picture theater;
9.
Sexual encounter establishment;
10.
Escort agency;
11.
Semi-nude model studio;
12.
Juice bar.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.030 Legal Nonconforming Use.
A.
All design and performance standards set forth in Section 17.61.090 (Performance/Development Standards) and locational and distance requirements set forth in Section 17.61.040 (Locational and Distance Requirements) are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses and shall immediately apply to any proposed adult business upon adoption and passage of the ordinance codified in this chapter.
B.
In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the design and performance standards of Section 17.61.090 (Performance/Development Standards), any such adult business shall be considered a legal nonconforming use and shall conform to all design and performance standards within two (2) years of the effective date of said ordinance.
C.
In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this chapter that is not in compliance with the locational and distance requirements of Section 17.61.040 (Locational and Distance Requirements), any such adult business shall be considered a legal nonconforming use and shall conform to all standards within five (5) years of the effective date of said ordinance.
D.
Any adult business which was a legal use at the time of annexation of the property into the City but which is a nonconforming use after annexation shall be subject to the same time requirements as indicated in subsections (B) and (C) of this section, starting from the date of annexation.
E.
Any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status. Any nonconforming use lawfully in existence prior to the adoption of the ordinance codified in this chapter may be continued, except as provided in this chapter; provided, that the use shall not be increased, enlarged, extended, or altered. Upon the conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty (30) days.
F.
An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided herein.
1.
The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the applicable amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the City Manager or designee determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the City and shall be accompanied by the required fee as established by resolution of the Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this chapter.
2.
Not later than thirty (30) days after submittal of an application to extend the amortization period, the City Manager or designee shall notify the applicant, in writing, if the application is not complete. A complete application shall include:
a.
The applicant's signature;
b.
A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (H) of this section and shall identify the term of the requested extension;
c.
The required fees;
d.
A mailing list and a set of gummed labels attached to envelopes with first-class postage fully paid thereon with the names, addresses and tax assessor's parcel numbers of all owners of real property within a radius of one thousand (1,000) feet from the external boundaries of the property on which the adult business is located; and
e.
A tax assessor's parcel map identifying the properties to be notified within the one thousand (1,000) foot radius.
If the application is not complete, the City Manager shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within (30) calendar days after it is submitted, the application shall be deemed complete.
G.
The Commission shall hold a noticed public hearing on the request for an extension.
H.
Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the Commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area and the following additional factors:
1.
The present actual and depreciated value of business improvements;
2.
The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;
3.
The remaining useful life of the business improvements;
4.
The remaining lease term;
5.
The ability of the business and/or land owner to change the use to a conforming use; and
6.
The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization requirements.
I.
The Commission, or the Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.
J.
An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within one thousand (1,000) feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.040 Locational and Distance Requirements.
A.
No person shall cause or permit the operation of any adult business within one thousand (1,000) feet of another adult business, within one thousand (1,000) feet of any religious institution, school, public park, public building, or within one thousand (1,000) feet of any property zoned or approved for residential use or used for residential purposes.
B.
Distance between any two (2) adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line of each business. The distance between any adult business and any religious institution, school, public park, public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school or public park or public building or the nearest boundary of an affected residential zone or residential lot.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.050 Adult Business Use Permit Application.
A.
In order to operate an adult business within the City, the applicant or proprietor of the business must obtain the adult business license required by this chapter and an adult business use permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with this chapter, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an adult business use permit required by this code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an adult business use permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this chapter, shall file a written, signed and verified application on a form provided by the City. The completed application shall contain the following information and shall be accompanied by the following documents:
1.
If the applicant is:
a.
An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age.
b.
A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.
c.
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process.
2.
The applicant's mailing addresses and residential address.
3.
Location and address including legal description of the proposed adult business.
4.
A recent photograph of the applicant(s).
5.
The applicant's driver's license number, Social Security number and/or his/her State or Federally issued tax identification number.
6.
Ten (10) legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies (using an engineer's scale of one (1) inch equals twenty (20) feet) of the floor plan showing the configuration of the premises, including a statement of total floor space occupied by the business.
7.
Twenty (20) straight-line, legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted.
8.
Two (2) copies of each of the following:
a.
Land use map (one thousand (1,000) foot radius).
i.
Draw at a scale of one (1) inch to one hundred (100) feet;
ii.
Indicate the applicant's property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers;
iii.
Indicate existing uses (house, apartment, store, vacant, etc.) on all lots, parcels and portions thereof within the radius; and
iv.
Distinguish the applicant's property from surrounding property.
b.
Property ownership map (one thousand (1,000) foot radius).
i.
Draw at a scale of one (1) inch to two hundred (200) feet;
ii.
Indicate the applicant's property (with dimensions); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alleys, rights-of-way, current lot lines; and all tract lot and house numbers;
iii.
Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and
iv.
Distinguish the applicant's property from surrounding property.
c.
Property proximity map (eight and one-half (8 1/2) inches by eleven (11) inches) indicating surrounding property within a radius of three hundred (300) feet and two thousand five hundred (2,500) feet from the exterior boundaries of the subject property.
9.
Prepare a complete list of names and mailing addresses of the current owners of each parcel or lot within, or partially within, a one thousand (1,000) foot radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be certified as true and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the ownership map. In addition a certified property owners list affidavit shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners.
10.
One (1) complete set of mailing labels for all of the property owners within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, including the following:
a.
Name and address of the property owner(s);
b.
Name and address of the manager of any mobilehome park, or portion thereof, within a one thousand (1,000) foot radius of the property. Such label shall include the letters "MHP" apart from the address so that such notices contain a request to post the notice in a public area or within the park; and
c.
One (1) set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one (1) mailing of notices. Notices will be mailed by the Community Development Department.
11.
A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.
12.
Proposed hours of operation.
13.
The name or names of the person or persons having responsibility for the management or supervision of the applicant's business and of any entertainment.
14.
Whether the applicant or any other individual listed pursuant to this chapter holds any other permits and/or licenses under this chapter or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.
15.
Whether the applicant or any of the other individuals listed pursuant to this chapter has had a previous permit under this chapter or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this chapter has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
16.
Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction.
17.
The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this chapter.
18.
One (1) official set of the applicant(s) fingerprints (obtained from Los Angeles County Sheriff's office). The City shall submit/send the fingerprints to the State Department of Justice for a Criminal History Background Check within seventy-two (72) hours of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant. If the City does not receive the background check from the Justice Department within sixty (60) days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met.
19.
The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Signage requirements can be obtained in the Planning Division. The on-site sign must be posted twenty-one (21) days prior to the public hearing.
B.
Applicants for a permit under this chapter shall have a continuing duty to promptly supplement application information required by this chapter in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director shall be grounds for suspension of a permit.
C.
In the event that the Director determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, they shall notify the applicant of such fact within thirty (30) days and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
D.
Prior to obtaining any permit to operate any adult business defined in this chapter, and as part of any application for a permit under this chapter, the applicant shall obtain a written letter signed by the Director that the proposed location of such business complies with the locational requirements of this chapter.
E.
By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter of the code, and to the Los Angeles County Sheriff's office and all other City agencies charged with enforcing the laws, ordinances and code applicable in the City of their respective responsibilities.
F.
The applicant(s) shall receive a dated, signed and written letter from the Director when the application is deemed complete.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.060 Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit.
A.
The Commission shall approve or disapprove the completed adult business use permit application within sixty (60) days of its acceptance as complete by the Director, unless extended upon the written consent of the Director and the applicant.
B.
Within sixty (60) days of receipt of the completed application by the Director, the Commission shall conduct a noticed hearing on the application for an adult business use permit and shall approve the application if the application meets the requirements of this code and shall deny the application if any of the findings set forth in this code cannot be fulfilled. The Commission shall issue its decision during the public hearing. If the Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this code.
C.
In the event the information requested pursuant to the code is not available prior to the granting of the permit, the Commission shall, if the application otherwise meets the requirements of this code, issue the permit. Should information later obtained pursuant to this code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the adult business use permit is subject to suspension or revocation pursuant to the provisions of this code and all other applicable laws and ordinances, including revocation and suspension provisions hereof.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.070 Findings Requiring Application Approval.
A.
The Commission, or Council on appeal, shall approve the application for an adult business use permit unless it is unable to make one (1) or more of the following findings:
1.
That all applicable fees have been paid.
2.
That the applicant or the applicant's spouse is not overdue in payment to the City of any fees, fines or penalties assessed against or imposed in relation to an existing or former adult business.
3.
That the building, structure, equipment and location used by the business for which an adult business use permit is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State of California, the Los Angeles County Fire Department and the City.
4.
That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City's building, zoning, fire and health and safety regulations.
5.
That the applicant is eighteen (18) years of age or older.
6.
That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area, including the provision of required parking.
7.
That the use is in conformity with the locational criteria set forth in this code.
8.
That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this code.
9.
That the proposed conduct of the adult business is in compliance with all applicable performance standards of this code.
10.
That the applicant, partnership, or corporation has not knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business use permit, or in any report or record required to be filed with the City or County.
11.
That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open.
12.
That an applicant has not been convicted of a specified criminal act for which:
a.
Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering.
b.
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
c.
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; pandering; or conviction of any such offense occurring within twenty-four (24) months prior to application.
d.
The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
e.
An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed.
B.
In the event the Commission, or the Council on appeal, denies an adult business use permit application, the business, if operating, shall cease its operations as an adult business use permit and no further activities regulated by this code shall be conducted on the premises unless and until an adult business use permit and a required adult business license is obtained.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.080 Appeals to the Council.
If an adult business use permit is denied by the Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the Council. An appeal shall be requested by a typed letter and required appeal fee to the City Clerk. If appealed, notice of the hearing before the Council shall be mailed (envelopes, stamps, mailing labels of all property owners within a one thousand (1,000) foot radius of the subject property shall be supplied by the applicant) and published in the City's official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Commission's action to deny the application. The Council shall act on the appeal during the Council public hearing. If the Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of the code and all other applicable laws and City ordinances or regulations.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.090 Performance/Development Standards.
The establishment of an adult business shall comply with the applicable site development standards of the code including the following:
A.
The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.
B.
A manager shall be on duty at all times during operating hours.
C.
No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering.
D.
If the adult business is the sole use on the lot no landscaping shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.
E.
The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director during all hours of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris and weeds.
F.
No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specified sexual activities shall be shown or exhibited so as to be visible from any exterior area.
G.
No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted.
H.
All areas of the adult business shall be illuminated at a minimum of the following footcandles, normally maintained and evenly distributed at ground level:
Area | Footcandles |
|---|---|
Adult bookstores | 20 |
Adult theaters and cabarets | 5 (except during performances, at which times lighting shall be at least 1.25 footcandles) |
Adult arcades | 10 |
Adult motels/hotels | 20 (in public areas) |
Modeling studios | 20 |
Other adult businesses | 20 |
I.
The adult business use permit and adult business license required by this chapter shall be posted at the front interior entrance and shall be kept valid/current at all times.
J.
The proposed site is adequate in size and shape to accommodate the required yards, fences, walls, parking and loading facilities, landscaping and other development features prescribed within the code.
K.
No partitions between subdivisions of a room, portion or part of a building, structure or premises, including restrooms, may have an aperture, hole, slit or other opening or gap which is designed or otherwise constructed to encourage, permit or allow sexual activity between persons on either side of the partition.
L.
The maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the Los Angeles County Fire Department and the City's Building and Safety Division.
M.
Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height above the stage or platform and shall be installed around the perimeter of the stage or platform.
N.
Any viewing room shall be directly visible from the manager's station of the adult business, and visibility of the entire viewing room from the manager's station shall be neither obscured nor obstructed by any curtain, door, wall or other structure.
O.
No adult business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this code, shall allow such business to remain open for business, or no owner, operator, manager or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of eleven p.m. and ten a.m.
P.
Off-street parking shall be provided for the adult business on-site and as specified in the code and as follows:
1.
Adult Theater, Adult Cabaret, Adult Motion Theater or Adult Arcade. One (1) parking space shall be provided for every two (2) seats in a viewing room, or one (1) parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City's Building Official and/or Fire Department, whichever standard is greater. In addition, one (1) parking space shall be provided for each employee or independent contractor on the maximum shift.
Q.
Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas shall comply with the following requirements:
1.
Upon application for an adult business use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one (1) or more manager's stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager's station(s) shall not exceed thirty-two (32) square feet of floor area.
2.
No alteration in the configuration or location of a manager's station shall be made without the prior written approval of the Director.
3.
It is the duty of the permit holder to ensure that at least one (1) employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.
4.
The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises has two (2) or more manager's stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the manager's stations. The view required in this section shall be by direct line of sight from the manager's station.
5.
It shall be the duty of the permit holder and any employees or independent contractors present on the premises to ensure that the view area specified in subsection (Q)(4) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this chapter.
R.
For adult businesses which exceed an occupant load of one hundred twenty-five (125) persons or five thousand (5,000) square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the approving authority and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City.
S.
Adult Motion Picture Theater/Adult Arcade.
1.
A manager's station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.
2.
No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained.
3.
Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.
T.
Adult Hotel/Motel.
1.
Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this chapter.
2.
A person is in violation of the provision of this code if such person rents or subrents a sleeping room at a location without an adult business license and an adult business use permit to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same room to the prior renter.
U.
No loud speaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound-absorbing insulation if required by the approving authority.
V.
No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code Section 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is:
1.
Displayed in an area from which minors are excluded; or
2.
Distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is eighteen (18) years or older.
W.
No person shall operate more than one (1) adult business under a single roof.
X.
I.D. will be checked for appropriate age (eighteen (18) years or older) before any customer is allowed in the adult business.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.100 Couch Dancing/Straddle Dancing and Other Sexual and Related Activities Are Prohibited.
For purposes of this chapter, "couch dancing" or "straddle dancing" shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.
A.
No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:
1.
To engage in a couch dance or straddle dance with a patron at the business;
2.
To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;
3.
To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;
4.
To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;
5.
To violate any provision of this chapter.
B.
No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this chapter of the code, shall:
1.
Engage in a couch dance or straddle dance with a patron at the business.
2.
Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business.
3.
Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business.
4.
Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity closer than six (6) feet from any patron.
5.
Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.m. and ten a.m.
6.
Violate any provision of this chapter.
C.
No person at any adult business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business.
D.
No person at any adult business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.
E.
No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under this section, shall appear on the premises in the nude, semi-nude or display or expose specified anatomical areas.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.110 Inspection.
An applicant or permittee shall permit representatives of the City, the Los Angeles County Health Department and the Fire Department to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.120 Suspension of Permit.
A.
The Director shall suspend a permit for a period not to exceed thirty (30) days if they determine that a permittee, or an employee of a permittee, has:
1.
Violated or is not in compliance with any section of this code; or
2.
Engaged in the excessive use of alcoholic beverages while on the adult business premises; or
3.
Refused to allow an inspection of an adult business premises as authorized by this code; or
4.
Operated the adult business in violation of a building, fire, health, or zoning statute, code ordinance or regulation, whether Federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify the permittee of the suspension; or
5.
Operated the adult business in violation of the hours of operation as permitted by this chapter; or
6.
Allowed minors (under eighteen (18) years old) to enter the adult business.
B.
The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.130 Revocation of Permit.
A.
The Director shall revoke a permit if a cause of suspension in this code occurs two (2) or more times within a twelve (12) month period.
B.
The Director shall revoke a permit upon determining that:
1.
A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a permit; or
2.
A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or
3.
A permittee or an employee has knowingly allowed prostitution on the premises; or
4.
A permittee or an employee knowingly operated the adult business during a period of time when the permittee's permit was suspended; or
5.
A permittee has been convicted of a specified criminal act for which the time period required in this chapter has not elapsed; or
6.
On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or
7.
A permittee is convicted of tax violations related to an adult business; or
8.
A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or
9.
Operating more than one (1) adult business under a single roof; or
10.
A permittee does not comply with any applicable requirements of this code; or
11.
Knowingly permitted gambling by any person on the adult business premises.
C.
When the Director revokes a permit, the revocation shall continue for one (1) year and the permittee shall not be issued an adult business use permit for one (1) year from the date revocation became effective. If, subsequent to revocation, the Director finds that the basis for revocation under this code has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this code, an applicant may not be granted another permit until the number of years required under this code has elapsed.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.61.140 Annual Compliance Letter.
The permittee shall submit an annual compliance letter (stating that adult business is in compliance with all applicable codes) to the Planning Division no less than thirty (30) days prior to the original approval date.
A.
If the permittee does not submit an annual compliance letter before the required thirty (30) days, the adult business shall cease occupancy until the compliance letter is submitted to the Planning Division.
B.
The Director shall respond to the annual compliance letter within ten (10) days of receiving the letter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.62.010 Purpose.
It is the purpose of this chapter to establish regulations for the keeping of large animals, small animals, and wild animals, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. These standards are in addition to the property development standards of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.62.020 Keeping of Large Animals.
A.
Applicability. The keeping of large animals, such as horses, cows, pigs, and similar animals as described in Chapter 8.08, is permitted as follows (except as provided in Sections 17.39.020 (Placerita Canyon Special Standards District) and 17.39.030 (Sand Canyon Special Standards District)). Unless indicated by a ratio, the number of animals permitted shall be a maximum number for each category of animals as shown below.
Minimum Lot Square Footage | Pigs | Other Large Animals |
|---|---|---|
15,000—20,000 | 0 | 3 |
20,001—25,000 | 0 | 4 |
25,001—30,000 | 0 | 5 |
30,001—35,000 | 0 | 6 |
35,001—1 acre | 0 | 7 |
Greater than 1 acre | 1 per acre | 8 per acre |
1.
Pigs are permitted as follows:
a.
They shall be located not less than one hundred fifty (150) feet from any highway and not less than fifty (50) feet from the side or rear lot lines of any lot or parcel of land.
b.
They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land, or grain.
2.
Young animals born to a permitted animal kept on the site may be kept until such animals are weaned.
3.
Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the permitted and one (1) additional animal of the type used for such purposes. A temporary use permit shall be required for any additional animals or for the inability to meet minimum development standards.
B.
A minor use permit is required for the keeping of large animals in excess of the numbers permitted by this section.
C.
Standards.
1.
Enclosure. All animals shall be properly caged or housed (kept in their corrals, barns, pens or other enclosures). All such structures shall be fenced or otherwise enclosed to adequately confine the animals. In addition, all such structures or other enclosures shall be classified as an accessory structure and are subject to the development standards of the underlying zone in which it is located. Sufficient space within such enclosures shall be provided for large animals in accordance with the Los Angeles County Department of Animal Care and Control.
2.
Maintenance. All buildings used in conjunction with the keeping of large animals including animal enclosures and all other animal keeping areas shall be maintained free from litter, garbage and the accumulation of animal excrement. All excrement produced by said large animals shall be disposed of on a regular basis so as to control flies and odor.
3.
In addition to Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to, barns, corrals, training arenas, etc., used in conjunction with the keeping of large animals shall be located a minimum of thirty-five (35) feet from any street or highway or any building used for human habitation.
4.
Failure to meet the requirements of this section shall result in the City initiating enforcement proceedings in compliance with Title 23.
(Ord. 13-8 § 4 (Exhs. A, E), 6/11/2013; Ord. 22-9 § 5 (Exh. A), 7/12/2022)
§ 17.62.030 Keeping of Small Animals.
A.
Applicability. The keeping of small animals, such as sheep, goats, dogs, rabbits, birds and similar animals as defined in Chapter 8.08, is permitted as follows. Unless otherwise stated, the number of animals permitted shall be a maximum number for each category as shown below:
Minimum Lot Square Footage | Birds (Excluding Poultry) and Rodents | Dogs1,3 | Cats1,3 | Other Small Animals2 |
|---|---|---|---|---|
Up to 15,000 | 3 | 3 | 6 | 0 |
15,000—20,000 | 9 | 3 | 6 | 3 |
20,001—25,000 | 12 | 3 | 6 | 4 |
25,001—30,000 | 15 | 3 | 6 | 5 |
30,001—35,000 | 18 | 3 | 6 | 6 |
35,001—1 acre | 21 | 3 | 6 | 7 |
Greater than 1 acre | 24 per acre | 4 | 10 | 8 per acre |
Notes: |
|---|
1 All dogs and cats shall be kept in compliance with the requirements of Title 8. |
2 Goats, sheep, miniature horses, potbellied pigs, poultry (excluding roosters) and other similar animals. Roosters shall be permitted on lots or parcels of land greater than one (1) acre in area, at a ratio of one (1) rooster per acre. |
3 Additional dogs and cats may be kept in accordance with Section 8.20.038 (Residential Dogs and Cats—Limitations). |
1.
Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (dogs—four (4) months).
2.
Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the above permitted and one (1) additional small animal. A temporary use permit shall be required for any additional animals or for the inability to meet minimum development standards.
3.
Sale of eggs, honey or similar products shall be permitted on lots or parcels of land where the keeping of such animals is permitted.
B.
A minor use permit is required for the keeping of small animals in excess of the numbers permitted by this section.
C.
Standards.
1.
Enclosure. All animals shall be properly caged or housed (kept in their corrals, barns, pens or other enclosures). All such structures shall be fenced or otherwise enclosed to adequately confine the animals. In addition, all such structures or other enclosures shall be classified as an accessory structure and are subject to the development standards of the underlying zone in which it is located.
2.
Maintenance. All buildings used in conjunction with the keeping of small animals including animal enclosures and all other animal keeping areas shall be maintained free from litter, garbage and the accumulation of animal excrement. All excrement produced by said small animals shall be disposed of on a regular basis so as to control flies and odor.
3.
In addition to Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to, barns, corrals, training arenas, etc., used in conjunction with the keeping of small animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation.
4.
All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located.
5.
Failure to meet the requirements of this section shall result in the City initiating enforcement proceedings in compliance with Title 23.
(Ord. 13-8 § 4 (Exhs. A, D), 6/11/2013)
§ 17.62.040 Keeping of Wild Animals.
A.
Applicability. The keeping of the following wild animals, as defined in Chapter 8.08, is permitted in accordance with this section:
1.
Antelopes, armadillos, badgers, beavers, camels, deer, foxes, giraffes, kangaroos, koalas, minks, ostriches, otters, peacocks, porcupines, prairie dogs, raccoons, seals, wallabies, and zebras.
2.
Other similar animals or wild animal hybrids which, in the opinion of the Director, are neither more obnoxious nor detrimental to the public welfare than the animals listed above. Animals prohibited by the State of California shall not be allowed to be kept within the City (California Code of Regulations, Title 14, Section 671).
3.
The number of animals permitted to be kept shall be determined by the Director based on the minimum square footage requirements for similar permitted animals.
B.
Standards.
1.
All structures used in conjunction with the keeping of wild animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation.
2.
All excrement produced by said wild animals shall be disposed of on a regular basis so as to control flies and odor.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.63.010 Purpose.
It is the purpose of this chapter to establish regulations for certain automotive uses within the City which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development standards of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.63.020 Car Washes.
All manual, automated self-service, and full-service car washes shall conform to the following requirements:
A.
The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, exits and openings therein shall not face any property in a residential zone, shall be adequately screened and noise buffered from the residential zone(s), and shall be screened from view from the public right-of-way, to the satisfaction of the Director.
B.
There shall be no more than one (1) driveway to any one (1) street for each development site unless modified by the Director.
C.
Except for manual car washes, a queue waiting area for incoming cars of not less than two thousand (2,000) square feet shall be provided. An area beyond the exit end of the washing equipment of not less than three thousand (3,000) square feet shall be provided for the hand finishing of the washing process.
D.
Automated self-service car washes shall have queuing/stacking space before the entrance or keypad of at least sixty (60) feet in order to accommodate a minimum of three (3) cars. These requirements may be modified subject to the approval and satisfaction of the Director.
E.
Servicing of motor vehicles, other than cleaning, polishing and the dispensing of fuel and oil shall not be allowed unless the facility also meets all requirements for a vehicle repair garage.
F.
Wash and rinse water shall be fully reclaimed and recirculated at full service car washes. Additional nonreclaimed water required to account for losses due to evaporation, or ancillary/unavoidable water loss, is permitted. The reclamation and recirculation system shall be designed by a professional engineer registered in the State of California to practice in the field of mechanical engineering.
G.
Water from washing activities shall not flow over any public sidewalk and shall be retained on site.
H.
Self-service automated car washes shall be permitted as accessory uses to automobile service stations and shall be located no closer than fifty (50) feet from a residential zone unless modified by the Director.
I.
Public restrooms shall be provided.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.63.030 Fuel Sales.
All facilities that sell gas, fuel, and/or that combine such sales with self-service automated car washes in a single location shall conform to the following requirements:
A.
Buildings shall be located close to the street and, to the extent possible, shall shield pump islands and uses on the site. Where buildings cannot shield pump islands or self-service automated car washes, landscaping and earthen berms shall be used to create a visual buffer between the fueling station and the public right-of-way, as well as adjacent properties and uses.
B.
Sale of merchandise clearly incidental to the automotive industry shall be permitted only within an enclosed building.
C.
Parking area shall not be permitted to block ingress to or egress from pump islands.
D.
There shall be no more than one (1) driveway to any one (1) street for each development site, unless modified by the Director.
E.
The outer radius of any turning area to all pump islands shall be a minimum of twenty-five (25) feet.
F.
Public restrooms shall be provided.
G.
Propane tanks are allowed as an accessory use to a fuel sales facility. The tanks shall be screened or landscaped, and set back from any right-of-way in a location that is satisfactory to the Director. Propane tanks shall be painted to match the primary building(s) on site or integrated into the surrounding landscaping. Corporate signs or color branding shall not be permitted on the tank(s).
H.
State-mandated vapor recovery equipment shall be screened from public view, landscaped, and set back from the public right-of-way, subject to the approval of the Director. The equipment shall be painted to match the primary building(s) on site or to match surrounding landscaping. Corporate signs or color branding shall not be permitted on the vapor recovery equipment.
I.
All light generated by canopy lights, parking lot lights, or other sources on site shall be focused downward to reduce glare and shall be shielded so as to prevent spillover onto adjacent properties.
J.
Drive-through lanes shall comply with the development standards and regulations set forth both in the Community Character and Design Guidelines as well as Section 17.66.030 (Drive-Through Uses).
K.
Each new gas station/fueling facility shall be designed to accommodate fuel delivery trucks on site. In no circumstance shall fuel delivery trucks block required driveways, drive aisles, or the public right-of-way in the course of routine fuel delivery.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.63.040 Tire Stores.
All tire stores shall conform to the following requirements:
A.
All repair activities must be conducted within an enclosed building. All goods and equipment shall be stored, and activities maintained or carried on, inside a building. There shall be no hoists or wheel alignment racks outside.
B.
Used tires not for sale to the general public shall be stored inside the building or shall be stored outside within a six (6) foot high masonry wall enclosure. No tires or other material shall be stacked higher than the enclosure. The enclosure shall be located in the rear portion of the property.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.63.050 Vehicle Repair Garages.
All vehicle repair garages shall conform to the following requirements:
A.
All activities shall be conducted within an enclosed building. All goods and equipment shall be stored inside a building. No hoists, wheel alignment racks, or other equipment shall be located outside of a building.
B.
Work stations used for the repair of vehicles may not be counted toward meeting the off-street parking requirement.
C.
All hazardous waste must be stored within an enclosed building or underground tank.
D.
Service bays shall not open toward residentially zoned property or the public right-of-way unless adequately screened to the satisfaction of the Director.
E.
Each lube station is required to provide a minimum three (3) car stacking area. This stacking area shall be screened from the public right-of-way to the satisfaction of the Director.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.010 Purpose.
The purpose of this chapter is to promote the economic and general welfare of the City of Santa Clarita by preserving and protecting public and private historic, cultural, and natural resources which are of special historic or aesthetic character or interest, or relocating such resources where necessary for their preservation and for their use, education, and view by the general public.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.020 Self-Designation of Historic Resources (Opt-In Clause).
The nomination of a historic resource shall be initiated by the owner of the property or structure that is proposed for designation. The owner of the property or structure shall provide the Director with written notice of the intent to be nominated. The Director shall schedule a public hearing before the Commission within sixty (60) days of the receipt of the letter as described in Sections 17.06.110 (Type II Public Noticing (Public Hearing)) and 17.06.120 (Public Hearing Procedure) at which the Commission shall be asked to make the findings set forth in Section 17.64.030 (Commission Resolution Findings for Designating a Historic Resource).
Once a property or structure has received a designation, the owner of the property or structure may apply for removal of the designation and the City may remove the designation subject to the Commission making the following findings by resolution:
A.
There is sufficient evidence, including evidence provided by the applicant, that the property retains no reasonable economic use, taking into account the condition of the structure, its location, the current market value, and the costs of rehabilitation to meet the requirements of the building code or other City, State, or Federal law.
The Commission shall designate a date up to one (1) year from the public hearing date as the date on which the designation shall be removed. The owner of the property shall reimburse the City for any financial incentives received during the entirety of the period in which their property was designated as a historic resource prior to the removal of the designation.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.030 Commission Resolution Findings for Designating a Historic Resource.
A building, structure, or object may be designated by the Commission as a historic resource if it possesses sufficient character-defining features and integrity, and meets at least one (1) of the following criteria:
A.
Is associated with events that have made a significant contribution to the historical, archaeological, cultural, social, economic, aesthetic, engineering, or architectural development of the City, State or nation; or
B.
Is associated with persons significant in the history of the City, State or nation; or
C.
Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or
D.
Has a unique location, singular physical characteristic(s), or is a landscape, view or vista representing an established and familiar visual feature of a neighborhood, community, or the City; or
E.
Has yielded, or has the potential to yield, information important to the history or prehistory of the City, State, or nation.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.040 Permit Requirements for the Renovation or Alteration of a Historic Resource.
The requirements of this chapter shall apply to the renovation or alteration of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any proposed renovation or alteration of a historic resource with the exception of those items listed in Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource). The application, public hearing and approval process for the minor use permit shall be as described in Sections 17.06.100 (Type I Public Noticing) or 17.06.110 (Type II Public Noticing (Public Hearing)), whichever is applicable per Section 17.64.050 (Actions by the Director for the Renovation or Alteration of a Historic Resource), and in Section 17.24.120 (Minor Use Permit); provided further, however, that the Council shall receive a copy of any application for such renovation or alteration at the time such application is deemed complete. There shall be no entitlement fee for the review of any proposed renovation and alteration to historic resources.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.050 Actions by the Director for the Renovation or Alteration of a Historic Resource.
The Director has the discretion to approve, approve with modifications and/or conditions, refer the matter to the Commission or deny the minor use permit for renovation or alteration to a historic resource. Notwithstanding the foregoing, the minor use permit shall instead be acted upon by the Council if any member of the Council so requests prior to any action being taken on the minor use permit application by the Director or Commission.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.060 Findings by the Director for the Renovation or Alteration of a Historic Resource.
The Director may approve a minor use permit, pursuant to this chapter, if it is determined that the following findings can be made with regard to the proposed project:
A.
Findings for Renovation or Alteration of a Historic Resource.
1.
The proposed renovation or alteration will not adversely affect any significant historical, cultural, architectural, or aesthetic feature of the subject property or of the history of the neighborhood in which it is located;
2.
The proposed change is consistent with the architectural style of the building;
3.
The scale, massing, proportions, materials, colors, textures, fenestration, decorative features and details proposed are consistent with the period and/or compatible with adjacent structures.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.070 Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource.
The Director may exempt a designated property from obtaining a minor use permit if the following actions will not affect the historic integrity of the historic resource:
A.
Routine maintenance and minor repairs;
B.
Exterior painting;
C.
Replacing deteriorated roofing materials with the same type of material already in use;
D.
Replacing damaged chimneys with the same type already in use;
E.
Addition or removal of screens, awnings, canopies and similar incidental appurtenances;
F.
Addition or removal of exterior walls and fences;
G.
Addition or removal of exterior lighting;
H.
Addition or removal of landscaping;
I.
Addition or removal of driveways and walkways;
J.
Interior alterations, including the addition or removal of fixed or movable cases, shelving and partitions not exceeding eight (8) feet in height; carpeting, hardwood or tile flooring, counters or countertops and similar finish work;
K.
Temporary motion picture, television and theater stage sets and scenery;
L.
Relocation of a privately owned, historically designated structure from a property owned by the State of California or the County of Los Angeles to another site within the City of Santa Clarita.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.080 Permit Requirements for the Relocation or Demolition of a Historic Resource.
The requirements of this chapter shall apply to the relocation or demolition of historic resources within the boundaries of the City of Santa Clarita. A minor use permit is required for any relocation or demolition of a historic resource within the City of Santa Clarita. The application, fees, public hearing and approval process for the minor use permit shall be as described in Sections 17.06.110 (Type II Public Noticing (Public Hearing)) and 17.24.120 (Minor Use Permit) with the exception that approval of the minor use permit shall be subject to both a public hearing before the Commission at which the Commission will recommend for or against the application, and a public hearing before the Council at which the Council will grant or deny the application. There shall be no entitlement fee for the relocation of any historic resource.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.090 Actions by the Council for the Relocation or Demolition of a Historic Resource.
The Council of the City of Santa Clarita has the discretion to approve, approve with modifications and/or conditions, or deny the minor use permit for relocation or demolition of a historic resource.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.100 Findings by the Council for the Relocation or Demolition of a Historic Resource.
A property or structure that has been designated a historic resource shall be relocated with the approval of the Council, after a recommendation from the Commission, based on the Council making one (1) or more of the following findings:
A.
That the owner of the property wishes to develop or redevelop their property in such a way that would otherwise require the demolition of the designated historic structure and that the designated structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation.
B.
That the relocation of the structure is necessary to proceed with a project consistent with and supportive of identified goals and objectives of the General Plan, and the relocation of the structure will not have a significant effect on the achievement of the purposes of this code or the potential effect is outweighed by the benefits of the new project and that the structure may be moved without destroying its historic or architectural integrity and importance as demonstrated by a report prepared by an expert in historic preservation/building relocation.
Upon making either finding, the Council shall direct the property owner to relocate the designated historic structure to a site within the City of Santa Clarita and approved by the Council. Such relocation may include the assistance of the developer, the City of Santa Clarita, the Santa Clarita Valley Historical Society, or other entity as appropriate. Alternatively, upon completion of appropriate environmental review, if any, and upon making the determination that relocation is infeasible and there are no feasible alternatives to demolition, the Council may direct the Building Official to issue the permit for demolition.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.110 Penalty for Demolition or Irreversible Alteration.
If a historic resource is demolished without a minor use permit as required by this chapter, no building or construction-related permits shall be issued, and no permits or use of the property shall be allowed, from the date of demolition for a period not to exceed five (5) years.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.120 Expiration and Extension.
The expiration period and the extension process of a minor use permit will apply as described in Section 17.06.230 (Time Limits and Extensions).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.130 Final Action.
The decision of the approving authority is final and effective within fifteen (15) calendar days unless an appeal is filed, in writing, in accordance with Sections 17.06.150 (Decision after Administrative Hearing or Public Hearing) and 17.06.170 (Effective Date of Decision).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.140 State and County Owned Property.
This chapter shall not apply to properties owned by the County of Los Angeles or the State of California. The owners of specific structures on properties owned by the County of Los Angeles or the State of California may nominate their structures, or otherwise have their structures nominated as historic resources. Any resulting designation will apply only to the structure, building or object and not the underlying property.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.64.150 Incentives.
In addition to any other incentive of Federal or State law, the owner of a historic resource may apply for the following incentives, subject to the discretion of the Director:
A.
Use of the California Historic Building Code. Whenever applicable, the Owner may elect to use the California Historic Building Code for alterations, restorations, new construction, removal, relocation, or demolition of a historic resource, in any case which the building official determines that such use of the code does not endanger the public health or safety, and such action is necessary for the continued preservation of the resource. Such use of the Historic Building Code is subject to construction work undertaken for resources pursuant to the Secretary of the Interior's Standards for the Treatment of Historic Properties, and that has already been reviewed and approved by the Director or Commission in conjunction with a minor use permit.
B.
Mills Act Tax Relief. The Mills Act can provide relief to the property taxes associated with properties designated as historic resources. This subsection will implement State law (Government Code Sections 50280 through 50290), allowing the approval of historic property contracts by establishing a uniform procedure for the owners of qualified historic properties within the City to enter into contracts with the City.
C.
Waiver of Fees for Renovation and Alteration of Historic Resources. There shall be no entitlement fee for the renovation or alteration of historic resources.
D.
Technical Assistance. The Community Development Department shall provide technical assistance to the owner of a historic resource regarding any proposed improvements that are not exempt under Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource); and/or
E.
Streamlined Permitting. The Community Development Department shall provide the owner of a historic resource with priority entitlement review for proposed improvements that are not exempt under Section 17.64.070 (Exceptions to Permit Requirements for the Renovation or Alteration of a Historic Resource).
F.
City of Santa Clarita Historic Structure Grant. When funds are available, owners of structures with a historic designation may apply to receive grant assistance from the City.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 21-6 § 3, 6/22/2021)
§ 17.65.010 Purpose.
It is the purpose of this chapter to establish standards for businesses that are operated out of a home, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. All home occupations shall be subject to approval of a home occupation permit and shall comply with the provisions of this chapter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.65.020 Applicability.
The following is a list of uses subject to the approval of a home occupation permit within the City:
A.
Telecommuting.
B.
Business and professional offices, excluding medical, dental, and similar uses that involve regular patient visits to the site; provided, that no retail sales transactions are made on the premises and that no employees, customers, or clients visit the site except as specifically allowed by this section. Typical examples of such general business office activities include research, report writing, bookkeeping, sending and receiving of mail, telephone calls, electronic facsimile communications and electronic communications by computer.
C.
Instruction in academia, music, voice, art, dance, or other similar activities with no more than five (5) pupils receiving instruction at any given time and no more than two (2) vehicles incidental to the home instruction.
D.
Activities associated with the work of artists, sculptors, authors and composers.
E.
Activities associated with the work of dressmakers, seamstresses, and tailors.
F.
Home crafts, such as model making, rug weaving, quilting and needlework, and wood working, limited to the uses of tools and equipment commonly available for personal residential use.
G.
Home-based direct sales distributions businesses in which sales, merchandise distribution, and product demonstrations are conducted either off site or by telephone, mail, or other electronic communication.
H.
Other uses as determined by the Director.
(Ord. 13-8 § 4 (Exhs. A, E), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015; Ord. 20-10 § 6, 12/8/2020)
§ 17.65.030 Prohibited Uses.
The following businesses shall not be operated out of a home and shall not be permitted by home occupation permits: alcohol sales, food preparation (not including home-based cottage food operations), firearm and ammunition sales and services, on-site massage therapists, hairdressers, retail sales, vehicle storage, vehicle sales and vehicle repair, vehicle dispatch (taxis, towing, etc.), furniture or cabinet making, commercial kennels, commercial stables, breeding facilities, forensic testing, the sale, cultivation, manufacturing, testing, and delivery of cannabis or products containing cannabis, and adult businesses.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015; Ord. 18-3 § 2, 4/10/2018; Ord. 20-10 § 6, 12/8/2020)
§ 17.65.040 Regulations.
Subject to approval of a home occupation permit, all home occupation businesses shall conform to the following requirements:
A.
There shall be no more than one (1) home occupation permitted for each dwelling unit.
B.
There shall be no exterior storage of materials in the conduct of a home occupation.
C.
A home occupation shall be conducted entirely within a dwelling. Materials and goods incidental to the home occupation shall not be stored, and no permanent work area, work bench or structure shall be built, within either required ten (10) foot by twenty (20) foot garage parking area.
D.
No exterior alterations of the dwellings shall be made which would change the residential character of the home to accommodate the home occupation.
E.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited.
F.
Only the residents of the dwelling unit may be engaged in the home occupation.
G.
There shall be no sale of goods on the premises.
H.
The establishment and conduct of a home occupation shall not change the principal character or use of the dwelling unit involved.
I.
No signs shall be permitted for home-based businesses.
J.
The required residential off-street parking shall be maintained.
K.
A home occupation shall not create vehicular or pedestrian traffic in excess of that which is normal for the zone in which it is located.
L.
No vehicles or trailers (including pick-up trucks and vans) or construction or other equipment, except those normally incidental to residential use, shall be kept on the site.
M.
Vehicle or engine repair shall not be permitted as a home occupation.
N.
Visitation and deliveries incidental to the home occupation shall be limited to the hours of seven a.m. to seven p.m. Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays.
O.
Businesses that incorporate food preparation, firearm sales and alcohol sales are not permitted in residential zones and are not permitted by home occupation permits.
P.
The home-based business shall cease, and the home occupation permit shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, ordinance, law or regulation.
Q.
Additional conditions may be applied as deemed necessary by the Director.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015)
§ 17.66.010 Purpose.
The purpose of this chapter is to detail specific development requirements for certain uses within the City which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development requirements of this code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.020 Alcohol Sales.
A.
Applicability.
1.
All new alcohol sales uses which offer for sale alcoholic beverages for on-site or off-site consumption shall be required to obtain a minor use permit or conditional use permit in accordance with Chapter 17.43 (Commercial Use Types), unless otherwise stated in this section, and shall comply with the provisions of subsection (B) of this section. The provisions of alcohol sales uses shall be applied to the following:
a.
Alcoholic drinking establishments;
b.
Alcohol production/storage (on-site consumption);
c.
Banquet facilities;
d.
Bars;
e.
Liquor stores;
f.
Nightclubs; and
g.
Supermarket/grocery store (on-site consumption).
2.
The following alcohol sales uses are not subject to a minor use permit or conditional use permit; however, they shall comply with the provisions of subsection (B) of this section:
a.
Alcohol production storage (no on-site consumption);
b.
Convenience store;
c.
Discount store;
d.
Drug store;
e.
Restaurants;
f.
Supermarket/grocery store (no on-site consumption); and
g.
Supermarket/grocery store and discount stores offering on-site tasting events of alcoholic beverages, pursuant to the requirements of the California Department of Alcoholic Beverage Control.
B.
Development Standards. The Director may impose conditions consistent with this code and shall require conformance with the following:
1.
The proposed use shall comply with all provisions of the requirements of the California Department of Alcoholic Beverage Control;
2.
The proposed use shall comply with all of the applicable Los Angeles County Health Department requirements;
3.
For restaurants, coffee shops, delicatessens, snack bars and similar uses which propose to sell alcoholic beverages for on-site consumption, full-menu food service shall be available at all times that alcoholic beverages are offered for sale; and
4.
Other conditions as the City deems necessary for the safe, quiet, compatible, and nuisance-free operation of the use or establishment in relation to sensitive land uses, including, but not limited to, any church, hospital, school, public playground, youth facility or residence. Other conditions may include, but are not limited to, hours of operation, noise reduction, location of outdoor seating, prohibition of customer loitering, and any additional requirements of the Sheriff's Department.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.025 Cottage Food Operations.
All cottage food operations shall be required to obtain approval of an administrative permit and shall conform to the following requirements:
A.
All cottage food operations shall comply with the requirements of the Los Angeles County Department of Public Health and the California Department of Public Health.
B.
Permitted food products that can be produced at the dwelling unit as part of the cottage food operation shall be limited to those cottage food products listed by the California Department of Public Health.
C.
Only cottage food products produced at the cottage food operation may be sold at the dwelling unit involved.
D.
Any and all equipment, utensils, food, drinks, ingredients, and items used for the cottage food operation shall be stored and used within the dwelling unit involved. No cottage food functions including storage, preparation, mixing, assembling, packaging, and/or labeling may occur in any location outside the registered/permitted area. Examples of areas that may not be used include but are not limited to yards, accessory structures of any kind, vehicles, or any other location that is not inside the living space of the home or otherwise permitted for use or storage by the Los Angeles County Department of Public Health or the California Department of Public Health.
E.
Residents of the dwelling unit and a maximum of one (1) full-time equivalent cottage food employee, not including a family or household member, may be permitted in a cottage food operation.
F.
The establishment of the cottage food operation shall not change the principal character or use of the dwelling unit involved.
G.
No exterior alterations of the dwelling unit involved shall be made which would change the residential character of the home to accommodate the cottage food operation.
H.
No signs shall be permitted for cottage food operations, except those required by government agencies.
I.
No vehicles, trailers (including pick-up trucks and vans) or other equipment, except those normally incidental to the residential use, shall be kept on the site.
J.
Visitation and deliveries incidental to the cottage food operation shall be limited to the hours of seven a.m. to seven p.m., Monday through Friday, eight a.m. to six p.m. Saturdays and Sundays, and shall not be permitted on holidays.
K.
The cottage food operation shall comply with all applicable inspection requirements.
L.
The cottage food operation shall cease, and the permit for the cottage food operation shall become null and void, when the use becomes detrimental to the public health, safety and welfare, or constitutes a nuisance, or when the use is in violation of any statute, law, or regulation.
M.
The cottage food operation shall not include the sale, cultivation, manufacturing, testing, or delivery of cannabis or products containing cannabis.
N.
Additional conditions may be applied as deemed necessary by the Director.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 18-3 § 2, 4/10/2018)
§ 17.66.030 Drive-Through Uses.
Drive-through facilities shall adhere to the following requirements:
A.
Each drive-through lane shall be separated from the circulation routes necessary for ingress or egress from the property, or access to any parking space.
B.
Each drive-through lane shall be striped, marked, or otherwise distinctly delineated.
C.
The principal pedestrian access to the entrance of the drive-through facility shall not cross the drive-through lane.
D.
All drive-through uses shall have a queuing analysis on file with the Planning Division that details the anticipated operations for the existing or proposed drive-through use. Construction and operation of drive-through uses shall comply with the queuing analysis and provide the designated vehicle stacking capacity identified in the analysis. The queuing analysis must include at least one (1) local example of the proposed use or, if none is operational in the City, the analysis must include one (1) comparable local use. However, at no time shall a proposed drive-through use provide vehicle stacking capacity any less than the following minimums:
Use | Stacking Requirements |
|---|---|
Restaurant Drive-Through (with or without seating) | Stacking for four (4) cars between the order board and the pick-up window and stacking for six (6) cars behind the order board. In no event shall a total queuing length of less than two hundred (200) feet be maintained. |
Bank Drive-Through | Stacking for five (5) cars for each window or automated teller machine. |
Drug Store Drive-Through | Stacking for three (3) cars for each window. |
Auto Uses, such as oil change facilities and similar uses | Stacking for three (3) cars free and clear of the drive aisles and parking areas. |
(Ord. 25-1 § 5 (Exhs. A, B), 5/27/2025; Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.66.040 Electrical and Cogeneration Facilities.
A.
Purpose. It is the purpose and intent of this section to regulate any electrical or cogeneration facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review the installation of new facilities or alteration of existing facilities. In addition, the intent is to regulate the appearance of such facilities to minimize any negative impacts to the community and neighboring properties.
B.
Development Standards. The Commission shall not approve an application for a conditional use permit for electric distribution substations, electric transmission substations, electric generating facilities or steam and electric cogeneration facilities unless the information submitted by the applicant and/or presented at the public hearing on the application complies with the following:
1.
The use shall utilize the best available control technology to reduce air pollution;
2.
The use shall not produce any emissions which exceed the standards established by the South Coast Air Quality Management District or has provided equivalent offsets in the Santa Clarita Valley;
3.
The use shall not operate during periods of "unhealthy" air quality in the Santa Clarita Valley, as defined by the South Coast Air Quality Management District;
4.
Noise levels from the use shall not exceed the ambient noise levels at the boundary of the proposed site;
5.
Water vapor emissions from the use shall be reduced by utilization of the best available control technology and will not significantly increase humidity at the proposed site;
6.
The use shall not emit odors which can be detected at the boundary of the proposed site;
7.
The use shall be reasonably protected from geologic hazards;
8.
The use shall not contribute to the degradation of the underlying aquifers or surface runoff;
9.
Lighting proposed for the use shall not have an adverse impact on adjacent properties;
10.
The use shall be adequately screened from surrounding properties. Any property containing a electrical or cogeneration facility shall have any associated equipment screened from view with the installation of decorative screening walls, landscaping and/or other methods as determined by the Director; and
11.
The use shall not utilize or produce hazardous materials that are not adequately protected against accidental spillage, discharge or release at or from the proposed site.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.050 Gating of Access and Roadways.
All proposed permanent gates in residential areas shall be subject to the following requirements. Temporary barriers erected for emergency response, repair or special event purposes are not subject to these requirements. Driveways, public or private roadways, or other accesses are considered roadways for the purpose of these gating requirements. Gating requirements for the Sand Canyon special standards district is provided in Section 17.39.030 (Sand Canyon Special Standards District).
A.
Public Roadways. Gating of public roadways is prohibited.
B.
Private Roadways Serving One (1) Single-Family Residence. Gating for this use is permitted subject to an administrative approval by the Director, subject to the residential development standards as defined in Chapter 17.57 (Property Development Standards—Residential).
C.
Private Roadways Serving Two (2) to Five (5) Single-Family Residential Units or Fifteen (15) Multifamily Units or Less. Gating for these uses is subject to a minor use permit and the residential and commercial gating standards outlined within this section.
D.
Private Roadways Serving More Than Five (5) Single-Family Units or More Than Fifteen (15) Multifamily Units. Gating for these uses is subject to a conditional use permit and the residential gating standards listed within this section.
E.
Commercial Property Gating. Gating of commercial property shall be subject to the review and an administrative permit; provided, that:
1.
All commercial gates meet the residential and commercial gating standards as outlined within this section;
2.
A queueing analysis demonstrates that anticipated traffic will not spill over into an existing right-of-way; and
3.
On-site parking that is open to the public is not gated.
F.
Residential and Commercial Gating Standards. Any gating proposed for two (2) or more residential units, any multifamily units, mixed use developments, or commercial/industrial property must meet the following criteria:
1.
The gate shall not block area-wide through routes or block access for roadways to serve future development.
2.
All property owners within the area to be gated shall agree to be part of the application unless all property owners within the area to be gated are members of an operative homeowners' association (HOA) or property owners' association (POA), in which case the application shall be made by the HOA or POA.
3.
Adequate stacking distance, turnaround areas, public safety elements and signing shall be included in the gate design. All gates shall meet Fire Department requirements and provide passage with unobstructed vertical clearance.
4.
Access shall be provided at all times for law enforcement, fire, City inspection, public transit, utility, landscape maintenance district, and other health and safety-related vehicles.
5.
An HOA, POA, and/or other appropriate entity shall provide for ongoing, private maintenance of internal streets, gate equipment, walls and landscaping.
6.
The gate design and implementation shall be such that it does not pose a threat to public health, safety or welfare.
7.
Gating of any property shall be consistent with the General Plan.
8.
In no instance shall a gate be less than twenty (20) feet from the public right-of-way for any major and secondary highway and residential collectors.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 22-9 § 5 (Exh. A), 7/12/2022)
§ 17.66.060 Hazardous Waste Facilities.
A.
Purpose. Hazardous waste facilities shall be subject to the provisions of this section to assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. These regulations are in addition to State and Federal regulations; in the event that a conflict with these regulations exists, State and Federal regulations shall prevail.
B.
Regulations.
1.
General Definitions. Unless otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 25110) and Section 25199.1 of the California Health and Safety Code, and as such provisions are amended from time to time.
a.
Residuals Repository. "Residuals repository" is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan.
2.
Procedures for Applications for Land Use Decisions. In addition to the procedures specified in this chapter, applications for hazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 6.5, Article 8.7 of the California Health and Safety Code (commencing with Section 25199) and as such provisions may be amended from time to time.
a.
Criteria. All hazardous waste facility projects must meet the criteria listed herein unless the Council determines that one (1) or more criteria should be relaxed to meet an overriding public need identified by the Council.
b.
Public Notice. Not later than one (1) month prior to any public hearing scheduled either by the City or the Governor's Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant.
3.
Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the Director on the forms provided by the Director, and accompanied by a filing fee as established by the Council by resolution.
4.
Standards and Criteria.
a.
Consistency with Siting Policies. All hazardous waste facility projects in the City of Santa Clarita shall be consistent with the goals and policies of the General Plan and the provisions of this section.
b.
Consistency with the General Plan. The proposed facility shall be consistent with all General Plan requirements, zoning ordinances and other planning actions or policies that were in place at the time the application was deemed complete.
c.
Changes in Real Property Values. The applicant shall fund an independent study of the effects of the facility on real property values within the City. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee.
d.
Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore, review and impose appropriate taxes, user fees and other revenue or compensation options.
e.
Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee.
f.
Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Santa Clarita and not currently being managed by a facility located in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise.
g.
Compatibility with County Hazardous Waste Management Plan. Any application shall clearly demonstrate compatibility with the portions of the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities.
h.
Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet.
i.
Compatibility of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Preservation Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled on the location of the facility.
j.
Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation.
k.
Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred (200) foot setback from a known active earthquake fault.
l.
Slope Stability. Residuals repositories are prohibited in areas of potential rapid geological change. All other facilities shall avoid locating in areas of potential rapid geological change such as fault areas, areas subject to liquefaction, subsidence and/or landslide areas unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes.
m.
Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area.
n.
Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies.
o.
Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pretreated as necessary prior to discharge into the sanitary sewer system. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge.
p.
Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field unless an effective hydrogeologic barrier to vertical flow exists.
q.
Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one (1) direction with no vertical interformational transfer of water.
r.
Proximity to Habitats of Threatened Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the applicant can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.
s.
Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value.
t.
Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California's Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.
u.
Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.
v.
Structures Fronting Truck and Transportation Routes. Facilities shall be located such that any truck or transportation route to and from State or interstate divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.).
w.
Closure and Post-Closure Plan. The applicant shall submit to the Director a written closure plan and post-closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director.
x.
Financial Responsibility. Prior to issuance of a permit to begin the use identified in the land use decision, the applicant shall submit to the City Manager proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other Federal or State agency.
y.
Indemnification. The applicant agrees to protect, defend, indemnify and render harmless the City of Santa Clarita and its Council, City Manager and all officers, employees and agents of the City against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site.
z.
General Conditions. The City may impose, as necessary, conditions and standards other than those presented in this subsection and in the General Plan, in order to achieve the purposes of this chapter and to protect the health, safety, or general welfare of the community.
aa.
Mandatory Conditions.
i.
Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry of persons, livestock or wild animals onto any portion of the facility.
ii.
Surveillance. The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility.
iii.
Fencing. Perimeter fencing shall be constructed to the satisfaction of the Director.
iv.
Signage. If not inconsistent with the requirements of other laws, signs with the legend "DANGER—HAZARDOUS WASTE AREA—UNAUTHORIZED PERSONNEL KEEP OUT" shall be posted at each entrance to the facility and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet.
v.
Reports. The owner or operator of a facility shall report quarterly to the City Engineer the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantities and types of materials placed in repositories or otherwise stored or disposed of on site.
vi.
Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Santa Clarita is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.
vii.
Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, regional, State or Federal agencies to the Director.
viii.
Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response agencies, the City Engineer and the Director. The emergency response plan and the annual updates shall detail specific procedures to be undertaken in the event of an emergency.
ix.
Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the approved site must be approved by the City through an amendment to the conditional use permit before such modifications occur at the facility.
x.
Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation plan, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the City Manager, Director, Sheriff, the Fire Chief, each hospital within twenty (20) miles and the Los Angeles County Department of Health.
xi.
Environmental Monitoring Report. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director.
xii.
Release Response Costs. The facility owner/operator shall be responsible for all costs incurred by the City of Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or en route to or from the facility.
xiii.
Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of "extremely hazardous waste," as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation.
xiv.
Duration of Land Use Decision. The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion.
xv.
Compliance Costs. All costs of compliance with this chapter shall be borne by the facility owner/operator.
xvi.
Enforcement. The City of Santa Clarita may employ any and all methods permitted by law to enforce this chapter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.070 Homeless Shelters.
The following standards apply to all homeless shelters:
A.
Homeless shelters shall maintain a maximum occupancy not to exceed 60 individuals, permitted by right. Occupancy in excess of 60 individuals may be approved subject to the issuance of a conditional use permit.
B.
Homeless shelters shall provide on-site waiting and intake areas screened from public view.
C.
The homeless shelter shall provide on-site management with security during operational hours.
D.
The homeless shelter shall be well lit during operational hours and be in conformance with Section 17.51.050 (Outdoor Lighting Standards).
E.
Homeless shelters shall be allowed to have intake between the hours of 5:00 p.m. to 8:00 p.m. or at dusk, whichever is sooner, and may discharge patrons from 8:00 a.m. to 10:00 a.m. the following day.
F.
Homeless shelters shall abide by all applicable development standards as set forth in this code.
G.
A homeless shelter shall not be located within 300 feet of another homeless shelter. Homeless shelters that are located outside of the Homeless Shelter Overlay Zone shall not be located within 300 feet of a private or public primary or secondary school, public or private parks and community centers.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020; Ord. 26-2, 4/28/2026)
§ 17.66.080 Joint Living and Working Quarters.
The following regulations are for the establishment of joint living and working quarters:
A.
Design Standards.
1.
Floor Area Requirement.
a.
A live/work unit shall have a minimum floor area deemed to be appropriate by the Director.
b.
The commercial portion of the live/work unit shall constitute between twenty-five percent (25%) to forty-five percent (45%) of the total floor area, unless otherwise approved by the Director.
c.
A ground-level live/work unit with street frontage shall devote the street frontage of the building to commercial space.
2.
Unit Access. Separate access shall be provided for the living space and the commercial space.
3.
Access Between the Live/Work Space.
a.
There shall be direct access between the working and living spaces within the live/work unit.
b.
All units shall comply with applicable handicapped accessibility requirements.
c.
On parcels where the live/work space constitutes a front and back structure, the commercial use shall occupy the front structure on the street.
d.
The work space shall not be leased separately from the living space; conversely, the living space shall not be leased separately from the working space.
4.
Occupancy and Employees.
a.
At least one (1) full-time employee of the business activity occupying the live/work unit shall also reside in the unit; conversely at least one (1) of the persons living in the "live" portion shall work in the "work" portion.
b.
The business activity occupying the live/work unit may utilize nonresident employees as necessary.
5.
Land Use. Uses shall be permitted based on the underlying zoning designation or consistent with uses traditionally found in a neighborhood commercial land use designation.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.090 Kennels.
All new kennels shall conform to the following requirements:
A.
All excrement produced by said kenneled animals shall be disposed of on a regular basis so as to control flies and odor;
B.
All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located;
C.
No animal runs, exercise areas or keeping of the kenneled animals shall be located within the required front, street side or side yards of the zone in which the site is located or within one hundred (100) feet of adjoining residences;
D.
The minimum lot size shall be two (2) acres in residential zones.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.100 Long-Term Vendors.
All new long-term vendors shall be required to obtain approval of a minor use permit. The Director may impose conditions of approval and shall not approve an application for a minor use permit unless the information submitted by the applicant substantiates each of the following requirements:
A.
If selling food, the applicant shall comply with all Los Angeles County Health Department requirements.
B.
A maximum of one (1) long-term vendor is permitted per shopping center containing a minimum of three (3) acres and five hundred (500) feet of street frontage.
C.
No long-term vendor shall be located closer than three hundred (300) feet from any public right-of-way.
D.
Long-term vendors shall only be permitted in front of anchor tenants of the shopping center in which it operates, as determined by the Director.
E.
Long-term vendors shall not be located further than ten (10) feet from the storefront facade of the anchor tenant.
F.
At the minimum, long-term vendors shall provide a five (5) gallon trash can.
G.
All equipment used for operating shall be completely removed from the premises daily. No permanent structures are permitted.
H.
Notwithstanding the provisions of Section 17.51.080(C) (General Provisions), no temporary or permanent signage is permitted.
I.
Long-term vendors shall not be placed in fire lanes, parking spaces, required setbacks or interfere with the circulation of the shopping center in which it is located.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.110 Self-Storage Facilities.
A.
Purpose. The City's intent is to limit the visibility and/or adequately design self-storage facilities along major and secondary highways to appear as a structure, or use, anticipated for the surrounding land uses.
B.
Development Standards. All new self-storage facilities shall conform to the following requirements:
1.
Self-storage facilities shall be designed and developed in a manner compatible with and complementary to existing and potential development within the immediate vicinity of the project site.
2.
Unless otherwise designed to be consistent with another building type, self-storage facilities shall be entirely enclosed by split faced or decorative, solid masonry walls, or other material as approved by the approving authority, at a minimum of six (6) feet in height.
3.
Building height shall not exceed two (2) stories and/or thirty-five (35) feet, unless it is an architectural feature having no storage capacity. Building height proposed beyond the above requirements is subject to the approval of a conditional use permit.
4.
Driveways shall have a minimum width of twenty-six (26) feet for the facility entry and fire lanes, unless additional width is required by the Fire Department. Secondary driveways shall have a minimum width of ten (10) feet.
5.
Buildings shall be designed, located and/or screened so that views of overhead doors and/or interior driveways within such facilities are not readily visible from adjacent roads.
6.
One (1) caretaker's residence shall be permitted, subject to single-family residential development standards.
7.
The applicant shall provide before and after photo simulations of the facility.
8.
Landscaping shall be incorporated into the project to screen the facility from public view to the greatest extent possible. Maintenance of the approved irrigation and landscaping shall be maintained in perpetuity.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.120 Small Wind Energy Systems.
All small wind energy systems shall conform to the following requirements:
A.
Small wind energy systems shall not be permitted on parcels of less than one (1) acre in size.
B.
Tower heights of not more than sixty-five (65) feet shall be allowed on parcels between one (1) and five (5) acres and tower heights of not more than eighty (80) feet shall be allowed on parcels of five (5) acres or more; provided, that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
C.
System towers must be set back from the property line equal to the height of the proposed system tower; provided, that it also complies with any applicable fire setback requirements.
D.
Decibel levels for the system shall not exceed the noise standards of the municipal code.
E.
The system's turbine must have been approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission's Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.66.130 Solar Panels.
Solar energy systems shall conform to the following requirements:
A.
Regulation and permitting of solar energy systems is a Class I approval in accordance with the State requirements.
B.
Review of the application to install a solar energy system shall be limited to the Building Official's review of whether it meets all health and safety requirements of local, State, and Federal law.
C.
The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety.
D.
The City reserves the right to require a minor use permit if the Building Official of the City has a good-faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety. A minor use permit is required at the discretion of the Director.
E.
The City shall not deny an application for a minor use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, meaning a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
F.
The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.
G.
The decision of the Building Official pursuant to requirement of a minor use permit or the denial of a minor use permit may be appealed to the Commission.
H.
Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.
I.
A solar energy system shall meet applicable health and safety standards and requirements imposed by State and local permitting authorities.
J.
A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation.
K.
A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(Ord. 13-8 § 4 (Exhs. A, D), 6/11/2013)
§ 17.66.135 Thrift Stores and Second Hand Stores.
All second hand, thrift, and other retail stores which accept donations are subject to the following, unless otherwise permitted by the Director of Community Development through an administrative permit:
A.
Donations may only be collected within the tenant space. Any outdoor collection areas, if permitted, must be screened from public view. The tenant space and surrounding property must be kept free of merchandise, donated items, litter, and refuse.
B.
Donations may only be collected during the approved hours of operation for the store.
C.
The donation process must be operated by store employees and all donations must be collected and received by an employee.
D.
Donations are an accessory use to the primary retail use and must be limited to ten percent (10%) of the square footage of the store.
E.
All merchandise, collected donations, and other materials must be stored entirely within the tenant space. No outdoor storage may be permitted.
F.
Metal storage containers are prohibited.
G.
Any exterior improvements, such as facade changes, striping and site design, or accessory structures related to donations and collections, are subject to the appropriate review process, including architectural design review and development review.
H.
Prior to any permit issuance, the store operator must provide a plan describing how donations will be processed, resold, and disposed of to the Director for review and approval.
I.
Donations must be managed in order to prevent any public nuisance. Any dumping at the tenant space is the responsibility of the store and must be removed immediately.
J.
All signage is subject to separate permit and must be in accordance with Section 17.51.080. The Director may require signage as needed in regards to donations, hours of operation, prohibitions of dumping, and other regulations as needed.
(Ord. 25-1 § 5 (Exhs. A, B), 5/27/2025)
§ 17.66.140 Vehicle Charging Stations (Alternative Fuels).
Vehicle charging stations (alternative fuels) that are free to the public, free of advertising, and conveniently located are encouraged in all zones. Vehicle charging stations (alternative fuels) that are free to the public but that offer limited advertising or sponsorships may be approved through the sign review process for enhanced signage; provided, that:
A.
The charging station is located on a privately owned parcel and not in the public right-of-way.
B.
The gross display area does not exceed a maximum of twelve (12) square feet per face with a maximum of two (2) faces.
C.
The charging apparatus or kiosk does not exceed eight (8) feet in height or a total of twenty-four (24) square feet per face, including the display area.
D.
Only the names of up to two (2) sponsoring businesses per face, along with incidental signage related to the charging station owner, shall be allowed on a charging station itself.
E.
No-cost alternative fuel vehicle charging shall be available at all times while advertising or sponsorship information is displayed. Should the charging station become inoperative, sponsorship displays shall be removed within fourteen (14) calendar days.
F.
At no time shall individual items or services for sale be displayed.
G.
No flashing or moving displays are allowed.
H.
The charging apparatus shall be removed within thirty (30) days of permanent cessation of public charging.
These provisions listed above shall only apply to alternative fuel vehicle charging stations that are free to the public. Advertising or sponsorship language shall not be allowed for charging stations that require a fee, subscription, or that otherwise charge for alternative fuels.
(Ord. 15-11 § 5 (Exh. A), 12/8/2015)
§ 17.67.010 Purpose.
It is the purpose of this chapter to establish standards for temporary uses, which have characteristics and performance requirements that are not covered by the property development requirements of the zones. All temporary uses shall comply with the provisions of this chapter.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.67.020 Applicability.
Temporary uses may be allowed for permitted or conditionally permitted uses, subject to approval of a temporary use permit or conditional use permit. Temporary uses may include short-term and extended-term special events, as established in Section 17.23.200 (Temporary Use Permit).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.67.030 Regulations.
Subject to approval of a temporary use permit, the following temporary uses are permitted and shall conform to the following requirements:
A.
Circuses, carnivals, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five (5) calendar days of operation in any calendar year.
B.
Christmas tree sales lots, Halloween pumpkin sales, and other holiday sales operations, shall be allowed with a temporary use permit, subject to the following requirements:
1.
Hours of operation shall be limited to eight a.m. to ten p.m., unless modified by the Director;
2.
Operators shall obtain all applicable permits. This includes, but is not limited to, all City departments such as Building and Safety; and all other governing agencies such as Los Angeles County Fire, Health and Safety and Business Licensing Departments;
3.
Operation shall comply with the City's noise ordinance;
4.
Operator shall remove all debris within fifteen (15) days after the end of the holiday;
5.
No permanent signage shall be approved, constructed or installed;
6.
All temporary lighting shall be directed downwards and away from neighboring properties;
7.
No permanent structures shall be erected as part of a holiday sales operation;
8.
Operation of a Christmas tree or pumpkin sale lot is limited to a length of forty-five (45) days per event with a maximum of two (2) events per calendar year;
9.
Parking shall be provided at the rate of one (1) space for every two thousand (2,000) square feet of lot area used for seasonal merchandise;
10.
All green waste from the holiday sales operations, including pumpkins, wreaths, Christmas trees and tree cuttings, shall be composted or disposed through the City's trash hauler using green waste containers. Any additional waste shall be disposed of in a City-approved manner;
11.
Any temporary signage must be approved by the Director prior to installation; and
12.
One (1) full-time on-site caretaker in a recreational vehicle is permitted during the operation of a Christmas tree or pumpkin sales lot.
C.
Subdivision sales offices and model home complexes located within the subdivision may be allowed with a temporary use permit, subject to the following minimum requirements:
1.
Offices shall be no closer than one (1) vacant lot to an existing dwelling unit not part of the subdivision; trailers may be used for no more than ninety (90) calendar days or until such time as the subdivision sales offices have been completed, whichever is less;
2.
A paved parking lot with surrounding landscaping shall provide sufficient parking spaces to accommodate said use;
3.
Offices shall be allowed for a maximum of two (2) years or until ninety percent (90%) of the homes within the subdivision are sold, whichever is less;
4.
Faithful performance bonding in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities shall be required; and
5.
Other conditions that the Director deems necessary to assure that the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood.
D.
Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas, or landscaped areas, subject to not more than eight (8) calendar days of display in any calendar year. Such displays are permitted in residential yards without Director approval.
E.
Outdoor art and craft shows and exhibits, subject to not more than three (3) calendar days of operation or exhibition in any sixty (60) calendar day period.
F.
Contractors' offices and storage yards on the site of an active construction project.
G.
Mobilehome residences for security purposes on the site of an active construction project.
H.
Outside display or sales of goods, equipment, merchandise, or exhibits, in a commercial, mixed use, or industrial zone; provided, that:
1.
The display or sales shall not be conducted more than once during any thirty (30) day period nor more than four (4) times during any twelve (12) month period;
2.
Each occurrence of display or sale shall not exceed one (1) weekend or three (3) consecutive calendar days;
3.
All goods, equipment and merchandise shall be the same as those sold, or held for sale, within the business on the lot where the outside display and sales are proposed;
4.
Not more than twenty percent (20%) of the area designated for parking, as required by this code for the established business, shall be used in connection with the outside display or sales; and
5.
This provision shall not permit the outside storage of goods, equipment, merchandise, or exhibits except as otherwise may be provided by this code.
I.
Seasonal retail sale of agricultural products (fruit and vegetable stands) for periods of less than ninety (90) days.
J.
Temporary use of properly designed mobile trailer units for classrooms, offices, bands, etc., for periods not to exceed ninety (90) days subject to approval of the Director. Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit by the approving authority.
K.
Drop-off bins for recycling of cans, newspapers, or similar items, for drop-off of clothes and small items are prohibited.
L.
Carnivals, exhibitions, fairs, farmer's markets, private party vehicle sales, religious services, festivals, pageants, and religious observances on property owned by or held under the control of the City or other government agency shall not require a temporary use permit. The City department or other government jurisdiction which owns or controls the property may assume jurisdiction and approve the special event subject to limitations and conditions as are deemed appropriate by said City department or governmental jurisdiction.
M.
Garage and yard sales shall not require a temporary use permit, but shall be subject to the following:
1.
All materials or goods sold must be the personal property of one (1) of the persons conducting the sale;
2.
They shall be conducted only on residential premises occupied by one (1) of the persons conducting the sale;
3.
No more than three (3) garage or yard sales shall be permitted at one (1) residential location in any calendar year. Each garage or yard sale shall not exceed three (3) consecutive days;
4.
Such sales shall not be conducted before eight a.m. or after six p.m.; and
5.
Garage and yard sale signage shall be subject to the provisions of Section 17.51.080 (Sign Regulations (Private Property)).
N.
The temporary, seasonal use of portable, metal storage containers shall be permitted for a period of time not to exceed ninety (90) days. Requests for such uses of more than ninety (90) days in duration shall require the approval of a minor use permit.
O.
Short-term events sponsored by a public agency or a religious, fraternal, educational or service organization directly engaged in civic, charitable, or public service endeavors. This provision shall not include outdoor festivals and tent revival meetings.
P.
Short-term special events shall be conducted subject to limitations and conditions as deemed appropriate by the Director during any twelve (12) month period, except where an extended time period is approved pursuant to Section 17.23.200(B)(2) (Extended-Term Temporary Use Permit).
Q.
"Weekend" in this chapter means Saturday and Sunday; national holidays observed on a Friday or Monday may be included.
R.
Other temporary uses as determined by the Director that do not exceed one (1) year in duration and do not require the construction of any permanent structures.
S.
Temporary uses in excess of one (1) year, but less than five (5) years, will be subject to a Class IV extended-term temporary use permit, pursuant to Section 17.23.200(B)(2) (Extended-Term Temporary Use Permit).
T.
Temporary uses and/or events involving the sale, cultivation, manufacturing, testing, or delivery of cannabis or products containing cannabis are prohibited.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 18-3 § 2, 4/10/2018; Ord. 22-9 § 5 (Exh. A), 7/12/2022)
§ 17.68.010 Purpose.
It is the purpose of this chapter to establish regulations for applications for cluster developments, density bonuses, and transfer development rights. These standards are in addition to the property development standards of this code unless, where applicable, they are superseded by those standards to provide for these types of development.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.68.020 Cluster Developments.
A.
Purpose. The purpose of this section is to minimize the disruption of natural resources and major physiographic features, preserve land as permanent open space by encouraging innovative development alternatives, and/or create opportunities for parks and other recreation facilities that would not otherwise be feasible under traditional development standards.
B.
Conditions. In conjunction with the submittal of an application for a tentative map, an applicant may submit an application for a conditional use permit to allow for a cluster development. In approving a conditional use permit for a cluster development, the approving authority shall impose conditions pertaining to the following:
1.
Preservation of Commonly Owned Areas.
a.
The approving authority shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners' association, maintenance district or other appropriate means or methods to ensure to the satisfaction of the approving authority the permanent reservation and continued perpetual maintenance of required commonly owned areas.
b.
As a means to further ensure the reservation of commonly owned areas, the approving authority shall also require that where lots or parcels of land are sold or are otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. Such undivided interest shall include either:
i.
An undivided interest in the commonly owned areas; or
ii.
A share in the corporation or voting membership in an association owning the commonly owned area.
2.
Dwelling Unit Type. The approving authority shall require that all dwelling units be single-family residences unless a multifamily development is requested and approved.
3.
Location, Separation and Height of Buildings. The approving authority shall impose conditions as it deems necessary to govern the location, separation and height of buildings to ensure compatible placement on the proposed site and with relationship to the surrounding area.
C.
Additional Conditions. In addition to the conditions listed above, the approval authority may impose conditions pertaining to the following:
1.
Location of Automobile Parking Facilities. Where the approval authority determines that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel; provided, that such parking facility is:
a.
In full compliance with all other provisions of Section 17.51.060 (Parking Standards); and
b.
Located on a separate lot or parcel of land under common ownership; and
c.
Conveniently located and easily accessible to the dwelling it is intended to serve; and
d.
No greater than two hundred (200) feet from the residence it is intended to serve.
2.
Architecture. The approving authority may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property.
3.
Yards/Lot Size. The approving authority may modify any or all yard and lot size requirements of the basic zone wherein a cluster development is proposed. In reaching its determination to modify these requirements and to what extent, the approving authority shall base its decision on whether such modification will:
a.
Encourage design features promoting amenities equal to or better than a development plan incorporating required yards and minimum lot size; and
b.
Assist in integrating the proposed development in relation to its location on the site and its relationship to the surrounding area.
Nothing in this subsection shall be construed to prohibit imposition of yards and lot sizes exceeding the minimum provided in the zone.
4.
Landscaping. The approving authority may require a plan for the landscaping of any or all parts of the development submitted to and approved by the approving authority in order to ensure that the development will be complementary to and compatible with the uses in the surrounding area.
5.
Utilities. The approving authority may require the applicant to submit and be made a condition of approval for a cluster development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 20-10 § 6, 12/8/2020)
§ 17.68.030 Density Bonus Requirements.
A.
A density bonus shall be available consistent with the requirements of Government Code Section 65915 and sections amendatory or supplementary thereto. Any applicant for a density bonus shall make such application on a form approved by the Director at the time of submitting any entitlement application for the development for which a density bonus is requested. The application shall include, at a minimum, the following information:
1.
A description of how the proposed project meets the criteria for a density bonus under Government Code Section 65915;
2.
What concession(s), if any, are requested by the applicant;
3.
An explanation of how the requested concession(s) are necessary to provide for affordable housing costs;
4.
Whether a parking reduction is requested;
5.
A depiction of the intended use or location of the density bonus housing within the proposed development.
B.
As required by Government Code Section 65915 and sections amendatory or supplementary thereto, the Director shall require an instrument recorded against title, enforceable by the Director, to ensure the continued affordability of the affordable units within a project receiving a density bonus. Such instrument may include, but is not limited to, an equity sharing agreement, an affordability covenant, a deed of trust, a development agreement, or some combination thereof at the discretion of the Director; provided, that such instrument(s) does not unreasonably restrict title of any of the units and/or does not make the project economically infeasible.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.68.040 Transfer Development Rights Program.
A.
Purpose. The purpose of the transfer development rights (TDR) program is to transfer development rights from an appropriate sending site to an appropriate receiving site within the General Plan area, on a voluntary basis. These provisions are intended to supplement land use regulations, resource protection, open space acquisition, and to encourage increased residential and commercial land use densities in areas where infrastructure, especially public transportation, is readily available, subject to the issuance of a conditional use permit per Section 17.25.100 (Conditional Use Permit). Final action by the Council will be required for the approval of a TDR request.
B.
Requirements. A TDR program shall include a sending site which is a parcel, or parcels for which land use densities are relinquished, and transferred, to a receiving site which can accept the relinquished density.
1.
Sending Site Criteria. The sending site can be located in either the City or unincorporated Los Angeles County that is designated as open space, open space—National Forest, open space—Bureau of Land Management, or any non-urban designated land within a significant ecological area (SEA) on the City's General Plan land use map. In addition, any area that is considered an agricultural resource or other site acceptable to the approving authority can be considered.
2.
Receiving Site Criteria. The receiving site shall be located in the City and designated as mixed use, community commercial, or regional commercial land on the City's General Plan land use map. In addition, any area that is considered a transit oriented development, an underutilized infill site or other site acceptable to the approving authority. The receiving site shall not be a site subject to Sections 17.23.130 (Hillside Development Review).
C.
Findings. In addition to the findings required in Section 17.25.100 (Conditional Use Permit), the following findings shall also be met:
1.
The sending site contains unique natural or cultural features, allows for a higher-level resource management, the preservation of agricultural lands or allows the acquisition of open space.
2.
The receiving site shall be located with access to, or in close proximity of, all the needed infrastructure including, but not limited to, public transportation, schools and commercial services.
D.
Conditions. In addition to the conditions required in Section 17.25.100 (Conditional Use Permit), the following condition shall also be required:
1.
The development rights of the sending site shall be transferred to the City either through dedication of the site, a public use and access easement or other method acceptable to the Council to ensure that the site remains open space. In the case of an agricultural sending site, the easement shall allow for the continuation of agricultural operations.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.69.010 Purpose.
It is the purpose and intent of this chapter to regulate wireless communications facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review and construct public wireless communications facilities in the City, thereby reducing or eliminating any adverse effects from such facilities. The provisions of the chapter have neither the purpose nor effect of imposing a limitation or restriction on the activity nor the operation of such facilities. However, regulating the aesthetics of wireless communications facilities is a core objective.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.69.020 Exemptions.
A.
Notwithstanding the other provisions of this chapter, the following uses shall be exempt from the provisions of this chapter until such time as Federal regulations are repealed or amended to eliminate the necessity of the exemption:
1.
Any antenna structure that is one (1) meter (thirty-nine and thirty-seven-hundredths (39.37) inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; and
2.
Any antenna structure that is two (2) meters (seventy-eight and seventy-four-hundredths (78.74) inches) or less in diameter, is designed to transmit or receive radio communication by satellite antenna, and is located in commercial or industrial zones within the City; and
3.
Any antenna structure that is one (1) meter (thirty-nine and thirty-seven-hundredths (39.37) inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, as defined by Section 207 of the Telecommunications Act of 1996 and Section 1.400 of Title 47 of the Code of Federal Regulations; provided, that no part of the antenna structure extends more than twelve (12) feet above the principal building on the same lot.
B.
The following uses shall be exempt from the provisions of this chapter at all times; provided, that structures meet the setback requirements of the underlying zone:
1.
Any antenna structure that is designed to receive over-the-air UHF and/or VHF television broadcast transmission.
2.
Any antenna structure that is designed to receive over-the-air AM and/or FM radio broadcast transmission.
3.
Any antenna structure that is used by authorized amateur radio stations licensed by the Federal Communications Commission.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.69.030 Development Standards (All Property Other Than City Right-Of-Way).
All wireless communications facilities which are installed, erected, or modified following the effective date of the ordinance codified in this chapter (besides those exempted in Section 17.69.020 (Exemptions)) shall conform to the following requirements:
A.
General Wireless Communications Facilities Standards.
1.
Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
2.
No permittee shall unreasonably restrict access to an existing antenna location if required to co-locate by the City, and if feasible to do so.
3.
All antennas shall be designed to prevent unauthorized climbing.
B.
Aesthetic and Screening Standards.
1.
All facilities shall be screened from public view by landscaping to the extent possible.
2.
Public wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening.
3.
All building and roof-mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and located to minimize visual impacts.
4.
All antennas and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they are attached and/or located. If ground-mounted, the antenna and support structure shall be painted, textured, landscaped or otherwise camouflaged as much as possible to integrate the structure into the environment.
5.
All accessory equipment associated with the operation of the public wireless communication facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. If the equipment is to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view.
6.
Wireless communications facilities shall have subdued colors and nonreflective materials which blend with surrounding materials and colors.
7.
All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture and/or materials of the building.
8.
All electrical support equipment located within cabinets, shelters or similar structures shall be screened from public view with lattice, vegetation, grading or other appropriate screening. Roof-mounted electrical support equipment shall be concealed.
9.
The placement of new antennas and facilities shall not be physically obstructive or visually intrusive.
10.
All ground-mounted facilities shall be designed to be consistent with the design, color and environmental aesthetics in the area where they are located to mitigate visual impacts.
C.
Siting Standards.
1.
Antennas may be located on existing utility poles provided the antennas do not exceed the height of the utility pole.
2.
All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.
D.
Noise Standards.
1.
Within residential zones and properties adjacent to residential zones, sound proofing measures shall be used to reduce noise caused by the operation of wireless facilities and all accessory equipment to a level which would have a no-net increase in ambient noise level.
2.
All wireless communications facilities and accessory wireless facility equipment shall comply with the applicable provisions of the City's noise ordinance.
E.
Development Guidelines. Public wireless communications facilities should conform to the following development guidelines unless the approving authority determines, in its discretion, that sufficient justification exists to the contrary:
1.
Co-located with other public wireless communications facilities;
2.
On existing structures such as buildings, communication towers, church steeples and utility facilities;
3.
Stealth facilities, flush-mounted and concealed antennas should be used whenever possible;
4.
In industrial/business park zoning districts;
5.
In commercial zoning districts;
6.
No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use unless a conditional use permit is approved. Co-located facilities shall be subject to a minor use permit;
7.
Ground-mounted facilities should be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, water tanks and in areas where they will not detract from the image of the City;
8.
Major public wireless communications facilities are encouraged to locate beyond five hundred (500) feet of any existing, legally established major public or private wireless communication facility except when co-located on the same building or structure;
9.
Applicants proposing new wireless telecommunications facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to co-locate the proposed facility on an existing facility, or antenna-mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include information on lack of existing towers in the area, topography, frequency or signal interference, line of site problems and available land zoning restrictions as applicable;
10.
All new wireless communications facilities shall be designed to accommodate co-location, when feasible.
a.
Co-location shall occur in a competitively neutral and nondiscriminatory manner.
b.
No more than three (3) wireless communications facilities may co-locate at a single site unless the approving authority finds:
i.
The net visual effect of locating an additional facility at a co-location site will be less than establishing a new location; or
ii.
Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility;
11.
In order to encourage co-location of wireless telecommunications facilities and maintain community aesthetics, applicants for conditional use permit or to install a tower or antenna mounting structure at the time of original application submittal may request subsequent applicants to be co-located on the same facility. Should the applicant make such a request, the following shall be provided:
a.
Documentation identifying the total capacity of the structure, including the number and type of antennas that can be accommodated over the life of the project,
b.
Written statement of willingness to lease space on proposed support structure to other uses,
c.
Reciprocal access agreement for accessory facilities, including but not limited to, poles, towers, parking areas, access roads, utilities and equipment buildings.
Upon approval of a conditional use permit by the approving authority, the Director may approve a subsequent request to co-locate on the same facility as a minor use permit where no increase in height is proposed. Unless the facility is located in a residential zone or within five hundred (500) feet of a lot containing a residential structure or use, which shall require a conditional use permit;
12.
Facilities that mimic building architecture (church steeples, clock towers, tented windows, building treatments) in their immediate vicinity are encouraged;
13.
Monopoles, monopalms, monopines and similar facilities are discouraged.
F.
Co-Locations and Modifications on All Property Other Than City Right-of-Way. For the purpose of proposed co-locations and modifications, a "substantial change" shall mean any of the following as applied to an existing wireless communications facility on all property other than City right-of-way.
1.
Wireless Tower.
a.
Height.
i.
The proposed co-location or modification would increase the height by more than ten percent (10%) of the height of the existing wireless tower; or
ii.
The height of one (1) additional antenna array would be more than twenty (20) feet above the height of the nearest existing antenna (whichever is greater).
b.
Width.
i.
The proposed co-location or modification would protrude from the edge of the tower more than twenty (20) feet; or
ii.
The proposed co-location or modification would protrude more than the width of the tower structure at the level of the appurtenance (whichever is greater).
2.
Base Station.
a.
Height. The proposed co-location or modification would increase the height of the base station more than ten percent (10%) or ten (10) feet (whichever is greater) above the originally approved height.
b.
Width. The proposed co-location or modification would protrude from the edge of the originally approved structure by more than six (6) feet.
3.
The proposed co-location or modification would involve more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) equipment cabinets.
4.
A proposal that includes excavation or deployment of equipment outside the current wireless communications facility site, except that, for towers other than towers in the public right-of-way, it entails any excavation or deployment of transmission equipment outside the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (30) feet is measured excludes any access or utility easements currently related to the site. For the purposes of this provision, "outside of the current wireless communications facility site" means:
a.
Outside the boundaries of the controlled, leased or owned property surrounding the wireless tower and base station and any access or utility easements related to the site as shown on the approved plans with respect to a facility outside of a public right-of-way; and
b.
Outside the proximity of the footprint of the existing ground-mounted transmission equipment with respect to a facility that extends into the public right-of-way.
5.
A proposal to alter or expand the exterior of any wireless communications facility or base station that was originally approved as stealth or camouflaged that defeats the originally approved stealth or camouflaged design elements. For the purposes of this provision, the term "defeat" means to change a stealth or camouflaged wireless communications facility in such a manner so that it may no longer be considered stealth or camouflaged.
6.
The proposed co-location or modification would violate an existing condition of approval, unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, new excavation, or aesthetic change that does not exceed the corresponding "substantial change" thresholds identified in subsections (F)(1) through (5) of this section with respect to a wireless tower or base station.
7.
Any proposed co-location or modification that would constitute a "substantial change" under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as it may be amended, as such term is defined or interpreted by any rule, order, ruling, or other decision of the FCC or decision of a court with jurisdiction over the area of the City.
8.
A proposal that would prevent or obstruct full implementation of the City's standard street or parkway sections.
9.
A proposal that would alter required access, parking, or landscaping from that shown on the approved site plans.
10.
A proposal to replace the wireless tower or foundation.
11.
A proposal to alter the width, bulk, or arrangement of a wireless communications facility that may violate any law, rule, regulation, or other requirement intended to protect public health and safety.
(Ord. 25-1 § 5 (Exhs. A, B), 5/27/2025; Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015)
§ 17.69.035 Development Standards (City Right-of-Way).
All wireless communications facilities which are installed, erected, co-located, or modified within City right-of-way following the effective date of the ordinance codified in this chapter (besides those exempted in Section 17.69.020 (Exemptions)) shall conform to the following requirements:
A.
General Wireless Communications Facilities Standards.
1.
Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.
2.
No permittee shall unreasonably restrict access to an existing antenna location if required to co-locate by the City, and if feasible to do so.
3.
All antennas shall be designed to prevent unauthorized climbing.
4.
All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.
B.
Wireless Communications Facilities within City Right-of-Way. The following procedures and design standards shall be required for issuance of a public works encroachment permit for the installation of wireless telecommunications facilities within City right-of-way. These criteria are intended to guide and facilitate applicants in locating and designing facilities and supporting equipment in a manner that will be compatible with the purpose, intent, and goals of this section. It is the intent of the City to use its time, place, and manner authority to protect and preserve the aesthetics of the City and the health and safety of pedestrians and occupants of vehicles in City right-of-way. However, any wireless telecommunications facility subject to the City Council adopted Small Wireless Facilities Policy[1], for the regulation of small wireless facilities and other infrastructure deployments within the City right-of-way, shall be subject to the provisions of the adopted Policy and any future revisions.
1.
Permit and Insurance Required. Installation of wireless communications facilities within City rights-of-way will be permitted subject to issuance of an encroachment permit and payment of applicable permit fees. The City Engineer or his designee will review and approve encroachment permit applications from carriers which hold a Certificate of Public Convenience and Necessity (CPCN) from the California Public Utilities Commission (CPUC), subject to the criteria contained in this section. A certificate of general liability insurance and commercial automobile liability insurance in a form and amount acceptable to the City must be submitted prior to issuance of the permit, and maintained for as long as the facilities exist within the City right-of-way.
2.
Design Standards.
a.
Location. Facilities may be located on major highways, secondary highways, limited secondary highways, collector streets or local streets with no direct residential access, as defined by the General Plan. Facilities shall be prohibited within two hundred fifty (250) feet of any parcel of land zoned or used for residential habitation and shall not be permitted on any local street or local/collector street within a residential area which provides direct residential driveway access unless location of a facility on private property is not feasible to address a demonstrated significant gap in coverage. Encroachment permits will not be issued for proposed facilities which:
i.
Conflict with existing utilities;
ii.
Interfere with traffic visibility;
iii.
Result in vehicular access problems;
iv.
Result in a safety hazard;
v.
Interfere with existing or future City use of the right-of-way; and
vi.
Are inconsistent with Americans with Disabilities Act accessibility requirements or any other State or Federal law, code, or regulation.
b.
Undergrounding of Equipment. To preserve community aesthetics, all facility equipment, excluding antennas, above ground vents, and the smallest possible electrical meter boxes, shall, to the greatest extent possible, be required to be located underground, flush to the finished grade, shall be fully enclosed, and not cross property lines. Equipment may include, but is not limited to, the following: meter pedestals, fiber optic nodes, radio remote units or heads, power filters, cables, cabinets, vaults, junction or power boxes, and gas generators. Wherever possible, electrical meter boxes related to wireless communications facilities shall be appropriately screened, not visible to the general public, and located in less prominent areas within the public right-of-way. Where it can be demonstrated that undergrounding of equipment is infeasible due to conflict with other utilities, the City Engineer may approve alternative above-grade equipment mounting, including pole mounting as described in subsection (B)(3)(g) of this section, when adequately screened from public view. Any approved above-grade equipment must be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians or motorists.
c.
Within residential zones, and properties adjacent to residential zones, sound proofing measures shall be used to reduce noise caused by the operation of wireless communications facilities and all accessory equipment to a level which would have a no-net increase in ambient noise level.
3.
Antennas and Other Pole-Mounted Equipment. Antennas located above ground on an existing joint utility pole, as defined by CPUC General Order 95 Section II, shall conform to the following criteria:
a.
Facilities installed on existing utility poles or street lights shall be appropriately scaled and aesthetically designed such that the new facility is not substantially larger, more obtrusive, or more readily visible than the existing facilities or utility devices affixed to utility poles in the immediate vicinity of the proposed installation.
b.
No more than one (1) antenna array may be attached to a utility or street light pole unless it is a co-location.
c.
An antenna enclosure attached to a utility or street light pole shall be cylindrical in shape, and shall not have a diameter greater than thirty-six (36) inches, or the width of the pole, whichever is greater.
d.
An antenna enclosure shall be attached directly to the top of the pole or mounted around the main pole circumference. Antenna enclosures shall not be mounted perpendicular to the main pole structure and shall not be mounted on cross members or outrigger structures extending from the main pole.
e.
Antennas may not exceed six (6) feet above the pole tip height, unless additional separation is required for conformance with CPUC General Order 95 clearance requirements.
f.
No portion of the antenna or transmission equipment mounted on a pole may be less than sixteen (16) feet above any road surface.
g.
Pole-mounted equipment, other than the antenna, may not exceed six (6) cubic feet in volume and must be compatible in structure, scale, color and proportion to the existing street light or utility pole equipment.
h.
No new poles may be installed except as replacements for existing poles.
i.
No poles may be installed on a public right-of-way where there are presently no overhead utility facilities unless the CPUC has authorized the applicant to install such facilities and the applicant demonstrates that no other feasible options exist.
j.
All wireless communications facilities mounted on a utility pole must comply with CPUC General Order 95, as it may be amended.
k.
All facilities may only have subdued colors and nonreflective materials that blend with the surrounding area.
l.
Conduits shall not be exposed and must be concealed within the support pole.
[1]
Editor's Note: Small Wireless Facilities Policy is included as an attachment to this title.
C.
Additional Modification Standards. The following additional development and design standards apply to co-location and modifications to existing wireless communications facilities:
1.
The co-location of facilities, and support equipment, located in the public right-of-way, shall be disfavored if that co-location substantially changes the physical dimensions of the facility or if the co-location reduces the existing camouflage or does not match the existing facility. For the purposes of this section, a substantial change in the physical dimensions of a wireless tower or base shall be measured against the wireless tower or base station as originally approved. The intent of this provision is to disfavor serial changes that cumulatively constitute a substantial change to the physical dimensions of the wireless communications facility.
2.
The modified facility must comply with all applicable approvals and conditions of the permit for the host wireless communications facility.
3.
The stealth or camouflage techniques approved and used for the existing wireless communications facility must be extended to all proposed new transmission equipment.
(Ord. 15-11 § 5 (Exh. A), 12/8/2015; Ord. 19-10 § 7 (Exh. B), 11/26/2019)
§ 17.69.040 Abandonment.
Lawfully erected public wireless communications facilities that are no longer being used shall be removed from the premises no later than ninety (90) days after the discontinuation of use. A public wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements.
A.
A written notice of the determination of abandonment shall be sent or delivered to the operator of the public wireless communication facility and the property owner. The operator shall have thirty (30) days, from the date of the notice, to remove the facility or provide the Director with evidence that the use has not been discontinued.
B.
All facilities determined to be abandoned and not removed within the required thirty (30) day period from the date of notice shall be in violation of the code, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of the code.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
§ 17.69.050 Additional Submittal Requirements.
A.
As part of the application process, applicants for wireless communications facilities shall be required to provide a master plan that identifies the location of the proposed facility and all existing and potential facilities maintained by the applicant within the City of Santa Clarita.
1.
The master plan shall reflect all potential locations that are anticipated for system build-out within a minimum of one (1) year with application submittal.
2.
Applicants shall update master plans with every application while wireless telecommunications facilities are owned or operated within the City of Santa Clarita.
B.
As a part of the application submittal, applicants for a wireless communications facility shall be required to submit a radio frequency emissions study and confirmation that proposed facility will meet Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency (EMF) emissions.
C.
As part of the application submittal, applicants for a wireless communications facility shall be required to submit a minimum of three (3) photo simulations from various locations in the proposed project's vicinity, depicting the existing view and proposed changes to the visual environment.
D.
As part of the application submittal, applicants for a wireless communications facility shall be required to submit propagation maps, depicting the existing and proposed cellular reception coverage at and around the project site.
E.
As part of the application process, applicants for public wireless communications facilities shall be required to provide written documentation demonstrating a good faith effort to locate facilities in accordance with the development guidelines (Section 17.69.030(E) (Development Standards)).
(Ord. 13-8 § 4 (Exh. A), 6/11/2013; Ord. 15-11 § 5 (Exh. A), 12/8/2015)
§ 17.69.060 Satellite Dish Antennas.
Satellite dish antennas shall conform to the following requirements:
A.
The height of dish antennas shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the point of mounting if roof-mounted.
B.
All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone.
C.
Architectural review shall be required for all dish antennas in excess of six (6) feet in diameter and/or height.
D.
In commercial, industrial and business zones dish antennas may be roof-mounted or ground-mounted. In either case, all dish antennas located within these zones, regardless of height or diameter, shall be screened from (1) on-site parking areas, (2) adjacent public streets and (3) adjacent residentially zoned property. Roof-mounted dish antennas shall be screened architecturally, while ground-mounted dish antennas shall be screened architecturally or with landscaping.
(Ord. 13-8 § 4 (Exh. A), 6/11/2013)
