PROCEDURES

This chapter shall be known by short title as the "Zoning Ordinance of the city."

('64 Code, § 10.00)

(A)

The purpose of this chapter is to serve the public health, safety, comfort, convenience and general welfare by establishing land use districts designed to obtain the economic and social advantages resulting from planned use of land, and by establishing those regulations of the use of land and improvements within the various districts which are necessary to insure that the growth and development of the city shall be orderly and proper for the maximum benefit of its citizens.

(B)

The purpose of §§ 155.385 through 155.598 of this chapter shall be to set forth those provisions of a general nature which apply to uses in all zone classifications. It shall also be the purpose of §§ 155.385 through 155.598 to set forth standards and conditions which shall apply to various uses and terms wherever found in this chapter. In the event of any uncertainty or conflict with other requirements of this chapter, the provisions of §§ 155.385 through 155.598 of this chapter shall govern.

('64 Code, § 11.00; '64 Code, § 50.00)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Abut or Abutting. The same as "adjoining."

Access. The place or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.

Accessory Building. A building or structure, the use of which is subordinate or incidental to that of the main building, structure or use. Where an Accessory Building is a part of, or is joined to the main building, such accessory building shall be counted as part of the main building.

Accessory Dwelling Unit (ADU). Either a detached or attached dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation. An ADU may also be located within an existing or proposed primary dwelling unit. An ADU also includes the following:

(1)

An efficiency unit, as defined in Cal. Health and Safety Code § 17958.1.

(2)

A factory-built ADU, such as manufactured homes as defined in California Health and Safety Code § 18007, or in the Code of Federal Regulations governing manufactured homes: Code of Federal Regulations Title 24, Housing and Urban Development, Part 3280, Manufactured Home Construction and Safety Standards, Subsection 3280.2, "Definitions."

(3)

A factory-built modular ADU that complies with the standards of Chapter 155.644 (D).

Accessory Dwelling Unit, Junior (JADU).

(1)

Is no more than 500 square feet in size;

(2)

Is contained entirely within an existing or proposed single-family structure;

(3)

Has or shares sanitation facilities within the existing or proposed single-familty structure;

(4)

Includes an efficiency kitchen.

Accessory Living Quarters. The same as "guest house."

Accessory Use. A use customarily incidental to, related and clearly subordinate to a principal use established on the same lot or parcel of land, which accessory use does not alter said principal use or adversely affect other properties in the area.

Adjacent. Two or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two or more objects that lie near or close to each other.

Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in contact with each other.

Adult Book Store. An establishment having as a substantial or significant portion of its stock in trade, accessories, photographs, prints, drawings, paintings, motion pictures, pamphlets, books, magazines and other periodicals and material which are substantially devoted to the depiction of specified sexual activities or specified anatomical area.

Adult Business. Any business activity which, either by law or by the operator of such business, is conducted exclusively for the patronage of adults and from which minors are excluded; provided, however, that the state licensed sale of alcoholic beverages and properly licensed bingo games as such shall not be considered to be adult businesses for the purposes of this chapter. Adult Business shall also mean and include, but shall not be limited to, "adult bookstore," "adult hotel or motel" and "adult theater."

Adult Hotel and Adult Motel. A hotel or motel which provides through closed circuit television, video tape, or other media, material which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation by persons therein.

Adult Theater. An enclosed building used for presenting material in the form of live entertainment, motion picture film, videotape, slide photographs, or other similar means which is substantially devoted to the depiction of specified sexual activities or specified anatomical areas for observation by persons therein.

Alley. An unnamed public or private right-of-way less than 40 feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

Altered. The same as "structural alteration."

Ambient Noise. The all-encompassing noise associated with a given environment, being usually a composite of noises from many sources near and far. For the purpose of this chapter, the Ambient Noise Level is the median level when measured over a period of one hour without inclusion of the alleged intrusive noise, at the location and time of day near that at which a comparison is to be made, as specified in § 155.424 of this chapter.

Amendment. A change in the wording, content, or substance of this chapter, or a change in the zone boundaries of the zoning map, when said change is adopted by ordinance passed by the City Council in the manner prescribed by law.

Amusement or Entertainment. Every form of live performance, exhibition, show or act, including, but not limited to, every playing of a musical instrument, singing, dancing, performing a pantomime or acting a role in a play, sketch, scene, reciting of any prose or poetry, exhibiting or modeling any clothing, wearing apparel or costumes, done or performed by or participated in by one or more persons for the purpose of gaining or holding the attention and interest of guests, patrons or invitees, or for the purpose of diverting or amusing guests, patrons or invitees assembled in or upon any business or commercial establishment or premises, and shall specifically include the appearance of any person, employee or otherwise, in such premises in any costume or state of dress or undress and in any conduct or activity, if such costume, dress, undress, conduct or activity is referred to, directly or indirectly, in any sign, poster, or other advertisement relating to such premises. Dance halls shall be included within this definition. Notwithstanding anything to the contrary contained in this definition, the terms Amusement and Entertainment shall not include:

(1)

An amusement or entertainment at which no alcoholic beverage is sold or consumed where such amusement or entertainment is conducted by a bona fide charitable, religious, benevolent, patriotic, civic or educational organization. Any determination as to the exempt status of any such organization shall be made by the City Manager; or

(2)

A "fashion show" of clothing, where such fashion show is conducted by and upon the premises of a wholesale or retail business which maintains such premises within the city, on a permanent basis, for the sale of such clothing, and which has a business license from the city for such purpose.

Animal Grooming. The commercial provision of bathing and trimming services for dogs, cats, and other household animals permitted by the municipal code. Overnight boarding is not included with this use (see Kennel).

Animal Hospital. Any facility providing medical or surgical treatment, clipping, bathing and other services, including incidental boarding, to dogs, cats and other small animals.

Antenna, Satellite. An antenna, dish antenna, or antenna of any other configuration as well as appurtenant equipment whose purpose is to receive communication or other signals from orbiting satellites or other extra-terrestrial sources.

Apartment. A room or suite of two or more rooms in a multiple dwelling, occupied or suitable for occupancy as a residence for one family.

Apartment House. The same as "dwelling, multiple."

Area. Net area unless otherwise specified.

Area, Net. That area of a lot or parcel of land exclusive of:

(1)

Public alleys, highways or streets; or

(2)

Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or

(3)

Other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of the land.

Authorized Agent of Owner. Anyone who has authority to speak for or make presentations on behalf of the owner of any property. An authorized agent shall be responsible for any information or data which he presents to the city. As used in this chapter, any party who is or will be plaintiff in an action in eminent domain to acquire the property involved shall be considered the authorized agent for said property.

Auto Center. A retail center containing ten or more acres and comprised of two or more automobile dealerships whose principal business is selling new and used vehicles to the public.

Automated Teller Machines (ATMs). An un-staffed computerized, self-service machine used by banking customers for financial transactions, including deposits, withdrawals, and fund transfers. These machines may be located at or within banks, or in other locations.

Automobile. A motor vehicle with a gross (vehicle plus accessories) unladen weight of 5,000 pounds or less used primarily for transporting passengers. Automobile does not include truck, truck tractor or trailer, motor home, bus or other motor vehicle with a gross unladen weight of more than 5,000 pounds.

Automobile Dismantling or Wrecking Yard. Any premises used for the dismantling or wrecking of vehicles required to be registered under the California Vehicle Code including the buying, selling or dealing in such vehicles or the integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles. Automobile Dismantling shall not include storage in a valid automobile impound yard, or incidental storage of three or less inoperative or disabled vehicles for a period of time not to exceed 30 days where said storage is in connection with the legal operation of an automobile repair garage or automobile body and fender repair shop.

Automobile Impound Yard. Facilities designated or maintained by a governmental agency for the temporary storage of vehicles legally removed or impounded by a peace officer from public or private property as prescribed by law.

Automobile Sales and Rental. A retail establishment selling and/or renting automobiles, trucks and vans, motorcycles, and bicycles (bicycle sales are also included under Retail Sales, General). May also include repair shops and the sales of parts and accessories, incidental to vehicle dealerships.

Automobile Service, Major. Major repair of automobiles, motorcycles, recreational vehicles, or trucks including light-duty trucks (i.e., gross vehicle weights of less than 10,000 pounds) and heavy-duty trucks (i.e., gross vehicle weights of more than 10,000 pounds). Examples of uses include full-service motor vehicle repair garages, body and fender shops, brake shops, machine shops, painting shops, towing services, and transmission shops.

Automobile Service, Minor. Minor repair of automobiles, motorcycles, recreational vehicles, or light trucks, vans or similar size vehicles (i.e., vehicles that have gross vehicle weights less than 10,000 pounds) including installation of electronic equipment (e.g., alarms, audio equipment, and the like); servicing of cooling and air conditioning, electrical, fuel and exhaust systems; brake adjustments, relining and repairs; oil and air filter replacement; wheel alignment and balancing; tire sales, service, and installation shops; shock absorber replacement; chassis lubrication; smog checks; engine tune-ups; and installation of window film, and similar accessory equipment.

Automobile Washing/Detailing. Washing, waxing, detailing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities.

A-Weighted Sound Level. The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human ear and gives good correlation with subjective reactions to noise.

Beginning of Construction. The incorporation of labor and material within the foundation of the building. The storage of materials alone, or the excavation of a foundation alone, shall not constitute "beginning of construction" as used in this chapter.

Billboard, Electronic. An off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. An electronic billboard may be internally or externally illuminated. Electronic billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. An electronic billboard consists of a digital display area and a sign structure.

Billboard, Static. A billboard that does not utilize digital message technology and instead uses "static" print/or pictures, for the advertisement of a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than upon the lot on which that sign is located.

Billboard, Poster. A billboard whose sign face measures no less than 200 square feet and no more than 300 square feet (cabinetry and trim excluded).

Block. All property fronting upon one side of a street between intersecting and/or intercepting streets, or between a street and a right-of-way, waterway, dead end of a street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Boarding House. A residence or dwelling, other than a motel or hotel, wherein two or more rooms, with or without individual or group cooking facilities, are rented to three or more individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in the residence. Meals may also be included. This use type includes convents, monasteries, and student dormitories, but does not include fraternities, sororities, or single-room occupancy uses. Notwithstanding this definition, no single-unit dwelling operated as a group home pursuant to the Community Care Facilities Act, which is otherwise exempt from local zoning regulations, shall be considered a Boarding House.

Borrow Pit. Any place or premises where dirt, soil, sand, gravel, or other material is removed by excavation below the grade of surrounding land for any purpose other than that necessary and incidental to grading or to building construction on the premises.

Brewery, Winery, or Distillery. An establishment which produces ales, beers, meads, hard ciders, wine, liquor and/or similar beverages on-site. Breweries may also serve beverages on-site and sell beverages for off-site consumption in keeping with the regulations of the Alcohol Beverage Control (ABC) and Bureau of Alcohol, Tobacco, and Firearms (ATF).

Building. A permanently located structure having a roof supported by walls or columns; provided, however, that no form of tent or vehicle shall be considered a building. Where this chapter requires that a use shall be entirely enclosed within a building, it must meet the qualifications of the definition of "building, completely enclosed."

Building Code. The Building Code of the city.

Building, Completely Enclosed. A building enclosed by a permanent roof and on all sides by solid exterior walls pierced only by windows and customary entrance and exit doors.

Building, Detached. A building surrounded on all sides by open space.

Building Height. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure, exclusive of chimneys and ventilators.

Building, Main. A building within which is conducted the principal use permitted on the lot, as provided by this chapter.

Building, Metal. Any building having one or more exterior sidings constituted primarily of metal.

Building Setback Line. A line on private property, established by this chapter, to protect the planned street widths and adjoining yard areas by prohibiting the location of buildings, structures and other uses between said line and the centerline of the street.

Burlesque. The act of any female, while visible to any customer, exposing any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breast are below such straight line, or the wearing of any type of clothing so that such may be observed.

Business Support Services. Establishments providing goods and services to other businesses on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, office security, custodial services, photo finishing, model building, taxi, or delivery services with two or fewer fleet vehicles on site.

Camper. A structure designed to be mounted upon a motor vehicle and to provide facilities for temporary human habitation or camping purposes.

Carport. A permanently roofed structure with not more than two enclosed sides, used or intended to be used for automobile shelter and storage.

Carriage House. An ADU that is located above a detached garage.

Car Share Location. A model of car rental where people rent cars for short periods of time, often by the hour, with a designated pick up and drop off location. The organization renting the cars may be a commercial business or the users may be organized as a company, public agency, cooperative, or ad hoc grouping.

Cemetery. Land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria, crematories and mausoleums, and may include mortuaries and chapels when operated in conjunction with and within the boundary of such cemetery.

Centerline. The same as "street centerline."

Chassis. Also called skeletal trailer, designed to carry an intermodal container.

Church. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Cigar Lounge or Bar. Establishment for the retail sale and onsite consumption of cigars and similar products.

City. The City of Santa Fe Springs.

City Council. The City Council of the city.

Clinic/Urgent Care. See Hospitals and Clinics/Urgent Care.

Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose such as the promotion of literature, science, politics, good fellowship, and the like, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

Cocktail Lounges and Bars. Any establishment that sells or serves alcoholic beverages for consumption on the premises and is holding or applying for a public premise license from the State Department of Alcoholic Beverages and in which persons under 21 years of age are restricted from the premises. References to the establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the licensee. Does not include adult entertainment businesses.

Code. A code of the city.

College (Also University). An institution which offers courses of study leading to an associate, bachelors and/or advanced degrees or trades certification. Such institutions are certified by the State of California Board of Higher Education or by a recognized accrediting agency.

Commercial Recreation. Facilities providing commercial entertainment, where the activities are primarily by and for participants; spectators are incidental and present on a non-recurring basis. Examples include facilities such as amusement and theme parks, water parks, swimming pools; driving ranges, golf courses, miniature golf courses, riding stables; and indoor facilities such as handball, badminton, racquetball, dance hall and tennis club facilities; ice or roller skating rinks; trampoline and bounce house establishments; bowling alleys; pool and billiards lounges; and electronic game and amusement centers. This classification may include snack bars and other incidental food and beverage services to patrons. Bars or restaurants with alcohol sales shall be treated as a separate use and shall be regulated accordingly, even when operated in conjunction with the entertainment and recreation use.

Commission. The Planning Commission of the city.

Community Care Facility, Large. Any state licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster agency services for seven or more adults, children, or adults and children, as defined in Cal. Health and Safety Code § 1502.

Community Care Facility, Small. Any state licensed facility, place, or structure that is maintained and operated to provide non-medical residential care, day treatment, adult day care, or foster agency services for six or fewer adults, children, or adults and children, as defined in Cal. Health and Safety Code § 1502.

Community Gardens. A site used for growing plants for food, fiber, herbs, flowers, and others which is shared and maintained by community residents, either as an accessory or principal use of property.

Container. Also an intermodal container, or a shipping container, or a Conex box or freight container for packaging and/or shipping, or for the use to store or transport materials and products.

Conditional Use. A use of land or structures for which a conditional use permit is required by this chapter.

Contiguous. The same as "adjoining."

Convalescent Home or Convalescent Hospital. The same as "nursing home."

Cottage Food Operation. An enterprise conducted at a private home where the cottage food operator, within the registered or permitted area of a private home where the cottage food operator resides and where cottage food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers in compliance with Cal. Health and Safety Code § 113758. A Cottage Food Operation must satisfy the provisions set forth in § 155.635.1 of the City of Santa Fe Springs Municipal Code.

Cottage Food Operator. An individual who operates a cottage food operation in his or her private home and is the owner of the Cottage Food Operation.

Cottage Food Products. Non-potentially hazardous foods, specifically foods that are described in Cal. Health and Safety Code § 114365.5 and that are prepared for sale in the kitchen of a cottage food operation.

County. The County of Los Angeles.

Court. An open, unoccupied space, bounded on two or more sides by the walls of a building. An Inner Court is a court entirely enclosed within the exterior walls of a building. All other courts are Outer Courts.

Cultural Institutions. A nonprofit institution displaying or preserving objects of interest in one or more of the arts or sciences. This use includes libraries, museums, and art galleries. May also include accessory retail uses such as a gift/book shop, restaurant, and the like.

Dairy. Any premises where four or more cattle, four or more goats, or any combination thereof are kept, milked or maintained. An area used for grazing only shall not be considered a dairy.

Day Care Family. Regularly provided care, protection and supervision of children up to a maximum of 12 children in a caregiver's own home for a period of less than 24 hours per day while the parents or guardians are away. It includes small family day care homes (care for up to six children), and large family day care homes (care for up to 12 children). The number of children includes the provider's own children under the age of ten years.

Decibel (or dB). A unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

Department of Planning and Development. The Planning Department of the city.

Department Store. A store or group of shops under a unified management selling a variety of merchandise groups, normally including clothing, appliances, hardware and furniture.

Development Plan Approval. The procedure by which certain developments, as specified in this chapter or as specified by the Commission in any action requiring Commission approval, shall gain authorization or approval to develop in accordance with the terms of the approval.

Director of Planning and Development. The Director of Planning and Development of the city.

Direct Sale (Cottage Food). A transaction between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers' markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.

Disabled; Disabled Person. A person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment, as those terms are defined in the fair housing laws.

District. The same as "zone."

Drive-Through or Drive-Up Establishments. An establishment that sells products or provides services to occupants in vehicles, including automated teller machines, drive-in or drive-up windows and drive-through services. Examples include fast food restaurants, banks, and pharmacies. Does not include "click and collect" facilities in which an online order is picked up in a stationary retail business without use of a drive-in service (see Retail Sales, General). Does not include drive-in theaters or Automobile Washing/Detailing.

Driveway. An access to a required off-street parking facility.

Dump. A place used for the disposal, abandonment, discarding, dumping, reduction or burial of any garbage, trash, refuse, waste material, dirt or solid fill.

Dwelling, Group. A group of two or more detached dwellings located on a parcel of land in one ownership and having a common yard or court.

Dwelling, Multi-Unit. Two or more dwelling units attached or detached on a site or lot, which does not include an accessory dwelling unit. Types of Multiple-Unit Dwellings include a duplex, triplex, fourplex, townhouses, common interest subdivisions, apartments, senior housing developments, and multistory apartment buildings. Multiple-Unit Dwellings may also be combined with nonresidential uses as part of a mixed-use development.

Dwelling, Single Unit (Also Dwelling, Single Family). A dwelling unit designed for occupancy by one household which is not attached to or located on a lot with commercial uses or other dwelling units, other than an accessory dwelling unit. This definition also includes individual manufactured housing units installed on a foundation system pursuant to Cal. Health and Safety Code § 18551.

Dwelling, Two-Unit. Two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of Cal. Gov't Code § 65852.21.

Dwelling Units. One or more habitable rooms constituting a self-contained unit with a separate entrance and used or intended to be used for living and sleeping purposes for not more than one family and containing not more than one kitchen or kitchenette. For the purpose of this definition, hotels, boardinghouses, motels, trailers and similar type uses shall not constitute dwelling units.

Easement. An area on a lot or parcel of land, and so indicated on a subdivision map or in a deed restriction or other recorded document, reserved for or used for utilities, access purposes or public uses.

Efficiency Kitchen. A kitchen that includes each of the following:

(1)

An area used for cooking, with kitchen appliances;

(2)

A food preparation counter that is adequate for the size of the unit; and

(3)

Food storage cabinets that are adequate for the size of the unit.

Electronic Billboard. An off-site sign utilizing digital message technology, capable of changing the static message or copy on the sign electronically. An electronic billboard may be internally or externally illuminated. Electronic billboards shall contain static messages only, and shall not have animation, movement, or the appearance or optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign. Each static message shall not include flashing, scintillating lighting or the varying of light intensity. An electronic billboard consists of a digital display area and a sign structure.

Emergency Shelter, Permanent. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. (See Cal. Health and Safety Code § 50801.)

Emergency Shelter, Temporary Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(1)

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(2)

Pets.

(3)

The storage of possessions.

(4)

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Emergency Work. Work necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger or work by private or public utilities when restoring utility service.

Employee Housing, Large. Pursuant to Cal. Health and Safety Code § 17008, means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for seven or more persons employed by the same business.

Employee Housing, Small. Pursuant to Cal. Health and Safety Code § 17008, employee housing, small means any portion of any housing accommodation, or property upon which a housing accommodation is located, maintained in connection with any work or place where work is being performed, whether or not rent is involved, where such housing provides accommodations for six or fewer persons employed by the same business.

Entertainment Venue, Indoor. An establishment offering predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, civic and private auditoriums, live performance theaters, meeting halls and banquet rooms, and dance halls.

Erect. To build, construct reconstruct or move onto a premises or put together in position for use. Excavations, fill, drainage and the like shall be considered a part of the erection.

Fabricate. To stamp, cut, shape, join or fasten together processed materials into useful objects.

Fair Housing Laws. The Fair Housing Act (42 U.S.C. §§ 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), and the California Fair Employment and Housing Act (Cal. Government Code §§ 12900 et seq.), as these statutes now exist or may be amended from time to time, and the implementing regulations for each of these statutes.

Family. Two or more persons living together as a single housekeeping unit in a single dwelling unit; persons living together in a licensed residential facility as that term is defined in Cal. Health and Safety Code § 1502(a)(1), which serves six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who resides at the facility.

Family Day Care Home, Large. A home that provides family day care for nine to 14 children, inclusive, including children under the age of ten years who reside at the home, as set forth in Cal. Health and Safety Code § 1597.465 and as defined in regulations.

Family Day Care Home, Small. A home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home, as set forth in Cal. Health and Safety Code § 1597.44 and as defined in regulations.

Financial Institutions. Financial institutions providing retail banking services. This classification includes only those institutions engaged in the on-site circulation of money, including credit unions, but does not include Check Cashing Shops and/or Payday Loans or any facility exchanging valuables for payment. For administration, headquarters, or other offices of banks and credit unions without retail banking services/on-site circulation of money see Office, Business and Professional.

Floor Area. The total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts and courts.

Floor Area Ratio. The numerical value obtained through dividing the above ground floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located.

Fortune Telling. Every person who engages in, practices or professes to practice, or acts as an agent for, the business or art of astrology, phrenology, life reading, mesmerism, fortune-telling, cartomancy, clairvoyance, clairaudience, crystal gazing, spirit photography, spirit writing, spirit voices, spirit psychometry, seership, prophecy, augury, palmistry, materialization, etherealization, numerology, physiognomy, necromancy, clairsen-tience, dreams, apportism, ectoplasm, levitation, mediumship, seance, sooth-saying, psychic healing, divination by magic, radiesthesia, or any other similar art or business, or craft. Fortune-Telling shall further mean, in the alternative, every person who, by means of occult or psychic powers, facilities or forces, spirits, cards, talismans, charms, potions, magnetism or magnetized articles or substances, animal sacrifice or by using parts of animals or human beings, effigies, or any craft or art described in this chapter, or similar art or craft which may be known by another name or title in any language, which purports to or does tell fortunes, life readings, find or restore lost or stolen property, locate oil wells, gold or silver, or other ore or metal, restore lost love or affection, unite loved ones, wives, husbands, children, lost relatives or friends, procure lovers, wives or husbands, diagnose disease or injury, cast spells, cause sickness or injury, advise of the past, present or future, or by such means give counseling or advice whatsoever, and who demands, solicits or receives directly or indirectly a fee or reward or who accepts any donation therefor.

Foster Home. A residence used for foster home care where the total number of children in the residence, including the natural children of the foster family, shall not exceed six.

Freeway. A highway in respect to which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or in respect to which such owners have only limited or restricted right of easement of access and which is declared to be such in compliance with the California Streets and Highways Code, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.

Frontage. The front lot line adjoining a street, or an easement which the Commission has determined adequate for access purposes, or a side lot line on the street side of a corner lot.

Garage, Private. An accessory building or an accessory portion of a main building, designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building.

Garage, Public. A building other than a private garage and used for the care, repair or equipping of automobiles, or a building where such vehicles are stored or kept for remuneration, hire or sale.

General Plan. A long range comprehensive general plan adopted by the city in accordance with the provisions of the State Planning Act.

Grade, Finished. The average of the finished ground levels at the center of all exterior walls of a building.

Gravel Pit. The same as "borrow pit."

Greenhouse. A building or structure with predominantly glass roof and walls, for the propagation and cultivation of plants.

Guest Home. The same as "rest home."

Guest House. Living quarters located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall have no kitchen and shall not be rented or otherwise used as a separate dwelling unit.

Guest Room. A room which is designed to be occupied by not more than two guests for sleeping purposes.

Gymnasium and Fitness Centers, Large. A full-service fitness center, gymnasium, or health and athletic club which is over 2,500 square feet in size and may include any of the following: sauna, spa, or hot tub facilities; weight rooms; indoor tennis, handball, or racquetball courts; rock climbing wall, boxing ring, cheerleading, aerobic classes and other indoor sports activities; locker rooms, and showers.

Gymnasium and Fitness Centers, Small. An indoor facility of 2,500 square feet or less in size where passive or active exercises and related activities are performed using minimal muscle-building equipment or apparatus for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. Examples of uses include Pilates, personal training, dance, yoga, and martial arts studios.

Heliport. Any helicopter landing area used, designed or intended to be used for the receiving or discharging of passengers and cargo and shall include any appurtenant facilities for passengers, cargo, or for the servicing, repair, shelter or storage of helicopters.

Helistop. Any helicopter landing area used, designed or intended to be used for the receiving and discharging of passengers and cargo on an occasional or intermittent basis, but not including appurtenant facilities permitted at a heliport other than a shelter for passengers.

Highway, Major. A highway designated as a major highway on the master plan of highways of the city.

Highway, Secondary. A highway designated as a secondary highway on the master plan of highways of the city.

Home for the Aged. The same as "rest home."

Home Occupation. Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the structure for dwelling purposes and which use does not change the character thereof or does not adversely affect the uses permitted in the district of which it is a part. A home occupation must satisfy the conditions set forth in § 155.635.

Hospitals and Clinics/Urgent Care. State-licensed facilities providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Hospital).

(1)

Clinic/Urgent Care. A facility other than a hospital, providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities such as blood banks and plasma centers, and emergency medical services offered exclusively on an outpatient basis such as urgent care centers. Typically operates beyond standard medical office hours and may provide emergency treatment. May include educational aspects such as medical instruction and/or training as well as house a lab, radiology, pharmacy, rehabilitation, and other similar services as accessory uses. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale, see Office, Medical and Dental.

(2)

Hospital. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Hotel or Motel. Facilities with guest rooms or suites, including private restroom facilities, no more than two guest beds per room, and provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days).

House Car. A motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been attached and which is not used to transport property on its own structure other than property used for human habitation or camping purposes. House Car includes camp car and motor home.

Household Pet. Any domesticated animal commonly maintained in residence with man.

Impact Fees. A monetary exaction that is charged by the city to a property owner and/or project applicant in connection with approval of a project for the purpose of defraying all or a portion of the cost of public facilities, public improvements, public services, and community amenities; this does not include fees for processing applications for governmental regulatory actions or approvals or any connection fee or capacity charge charged by a local agency, special district, or water corporation.

Impulsive Noise. Noise occurring in a sequence of distinct pulses or bursts, such as riveting, hammering and pile driving.

Indirect Sale (Cottage Food). An interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage food operation from a third-party retailer that holds a valid permit issued pursuant to Cal. Health and Safety Code § 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

Intruding Noise. That alleged offensive noise which intrudes over and above the existing ambient noise at the receiving property.

Living Area. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure.

Junior Accessory Dwelling Unit. An independent living unit created through the conversion of an existing bedroom in a single-family dwelling. Junior accessory dwelling units are distinguished from accessory dwelling units in that they:

(1)

Must include the conversion of an existing bedroom(s) within a single-family dwelling (no new or additional building area);

(2)

Are smaller in size (maximum size of 500 square feet);

(3)

Contain either independent or shared bathroom facilities; and

(4)

Are subject to unique standards that are not applicable to accessory dwelling units.

Junk Yard. The same as "salvage yard."

Kennel. A place where four or more dogs or cats, aged four months or more, are kept, boarded or trained, whether by the owners of the dogs and cats or by persons providing facilities and care, with or without compensation.

Kitchen. Any space within a building used, designed or intended to be used for the cooking or preparation of food.

Laboratory; Medical, Analytical, Research, Testing. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs. This type of facility is distinguished from industrial research and development (see Research and Development) in its orientation more toward testing and analysis than product development or prototyping; an industrial research and development facility may typically include this type of lab. The Medical Lab subset of this land use type is oriented more toward specimen analysis and processing than direct blood drawing and specimen collection from patients (see Hospitals and Clinics/Urgent Care) but may also include incidental specimen collection.

Landscaped Freeway. A freeway or section thereof which is improved on at least one side of the right-of-way with the planting of trees, shrubs, vines, ground cover, lawns, flowers or other ornamental vegetation, for the purpose of beautification. Planting for the purpose of soil erosion alone shall not be considered as meeting the requirements of this definition.

Landscaping. The same as defined by § 155.546 of this chapter.

Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-unit or multiple-unit, and may include only commercial activities and pursuits that are compatible with the character of a residential environment. May be designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes: (1) complete kitchen space and sanitary facilities in compliance with the city building code and (2) working space reserved for and regularly used by one or more occupants of the unit.

Living Area. The interior habitable area of a dwelling unit including basements and attics meeting habitable space requirements of the California Building Code with Los Angeles County amendments but not including a garage or any accessory structure.

Lot. A parcel of real property satisfying at least one of the following conditions:

(1)

A parcel with a separate and distinct number or other designation shown on a plat recorded in the office of the County Recorder.

(2)

A parcel delineated on an approved record of survey, lot split or lot division map as filed in the office of the Department of Planning and Development.

(3)

A parcel containing not less than the required area in the zone in which it is located, abutting at least one public street or easement which the Commission has designated adequate for access purposes, and shown on the records of the County Assessor as held under separate ownership from adjacent property on the effective date of this chapter.

Lot Area. The total extent of surface, measured in a horizontal plane, within the lot lines of a lot.

Lot, Corner. A lot located at the intersection of two or more streets.

Lot Coverage. The area of a lot or parcel of land which is occupied by buildings or structures.

Lot Depth. The horizontal distance measured between the midpoints of the front and rear lot lines.

Lot, Interior. A lot other than a corner lot.

Lot, Key. An interior lot adjoining, or separated by an alley from the rear lot line of a reversed corner lot.

Lot Line. Any line bounding a lot as herein defined.

Lot Line, Front. A line separating an interior lot from a street. In the case of a corner lot the orientation of existing or proposed development shall be used to determine which lot line shall be considered the front. If uncertainty exists, the Director of Planning and Development shall determine the front lot line.

Lot Line, Rear. A lot line which is opposite and most distant from the front lot line. In the case of an irregular, triangular or goreshaped lot, the rear lot line shall be an assumed line parallel to and at the maximum distance from the front lot line.

Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line.

Lot, Reversed Corner. A corner lot, the side street line of which is the continuation of the front lot lines of the lots to its rear.

Lot, Through (or Double Frontage Lot). An interior lot having frontage on two parallel or approximately parallel dedicated streets.

Lot Width. The average horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

Major Life Activity. Physical, mental, and social activities, such as the operation of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.

Manufacture. To assemble, fabricate, compound, process, or remanufacture.

Manufactured Housing. A structure as defined by Cal. Health and Safety Code § 18007.

Manufacturing, Light. A use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, and treatment packaging, taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes accessory wholesale and/or direct retail sale to consumers of only those goods produced on-site. Includes accessory office uses associated with the on-site use. Examples of light industrial uses include, but are not limited to the manufacture of electronic instruments, equipment, and appliances; brewery and alcohol production, pharmaceutical manufacturing; and production apparel manufacturing.

Massage Parlor. Any premises or use activity upon a premises where "massage" or "massage services" are conducted by practitioners that do not hold a license for massage treatment issued by an authorized agency of the state. Massage and Massage Service shall be considered a service not covered by or conducted under a license or certificate issued by an authorized agency of the state. Massage and Massage Service means and shall include any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, touching, pounding, manipulation, or stimulating the external parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations. Massage and Massage Service shall further include any bath, facial massage, fomentations, massage, electric or magnetic treatment, acupressure, shiatsu, alcohol rubs, and Russian, Swedish, Turkish baths.

Master Plan. The same as "general plan."

Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include in-patient or overnight accommodations. Medical Clinic includes health center, health clinic and doctors offices.

Mini-Warehouses. Buildings which are divided into small individual storage units, including buildings which house portable storage units, which are individually leased, rented, sold or otherwise contracted to persons or companies for storage purposes. For the purpose of this section Mini-Warehouses shall be considered synonymous with "self-storage facility," "self-storage warehouse" or "mini-storage."

Mobile Home. A trailer, transportable in one or more sections, that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, which is over eight feet in width and 40 feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach, or factory-built housing.

Mobile Home Parks. A parcel of land under one or more ownerships that has been planned and improved for the placement of two or more mobile homes, as the term Mobile Home is defined in Cal. Civil Code § 798.3 or successor provision of the State Mobile Home Residency Law, for non-transient use.

Modification. A modification of property development standards, granted by the city in accordance with the procedures set forth in this chapter, where the strict enforcement of such standards would cause undue hardship and where the granting of the modification would be within the spirit and intent of this chapter, and would not adversely affect nearby properties.

Motor Vehicle. A self-propelled device by which any person or property may be propelled, moved or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.

Noise. Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.

Noise Level (or Sound Level). The sound level measured in decibels (dB), by a sound level meter with the A-weighting and slow response settings, except that the fast response setting shall be used for measuring impulsive noise.

Nonconforming Structure. Any structure or improvement, or portion thereof, that was lawfully established and in compliance with all applicable ordinances and laws at the time this chapter or any amendment thereto became effective, but which, due to the application of this chapter or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.

Nonconforming Use. Any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this chapter or any amendment thereto became effective, but which, due to the application of this chapter or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use if located.

Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

Nursery, Child Care. A building or premises used primarily for the part-time care of four or more children.

Nursing Home. A building or group of buildings which make provisions for bed care or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves, but excluding alcoholics, drug addicts, persons with mental diseases and persons with communicable diseases, including contagious tuberculosis.

Objective Standards. Standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

Occupied. Arranged, designed, built, altered, converted, rented, leased, occupied or intended to be occupied.

Office, Business and Professional (Non-Medical and Dental Office). Offices of firms or organizations providing professional, executive, management, or administrative services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, legal offices, and tax preparation offices, but excluding check cashing businesses and banks and savings and loan associations (see Financial Institutions).

Office, Medical and Dental. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective treatment services by doctors, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, medical and dental laboratories within medical office buildings but excluding clinics or independent research laboratory facilities and hospitals (see Hospitals and Clinics/Urgent Care). Incidental medical and/or dental research within the office is considered part of the office use, where it supports the on-site patient services.

Open Storage Yard. Any premises where open storage is the primary use constituting 60 percent or more of the use of said premises.

Parcel of Land. Any contiguous quantity of land, in the possession of, owned by, or recorded and assessed by the County Assessor as the property of the same claimant or person.

Park. A public recreation facility unless another specific meaning is designated by the context in which the term is used.

Parking Area, Public. An area, other than a private parking area or street, used for the parking of vehicles and available for public or quasi-public use, either free or for compensation.

Parking Space. A readily accessible area, not including driveways, ramps, loading or work areas, maintained exclusively for the parking of one motor vehicle.

Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Performance Standard. A criterion or measurement established to control excessive noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards, glare, or other objectionable elements generated by or inherent in certain uses of land or buildings.

Permit Fees. A monetary exaction charged to a property owner and/or project applicant in connection with an application for a permit for the reimbursement of expenses incurred during the processing and review of the application, but not fees otherwise classified as impact fees.

Permitting Agency. Any entity that is involved in the review of a permit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, fire departments, utilities, and special districts.

Person. An individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, the federal, state, city or county government, or special district, or any other group or combination acting as an entity.

Personal Services, General. Recurrent services of a personal nature. This classification includes barber shops and beauty salons, nail salons seamstresses, tailors, full-service day spas (including those offering massage services provided all persons engaged in the practice of massage are certified pursuant to the Cal. Bus. and Prof. Code § 4612), dry-cleaning pick-up stores with limited on-site cleaning equipment, shoe repair shops, self-service laundries, locksmiths, video rental stores, photocopying, photo finishing services, and travel agencies mainly intended for the consumer. Does not include establishments defined as Personal Services, Restricted.

Personal Services, Restricted. Personal services with characteristics that have the potential to adversely impact surrounding areas, and which may need to be dispersed to minimize their adverse impacts. Examples of these uses include fortune-telling, palm reading, and psychic services; palm and card readers; tanning salons; tattoo and body modification services, and massage parlors.

Petroleum Bulk Plant. Any premises used for the wholesale distribution and storage of gasoline, oil or petroleum products, but shall not include the storage of liquid petroleum gas, a tank farm, or be connected to a pipe line constituting, in effect, a petroleum terminal.

Physical or Mental Impairment. Any physiological disorder or condition and any mental or psychological disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities (formerly termed "mental retardation").

Planned Street Widths. The proposed ultimate right-of-way widths of those streets shown on the street and highway section of the master plan of the city and of such other streets where official action of the city has determined said ultimate right-of-way widths.

Portable Storage Unit. An individual storage unit that is individually rented and delivered to persons or companies for storage purposes and later picked up from persons or companies and stored off-site.

Porte Cochere. A roof-like attachment to a building, primarily used for the protection and convenience of loading and unloading passengers or materials. A Porte Cochere shall not satisfy the requirements of this chapter for off-street parking.

Primary Street Frontage. The primary public right-of-way frontage determined as that frontage along the right-of-way with the highest roadway classification, as specified in the Santa Fe Springs General Plan. Lots with a single frontage shall designate that frontage as primary. The Primary Street Frontage is designed for pedestrians, includes wide sidewalks, buildings frontages oriented to the street, windows and entryways oriented to the street, landscaping along sidewalks, and other pedestrian amenities and design elements.

Private Home (Cottage Food). A dwelling, including an apartment or other rented space, where the cottage food operator resides.

Processing. Any operation changing the nature of material or materials such as the chemical composition or physical qualities.

Property Development Standards. The regulations set forth in this chapter pertaining to the area and dimensions of property, bulk, size and location of structures, off-street parking, signs, landscaping, storage areas and other physical improvements.

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

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

Public Use. A use operated exclusively by a public body, said use having the purpose of serving the public health, safety, or general welfare, and including uses such as public schools, parks, playgrounds, hospitals, administrative and service facilities.

Public Utility. Any person, firm, corporation, municipal department or board duly authorized to furnish, under state or local regulation, electricity, gas, steam, telephone, telegraph, transportation or water, to the general public.

Public Utility Service Yard. Any buildings or premises used for the office, warehouse, storage yard or maintenance of a public utility including microwave repeater stations when incorporated as a part of the service yard use.

Pure Tone Noise. Any sound which can be judged as audible as a single pitch or a set of single pitches. For the purposes of this chapter, a Pure Tone shall exist if the 1/3 octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dB for center frequencies of 500 Hertz and above and by eight dB for center frequencies between 160 and 400 Hertz and by 15 dB for center frequencies less than or equal to 125 Hertz.

Quarry. Any place on a lot or parcel of land where dirt, soil, sand, gravel, rock, clay, decomposed granite or other similar material is removed by excavation or otherwise. Quarry shall include mining operations for the removal of ores, precious stones, or other solid materials, but shall not include:

(1)

The excavation and removal of materials from a lot or parcel of land preparatory to construction of a building for which a building permit has been issued and remains in full force and effect, provided that such excavation is confined to that necessary for such building construction, but in no event shall more than 5,000 cubic yards of soil or other excavated materials be removed from the premises.

(2)

Excavation, on a lot, parcel of land or subdivision, necessary to grading, building construction or operation on the premises, where a building permit is not in full force and effect, provided that such grading is necessary to prepare a site for a lawful use permitted thereon but in no event shall more than 500 cubic yards of solid or other excavated materials be removed from such premises.

Quasi-Public Use. Use operated by a private nonprofit educational, recreational, charitable or medical institution, said use such as churches, private schools and universities, private hospitals, youth centers and similar uses.

Reasonable Accommodation. Any deviation requested and/or granted from the city's zoning and land use laws, rules, regulations, policies, procedures, practices, or any combination thereof, that may be reasonable and necessary for a disabled person to have an equal opportunity to use and enjoy a dwelling.

Recreational Vehicle. A motor home, travel trailer, camper or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than 220 square feet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms.

Registered or Permitted Area (Cottage Food). The portion of a private home that contains the private home's kitche used for the prearation, packaging, storage, or handiling of cottage food procuts and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage.

Religious Assembly Facilities. Any facility specifically designed and used to accommodate the gathering of persons for the purposes of fellowship, worship, or similar conduct of religious practices and activities. This definition includes functionally related internal facilities (i.e., kitchens, multi-purpose rooms, storage, and the like) and residences for clergy. Other establishments maintained by religious organizations, including full-time educational institutions, hospitals, and other related operations, are classified according to their respective activities.

Research and Development. A facility for scientific research, and the design, development and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site, where the manufacturing activity is secondary to the research and development activities. Includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories (see Laboratory; Medical, Analytical, Research, Testing), or blood drawing and specimen collection from patients (see Hospitals and Clinics/Urgent Care), or testing of computer software (see Office). Includes assembly of related products from parts produced off-site where the manufacturing activity is secondary to the research and development activities.

Residence. One or more rooms designed, used or intended to be used as permanent living quarters for a family and not as temporary or overnight accommodations.

Restaurant. Establishments where food and beverages may be consumed on the premises, taken out, or delivered.

Restaurant, Drive-In. Restaurant, cafe, stand or similar use where the principal operation is the purveying of food or refreshments to customers in vehicles or at pedestrian service windows, and where the seating area, if any, is secondary to said principal operation.

Rest Home. A home offering or providing lodging, meals, nursing, dietary or other personal services to convalescents, invalids or aged persons but does not include surgery or the care of persons with contagious or communicable diseases. Rest Home includes convalescent home and home for the aged.

Retail Establishment. A business selling goods, wares or merchandise directly to the ultimate consumer.

Retail Sales, General. The retail sale or rental of merchandise not specifically listed under another use definition. This classification includes grocery (including department stores, clothing stores, furniture stores, pet supply stores, hardware stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. Does not include pawn shop, secondhand stores or other establishments defined as Retail Sales, Restricted.

Retail Sales, Restricted. The retail sale of adult books, videos and merchandise, gun and ammunition stores, pawn shops, consignment stores, secondhand stores, swap meets, and business offering payment for valuable goods such as jewelry and gold.

Ringelmann Chart. A chart which is described in the U.S. Bureau of Mines Information Circular 7718, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke.

Ringelmann Number. The number of the area on the Ringelmann Chart that coincides most nearly with the light-obscuring capacity of a particular smoke.

Room. An unsubdivided portion of the interior of a dwelling unit, but excluding bathroom, closet, kitchen, hallway and service porch.

Rooming House. The same as "boardinghouse."

Salvage Yard. A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, or handled or stored, including auto wrecking yards, house wrecking yards, used lumberyards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations conducted on the premises.

Sanitarium. A building or group of buildings which make provisions for bed care, or for chronic or convalescent care for one or more persons, exclusive of relatives, who by reason of illness or physical infirmity are unable to properly care for themselves, including alcoholics, drug addicts, persons with mental disease, and persons with communicable diseases, including contagious tuberculosis.

Schools, K through 12, Private. A private academic educational institution, including boarding schools; elementary, middle/junior, and high schools; military academies; and businesses providing instruction in arts and languages. This definition does not include Technical Trade, Business or Professional Schools or non-tuition part-time instruction at religious assembly facilities.

Schools, Public. A public institution of learning which offers instruction in the several branches of learning and study required to be taught by the California Education Code.

Secondhand Store. Any business, either retail or wholesale, where the greater portion of the merchandise is secondhand or used.

Second Unit. The same as Accessory Dwelling Unit.

Service/Fueling Station, Automobile. An establishment engaged in the retail sale of vehicle fuels or the retail sale of these fuels in combination with activities, such as providing minor vehicle repair services; selling automotive oils, replacement parts, and accessories; and/or ancillary retail and grocery sales. Does not include body and fender work or heavy repair of trucks or other motor vehicles (see Automobile Service, Major).

Service Road. A portion of a highway right-of-way separated from the main roadway by a dividing median except for points of access, and providing access to property abutting said highway.

Setback Line. The same as "building setback line."

Sign. Any structure, wall, natural object or other device used for visual communication which is visible from any public or private street or means of access and is used to advertise or direct attention to an activity, product, place, person, organization, business or enterprise. For the purpose of this chapter, the word Sign does not include the flag, pennant or insignia of any nation, state, city or other political unit, or any official notice issued by any court or public body or officer or directional warning or information sign or structures required or authorized by law.

Sign, Abandoned. A sign which is no longer used to advertise, direct attention to or identify an activity, product, place, person, organization, business or enterprise on the premises on which the sign is located.

Sign, Fascia. A sign located on and limited to the outside horizontal member on the edge of a roof overhang of a mansard roof or similar roof structure.

Sign, Flashing. Any sign having a conspicuous and intermittent variation in the illumination.

Sign, Freestanding. Any sign supported by the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts or similar uprights, with or without braces. This type of sign is sometimes referred to as a "ground sign," "pole sign" or "detached sign" but, shall not mean monument or planter signs.

Sign, Freestanding Center. A freestanding sign in a unified commercial or industrial development such as a shopping center, business park or similar development containing a minimum area of five acres where such signs are primarily used to identify the center and also to incorporate one or more business identification signs.

Sign, Illuminated. Any sign designed to emit or brightly reflect artificial light.

Sign, Monument or Planter. A low-profile sign which is an integral part of a landscape planter or landscaped area and used for identification purposes only and where the containing landscaped planter/area is at least three times the area of the sign and the supporting structure is no greater than two feet in height and the overall height of the sign does not exceed five feet.

Sign, Wall. Any sign posted or painted in, suspended from or otherwise affixed to the wall of any building or structure in an essentially flat position or with the exposed face of the sign in a plane approximately parallel to the plane of such wall.

Single Room Occupancy (SRO). A rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.

Slaughterhouse. Any structure, building, improvement, or premises in which or on which animals and fowl are killed, dressed or prepared for consumption.

Solid Fill. Any noncombustible materials, insoluble in water, such as soil, rock, sand or gravel, that can be used for grading land or filling depressions.

Solid Fill Project. Any operation on a parcel of land where more than 1,000 cubic yards of solid fill materials are deposited for any purpose including the grading or reclaiming of land.

Sound Level Meter. An instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which satisfies the requirements pertinent for type S2A meters in American National Standards Institute specifications, for sound level meters, S1.4-1971, or the most recent revision thereof.

Sound Pressure Level. The amplitude of sound, in decibels, within a given frequency range.

Specified Anatomical Areas.

(1)

Less than completely and opaquely covered mature human genitals, mature human buttock, or mature human female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified Sexual Activities.

(1)

Human genitals in a state of sexual stimulation or arousal; or

(2)

Acts of human masturbation, sexual intercourse or sodomy; or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Stable. A structure or portion thereof used for the shelter or care of horses or similar animals.

Stable, Private. A stable where the horses or animals are owned by the occupants of the premises and not kept for compensation, hire or sale.

Stand, Roadside. A structure for the display and sale of products with no space for customers within the structure itself.

State. The State of California.

Static Billboard. A billboard that does not utilize digital message technology and instead uses "static" print/or pictures, for the advertisement of a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than upon the lot on which that sign is located.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above abasement, cellar or unused underfloor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar or unused underfloor spaces shall be considered as a story.

Street. A public thoroughfare or right-of-way dedicated, deeded or condemned for public use, the function of which is to carry vehicular traffic and/or provide vehicular access to abutting property. The word Street shall include "avenue," "place," "way," "drive," "lane," "boulevard," "highway," "road," and any other thoroughfare, but does not include "alley."

Street Centerline. The centerline of a street or right-of-way as established by official surveys. If two or more centerlines appear on an official survey, or in the absence of an official survey, the centerline shall be determined by the City Engineer (Director of Public Works).

Street, Local. Any dedicated street serving as the principal means of access to property, which street is not shown on the master plan of streets and highways as a major or secondary highway or through collector street or through industrial street or which has not been designated as a specific type street by action of the City Council.

Street, Through Collector. A street so designated by action of the City Council, and designed or intended to serve as a collector of local traffic.

Street, Through Industrial. A street so designated by action of the City Council, and designed or intended to serve as a collector of local traffic in the industrial area.

Structural Alteration. Any change in the supporting members of a structure, such as in a bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, roof trusses, foundations, piles or retaining walls or similar components, or any change in the exterior lines of a building or structure.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, but excepting outdoor areas such as walks, paved areas, tennis courts and similar recreation areas.

Structure, Sign. A physical support of any kind or character which is used exclusively as a stand, frame, or background for the support or display of signs. This term shall include "advertising structure."

Supermarket. A market having 8,000 or more square feet of floor area devoted principally to the sale of food.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on- or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target Population mean persons, including persons with disabilities, and families who are homeless, as that term is defined by 42 U.S.C. § 11302, or who are homeless youth, as that term is defined by Cal. Government Code § 11139.3(2)(e). (See Cal. Health and Safety Code § 50675.14(b).)

Swimming Pool, Private. Any pool, pond, lake or open tank, not located within a completely enclosed building, and containing or normally capable of containing water at any point greater than two feet in depth.

Tandem Parking, Residential. Two or more automobiles parked on a permitted parking are lined up behind one another.

Tattooing. The insertion of pigment under the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure through the skin.

Tattoo Parlor. Any premises or use activity upon a premises where tattooing is conducted.

Technical Trade, Business or Professional Schools. Public or private post-secondary schools (other than a community college or four-year college) providing occupational or job skills training for specific occupations, including business and computer schools, management training, and technical training schools. Excludes personal instructional services such as music lessons and tutoring, and schools providing instruction in the use of heavy equipment, such as truck driving schools.

Trailer, Automobile. A vehicle with or without motive power, designed and constructed to travel on public thoroughfares in accordance with the provisions of state and local vehicle codes, also designed to be used for human habitation, or for carrying persons and property. Included in this definition are "trailer coach" or "mobile home" and similar terms.

Trailer Park. Any area or tract of land intended, maintained or designed for the purpose of supplying a location or accommodation for two or more automobile trailers for human habitation, including all buildings used or intended for use as part of the equipment of such facility whether or not a charge is made for such use. Included in this definition are "trailer camp," "trailer court," "mobile home park" and similar terms.

Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach, designed or used for the habitation of one family, and including all appurtenant facilities thereon.

Transfer Station. An area, including any necessary buildings or structures, for the temporary storage and the salvage of rubbish, garbage or industrial waste.

Transient. A person who receives lodging accommodations for a price, with or without meals, for a period of not more than 180 days.

Transit Station. Passenger stations for vehicular and rail mass transit systems. Includes buses, taxis, and railway.

Transitional Housing. Transitional housing and transitional housing development means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. (See Cal. Health and Safety Code § 50675.2(h).)

Truck. A motor vehicle with a gross (vehicle plus accessories) unladen weight of 5,000 pounds or more used primarily for the commercial transporting of goods or materials. For the purposes of those sections of this chapter dealing with truck terminals or other trucking facilities, vans, pickup trucks, panel trucks, small delivery vehicles and straight trucks with a gross unladen weight of less than 5,000 pounds shall not be considered as trucks.

Truck Driving School. Any facility for students, faculty, and staff where students are provided classroom instruction and training on how to operate, load, maneuver, couple or maintain any truck, truck tractor, truck trailer or multiple axle vehicle.

Trucking Facility. Any premises used primarily for a truck terminal or truck line, or for the parking or servicing, or repairing or storage, including the storage for rental or leasing purposes of trucks, truck tractors, and/or truck trailers, except where such use is incidental to a permitted use and servicing only such permitted use and located on the same property as such permitted use.

Truck Line. Any premises used for trucking operations where there is limited or no dock and/or warehouse facilities for the transfer or storage of goods or materials being transported.

Truck Service and Repair. Any premises used primarily for the servicing, repair or maintenance of trucks, truck tractors and/or truck trailers.

Truck Terminal. Any premises used for trucking operations where there is substantial dock and/or warehouse facilities for the transfer or storage of goods or materials being transported.

Truck Tractor. A motor vehicle designed primarily for pulling or towing truck trailers.

Truck Trailer. Any trailer designed and used primarily for carrying loads other than passengers whether designed as a balance trailer, pole trailer, semitrailer or self-supporting trailer.

Unimproved. Property for which the County Assessor has assessed the value of improvements as zero.

Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained.

Utility Facilities. A structure or improvement built or installed above ground for the purpose of providing utility services, communications services, and materials transfer to more than one lot. Generating plants; electric substations; solid waste collection, including transfer stations and materials recovery facilities; solid waste treatment and disposal; water or wastewater treatment plants; and similar facilities of public agencies or public utilities, including corporation and maintenance yards. Utility Facilities with on-site staff include those that have office and/or working space for employees, and/or that require employees to be located on site for general operation of the facility. Utility Facilities with no on-site staff do not include working space for employees, and where on-site staff are required intermittently only for maintenance and/or infrequent monitoring.

Variance. A waiver of specific regulations of this chapter, granted by the city in accordance with the provisions set forth in this chapter, for the purpose of assuring that no property, because of special circumstance applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the sane vicinity and zone.

Veterinary Clinic. Any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anaesthetic.

Visual Obstruction. Any combination of fencing, hedges, trees, shrubs and walls which limits the visibility of persons at intersecting or intercepting streets and alleys.

Wall. Any structure or device forming a physical barrier, which is so constructed that 50 percent or more of the vertical surface is closed and prevents the passage of light, air and vision in a horizontal plane through said surface.

Warehouse. A building or portion of a building used for the deposit and safekeeping of goods, or for the sale of goods at wholesale or by mail order.

Wholesale. Sale for resale and not for direct consumption.

Wild Animal. Any wild, exotic, dangerous or non-domestic animal, including but not limited to mammals, fowl, fish or reptiles.

Worm Farm. Any and all premises where the total area of all worm beds or containers used in conjunction with the raising, propagating or keeping of earthworms, exceeds an area of 120 square feet.

Wrecking Yard, Automobile. The same as "automobile dismantling or wrecking yard."

Yard. Any open space on the same lot with a building or a dwelling group; provided, that the open space is unoccupied and unobstructed from the ground upward to the sky, except for the encroachments permitted by this chapter.

Yard, Front. An open space extending across the full width of the lot between a building and front lot line or planned street width line, unoccupied and unobstructed from the ground upward except for the encroachments permitted by this chapter.

Yard, Rear. An open space extending the full width of the lot between a building and rear lot line unoccupied and unobstructed from the ground upward except for the encroachments permitted in this chapter.

Yard, Required. An open space on a lot meeting the requirements of the zone in which said lot is located, and in compliance with all other provisions of this chapter.

Yard Sales, Patio Sales, and Garage Sales. The sale of personal property held at a private residence by the occupant(s), and is limited to the sale of common household goods such as clothing, interior furnishings, small appliances, toys and other similar items.

Yard, Side. An open space between a building and the nearest side lot line, or planned street width line in the case of a corner lot, extending from the front yard to the rear yard, or to the rear lot line if no rear yard is required, and unoccupied and unobstructed from the ground upward except for the encroachments permitted in this chapter.

Zone. An area of land shown on the official zoning map or described in this chapter within which uniform regulations for the uses and development of land set forth in this chapter shall apply. Zone, District, Zone District, and Zoning District shall mean the same.

Zone Change. The legislative act of amending this chapter by removing an area of land from one zone district and placing it in another zone district on the official zoning map.

Zone District. The same as "zone."

Zoning Certification. A determination by the Director of Planning and Development or his authorized representative, that existing or proposed buildings, structures, or uses are in compliance with the requirements of this chapter.

('64 Code, § 12.00; '64 Code, § 15C-1; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 568, passed 10-25-79; Am. Ord. 634, passed 7-28-83; Ord. 699, passed 7-24-86; Am. Ord. 700, passed 9-11-86; Ord. 706, passed 12-24-86; Ord. 712, passed 6-11-87; Ord. 743, passed 1-26-89; Am. Ord. 746, passed 4-13-89; Ord. 793, passed 5-23-91; Am. Ord. 822, passed 3-11-93; Am. Ord. 827, passed 7-29-93; Am. Ord. 846, passed 11-22-94; Ord. 870, passed 6-13-96; Am. Ord. 911, passed 7-13-00; Am. Ord. 1049, passed 12-12-13; Am. Ord. 1050, passed 12-12-13; Am. Ord. 1081, passed 1-26-17; Am. Ord. 1084, passed 3-23-17; Am. Ord. 1085, passed 2-23-17; Am. Ord. 1089, passed 9-28-17; Am. Ord. 1110, passed 6-25-20; Am. Ord. 1118, passed 9-7-21; Am. Ord. 1131, passed 9-5-23; Ord. No. 1134, Exh. A, passed 1-23-2024; Ord. No. 1138, § II(Exh. A), 5-21-24; Ord. 1146, passed 10-15-24)

This section consists of the official zoning maps of the city (on file in the City Clerk's office), and shall show the designations, locations and boundaries of the various zone districts. Said maps are hereby declared to be a part of this chapter.

('64 Code, § 30.00; Am. Ord. 1132, passed 9-5-23)

Notwithstanding any lawful exemptions to zoning regulations, the provisions of this chapter shall not apply to any buildings, improvements, lots or premises owned, leased, operated or controlled by the City or any City project for public purposes.

(Ord. No. 1135, § II(Exh. A), 4-2-24)

(A)

With the submittal of any application, the owner and/or applicant agrees that upon approval of its application, the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City, its agents, officials, officers, employees, departments and agencies from any claim, demands, lawsuits and other actions or proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature) (collectively "Action"), brought against the City, its agents, officials, officers, employees, departments, and agencies, that challenge, attack, or seeks to modify, set aside, void, or annul, any action of or approval by the City concerning:

(1)

Any such approval of the City: and/or

(2)

Any Action brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Sections 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.

(B)

In the event any Action is brought, the City shall promptly notify the owner and/or applicant of the existence of the Action and the City will cooperate fully in the defense of the Action. Nothing in this section shall prohibit the City from participating in the defense of any Action.

(C)

In the event that the owner and/or applicant is required to defend the City in connection with any Action described in this section, the City shall retain the right to approve:

(1)

The counsel defending the City;

(2)

All significant decisions concerning the manner in which defense is conducted; and

(3)

Any and all settlements, which approval shall not be unreasonably withheld.

(D)

The City shall also have the right not to participate in the defense, except that the City agrees to cooperate with the owner and/or applicant in the defense of the Action. If the City chooses to have counsel of its own defend any Action where the owner and/or applicant has already retained counsel, the fees and expenses of the counsel selected by the City shall be reimbursed by the owner/applicant.

(Ord. No. 1135, § II(Exh. A), 4-2-24)

Due to the unique impacts imposed on the properties in close proximity to the freeway, a detailed analysis and an application of high standards of design and quality of improvements are warranted to ensure orderly and consistent development. The principal purpose of the Freeway Overlay Zone shall be:

(A)

To present a positive community identity reflected through the portion of the regional transportation system that traverses the city;

(B)

To establish and maintain a high quality aesthetic appearance, efficient access, and optimum functionality for specially designated properties located adjacent to, directly abutting the freeway, or directly abutting a street adjacent to the freeway through the implementation of design standards as established by this zoning overlay;

(C)

To stimulate continued investment and reinvestment in the properties and businesses within this exceptional location as well as attract uses that benefit from direct regional access and freeway visibility;

(D)

To encourage a creative approach in a development of land and improvements adjacent to the freeway and to allow variety of industrial and commercial uses while maintaining high standards of design and quality of improvements to preserve the quality of life and economic vitality for the city's businesses and residents;

(E)

To establish a basis for reviewing and evaluating projects on a case-by-case basis to ensure high levels of design and quality developments are maintained adjacent to the freeway and to ensure that they achieve the intent of the Freeway Overlay Zone and design standards; and

(F)

To provide a means for requiring review and action on development plans for properties that are within the proximity of a freeway (either directly abutting or separated by a frontage road) by Planning Commission or other necessary approval bodies. The Freeway Overlay Zone is intended to address the special circumstances and potential impacts created by the existence or expansion of a freeway that traverses the community.

(Ord. 931, passed 2-27-03)

The Freeway Overlay Zone shall be in the nature of an overlay zone. Land classified in the Freeway Overlay Zone shall also be classified in one or more underlying zones. Property so classified shall be delineated on the zoning map by a combination of a symbol for the base district followed by a symbol for the Freeway Overlay Zone (such as M-2-FOZ). The regulations set forth in these sections of the Freeway Overlay Zone shall be in addition to those regulations set forth in the underlying zone district. In the event of a conflict between the provisions of the Freeway Overlay Zone and the provisions of the underlying zoning designation, the provisions of the Freeway Overlay Zone shall prevail. If the Freeway Overlay Zone is silent in relation to any development standards, the development standards identified in the underlying zone district shall prevail.

(Ord. 931, passed 2-27-03)

(A)

Purpose. The purpose of the Freeway Overlay Zone is to maintain the land uses permitted within the underlying zone districts, while providing parameters to improve the aesthetic and functional characteristics of properties located adjacent to the freeway.

(B)

Restrictions and conditions. The restrictions and conditions applied to the properties included in the overlay zone shall be those that enhance the vehicular effectiveness, economic vitality and aesthetic appearance of the city from the freeway.

(C)

Principal permitted uses.

(1)

The principal permitted uses, accessory uses and conditional uses permitted in the Freeway Overlay Zone are outlined in the following divisions. Any uses that are not identified in the following divisions are prohibited within the Freeway Overlay Zone.

(2)

The Planning Commission and/or other required approval bodies, after holding a public hearing, may approve a combination of land uses which may include uses other than those permitted in the underlying zone, provided that the approval body finds that the combination of uses will complement each other and will harmonize with existing and proposed land uses in the vicinity.

(D)

Permitted uses. The following list identifies uses that are permitted in the Freeway Overlay Zone:

(1)

Manufacture, processing and assembly of aircraft, automotive, boat or recreational vehicle accessories and parts;

(2)

Manufacture, processing, shaping and or assembly of metal or plastic products, including sheet, tubular, molded, or wire forms;

(3)

Specialized manufacture, processing or assembly of aerospace, military or communications equipment or components;

(4)

Manufacture, processing, or assembly of large and small household appliances, electrical and electronic equipment, tools, and industrial machinery;

(5)

Metal fabricating, heat treating, pickling, and stamping;

(6)

Manufacturing process, including use of lathes, presses, stamping machines, and similar equipment;

(7)

Manufacture of cans, containers, boxes, barrels, bottles, and bags;

(8)

Manufacture, processing and packaging of pharmaceuticals, drugs, toiletries, and cosmetics, except soap;

(9)

Manufacture of scientific, optical, medical, dental, and drafting instruments, orthopedic and medical appliances, watches and clocks, precision instruments, musical instruments, cameras and photographic equipment, except film;

(10)

Manufacturing processes such as the following as long as they are included as part of a primary business activity (not permitted as freestanding operations):

(a)

Blacksmiths;

(b)

Grinding;

(c)

Electroplating;

(d)

Polishing;

(e)

Sheet metal;

(f)

Cabinetry or carpentry;

(g)

Welding;

(h)

Tinsmiths;

(i)

Anodizing;

(j)

Metal engraving; and

(k)

Die and pattern making.

(11)

Manufacturing, compounding, processing, canning or packaging of products such as:

(a)

Bakery goods;

(b)

Candy and soft drinks;

(c)

Dairy products; or

(d)

Food products.

(12)

Production of precious or semi precious metals or stones (excluding the dressing, grinding or cutting of metals or stones);

(13)

Parking, storage, rental, leasing, and sale of boats, recreational trailers and vehicles, mobile homes, office trailers, and automobiles (see also § 155.658);

(14)

Truck sales, retail leasing, service, or repair (see also § 155.657) excluding trucking facilities;

(15)

Motorcycle sales, service, and repair;

(16)

Automobile agency, new or used, automobile accessory and parts store, automobile laundry or carwash, brake relining shops, muffler shops, upholstery and top shops (also subject to § 155.658);

(17)

Plumbing, heating or electrical shops;

(18)

Building material and hardware sales;

(19)

Furniture manufacturing and upholstery, including mattress manufacture, repair, rebuilding and recovering;

(20)

Forklift sales and leasing;

(21)

Machinery sales and service (excluding motor vehicles);

(22)

Art supply and stationary sales;

(23)

Office furniture sales and assembly;

(24)

Servicing of office equipment such as copiers and printers;

(25)

Blueprinting, photocopying, film processing, printing, engraving, and lithographing;

(26)

Warehouses (except those uses involved in the selling, serving, or storage of alcoholic beverages which shall be subject to the requirements of § 155.628);

(27)

Business and professional offices, administrative or executive offices of commercial, financial, or industrial establishments (except those uses involved in the selling, serving, or storage of alcoholic beverage which shall be subject to the requirements of § 155.628);

(28)

Banks;

(29)

Business, technical, trade or professional schools (less than 50 students);

(30)

Clinics, doctors, engineering, industrial design and other professional offices;

(31)

Scientific research and experimental development laboratories;

(32)

Television and radio broadcasting studios;

(33)

Highway patrol offices or other appurtenant facilities;

(34)

Sit-down restaurants, cafes, cafeterias, or drive-through restaurants; and

(35)

Other similar uses which the Commission, after study and deliberation, finds not to be inconsistent with the purpose of this section, and which would be similar to the uses listed as permitted uses and would be compatible with those uses.

(E)

Conditionally permitted uses.

(1)

Transit stations and transportation facilities.

(2)

Hospitals and ambulance services.

(3)

Business, technical, trade or professional schools (50 students or more).

(4)

Drive in theatres and swap meets conducted in connection with a drive in theatre operation.

(5)

Hotels and motels.

(6)

Radio and television transmitter towers higher than 50 feet above ground level.

(7)

Service stations.

(8)

Public, private or quasi-public uses of an educational or recreational nature.

(9)

Towing services.

(10)

Regional commercial and retail uses five acres or more in size.

(11)

Billboards, including but not limited to electronic and digital billboards.

(F)

Accessory uses permitted.

(1)

Employee recreational facilities and play areas.

(2)

Restaurants, cafes, coffee shops, or cafeterias operated in conjunction with permitted use for the convenience of persons employed upon the premises (except those uses involved in the selling, serving, or storage of alcoholic beverages which shall be subject to the requirements of § 155.628).

(3)

Commercial sales and service incidental to a principal permitted use.

(4)

Storage buildings incidental to a permitted use.

(5)

Other accessory uses and buildings customarily appurtenant to a permitted use.

(G)

Preferred uses.

(1)

The intent of the Freeway Overlay Zone is to create a vibrant hub of commercial and industrial activity that serves as an attractive window into the city.

(2)

As such, regional commercial and industrial uses as well as freeway oriented uses are highly encouraged (preferred) for non-residential properties that are located adjacent to, or visible from the freeway.

(3)

Single-tenant uses are also preferred in commercially and industrially zoned properties that are visible from the freeway or accessible from the on and off ramps.

(Ord. 931, passed 2-27-03; Am. Ord. 1036, passed 11-20-12; Am. Ord. 1058, passed 8-28-14; Am. Ord. 1090, passed 9-28-17)

(A)

Development plan approval shall be required for the establishment of any building or structure, or an improvement or change to any building or structure within a Freeway Overlay Zone, unless the underlying zone district specifies a conditional use permit is required to establish a specific use.

(B)

At the discretion of the Director of Planning and Development, administrative approval may apply to any permitted use or change of use that would not significantly affect the nature or appearance of the premises involved. Such actions shall be excluded from the requirements of this section. All uses not identified as permitted uses are prohibited or require a conditional use permit. Fences, walls, signs, and similar types of improvements, or additions or alterations that will not significantly affect the appearance or function of existing uses will require administrative approval only.

(C)

The Planning Commission and/or other required approval bodies, shall have the authority to grant, conditionally grant, or deny a conditional use permit or request for development plan approval, based upon evaluation of the plans, supporting documentation, knowledge of existing circumstances, and the applicable provisions of this chapter.

(Ord. 931, passed 2-27-03)

(A)

Development plan approval. Projects within the Freeway Overlay Zone requiring Development Plan Approval will be subject to the provisions outlined in §§ 155.735 through 155.747.

(B)

Conditional use permit. In considering an application for a conditional use permit in the Freeway Overlay Zone, the Commission, in addition to all other applicable provisions of this chapter pertaining to conditional use permits, shall evaluate probable future development of adjoining properties and surrounding areas and shall take into consideration the following criteria:

(1)

The location, siting, and arrangement of uses, buildings, structures and facilities shall be coordinated in such a manner as to provide for efficiency, convenience, safety, and a high standard of design in the proposed development as well as to provide for compatibility with adjoining properties and surrounding areas.

(2)

The location size and quality of design of landscaping, architectural walls, signs and other design features shall be compatible with other uses, buildings, structures, and facilities within the proposed development as well as with adjoining properties and surrounding areas.

(3)

The proposed development shall be in conformance with the overall purposes and objectives of this chapter and is consistent with the goals, policies, and programs of the General Plan.

(C)

Variances. The retention of existing businesses in existing locations to the maximum extent possible may require the reduction, on a case-by-case basis, of specific development standards to preserve the overall image, character, and functionality of a property or business located within the Freeway Overlay Zone. In addition to the considerations set forth in § 155.675, the Planning Commission shall take into consideration the following criteria prior to the application of development standards less than those required in the underlying zone district and/or this section.

(1)

Special circumstances are creating extraordinary impacts on an existing building, structure, or property thus preventing the site from complying with development standards outlined in the underlying zone district.

(2)

There are particular physical circumstances including, but not limited to, loss of access, reduction of lot size, or a reduction of required setbacks that, under existing regulations, results in a hardship versus a mere inconvenience. As such, the subject property cannot be used or function appropriately under the strict application of the underlying development standards.

(3)

That the circumstances/difficulties are not created by any person presently having an interest in the property, but instead were imposed upon them as a result of the actions of an outside party.

(4)

That the circumstances will create a hardship for the existing use such as structural impacts that severely impede the functionality of business operations to the point where they are non-operational.

(Ord. 931, passed 2-27-03)

These property development standards are to be applied in addition to those identified in the underlying zone district. In the event that the Freeway Overlay Zone is silent on a particular issue or topic, the direction provided in the underlying zone district shall prevail.

(A)

Lot size.

(1)

The minimum lot size shall be 43,560 square feet (one acre) for all industrially zoned properties within the Freeway Overlay Zone, as well as commercial uses permitted within those industrial zones.

(2)

Freeway-oriented uses such as gas and service stations, mini-marts, and fast-food restaurants shall be subject to the minimum lot sizes required by the underlying zone district.

(3)

Industrially zoned properties shall comply with the minimum lot width and depth requirements of the underlying zone district.

(B)

Setbacks.

(1)

Industrial uses or commercial uses permitted in an industrial zone that abut freeway frontage roads or any on or off ramp shall have a minimum building setback of 30 feet. The minimum 30-foot-wide required setback area shall be fully landscaped as set forth in § 155.248. Notwithstanding this provision, on any lot containing a building with a height greater than the minimum front yard setback distance of the lot, the front setback shall be one foot for each building height or portion thereof.

(2)

Building structures that are impacted by any roadway expansion (freeway or local streets) may be considered for application of setback requirements that are less than the minimum standards set forth in this chapter when it is determined by the Planning Commission, or other approval body, that the resulting development will be in compliance with the purposes and intent of this zone district.

(C)

Required landscaping for industrial and commercial uses adjacent to the freeway. Because the properties located within the Freeway Overlay Zone have a high level of visual exposure from the freeway, substantial, high quality landscaping is required to maintain the quality image of the city. As such, the landscape requirements for the underlying zone district shall apply in the Freeway Overlay Zones with the following exceptions:

(1)

Industrial and commercial projects built on vacant properties that are visible from the freeway, bridges or overpasses shall comply with the landscape requirements of the underlying zone district and shall utilize a preferred specimen tree as identified by the Planning Director or his designee;

(2)

Where possible, monument structures such as fountains or signs shall be used to aesthetically enhance on and off ramp areas;

(3)

Landscaping located in areas adjacent to on and off ramps shall be intensified to demarcate the area as a "window" into the city. Intensification of landscaping includes the planting of mature "landmark" trees that shall be used to identify important entryways into the city;

(4)

Where there are view corridors from the freeway right-of-way to permitted industrial or commercial uses within the Freeway Overlay Zone, no landscaping shall be used along the freeway to block visibility of these uses. In these areas, landscaping shall be focused within freeway medians, on and off ramps, bridges, and overpasses;

(5)

All projects located within the Freeway Overlay Zone shall comply with the existing landscape requirements outlined in the City's Landscape Guidelines; or

(6)

In the event that a freeway project impacts an existing property in a way that the property no longer complies with the required development standards, the Planning Commission may approve, on a case-by-case basis, reduced building setbacks subject to the approval of a variance. However, the greater the reduction in building setback, the more substantial the landscaping must be to compensate for the loss in setback.

(D)

Parking requirements for auto sales and display. Landscaping for auto sales and display shall make use of low shrubbery and ground cover in planters adjacent to auto display areas. Palm trees and other species with narrow trunks shall be used to maximize the visibility of the display area. Landscape planters are also required adjacent to the building to soften edges and break up long expanses of building walls.

(E)

Planting list for the freeway overlay zone botanical name common name.

(F)

Parkway requirements. The city has instituted an "urban forest" requirement on all new developments to enhance the overall character of the city and to provide additional open space. The urban forest provides raised, meandering, and undulating sidewalks around the perimeters of properties in areas facing city streets.

(1)

Appropriate street trees, shrubs, ground covers and raised lawns shall be planted along the rights-of-way.

(2)

To further encourage the use of the areas as a form of open space, benches and trash receptacles should be placed intermittently near the walkways.

(3)

The maximum height of the undulations should be approximately three feet above street grade, with the minimum height being at least one foot above street grade.

(4)

Sidewalks should be built in a serpentine manner, with the extents moving in five-foot horizontal arcs over 125-foot lengths, using six-foot-wide sidewalks.

(5)

Street trees shall be planted on both sides of the sidewalks.

(6)

Sidewalks should be sloped at a two percent grade toward the street to promote drainage away from concrete surfaces and buildings.

(7)

Specific landscaping and irrigation plans for the urban forest must be provided to the Planning Department prior to development in order to ensure that the proposed development will meet the desired look and feel.

(8)

Copies of an existing urban forest project, known as the Telegraph Corridor Beautification Project, should be reviewed for an illustration of the type of installation the city expects.

(9)

A maximum 25 percent slope shall be provided from the front of the sidewalk to the top of curb.

(10)

To comply with ADA regulations, the sidewalk grade shall not exceed 4.99 percent and the cross slope shall not exceed 2.00 percent.

(G)

Business identification signage.

(1)

All sign requirements identified in the underlying zone district shall apply within the Freeway Overlay Zone, and shall be located as outlined in §§ 155.455 and 155.515 through 155.536 (sign guidelines).

(2)

Freestanding signs are only permitted for the following uses: Automobile, truck and RV sales and leasing.

(3)

Street addresses a minimum of 12 inches in height shall be located on building facades so that they are easily visible from the street.

(4)

Single-user businesses located within the Freeway Overlay zone shall use signage lettering that does not exceed a maximum of 24 inches in height. Letters taller than 24 inches in height may be approved on a case-by-case basis.

(5)

Multi-tenant buildings within the Freeway Overlay Zone shall use signage lettering that does not exceed a maximum of 24 inches in height.

(6)

Roof signs are prohibited in the Freeway Overlay Zone.

(7)

One construction sign per street frontage is permitted within the Freeway Overlay Zone with a maximum sign area of 32 square feet located on a construction site during the course of construction. Removal is required prior to issuance of a certificate of occupancy or final inspection, whichever comes first.

(8)

Pennants or banners corresponding to a city sponsored event or theme shall be mounted on light standards located on private property, a maximum of 30 square feet per pennant, with a minimum eight-foot clearance from the ground. Written text shall be limited to the name and date of the event. Pennants and banners shall be removed within five working days upon the completion of the event.

(H)

Balloons, pennants and inflatables.

(1)

Businesses located within the Freeway Overlay Zone that utilize vehicle sales and display areas shall obtain a banner permit for the use of large displays and inflatables larger than 18 inches in diameter. The displays and inflatables shall be affixed directly to the ground or other stationary object and shall not exceed the height of the tallest building located on the site. No inflatables shall be located on the roof of any structure within the Freeway Overlay Zone.

(2)

Balloon arches shall be permitted so long as they are properly fastened to a stationary object, do not project over the public right of way, are constructed of non-metallic helium balloons, and the height of the arch does not exceed the height of the building structures located on the site.

(3)

Single, non-metallic helium balloons not exceeding 18 inches in diameter may be affixed individually to vehicles.

(4)

All balloons and inflatables shall be fully inflated and affixed to stationary objects at all times. Deflated balloon or inflatable displays shall be promptly removed or replaced. All inflatables and balloons shall comply with the Sign Code, § 155.533 - Maintenance.

(5)

Displays and inflatables shall be limited to a maximum of 12 weekends per calendar year.

(I)

Freeway signage.

(1)

All freestanding freeway signs (those typically installed by Caltrans) shall be located within the freeway right-of-way and landscape buffer/berming areas.

(2)

All pole-mounted directional and informational freeway signs shall be placed on the "freeway side" of soundwalls so that the foundation and pole are screened from residential properties as much as possible.

(J)

Remnant parcels. If remnant parcels are created within the Freeway Overlay Zone, the following should occur:

(1)

Remnant parcels should be consolidated adjacent parcels to eliminate unbuildable and neglected lots;

(2)

Remnant parcels should be offered to the city for purchase to facilitate their consolidation or reuse; and

(3)

Remnant parcels that cannot be developed or consolidated should be landscaped and maintained by the agency that created the remnant parcels.

(K)

Parking and loading.

(1)

Parking requirements within the Freeway Overlay zone shall be consistent with those identified in §§ 155.492 and 155.501.

(2)

Loading doors for commercial and industrial uses shall not front directly on a public street unless screened per § 155.492 and shall be a minimum of 75 feet from any property line adjoining a public street.

(3)

Provision for handling all freight, either by railroad or truck, shall be on those sides of any buildings that do not front on any street or proposed street.

(L)

Non-conforming properties. Properties that do not conform to the development standards set forth in the Freeway Overlay Zone or the underlying zone district are considered non-conforming properties (subject to in §§ 155.385 through 155.397), unless the Planning Commission approves reduced development standards as set forth in this chapter.

(M)

Performance standards. Performance standards in excess of the standards set forth in this chapter may be imposed as conditions of approval where it is determined that more restrictive standards are necessary to protect the public health, safety, and welfare and to produce an overall development that will comply with the purposes and intent of this overlay zone.

(N)

Traffic considerations. Limitation on the intensity and type of land use and location of access points may be imposed in the conditions of approval where required to insure that a proposed development will not generate traffic volumes which would cause traffic congestion or traffic hazards. A traffic study outlining, the anticipated or projected traffic volumes resulting from the implementation of a specific use may be required by The Director of Public Works or his or her designee at the time of entitlement submittal to facilitate proper consideration of the case.

(O)

Permitted noise levels. All uses located within the Freeway Overlay Zone must comply with §§ 155.423 and 155.424 related to permitted noise.

(P)

Vibrations. All properties within the Freeway Overlay Zone shall comply with the requirements addressing vibrations as set forth in § 155.428.

(Ord. 931, passed 2-27-03; Am. Ord. 1036, passed 11-20-12; Ord. No. 1145, passed 8-22-24)

(A)

Application. The following design standards shall apply to all properties located within the Freeway Overlay Zone. The standards will be used during the project review process to ensure the highest level of quality and architecture is applied within the Freeway Overlay Zone. These design standards shall apply to new construction, exterior building or landscaping alterations, and to any modification to an approved landscaping plan.

(B)

Exemptions. When in compliance with all other city ordinances, the following projects are exempt from the provisions of this section:

(1)

Underground construction that will not leave any significant, permanent marks on the surface after completion. Utility boxes, piping and appurtenances are not exempted from these provisions;

(2)

Interior remodeling; and

(3)

Maintenance work on buildings, landscaping, or grounds (including parking lots) that does not significantly alter the appearance or function of the building, landscaping, or site.

(C)

Metal buildings.

(1)

Metal buildings are prohibited within the Freeway Overlay Zone, with the exception of those that are permitted in accordance with § 155.461.

(2)

All metal buildings within the Freeway Overlay Zone shall comply with the provisions identified in Ord. 822.

(3)

Existing buildings or structures having exterior walls and roofs comprised substantially of metal frames or sheet metal shall be refaced and constructed with walls comprised of a non-metallic material. The material used to reface the structure shall be properly integrated into the existing architecture to provide a pleasing, attractive appearance and contemporary architectural design.

(D)

Roofscapes. Due to the high level of visibility of buildings adjacent to the freeway, special emphasis shall be given to the visual appearance of the roof as viewed from the freeway and frontage roads. Roofscapes shall be carefully evaluated during the entitlement review process. Roof materials and design shall be integrated into building design to meet the requirements and characteristics of the Freeway Overlay Zone.

(1)

No equipment or ductwork shall be allowed on the roof of any structure within view from any freeway, bridge or frontage street.

(2)

All mechanical equipment and ductwork shall be constructed within a building structure or completely screened from view.

(3)

The following roof materials may not be used on commercial and industrial buildings visible from the freeway: corrugated metal, highly reflective surfaces and illuminated roofing.

(4)

The roofline at the top of the structure shall not run in a continuous plane for more than one 100 feet without offsetting or jogging the roof plane.

(E)

Architectural treatments.

(1)

Architectural treatments of commercial and industrial buildings located in the Freeway Overlay Zone must be of superior quality and design because of their visibility from the freeway.

(2)

Building design shall be subject to the following requirements:

(a)

All buildings must be constructed of durable, maintenance-free materials;

(b)

Various building materials and colors shall be used to create visual interest. Color bands shall also be used to break up monochromatic walls;

(c)

Architectural treatments shall include variations of mass, height, materials, colors, and textures to maintain a visually appealing appearance along the freeway corridor;

(d)

Reflective windows shall be used at building entryways and "false" reflective windows shall be used to break up monotonous building walls;

(e)

Various types of building cladding shall be used to produce different texture, shade, and shadow effects;

(f)

All buildings should feature a dominant (main) color on all elevations. Light colors in the white, cream and tan ranges are preferred;

(g)

Buildings may use up to three contrasting colors that complement the building's dominant color. Use of more than three contrasting colors is subject to approval by the Planning Director. Contrasting materials, textures, and colors shall be used to add emphasis to building entrances and to articulate long expanses of building walls;

(h)

Facades fronting or clearly visible from the key streets shall be especially attractive. Long, unarticulated facades are prohibited and wall shall not run for more than 50 feet in one continuous plane without significant enhancements. Enhancement features include: entry augmentations, horizontal offsets, change in roofline, unique corner treatment, reveal lines, building offsets, facade pop-outs, off-set bricks, window frames, glass treatments and changes in materials (tile or masonry materials), colors, texture and finishing. Public art, murals (does not include signage and advertisements), and rich landscaping are also an acceptable option to enhance building facades. Windows and doors are key elements of any structure's form and shall relate to the scale of the elevation on which they appear. Recessed openings help to provide depth and contrast on elevation planes. Approximately 1/3 of the building frontage shall incorporate window treatments for any structure located within the Freeway Overlay Zone;

(i)

Blank front and side wall elevations shall be prohibited on street frontages;

(j)

Buildings and main business entrances shall be oriented toward key streets. Other entryways may be used on other sides of properties to allow passage from parking areas;

(k)

The Director of Planning and Development may grant exceptions or modifications to the aforementioned design standards for building facades or elevations that are not visible from the freeway, freeway on or off ramps, bridges, or local roads as determined by the Department of Planning and Development; and

(l)

Projects within the Freeway Overlay Zone are subject to the Art in Public Places Ordinance (Title III, Chapter 38).

(F)

Soundwalls.

(1)

Soundwalls shall be used to minimize the visual, acoustic, and physical impacts generated by vehicles traveling along the freeways.

(2)

Soundwalls shall be designed with a unifying theme to increase the visual continuity of the corridors and establish visual links with other aesthetic components in the corridors.

(3)

Long expanses of blank walls shall be prohibited. Such walls are more susceptible to graffiti, leading to higher maintenance costs and unnecessary visual blight.

(4)

Use of undecorated block walls is prohibited within freeway corridors.

(5)

Soundwall base colors shall consist of natural earth tones such as tan, rust, brown, or gray. Additional accent colors and patterns may be used to enhance the appearance of the soundwalls subject to approval by the Planning Director or his or her designee.

(6)

The following design features shall be incorporated into all soundwalls:

(a)

An architecturally appealing relief or scoring combined with climbing vines;

(b)

Variations in texture and color;

(c)

Use of multiple building materials or their likeness; and

(d)

A tiered or "step-down" treatment to transition the wall back to landscape areas.

(G)

Bridge and overpass treatment.

(1)

Bridges and overpasses shall be heavily landscaped, integrate interesting architectural features, and/or incorporate public art.

(2)

Landscaping treatments shall use creeping vines, trees, or other plants suitable to the local environment.

(3)

Landscaping shall be used so that at least 50 percent of the blank portions of a bridge or overpass wail shall be screened. Screening options shall include public art, attractive architectural features, or unique building materials.

(4)

Sufficient lighting shall be included on, underneath, and around bridges and overpasses to enhance safety for pedestrians and vehicles.

(5)

Architectural features shall be incorporated into all overpasses and bridges to enhance the appearance of the functional elements.

(6)

Public art used on bridges and overpasses shall portray images unique to the city and shall be commissioned by local artists when possible.

(H)

On and off ramp treatment.

(1)

On and off ramps represent the area of transition for motorists between the local street network and the freeway.

(2)

Ramps shall be heavily landscaped and contain attractive, high quality fencing or soundwall materials.

(3)

Non-plant materials shall be arranged in an attractive manner and be consistent with design themes present throughout the corridors.

(Ord. 931, passed 2-27-03; Am. Ord. 1090, passed 9-28-17)

It is anticipated that, in the future, the freeway right-of-way may have the potential to impact residential properties. While not identified in detail at this time, the city will be establishing appropriate zoning provisions to regulate:

(A)

Appropriate landscape buffers between residential properties and the freeway right-of-way;

(B)

Required fencing and fencing materials for properties adjacent to the freeway;

(C)

Replacement/relocation requirements for potentially impacted "pocket parks" located within residential neighborhoods;

(D)

Site development standards for residential properties directly impacted by expanded freeway right-of-way;

(E)

Residential street standards involving related or impacted local streets; and

(F)

Sound-reducing construction techniques that minimize the level of ambient noise generated by freeway traffic.

(Ord. 931, passed 2-27-03)

The following definitions shall apply unless the context clearly indicates or requires a different meaning. General definitions are contained in § 155.003.

Accessory Uses. A use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use.

Adjacent. When used to refer to a billboard adjacent to a freeway, shall mean located within, either in whole or in part, in an area formed by measuring 660 feet laterally from the edge of the right-of-way of a landscaped freeway section along a line perpendicular to the center line of the freeway (as defined in California Code of Regulations, Title 4, Chapter 1, § 2242).

Balloons and Inflatables. Any inflated object including, but not limited to, blimps, nylon tubes inflated by fans, advertising balloons, large-scale character replicas, balloon arches, used to attract attention to a site.

Billboard. A sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located. This includes, but is not limited to, electronic billboards, building graphics, supergraphics, building wraps, and wall drop signs containing off-site messages, and billboards painted or applied to building walls. The terms Billboard and Off-Premises Sign may be used interchangeably to mean the same thing.

Billboard, Electronic. A billboard, utilizing digital message technology, capable of changing the static message or copy on the sign electronically, such that, the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements and can be changed or altered electronically. This includes billboards with displays that have to be preprogrammed to display only certain types of information (i.e., time, date, temperature) and billboards whose informational content can be changed or altered by means of computer-driven electronic impulses. This includes, without limitation, billboards also known as digital billboards or LED billboards.

Billboard, Static. A billboard that does not utilize digital message technology and instead uses "static" print/or pictures, for the advertisement of a business, commodity, service, thing, message, or entertainment conducted, sold, or offered elsewhere than upon the lot on which that sign is located.

Ductwork. Pipes, methane gas safety valves, vents and similar appurtenances that may be visible from the exterior of a building.

Facades. The front elevation of a building or structure. Includes architectural treatment to the elevation, materials used and fenestration.

Freeway. A highway in which the owners of adjoining lands have no right or easement of access to or from their adjoining lands, or in respect to which such owners have only limited or restricted right of easement of access and that is declared to be such in compliance with the California Streets and Highways Code, including principal roadways, interchange roadways connecting one freeway with another, and ingress and egress ramps connecting the freeway with other streets or highways, but not including frontage roadways.

Freeway Landscape Buffer. Required landscape area that separates a freeway from a residential use. These buffers include soundwalls and berming at a 2:1 slope.

Freeway-Oriented. With respect to billboards, shall mean any billboard that is adjacent to a freeway, as set forth above, and designed to be viewed primarily by persons traveling on the main-traveled way of the freeway.

Freeway Oriented Uses. Uses such as drive through restaurants, service stations and other miscellaneous uses that traditionally serve freeway users. These businesses generally are geared toward and depend upon the drive by traffic from the freeway to draw in business.

Freeway Sign. A freestanding sign with the sole purpose of providing direction, information, and posted speed limits for vehicular traffic within the freeway right of way.

Landscaped Freeway. A freeway or section thereof which is improved on at least one side of the right-of-way with the planting of trees, shrubs, vines, ground cover, lawns, flowers or other ornamental vegetation for the purpose of beautification.

Overpass. Bridge or other structure that allows traffic from city streets to cross over a freeway without impeding the freeway's traffic flow.

Remnant Parcels. Parcels that are left over as a result of a public improvement project, which are typically not large enough to accommodate development that complies with required development standards such as minimum lot width, depth, or setbacks.

Roof Sign. An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign that is greater in height than the building it identifies.

Soundwall. Wall that is constructed to protect sensitive uses from the impacts of a freeway. Generally, soundwalls are constructed to help minimize the noise levels generated by the traffic traveling the freeway.

Supergraphic. A sign, containing either on-site or off-site advertising, consisting of an image that is applied to and made integral with a wall, or projected onto a wall, or printed on vinyl, mesh, or any other material, or other light pliable material not enclosed in a rigid frame. The term Supergraphic also shall include signs known as "building wraps."

View Corridors. An unobstructed view from the freeway to a place of business, taking into account the likely ultimate development of surrounding properties based on current general plan and zoning regulations.

(Ord. 931, passed 2-27-03; Am. Ord. 1036, passed 11-20-12; Am. Ord. 1092, passed 5-24-17)

Purpose. Billboards are recognized as a legitimate form of commercial use in the city. However, the size, number, location and illumination of billboards can have significant influence on the city's visual environment, and can, without adequate control, create or contribute to blighted conditions. The purpose of this section is to provide reasonable billboard control, recognizing that community appearance is an important factor in ensuring the general community welfare. This section contains the entirety of the city's zoning regulations with respect to billboards in the Freeway Overlay Zone ("FOZ"). In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provision contained in this section shall prevail.

(A)

Use regulations. Billboards shall be allowed in the FOZ not more than 200 feet from the centerline of the freeway and only after a valid conditional use permit has first been obtained and a development agreement has been approved. A conditional use permit shall be obtained and a development agreement shall be entered into prior to the issuance of a building permit for any project involving construction of a new billboard, expansion or modification of a billboard, or addition of additional face(s) to a billboard. A development agreement shall include the amount of money to be paid to the city as a result of the installation and operation of the billboard.

(B)

Separate applications. Each individual proposal for construction of a new billboard, or modification of a billboard, shall be considered a separate application, and each application shall be separately and individually subject to the provisions in this code relating to conditional use permits, and the provisions and requirements of this section. Multiple sites shall not be combined into one application.

(C)

Required findings. In addition to the required findings for a conditional use permit (§ 155.716), the Planning Commission or City Council, as applicable, shall not approve a conditional use permit for any billboard project unless it can make a finding that the billboard will not constitute a hazard to the safe and efficient operation of vehicles upon a street or freeway.

(D)

Locations allowed. Billboards shall be allowed only in the FOZ.

(E)

Locations prohibited.

(1)

On the roof of a building or projecting over the roof of a building, whether the building is in use or not.

(2)

On the wall of a building or otherwise attached or integrated to, or suspended from a building.

(3)

On or encroaching over the public right-of-way.

(4)

Within a classified "Landscaped Freeway" pursuant to the State Outdoor Advertising Regulations, § 2500 through 2513.

(5)

Within any landscaped freeway area under the jurisdiction of the California Department of Transportation, unless there is a relocation agreement between the outdoor advertising structure owner and the California Department of Transportation.

(6)

Within 300 feet of an intersection of highways or of highway and railroad right-of-way, but a sign may be located at the point of interception, as long as a clear view is allowed for 300 feet, and no sign shall be installed that would prevent a traveler from obtaining a clear view of approaching vehicles for a distance of 500 feet along the highway.

(7)

In no event shall any billboard be permitted in any location which would result in a violation of any applicable federal or state law.

(8)

More than 200 feet from the centerline of a freeway.

(F)

Landscape segment relocation credits. No new billboard shall be constructed or installed within the city through utilization of credits given by the California Department of Transportation or state for relocation of billboards located in landscaped freeway segments, unless mandated by state law. This shall include credits for billboards located either within the city or in other jurisdictions.

(G)

Types of billboards prohibited. The following types of prohibited billboards are specified for clarity. However, this shall not limit the types of prohibited billboards to those described below:

(1)

Mobile billboards. To the extent not in conflict with any provision of the Vehicle Code, any 'mobile billboard advertising display,' as that term is defined in the Cal. Vehicle Code § 395.5, including any billboard installed upon, mounted, attached, or applied to any vehicle, non-motorized vehicle, bicycle, scooter, or trailer whose primary purpose is conveyance, transportation, or support of the billboard message surface shall be prohibited from any display or placement on public or private property or the public right-of-way in a manner making it visible from any other public or private property or the public right-of-way.

(2)

Supergraphics. Any off-site advertisement meeting the definition of "supergraphic" as defined in § 155.383 shall be prohibited.

(3)

Static billboards. Any off-site advertisement meeting the definition of "Billboard, Static" as defined in § 155.383 shall be prohibited.

(H)

General requirements.

(1)

Maximum advertising copy area. The maximum advertising copy area of each billboards face shall be 672 square feet per face (e.g., 14 feet x 48 feet). Measurement of the maximum advertising copy area includes only the measurement of the billboard face, exclusive of architectural elements which may extend up to two feet on either side and/or below the advertising copy.

(2)

Maximum height. The maximum height of billboards shall be 50 feet, measured from the finished grade at the base of the sign to the top edge of the billboard face. This excludes architectural elements which may extend up to six feet above the 50 feet limit.

(3)

Maximum number of signs. No property (defined as a single parcel or two or more contiguous parcels under common ownership) shall have more than two billboards.

(4)

Minimum distance from another billboard or freestanding sign on the same parcel. The minimum distance from another billboard or freestanding sign on the same property shall be 500 feet as measured from the vertical centerline of each billboard or freestanding sign.

(5)

Minimum distance from another billboard on the same side of the freeway. The minimum distance from another billboard not on the same property but on the same side of the freeway shall be 1,000 feet, as measured from the vertical centerline of each billboard.

(6)

Minimum setback. The minimum setback distance of the billboard column support post shall be at least 25 feet from any property line and at least 25 feet from any building. Notwithstanding, no portion of a billboard shall project over the width of any street, highway or other public right-of-way.

(7)

Maximum number of faces. No billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed (no V-shape billboards shall be allowed except as provided in division (H)(14) of this section).

(a)

The two faces of two-sided billboards shall be identical in size.

(b)

The two faces shall be attached directly and be parallel to each other.

(c)

The top, bottom and sides of the two faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face. Architectural elements shall also be aligned on both sides of the billboard.

(8)

Face orientation. No billboard shall have more than one face (display surface) oriented in the same vertical plane.

(9)

Name of owner. No billboard shall be maintained in the city unless the name of the person or company owning or maintaining it and the identifying number of the billboard are plainly displayed thereon.

(10)

Driveways. Billboards projecting over a driveway or driving aisle shall have a minimum clearance of 16 feet between the lowest point of the face, including architectural elements, and the driveway grade.

(11)

Pedestrian walkway. Billboards projecting over a pedestrian walkway shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and the walkway grade.

(12)

All others. All other billboards shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and ground level so as not to provide an attractive nuisance for graffiti and vandalism.

(13)

Screening. back or rear portions of single-faced or double-faced billboards visible from a public right-of-way or other public or private property shall be screened. The screening shall cover all structural members of the billboard, not including the pole supports.

(14)

V-Shape billboards. V-Shape billboards shall not be located immediately adjacent to another V-Shape billboard on the same side of the freeway. In addition to the standard requirements for double-sided billboards, a V-Shape billboard shall comply with the following:

(a)

The maximum angle of the opening shall be 30 degrees.

(b)

All exposed backs, sides and under area shall be suitably screened by a material acceptable to the Director of Planning or designee.

(15)

Additional requirements. Prior to issuance of a building permit for any billboard project subject to the requirements of this chapter, the applicant shall provide the following:

(a)

The telephone number of a maintenance service, to be available 24 hours a day, to be contacted in the event that a billboard becomes dilapidated or damaged.

(b)

Proof of lease demonstrating a right to install the billboard on the subject property.

(c)

A list of locations of all billboards in the city owned or managed by the entity that will own or manage the subject billboard, and all billboards within 1,000 feet of the proposed billboard. This information also shall be provided on a map. The intent of this requirement is to facilitate analysis of the proposed billboard's compliance with the spacing and location requirements.

(I)

Standards of design.

(1)

All new billboards shall be designed to have a single (steel) cylindrical column support post.

(2)

All new billboard structures shall be free of any bracing, angle iron, guy wires, cables, and/or similar supporting elements. All exposed portions of billboards, including backs, sides, support members and support poles, shall be screened to the satisfaction of the Director of Planning or designee.

(3)

The installation of any new billboard shall not require the removal of trees or other on-site landscaping or the reduction of any required on-site parking spaces.

(4)

The backs of all new billboard structures shall be screened, encased, or otherwise suitably covered.

(5)

The torsion bar of all billboards shall be screened by a material acceptable to the Director of Planning or designee or contained between the sign faces of the billboard whereby it is not visible.

(6)

The single (steel) cylindrical column support post of all billboards shall be provided with a façade acceptable to the Director of Planning or designee.

(J)

Design and operational restrictions.

(1)

Each digital billboard shall be constructed to withstand a wind pressure of 20 pounds per square foot of exposed surface.

(2)

No billboard shall display any statement or words of an obscene, indecent or immoral character.

(3)

No billboard shall display any advertising of: products, goods, or services related to tobacco, marijuana, or illegal substances; or sexually explicit material or adult-type land uses, including but not limited to nude or topless bars or nightclubs, or establishments that feature nude or topless dancing or mud wrestling, or businesses featuring the sales of adult novelty items, books, magazines, videos, DVDs or tapes.

(4)

No digital billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature and smog index units, provided the frequency of change does not exceed four-second intervals.

(5)

No digital billboard shall include any illumination or message change that is in motion or that change or expose a message for less than four seconds. Continuous motion, including full motion video, shall not be permitted.

(6)

The utilities of each digital billboard shall be underground.

(7)

Each digital billboard shall be tied into the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts").

(8)

Each digital billboard shall comply with all applicable federal, state, and local laws and regulations, including, but not limited to, the Highway Beautification Act of 1965 (23 U.S.C. 131), the California Outdoor Advertising Act (Cal. Bus. and Prof. Code §§ 5200 et seq.), and the California Vehicle Code.

(9)

Each digital billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions. So on overcast or poor weather days, the sign would automatically adjust to the ambient light level.

(10)

Each digital billboard shall be designed to either freeze the display in one static position, display a full black screen or turn off in the event of a malfunction.

(11)

No digital billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to a radio frequency identification device, geographic positions system, or other device.

(12)

Walls or screens at the base of the digital billboard shall not create a hazard to public safety or provide an attractive nuisance.

(13)

No digital billboard shall emit audible sound, odor or particulate matter.

(14)

No digital billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."

(15)

No digital billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Cal. Vehicle Code § 21466.5.

(K)

Outdoor Advertising Permit. Outdoor advertising displays require a permit from Caltrans if they are located within 660 feet from the edge of the right-of-way and viewed primarily by persons traveling on a freeway.

(Ord. 1036, passed 11-20-12; Am. Ord. 1092, passed 5-24-17)

This chapter establishes uniform provisions for the regulation of nonconforming land uses, development (including structures and improvements), and lots that were lawfully established but do not comply with the current requirements of this chapter ("nonconforming situations"). The overall intent of this chapter is to protect public health, safety, and general welfare while allowing reasonable use of private property by:

(A)

Limiting the number and extent of specific nonconforming uses and development that conflict with the provisions of this chapter by prohibiting their reestablishment after abandonment;

(B)

Limiting the extent to which nonconforming uses and development that are involuntarily damaged or destroyed can be restored;

(C)

Allowing for the continuation and maintenance of nonconforming uses and development until they are redeveloped;

(D)

Establishing procedures and criteria for evaluating the allowable enlargement of specific nonconforming uses and development;

(E)

Limiting the alteration, enlargement, or relocation of nonconforming uses and development in a manner that would further increase the difference between existing nonconforming conditions and the current provisions of this Zoning Ordinance; and

(F)

Complying with the nonconforming use provision of the General Plan.

(Ord. No. 1145, passed 8-22-24)

(A)

So long as a nonconforming situation exists upon a site, such situation may continue without any time limitation on its continued presence, provided that such nonconforming situation complies with all applicable provisions of this Chapter.

(B)

No new use or structure may be constructed, established, or installed on a site with a nonconforming situation except as allowed by this chapter.

(C)

In addition to the general requirements in Sections 155.387 through 155.390, properties with nonconforming situations are subject to the standards and procedures for each type of nonconforming situation that is applicable to that property.

(1)

Nonconforming lots are subject to Section 155.391.

(2)

Nonconforming developments (except nonconforming signs) are subject to Section 155.392 and Section 155.395.

(3)

Nonconforming uses are subject to Sections 155.393 through 155.396.

(4)

Nonconforming signs are subject to Section 155.397.

(Ord. No. 1145, passed 8-22-24)

(A)

Public Utilities. The Director of Planning or designee, by written findings, may determine that a particular public utility facility or installation, nonconforming to the requirements of this chapter, is necessary to serve the areas in which it is located. Said public utility facility may then be expanded or altered, provided:

(1)

The facility does not extend beyond the boundaries of the existing site or of the site approved by the city for such use; and

(2)

The addition, extension, or alteration complies with all other performance standards provisions of Sections 155.415 through 155.433.

(B)

Uses Requiring Conditional Use Permits. Notwithstanding the other provisions of this chapter, no use identified in this Zoning Ordinance as a "conditional use" that was lawfully in existence as of the effective date of these regulations shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Sections 155.710 through 155.724; provided that:

(1)

Use allowed with Conditional Use Permit approval. A land use that was legally established without a Conditional Use Permit, but which would be required under the current Zoning Ordinance provisions to have Conditional Use Permit approval, shall only be altered or enlarged in conformance with this chapter.

(2)

Use no longer allowed with Conditional Use Permit approval. A land use that was established with Conditional Use Permit approval, but which is no longer allowed with Conditional Use Permit approval by current Zoning Ordinance regulations, may continue in compliance with the original Conditional Use Permit. Such use may be expanded or altered only in conformance with this chapter.

(Ord. No. 1145, passed 8-22-24)

(A)

Uses or developments that were not lawfully established do not have a legal right to continue as nonconforming situations as defined by this chapter and must be removed immediately.

(B)

Nonconforming situations shall have the following meanings:

(1)

A nonconforming lot means a lot that was lawfully established but does not meet the requirements of the zone in which it is located.

(2)

A nonconforming development means a structure, building, or site improvement, such as an off-street parking facility, that was lawfully established in compliance with the applicable zoning regulations in effect at the time of construction but which no longer complies with the applicable development standards of the zone in which it is located, such as setbacks, buffers or yards, area, bulk, height, density, or parking. A structure, building, or site improvement shall be considered legally conforming, and not subject to this chapter, if the nonconformance was previously approved through a Variance, Modification, Conditional Use Permit or Development Plan Approval procedure, or is subsequently approved through a Conditional Use Permit procedure as per Section 155.395.

(3)

A nonconforming use means a use of land or a structure that was lawfully established in compliance with the applicable zoning regulations in effect at the time it was established but which no longer complies with the applicable regulations of the zone in which it is located. A use shall be considered legally conforming, and not subject to this chapter, if the nonconformance is subsequently approved through a Conditional Use Permit procedure as per Section 155.395.

(C)

When submitting a development application to expand a nonconforming situation or otherwise establish that a lot, use, or development is a legal nonconforming situation, the property owner or applicant must document that a nonconforming situation was legally established on its present site. The city, at the request of the property owner or applicant, will provide the property owner or applicant with all records to the extent they are in the city's possession. Evidence that the situation was legally established shall depend upon the type of nonconforming situation, as follows.

(1)

For nonconforming lots, the property owner or applicant must document when the lot was lawfully created in accordance with Section 155.391.

(2)

For nonconforming development or nonconforming uses, the property owner or applicant must provide building, land use, or development permits. For development or uses that did not require a permit when lawfully established, the property owner or applicant must provide other evidence that clearly shows the date the development or use was established such as dated aerial photographs.

(3)

In addition, for nonconforming uses, the property owner or applicant must document that the use has not been discontinued for a period of more than 18 months, except that retail uses shall not have been discontinued for a period of more than 24 consecutive months consistent with Section 155.394.

(Ord. No. 1145, passed 8-22-24)

Any nonconforming use or development dependent upon a building or structure that has been declared a "public nuisance" and ordered demolished pursuant to Santa Fe Springs Municipal Code Section 95.07 will lose its nonconforming status upon that notice unless the nuisance is abated in accordance with that section. Nonconforming uses or nonconforming developments that have been intentionally destroyed by the owner shall lose their legal nonconforming status.

(Ord. No. 1145, passed 8-22-24)

The following provisions shall apply to all nonconforming uses, structures, and lots existing as of the effective date of this chapter:

(A)

The nonconforming status of a lot, development, or use shall not be affected by changes in ownership or tenancy; and

(B)

Except as specified herein, a nonconforming situation must maintain compliance with any and all conditions of approval previously established through prior land use reviews.

(Ord. No. 1145, passed 8-22-24)

(A)

Determination of nonconforming status. A nonconforming lot of record that does not comply with the current access, area, or dimensional requirements for the zoning district in which it is located shall be considered to be a legal building site if it meets one of the criteria specified by this section. The applicant shall be responsible for providing sufficient evidence to establish the applicability of one or more of the following to the satisfaction of the city.

(1)

Approved subdivision. The lot was created through a subdivision approved by the city or the county, before incorporation.

(2)

Variance, modification permit, or lot line adjustment. The lot was approved through the variance procedure (Sections 155.670 through 155.682), the modification procedure (Sections 155.690 through 155.702), or its current configuration resulted from a lot line adjustment.

(3)

Partial government acquisition. The lot was created in conformity with the provisions of the Zoning Ordinance but was made nonconforming when a portion of the lot was acquired by a governmental entity.

(4)

Individual lot otherwise legally created. The lot was legally created before the effective date of the chapter that made the lot nonconforming.

(B)

Further subdivision prohibited. Where structures have been erected on a nonconforming lot, the lot may not be later subdivided, nor can lot lines be altered through a lot line adjustment.

(Ord. No. 1145, passed 8-22-24)

(A)

Nonconforming Development, Generally. A nonconforming development may be maintained, repaired, improved, altered, remodeled and continued, and is not subject to the requirements in Section 155.395, provided any such maintenance, repair, improvement, alteration or remodeling work does not increase its nonconformity with the applicable standards of the Zoning Ordinance. A nonconforming development that houses one or more nonconforming uses shall also be subject to the provisions of this chapter applicable to nonconforming uses.

(B)

Expansions of a Nonconforming Development.

(1)

Except as specified in Sections 155.392(8)(2) through (8)(6), a nonconforming development or portion thereof may be expanded, and is not subject to the requirements of Section 155.395, if the proposed expansion:

(a)

Satisfies all of the applicable current requirements of the Zoning Ordinance; and

(b)

Does not increase its nonconformity with the applicable standards of the Zoning Ordinance, except as allowed by Section 155.395.

(2)

Developments that are nonconforming only in regard to required distances between buildings may be expanded in accordance with the following:

(a)

Provided that any expansions must not encroach into the required distances between buildings to a greater extent than the existing structure;

(b)

The encroachment of said expansions must not exceed one-half of the width of the required distances between buildings; and

(c)

Complies with all applicable requirements of the California Fire Code and Building Code.

(3)

Structures that are nonconforming only in regard to height may be expanded, provided that any expansions must conform to the height regulations and to all other provisions of the Zoning Ordinance.

(4)

For developments that are nonconforming as to the regulations relating to off-street parking and loading facilities, such uses may be continued in the same manner as if the parking and loading facilities were conforming, except as needed to comply with Americans with Disabilities Act (ADA) and any applicable state or local disability access statute. However, such parking and loading facilities as do exist may not be further reduced with respect to number provided, dimensions, and any other relevant requirement. No increase in the intensity of use of any building, structure, or premises through the addition of dwelling units, floor area, seating capacity, or other units of measurement specified in the Zoning Ordinance shall be permitted except in accordance with the following requirements:

(a)

Suitable substitutions are made that would meet the requirements of the Zoning Ordinance.

(b)

For residential dwellings with one parking space in a garage or carport, the intensity of use may be increased up to 60 percent in floor area without requiring a second parking space in a garage or carport.

(5)

Sheet-metal buildings that are nonconforming only in regard to sheet-metal siding or Quonset-type construction may be altered, added to, or enlarged, provided that any alterations, additions, or enlargements must conform to all of the provisions and regulations of the Zoning Ordinance.

(6)

A nonconforming development may be altered or enlarged so as to further decrease the difference between existing conditions and the current applicable development standards in this chapter.

(C)

Damage or Partial Destruction of a Nonconforming Development. When a nonconforming development is damaged or partially destroyed by fire or other causes not caused by the intentional misconduct of a property owner or person acting on the owner's behalf, it may be rebuilt in-kind within the footprint of the damaged or destroyed improvement and any existing nonconforming use of the development may continue, provided:

(1)

The cost of repair or reconstruction does not exceed 75 percent of the appraised value or replacement value of the building or structure, whichever is higher. The determination of the appraised value shall be made by a professional appraiser approved by the city, whose fee shall be paid by the building owner. If the cost of repair or reconstruction exceeds 75 percent of the appraised value or replacement value, whichever is higher, the development may not be rebuilt, except in full conformance with the current provisions of the Zoning Ordinance.

(2)

Replacement Value Calculation. The extent of damage or partial destruction shall be determined by comparing the estimated cost of restoring the structure to its condition before the damage or partial destruction based on current Building and Fire Code requirements to the estimated cost of duplicating the entire structure, also based on current Building and Fire Code standards, as it existed before the damage or destruction occurred. Estimates for this purpose shall be reviewed and approved by the Building Official.

(3)

Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all applicable Building and Fire Code requirements, provided that an application for a building permit is submitted within 18 months after the date of the damage or destruction, and the construction is diligently pursued to completion. This time period shall be extended if the property owner can provide evidence, to the satisfaction of the Building Official, that delays due to insurance or other circumstances beyond the control of the property owner, as verified by the Building Official, prevent meeting the 18-month time frame.

(4)

The replacement improvements shall not increase the degree of nonconformity beyond that of the previously existing improvements, as determined by the Building Official.

(D)

Roadway Access. The owner of a nonconforming driveway approach or access to a public street or highway, upon receiving land use or development plan approval, may be required as a condition of approval to bring the nonconforming access into conformance with city standards.

(Ord. No. 1145, passed 8-22-24)

(A)

Except as specified in Section 155.393(8), a nonconforming use may be maintained, repaired, improved, altered, internally remodeled and continued, provided there is no material expansion of the floor area occupied by or devoted to the nonconforming use, except as allowed by this chapter.

(B)

Whenever any of the following facts are found to exist with reference to a nonconforming use, the nonconforming protection/benefits provided by this chapter shall cease except as otherwise allowed by this chapter:

(1)

The license or permit that is required to operate the nonconforming use has been revoked or terminated; or

(2)

There has been a violation of the provisions of this chapter regarding change of use, alteration, or expansion of the nonconforming use.

(C)

A nonconforming use may be changed to a conforming use, provided that any part of a structure or land occupied by a nonconforming use that is changed to or replaced by a conforming use shall not again be used or occupied by a nonconforming use.

(D)

The area, space, or volume occupied by or devoted to a nonconforming use may be increased pursuant to Section 155.395.

(Ord. No. 1145, passed 8-22-24)

(A)

Discontinuation. Except as provided in Sections 155.394(C) through (E) a nonconforming use that is discontinued for a period of more than 18 consecutive months, or 24 consecutive months for retail uses, shall be deemed abandoned and shall no longer be allowed as a legal nonconforming use. For purposes of calculating the discontinuation time period, a use is discontinued on a site when any one of the following conditions occur:

(1)

The use no longer physically occupies the site;

(2)

The use ceases operation. For example, the site is no longer actively in use for the sale of merchandise, the manufacture or warehousing of products, or the provision of services, as evidenced by the removal of signs, goods, stock, or office equipment, or the disconnection of telephone or utility service or similar indications;

(3)

A request for final reading of water and power meters is made to the applicable utility or the utility bill account indicates inactivity for the site;

(4)

The use ceases operation as a result of damage or destruction by fire or other causes and an application for a building permit for the reconstruction or repair has not been submitted within 18 months after the date of destruction, subject to the extensions under Section 155.392(C)(3); and/or

(5)

An event occurs similar to those listed in Section 155.394(A)(1)—(4), above, as determined by the Director of Planning or designee.

(B)

Application of Criteria and Standards to Nonconforming Use. Once the Director of Planning or designee deems a nonconforming use abandoned pursuant to Section 155.394(A) and issues such determination in writing, any subsequent use of the subject lot must conform to the current standards and criteria of the Zoning Ordinance applicable to the use. After the city has deemed a nonconforming use abandoned, the use shall not be allowed to resume, in whole or in part, under the same or different ownership or management; any such activity is a violation of this chapter and subject to enforcement proceedings.

(C)

Adult Businesses. Nonconforming adult businesses are subject to the provisions in Section 155.603.

(D)

Oil and gas wells. Idle wells as defined by the California Geologic Energy Management Division (CalGEM) are subject to the provisions of the State of California's idle well regulations.

(E)

Appeal. Any party that has been administratively ordered by the city to terminate a nonconforming use or has received written notification under Subsection (B) above that a nonconforming use has been deemed abandoned shall have the right to appeal the decision to the Planning Commission. Appeals shall be filed with the Planning Commission Secretary, including a statement and evidence provided by the appellant supporting the appeal. The appeal shall be considered in accordance with the following:

(1)

The Planning Commission Secretary shall set the matter for hearing before the Planning Commission within 60 days of receiving the appeal. Notice of said hearing shall be given in accordance with applicable provisions of Section 155.860 et seq.

(2)

Based on evidence provided by the appellant, the Planning Commission may uphold the abandonment and termination order, determine that the nonconforming use has not been abandoned, or may extend the date upon which said nonconforming use is deemed abandoned. Such decision shall be issued in writing.

(3)

The decision of the Planning Commission may be appealed to the City Council in accordance with Section 155.866.

(4)

The nonconforming use may continue while it is being appealed until a final decision is made by the Planning Commission or City Council, as applicable.

(5)

Notwithstanding the foregoing, the Planning Commission or City Council, as applicable, may grant, at their discretion, an extension of the discontinuation time period described in Section 155.394(A) of up to 18 months. Factors that the Planning Commission or City Council upon appeal may consider in determining to grant the extension include building permits, functioning utility hookups, tax records, business licenses, lease agreements, business receipts, and/or similar documentation, as well as economic and market factors.

(Ord. No. 1145, passed 8-22-24)

Except for adult businesses, which are subject to Section 155.396, and signs, which are subject to Section 155.397, material expansions or changes of a nonconforming situation (as defined in Section 155.395(O)) will be processed as a conditional use as established in Sections 155.710 through 155.724 and subject to the applicable review criteria in this section. The Planning Commission shall also consider the following in connection with a request for such a Conditional Use Permit:

(A)

The nonconforming situation was not created unlawfully.

(B)

If the request involves the change of a nonconforming use to a different nonconforming use, the proposed nonconforming use is within the same use category as the existing legal nonconforming use, whether by right or subject to a Conditional Use Permit.

(C)

With mitigation measures or through conditions of approval, the nonconforming use or material expansion will comply with the performance standards in Sections 155.415 through 155.433 and will not result in a net increase in overall adverse impacts (over the impacts of the existing use) on the surrounding area, taking into account factors such as:

(1)

Noise, vibration, dust, odor, fumes, glare, and smoke;

(2)

Potential for increased litter;

(3)

The amount, location, and nature of any outside displays, storage, or activities;

(4)

The appearance of the new or expanded use will not detract from the existing or anticipated function and character of the zoning district;

(5)

The operating characteristics of the new or expanded use are compatible with the existing and anticipated uses in the immediate vicinity. The hours of operation of nonresidential uses in residential zoning districts cannot be extended into the period of 10:00 p.m. to 7:00 a.m.;

(6)

If the proposed change to the nonconforming situation will result in an increase in vehicular trips, the street system shall have adequate capacity to accommodate the use, as determined by the Director of Public Works and/or Traffic Engineer following completion of a traffic study by the applicant;

(7)

If the proposed change to the nonconforming situation will result in an increase in vehicle parking demand, the site shall have adequate on-site parking to accommodate the development, or adequate parking will be provided in accordance with Section 155.480;

(8)

Parking areas and entrance-exit points are designed to facilitate traffic and pedestrian safety and avoid congestion; and

(9)

Public services for water, sanitary sewer, stormwater, water management, and fire and police protection can serve the proposed use, as determined by the responsible city authorities.

(D)

Expansions in floor area of nonconforming situations that increase its nonconformity with the applicable standards of the Zoning Ordinance shall be permitted consistent with the following requirements:

(1)

The cumulative total of all floor area expansions shall be measured against the floor area as it existed on the date the nonconformity began.

(2)

Expansions of up to 15 percent shall be considered minor and shall not require approval of a Conditional Use Permit.

(3)

Expansions that exceed 15 percent shall be considered material and require a Conditional Use Permit.

(4)

Floor area may be expanded multiple times, however, floor area expansions that exceed the cumulative total of 15 percent shall be at the discretion of the Planning Commission as part of the Conditional use Permit process in compliance with this Section 155.395.

(5)

Expansions in floor area for nonconforming situations must comply with current development standards for the zoning district in which the use or structure is located.

(6)

Expansion of a nonconforming use onto another site shall only be permitted if the abutting parcel is under the same ownership as the parcel supporting the nonconforming use and in compliance with this Section 155.395.

(7)

Addition of new residential units to nonconforming residential use is prohibited unless otherwise permitted under state law.

(E)

Nonconforming Use Expansions in Residential Areas. If the nonconforming use is in a residential zoning district or in a mixed-use zoning district with residential uses adjacent to the site, the proposed expansion shall be designed and constructed to minimize the impact on the established residential character of the area, as determined by the Director of Planning. This determination shall be based on, but not limited to, the following factors:

(1)

Building scale and placement;

(2)

Exterior building treatments;

(3)

Parking area placement;

(3)

Buffering and the potential loss of privacy to abutting residential uses;

(4)

Location of loading and refuse storage/collection areas;

(5)

Outdoor storage (where permitted); and

(6)

Lighting and signs.

(Ord. No. 1145, passed 8-22-24)

Nonconforming adult businesses may not be enlarged or reconstructed and are subject to the amortization and termination provisions in Section 155.603.

(Ord. No. 1145, passed 8-22-24)

(A)

Nonconforming signs may not be enlarged or reconstructed and are subject to the termination provisions of State law.

(B)

In accordance with Section 155.535, a sign permit may be required to maintain a nonconforming sign.

(Ord. No. 1145, passed 8-22-24)

No land or building in any zone shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; electrical, or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition, or element in such a manner or in such amount as to adversely affect the surrounding area or adjoining premises. Such substances or conditions shall herein be referred to as "dangerous or objectionable elements."

('64 Code, § 52.00)

Cross reference— Penalty, see § 10.97

The criteria used to determine when any condition, substance or element becomes dangerous or objectionable shall be called performance standards and shall be set forth in this subchapter. Continued compliance with the performance standards shall be required of all uses.

('64 Code, § 52.01)

Cross reference— Penalty, see § 10.97

Any use or proposed use which the Planning Commission has reasonable grounds to believe may be in violation of the performance standards shall be required to comply with the performance standards procedure set forth in §§ 155.790 through 155.798. The Planning Commission's decision shall be based upon a study and report from the Department of Planning and Development.

('64 Code, § 52.02; Am. Ord. 501, passed 6-24-75)

(A)

Smoke of any type shall not be emitted from any source in excess of the standards set by the Air Pollution Control District of Los Angeles County. In no event shall any air contaminant be emitted for a period or periods aggregating more than three minutes in any one hour which is:

(1)

As dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines.

(2)

Of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke described in subdivision (1) of this division.

(B)

The point of measurement shall be the same as utilized by the Air Pollution Control District.

('64 Code, § 52.03)

Cross reference— Penalty, see § 10.97

No elements of dust, fly ash, vapors, fumes, gases and other forms of air pollution shall be permitted in excess of the standards set forth by the Air Pollution Control District of Los Angeles County. In no event shall elements be permitted which can cause any damage to human health, animals, vegetation, or which can cause excessive soiling at any point of measurement. The point of measurement shall be the same as utilized by the Air Pollution Control District.

('64 Code, § 52.04)

Cross reference— Penalty, see § 10.97

Any process which involves the creation or emission of any odors, gases or other odorous matter shall at all times comply with the standards set by the Air Pollution Control District of Los Angeles County. In no event shall odors, gases or other odorous matter be emitted in such quantities as to be readily detectable when diluted in a ratio of one volume of odorous air to four volumes of clean air. The point of measurement shall be at the lot line or at the point of greatest concentration if further than the lot line.

('64 Code, § 52.05)

Cross reference— Penalty, see § 10.97

It is hereby declared to be the policy of the city to prohibit unnecessary, excessive, and annoying noises from all sources subject to its police power. At certain levels noises are detrimental to the health and welfare of the citizenry and in the public interest shall be systematically proscribed.

('64 Code, § 52.30; Am. Ord. 712, passed 6-11-87)

The following activities shall be exempt from noise control provisions of this subchapter:

(A)

Activities conducted on public parks, public playgrounds and public or private school grounds including but not limited to school athletics and school entertainment events.

(B)

Occasional outdoor gatherings, public dancing shows and sporting and entertainment events provided said events are conducted pursuant to any required permit or City Council authorization.

(C)

Any mechanical device, apparatus or equipment when used, related to or connected with emergency work.

(D)

Any activity to the extent regulation thereof has been preempted by state or federal law.

('64 Code, § 52.31; Am. Ord. 712, passed 6-11-87)

Any noise level measurement made pursuant to the provisions of this subchapter shall be measured with a sound level meter in accordance with the following:

(A)

Measurements shall be made in decibels (dB) using the A-weighted scale with slow response, following the manufacturer's instructions, except the fast response shall be used for impulsive sounds.

(B)

Outdoor noise shall be measured at the lot line and/or at any point with the land parcel receiving the noise, where possible, the microphone shall be positioned at least ten feet from the nearest reflective surface. For the purpose of this measurement the boundaries of any lease agreement, or operating unit or group of contiguous fee properties operated as a unit, shall be considered as the lot line.

(C)

Measurements shall be made with the microphone at a height not less than five feet above the ground or floor level for outdoor measurements and for measurements within a building or on a balcony or deck, respectively.

(D)

Measurements within a building for determining the noise level from exterior noises shall be made with the microphone five feet from the window (closed) and/or wall of the structure.

(E)

The ambient noise level shall be measured while the alleged intruding noise source is inoperative. If for any reason the alleged intruding noise source cannot be turned off, the ambient noise level shall be estimated, if possible, by performing a measurement in the same general area of the alleged intruding noise source but a sufficient distance such that the noise from the alleged intruding noise source is at least ten dB below the ambient noise level in order that only the actual ambient noise level be measured. If a difference of ten dB as specified in the preceding sentence cannot be obtained within the same general area, but the alleged intruding noise source is five to ten dB below the ambient, then the level of the ambient noise level itself may be reasonably determined by subtracting a one decibel correction to account for the contribution of the alleged intruding noise source.

('64 Code, § 52.32; Am. Ord. 712, passed 6-11-87)

(A)

The noise level caused by any device, instrument, vehicle, machinery, operation, use or activity shall not exceed the levels set forth in the table set out in division (E) of this section except as further provided in this chapter.

(B)

In the event the ambient noise level exceeds a permitted noise level set forth in division (E) of this section, the permissible noise level for the corresponding duration and receiving area shall be the ambient level.

(C)

Noise of impulsive character (hammering, and the like) or that contains a pure tone (such as a whine, screech, or hum), shall only be permitted at levels five dB(A) less than the permitted levels determined under this section.

(D)

At a lot line separating properties with different permitted noise levels, the applicable permitted outdoor noise level shall be the arithmetic mean of the permitted outdoor noise levels set forth in division (E) of this section for the receiving areas on opposite sides of said lot line.

(E)

Noise level table.

('64 Code, § 52.34; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

The following additional provisions shall apply to certain special noise sources:

(A)

Radios, television sets, and similar devices. It shall be unlawful for any person within the city to use or operate any radio receiving set, musical instrument, phonograph, television set, or other similar device for the producing or reproducing of sound in any manner or to use bells, whistles, or any device conveying speech content or music as may be generated by sound amplifying equipment so as to create any noise which would cause the noise level to exceed the ambient noise level a maximum of five dB(A) at the boundary of any property within a residential zone or at the boundary of any private residential open space, or within the common outdoor area of any multiple residential development.

(B)

Construction of buildings and projects. It shall be unlawful for any person within a residential zone, or within a radius of 500 feet therefrom, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, including delivery of equipment and materials, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction type equipment or device, including powered hand tools on Sundays, holidays, and outside of the allowable work hours.

(1)

Holidays shall include New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day.

(2)

Allowable work hours shall be from:

(a)

7:00 a.m. to 5:00 p.m. Monday through Friday; and

(b)

8:00 a.m. to 5:00 p.m. on Saturdays.

(C)

Maintenance. It shall be unlawful for any person, to perform maintenance of real property, other than emergency work, between 7:00 p.m. on one day and 7:00 a.m. of the following day, if such maintenance activity produces noise above the ambient level at any lot line of property within a residential zone.

(D)

Exception. The provisions of this section shall not apply to:

(1)

Construction or maintenance and repair activities conducted by a public agency, its employees, agents, or contractors necessitated by emergency conditions or deemed necessary by the city to serve the best interest of the public and to protect that public health, safety and welfare. These operations may include, but are not limited to, street sweeping, debris and limb removal of downed wires, restoring electrical service, repairing traffic lights, unplugging sewers, vacuuming catch basins, repairing water hydrants and mains, gas lines, oil lines, storm drains, roads, sidewalks;

(2)

An individual homeowner engaged in construction or maintenance and repair activities of the homeowner's primary dwelling unit; or

(3)

An individual who has been granted a waiver pursuant to section 155.427 of the SFSMC.

('64 Code, § 52.35; Am. Ord. 712, passed 6-11-87; Ord. 1152, passed 11-12-24)

Cross reference— Penalty, see § 10.97

If at any time the Director of Planning and Development has reason to believe that a new development project, addition, modification, or any other changes thereto may not conform with the permitted noise level standards of this chapter, the Director of Planning and Development may require as a "condition of approval" an acoustical analysis (noise study) as part of the building permit process or other approval procedures.

('64 Code, § 52.37; Am. Ord. 712, passed 6-11-87)

(A)

Waivers from the noise control requirements of this chapter may be authorized by a conditional use permit granted in accordance with the provisions of §§ 155.710 through 155.724 for a period not to exceed two years subject to reasonable terms, conditions, and requirements. A waiver may be granted only if the Planning Commission makes the findings that:

(1)

Additional time is necessary for the applicant to alter or modify his activity, operation or noise source to comply with this chapter; or

(2)

The activity, operation or noise source cannot feasibly be carried on in a manner that would comply with the provisions of this chapter and no other reasonable alternative is available to the applicant.

(B)

In granting a waiver, the Planning Commission may prescribe any conditions or requirements it deems necessary to minimize adverse effects upon the community or the surrounding neighborhood.

(C)

In granting waivers, the Planning Commission shall consider the magnitude of adverse effect caused by the offensive noise, the uses of property within the area affected by the noise, operations carried on under existing regulations and codes, the time factors related to study, design, financing and construction of remedial work, the economic factors related to age and useful life of the equipment, the general public interest, health and welfare, the feasibility of plans submitted for corrections, and the effect on the community if the waiver is denied.

('64 Code, § 52.38; Am. Ord. 712, passed 6-11-87)

Every use shall be so operated that the ground vibration generated by said use is not harmful or injurious to the use or development of surrounding properties. No vibration shall be permitted which is perceptible without instruments at any use alone the property line on which said use is located. For the purpose of this determination, the boundary of any lease agreement or operating unit or properties operating as a unit shall be considered the same as the property line.

('64 Code, § 52.40; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

The use or storage of flammable or explosive materials shall at all times comply with the regulations of the Fire Prevention Code of the city and all other applicable ordinances and regulations.

('64 Code, § 52.50; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

No activities shall be permitted which emit dangerous radioactivity at any point.

('64 Code, § 52.60; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

No activity shall be permitted which causes electrical disturbances affecting the operation of any equipment located beyond the property line of said activity.

('64 Code, § 52.70; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

No activity shall be permitted which causes light or glare to be transmitted or reflected in such concentrated quantities as to be detrimental or harmful to the use of surrounding properties or streets.

('64 Code, § 52.80; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

No liquid or solid waste or any materials of such nature as might contaminate any water supply, or interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements shall be discharged into any public sewer or private sewage disposal system, except in accordance with the requirements of the health ordinance, the industrial waste ordinance, and all other applicable ordinances and regulations.

('64 Code, § 52.90; Am. Ord. 712, passed 6-11-87)

Cross reference— Penalty, see § 10.97

The following general development standards are set forth in order to assure that the property in the various zones of the city will be developed in a uniform and orderly manner which will promote the public health, safety, comfort, convenience and general welfare of the community. These development requirements shall be in addition to the property development standards set forth in each zone.

('64 Code, § 53.00)

After the effective date of this chapter or any subsequent amendment thereto, no lot shall be created, nor shall any structure be erected, nor shall any existing lot or structure be altered or changed in any manner which would result in noncompliance with the property development standards set forth in this chapter, except where a modification of said standards has been approved in accordance with the provisions of this chapter.

('64 Code, § 53.01)

Cross reference— Penalty, see § 10.97

Oil and gas drilling and production operations shall be exempt from the property development standards set forth in the zone and in the general sections of this chapter. However, said operations shall comply with the appropriate provisions of § 155.636.

('64 Code, § 53.02)

Cross reference— Penalty, see § 10.97

In measuring lot dimensions, building height and other items set forth in this chapter, it shall be the responsibility of the property owner or his authorized agent to provide accurate dimensions and calculations. The submission of inaccurate dimensions or calculations which result in a lot or structure not complying with the requirements set forth in this chapter shall be a violation of this chapter, and any permits or approvals granted thereunder shall be void.

('64 Code, § 53.03)

Cross reference— Penalty, see § 10.97

(A)

Lot area shall mean the total extent of surface enclosed within the lot line and shall be measured in a horizontal plane. The measurements may be made from a plot plan submitted by an applicant for a building permit, zoning certification or other approval. A plot plan which includes irregular areas shall be accompanied by calculations showing the lot area. These calculations shall be based on accepted principles of plane geometry.

(B)

No lot shall be created with an area less than the minimum required, nor shall any existing lot be reduced in area to less than the minimum required in the zone in which said lot is located.

(C)

A lot which has less than the required lot area on the effective date of this chapter or any subsequent amendment thereto, shall be subject to the following provisions:

(1)

If it adjoins one or more lots or parcels of land owned by the same person, group, firm, or corporation, it shall be combined with said adjacent lots or land, or a resubdivision shall be submitted with all lots included therein having not less than the lot area required by this chapter.

(2)

A lot which cannot be so combined or resubdivided may be used in the same manner as if it met the lot area requirements; provided, that said lot has an area of not less than 75 percent of the required lot area.

(3)

A lot which cannot be so combined or resubdivided and which has an area of less than 75 percent of the required area shall not be changed from the existing use to another use and shall not be increased in intensity of use.

(4)

This division shall not be construed to supersede those provisions of §§ 155.090 through 155.110 which set forth the permitted density of dwelling units in the R-3 Zone.

(D)

If a lot or parcel of land has not less than the required area and after creation of such lot or parcel of land, a part thereof is acquired for a public use exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has not less than 75 percent of the required minimum lot area, such remainder shall be considered as having the required lot area.

('64 Code, §§ 53.04—53.06; '64 Code, § 53.06.1; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

If a lot or parcel of land has not less than the required off-street parking or loading area and after creation of such lot or parcel of land, a part thereof is acquired for a public use exclusively, in any manner including dedication, condemnation or purchase, and if as a result of such acquisition the remainder of such lot or parcel has less than the minimum off-street parking or loading area required by this chapter, the structure and/or use located on such remainder shall be considered to be nonconforming, subject to all of the provisions of the "Nonconforming Situations" subchapter of this chapter, as set forth in § 155.385 et seq.

('64 Code, § 53.06.2; Am. Ord. 492, passed 12-10-74; Am. Ord. 925, passed 6-27-02; Ord. No. 1145, passed 8-22-24)

No industrial lot shall be created without direct frontage on a public street. Use of a private access easement through a servient tenement parcel to a public street shall not qualify in meeting the requirements of this section.

('64 Code, § 53.06.4; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

(A)

Lot dimensions shall be measured from a plot plan submitted by an applicant for a building permit, zoning certification or other approval, and it shall be the responsibility of the applicant to ensure that the dimensions of said plot plan are accurate.

(B)

Lot depth shall mean the average horizontal distance between the front and rear lot lines and shall be measured in the mean direction of the side lot lines.

(C)

Lot width shall mean the average horizontal distance measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(D)

No lot shall be created with less than the required minimum width or depth nor shall the width of an existing lot be reduced to less than the minimum required in the zone in which said lot is located.

(E)

If a lot or parcel of land has not less than the minimum required with and/or depth and after the creation of such lot or parcel of land a part thereof is acquired for public use exclusively, in any manner including dedication, condemnation or purchase, if the remainder of such lot has not less than 75 percent of the required minimum lot width and/or depth, such remainder shall be considered as having the required minimum lot width and/or depth.

(F)

A lot which on the effective data of this chapter, or subsequent amendment thereto, does not have the required minimum lot dimensions but which was legally in existence at that time, may be used in the same manner as if the lot dimensions meet the minimum requirements; provided, that said lot complies with the lot area requirements set forth in this subchapter.

('64 Code, §§ 53.07—53.10; '64 Code, § 53.10.1; '64 Code, § 53.11; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

(A)

Population density is regulated by limiting the number of dwelling units on a lot in such a manner that each dwelling unit has not less than the required minimum area for the zone in which it is located. Population density shall be measured by determining the lot area in the manner specified in this subchapter and dividing this lot area by the number of dwelling units on said lot.

(B)

No dwelling unit shall be erected or located on a lot if such dwelling unit would result in said lot having less than the required minimum lot area for each dwelling unit, as set forth in the zone in which said lot is located.

('64 Code, §§ 53.12—53.13)

Cross reference— Penalty, see § 10.97

(A)

Building height shall mean the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the structure and shall be measured from the drawings of the elevations of the structure submitted at the time a building permit is requested. In the case of an existing building or structure where the approved plans and elevations are no longer available, the measurement shall be made at the site.

(B)

No structure shall be erected or located on a lot, nor shall any existing structure be altered or changed, if said structure or alteration to said structure would result in a building height in excess of the height permitted in the zone in which said structure is located, except as provided in this subchapter.

(C)

Roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; fire or parapet walls, skylights, towers, church steeples, flagpoles, smokestacks, silos, water tanks, or similar structures may be erected above the height limit; provided, that a valid building permit has been obtained; and provided, that said structure shall not extend above the height limit more than ten percent of said limit. No roof structure or any space above the height limit shall be allowed for the purpose of providing additional floor space. Radio and television antenna above the height limit shall comply with the requirements of § 155.641.

(D)

Structures which on the effective date of this chapter, or any subsequent amendments thereto, are nonconforming only in regard to height may be added to or enlarged; provided, that any additions or enlargements shall conform to the height regulations and to all other provisions of this chapter.

('64 Code, §§ 53.14—53.17)

Cross reference— Penalty, see § 10.97

(A)

Required yards shall be measured at the points of shortest distance between the supporting element of a building or structure and a lot line. The measurements shall be made from a plot plan submitted by the owner, or in the case of an existing structure, the measurements may be made on the site.

(B)

Except as provided herein, no building, structure or storage use shall be erected or located on a lot if said building, structure or storage use encroaches upon a required yard as specified in the zone in which said lot is located, nor shall any lot be so reduced as to diminish the required yards. However, this shall not be construed to restrict the acquisition by any public agency of needed street right-of-way, or land needed for other public purposes.

(C)

In the event of uncertainty in establishing which yard of a corner lot shall be considered the front yard, the determination shall be made by the Director of Planning and Development. The Planning and Development Director's decision shall be guided by a determination of the effect of the yard pattern on the development of the surrounding property as well as on the development of the lot itself.

(D)

In addition to any permitted encroachments into required yards as set forth in the development standards of each zone, the following shall be permitted:

(1)

Landscaping.

(2)

Fences, hedges and walls not over 3 1/2 feet in height.

(3)

Fences, hedges and walls over 3 1/2 feet in height shall be permitted only after review and approval by the Director of Planning and Development.

(4)

Signs which are permitted by this chapter may project over any required yard in accordance with the following provisions; provided, that no part of the sign or supporting structure shall be placed in any required yard:

(a)

For signs between six and eight feet clearance above the ground level, one foot projection.

(b)

For signs between eight and ten feet clearance above the ground level, two foot projection.

(c)

For signs between ten and 12 feet clearance above the ground level, three foot projection.

(d)

For signs between 12 and 14 feet clearance above the ground level, four foot projection.

(e)

At a clearance of 14 feet above the ground level, signs may project over the entire required yard, provided that no part of the sign extends over a right-of-way line or planned street width line.

(5)

Monument signs, handicapped signs, and directional signs in connection with off-street parking and loading facilities notwithstanding any other provisions of this chapter, may be located within a required yard area provided such signs are not more than 3 1/2 feet in height and set back a minimum distance of five feet from any property line or driveway.

(6)

The following projections may extend into a required front or rear yard not to exceed four feet and into a required side yard not to exceed two feet, except in the case of corner lots where said projections may extend into the required front and side yard not to exceed four feet. Said projections shall not be closer than three feet to any rear or side property line:

(a)

Cornices, eaves, sills or other similar horizontal architectural features.

(b)

Fireplace structures not wider than eight feet, measured in the general direction of the wall of which it is a part. This provision shall apply to the residential zones only.

(c)

Stairways, balconies and fire escapes. This provision shall apply to the residential zones only.

(d)

Uncovered porches which do not extend above the floor level of the first floor; such porches may extend six feet into the front yard.

(e)

Planting boxes or masonry planters not exceeding 3 1/2 feet in height.

(f)

Guard railings around ramps not exceeding 3 1/2 feet in height.

(g)

Canopies and marquees except for necessary supporting structures.

(7)

Parking or storage of operable automobiles, recreational vehicles, boats or boat trailers shall be permitted in a required front yard and/or side yard where adjoining a public street only in accordance with the following:

(a)

For any single-family use in a residential zone the required driveway may be used for the parking or storage of operable automobiles, recreational vehicles, boats or boat trailers.

(b)

For any single-family use in a residential zone, paved areas, immediately adjacent to the required access driveway may be used for the parking or storage of operable automobiles, recreational vehicles, boats or boat trailers. Such paved areas shall not exceed a maximum width of six feet measured toward the nearest property line and a maximum width of two feet on the opposite side measured from the required driveway. Maximum total combined width of paved areas and driveway shall not exceed 20 feet.

(c)

In the Buffer Parking Zone, Public Use Facilities Zone and in all commercial and industrial zones, paved off-street parking for automobiles shall be permitted, provided that the landscaping, fencing and all other provisions of this chapter are met.

(d)

No off-street parking or the parking or storage of automobiles, recreational vehicles, boats or boat trailers shall be permitted which in any way endangers the health or public safety by creating a traffic hazard by obstructing vision or which is detrimental or harmful to the use of the surrounding property.

(E)

A swimming pool shall not be located in any required front yard, nor shall it be located closer than five feet from any side or rear property line. It shall be fenced as required by city ordinance.

(F)

No yard or other open space required around a use or structure, for the purpose of complying with the provisions of this chapter, shall be considered as providing a yard or open space for any other use or structure; nor shall any yard or other required open space on a lot be considered as providing a yard or open space for an adjoining lot.

(G)

(1)

Structures which, on the effective date of this chapter or any subsequent amendments thereto, are nonconforming only in regard to required side or rear yards, may be added to or enlarged in accordance with the following:

(a)

Any additions or enlargements shall not encroach into the width of any required yard to a greater extent than the existing structure; provided, that the encroachment of said additions or enlargements shall not exceed 1/2 of the width of said yard.

(b)

That an equal amount of compensatory open space shall be provided and maintained on the same lot.

(c)

That all other provisions and regulations of this chapter be complied with.

(2)

The above notwithstanding, any structure located in the M-1 or M-2 Zone which on the effective date of this chapter is nonconforming only in regard to required front, side or rear yards, where adjoining a major highway, may be continued in the same manner as if said yards were conforming provided that the encroachment of said structure does not exceed 1/2 of the width of said yards.

('64 Code, §§ 53.18—53.24; Am. Ord. 358, passed 7-10-69; Am. Ord. 367, passed 12-11-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

If a lot or parcel of land has not less than the required front, side or rear yard, and after creation of such lot or parcel of land a part thereof is acquired for a public use exclusively, in any manner including dedication, condemnation or purchase, and if as a result of such acquisition the remainder of such lot or parcel has less than the minimum required front, side or rear yard, the structure and/or use located on such remainder shall be considered to be nonconforming, subject to all of the provisions of the "Nonconforming Situations" subchapter of this title, as set forth in § 155.385 et seq.

('64 Code, § 53.24.1; Am. Ord. 492, passed 12-10-74; Am. Ord. 925, passed 6-27-02; Ord. No. 1145, passed 8-22-24)

(A)

The distance between buildings shall be measured at the points of shortest distance between the supporting elements of one building or structure, and the supporting elements of any other building or structure on the same lot. The measurements shall be made from a plot plan submitted by the property owner or his authorized agent; or in the case of existing buildings, the measurements may be made on the site.

(B)

No building or structure shall be erected or located on a lot if such building or structure encroaches upon the minimum required distance between buildings as specified by the zone in which said lot is located, except as provided in this chapter.

(C)

The following projection may extend into the required open space between buildings:

(1)

Cornices, eaves, belt courses, sills, buttresses or other similar architectural features extending into the required distance no more than two feet.

(2)

Fireplace structures not wider than eight feet measured in the general direction of the wall of which it is a part, and extending into the required distance no more than two feet.

(3)

Stairways and fire escapes.

(4)

Uncovered porches which do not extend above the floor level on the first floor.

(5)

Balconies extending into the required distance no more than three feet.

(6)

Planting boxes or masonry planters and similar features.

(7)

Guard railings around ramps.

(D)

Structures which on the effective date of this chapter, or any subsequent amendments thereto, are nonconforming only in regard to required distances between buildings, may be added to or enlarged in accordance with the following: any additions or enlargements shall not encroach into the required distances between buildings to a greater extent than the existing structure; and provided, that the encroachment of said additions or enlargements shall not exceed 1/2 of the width of said distances; and that all other provisions and regulations of this chapter be complied with.

('64 Code, §§ 53.25—53.28; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

(A)

The area of a building shall be measured from plans submitted by the property owner or his authorized agent. In the case of an existing building, measurement may be made on the site. The area of a building shall be measured to include the total floor area within the exterior walls of the structure, except that garages, porte cocheres, porches, decks, patios, breezeways and similar elements, shall not be included in measuring the area of a building.

(B)

No building shall be erected or located on a lot unless said building has an area not less than the minimum required in the zone in which said lot is located.

(C)

A building which on the effective date of this chapter, or subsequent amendments thereto, has an area less than the minimum required in the zone in which said building is located, may not be altered, reconstructed, or remodeled unless said building is made to comply with the area requirements set forth in this chapter.

('64 Code, §§ 53.29—53.31)

Cross reference— Penalty, see § 10.97

(A)

Lot coverage shall be measured from a plot plan showing all buildings and structures on the lot, submitted by the property owner or his authorized agent. Lot coverage shall be measured by calculating the lot area and dividing this figure into the area of all buildings and structures on the lot. The area of buildings and structures shall be obtained by measuring the roof area in a horizontal plane, of all buildings and structures on the lot. Pavements, walks, uncovered parking areas, and similar elements shall not be calculated as building areas.

(B)

No building or structure shall be erected, reconstructed, altered, relocated, remodeled or enlarged if said building or structure would result in a lot coverage greater than the maximum permitted in the zone in which said building or structure is located.

(C)

The buildings or structures on a lot which on the effective date of this chapter, or any subsequent amendments thereto, has a lot coverage greater than permitted by this chapter, shall not be altered, reconstructed or remodeled if said alteration, reconstruction or remodeling would result in an increase in lot coverage.

('64 Code, §§ 53.32—53.34)

Cross reference— Penalty, see § 10.97

(A)

(1)

Where this chapter specifies that a wall or fence shall be required, said wall or fence shall be constructed and maintained in good condition.

(2)

Where a wall or fence meeting the requirements of this chapter exists on the lot adjacent to the lot where said wall or fence is required, the requirement for the construction of a new wall or fence may be waived by the Director of Planning; provided, that the owners of the adjacent lot shall be bound by a covenant agreeable to the city and filed in the office of the County Recorder, requiring said owner and future owners to maintain in good condition, the required fence or wall for the duration said wall or fence is required by this chapter.

(B)

The height of a fence or wall shall be measured at the highest average ground level within three feet of either side of said wall or fence. In order to allow for variations in topography, the height of said wall or fence may vary an amount not to exceed six inches from the height required by this chapter.

(C)

No fence or wall shall be erected to a height greater than the maximum permitted by this chapter, except that the height restriction may be exceeded by an amount not greater than six inches in order to allow for variations in topography.

(D)

Any use of property which on the effective date of this chapter, or of any subsequent amendments thereto, is nonconforming only as to the regulations relating to fences or walls may be continued, enlarged or changed in the same manner as if such nonconforming fence or wall did not exist. A nonconforming fence or wall may not be added to, enlarged or extended unless such wall is made to conform to the height regulations and all other provisions of this chapter.

(E)

Nothing in this chapter shall be deemed to set aside or reduce the requirement established for security fencing of any use by any local, state or federal law, or other governing agency.

('64 Code, §§ 53.35—53.39; Ord. No. 1145, passed 8-22-24)

Cross reference— Penalty, see § 10.97

(A)

Metal buildings shall not be permitted in any zone except in accordance with the following:

(1)

Metal buildings may be permitted subject to development plan approval on property composed of filled land where, due to geotechnical reasons, no other construction method is reasonably feasible.

(2)

Portable metal sheds not visible from the street shall be permitted in all zones if they do not require a building permit.

(3)

New construction of contemporary building designs that include exterior metal finish components, including architectural trim, accents or other design features that are integral to building design. Such design approaches may be permitted, subject to development plan approval pursuant to §§ 155.735 through 155.737 of this chapter. Any and all future additions to buildings approved under these provisions shall also require development plan approval.

(B)

Sheet-metal buildings which on the effective date of this chapter, or of any subsequent amendments thereto, are nonconforming only in regard to sheet-metal siding or Quonset-type construction may be altered, added to or enlarged; provided, that any alterations, additions or enlargements shall conform to all of the provisions and regulations of this chapter.

('64 Code, §§ 53.40—53.41; Ord. 822, passed 3-11-93; Am. Ord. 1059, passed 7-10-14; Ord. No. 1145, passed 8-22-24)

Cross reference— Penalty, see § 10.97

(A)

Except as provided hereinafter all electrical distribution lines of 16,000 volts or less, telephone, cable antenna television and similar service wires or cables, which provide direct service to the property being developed shall, within the exterior boundary line of such property, be installed underground.

(B)

The following exceptions shall apply:

(1)

Utility service poles may be placed in the area within six feet of the rear lot line of the property to be developed, for the sole purpose of terminating underground facilities.

(2)

In the R-1 Zone where utility service poles presently exist along or near rear lot lines, overhead utility lines to serve residential structures may be permitted only after approval of the Director of Planning and Development. This exception shall not apply to new residential subdivisions.

(3)

Temporary overhead utilities along with the necessary service poles, wires, and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses, including trailers, which comply with all other requirements of this chapter, the Building Code and other applicable regulations.

(4)

Risers on poles and buildings are permitted and shall be provided by the developer or owner on the pole which provides service to said property.

(5)

Appurtenances and associated equipment including, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground.

(C)

The developer or owner is responsible for complying with the requirements of this section and he shall make the necessary arrangements with the utility company for the installation of such facilities.

('64 Code, § 53.42; Am. Ord. 367, passed 12-11-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Buildings or structures which, on the effective date of this amendment or any subsequent amendments thereto, are nonconforming in regard to aboveground on-site utility lines, may continue to be used, altered or enlarged in the same manner as if such nonconforming utility lines did not exist.

('64 Code, § 53.43; Am. Ord. 367, passed 12-11-69; Am. Ord. 382, passed 6-11-70)

Each unit within industrial multi-tenant buildings shall be provided with a minimum three-foot-deep by ten-foot-wide recessed office entry area to enhance the appearance of the building.

('64 Code, § 53.44; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

Any building or structure erected or located, and any use of land established after the effective date of this chapter or any subsequent amendments thereto, shall be required to provide off-street parking and loading facilities in accordance with the provisions of this chapter.

('64 Code, § 54.00)

Cross reference— Penalty, see § 10.97

Whenever the existing use of a structure or the existing use of land is changed to another use or another occupancy, parking and loading facilities shall be provided as required by this chapter.

('64 Code, § 54.01)

Cross reference— Penalty, see § 10.97

When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, floor area, seating capacity or other units of measurement specified in this chapter, the additional required parking and loading facilities for such increase shall be provided.

('64 Code, § 54.02)

Cross reference— Penalty, see § 10.97

(A)

Any use of property which, on the effective date of this chapter or of any subsequent amendment thereto, is nonconforming only as to the regulations relating to off-street parking and loading facilities may be continued in the same manner as if the parking and loading facilities were conforming. However, such parking and loading facilities as do exist shall not be further reduced.

(B)

No increase in the intensity of use of any building, structure or premises through the addition of dwelling units, floor area, seating capacity or other units of measurement specified in this chapter shall be permitted except in accordance with the following requirements:

(1)

The intensity of use may be increased up to 60 percent; provided, that the required parking and loading facilities for such increase are installed and that such parking and loading facilities as presently exist shall not be reduced unless suitable substitutions are made which would meet the requirements of this chapter.

(2)

The intensity of use may be increased by more than 60 percent; provided, that parking and loading facilities for the entire developed portion of the property are provided in conformance with all requirements of this chapter.

('64 Code, § 54.03; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities in excess of those required by this chapter; provided, that all regulations herein governing the location, design and operation of such facilities are adhered to.

('64 Code, § 54.04)

The number of off-street parking spaces required for each use shall be no less than the number set forth in this subchapter. Where so specified, the required space shall be in a garage or carport. No tandem parking shall be provided, except as allowed per §§ 155.644 and 155.481(B)(1)(a).

('64 Code, § 54.05; Am. Ord. 1063, passed 4-9-15; Am. Ord. 1103, passed 8-8-19)

Cross reference— Penalty, see § 10.97

Minimum number of required parking spaces. Except as necessary to comply with requirements to provide electric vehicle supply equipment installed in parking spaces or parking spaces that are accessible to persons with disabilities, the following minimum parking standards apply.

(A)

For sites located within 1/2 mile of a major transit stop as defined in Cal. Public Resources Code § 21064.3, no parking is required, except:

(1)

Event centers shall provide parking for employees and other workers.

(2)

Development projects where any portion is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging (except where a portion of a housing development project is designated for use as a residential hotel, as defined in Cal. Health and Safety Code § 50519) shall provide parking in accordance with the minimum parking requirements of division (B).

(3)

Development projects for which, within 30 days of the receipt of a completed application, the city finds that based on a preponderance of the evidence in the record that not imposing or enforcing minimum automobile parking requirements on the development would have a substantially negative impact on any of the following:

(a)

The city's ability to meet its share of the regional housing need in accordance with Cal. Gov't Code § 65584 for low- and very low-income households.

(b)

The city's ability to meet any special housing needs for the elderly or persons with disabilities identified in the analysis required pursuant to of Cal. Gov't Code § 65583(7)(a).

(c)

Existing residential or commercial parking within 1/2 mile of the housing development project.

(4)

Division (A)(3) above shall not apply for the following projects:

(a)

Housing development projects that dedicate a minimum of 20 percent of the total number of housing units to very low, low-, or moderate-income households, students, the elderly, or persons with disabilities.

(b)

Housing development projects that contain fewer than 20 housing units.

(c)

Housing development projects subject to parking reductions based on the provisions of any other applicable state law.

(B)

For sites located more than 1/2 mile from a major transit stop the following number of parking spaces shall be the minimum provided for each new use:

(1)

Residential, care services and facilities, and mixed-uses.

(2)

Agricultural uses.

(a)

Dwellings. Two parking spaces in a garage or carport for each dwelling unit.

(b)

Farms, ranches, and other agricultural uses. Two for each two employees other than seasonal or migrant employees.

(c)

Roadside stands accessory to an agricultural use. Four for each roadside stand.

(3)

Commercial uses.

(a)

Automobile sales or rental, boat sales or rental, trailer sales or rental, machinery sales or rental, retail nurseries and other open uses not in a building or structure. One parking space for each 1,000 square feet of area devoted to open display of sales or one space for each two employees, whichever is greater; provided however, that where such area exceeds 10,000 square feet, only one parking space need be provided for each 5,000 square feet of such area in excess of the first 10,000 square feet contained in such area.

(b)

Banks. One parking space for each 200 square feet of floor area.

(c)

Bowling alleys. Five parking spaces for each alley. Additional parking spaces for balance of building calculated according to use.

(d)

Cafes, restaurants, cafeterias, drive-ins, bars, cocktail lounges, nightclubs and other similar places dispensing food or refreshments. One parking space for each 35 square feet of floor area in the public portion of the building, plus one parking space for each two employees on the largest shift. In no event shall less than ten parking spaces be provided regardless of square feet of floor area or number of employees.

(e)

Dance halls and skating rinks. One parking space for each 35 square feet of floor area used for seating, plus one parking space for each 75 square feet of floor area used for dancing or skating, plus one parking space for each two employees on the largest shift.

(f)

Furniture sales and repair, major household appliance sales and repair. One parking space for each 400 square feet of floor area or one parking space for each two employees, whichever is greater.

(g)

Hotels and motels. One parking space for each living or sleeping unit plus one parking space for each two employees on the largest shift.

(h)

Medical and dental clinics and offices. Five parking spaces for each doctor or dentist plus one for each employee on the largest shift, or one for each 200 square feet of floor area, whichever is greater.

(i)

Mortuary and funeral homes. One for each 35 square feet of floor area used simultaneously for assembly purposes plus one for each vehicle used in connection with the use.

(j)

Professional, business or administrative offices (excluding medical and dental). One parking space for each 300 square feet of floor area in office space or one parking space for each two employees, whichever is greater.

(k)

Plumbing, heating and electrical shops. One parking space for each 400 square feet of floor area or one for each two employees, whichever is greater. Also one for each vehicle used in connection with the use.

(l)

Retail establishments otherwise not enumerated in this section such as drugstores, department stores, repair shops, animal hospitals, business schools, dance studios. One parking space for each 250 square feet of building floor area, except area devoted exclusively to warehousing or storage, or one parking space for each two employees, whichever is greater.

(m)

Theaters, auditoriums, stadiums, sports arenas, gymnasiums. One parking space for each three fixed seats and/or one parking space for every 35 square feet of seating area where there are no fixed seats. Also one parking space for each 250 square feet of floor area not used for seating. In no event shall less than ten parking spaces be provided for such use regardless of the number of fixed seats, seating area or floor area.

(n)

Take-out restaurants which provide take-out service exclusively. One parking space for each 200 square feet of floor space.

(4)

Industrial uses.

(a)

Industrial uses, including incidental office uses.

1.

Zero through 20,000 square feet of gross floor area: one parking space per 500 square feet.

2.

Twenty thousand and one through 100,000 square feet of gross floor area: one parking space per 750 square feet.

3.

One hundred thousand and one through 200,000 square feet of gross floor area: one parking space per 1,000 square feet.

4.

Two hundred thousand and one and above square feet of gross floor area: one parking space per 2,000 square feet.

5.

Truck parking shall be required as per § 155.487(F).

(b)

Notwithstanding the above, multi-tenant industrial units or buildings shall provide one space for each 500 square feet of gross floor area for the first 40,000 square feet of gross building area. Additionally, incidental office area exceeding 15 percent of the gross building area shall require one parking space for each 300 square feet of floor area and one parking space shall be provided for each vehicle used in connection with the use.

(5)

Other uses.

(a)

Churches, temples, and other places of religious worship. One parking space for each 35 square feet of floor area used for assembly purposes in the auditorium.

(b)

Clubs, lodges, fraternal organizations, social halls, assembly halls. One parking space for each 35 square feet of floor area used simultaneously for assembly purposes. In no event shall less than ten parking spaces be provided regardless of the amount of floor area used simultaneously for assembly purposes.

(c)

Colleges and universities. One parking space for each classroom and lecture hall and one parking space for each three students the school is designed to accommodate.

(d)

Business, technical professional, special or trade schools. One parking space for each classroom and lecture hall and one parking space for each 1 1/2 students the school is designed to accommodate.

(e)

Day care for children, special home; day nursery, children; and nursery school, pre-school children. Parking and loading areas shall be provided in accordance with the provisions of § 155.619; except that in no event shall less than three parking spaces be provided.

(f)

Golf courses. Ten parking spaces for each hole and one for each 35 square feet of building floor area used for public assembly and one parking space for each 250 square feet of building floor area used for other commercial uses.

(g)

Governmental buildings designed for a public use not otherwise enumerated in this division, such as public libraries. One parking space for each 250 square feet of floor area plus one for each two employees on the largest shift.

(h)

Government buildings not frequently visited by the public, such as fire stations. One parking space for each 400 square feet of floor space plus one for each two employees on the largest shift.

(i)

Hospitals and sanitariums. One and three-quarters parking spaces for each patient bed.

(j)

Mini-warehouse. One space for every 10,000 square feet of storage area; plus one covered space for on-site caretaker's unit. Additionally, incidental office area exceeding ten percent of the gross building area shall require one parking space for each 300 square feet of floor area and one parking space shall be provided for each vehicle used in connection with the use.

(k)

Public utility facilities including electrical substations, telephone exchanges, maintenance and storage facilities. One parking space for each 500 square feet of office space or work area within a structure or one parking space for each two employees on the largest shift, whichever is greater. Also, one parking space for each vehicle used in connection with the use. No requirements for facilities which are normally unattended by employees except for occasional maintenance.

(l)

Schools, elementary and junior high schools having an accredited general curriculum. One and one-half parking spaces for each classroom and lecture hall.

(m)

Schools, high schools having an accredited general curriculum. One and one-half parking spaces for each classroom and lecture hall and one parking space for each ten students the school is designed to accommodate. Additional parking spaces for stadiums shall be provided based on one parking space for each ten fixed seats.

(Ord. 1131, passed 9-5-23)

The required off-street parking for any building, structure or use of land of a type which is not listed in this subchapter shall be determined by the Director of Planning and Development. The Director of Planning and Development shall be guided as much as possible by comparison with similar uses which are listed.

('64 Code, § 54.11; Am. Ord. 501, passed 6-24-75)

(A)

The off-street parking facilities required by this chapter shall be located on the same lot or parcel of land as the use they are intended to serve.

(B)

In cases or practical difficulty, the Director of Planning and Development may approve a substitute location which meets the following conditions:

(1)

That all or part of substitute location is within 400 feet of the principal use for which the parking is being provided. Said distance shall be measured as walking distance along a public street or sidewalk.

(2)

That the substitute lot is in the same possession as the land it is intended to serve. Such possession may be by deed or long-term lease, the terms of which meet the approval of the city. The present and future owners of the substitute lot shall be bound by covenants filed in the office of the County Recorder, requiring such owner to maintain the required number of parking spaces for the duration of the use served.

('64 Code, § 54.12; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

For the purpose of computing off-street parking spaces which are required by this chapter, the following rules shall apply:

(A)

Floor area shall mean gross floor area unless otherwise specified for a particular use.

(B)

In stadia, sports arenas, churches and other places of assembly in which benches or pews are used in place of seats, each 18 inches of length of such benches or pews shall be counted as one seat.

(C)

When determination of the number of off-street parking spaces results in a requirement of a fractional space, any fraction of less than 1/3 may be disregarded while a fraction of 1/3 or more shall be counted as one required parking space.

('64 Code, § 54.13)

The required off-street parking and loading facilities may be provided collectively for two or more buildings or uses; provided, that the total number of parking spaces shall be not less than the sum of the requirements for each of the individual uses; and provided, that all other requirements of this chapter are met.

('64 Code, § 54.14)

Cross reference— Penalty, see § 10.97

In the event that two or more uses occupy the same building, lot or parcel of land, the total requirements for off-street parking and off-street loading space shall be the sum of the requirements of the various uses computed separately.

('64 Code, § 54.15)

The size of off-street parking spaces shall be in accordance with the following:

(A)

Each off-street parking space for other than industrial uses shall have dimensions not less than nine feet in width and 20 feet in length.

(B)

Each off-street parking space for industrial uses shall have dimensions not less than 8 1/2 feet in width and 19 feet in length.

(C)

Each parallel off-street parking space shall have dimensions of not less than ten feet in width and 22 feet in length, regardless of the use.

(D)

Parking spaces adjacent to a wall shall have a minimum width of 12 feet for standard stalls and ten feet for compact car stalls.

(E)

Notwithstanding the above provisions, and except for single-family dwelling units, a maximum of 25 percent of the total number of required off-street parking spaces may be in compact spaces with dimensions not less than 7 1/2 feet in width and 15 feet in length.

(F)

Each off-street parking space for truck parking shall have dimensions not less than 12 feet in width and 53 feet in length. Truck parking shall be required for industrial/warehouse buildings that are 100,000 square feet or more and there shall be one truck parking for every four truck docks.

('64 Code, § 54.16; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 1063, passed 4-9-15)

Cross reference— Penalty, see § 10.97

(A)

Paved driveway aprons shall be installed to provide access from a public street to adjoining property.

(B)

The width of the flat area of said driveway aprons measured at the curb line shall be not less than the required width for access driveways serving parking and loading facilities; said width shall also comply with the following minimum and maximum standards unless specific exemptions are made by the Department of Public Works for exceptional circumstances:

(1)

Single-family residential uses:

(2)

All other uses:

('64 Code, § 54.17; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

(A)

Required parking and loading facilities shall be provided with paved access driveways for ingress and egress to and from a dedicated street or alley. Each parking and loading space shall be easily accessible to the intended user.

(B)

The width of said access driveways shall comply with the following standards:

(1)

Single-family residential uses:

(2)

All other uses:

('64 Code, § 54.17.1)

Cross reference— Penalty, see § 10.97

The following additional requirements shall govern access to off-street parking and loading facilities:

(A)

Forward travel to and from parking and loading facilities to and from a dedicated street is required for all uses except single-family residential uses. The parking and loading area shall be adequate to facilitate the turning of vehicles to permit forward travel upon entering a street.

(B)

All uses including residential which adjoin a major or secondary highway shall, wherever possible, have access by way of a service road or alley.

(C)

The access to all off-street parking facilities shall be designed in a manner which will not interfere with the movement of traffic.

(D)

Access driveways across sidewalks or pedestrian ways shall be designed in such a manner as to promote pedestrian safety.

('64 Code, § 54.18; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

The circulation within a parking area shall comply with the following requirements:

(A)

(1)

Minimum aisle widths shall be provided in accordance with the angle of the parking spaces they serve:

(2)

Other aisle widths shall be determined by interpolation from the above minimum requirements.

(B)

Circulation within a parking area with more than one aisle must be such that a car need not enter the street to reach another aisle within the same parking area.

(C)

Directional signs shall be required to differentiate between entrance and exit access points to the street.

(D)

All off-street truck loading areas, zones, ramps, doors, wells or docks shall be designed to provide and maintain a minimum unobstructed area of 120 feet to allow for proper truck maneuvering on-site.

('64 Code, § 54.19; Am. Ord. 746, passed 4-13-89; Am. Ord. 1063, passed 4-9-15)

Cross reference— Penalty, see § 10.97

The location of parking and loading facilities shall comply with the following:

(A)

Off-street parking may be permitted in a required front yard and/or side yard where adjoining a public street in accordance with the provisions of this chapter.

(B)

No part of any parking area for more than five vehicles shall be closer than ten feet to any residential zone, school, hospital or other institution for human care located on an adjacent lot, unless screened by a masonry wall not less than four feet in height.

(C)

No parking facilities shall be located in front of doors or loading docks in a manner that will restrict their use.

(D)

Land within the street right-of-way or within the proposed ultimate right-of-way of a street shall not be used to provide required parking or loading facilities, and no ramp or other parking or loading facilities shall be located or constructed within the proposed ultimate street right-of-way, and all ramps, structures or required parking and loading facilities shall be designed to meet ultimate street construction.

(E)

Truck loading doors and facilities shall not front directly on a public street unless said truck loading doors and facilities are completely screened from public view by decorative masonry walls or appropriate landscape screening. Notwithstanding the above, all truck loading doors and facilities shall be located a minimum of 75 feet from the property line adjoining a public street.

(F)

Truck loading doors and facilities shall be designed and located in a manner that prohibits trucks from backing in from or onto a major or secondary highway.

(G)

An interior yard area used for truck loading and unloading shall be completely screened from public view with decorative masonry walls or appropriate landscaping.

('64 Code, § 54.20; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75; Am. Ord. 700, passed 9-11-86; Am. Ord. 746, passed 4-13-89)

Cross reference— Penalty, see § 10.97

All land hereafter used for public or private parking areas, including commercial parking lots and vehicle sales areas, and all loading areas shall be developed and maintained in good condition and in accordance with the provisions of this chapter. Said parking and loading areas shall be kept free of dust and litter at all times, and markings, paving, walls, light standards and all other facilities shall be permanently maintained.

('64 Code, § 54.21; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

All off-street parking areas, vehicle sales areas, loading areas and any access driveways thereto, shall be paved. Such paving shall consist of suitable base material, topped with hard, durable, plant-mix asphaltic paving at least two inches thick after compaction, or portland cement paving at least three inches thick. The surface shall be graded and drained so as to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from adjoining property. Such drainage shall not be allowed across the surface of a public sidewalk or driveway unless approval has first been granted from the Director of Public Works.

('64 Code, § 54.22; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

When off-street parking facilities are located in a required side or rear yard adjoining property in a residential zone, park or school, a six-foot masonry wall shall be constructed along such property line; except, that adjoining a front yard setback area, said wall shall be not less than two feet nor more than 3 1/2 feet high.

('64 Code, § 54.23)

Cross reference— Penalty, see § 10.97

Any lighting used to illuminate off-street parking facilities or vehicle sales areas shall be so arranged as to reflect the light away from the adjoining premises in any residential zone.

('64 Code, § 54.24)

Cross reference— Penalty, see § 10.97

All required parking areas shall have the following improvements:

(A)

Parking areas shall be legibly marked off on the pavement, showing the required parking spaces. All parking spaces which are provided as compact spaces shall be further identified by having the words "compact," or comparable wording legibly written on the pavement, wheel stop or on a clearly visible sign.

(B)

Bumper guards or wheel stops shall be provided, where appropriate to insure that no portion of the vehicles parked on the premises shall extend over the property line or planned street width line along the perimeter of the parking area; however, fences or walls may be substituted for said bumper guards or wheel stops provided they are located in such a manner as to accomplish the intent and purpose of this section.

('64 Code, § 54.25; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Required parking area shall be used exclusively for vehicle parking in conjunction with a permitted use and shall not be reduced or encroached upon in any manner except that they may be used for special events in accordance with the provisions of §§ 155.610 through 155.658 of this chapter. The parking facilities shall be so designed and maintained as not to constitute a nuisance at any time, and shall be used in such a manner that no hazard to persons or property, or unreasonable impediment to traffic, will result.

('64 Code, § 54.26)

Cross reference— Penalty, see § 10.97

The required off-street parking and loading facilities shall be a continuing obligation of the property owner so long as the use requiring vehicle parking vehicle loading facilities continues. It shall be unlawful for an owner of any building or use to discontinue or dispense with the required vehicle parking or loading facilities without providing other vehicle parking or loading area which meets the requirements of this chapter.

('64 Code, § 54.27)

Cross reference— Penalty, see § 10.97

At the time a building permit is requested for any building or structure, or at the time a new fuse of land which would require off-street parking is established, a plot plan, drawn to scale and accurately dimensioned, shall be submitted showing the proposed development of the property, including the layout and development of the parking and loading facilities. All parking and loading spaces shall be designated as well as access driveways, circulation aisles and other improvements. The Director of Planning and Development may disapprove such plans if he finds they are inconsistent with the requirements of this chapter.

('64 Code, § 54.28; Am. Ord. 358, passed 7-10-69)

(A)

Off-street loading space shall be provided and maintained on the same lot with every building or separate occupancy thereof which requires the receipt or distribution of goods, materials, merchandise or supplies by vehicle.

(B)

The following provisions shall apply to all required loading space:

(1)

The minimum area required for a loading space shall be not less than 250 square feet where the gross floor area of all buildings on the lot or parcel of land is more than 10,000 square feet and not more than 20,000 square feet.

(2)

The minimum area required for a loading space shall be not less than 500 square feet where the gross floor area of all buildings on the lot or parcel of land is more than 20,000 square feet and not more than 50,000 square feet.

(3)

The minimum area required for a loading space shall be not less than 750 square feet where the gross floor area of all buildings on a lot or parcel of land exceeds 50,000 square feet.

(4)

The minimum required loading area shall be not less than ten feet in width and 25 feet in length, and shall have an unobstructed height of not less than 14 feet.

('64 Code, § 54.29; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

(A)

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alternative Transportation. The use of modes of transportation other than the single passenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.

Applicable Development. Any development project that is determined to meet or exceed the project size threshold criteria contained in division (D) of this section.

Buspool. A vehicle carrying 16 or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed schedule.

The California Environmental Quality Act (CEQA). A statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development.

Carpool. A vehicle carrying two to six persons commuting together to and from work on a regular basis.

Developer. The builder who is responsible for the planning, design and construction of an applicable development project. A Developer may be responsible for implementing the provisions of this section as determined by the property owner.

Development. The construction or addition of new building square footage. Buildings or building additions which existed prior to the effective date of this section are exempt from these requirements. Building additions which are applied for after the effective date of this section must comply with these requirements if the square footage of the addition exceeds the threshold defined in division (D) of this section.

Employee Parking Area. The portion of total required parking at a development used by on-site employees. Unless specified in the City/County Zoning Building Code, employee parking shall be calculated as follows:

Preferential Parking. Parking spaces designated or assigned, through use of a sign or painted space markings for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single occupant vehicles.

Property Owner. The legal owner of a development who serves as the lessor to a tenant. The Property Owner shall be responsible for complying with the provisions of this chapter either directly or by delegating such responsibility as appropriate to a tenant and/or his agent.

South Coast Air Quality Management District (SCAQMD). The regional authority appointed by the California State Legislature to meet federal standards and otherwise improve air quality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties).

Tenant. The lessee of facility space at an applicable development project.

Transportation Demand Management (TDM). The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services, and policies. TDM addresses, alternatives to single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as is the case in telecommuting or compressed work weeks).

Trip Reduction. Reduction in the number of work-related trips made by single occupant vehicles.

Vanpool. A vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to 15 adult passengers, and on a prepaid subscription basis.

Vehicle. Any motorized form of transportation, including but not limited to automobiles, vans, buses and motorcycles.

(B)

Land use analysis program. All development projects for which an Environmental Impact Report (EIR) is required to be prepared shall be subject to the Land Use Analysis Program contained in the Los Angeles County Congestion Management Program (CMP), and shall incorporate into the EIR an analysis of the projects' impacts on the regional transportation system. Said analysis shall be conducted consistent with the Transportation Impact Analysis (TIA) Guidelines contained in the most recent Congestion Management Program adopted by the Los Angeles County Metropolitan Transportation Authority.

(C)

Review of transit impacts.

(1)

Prior to approval of any development project for which an Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice of Preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this chapter shall be exempted from its provisions. The "Transit Impact Review Worksheet" contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent an NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft Environmental Impact Report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA.

(2)

Phased development project, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(D)

Transportation demand and trip reduction measures.

(1)

Applicability of requirements.

(a)

Prior to approval of any development project, the applicant shall make provision for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

(b)

This section shall not apply to projects for which a development application has been deemed "complete" by the city pursuant to Cal. Gov't Code § 65943, or for which a Notice of Preparation for a DEIR has been circulated or for which an application for a building permit has been received, prior to the effective date of this section.

(2)

Development standards. All facilities and improvements constructed or otherwise required within this section shall be maintained in a state of good repair.

(a)

Nonresidential development of 25,000 square feet or more shall provide the following to the satisfaction of the city: a bulletin beard, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

1.

Current maps, routes and schedules for public transit routes serving the site;

2.

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

3.

Ridesharing promotional material supplied by commuter-oriented organizations;

4.

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

5.

A listing of facilities available for carolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

(b)

Nonresidential development of 50,000 square feet or more shall comply with development standards of this division and shall provide all of the following measures to the satisfaction of the city:

1.

Not less than ten percent of employee parking area shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of city. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet and two spaces for projects over 100,000 square feet will be signed/striped for carpool/vanpool vehicles.

2.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven feet two inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.

3.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first 50,000 square feet of nonresidential development and one bicycle per each additional 50,000 square feet of nonresidential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the city.

(c)

Nonresidential development of 100,000 square feet or more shall comply with the development standards of this division, and shall provide all of the following measures to the satisfaction of the city:

1.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

2.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

3.

If determined necessary by the city to mitigate the project impact, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

4.

Safe and convenient access from the external circulation system to bicycle parking facilities on-site.

(E)

Monitoring. Prior to the issuance of a certificate of occupancy each development shall be certified to be in compliance with the provisions of this section.

(F)

Enforcement. The enforcement of all provisions of this section shall be the responsibility of the Director of Planning and Development, or his duly designated representatives. In the event of a violation of these provisions, all departments, officials and public employees vested with the duty and authority to issue licenses or permits shall not issue said licenses or permits. Any license or permit so issued shall be null and void.

('64 Code, § 54.30; Am. Ord. 820, passed 2-11-93)

Cross reference— Penalty, see § 10.97

The general purpose of the regulations regarding signs and advertising structures set forth in this chapter shall be to minimize hazards and obstructions to traffic and thereby promote traffic safety; to protect persons and property values from damage due to indiscriminate and harmful use of signs and advertising structures; and to preserve a pleasing and attractive appearance in all areas of the city and thereby foster orderly development of a high standard.

('64 Code, § 55.00; Am. Ord. 1118, passed 9-7-21)

No signs or advertising structures of any kind shall be erected or located except those permitted in the various zones and in compliance with the provisions of the following sections.

('64 Code, § 55.01; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

The provisions and regulations of this chapter shall not apply to the following types of signs:

(A)

Official notices issued by any court, public body or officer.

(B)

Notices posted by any public officer in performance of a public duty, or by any person in giving legal notice.

(C)

Traffic, directional, warning or information signs, or structures, required or authorized by any federal, state, county or city regulation, ordinance or resolution.

(D)

Any signs used for emergency purposes only.

(E)

Permanent memorial or historical signs, plaques or markers.

(F)

Bulletin or announcement boards not over 12 square feet in area per 100 feet of street frontage, related to the structure to which it is appurtenant and located on the premises of public, charitable or religious institutions.

(G)

Identification signs not more than one square foot in area may bear the name, title and address of the occupant on the premises where said sign is located.

('64 Code, § 55.02)

(A)

To ensure compliance with the regulations contained in this chapter, a sign permit shall be required in order to erect, repair, alter, relocate or maintain any sign or advertising structure except as provided in this subchapter. Application for said permit shall be on a form provided by the city and shall be accompanied by a filing fee as set by City Council resolution.

(B)

The following signs and advertising structures shall be exempt from the required permit set forth in this subchapter:

(1)

Signs and advertising structures regulated by the Building Code and for which a valid building permit has been issued.

(2)

Temporary architects or builder's signs.

(3)

Signs pertaining to the sale, lease or rental of any structure or site when the sign is located on said site.

(4)

Direction signs in connection with off-street parking and loading facilities.

(5)

Signs of less than four square feet in area.

('64 Code, § 55.04; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

(A)

Purpose. Electronic billboards are recognized as a legitimate form of commercial use in the city. However, the size, number, location, and illumination of electronic billboards can have significant influence on the city's visual environment, and can, without adequate control, create or contribute to blighted conditions. The purpose of this section is to provide reasonable electronic billboard controls along the Interstate 605 corridor through the city, recognizing that community appearance is an important factor in ensuring the general community welfare.

(B)

Location of Interstate 605 corridor. The Interstate 605 corridor consists of properties that are immediately adjacent to Interstate 605.

(C)

Sign permit required. To ensure compliance with the regulations contained in this section, a sign permit shall be required in order to erect, repair, alter, relocate, or maintain any electronic billboard. Application for said permit shall be on a form provided by the city and shall be accompanied by a filing fee as set by City Council resolution.

(D)

Conflicts with other provisions of the zoning ordinance. Electronic billboards allowed under the provisions of this section shall be in addition to all other signs allowed by the zoning ordinance. The locations and heights of allowed electronic billboards shall be governed by this section. If there is a conflict between the provisions of this section and other sections of the zoning ordinance, the provisions of this section shall control.

(E)

Permitted use in the Manufacturing zones. Subject to the limitations of this section, and notwithstanding the provisions of any other Section of the zoning ordinance, electronic billboards shall be a permitted use in the M-1 and M-2 zones along the 605 corridor.

(F)

Operating agreement required. Electronic billboards shall only be permitted when the city has entered into an operating agreement with an electronic billboard owner to allow for an electronic billboard under certain circumstances; including (i) compensation to the city; (ii) the provision of access to the city to a portion of the total available display time to allow the city to present messages of community interest and information, and public safety; (iii) the provision of access to the appropriate agencies for the purpose of displaying "Amber Alert" messages and emergency-disaster communications; and (iv) to establish quality and maintenance standards.

(G)

Sign design requires development plan approval. Electronic billboards shall be subject to development plan approval review and approval consistent with §§ 155.735 through 155.747 of this chapter.

(H)

Locations prohibited.

(1)

Within a classified "landscaped freeway" pursuant to the state regulations relating to the California Outdoor Advertising Act (4 California Code of Regulations §§ 2500 et seq.), as they currently exist or may hereafter be amended.

(2)

More than 200 feet from the centerline of Interstate 605.

(3)

On or encroaching over the public right-of-way. No portion of an electronic billboard shall project over the width of any street, highway, sidewalk, or other public right-of-way.

(4)

On the roof of a building or projecting over the roof of a building, whether the building is in use or not.

(5)

On the wall of a building or otherwise attached to, or integrated to, or suspended from a building.

(6)

Within 200 feet of residential uses as measured from the centerline of the support post to the exterior wall of the nearest habitable residential structure, as such use exists on the date the electronic billboard development plan approval application is approved by the city. This minimum distance may be reduced to 180 feet if the electronic billboard utilizes the most effective light reducing technology available in the industry, proven to reduce light impacts below standard LED displays and documented by an independent engineering light study.

(7)

Within 1,000 feet of another electronic billboard on the same side of the freeway, as measured from the centerline of the support post of each electronic billboard.

(8)

Within 500 feet of a freeway oriented freestanding sign, as measured from the centerline of the support post of the electronic billboard and the freeway oriented freestanding sign.

(9)

In no event shall any billboard be permitted in any location which would result in a violation of any applicable federal, state, or local law.

(I)

Development standards.

(1)

V-shape billboards. V-shape billboards shall not be located immediately adjacent to another v-shape billboard on the same side of the freeway.

(2)

Maximum height. Heights of electronic billboards shall be established relative to topography and setting so as to provide the best balance between the sign's purpose of effectively communicating a visual message, the setting including topography and surrounding architecture, and freeway traffic safety. However, in no case shall an electronic billboard exceed a maximum height of 50 feet as measured from the center line of the nearest travel lane of Interstate 605 to the top edge of the electronic billboard face. This excludes architectural elements, which may extend up to six feet above the 50-foot height limit.

(3)

Minimum setback. The minimum setback distance of the electronic billboard column support post shall be at least 25 feet from any property line and at least 25 feet from any building. Upon a showing of good cause, the minimum setbacks may be reduced as a part of the development plan approval review, if the Planning Commission finds that the electronic billboard as proposed will not be placed and/or designed in such a manner as to create a traffic hazard. Examples of such sign placement and/or design include, but are not limited to, signs which interfere with traffic sight distances, traffic flow or the visual access to a traffic sign; and signs with color, configuration, text or location which cause them to be mistaken for, or otherwise imitate, a traffic sign or signal.

(4)

Driveways. Electronic billboards projecting over a driveway or driving aisle shall have a minimum clearance of 16 feet between the lowest point of the face, including architectural elements, and the driveway grade.

(5)

Pedestrian walkway. Electronic billboards projecting over a pedestrian walkway shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and the walkway grade.

(6)

Minimum ground clearance. Electronic billboards shall have a minimum clearance of eight feet between the lowest point of the face, including architectural elements, and ground level so as not to provide an attractive nuisance for graffiti and vandalism.

(7)

Face orientation. Electronic billboards shall be designed to be viewed primarily by persons traveling on the main-traveled way of the freeway. No electronic billboard shall have more than one face (display surface) oriented in the same vertical plane.

(8)

The electronic billboard shall be constructed to withstand a minimum wind pressure of 20 pounds per square foot of exposed surface.

(9)

Each electronic billboard shall comply with all applicable federal, state, and local laws and regulations, including but not limited to, the Highway Beautification Act of 1965 (23 U.S.C. § 131 et seq.), the California Outdoor Advertising Act (Cal. Bus. and Prof. Code §§ 5200 et seq.), and the California Vehicle Code, as they currently exist or may hereafter be amended.

(J)

Standards of design.

(1)

All new electronic billboards shall be designed to have a single cylindrical column support post.

(2)

The single cylindrical column support post of all electronic billboards shall be provided with an architectural façade.

(3)

Maximum number of faces. No electronic billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed.

(a)

The faces of two-sided electronic billboards shall be identical in size.

(b)

The top, bottom, and sides of the faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face. Architectural elements shall also be aligned on both sides of the electronic billboard.

(4)

Maximum face size. Each face of the sign shall be no larger than 14 feet by 48 feet in dimension (total 672 square feet), plus framing.

(5)

Screening. All exposed portions of electronic billboards, including backs, sides, under areas, support members and support posts, shall be screened to the satisfaction of the Director of Community Development or designee.

(6)

The angle between the faces of a v-shape electronic billboard shall be no greater than 30 degrees.

(7)

The utilities of each electronic billboard shall be underground.

(K)

Strict application of design and numerical standards not required. In general, no electronic billboard should exceed the number, size, height, or location limitations set forth in this section. However, as rigid numerical or other design standards may preclude exceptional design that might better achieve the purpose and objectives of this section, exceptions to the stated numerical or design standards, including size, shape, and location, may be approved by the Planning Commission when appropriate, provided any resulting determinations or approvals shall be supported by clear and descriptive findings that are consistent with and which achieve one or more of the purposes and the objectives of this chapter. No design exceptions may be approved for prohibited signs. For any approval of an electronic billboard which does not strictly conform to the stated numerical and design standards set forth in this section or the applicable development plan approval, the Planning Commission must first make the following findings in writing:

(1)

The proposed electronic billboard achieves the purposes and objectives of this section and the city sign ordinance; and

(2)

The proposed electronic billboard exemplifies innovation and creativity and is appropriate and consistent with the architecture and context of the building and the neighborhood where the sign will be located; and

(3)

The proposed electronic billboard is consistent with all applicable sign guidelines or has been determined by Planning Commission to better achieve the purpose and objectives of this sign subchapter than the strict application of said sign guidelines and standards.

(L)

Operational restrictions.

(1)

No electronic billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature, and smog index units, provided the frequency of change does not exceed four-second intervals.

(2)

Minimum display time. Each message on the sign must be displayed for a minimum of four seconds or the minimum time allowed under the State of California Outdoor Advertising Act and Caltrans implementing regulations, whichever is the shorter period of time.

(3)

Maximum display time. Electronic billboard messages shall be displayed for no longer than two minutes at a time.

(4)

Each electronic billboard shall be tied into the National Emergency Network and provide emergency information, including child abduction alerts (i.e., "Amber Alerts").

(5)

Each electronic billboard shall be designed to either freeze the display in one static position, display a full black screen, or turn off in the event of a malfunction.

(6)

No electronic billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to, a radio frequency identification device, geographic positions system, or other device.

(7)

No electronic billboard shall emit audible sound, odor, or particulate matter.

(8)

No electronic billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."

(9)

No electronic billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals, nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Cal. Vehicle Code § 21466.5.

(10)

Each electronic billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions.

(11)

Electronic billboards shall not operate at brightness levels of more than 0.3 foot-candles above ambient light, as measured using a foot-candle meter at a distance of 250 feet for a sign with a nominal face size of 14 feet by 48 feet.

(12)

No electronic billboard shall be maintained in the city unless the name of the person or company owning or maintaining it and the identifying number of the electronic billboard are plainly displayed thereon.

(M)

Outdoor advertising permit. Outdoor advertising displays require a permit from Caltrans if they are located within 660 feet from the edge of the right-of-way and viewed primarily by persons traveling on a freeway.

(N)

Additional requirements. Prior to issuance of a building permit for any electronic billboard project subject to the requirements of this chapter, the applicant shall provide the following:

(1)

The telephone number of a maintenance service, to be available 24 hours a day, to be contacted in the event that an electronic billboard becomes dilapidated or damaged.

(2)

Proof of lease demonstrating a right to install the electronic billboard on the subject property.

(3)

A list of locations of all electronic billboards in the city owned or managed by the entity that will own or manage the subject electronic billboard.

(O)

Future technologies. The technology currently being deployed for electronic billboards is LED (light emitting diode), but there may be alternate, preferred, or superior technology available in the future. Owners of electronic billboards are authorized to change the electronic billboards to any other technology that operates under the maximum brightness standards in division (L) of this section. The city shall expedite any required approvals for technology that is superior in energy efficiency over previous generations or types.

(P)

After receiving approval to install an electronic billboard, owners of electronic billboards may replace the digital faces to their electronic billboard, however, the following shall apply:

(1)

All required permits are obtained.

(2)

All screening and architectural elements are maintained.

(3)

The number of physical sign faces shall not be increased.

(4)

The overall size of the sign faces shall not be increased by more than five percent over the originally approved design.

(Am. Ord. 1118, passed 9-7-21; Ord. 1146, passed 10-15-24; Ord. 1155, passed 4-1-25)

Cross reference— Penalty, see § 10.97

Temporary signs denoting the architect, engineer, contractor or builder may be erected on the building site of any work under construction, alteration or removal. Such signs shall not require a permit but shall be removed from the site within seven days after completion of the project.

('64 Code, § 55.06)

Cross reference— Penalty, see § 10.97

Portable signs, including A-frame, sandwich boards, poster boards and signs mounted on trailers or motor vehicles which are capable of being carried or readily moved from one spot to another, shall be prohibited in all zones.

('64 Code, § 55.06.1; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

No property in any zone shall be used for the purpose of displaying an advertising sign or structure located upon or fastened to a motor vehicle, nor shall a motor vehicle be parked on any parking area or street for the purpose of displaying an advertising sign or structure.

('64 Code, § 55.06.2; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Temporary signs concerning the original public sale of property in a subdivision tract are permitted in all zones; provided that:

(A)

All such signs must be located on some portion of the land being advertised for sale.

(B)

Each sign shall not exceed a total area of 150 square feet.

(C)

There shall not be more than one such sign for each 500 feet of street frontage in the tract, and a total of not more than ten such signs.

(D)

Along any street the signs shall be spaced not less than 150 feet from each other.

(E)

Such temporary signs may be permitted in required yard setbacks; provided, they are not less than ten feet from any street property line.

(F)

No sign shall exceed a height of 15 feet above the natural grade of the site.

(G)

Such signs shall be indirectly lighted and all lights shall be placed so as to not cause undue light or glare on surrounding property or streets.

(H)

Signs shall be removed within 30 days after completion of sales activities in connection with the property or tract to which they pertain. To insure said removal, a faithful performance bond sufficient to cover cost of removing and disposing of said signs shall be posted with the city prior to erection of said signs.

('64 Code, § 55.07)

Cross reference— Penalty, see § 10.97

(A)

No signs or advertising structures shall be permitted in any zone within 500 feet of either side of the right-of-way of any freeway except as provided in this subchapter.

(B)

The following types of signs and advertising structures shall be permitted along a freeway; provided that all other provisions of this division are met:

(1)

Signs which serve only to identify the building upon which the signs are located, the person, firm or corporation occupying the building, the type of business conducted on the premises, or the products manufactured or produced on the premises.

(2)

Electronic reader board signs as provided in this division.

(3)

Not more than two temporary signs, each not exceeding 16 square feet in area and located a minimum of 50 feet apart, pertaining to the sale, lease or rental of the site or structures on the site. Said sign(s) shall be removed from the site upon occupancy of the site, structure or unit.

('64 Code, § 55.09; Am. Ord. 367, passed 12-11-69; Am. Ord. 746, passed 4-13-89; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

(A)

Development plan approval shall be required for the establishment of freestanding center signs.

(B)

In addition to any other conditions which the Planning Commission may impose on the granting of said development plan approval, the following criteria and conditions shall apply:

(1)

Freestanding center signs shall only be approved for unified commercial and industrial developments such as shopping centers, business parks and similar developments which are five or more acres in area.

(2)

Freestanding center signs shall only be approved in conjunction with the approval of a comprehensive sign program for the entire unified commercial or industrial development served pursuant to § 155.526 of this chapter.

(3)

The size, area, height, location, and the like, of freestanding center signs shall be subject to the sign development standards and limitations of the underlying zone of the property served, except that freestanding center signs may be approved in excess of the height and area limitations for free standing signs if the height and area of the sign are in proportion to the scale of the development served as determined by the Planning Commission.

('64 Code, § 55.10; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

A comprehensive sign program shall be prepared for approval by the Director of Community Development for all unified commercial and industrial developments such as shopping centers, business parks, industrial parks and similar developments which are five or more acres in area. The comprehensive sign program shall specify the design criteria including but not limited to sign area allocation per unit or building and shall show the relationship of the individual signs to the buildings and development as a whole. All signs shall be designed in good taste, have balance and symmetry and be fabricated and installed with high quality workmanship and in accordance with the approved comprehensive sign program.

('64 Code, § 55.11; Am. Ord. 700, passed 9-11-86; Ord. 1146, passed 10-15-24)

Cross reference— Penalty, see § 10.97

Window signs shall not exceed 25 percent of the window area of the premises served and shall be subject to the sign limitations of the underlying zone except that window signs exceeding said 25 percent area limitations may be permitted for special sales events provided that approval is granted by the Director of Community Development and that said signs exceeding the area limitations shall be limited to not more than five 14-day periods in any calendar year.

('64 Code, § 55.12; Am. Ord. 700, passed 9-11-86; Ord. 1146, passed 10-15-24)

Cross reference— Penalty, see § 10.97

The height of a sign shall be measured at the highest average ground level within three feet of either side of said sign. In order to allow for variations in topography, the height of a sign may vary an amount not to exceed six inches from the height required by this chapter.

('64 Code, § 55.13; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

(A)

No sign or advertising structure shall be permitted which in any way endangers the health or public safety by causing distraction to operators of motor vehicles on streets and highways, or creates a traffic hazard by obstructing vision, or is detrimental or harmful to the use of surrounding properties.

(B)

All signs shall be subject to the following limitations as to location, illumination, and color:

(1)

No sign shall be located where it would interfere with, obstruct the view of or be confused with any authorized traffic sign.

(2)

No sign shall be illuminated in such a way as to cause glare or light to be transmitted in detrimental or harmful concentrations onto adjoining properties or streets.

(3)

No sign shall be of such color or lighted with such color as to be confused with or resemble public regulatory signs or signals.

('64 Code, § 55.14; Am. Ord. 700, passed 9-11-86; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

Streamers, banners, pennants, whirling devices or similar objects which wave, float, fly, rotate or move in the breeze shall be prohibited in all zones, except that only banners may be permitted for four periods of time, each of which shall not exceed 30 consecutive days and separated by 15 days in any calendar year, for a sales promotion. In addition, new businesses, without any permanent signs, may display a banner for a one time period not to exceed 45 days for the purpose of a temporary business identification. A sign permit in accordance with the provisions of § 155.518(A) shall be obtained for each occurrence. This restriction shall not apply to official national flags or banners announcing public events, or usual Christmas decorations for the period beginning 45 days prior to Christmas, and terminating ten days after Christmas.

('64 Code, § 55.15; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86; Am. Ord. 1046, passed 10-24-13)

Cross reference— Penalty, see § 10.97

Signs and advertising structures, unless otherwise specified in this chapter, shall not be located in any required front yard nor in any required side yard adjoining a street on a corner lot.

('64 Code, § 55.16; Am. Ord. 700, passed 9-11-86; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

No sign shall be permitted which projects over the planned street width of any street, highway or other public way.

('64 Code, § 55.17; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

(A)

All signs and advertising structures and the ground and/or landscaped area thereunder, shall be kept in good repair and maintained in a neat and orderly manner.

(B)

In addition, the following provisions shall apply:

(1)

Signs and sign support structures shall be maintained at all times in a state of good repair, with all braces, bolts, clips, supporting frame and fastenings free from deterioration, termite infestation, rot, rust or loosening. They shall be able to safely withstand at all times the wind pressure for which they were originally designed, and in no case less than required by the city's building laws.

(2)

Every sign shall be maintained in a clean, safe, and good working condition, including the replacement of defective parts, defaced or broken faces, lighting and other acts required for the maintenance of said sign. The display surfaces shall be kept neatly painted or posted at all times.

(3)

Within 60 days after a sign becomes abandoned, said sign shall be removed or the face of said sign shall be removed and replaced with blank panels or shall be painted out. Abandoned signs which are painted on building walls and fascias shall be painted out in a manner such that said building walls and fascias are left a uniform color which is consistent with the rest of the building.

('64 Code, § 55.18; Am. Ord. 700, passed 9-11-86; Am. Ord. 1118, passed 9-7-21)

Cross reference— Penalty, see § 10.97

Sign area shall be calculated by measuring the entire area within a single continuous perimeter, including the extreme elements of such sign and any background or wall area or backing constructed, painted or installed as an integral part of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. The area of double-faced signs shall be the area of the larger single face. Both faces of a double-faced sign may be calculated as a single sign area; provided, that the faces are approximately parallel to each other and not more than two feet apart at the farthest point.

('64 Code, § 55.19; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

A sign permit shall be required in order to maintain a nonconforming sign. Where property, which on the effective date of this chapter or of any subsequent amendment thereto, is nonconforming only as to the regulations relating to signs, the use of said property may be continued in the same manner as if the signs were conforming; provided, valid sign permits have been obtained. However, nonconforming signs may not be enlarged or reconstructed.

('64 Code, § 55.20; Am. Ord. 700, passed 9-11-86; Ord. No. 1145, passed 8-22-24)

Cross reference— Penalty, see § 10.97

Sign guidelines established by the Director of Planning and Development shall be considered part of the sign provisions of this chapter as contained herein. The sign guidelines may be changed or modified from time to time as determined necessary by the Director of Planning and Development to promote aesthetically pleasing sign usage in the city.

('64 Code, § 55.21; Am. Ord. 746, passed 4-13-89)

(A)

Purpose and Intent. The purpose of this Section is to provide reasonable controls regarding the conversion of certain existing static poster billboards along surface streets in the City to electronic poster billboards. The intent is to allow for modernization of certain existing static poster billboards to electronic poster billboards in exchange for reducing the overall number of static poster billboards with a minimum one to one (1:1) exchange ratio. In no instance is this Section intended to allow for the development of new poster billboards (static or electronic).

(B)

Location. The conversion of existing static poster billboards along surface streets to electronic poster billboards shall only be permitted where:

1)

The sign face is not primarily viewed from a freeway.

2)

The existing static poster billboard is located on a commercial or industrial zoned property and is not within one hundred (100) feet of residentially zoned property that has a current residential use, unless it is determined by the Director of Community Development that based on a photometric study that there is no significant additional light intrusion than currently exists. The measurement shall be from the closest visible edge of the sign face to the closest edge of the residential use. If the sign face will not be visible to the residential use, no spacing is required.

3)

The replacement electronic poster billboard is no less than one thousand (1,000) feet from any other electronic poster billboard on the same side of the street or roadway and faces the same direction.

4)

The existing static poster billboard is not attached to a building rooftop.

5)

No structural alteration to the existing sign structure is required.

(C)

Removal Required. For every existing static poster billboard that is converted to an electronic poster billboard, a minimum of one additional static poster billboard shall be removed. The applicant, in conjunction with the Director of Community Development, shall agree on the static poster billboard to be removed.

(D)

Operating Agreement Required. The conversion of an existing static poster billboard to an electronic poster billboard shall only be permitted when the City has entered into an operating agreement with an electronic poster billboard owner to allow for an electronic poster billboard under certain circumstances; including (i) compensation to the City; (ii) the utilization of the electronic poster billboard by the City to display messages of community interest and information, and public safety; (iii) the utilization by the City (or other appropriate agencies) to display "Amber Alert" messages and emergency-disaster communications; (iv) to establish quality and maintenance standards; and (v) the removal of other existing poster billboards on a one to one (1:1) ratio, at a minimum.

(E)

Standards of design.

1)

Maximum number of faces. No electronic poster billboard shall have more than two faces. A face shall be considered the display surface upon which an advertising message is displayed.

a)

The faces of two-sided electronic poster billboards shall be identical in size.

b)

The top, bottom, and sides of the faces shall be in alignment, and no portion of either face shall project beyond the corresponding portion of the other face. Architectural elements shall also be aligned on both sides of the electronic poster billboard.

2)

Maximum face size. Each face of the sign shall be no larger than 12 feet by 25 feet (total 300 square feet), excluding cabinetry and trim.

3)

Screening. The support structure for each electronic poster billboard shall be painted a complementary color, as approved by the Director of Community Development or designee. Additionally, all mechanical equipment shall be screened to the satisfaction of the Director of Community Development or designee.

4)

Branding. The City of Santa Fe Springs name and/or City seal shall be included on each electronic poster billboard. The Director of Community Development or designee shall approve the location of the name and/or City seal.

5)

Removal of superfluous equipment. Any pre-existing ladders or other ancillary structures that were required for the static poster billboard, but which are not required for an electronic poster billboard, shall be removed in connection with the conversion.

6)

Utilities. When converting an existing static poster billboard to an electronic poster billboard, the applicant shall use the existing billboard utilities and upgrade only if necessary. The utilities shall be screened or otherwise concealed to the extent practical, as determined by the Director of Community Development.

(F)

Operational restrictions.

1)

No electronic poster billboard shall display flashing, shimmering, glittering, intermittent or moving light or lights. Exceptions to this restriction include time, temperature, and smog index units, provided the frequency of change does not exceed four-second intervals.

2)

Minimum display time. Each message on the sign must be displayed for a minimum of four seconds or the minimum time allowed under the State of California Outdoor Advertising Act and Caltrans implementing regulations, whichever is the shorter period of time.

3)

Maximum display time. Electronic poster billboard messages shall be displayed for no longer than two minutes at a time.

4)

Each electronic poster billboard shall be made available to the appropriate agencies for the purposes of displaying "Amber Alerts" or other emergency messages, at no cost, and in accordance with local and regional emergency protocols.

5)

Each operator of an electronic poster billboard shall monitor the poster billboard's condition in accordance with industry standards. All material outages and malfunctions must be repaired within 48 hours of being notified of a malfunction.

6)

No electronic poster billboard shall utilize technology that would allow interaction with drivers, vehicles or any device located in vehicles, including, but not limited to, a radio frequency identification device, geographic positions system, or other device.

7)

No electronic poster billboard shall emit audible sound, odor, or particulate matter.

8)

No electronic poster billboard shall simulate or imitate any directional, warning, danger or information sign, or any display likely to be mistaken for any permitted sign intended or likely to be construed as giving warning to traffic, by, for example, the use of the words "stop" or "slow down."

9)

No electronic poster billboard shall involve any red or blinking or intermittent light likely to be mistaken for warning or danger signals, nor shall its illumination impair the vision of travelers on the adjacent freeway and/or roadways. Illuminations shall be considered vision impairing when its brilliance exceeds the values set forth in Cal. Vehicle Code § 21466.5.

10)

Each electronic poster billboard shall be provided with an ambient light sensor that automatically adjusts the brightness level of the electronic sign based on ambient light conditions.

11)

Electronic poster billboards shall not operate at brightness levels of more than 0.3-foot candles above ambient light, as measured using a foot candle meter at a distance of 150 feet.

12)

No electronic poster billboard shall be maintained in the City unless the name of the person or company owning or maintaining it and the identifying number of the electronic poster billboard are plainly displayed thereon.

(G)

Additional requirements. Prior to issuance of the required City permits for any electronic poster billboard project subject to the requirements of this Chapter, the applicant shall provide the following:

1)

The telephone number and email address of a maintenance service, to be available 24 hours a day, to be contacted in the event that an electronic poster billboard becomes dilapidated or damaged.

2)

Proof of lease demonstrating a right to install the electronic poster billboard on the subject property.

3)

A list of locations of all electronic billboards in the City owned or managed by the entity that will own or manage the subject electronic poster billboard.

(Ord. 1146, passed 10-15-24)

The purpose of the landscaping requirements in this chapter shall be to enhance, conserve and stabilize property values by encouraging pleasant and attractive surroundings in all zones of the city and thus create the necessary atmosphere for the orderly development of a uniformly pleasant community. Landscaping also contributes to the relief of heat, noise and glare through the proper placement of green plants and trees.

('64 Code, § 56.00)

For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Landscaping. Some combination of planted trees, shrubs, vines, ground cover, flowers or lawns. In addition, the combination or design may include rock and such structural features as fountains, pools art works, screens, walls, fences, or benches, but such objects alone shall not meet the requirements of this subchapter. The selected combination of objects for landscaping purposes shall be arranged in a harmonious manner.

('64 Code, § 56.01)

Any property on which a building or structure is located or erected or on which a use of land is established, including any outdoor use, shall be required to provide landscaping in accordance with the provisions of this section.

('64 Code, § 56.02; Am. Ord. 700, passed 9-11-86)

Landscaped areas shall be provided with a suitable, fixed, permanent and automatically controlled method for watering and sprinkling of plants. This operating sprinkler system shall consist of an electrical time clock, control valves, and piped water lines terminating in an appropriate number of sprinklers to ensure proper watering periods and to provide water for all plants within the landscaped area. Sprinklers used to satisfy the requirements of this section shall be spaced to assure complete coverage of all landscaped areas.

('64 Code, § 56.02.1; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Required landscaped areas shall be maintained in a neat, clean, orderly and healthful condition. This is meant to include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary and the regular watering of all plantings.

('64 Code, § 56.03; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

Where landscaped screening is required, said screening shall consist of evergreen shrubs, closely spaced and maintained at substantially the specified height of said required screening. When not otherwise specified, screening shall consist of mature shrubs and shall be maintained at a height of from four to six feet.

('64 Code, § 56.04)

Cross reference— Penalty, see § 10.97

Any open area between a fence or wall and adjacent property line shall be maintained in a neat and orderly manner.

('64 Code, § 56.05)

Cross reference— Penalty, see § 10.97

No landscaping shall be permitted which in any way endangers the health or public safety by creating a traffic hazard by obstructing vision or which is detrimental or harmful to the use of surrounding property.

('64 Code, § 56.05.1; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

Where landscaping is required in this chapter, a plot plan showing the proposed landscape development, watering system and use of the property shall be submitted to the Department of Planning and Development. The same plot plan used to show parking layout or other requirements for the issuance of a building permit or planning approval may be used, provided all proposed landscaping is adequately detailed on said plot plan. The Director of Planning and Development may disapprove such plans if he determines that they are not consistent with the purposes of this chapter.

('64 Code, § 56.06; Am. Ord. 501, passed 6-24-75)

The minimum inside width of any required landscaped area, or any form of fixed planter box used to satisfy required landscaping, shall be three feet, unless otherwise specified in this chapter.

('64 Code, § 56.07; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

Any use of property, which on the effective date of this chapter or any subsequent amendment thereto is nonconforming only as to the regulations relating to landscaping, may be continued in the same manner as if the landscaping was conforming. However, such use may not be increased in intensity except in accordance with the requirements of this chapter, and any landscaping which may exist in the locations specified by this chapter shall not be reduced unless suitable substitutions are made, which would meet the requirements of this chapter.

('64 Code, § 56.08)

Cross reference— Penalty, see § 10.97

When the intensity of use of any premises is increased through the addition of 25 percent or more to the floor area or developed lot area, that portion of the premises shall provide the required landscaping in accordance with the provisions of this chapter. When the intensity of use is increased 60 percent or more, landscaping as required by this chapter shall be provided on the entire developed portion of the property.

('64 Code, § 56.09)

Cross reference— Penalty, see § 10.97

The Planning Commission may grant a temporary waiver of any of the landscaping provisions of this chapter where the following conditions exist:

(A)

Where the surrounding properties are predominantly undeveloped or are predominantly nonconforming with respect to the landscaping provisions of this chapter; and

(B)

Where the street is not yet completely improved and where the proposed landscaping is proposed for the area which would be disturbed by the widening and improvement of the street; and

(C)

Where the applicant agrees by signed affidavit to install the required landscaping when the above conditions no longer apply or at such other time as the Commission may designate.

('64 Code, § 56.10; Am. Ord. 358, passed 7-10-69)

The use of decorative rocks, boulders, gravel, redwood bark, and other similar material for ground cover in landscaped areas shall not exceed ten percent of the required landscaping. Moreover, such materials shall not be installed in the parkway or front yard setback areas of the property, except that large boulders may be installed in the front yard setback areas, provided further that the boulders do not impair sight visibility of traffic flow in the area.

('64 Code, § 56.11; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Landscape guidelines established by the Director of Planning and Development shall be considered part of the landscape provisions of this chapter as contained herein. The guidelines may be modified from time to time as determined necessary by the Director of Planning and Development to promote aesthetically pleasing landscape usage in the city.

('64 Code, § 56.12; Am. Ord. 746, passed 4-13-89)

The establishment of planned street widths and building setback lines is necessary in order to insure that there will be adequate amounts of light and air, to provide adequate visibility when entering or leaving the streets, to provide a proper setting for buildings away from the noise and fumes of traffic and to provide space for landscaping both now and in the future when all streets and highways have been widened to their ultimate width.

('64 Code, § 57.00)

The Planning Commission, after a study and report from the Director of Public Works and the Department of Planning and Development, may recommend the planned width of any street, existing or proposed. The Commission's action shall be in the form of a resolution, a copy of which shall be forwarded to the City Council.

('64 Code, § 57.01; Am. Ord. 510, passed 6-24-75)

The City Council may approve the Commission's recommendation, or it may request the Planning Commission to hold a public hearing on the matter of the proposed planned street width of any street or group of streets, or it may hold a public hearing on the matter itself. The Council's action in establishing the planned street width shall be final and the width determined shall be used in calculating the required yards and building setback lines set forth in this chapter.

('64 Code, § 57.02)

(A)

Building setback lines shall be measured from the street centerline and include 1/2 of the planned street width plus the yard requirements of the zone in which the property is located. The planned street width shall include appropriate corner cut-offs at street intersections.

(B)

Building setback lines are hereby established on all streets of the city in accordance with the following:

(1)

On all property adjacent to any street shown on the street and highway section of the master plan of the city, building setback lines shall include 1/2 of the planned street width as shown on said master plan, plus corner cut-offs, plus the yard requirements for the zone in which said property is located.

(2)

On all property adjacent to any street where the planned width has been determined by other official action, building setback lines shall include 1/2 of the total planned width plus corner cut-offs, plus the yard requirements for the zone in which said property is located.

(3)

On all property adjacent to a street upon which the planned street width has not been determined, a temporary building setback line shall include a distance of 30 feet from the centerline of said street plus corner cut-offs, plus the yard requirements for the zone in which said property is located.

('64 Code, §§ 57.03—57.04; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

No structure or building or any portion thereof shall be erected on any property within the building setback lines except as provided in this chapter.

('64 Code, § 57.05)

Cross reference— Penalty, see § 10.97

(A)

Except in the A-1 and R-1 Zones, no newly erected or enlarged building or structure shall be used or occupied, and the Building Inspector shall deny final public utility connections to any such building or structure, and shall deny the certificate of occupancy therefor, until the 1/2 of the street which is located on the same side of the center of the street as such lot has been dedicated and improved for the full width of the lot so as to meet the standards for such street as provided in § 155.580, or such dedication and improvement have been assured to the satisfaction of the City Engineer and the City Attorney, respectively, as hereinafter provided in § 155.578.

(B)

In those cases where only a small portion of a larger parcel of land is being utilized, the requirement for dedication and improvement of the abutting street shall apply only to the portion of the property being utilized, as shown on the plot plan submitted for approval in accordance with the requirements of the city's Building Code and zoning regulations. The amount of right-of-way to be dedicated shall be determined in accordance with §§ 155.570 through 155.574.

('64 Code, § 57.06; Ord. 337, passed 7-11-68)

Cross reference— Penalty, see § 10.97

The requirements of § 155.575 shall be modified in accordance with the following exceptions:

(A)

The maximum area of land required to be dedicated shall not exceed 25 percent of the area of any such lot or land in contiguous ownership as shown in the official records of the County Recorder's Office on the effective date of §§ 155.575 through 155.583.

(B)

Additional street improvements shall not be required where the property in question abuts a street which is already improved with standard street improvements as hereinafter defined. In such cases, however, dedication of right-of-way in accordance with the provisions of § 155.577 shall be required.

(C)

The provisions of § 155.575 shall not apply to the construction of one single-family dwelling unit with customary accessory buildings when erected on a lot in accordance with the provisions of this chapter.

(D)

The provisions of § 155.575 shall not apply to the construction of additions and accessory buildings incidental to a residential building legally existing on the lot, provided that no additional dwelling units or guest rooms are created.

(E)

The provisions of § 155.575 shall not apply to the construction of additions and accessory buildings incidental to other than a residential building existing on the lot on the effective date of §§ 155.575 through 155.583, provided that the total cumulative floor area of all such additions and accessory buildings shall not exceed 500 square feet.

('64 Code, § 57.07; Ord. 337, passed 7-11-68)

(A)

Any person required to dedicate land by the provisions of this subchapter shall present to the City Engineer a deed granting an easement for a public street and appurtenant purposes, properly executed by all parties in interest, including beneficiaries and trustees of deeds of trust, in a form approved by the City Attorney. The deed shall be recorded by the city upon its approval by the City Engineer and the City Attorney.

(B)

For the purposes of subchapter, dedication shall be deemed to have been satisfactorily completed when the City Engineer and the City Attorney accept for recordation the easement deed provided for herein. When such acceptance has taken place, the City Engineer shall notify the Building Department thereof.

('64 Code, § 57.08; Ord. 337, passed 7-11-68)

(A)

Any person required to make improvements by the provisions of this subchapter shall make and complete the same to the satisfaction of the City Engineer, or if the City Engineer shall determine that it is not practical to construct said improvements, the applicant shall file with the City Engineer a bond and undertaking, or other security, in a form approved by the City Attorney, in such amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required. Said undertaking shall be in recordable form, approved by the City Attorney, shall be binding upon and shall run with the land, and shall provide that the applicant or his successors in interest shall commence the improvements within 60 days after written notice from the City Engineer to do so, and shall thereafter diligently and continuously prosecute such improvements to completion. The applicant shall provide to the City Engineer such engineering studies, plans, surveys and other data, at the expense of the applicant, as the City Engineer may require, in order to make the estimate and determination of the bond amount.

(B)

Such bond may be either a cash bond, a bond executed by a company authorized to act as a surety in this state, or other security. The bond shall be payable to the city and be conditioned upon the faithful performance of any and all work required to be done, and that should such work not be done or completed within the time specified, the city may, at its election, cause the same to be done or completed, and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The bond shall be executed by all record owners of the lot as principal, and if a surety bond, shall also be executed by a corporation authorized to act as a surety under the laws of the state.

(C)

Whenever the owner elects to deposit a cash bond, the city is authorized, in the event of any default on his part, to use any or all of the deposit money to cause all of the required work to be done or completed, and for payment of all costs and expenses therefor. Any money remaining shall be refunded to the owner. Any deficiency shall be paid by the owner within ten days after billing by the city is mailed to the owner.

(D)

When a substantial portion of the required improvements has been completed to the satisfaction of the City Engineer and the completion of the remaining improvements is delayed due to conditions, determined by the City Engineer, to be beyond the owner's control, the City Engineer may accept the completed portion and consent to a proportionate reduction of the cash or surety bond in an amount estimated and determined by the City Engineer to be adequate to assure the completion of the required improvements remaining to be made.

(E)

Whenever a surety bond has been filed in compliance with this section, the city is authorized, in the event of any default on the part of the principal, to enforce collection, under such bond, for any and all damages sustained by the city, including attorneys fees and court costs in an amount to be fixed by the court, by reason of any failure on the part of the principal faithfully and properly to do or complete the required improvements, and, in addition, may cause all of the required work to be done or completed, and the surety upon the bond shall be firmly bound for the payment of all necessary costs thereof.

(F)

The term of the bond shall begin on the date of the acceptance by the City Engineer of the cash or his acceptance of the filing of the surety bond, and shall end upon the date of the completion to the satisfaction of the City Engineer of all improvements required to be made. The fact of such completion shall be endorsed by a statement thereof signed by the City Engineer, and the deposit shall be returned to the owner, or the surety bond may be exonerated, at any time thereafter.

(G)

For purposes of this section, improvement shall be considered as satisfactorily assured when the City Engineer accepts the cash or surety bond provided for herein or the improvements required to be made have been completed to his satisfaction. When the City Engineer accepts the bond or the work has been completed to his satisfaction, he shall notify the Building Department.

(H)

Where a cash or surety bond is accepted by the City Engineer, such cash deposit shall be returned, or the surety bond shall be exonerated, as the case may be, upon the written request of the applicant or his successor in interest, if the City Engineer does not give the notice to proceed in accordance with division (A) of this section within ten years from the date of his acceptance of the cash or surety bond. In such event, the undertaking given by the applicant shall also be released and the applicant and his successors in interest shall have no further responsibility for compliance with the provisions of §§ 155.575 through 155.583.

('64 Code, § 57.09; Ord. 337, passed 7-11-68)

When all dedication and improvements required by this subchapter have been completed or satisfactorily assured, the Building Inspector shall approve final public utility connections and the certificate of occupancy.

('64 Code, § 57.10; Ord. 337, passed 7-11-68)

The public streets to be improved shall be constructed and improved in accordance with the following standards insofar as such is practical and will not create an undue hardship:

(A)

Street requirements.

(1)

Major highways shall be dedicated to a minimum width of 100 feet, with roadway, sidewalk and parkway widths in accordance with standard city specifications as approved by the City Engineer. Improvements to the highway shall include curb and gutter, paving, sidewalks, streetlights, wheel chair ramps, and graded parkway.

(2)

Secondary highways shall be dedicated to a width of 80 feet, with roadway, sidewalk and parkway widths in accordance with standard city specifications as approved by the City Engineer. Improvements to the highway shall include curb and gutter, paving, sidewalks, street lights, wheel chair ramps, and graded parkway.

(3)

Industrial streets shall be dedicated to a width of 64 feet, with roadway, sidewalk and parkway widths in accordance with standard city specifications as approved by the City Engineer. Improvements to the highway shall include curb and gutter, paving, sidewalks, street lights, wheel chair ramps, and graded parkway.

(4)

Through collector streets shall be dedicated to a width of 64 feet, with roadway, sidewalk and parkway widths in accordance with standard city specifications as approved by the City Engineer. Improvements to the highway shall include curb and gutter, paving, sidewalks, street lights, wheel chair ramps, and graded parkway.

(5)

Local residential streets shall be dedicated to a width of 60 feet, with roadway, sidewalk and parkway widths in accordance with standard city specifications as approved by the City Engineer. Improvements to the highway shall include curb and gutter, paving, sidewalks, streetlights, wheel chair ramps, and graded parkway.

(6)

In addition, each intersection shall be dedicated so as to provide a corner radius or a cut corner, and such dedication shall be improved, all in accordance with standard city specifications as approved by the City Engineer for such intersection.

(B)

All improvements required to be made by the provisions of § 155.575 shall be done in accordance with the applicable then-existing provisions of the Department of Public Works standards and specifications.

(C)

The City Engineer may approve and allow such variations and deviations from the aforesaid requirements as he determines are made necessary by the conditions of the terrain and the existing improvements contiguous to the property involved.

(D)

The City Manager may waive the requirement of sidewalk construction in connection with the construction of buildings used for commercial or industrial purposes when the City Manager finds that the building is not along a route travelled by pedestrians to schools, churches or stores.

('64 Code, § 57.11; Ord. 337, passed 7-11-68; Am. Ord. 563, passed 8-9-79)

Cross reference— Penalty, see § 10.97

(A)

Any person required to dedicate land or make improvements under the provisions of this subchapter may appeal any determination made by the City Engineer in the enforcement or administration of the provisions of such sections to the City Council.

(B)

Such an appeal shall be in writing; shall state in clear and concise language the grounds therefor; and shall be filed with the City Clerk within ten days of the date of the City Engineer's action which is appealed from. Within ten days from the date of the filing of such an appeal, the City Engineer shall transmit all relevant information in his files and his report and recommendation thereon to the City Council.

(C)

The City Clerk shall give to the applicant at least five days' notice, by prepaid first class mail, of the date, place and time of the meeting at which the City Council will consider said appeal. At such meeting, the applicant shall be given a reasonable opportunity to be heard in support of his appeal.

(D)

The City Council may make such modifications in the requirements of §§ 155.575 through 155.583 or may grant such waivers or modifications of the determinations which are appealed to them as they shall determine are required to prevent any unreasonable hardship under the facts of each case so long as each such modification or waiver is in conformity with the general spirit and intent of the requirements of such sections. The City Council shall make and enter into the minutes a finding as to the factors constituting said unreasonable hardship.

('64 Code, § 57.12; Ord. 337, passed 7-11-68)

Whenever uncertainty exists as to the proper application of the provisions of §§ 155.575 through 155.583 in the matter of street alignment, the City Engineer shall determine their application in conformity with the spirit and intent of such sections.

('64 Code, § 57.13; Ord. 337, passed 7-11-68)

When the City Engineer determines that the provisions of §§ 155.575 through 155.583 are applicable to any building permit application, he shall inform the permit applicant of his determination of the specific requirements of such sections which he determines to be applicable thereto and of the availability and procedure for appeal of his determination to the City Council.

('64 Code, § 57.14; Ord. 337, passed 7-11-68)

The purpose of zoning certification is to ensure that all provisions and requirements of this chapter are fulfilled.

('64 Code, § 59.00)

Zoning certification shall be required:

(A)

Before any building permit is issued.

(B)

Before any use of improved or unimproved property is established.

(C)

Before any use of improved or unimproved property is changed to another use.

(D)

Before any occupancy is changed to any other occupancy.

(E)

Before any license or permit concerning the use of property is issued or granted by the city.

(F)

Notwithstanding any other provisions of this code, adult businesses, as defined in § 125.02 of Chapter 125, shall not be required to obtain a zoning certification. Such businesses shall proceed under the licensing requirements of Chapter 125.

('64 Code, § 59.01; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Application shall be made by the property owner or his authorized agent and shall be on a form prescribed by the city. In those cases involving the proposed use or development of property, the application shall be accompanied by a plot plan accurately drawn and showing the location of all existing and proposed structures, improvements and uses. The plot plan necessary for the issuance of a building permit may be used for the purpose of this chapter; provided that all required information is set forth on said plot plan.

('64 Code, § 59.02)

Zoning certification shall be promptly made when it has been determined that all the requirements of this chapter are met or are being met. Once made, zoning certification shall be valid only so long as the use established shall be in conformance with the requirements of this chapter.

('64 Code, § 59.03)

It is the purpose and intent of §§ 155.600 et seq. of this chapter to regulate the operations of adult businesses, which tend to have judicially recognized adverse secondary effects on the community, including, but not limited to, increases in crime in the vicinity of adult businesses; decreases in property values in the vicinity of adult businesses; increases in vacancies in residential areas in the vicinity of adult businesses; interference with residential property owners' enjoyment of their properties when such properties are located in the vicinity of adult businesses as a result of increases in crime, litter, noise, and vandalism; and the deterioration of neighborhoods. Special regulation of these businesses is necessary to prevent these adverse secondary effects and the blighting or degradation of the neighborhoods in the vicinity of adult businesses while at the same time protecting the First Amendment rights of those individuals who desire to own, operate or patronize adult businesses.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

The words and phrases included in §§ 155.600 through 155.605 of this chapter shall employ the definitions found in § 125.02, entitled "Adult Business Licenses and Operating Regulations," unless it is clearly apparent from the context that another meaning is intended. In addition to those definitions set forth in § 125.02, the following definitions shall apply to §§ 155.602, 155.633 and 155.649.

Park. A city park so designated on the General Plan or zoning map of the city.

School. Any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the Cal. Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-1-11-07)

(A)

Adult businesses, as defined in § 125.02, shall be:

(1)

Located exclusively in the C-4, Community Commercial Zone;

(2)

Distanced 500 feet from any residentially zoned property which includes the city's R-1 Single-Family Residential and R-3 Multiple-Family Residential Zones. The distance between the adult use and the residentially zoned property shall be measured from the closest exterior wall of the adult use and the nearest property line included within the residential zone, along a straight line extended between the two points, without regard to intervening structures;

(3)

Distanced 500 feet from a school or a park, as those terms are defined in § 155.601. The distance between the adult use and the school or park shall be measured from the closest exterior wall of the adult use and the nearest property line of the school or park, along a straight line extended between the two points, without regard to intervening structures; and

(4)

Distanced 1,000 feet from any other adult business, as defined in § 125.02. The distance between adult businesses shall be measured from the closest exterior wall of each adult use along a straight line extended between the two points, without regard to intervening structures.

(B)

Any person violating or causing the violation of any of these locational provisions regulating adult business shall be subject to the remedies of § 155.605.

(C)

The requirements of divisions (A) and (B) of this section shall be in addition to any other relevant provisions.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Penalty, see § 10.97

(A)

Any adult business which does not conform to the locational criteria set forth in § 155.602 shall be regarded as a nonconforming use which may be continued for a period not to exceed one year from the effective date of this chapter, unless an extension has been approved in accordance with the provisions of § 155.604.

(B)

Any adult business located in any territory annexed to the city shall comply with the provisions of this chapter. If such use is found to be nonconforming to this chapter at the time of annexation, the amortization schedules provided in this section shall begin on the effective date of said annexation.

(C)

The City Manager shall cause official notification to be sent to the legal property owner of record as it appears on the county tax roll by U.S. registered mail, stating the nonconforming status of such adult business on the property at least 120 days prior to the expiration of the amortization period. Failure to give notice of the expiration of the amortization period shall not be grounds to prevent an action seeking declaratory and/or injunctive relief against the owner of the business. If notice of the expiration of the amortization period is not given, any application for an extension of the amortization period, pursuant to § 155.604, shall not be denied on the grounds that it is untimely. If the operator of such business is different from that of the legal property owner, additional notification shall be sent to the business operator by U.S. registered mail.

(D)

No legal nonconforming adult business shall expand, enlarge, or modify the area, space or volume occupied or devoted to such nonconforming use, or relocate or convert into another adult use without first securing an adult business regulatory license from the City Manager in accordance with Chapter 125.

(E)

Should any legal nonconforming adult business cease operation for a period exceeding six consecutive months within the amortization schedule provided in this section, said use shall be deemed to forfeit its legal nonconforming status and shall not be continued or reopened at said location.

(F)

Upon the conclusion of the amortization schedule specified in this section and/or any extension granted pursuant to § 155.604, any legal nonconforming adult business shall cease all business operation and shall remove all signs, advertising and displays relating to said business within 15 days of city notification.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Penalty, see § 10.97

(A)

The owner or operator of a nonconforming adult business use may file an application with the City Clerk for an extension of the amortization period described in § 155.603. In order to secure an extension of time, the owner must submit to the City Clerk a written request for such extension at least 90 days but no more than 180 days prior to the expiration of the amortization provision. No application for extension received after that date shall be considered, except as provided in § 155.604(C). Such written request shall state:

(1)

Whether the owner or operator of the adult business has timely applied for an adult business regulatory license under Chapter 125, whether such license has been denied, and, if the license has been denied, on what grounds it was denied;

(2)

Whether a previous extension has been requested and granted, as well as the date of the previous request; and

(3)

The efforts that will be made to conform by the conclusion of the extended period.

(B)

Within 28 days of receipt of the completed application, the City Manager shall set the matter for a public hearing with notice of such hearing to be made by the City Manager pursuant to Cal. Government Code §§ 65091 and 65905.

(C)

The matter shall be heard by the Director of Planning and Development or his or her designee (hereinafter "Hearing Officer") which may include a third-party hearing officer (e.g. a retired judge). The Hearing Officer shall render a written decision on the application for an extension of the amortization period within four city business days of the public hearing required by this section. The failure of the Hearing Officer to render any decision within the time frames established in any part of this section shall be deemed to constitute an approval allowing for a one-year extension.

(D)

Notwithstanding any provisions in this section regarding the occurrence of any action within a specified period of time, the applicant may request additional time beyond that provided for in this section or may request a continuance regarding any decision or consideration by the city of the pending application. Extensions of time sought by applicants shall not be considered delay on the part of the city or constitute failure by the city to provide for prompt decisions on applications.

(E)

In rendering its decision to grant or deny the extension, the Hearing Officer shall determine whether the adult business has been provided with a reasonable amortization period commensurate with the financial investment involved. If the Hearing Officer determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the financial investment involved. The burden shall be on the applicant to establish that an extension should be granted. The Hearing Officer shall consider the following facts in making its determination:

(1)

The amount of the adult business owner's financial investment, excluding goodwill, in the existing adult business through the date of passage and approval of this subchapter;

(2)

The amount of such investment that has been or will be realized through the effective date;

(3)

The life expectancy of the existing adult business;

(4)

Whether any such structures have depreciated below a reasonable salvageable value, taking into consideration the applicable Internal Revenue Service depreciation schedules;

(5)

The existence or nonexistence of obligations pursuant to any lease, sublease and/or extensions to that lease or sublease, as well as any contingency clauses therein permitting termination of such lease;

(6)

The cost of relocating the business to a site conforming with the provisions of this chapter;

(7)

The ability of the business and/or landowner to change the use to a conforming use;

(8)

The date upon which the property owner and/or business operator received notice of the nonconforming status of the use and the amortization requirements; and

(9)

The effects on the health, safety and welfare of surrounding businesses and uses if an extension is granted, including any prior incidents of illicit sexual activity at the adult facility.

(F)

The Hearing Officer's decision shall be in writing, and shall be hand delivered or sent by certified mail to the applicant, and shall be noticed in accordance with the provisions of this code.

(G)

Amortization extensions that are granted shall specify a certain date for closure, and shall not be valid for operation at any other location. If the Hearing Officer grants the application, the applicant may continue operation until the date specified for closure in the written order granting the amortization extension.

(H)

The decision of the Hearing Officer shall be final and subject to judicial review pursuant to Cal. Code of Civil Procedure § 1094.8. Any applicant or license holder whose license has been denied pursuant to this section shall be afforded prompt judicial review of that decision as provided by Cal. Code of Civil Procedure § 1094.8. Notice of the Hearing Officer's decision and findings shall include citation to Cal. Code of Civil Procedure § 1094.8.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

(A)

Any person operating or causing the operation of an adult business in any parcel in which the amortization or grace period has expired and either: (a) no application for an extension has been filed or granted; or (b) no application for an adult business regulatory license under Chapter 125 has been filed or granted, or any person violating or causing the violation of any of the locational provisions regulating adult business shall be subject to license revocation/suspension pursuant to § 125.07, a fine of not more than $1,000 pursuant to Cal. Government Code §§ 36900 and 36901, and any and all other civil remedies. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.

(B)

In addition to the remedies set forth in § 155.605(A), any violation of any of the locational and/or amortization provisions regulating adult businesses is hereby declared to constitute a public nuisance.

(Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Penalty, see § 10.97

Certain miscellaneous uses are of such nature as to warrant special consideration in order to ensure that they will not adversely affect surrounding properties nor disrupt the orderly development of the community. The requirements set forth in this subchapter are those deemed necessary to ensure compatibility and harmony with surrounding uses, to foster high standards of development, and to carry on the purpose and intent of this chapter. Any regulations or requirements set forth in this subchapter shall be in addition to those set forth in other articles of this chapter as well as any other applicable ordinances or regulations.

('64 Code, § 60.00)

The location and use of accessory buildings shall be governed by the following regulations:

(A)

Attachments to main building restricted.

(1)

An accessory building which encroaches on any part of a required yard or open space shall not be attached to any main building.

(2)

An accessory building which conforms to all of the yard and open space requirements established for a main building may be attached to a main building; provided, such attachment is by means of a foundation, wall or roof conforming to all provisions of the Building Code.

(B)

Use restricted. An accessory building shall not be used for any purpose not permitted in the zone in which said accessory building is located.

('64 Code, § 60.01; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of any airport, heliport or landing strip.

(B)

In studying a request for such uses, the Planning Commission shall consider, among other criteria, the following:

(1)

Size and location of site. The adequacy of the size and location of the site in relationship to other nearby uses shall be considered, particularly in regard to possible future expansion.

(2)

Performance standards. The ability of the applicant to maintain operating conditions which will conform with the performance standards set forth in this chapter, with particular reference to noise limitations.

(3)

Safety precautions. The techniques to be employed to protect the landing and take-off approach zones, to insure safe operations and to minimize potential accidents.

(4)

General welfare. The effect of the proposed use on the welfare of the surrounding area and the community in general.

('64 Code, § 60.02)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment of an amusement arcade or business establishing five or more coin-operated games on the premises in the C-4 Community Commercial Zone. However, the establishment of adult arcades, as defined in § 125.02 shall be governed solely by §§ 155.600 through 155.605 of this chapter and Chapter 125.

(B)

In addition to any other condition which the Planning Commission may impose on the granting of said conditional use permit, the following criteria and conditions shall apply:

(1)

Amusements arcades shall not be established in conjunction with gasoline stations, liquor stores or businesses engaged in the sale of liquor, tobacco products and drug paraphernalia.

(2)

Amusements arcades shall provide security personnel licensed by the state if determined necessary to provide security and control of loitering, rowdiness or unlawful conduct.

(3)

Amusements arcades shall provide adequate facilities for bicycle parking/storage in close proximity and safely located not to conflict with pedestrian or off-street parking, if determined necessary.

('64 Code, § 60.02.5; Am. Ord. 700, passed 9-11-86; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Business regulations and permits, see Ch. 110; Penalty, see § 10.97

Any animal which causes excessive noise, odor or other disturbing elements detrimental to the use of surrounding property shall not be permitted in any zone.

('64 Code, § 60.03)

Cross reference— Animals and fowl, see Ch. 92; Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of any kennel or animal pound.

(B)

In studying a request for such uses, the Planning Commission shall consider among other criteria, the following:

(1)

Proximity to residential, schools, park and similar uses.

(2)

The effect on nearby properties and uses.

(3)

The frequency of removing accumulated manure.

(4)

Provisions for the control of insects and odors.

(5)

Adequate drainage facilities for the site.

(6)

Maintenance of fences, equipment, buildings and structures.

('64 Code, § 60.04; Am. Ord. 358, passed 7-10-69)

Cross reference— Animals and fowl, see Ch. 92; Penalty, see § 10.97

Bingo parlors and game rooms shall only be established in the C-4 Zone after a valid conditional use permit has first been granted or conditionally granted, except, that said subject uses may be allowed in the C-4 Zone and other zones without a conditional use permit provided all of the following conditions are met:

(A)

The subject uses shall be clearly incidental to a permitted public facility, church, mobile home park or club use, including service clubs, veterans organizations, lodges and other similar non-profit organizations and on the same premises as such use. For purposes of this section, the subject uses shall not qualify as incidental to another use if conducted on more than two days during each week.

(B)

A sufficient number of off-street parking spaces shall be provided on the same premises as the subject uses to accommodate all vehicles generated by said subject uses.

(C)

The subject uses shall be subject to the approval of the Fire Department and shall be in accordance with all other applicable regulations.

(D)

The subject uses shall be conducted in such a manner as to not adversely affect surrounding properties and uses.

('64 Code, § 60.04.1; Am. Ord. 568, passed 10-25-79)

Cross reference— Business regulations and permits, see Ch. 110; Bingo games, see Ch. 111; Penalty, see § 10.97

(A)

No cemetery, crematory, mausoleum or columbarium shall be established or enlarged unless a valid conditional use permit has first been granted by the city. The Commission may require that the application for said conditional use permit include maps, names and addresses, and the like, for an area within a radius of 2,000 feet of the exterior boundaries of the cemetery and such other information as it deems necessary. The required information may include proof of financial ability to develop and maintain the proposed cemetery, statement of plans for perpetual care of cemetery, and the like. The Commission may also require an additional filing fee based on an estimate of the cost involved in processing said application.

(B)

In approving a conditional use permit for a cemetery, the Commission shall give due consideration to, among other things, proper access to minimize traffic congestion and adequate screening from adjoining properties.

('64 Code, § 60.05)

Cross reference— Penalty, see § 10.97

Where this chapter requires a conditional use permit for the establishment of a child care nursery, the Planning Commission shall consider the following criteria:

(A)

Off-street parking. One off-street parking space shall be provided for each two employees working at any one time. These spaces shall be in addition to any spaces required for any other use occupying the same building or premises.

(B)

Off-street loading. Wherever possible, an area for the loading and unloading of children shall be provided on the site and laid out in such a manner as to provide for forward travel of vehicles both on entering and leaving the site.

(C)

Outdoor play area. An outdoor play area shall be provided with approximately 200 square feet of area per child. The play area shall be enclosed by a masonry wall or ornamental fence not less than six feet in height. An outdoor play area shall not occupy a required front yard but may occupy a required side or rear yard.

(D)

Other requirements. All of the requirements of the state or any other licensing agencies having jurisdiction over such uses shall be met.

('64 Code, § 60.06)

Cross reference— Penalty, see § 10.97

(A)

The sale of Christmas trees and wreaths shall be permitted in any zone and shall be exempt from the property development standards of this chapter.

(B)

Such use shall comply with the following conditions:

(1)

That authorization for such use has first been granted by the Director of Community Development or designee.

(2)

That such sales shall be conducted only from the Friday after Thanksgiving to December 25, inclusive.

(3)

That the operation be conducted in such a manner as to not adversely affect surrounding properties.

(4)

That the premises used for such sales shall be cleaned up and restored to a neat and order condition by December 31 of that year.

('64 Code, § 60.07; Ord. No. 1135, § II(Exh. A), 4-2-24)

Cross reference— Penalty, see § 10.97

(A)

Premises used for the wrecking or dismantling of automobiles or other vehicles, salvage yards, scrap yards, junk yards and similar uses shall require a conditional use permit. The parking or storage of vehicles to be wrecked or dismantled or the storage of salvage, scrap or similar items, shall be considered a part of operations covered by the provisions of this section, and subject to all the requirements thereof.

(B)

In addition to any other requirements which may be imposed on the granting of said conditional use permit, the following standards and requirements shall apply unless otherwise specifically set forth and itemized in said permit:

(1)

The premises shall be maintained in a neat and orderly manner.

(2)

All improvements shall be maintained in a good state of repair.

(3)

No burning of combustible materials shall be permitted on the premises, unless in accordance with the requirements of the Los Angeles County Air Pollution Control District.

(4)

No unsanitary conditions shall be allowed to exist.

(5)

All requirements of the Fire Prevention Officer shall be met.

(6)

The area shall be entirely enclosed, except for normal gateways needed for access purposes, with a wall or fence. Said wall or fence shall comply with the following requirements:

(a)

Uniform height, a minimum of eight feet.

(b)

Constructed of solid material such as masonry, metal or wood. Such material shall be new or of a quality acceptable to the Building Inspector.

(c)

Except for masonry walls, all fences shall be painted a uniform neutral color and maintained in a neat and orderly condition.

(d)

If the establishment fronts on a public street, or is within 150 feet of a public street, a solid masonry wall shall be required on the street frontage, except for the gate which may be of chain-link or other construction.

(7)

No autos or materials shall be piled higher than the fence.

(8)

No autos or other equipment shall be parked overnight except within the enclosed area.

(9)

Paved off-street parking facilities shall be provided for customer parking, the number of spaces to be determined by the Planning Commission.

(10)

If the enclosure is set back from a public street, access to the enclosure shall be by means of a paved driveway a minimum of 12 feet in width.

(11)

No signs shall be placed on the sides or rear of the property where adjoining private property. No signs shall be painted on the surface of fences or walls.

(12)

All operations and activities shall comply with all applicable laws, ordinances and regulations.

(13)

A plot plan accurately drawn to scale and acceptable to the Director of Planning and Development shall be filed with the Planning Department showing the following information:

(a)

The dimensions of the entire property.

(b)

The dimensions of the enclosed area.

(c)

Location of the fences and walls.

(d)

Off-street parking for customers and employees.

(e)

The layout of the area within the enclosure showing storage areas, dismantling area, access aisles, office, location and size of signs, and the like.

(f)

The name, address and telephone number of the property owner, and the name, address and telephone number of the operator if different than the owner.

(14)

The operator shall file a signed affidavit with the city that he is aware and accepts all the conditions imposed on the operation, and that he is aware that if any of the conditions are violated, or if any other law, ordinance or regulation is violated, the authorization to continue his operation shall become null and void.

('64 Code, § 60.32; Am. Ord. 510, passed 12-9-75)

Cross reference— Business regulation and permits, see Ch. 110; Penalty, see § 10.97

Premises used for the meeting place and related facilities of any club, lodge, fraternal order, or similar organization shall comply with the following regulations:

(A)

Where such uses are located in or adjoining a residential zone, all buildings except accessory buildings shall be located not less than 20 feet from any side or rear lot line adjoining such residential zone.

(B)

If such uses are located in a zone which does not permit commercial uses, there shall be no external evidence of any commercial activity. Any retail sales on the premises shall be for members or guests only and shall be carried on as an activity which is minor and incidental to the major functions of the organization.

(C)

Wherever possible, such uses shall be located on major or secondary highways in order to provide adequate access.

(D)

Off-street parking facilities shall be sufficient to provide for all parking needs of such organizations and other users of the premises. The organizations themselves shall take adequate steps to insure that their members and other users of the premises do not occupy street parking which would interfere with movement of traffic or with the use of nearby properties.

('64 Code, § 60.09)

Cross reference— Penalty, see § 10.97

Temporary structures for the housing of tools and equipment or supervisory offices in connection with major construction works or tract construction may be established and maintained on the premises of the project during the construction period, subject to the following provisions:

(A)

Such structures shall be erected and located in a manner which will not endanger any persons or property.

(B)

Such structures shall only be permitted for the duration of the construction project, and in no case shall the time exceed one year unless the Planning Commission grants an extension of time.

('64 Code, § 60.10)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a dairy or an animal feed lot or animal sales lot.

(B)

In establishing the requirements for such uses, the Planning Commission shall consider, among other criteria, the following:

(1)

Standards of density of animals per site area.

(2)

The frequency of removing accumulated manure.

(3)

Provisions for insect control.

(4)

Adequate drainage facilities for the site.

(5)

Frequency of painting or whitewashing fences, equipment, buildings and other structures.

(6)

The effect on nearby properties and uses.

('64 Code, § 60.11)

Cross reference— Penalty, see § 10.97

(A)

An administrative large family day care use permit, reviewed and issued by the Director of Planning and Development, shall be required for the establishment, operation and maintenance of a large family day care use in the R-1 and R-3 Zones. The large family day care use permit application fee shall be $100, with an annual $50 renewal/reconsideration fee. The permit review process, including notification and public hearing (if requested), shall be conducted as provided by Cal. Health and Safety Code § 1597.46.

(B)

The following criteria shall be considered for the granting of a large family day care use permit to operate a large family day care use:

(1)

Provision of one additional on-site parking space for each nonresident employee that drives a vehicle to the day care facility.

(2)

Traffic generated in the vicinity of a large family day care use should not increase by more than 25 percent of current traffic load patterns unless otherwise approved by the City Engineer.

(3)

Loading and unloading (pick-up and drop-off) areas serving the use shall be provided upon the subject site whenever possible.

(4)

A large family day care facility cannot be located within 500 linear feet of an existing large family day care facility unless the applicant can demonstrate that the concentration of said uses within 500 feet will not adversely affect traffic congestion or circulation in the vicinity. The minimum allowable distance shall be 300 linear feet.

(5)

Noise levels generated by a large family day care use shall be consistent with the requirements of the noise standards contained in this chapter.

(6)

A large family day care facility shall be operated in compliance with the fire and life safety standards promulgated by the State Fire Marshall specifically for large family day care facilities.

('64 Code, § 60.11.5; Am. Ord. 827, passed 7-29-93)

Cross reference— Penalty, see § 10.97

(A)

Intent.

(1)

In enacting this section, it is the intent of the city to encourage the development of affordable housing to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the city's housing element of the General Plan. The provisions of this section is intended to facilitate the construction of residential developments that will be long lasting, quality places to live, and compatible with surrounding land uses and residential neighborhoods. This section provides incentives for the production of housing for very low-, lower-, and moderate-income households and senior citizen housing in accordance with Cal. Government Code §§ 65915 through 65917.

(2)

The regulations and procedures set forth in this section shall be publicized by the city and shall apply throughout the city. Sections of the California Government Code referenced in this section and application forms for complying with this section, shall be available to the public.

(B)

Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Additional Incentives. The regulatory concessions and incentives as specified in Cal. Government Code § 65915(k) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed-use zoning in conjunction with the housing development, and any other regulatory incentive which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.

Affordable. Housing units offered at an affordable rent or affordable sales price.

Affordable Rent. Monthly housing expenses, including a reasonable allowance for utilities, for rental target units reserved for very low- and lower-income households, not exceeding the following calculations:

(a)

Very low-income: 50 percent of the area median income for Los Angeles County, adjusted for household size appropriate for the unit, multiplied by 30 percent and divided by 12.

(b)

Lower-income: 60 percent of the area median income for Los Angeles County, adjusted for household size appropriate for the unit, multiplied by 30 percent and divided by 12.

Affordable Sales Price. A sales price at which very low- or lower-income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the development.

Childcare Facility. A child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and school age childcare centers.

Density Bonus. A minimum density increase over the otherwise maximum allowable residential density.

Density Bonus Housing Agreement. A legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish the number of target units, their size, location, terms and conditions of affordability, and production schedule. See division (J) of this section.

Density Bonus Units. Those residential units granted pursuant to the provisions of this section which exceed the maximum allowable residential density for the development site.

Equivalent Financial Incentive. A monetary contribution, based upon a land cost per dwelling unit savings that would otherwise result from a density bonus or additional incentive(s).

Household Size. The number of persons assumed, as detailed in the table below, in determining the affordable rent or affordable sales price of target units, unless the housing development is subject to different assumptions imposed by other government regulations.

Housing Cost. The sum of actual or projected monthly payments for all of the following associated with for-sale target units, principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

Housing Development. Construction projects consisting of five or more residential units, including single-family, multi-family, and mobile homes for sale or rent.

Lower-Income Household. Households whose income does not exceed the lower income limits applicable to Los Angeles County, as published and periodically updated by the state's Department of Housing and Community Development pursuant to Cal. Health and Safety Code § 50079.5.

Maximum Allowable Residential Density. The maximum number of residential units permitted by the city's General Plan and Zoning Ordinance on the project site at the time of application, excluding the provisions of this section. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the General Plan and the maximum density of the underlying zoning district.

Moderate-Income Household. Households whose income does not exceed the moderate-income limits applicable to Los Angeles County, as published and periodically updated by the state's Department of Housing and Community Development pursuant to Cal. Health and Safety Code § 50093.

Non-Restricted Units. All units within a housing development excluding the target units.

Qualified Housing Development. A housing development in which the applicant agrees to provide the following:

(a)

At least five percent of the total units of the housing development as target units affordable to very low-income households;

(b)

At least ten percent of the total units of the housing development as target units affordable to lower-income households;

(c)

At least ten percent of the total units in a common interest development, as defined in Cal. Civil Code § 1351, as target units affordable to moderate-income households, provided that all units in the development are offered to the public for sale subject to the equity sharing and restrictions specified in Cal. Government Code § 65915(c)(2); or

(d)

Senior citizen housing.

Qualifying Resident. Senior citizens or other persons eligible to reside in a senior citizen housing.

Senior Citizen Housing. A senior citizen housing development as defined in Cal. Civil Code §§ 51.3 and 51.12, or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Cal. Civil Code §§ 798.76 or 799.5.

Target Unit. A dwelling unit in a housing development which will be reserved for sale or rent to, and affordable to, very low-, lower-income or moderate-income households, and qualifying residents, so as to qualify for a density bonus and additional incentives pursuant to this section.

Very Low-Income Household. Households whose income does not exceed the very low-income limits applicable to Los Angeles County, as published and periodically updated by the state's Department of Housing and Community Development pursuant Cal. Health and Safety Code § 50105.

(C)

Density bonus.

(1)

This section describes the minimum density bonus, which shall be provided, at the request of an applicant of a qualified housing development when that applicant agrees to provide the following:

(a)

At least five percent of the total units of the housing development as target units affordable to very low-income households;

(b)

At least ten percent of the total units of the housing development as target units affordable to lower-income households;

(c)

At least ten percent of the total units in a common interest development, as defined in Cal. Civil Code § 1351, as target units affordable to moderate-income households, provided that all units in the development are offered to the public for sale subject to the equity sharing and restrictions specified in Cal. Government Code § 65915(c)(2); or

(d)

Senior citizen housing.

(2)

For purposes of calculating the amount of density bonus, the applicant who requests a density bonus pursuant to this chapter shall elect whether the bonus shall be awarded on the basis of (C)(1)(a), (b), (c), or (d) above.

(3)

In determining the minimum number of density bonus units to be granted to a housing development in a residential district pursuant to above division (C)(1), the maximum allowable residential density for the site shall be multiplied by a density bonus percentage. The density bonus percentage is determined according to the percentage of units in the housing development provided as target units affordable to very low-income households, lower-income households, and moderate-income households if a common interest development, or the housing development's status as senior citizen housing. The density bonus percentages for very low-income households, lower-income households, and moderate-income households if a common interest development are as shown below in Tables A through C, and the density bonus percentages for senior citizen housing are set forth in (C)(4) below.

(4)

For senior citizen housing, the density bonus shall be 20 percent of the number of senior housing units.

(5)

The density bonus units shall not be included when determining the total number of target units in the housing development. When calculating the number of permitted density bonus units, any fractions of units shall be rounded to the next larger integer.

(6)

The granting of a density bonus shall not be interpreted, in or of itself, to require a General Plan amendment, change of zone, or other discretional approval.

(7)

Each housing development meeting the criteria of above division (C)(1) is entitled to only one bonus density and may not combine density bonuses from more than one category listed above in division (C)(1).

(8)

The applicant may elect to accept a lesser density bonus percentage than what is shown in the above tables. If the applicant elects to accept a lesser density bonus percentage, no reduction will be allowed in the number of target units required.

(D)

Target unit requirements.

(1)

Target units should be constructed concurrently with non-restricted units unless both the city and applicant agree within the density bonus housing agreement to an alternative scheduled for development.

(2)

Target units shall remain restricted and affordable to the designated group for a period of 30 years (or longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).

(3)

In determining the maximum affordable rent or affordable sales price of target units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

(4)

Target units shall be built on-site and, when practical, be reasonably dispersed within the housing development. Where feasible, the number of bedrooms in the target units should be equivalent to the bedroom mix of the non-target units of the housing development; except that the applicant may include a higher proportion of target units with more bedrooms. The design and appearance of the target units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this section.

(5)

Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative site. Where the applicant and the city form such an agreement, the resulting linked developments shall be considered a single housing development for purposes of this section. Under these circumstances, the applicant shall be subject to the same requirements of this section for the target units to be provided on the alternative site.

(6)

A density bonus housing agreement shall be made a condition of the discretionary planning permits (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits, and the like) for all housing developments provided a density bonus or a development incentive pursuant to this section. The agreement shall be recorded as a restriction on the parcel or parcels on which the target units will be constructed. The density bonus agreements shall be consistent with division (J) of this section. In the event that the applicant enters into an inclusionary or other regulatory agreement with the city, then a separate density bonus housing agreement shall not be required.

(E)

Senior citizen housing development standards. The following development standards apply to senior citizen housing that qualifies the applicant for a density bonus pursuant to this section, except if otherwise reduced/revised at the request of the applicant and approved by the city as an additional incentive(s) pursuant to division (F) of this section.

(1)

Minimum floor area per dwelling unit:

(a)

Zero-bedroom: 400 sq. ft.

(b)

One-bedroom: 450 sq. ft.

(c)

Two-bedroom: 600 sq. ft.

(2)

Minimum building facilities and features:

(a)

Laundry facilities: one washer and dryer per five dwelling units or fraction thereof.

(b)

Elevator(s): required for two plus story buildings, number dependent on design.

(c)

Lounge, lobby and group recreation facilities, including kitchen and bathrooms: 20 sq. ft. per dwelling unit.

(d)

Private storage space in interior or exterior of units in addition to clothes closets: 150 cu. ft. per dwelling unit.

(e)

Twenty-four hour medical, security, and smoke detector alarm system to central location required in each unit.

(f)

Grab bars installed per standards of Cal. Administrative Code Title 24 required in all bathrooms.

(g)

Handrails required in all public hallways.

(3)

Minimum open space:

(a)

Private open space per unit, in a patio or balcony: 60 sq. ft.

(b)

Common open space per unit with minimum 15 feet dimension: 125 sq.ft.

(F)

Additional incentives.

(1)

This section includes the provision for providing additional incentives as specified in Cal. Government Code § 65915(d), (e) and (h) for qualified housing developments. An applicant may request specific incentives pursuant to this section only when the housing development is eligible for a density bonus pursuant to division (C) of this section.

(2)

By right parking incentives.

(a)

Qualified housing developments shall be granted the following maximum parking standards listed below, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted target units, when requested by the project applicant.

1.

Studio and one bedroom dwelling units: one on-site parking space.

2.

Two to three bedroom dwelling units: two on-site parking spaces.

3.

Four or more bedroom dwelling units: 2 1/2 on-site parking spaces.

(b)

If the total number of spaced required results in a fractional number, it shall be rounded up to the next whole number. For purposes of the above division (F)(1), this parking may be provided through tandem parking or uncovered parking, but not through on-street parking.

(3)

By right additional incentives. In addition to by right parking incentives identified in the above division (F)(1), qualified housing developments shall be granted one, two or three additional incentives as follows:

(a)

For qualified housing developments with target units affordable to very low-income households:

1.

One additional incentive if five percent of the units (not including the density bonus units) are target units affordable to very low-income households.

2.

Two additional incentives if ten percent of the units (not including the density bonus units) are target units affordable to very low-income households.

3.

Three additional incentives if 15 percent of the units (not including the density bonus units) are target units affordable to very low-income households.

(b)

For qualified housing developments with target units affordable to lower-income households:

1.

One additional incentive if ten percent of the units (not including the density bonus units) are target units affordable to lower-income households.

2.

Two additional incentives if 20 percent of the units (not including the density bonus units) are target units affordable for lower-income households.

3.

Three additional incentives if 30 percent of the units (not including the density bonus units) are target units affordable to lower-income households.

(c)

For qualified housing developments in a common interest development with target units affordable to moderate-income households:

1.

One incentive if ten percent of the units (not including the density bonus units) are target units affordable to moderate-income households.

2.

Two additional incentives if 20 percent of the units (not including the density bonus units) are target units affordable for moderate-income households.

3.

Three additional incentives if 30 percent of the units (not including the density bonus units) are target units affordable to moderate-income households.

(4)

Other concessions or incentives. An applicant of a qualified housing development may also submit a proposal for other concessions or incentives necessary to make the development economically feasible and to accommodate the density bonus and additional incentives otherwise permitted by this section. The need for other additional incentives will vary for different housing developments and shall be determined on a case-by-case basis. The applicant shall provide evidence that the proposed concessions and incentives result in identifiable, financially sufficient, and actual cost reduction. A proposal for concessions or incentives pursuant to this division shall neither reduce nor increase the number of additional incentives the applicant is otherwise entitled to pursuant to the above divisions (2) and (3). Concessions or incentives proposed pursuant to this division may include, but are not limited to, any of the following:

(a)

A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with § 18901) of Division 13 of the Cal. Health and Safety Code. These may include, but are not limited to, one or more of the following:

1.

Reduced minimum lot sizes and/or dimensions.

2.

Reduced minimum lot setbacks.

3.

Reduced minimum outdoor and/or private outdoor living area.

4.

Increased maximum lot coverage.

5.

Increased maximum building height and/or stories.

6.

Reduced on site-parking standards, including the number or size of spaces and covered parking requirements.

7.

Reduced minimum building separation requirements.

8.

Reduced street standards; e.g. reduced minimum street widths.

9.

Minimum floor area requirements.

10.

Location of walls/fences in setbacks.

11.

Exterior noise standards for second and third story balconies.

(b)

Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the qualified housing development will be located.

(c)

Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions or avoidance.

(5)

The city may approve or deny the additional incentive(s) requested by the applicant pursuant to division (F)(4) of this section in its sole and absolute discretion.

(6)

The granting of an additional incentive(s) pursuant to this section shall not be interpreted to require a General Plan amendment, a change of zone, or other discretionary approval.

(7)

Equivalent financial incentive. The city may offer an equivalent financial incentive in lieu of granting a density bonus and/or a development incentive(s). The value of the equivalent financial incentive shall be equal to at least the land cost per dwelling unit savings that would result from a density bonus and must contribute significantly to the economic feasibility of providing the target units pursuant to this section.

(G)

Qualified housing developments with childcare facilities.

(1)

A qualified housing development that includes a childcare facility, which will be located on the premises of, as part of, or adjacent to, the housing development, is eligible for either of the following:

(a)

An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility.

(b)

One additional incentive to that otherwise allowed pursuant to division (F) of this section that contributes significantly to the economic feasibility of the construction of the childcare facility.

(2)

If an additional density bonus or development incentive is granted pursuant to this section, the following conditions of approval are required of the development:

(a)

The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable pursuant to division (D) of this section.

(b)

Of the children who attend the childcare facility, the number children of the very low-, lower- and moderate-income households shall equal a percentage that is equal to or greater than the percentage of target units in the housing development for very low-, lower-, or moderate-income households.

(3)

Notwithstanding any provisions of this section, the city shall not be required to grant the additional density bonus or addition development incentive if it finds, based upon substantial evidence, that the city has adequate childcare facilities.

(H)

(1) Donation of land for very low-income units.

(2)

An applicant for a tentative parcel map, parcel map, or other residential development project, that donates land to the city is eligible for a density bonus above the otherwise maximum allowable residential density for the applicant's development project, if all of the following conditions are met:

(a)

The applicant donates and transfers the land to the city or a housing developer approved by the city no later than the date of approval of the final subdivision map, parcel map, or residential development application for the applicant's project.

(b)

The developable acreage and zoning classification of the land transferred are sufficient to permit construction of units affordable to very low-income households in an amount that is equal to ten percent or more of the number of residential units in the applicant's project.

(c)

The land transferred is at least one acre in size or is of sufficient size to permit development of at least 40 target units, has the appropriate General Plan designation, is appropriately zoned for residential development at the density of no less than 30 units per acre, and is or will be served by adequate public facilities and infrastructure.

(d)

The land transferred shall have, no later than the date the land is transferred, all of the permits and approvals that are necessary for the development of the very low-income housing units on the transferred land, other than architectural review and building permits.

(e)

The land transferred and the target units shall be subject to a deed restriction ensuring continued affordability and restricted use of the target units consistent with the requirements set forth in division (J)(3) of this section.

(f)

The land transferred is within the boundary of the residential development, or if the city agrees, within 1/4 mile of the boundary of the applicant's project.

(g)

The proposed source of funding for the very low-income residential units is identified before the land is transferred.

(h)

The bonus density mandated by this section is in addition to a density bonus to which the applicant may otherwise be entitled for a qualified housing development pursuant to division (C), up to a maximum combined density bonus of 35 percent if an applicant requests a bonus density pursuant to this section and division (C). The density bonus provided by this section is determined by the number of units affordable to very low-income households on the transferred land that is equal to a percentage of the number of units in the applicant's project. When the number of target units is equal to ten percent or more of units in the applicant's project before the density bonus, the maximum allowable residential density of the applicant's project is multiplied by the density bonus percentage shown below in Table 155.625.1(H).

(I)

Application process.

(1)

An application for a density bonus and additional incentives pursuant to this section shall be processed concurrently with any other application(s) required for the housing development.

(2)

Preliminary plan and pre-application meeting. An applicant proposing a housing development pursuant to this section may submit a preliminary plan prior to submittal of any formal request for approval of a qualified housing development. Applicants are encouraged to schedule a pre-application conference with the Director of Planning, or designated staff, to discuss and identify potential application issues, and for early feedback and guidance on the means for complying with this section. No charge shall be required for the pre-application conference. The preliminary plan shall be made on forms provided by the Planning and Development Department and shall include the following information:

(a)

A brief description of the proposed housing development, including the number of units, target units, density bonus units proposed, and additional incentive(s) requested.

(b)

The zoning and General Plan designations and assessors parcel number(s) of the project site.

(c)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

(3)

Residential density bonus application and filing fee.

(a)

Filing. Application for a density bonus and additional incentives for a qualified housing development shall be made on forms provided by the Planning and Development Department. The application shall include such plans as may reasonably be required for a complete understanding of the proposal.

(b)

Reapplication. A person may not file and the Planning and Development Department shall not accept an application which is the same, or substantially the same, as an application on which final action has been taken by the city within 12 months prior to the date of said application, unless accepted by a motion of the City Council.

(c)

Filing fee. The filing fee shall be established by resolution of the City Council and paid at the time the application is submitted.

(4)

Application review.

(a)

Upon receipt of an application for a density bonus and additional incentives, city staff shall review the application and inform the applicant as to the completeness of the submittal, of additional materials required, if any, and project issues of concern. City staff shall also inform applicant of the procedures for compliance with this section.

(b)

Public hearings. When an application for a density bonus and additional incentives is deemed complete, the matter shall be set for public hearings to be held by the Planning Commission and City Council. Notices of the hearings shall be given pursuant to Cal. Government Code § 65091. Notices shall include the dates, times, and places of the public hearings. Also included shall be a general explanation of the matter to be considered and a general description of the location of the subject property as specified in Cal. Government Code § 65094. Notices shall be sent no less than ten days prior to any action taken on the application. Signs, at least eight inches by ten inches, shall be posted on the subject property setting forth substantially the same information included in the mailed notice. There shall be a minimum of two such signs on the subject property. Said signs shall be posted at least ten days prior to the public hearings.

(c)

Prior to the public hearing by the Planning Commission, city staff shall inform the applicant that the requested development incentive(s) shall be recommended for approval with the proposed housing development or, if city staff believes that one of the findings for City Council denial of the request can be made pursuant to division (6)(b) below, that alternative or modified incentives pursuant to division (F) of this section shall be recommended in lieu for the requested incentives, or recommended for denial. If alternative or modified incentives are recommended, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentive(s).

(5)

Planning Commission review.

(a)

The Planning Commission shall investigate the facts bearing on each case to determine if the proposed housing development, density bonus, and additional incentives requested by the applicant are consistent with the intent and purpose of this section, and shall accordingly recommend approval of the application with conditions, or recommend denial of the application if any one of findings for City Council denial of the application can be made pursuant to division (I)(7) below.

(b)

The Planning Commission shall announce its findings by formal resolution. Said resolution shall recite the recommendation of the Commission and set forth the recommended conditions of approval. The Planning Commission's recommendation shall be filed with the City Council, and a copy shall be mailed to the applicant.

(6)

City Council approval.

(a)

Final approval or disapproval of an application for a density bonus and additional incentive(s) requested by the applicant for a qualified housing development shall be made by the City Council. Before taking final action, the City Council shall consider the recommendation of the Planning Commission on the application.

(b)

The City Council shall grant the density bonus and additional incentive(s) requested by the applicant unless the Council makes a written finding, based on substantial evidence, of any of the following:

1.

The additional incentive(s) is not required in order to provide affordable housing costs, as defined in Cal. Health and Safety Code § 50052.5, or affordable rents for the target units to be set as specified in division (D) of this section.

2.

The additional incentive(s) would have a specific adverse impact upon the public health or safety, or the physical environment, or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact with rendering the development unaffordable to low- and moderate-income households. For purposes of this division, a "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete. Inconsistency with the city's Zoning Ordinance, or General Plan land use designation, shall not constitute a specific adverse impact upon the public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources.

3.

The incentive(s) would be contrary to state or federal law.

(7)

Conditions of approval.

(a)

In reviewing an application for a density bonus and additional incentive(s), the Planning Commission shall recommend, and the City Council shall impose in approving an application, such conditions deemed necessary to ensure implementation and compliance with this chapter.

(b)

Approval of an application for a density bonus and additional incentive(s) shall require execution of a density bonus housing agreement pursuant to division (J) of this section to ensure the continued affordability and restricted use of target units during the restricted period in accordance with division (D) of this section.

(J)

Density bonus housing agreement.

(1)

Applicants requesting a density bonus and additional incentive(s) pursuant to this section shall agree to enter into a density bonus housing agreement with the city. A density bonus housing agreement shall be made a condition of approval for all discretionary city approvals related to the housing development (i.e., tentative maps, parcel maps, planned unit developments, conditional use permits). The terms of the draft agreement shall be reviewed and revised as appropriate by the Director of Planning, who shall formulate a recommendation to the City Council for final approval. Following execution of the agreement by all parties, the completed density bonus housing agreement, or memorandum thereof, the agreement shall be recorded and the conditions therefrom filed on the parcel or parcels designated for the construction of the target units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The density bonus housing agreement shall be binding to all future owners and successors in interest.

(2)

The density bonus housing agreement shall include at least the following:

(a)

The total number of units approved for the housing development, including the number of target units.

(b)

A description of the household income group or qualifying residents to be accommodated by the target units as outlined in division (C) of this section.

(c)

The location, unit sizes (square feet), and number of bedrooms of the target units.

(d)

Tenure of use restrictions for target units of at least 30 years, in accordance with division (D) of this section.

(e)

Schedule for completion and occupancy of target units.

(f)

Description of the development incentive(s) or equivalent financial incentives being provided by the city.

(g)

A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement).

(h)

Other provisions to ensure implementation and compliance with this section.

(3)

The density bonus housing agreement shall also include provisions to ensure the continued affordability and restricted use of target units during the restricted period as follows:

(a)

Rents for target units that qualified the housing development for a density bonus shall be set at an affordable rent as defined in the Cal. Health and Safety Code § 50053.

(b)

Owner-occupied target units shall be available at an affordable housing cost as defined in the Cal. Health and Safety Code § 50052.5.

(c)

The initial occupants of moderate-income target units in common interest development, which qualified the housing development for a bonus density, shall be persons and families of moderate-income, as defined the Cal. Health and Safety Code § 50093.

(d)

Units in senior citizen housing that qualified for a density bonus shall be occupied by qualifying residents during the use restriction period.

(e)

The initial owner/occupant of each owner-occupied target unit shall execute an instrument or agreement approved by the city restricting the sale of the target unit in during the applicable use restriction period in accordance with this section. Such instrument or agreement shall be recorded against the parcel containing the target unit, and shall contain such provisions as the city may require in order to ensure continued compliance with this section and the state's density bonus law.

(f)

The city shall enforce an equity sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity sharing agreement:

1.

Upon resale, the seller of unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy, and its proportionate share of appreciation.

2.

For purposes of this division, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance.

3.

For purposes of this division, the city's proportional share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the unit at the time of initial sale.

(g)

In the case of rental target units, the density bonus housing agreement shall provide for the following provisions governing the use of target units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants.

2.

Provisions requiring owners to verify tenant incomes, when applicable, and maintain books and records to demonstrate compliance with this section.

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income, when applicable, of each person occupying a target unit, and the bedroom size and monthly rent or cost of the target unit occupied by such person.

(Ord. 1048, passed 12-12-13)

(A)

A conditional use permit shall be required for the establishment or enlargement of a dump, disposal site, land-fill project, gravel pit, or similar excavation or fill operation.

(B)

In addition to any other requirements which the Planning Commission may impose on the granting of said conditional use permit, the following standards and requirements shall apply unless otherwise specifically set forth and itemized in said permit:

(1)

All operations shall be conducted in accordance with the performance standards specified in this chapter.

(2)

No excavation or stacking or stockpiling of material shall be permitted nearer than 50 feet to the boundary of an adjoining property or to a public street.

(3)

No excavation shall be made with a cut steeper than one horizontal to one vertical, nor shall fills be made with slope steeper than two horizontal to one vertical, except as follows:

(a)

Slopes less steep may be required if there is evidence that conditions necessitate such slopes for stability or safety.

(b)

Steeper slopes may be permitted; provided, that a written report is submitted by a competent soil engineer or geologist stating that he has investigated the proposed operation, made adequate tests and calculations, resulting in his conclusion as to the degree of cut and/or fill slopes which may be constructed without endangering the safety of persons or property.

(4)

Such uses shall be enclosed along the exterior boundaries by a fence of the type and height prescribed by the Commission.

(5)

Whenever such uses are terminated, all buildings, structures (except fences) and equipment shall be entirely removed from the premises and all stockpiles shall be removed or leveled within one year after such termination unless an extension of time is granted by the Planning Commission. Sites shall be restored to a neat and orderly condition immediately upon termination of such uses.

(6)

Every owner or operator before commencing operation of such uses shall be insured to the extent of $100,000 against liability in tort arising from such use conducted, or carried on under or by virtue of, any law or ordinance or condition imposed by the Commission, and such insurance shall be kept in full force and effect during the period of such use.

(7)

The Planning Commission may impose additional requirements, such as planting and landscaping in accordance with approved plans; improvement of access roads; designation of areas in which work may be done; provisions for controlling dust; limitations on the hours of operation; precautions which must be taken to promote safe traffic movements in and around the site; posting of a good and sufficient bond to insure compliance with the conditional use permit; and any other conditions deemed necessary to protect the public health, safety, comfort, convenience or general welfare.

('64 Code, § 60.12)

Cross reference— Penalty, see § 10.97

The following shall be exempt from the requirement of a conditional use permit:

(A)

Excavations for a swimming pool, or for the foundations or basement of any building for which a building permit has been issued.

(B)

Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height, or when less than 1,000 cubic yards of earth are removed from the premises.

(C)

Grading in a subdivision which has been approved by the city.

('64 Code, § 60.13)

(A)

A conditional use permit shall be required for the establishment, continuation or enlargement of any retail, commercial, wholesale, warehousing or manufacturing business engaged in the sale, storage or manufacture of any type of alcoholic beverage meant for on- or off-site consumption.

(B)

In establishing the requirements for such uses, the Planning Commission shall consider, among other criteria, the following:

(1)

Conformance with parking regulations.

(2)

Control of vehicle traffic and circulation.

(3)

Hours and days of operation.

(4)

Security and/or law enforcement plans.

(5)

Proximity to sensitive and/or incompatible land uses, such as schools, religious facilities, recreational or other public facilities attended or utilized by minors.

(6)

Proximity to other alcoholic beverage use to prevent the incompatible and undesirable concentration of such uses in an area.

(7)

Control of noise, including noise mitigation measures.

(8)

Control of littering, including litter mitigation measures.

(9)

Property maintenance.

(10)

Control of public nuisance activities, including but not limited to disturbance of the peace, illegal controlled substances activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, curfew violation, sale of alcoholic beverage to a minor, lewd conduct, or excessive police incident responses resulting from the use.

('64 Code, § 60.13.5; Am. Ord. 834, passed 2-24-94; Ord. No. 1135, § II(Exh. A), 4-2-24)

Cross reference— Conditional use permit required, see § 155.723; Penalty, see § 10.97

The requirements of § 155.628 do not apply to any premises which are exempt from compliance with such requirements pursuant to the provisions of Cal. Bus. and Prof. Code § 23790.

('64 Code, § 60.13.6; Am. Ord. 858, passed 7-13-95)

(A)

Purpose and intent. The overall design, construction, appearance, operation and maintenance of the emergency shelter facility should provide an environment that is safe, secure, functional, and appropriate to the surrounding community.

(B)

Development standards. The shelter shall comply with all development standards of the zoning district in which it is located except as modified by these special regulations.

(C)

Maximum number of persons/beds. The shelter shall contain a maximum of 74 beds and serve no more than 74 people per night. An emergency shelter containing more than 74 beds and serving more than 74 people per night shall be subject to a conditional use permit as outlined in §§ 155.710 through 155.722 of this Code.

(D)

Parking requirement. One space per employee, plus one space per five beds.

(E)

Management standards. The emergency shelter shall meet the following management standards.

(1)

No more than one shelter shall be permitted within a radius of 300 feet from another such shelter;

(2)

No resident can stay more than 180 nights per calendar year.

(3)

Hours of operation: the shelter may only operate between 5:00 p.m. and 8:00 a.m. daily. Clients shall vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night.

(4)

The shelter shall provide the following mandatory facilities: a separate intake area of a minimum of 250 square feet, office areas for administrative purposes, restrooms, and general storage.

(5)

Adequate outdoor lighting shall be provided for security purposes. Lighting shall be stationary permanent, directed away from adjacent properties and public rights-of-way, and of intensity compatible with and similar to the surrounding area.

(6)

Bike rack parking shall also be provided.

(7)

The facility may provide the following services in a designated area separate from sleeping areas:

(a)

A recreational area either inside or outside the shelter.

(b)

A counseling center for job placement, educational, health care, legal, or mental health services.

(c)

Laundry facilities to serve the number of clients at the shelter.

(d)

Kitchen for the preparation of meals.

(e)

Or similar services geared to homeless clients.

(8)

Facility management shall include the following:

(a)

On-site management and on-site security shall be provided during all hours when the shelter is in operation.

(b)

The facility shall have a written management plan which includes at a minimum: provisions for staff training; neighborhood outreach; screening of residents; eligibility and admission procedures; operating schedule; rules regarding smoking, access to the facility, visitors, and guests; and a written policy outlining the consequences of rules violations or infractions.

(c)

Facility shall be designed and rules in place to avoid loitering on or adjacent to the site by patrons.

(d)

The facility shall clearly post written eligibility and admission policies and procedures as well as dates, times, and services available.

(9)

The facility shall conform to and maintain all applicable state and local building codes, fire codes, occupancy standards and other relevant codes and regulations and permits.

(10)

The facility shall maintain staffing levels consistent with industry standards.

(11)

The facility shall be maintained in a safe and sanitary condition.

(Ord. 1050, passed 12-12-13)

No explosives or explosive materials shall be manufactured, assembled, stored or transported within the city unless said uses or activities are in compliance with all applicable laws, ordinances and regulations.

('64 Code, § 60.14)

Cross reference— Penalty, see § 10.97

The retail sale of fireworks shall not be a permitted use in any zone.

('64 Code, § 60.15)

Cross reference— Fireworks, see §§ 93.20 through 93.33; Penalty, see § 10.97

No flammable liquid may be stored unless and until said storage is found to be in compliance with the California Fire Prevention Code and approved by the Fire Department of the city.

('64 Code, § 60.16)

Cross reference— Penalty, see § 10.97

(A)

Fortune-telling uses shall only be located in the C-4 Community Commercial Zone, and only after a valid business regulatory permit has first been issued.

(B)

Fortune-telling uses shall not be located in the following locations:

(1)

Within 1,000 feet of another such business.

(2)

Within 500 feet of any property upon which is located a school or a park, as those terms are defined in § 155.601.

(C)

Fortune-telling uses shall not use loudspeakers or sound equipment which can be heard by the public from public and/or semi-public areas.

('64 Code, § 60.16.5; Am. Ord. 852, passed 7-13-95; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Conditional use permit required, see § 155.723; Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a golf driving range.

(B)

In addition to any other requirements which the Planning Commission may impose on the granting of said conditional use permit, the following standards and requirements shall apply unless otherwise specifically set forth and itemized in said permit:

(1)

One off-street parking space shall be provided for each 15 linear feet of driving line.

(2)

Said use shall be located on a site adjacent to a major or secondary highway as shown on the master plan of the city.

(3)

Lights used to illuminate the premises shall be so arranged as to reflect the light away from surrounding properties and from adjoining streets.

(4)

Fencing shall be installed to prevent golf balls from causing damage to surrounding properties.

('64 Code, § 60.17)

Cross reference— Penalty, see § 10.97

(A)

The term Home Occupations applies only to such uses in the residential zones which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence. Such uses which consist solely of a business phone and/or mailing address shall only require approval by the Director of Planning and Development, except that cottage food operations may be permitted as specified in § 155.635.1; all other such uses shall require Planning Commission approval. Before granting approval, the Director of Planning and Development and the Commission shall be satisfied that all of the requirements set forth below are met.

(B)

Approval by the Director of Planning and Development and the Commission may be conditioned upon any other requirements deemed necessary to preserve the residential character of the area and carry out the intent of this chapter.

(1)

No employment of help other than members of the resident family.

(2)

No use of material or mechanical equipment not recognized as being part of reasonable household uses.

(3)

The use shall not generate pedestrian or vehicular traffic.

(4)

No storage of materials or supplies outdoors and no use of commercial vehicles for delivery of materials to or from the premises.

(5)

No signs or advertising shall be permitted on the premises.

(6)

In no way shall the appearance of the building be so altered, or the home occupation be so conducted as to cause the premises to deviate from its residential character, either by color, materials or construction, or by lighting signs, sounds, or noises, vibrations, and the like.

(7)

There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes.

(8)

The use shall not be a category of industrial homework which is prohibited by state law.

(9)

That if the use is a category of industrial homework which is not prohibited by state law, evidence shall be submitted that a valid and existing license and permit has been issued to the employer and industrial homeworker (applicant) respectively by the State Division of Industrial Welfare or other appropriate regulatory agency governing the use.

(10)

That if the use requires a license or permit by any other public agency having jurisdiction by law, evidence shall be submitted that a valid license or permit has been issued to the applicant by such public agency.

(11)

The applicant shall sign an affidavit that he or she is aware of and agrees to all of the requirements and conditions under which approval of the home occupation is given, and that if any of said requirements or conditions are violated, the approval shall become null and void.

('64 Code, § 60.18; Am. Ord. 700, passed 9-11-86; Am. Ord. 1081, passed 1-26-17)

Cross reference— Penalty, see § 10.97

(A)

The term Cottage Food Operations, as defined in § 155.003, applies only to such uses in residential zones which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence. Such uses shall require approval of a cottage food operations permit by the Director of Planning or his/her designee. Before granting approval, the Director of Planning or his/her designee shall be satisfied that all the requirements set forth below are met.

(1)

All cottage food operations must comply with the requirements of the Los Angeles County Environmental Health Division and the California Department of Public Health. Applicants must first obtain a Cottage Food Operations Class A or Class B Permit from the County prior to submitting an application for a cottage food operations permit under this chapter. A copy of the valid county Class A or Class B permit must be furnished to the city along with the application for a cottage food operations permit.

(2)

The cottage food operation shall at all times be conducted in compliance with all conditions and limitations set forth within this chapter, Cal. Health and Safety Code §§ 113758 and 114365, and all other applicable state and county laws, regulations, and requirements.

(3)

Cottage food operations must at all times comply with the restrictions on gross annual sales as set forth in Cal. Health and Safety Code § 113758. Cottage food operator must at all times maintain applicable tax returns or other proof of gross annual sales for the cottage food operation, and must promptly provide such documentation to city officials upon request.

(4)

Cottage food operations shall not be:

(a)

Located within 300 feet of the property line of any single-family home where another approved cottage food operation is located; or

(b)

Located within the same building of an apartment complex or other multi-family housing development (i.e. condominiums or townhomes) where another approved cottage food operation exists.

(5)

Cottage food operations shall occupy no more of a residence than the lesser of:

(a)

Thirty percent of the floor area of the dwelling, including the garage area; or

(b)

The area permitted by county permit.

(6)

The cottage food operation shall be conducted by the cottage food operator within the dwelling where the cottage food operator resides as their primary residence. Said dwelling shall be a legally established dwelling.

(7)

Only foods defined as "non-potentially hazardous" are approved for preparation by cottage food operations. A list of approved cottage food categories is maintained by the California Department of Public Health and is provided on their website, which will be subject to change. Products containing alcohol or marijuana are prohibited.

(8)

Cottage food operations shall not have more than one full-time equivalent employee, paid or unpaid, in addition to any family or household members that reside within the dwelling.

(9)

Any direct sales of cottage food products to customers from a dwelling unit, if applicable, shall be by prior appointment only and limited to one customer per hour per day. All sales activities shall occur inside the residence and must be between the hours of 8:00 a.m. and 6:00 p.m. On-site consumption of cottage food products by customers is prohibited.

(10)

All commercial deliveries related to the cottage food operation shall be limited to no more than one per day, between the hours of 9:00 a.m. and 5:00 p.m. Additionally, delivery vehicles shall not be heavier than 6,000 lbs. in gross vehicle weight.

(11)

All cottage food operations shall provide a site plan which confirms that the following parking and loading requirements are met:

(a)

For single-family homes, parking spaces in the property garage or carport and driveway shall be available for the actual parking demand created by the use, including parking for the applicant's own vehicles, and a parking space for one non-resident employee (if applicable).

(b)

For apartments or other multi-family developments, the cottage food operator's designated space(s) shall be available for the actual parking demand created by the use, including parking for the applicant's own vehicles, and a parking space for one non-resident employee (if applicable). On-site parking, in an apartment complex or other multi-family residence, requires prior approval in writing from the property owner, landlord, homeowners' association, or property manager.

(c)

On-street parking, except on street days where street sweeping occurs, may be temporarily used for persons picking-up and/or delivering materials for the cottage food operation.

(d)

Deliveries and customer visitations to the cottage food operation may not unreasonably interfere with the free flow of traffic in the residential zone. Additionally, the cottage food operator is responsible for ensuring that delivery and/or customer vehicles do not remain idle during visitations.

(e)

Commercial vehicles may not be kept permanently on the site or in the near vicinity to the cottage food operation.

(12)

Cottage food operations may not create noise levels in excess of the permitted noise levels established for the applicable zone in which the cottage food operation is located.

(13)

No exterior alterations may be made to the dwelling unit for the purposes of use by the cottage food operation that would alter the residential character of the dwelling.

(14)

No signage or advertisement identifying the cottage food operation shall be permitted at the premises.

(15)

In addition to a cottage food operations permit, cottage food operations must obtain all applicable permits, licenses, and certificates required for the operation of a business under the city's municipal code.

(16)

Additional conditions relating to concentration, traffic control, parking and noise control may be imposed as deemed necessary by the Director of Planning.

(B)

The Director of Planning or his/her designee may administratively revoke a cottage food operation permit if any of the following applies:

(1)

The cottage food operation has become detrimental to public health, safety, welfare, or character of a neighborhood, or constitutes a hazard or nuisance to pedestrian or vehicular circulation or parking;

(2)

The cottage food operation has been issued a notice of violation by the Los Angeles County Environmental Health Division and the violation is not corrected within the period noted within the notice;

(3)

The cottage food operation is in violation of this chapter, a condition of the cottage food operations permit, or any other applicable state or county law, regulation, or requirement; or

(4)

An expansion or relocation of a cottage food operation without an amendment of the cottage food operations permit.

(C)

A cottage food operations permit issued in accordance with the provisions set forth within this section shall not be transferred, assigned, or used by any person other than the permittee, nor shall said use be used at any location other than the one for which the permit is granted.

(Ord. 1081, passed 1-26-17)

The exploration for, drilling, development, production, storing and removal of oil and gas shall be exempt from the property development standards set forth in this chapter, but shall comply with the following requirements:

(A)

All operations shall comply with the provisions of the City Oil Code, the Fire Prevention Ordinance, air pollution regulations and all other applicable ordinances and regulations.

(B)

No oil or gas well drilled after the effective date of this chapter shall be located within 80 feet of the centerline of any major highway, or 70 feet of the centerline of any secondary highway, or 60 feet of the centerline of any other public street.

(C)

All structures and storage facilities other than oil and gas wells shall comply with the front yard setback in the zone in which they are located.

(D)

Where a conditional use permit is required by this chapter for such uses, the Planning Commission shall study each request, and shall apply such limitations and regulations as are deemed necessary according to the circumstances involved in the specific request. Among other things, the Planning Commission may require, but is not limited to, the following: soundproofing and other noise control measures; limitation on the hours of operations; height, location, appearance and condition of maintenance of equipment; fencing and landscaping; and reasonable time limit for utilization of the privileges granted by the conditional use permit.

('64 Code, § 60.19)

Cross reference— Penalty, see § 10.97

(A)

Mini-warehouses shall be permitted in the M-1 and M-2 Zones only after a valid conditional use permit and development plan approval have been granted. Notwithstanding, no conditional use permit shall be granted for a mini-warehouse facility along the Telegraph Road Corridor.

(B)

Individual storage units shall only be used for the pick-up and deposit of goods and/or property within the storage unit. Storage units shall not be used for any other activities, including, but not limited to:

(1)

Residences, with the exception of the manager's residential unit;

(2)

Offices, workshops, studios, hobby or rehearsal areas;

(3)

Manufacturing, fabrication, or processing of goods, service or repair of vehicles, engines, appliances or other electrical equipment, or any other industrial activity;

(4)

Conducting retail sales of any kind including garage or estate sales or auctions or to conduct any other commercial activity;

(5)

Storage of flammable, perishable or hazardous materials or the keeping of animals; and

(6)

Truck or vehicle rental without obtaining all necessary approvals.

(C)

In addition to any other conditions which may be imposed on the granting of such conditional use permit and development plan approval, the following conditions shall apply:

(1)

Mini-warehouses shall not be located on parcels exceeding three acres in size.

(2)

The exterior walls of all mini-warehouses shall be constructed of masonry or concrete. Other materials may be acceptable for exterior walls if the Planning Commission determines that visual compatibility with the surrounding development can be achieved with the use of such materials. The use of prefabricated structures is prohibited.

(3)

Setbacks and landscaping greater than those required by other provisions of this chapter may be required if deemed necessary by the Planning Commission to make such facilities compatible with existing or prospective developments in the area.

(4)

No part of the facility shall be converted to another use unless and until proper approval has been granted by the Planning Commission and by the City Council.

(5)

Outdoor storage is prohibited.

(6)

The development shall meet the requirements of the Fire Department as to adequate fire protection.

(7)

There shall be no uses or storage of materials not permitted by the type of structure or classification of occupancy as specified in the Building Code and Fire Code.

(8)

Access aisles shall not be used for storage purposes.

(9)

Area designated for off-street parking shall not be used for storage of vehicles or other materials.

(10)

Chain-link (or similar), barbed or razor wire fences are prohibited.

(11)

A maximum of one manager's residential unit may be provided, but is not required.

(12)

Access doors to individual storage units shall be located within a building or shall be screened from adjacent property and public rights-of-way.

(13)

Mini-warehouse buildings shall incorporate architectural and design features common to contemporary industrial development. Examples of such architectural and design features include: massing; proportion; facade modulation; exterior building materials and detailing; varied roof-line; varied recessed and projection; pedestrian scale; fenestration; etc.

(D)

Notwithstanding the foregoing, any mini warehouse facility which existed in compliance with the existing code as of October 28, 2017 shall be deemed legally nonconforming and subject to the requirements set forth in §§ 155.385 through 155.397.

('64 Code, § 60.19.3; Am. Ord. 468, passed 10-10-74; Am. Ord. 1089, passed 9-28-17; Ord. No. 1145, passed 8-22-24)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a mortuary or funeral home.

(B)

In establishing the requirements for such uses, the Planning Commission shall consider, among other criteria, the following:

(1)

Wherever possible, such uses should be located on a major or secondary highway.

(2)

Such uses should be so located as not to inhibit or deter proper development of nearby properties.

(3)

The site should be of ample size to allow for the makeup of funeral processions as well as to provide the required off-street parking and loading facilities and landscaping as set forth in this chapter.

(4)

The design for vehicular access to and from the site should conform to accepted traffic engineering practices so as to minimize traffic congestion on the adjoining streets.

('64 Code, § 60.20)

Cross reference— Penalty, see § 10.97

A conditional use permit shall be required for the establishment of any open storage yard except that a conditional use permit shall not be granted where the premises fronts on a freeway or on a major or secondary highway or where the premises exceeds an area of one acre or where such uses would be incompatible with or have an adverse effect on existing or proposed development in the adjacent area; however, a conditional use permit may otherwise be issued for open storage yards on property composed of filled land which cannot be better utilized for other industrial uses.

('64 Code, § 60.20.1; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

Parking areas in any zone may be used for intermittent or temporary special events in accordance with the following requirements:

(A)

Authorization for use of the parking area for the special event shall first be granted by the Director of Community Development or designee.

(B)

The Director of Community Development or designee may impose such conditions on its approval as are deemed necessary in the public interest.

(C)

Approval of the owner or operator of the parking area shall also be required.

(D)

The event shall be conducted in such a manner as to not adversely affect surrounding properties and uses.

('64 Code, § 60.21; Ord. No. 1135, § II(Exh. A), 4-2-24)

Cross reference— Penalty, see § 10.97

Radio and television antennae, towers, transmitters, and satellite antennae less than two feet in diameter may be erected and used as accessory structures to any of the principal permitted uses in any zone, in accordance with the following:

(A)

Such structures shall not be used for any commercial purpose if located in a residential zone.

(B)

Such structures shall not exceed the building height limitations of the particular zone in which they are located.

(C)

Planning Commission approval shall be required in any residential zone for any such structure extending to any height greater than 15 feet above the roof of the residence.

(D)

Such structures thereof shall not encroach upon any required yard and open space.

(E)

Such structures shall comply with the requirements of the Building Code, and be erected and maintained in a safe manner so as to not endanger any persons or property.

(F)

This section shall not be applicable to satellite receiving antennae two feet or more in diameter, but shall be applicable to all smaller receiving antennae.

('64 Code, § 60.22; Am. Ord. 706, passed 12-24-86)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a riding academy or a public stable.

(B)

In establishing the requirements for such uses, the Planning Commission shall consider, among other criteria, the following:

(1)

Standards of density of animals per site area.

(2)

The frequency of removing accumulated manure.

(3)

Adequate control of dust, noise and odors.

(4)

Provisions for insect control.

(5)

Adequate drainage of the site.

(6)

Adequate off-street parking.

(7)

The location of the site in relation to surrounding land uses.

(8)

Provision of public toilets and sanitary facilities.

('64 Code, § 60.23)

Cross reference— Penalty, see § 10.97

Subject to the approval of the Director of Planning and Development, temporary use of required off-street parking areas or other areas for sales promotional activities such as carnivals, amusement rides and similar activities shall be allowed in any zone; provided, that said activities shall be limited to not more than four five-day periods in any calendar year.

('64 Code, § 60.23.1; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

(A)

Intent. In enacting this section, it is the intent of the city to encourage the provision of accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Accessory dwelling units provide housing for extended family members, students, the elderly in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create accessory dwelling units can benefit from added income, and an increased sense of security. Allowing accessory dwelling units in residential zones provides needed additional rental housing. This section provides the requirements for the establishment of accessory dwelling units consistent with Cal. Government Code § 65852.2.

(B)

Interpretation. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the mandatory requirement of State law shall control, but only to the extent legally required.

(C)

Applications.

(1)

Administrative review. All accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon receipt of a completed application complying with the standards and criteria set forth in this section. If an application for accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the accessory dwelling unit permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, the city shall grant a delay and the 60-day period for consideration will be tolled for the period of the requested delay.

(2)

Fees. Applications for an accessory dwelling unit shall be accompanied by an application fee and shall be subject to applicable inspection and permit fees.

(D)

Accessory dwelling unit standards. The following standards and criteria shall apply to the creation of an accessory dwelling unit:

(1)

Allowable zones. The accessory dwelling unit shall be allowed only on a lot or parcel that is zoned for single family residential, multifamily residential or mixed use with an existing or proposed residential dwelling.

(2)

Number of ADUs.

(a)

There shall not be more than one ADU, and one JADU within the walls of the existing or proposed residence, per lot or parcel that is zoned for single family residential use.

(b)

On a lot with existing multifamily dwelling structures, at least one unit and up to 25% of the total multifamily dwelling units are allowed within the portions of the existing structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided that each unit complies with state building standards for dwellings.

(c)

On a lot with an existing or proposed multifamily dwelling, not more than two detached units, subject to the height limitation set forth in subsection (D)(7), and at least a four-foot side and rear yard setback. The maximum square footage shall comply with the limits set forth in § 155.644(D)(5). The city shall not require any modifications to an existing multifamily dwelling that has a rear or side yard setback of less than four feet if the proposed accessory dwelling unit satisfies the provisions of this subsection.

(3)

Conformance with zoning and General Plan. An accessory dwelling unit that conforms to the development standards of this section is deemed to be an accessory use and/or structure and will not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to conform to the zoning and General Plan.

(4)

Allowable forms. The accessory dwelling unit may be attached to or detached from the primary residential dwelling or located within an existing or proposed single-family residence, including a garage, or an accessory structure.

(5)

Floor area standards.

(a)

The detached or attached accessory dwelling unit with one or less bedroom shall not exceed a total floor area of 850 square feet.

(b)

The detached or attached accessory dwelling unit with more than one bedroom shall not exceed a total floor area of 1,200 square feet.

(c)

The minimum floor area for an accessory dwelling unit shall be 150 square feet.

(6)

Setback standards.

(a)

The accessory dwelling unit shall comply with the front setback standard applicable to the specific zone in which it is located, unless doing so would prohibit the construction of at least an 850 square foot accessory dwelling unit. The first priority placement shall be in the rear of a property, developed in compliance with the required setbacks. If proposed at the front of a property, the front setback shall be maximized to the extent allowed within these requirements. Notwithstanding any other provision in this section, an accessory dwelling unit that encroaches into the front yard setback shall be limited to a total of 800 square feet.

(b)

The accessory dwelling unit shall be set back no less than four feet from the side and rear property lines.

(c)

Notwithstanding any other provision of this section, no setback shall be required for an existing permitted living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. A setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

(7)

The height of an accessory dwelling unit shall be as follows:

(a)

A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit shall not be greater than 16 feet in height.

(b)

A detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as defined in Public Resources Code Section 21155, shall not be greater than 18 feet in height. Two additional feet in height is allowed to accommodate roof pitch of the accessory dwelling unit to align with the roof pitch of the primary dwelling unit.

(c)

A detached accessory dwelling unit on a lot with an existing or proposed multifamily multistory dwelling shall not be greater than 18 feet in height.

(d)

For an accessory dwelling unit that is attached to a primary dwelling, an accessory dwelling unit shall not be higher than 25 feet or the height of the primary dwelling, whichever is lower.

(e)

An accessory dwelling unit shall not exceed two stories.

(8)

Location. The attached or detached accessory dwelling unit shall be located within, or if outside of the existing walls of the existing or proposed primary residence, preferably to the rear, or to the side of the existing or proposed primary residence unless the accessory dwelling unit is being constructed in the exact location and to the same dimensions as an existing accessory structure, including an attached or detached garage.

(9)

Regulating code. The accessory dwelling unit shall comply with all building, safety, fire and health codes, and all other applicable laws and regulations. Accessory dwelling units are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

(10)

Manufacturing ADUs. Manufactured housing, factory-built ADU, and modular ADUs are allowed in compliance with the provisions herein and Cal. Health and Safety Code § 18007; however, mobile homes, trailers and recreational vehicles shall not be used as accessory dwelling units.

(11)

Parking. In addition to all other required off-street parking, parking requirements for accessory dwelling units shall not exceed one space per unit. Parking may also be located in setback areas in locations determined by the city or through tandem parking, unless specific findings are made that such parking is infeasible based upon specific site or regional topographical or fire and life safety conditions. Mechanical parking lifts may also be used for replacement parking.

(12)

Replacement parking. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of or conversion to an accessory dwelling unit, no replacement parking shall be required. Additionally, no parking shall be required for an accessory dwelling unit in any of the following instances:

(a)

The accessory dwelling unit is located within one-half mile walking distance of public transit.

(b)

The accessory dwelling unit is located within an architecturally and historically significant historic district.

(c)

The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.

(d)

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

(e)

When there is a car share vehicle located within one block of the accessory dwelling unit.

(f)

When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

(13)

Rentals and separate sale of ADUs. The accessory dwelling unit and the primary residential dwelling may be rented concurrently, provided that the term of the rental is at least 31 days or more. An accessory dwelling unit may be sold or conveyed separately from the primary residence, only if:

(a)

The accessory dwelling unit is sold to a qualified buyer, including persons and families of low or moderate income, as that term is defined in Section 50093 of the Health and Safety Code, and all of the following apply:

(I)

The accessory dwelling unit or the primary dwelling was built or developed by a qualified nonprofit corporation, one that is organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.

(II)

There is an enforceable restriction on the use of the land pursuant to a recorded contract between the qualified buyer and the qualified nonprofit corporation that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code.

(III)

The property is held pursuant to a recorded tenancy in common agreement that includes all of the following:

(A)

The agreement allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling that each qualified buyer occupies.

(B)

A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the accessory dwelling unit or primary dwelling if the buyer desires to sell or convey the property.

(C)

A requirement that the qualified buyer occupy the accessory dwelling unit or primary dwelling as the buyer's principal residence.

(D)

Affordability restrictions on the sale and conveyance of the accessory dwelling unit or primary dwelling that ensure the accessory dwelling unit and primary dwelling will be preserved for low-income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

(E)

The tenancy in common agreement shall include all of the following:

(i)

Delineation of all areas of the property that are for the exclusive use of a cotenant. Each cotenant shall agree not to claim a right of occupancy to an area delineated for the exclusive use of another cotenant, provided that the latter cotenant's obligations to each of the other cotenants have been satisfied.

(ii)

Delineation of each cotenant's responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, improvements, and any other costs, obligations, or liabilities associated with the property. This delineation shall only be binding on the parties to the agreement, and shall not supersede or obviate the liability, whether joint and several or otherwise, of the parties for any cost, obligation, or liability associated with the property where such liability is otherwise established by law or by agreement with a third party.

(iii)

Procedures for dispute resolution among the parties before resorting to legal action.

(IV)

A grant deed naming the grantor, grantee, and describing the property interests being transferred shall be recorded in the county in which the property is located. A Preliminary Change of Ownership Report shall be filed concurrently with this grant deed pursuant to Section 480.3 of the Revenue and Taxation Code.

(V)

Notwithstanding subparagraph (A) of paragraph (2) of subdivision (f) of Section 65852.2, if requested by a utility providing service to the primary residence, the accessory dwelling unit has a separate water, sewer, or electrical connection to that utility.

(14)

Rentals and tenure. The accessory dwelling unit and the primary residential dwelling may be rented concurrently provided that the term of the rental is at least 31 days or more, but the accessory dwelling unit shall not be sold or owned separately from the primary dwelling, unless the owner is another governmental agency, land trust, housing organization, or qualified non-profit.

(15)

Utility connection or capacity charges. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service.

(a)

For attached units or units located within the proposed or existing single-family dwelling and meeting the definition of § 155.644(F)(1)(a) below, the city shall not require the applicant to install a new or separate utility connection between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge. Such requirements and charges may be imposed when the accessory dwelling unit is being constructed in connection with a new single-family residential dwelling.

(b)

For all other accessory dwelling units other than those described in § 155.644(D)(15)(a) above, the city may require a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection fee or capacity charge shall be proportionate in relation to the square footage of the primary dwelling unit and may not exceed the reasonable cost of providing the water or sewer service.

(16)

Impact fees.

(a)

No impact fee shall be imposed on any accessory dwelling unit less than 750 square feet in size, except for impact fees used to fund school, which shall not be imposed on any ADU of or less than 500 square feet in size.

(b)

For accessory dwelling units 750 square feet or greater, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.

(c)

All applicable public service and recreation impact fees shall be paid prior to occupancy in accordance with Cal. Government Code §§ 66000 et seq. and 66012 et seq.

(d)

For purposes of this section, "impact fee" shall have the same meaning as set forth in Cal. Government Code § 65852.2(f).

(17)

Prior approvals. The provisions of this section shall not apply to any accessory dwelling units for which the city issued conditional use permits prior to the effective date of this section.

(E)

Design standards.

(1)

A site plan, elevations and floor plan depicting the location of the ADU in relation to the primary dwelling shall be submitted to the Director of Planning and Development for ministerial review and approval prior to the issuance of any building permits.

(2)

Windows and doors of an ADU shall not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. Windows and glass doors that face an adjoining property and are within fifteen (15) feet of a property line that is not a right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six (6) feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(3)

An accessory dwelling unit shall have a separate exterior entrance from the primary dwelling unit.

(4)

No exterior stairway shall be located on the front or on any street-facing side of the accessory dwelling unit.

(F)

ADU application approvals.

(1)

A permit application for an ADU or a JADU shall be considered and approved ministerially without discretionary review or a hearing. The city and any associated permitting agencies including, but not limited to, applicable planning departments, building departments, consultants or contractors working as agents of the city, utilities, and special districts, shall approve and issue a building permit or deny the application to create or serve an ADU or a JADU within 60 calendar days after receiving a completed application if there is an existing primary dwelling on the lot and if it meets the minimum ADU and/or JADU standards of this chapter.

(a)

If the city and any associated permitting agencies has not approved or denied the completed application within 60 days, the application shall be deemed approved, and a building permit issued for its construction.

(b)

If the city or any associated permitting agencies denies an application for an ADU or JADU pursuant to paragraph (a), the city and any associated permitting agencies shall, within the 60-day time period, transmit to the applicant a list of items that are defective or deficient and a description of how the application can be remedied.

(c)

If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city and any associated permitting agencies may delay approving or denying the permit application for the ADU or JADU until the city approves or denies the permit application to create the new dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing.

(d)

If the applicant requests a delay, the 60-day time period shall be paused for the period of the delay. If the permit application is returned to the applicant with a list of corrections requested to comply with applicable codes and regulations, any accounting of the 60-day time period shall be paused for the period of time until the applicant re-submits a corrected application.

(e)

A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU, and a building permit for the ADU shall be issued at the same time as the demolition permit; the applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an ADU.

(2)

The city shall not require the correction of existing legal, nonconforming zoning conditions prior to issuing a permit for an ADU.

(G)

Existing units.

(1)

Existing ADUs that have not been approved by the city are required to obtain approval in order to be considered a lawful use. An application for an unpermitted ADU that was constructed before January 1, 2018 shall not be denied due to violations of building standards, or if the unpermitted ADU does not comply with Chapter 155 of the Santa Fe Springs Municipal Code, unless it is found that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure pursuant to Section 17920.3 of the Health and Safety Code. An application for an unpermitted ADU for which a building permit does not exist shall be approved based the version of the applicable Building Standards Code in effect when the residential unit was determined to be constructed for the purposes of issuing a building permit; the appropriate enforcement official may make a determination of the date of construction and issue a retroactive building permit for that construction.

(2)

The city shall delay enforcement of building standards that are not a matter of public health and safety for existing ADUs upon request of the ADU owner, as follows:

(a)

ADUs built prior to January 1, 2020 are eligible, or ADUs built on or after January 1, 2020 at a time that the city had a noncompliant ADU ordinance.

(b)

Until January 1, 2030, the city shall issue a statement along with a notice to correct a violation of any provision of any building standard relating to an ADU that substantially provides as follows:

(i)

You have been issued an order to correct violations or abate nuisances relating to your ADU. If you believe that this correction or abatement is not necessary to protect the public health and safety, you may file an application with the city Planning Department. If the city determines that enforcement is not required to protect the health and safety, enforcement shall be delayed for a period of five years from the date of the original notice.

('64 Code, § 60.23.2; Am. Ord. 634, passed 7-28-83; Am. Ord. 821, passed 2-25-93; Am. Ord. 938, passed 8-28-03; Am. Ord. 1084, passed 3-23-17; Am. Ord. 1110, passed 6-25-20; Ord. No. 1134, 1-23-2024 (Exh. A))

Cross reference— Penalty, see § 10.97

(A)

Intent. In enacting this section, it is the intent of the city to encourage the provision of junior accessory dwelling units to meet a variety of economic needs within the city and to implement the goals, objectives, and policies of the housing element of the general plan. Junior accessory dwelling units provide housing at below market prices within existing neighborhoods. Homeowners who create junior accessory dwelling units can benefit from added income, and an increased sense of security. Allowing junior accessory dwelling units in single-family residential zones provides needed additional rental housing. This section provides the requirements for the establishment of junior accessory dwelling units consistent with Cal. Government Code § 65852.22.

(B)

Administrative review. All junior accessory dwelling unit applications shall be ministerially approved by the Director of Planning and Development, or his/her designee, and a permit issued within 60 days upon receipt of a completed application complying with the standards and criteria provided in this section. If an application for a junior accessory dwelling unit is denied within those 60 days, the applicant will be provided with a list of defective items and description of how the deficiencies can be remedied. If the application is neither approved nor denied within the 60 days after a complete application is submitted, the application is deemed approved. If the junior accessory dwelling unit is being proposed in conjunction with a new single-family dwelling, the Director may delay acting on the permit application until the city acts on the permit application for the new single-family dwelling. If the applicant requests a delay, the city shall grant a delay and the 60-day period will be tolled for the period of the requested delay.

(C)

Junior accessory dwelling unit standards. The following standards and criteria shall apply to the creation of a junior accessory dwelling unit:

(1)

Number allowed. A maximum of one junior accessory dwelling unit shall be permitted per residential lot containing an existing or proposed single-family dwelling. Junior accessory dwelling units do not count towards the density requirements of the general plan or zoning ordinance.

(2)

Owner occupancy. The property owner shall occupy either the main single-family dwelling or the junior accessory dwelling unit.

(3)

Tenure. The junior accessory dwelling unit or the main single-family dwelling may be rented, provided the rental term is at least 31 days or more, but the junior accessory dwelling unit shall not be sold or owned separately from the single-family dwelling.

(4)

Allowable location. The junior accessory dwelling unit must be created within the existing walls of an existing single-family dwelling, which includes an attached garage.

(5)

Size. The junior accessory dwelling unit shall not exceed 500 square feet in size.

(6)

Entrance. The junior accessory dwelling unit shall include a separate exterior entrance from the main entrance to the single-family home. An interior entry to the main living area shall be required if the junior accessory dwelling unit shares sanitary facilities with the single-family home. The junior accessory dwelling unit may include a second interior doorway for sound attenuation.

(7)

Kitchen required. The junior accessory dwelling unit shall include a food preparation area, requiring and limited to the following components:

(a)

An area used for cooking, with kitchen appliance; and

(b)

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

(8)

Parking. No additional off-street parking is required beyond that required for the main single-family dwelling.

(9)

Utility service. A separate water connection or meter, and a separate sewer service connection are not required for a junior accessory dwelling unit. Water and sewer service for the junior accessory dwelling unit is shared with the main single-family dwelling unit.

(10)

Applicable codes. The junior accessory dwelling unit shall comply with all applicable building standards and shall be subject to permit and inspection fees to ensure such compliance. Fire sprinklers shall be required if they are required in the existing or proposed single-family residence.

(11)

Regulations and connection fees. For the purposes of applying any fire or life protection ordinance or regulation, or providing service water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered to be a separate or new dwelling unit.

(12)

Deed restriction. Prior to obtaining a building permit for the junior accessory dwelling unit, a deed restriction, in a form satisfactory to the City Attorney, shall be recorded with the County Recorder to evidence and give notice of the requirements of this section.

(D)

Enforcement. The city shall not require the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit in the approval of a junior accessory dwelling unit.

(Ord. 1084, passed 3-23-17; Am. Ord. 1110, passed 6-25-20; Ord. No. 1134, 1-23-2024 (Exh. A))

The use of satellite antennas more than two feet in diameter shall conform to the following standards:

(A)

Agricultural and residential zones.

(1)

Ground-mounted satellite antennas are permitted in the agricultural and residential zones provided such antennas do not extend to a height greater than 15 feet or more measured from the ground of the lot and that the main supporting element of the antennas are not located in a required yard setback area, except that such antennas may encroach into the required rear yard setback area a maximum distance of ten feet.

(2)

Satellite antennas shall not be mounted on the roof of the main dwelling unit, or on the roof of a two story accessory structure, or on the walls of any building or structure in the agricultural and residential zones except that satellite antennas may be mounted on the roof of a multi-family building in the R-3 Zone provided such antennae are not highly visible from the public streets in the area or are suitably enclosed by a screen or structure that is architecturally compatible with the building and that a satellite antennae may be located on the roof of an accessory structure in the R-1 Zone provided that the overall height of the said antenna does not exceed 15 feet measured from the ground of the lot.

(B)

Commercial, industrial and public facilities zones.

(1)

Ground-mounted satellite antennae are permitted in the commercial, industrial and public facilities zones provided such antennae are not located between a building and the public street, nor within 50 feet of a public street, are not located in a required yard setback area, are not highly visible from any adjacent public streets, and do not exceed a maximum height of 15 feet.

(2)

Roof-mounted satellite antennae are permitted in the commercial, industrial and public facilities zones provided such antennae are not highly visible from adjacent public streets or residential areas.

(C)

Buffer Parking Zone. Satellite antennae two feet or more in diameter are not permitted in the BP Zone.

(D)

General requirements.

(1)

All ground-mounted satellite antennae shall be placed adjacent to the main or accessory structures or other appropriate solid background in order to minimize the visual impact of the antennae.

(2)

No advertising material of any type shall be allowed on any satellite antennae and no antennae shall have a bright, shining or glare reflective finish.

(3)

Satellite antennae shall not be approved where they are highly visible from adjacent public streets. Whenever determined necessary by the Director of Planning and Development, satellite antennae shall be screened from view of adjacent properties and public streets by decorative fencing, walls, landscaping or other suitable material in a manner aesthetically harmonious with the architecture and landscaping of the area, but which does not impair the reception of the antenna.

(4)

The height of a satellite antennae shall be measured at the highest average ground level within a three-foot radius of the antenna. To allow for variations in topography, the height may vary an amount not to exceed six inches from the height of the average ground level.

(5)

Such structures shall comply with the requirements of the Building Code, and be erected and maintained in a safe manner so as to not endanger any persons or property.

(6)

Such structures shall not be used for any commercial purpose if located in a residential zone.

(7)

Development ban approval by the Planning Commission shall be required for the use of two or more satellite antennae on a lot or parcel to assure proper attention is given to the siting, appearance, and the like, of the said antennae.

(8)

Satellite antennae two feet or more in diameter shall require a permit from the Department of Planning and Development to assure compliance with the criteria, standards and the purpose and intent of this section.

('64 Code, § 60.23.3; Ord. 706, passed 12-24-86)

Cross reference— Penalty, see § 10.97

Provided that all temporary seismic and geophysical operations, including temporary geophysical core holes, are conducted pursuant to the provisions of the City Oil Code and the Fire Prevention Ordinance and all other applicable ordinances and regulations, it is not the intent that this chapter shall apply to such temporary geophysical and seismic operations.

('64 Code, § 60.24)

(A)

The definition of an "automobile service station" in § 155.003 of this chapter is further set forth and limited to the following operations.

(B)

A service station conducting activities or operations of a heavier nature than the following shall be classified as a "repair garage."

(1)

Tire sale, repair and servicing, but no recapping.

(2)

Radiator cleaning and flushing.

(3)

Washing and polishing; provided, that the area used for such purposes does not exceed 500 square feet; and provided, that there be no mechanical washing or steam cleaning.

(4)

Greasing and lubrication not to exceed three racks or pits; all greasing and lubrication to be done indoors.

(5)

Minor servicing and replacement of carburetors, fuel pumps, fuel lines, spark plugs and batteries (passenger car, panel and pick-up trucks only).

(6)

Emergency wiring repairs.

(7)

Relining and adjusting brakes (passenger car, panel and pick-up trucks only).

(8)

Replacement of water hose, fan belts, brake fluid, light bulbs, floor mats, seat covers, windshield wipers and other minor accessories.

('64 Code, § 60.25)

(A)

A conditional use permit shall be required for the establishment of a storage or retail use involving explosives, firearms or ammunition pursuant to § 155.243 of this chapter.

(B)

In addition to any other conditions which may be imposed by the Planning Commission on the granting of said conditional use permit, the following shall apply:

(1)

A security and safety plan shall be submitted to the city for approval and shall be implemented prior to occupancy of the building.

(2)

The storage of explosives, firearms or ammunition shall not occur within 1,000 feet of any property zoned for or occupied by residential, schools, parks and religious land uses.

(3)

Retail sales in connection with storage of explosives, firearms or ammunition shall be prohibited with the exception of retail sales as specified in § 155.243(N).

(4)

The storage of explosives, firearms or ammunition shall comply with the following additional Building and Fire Code requirements.

(a)

Ammunition.

1.

Storage of ammunition.

a.

Amounts not exceeding 500 pounds may be stored in a safe and secured location.

b.

Amounts in excess of 500 pounds shall be stored in a location and in a manner approved by the City's Fire Chief.

c.

Not more than 1,000 pounds may be stored in a basement equipped with automatic sprinklers.

d.

Over 5,000 pounds shall be stored in a room of one-hour fire-resistive construction. Door openings thereon shall be protected by one-hour fire assemblies. Such rooms shall be equipped with an automatic sprinkler system.

2.

Separation. Ammunition shall be separated from flammable liquids, flammable solids, and oxidizing materials by one-hour fire-resistive separation or by a distance of not less than 25 feet.

3.

Approval. Ammunition shall not be stored with Class A or Class B explosives unless the storage facility is approved by the City's Fire Chief.

(b)

Fire protection. Portable fire extinguishers shall be provided as required by § 10.301 of the Uniform Fire Code wherever fireworks, smokeless powder, small arms ammunition or small arms primers are stored, manufactured, or handled.

('64 Code, § 60.25.1; Ord. 732, passed 6-9-88; Am. Ord. 1077, passed 12-22-16)

Cross reference— Penalty, see § 10.97

(A)

Tattoo parlor uses shall only be located in the C-4 Community Commercial Zone, and only after a valid business regulatory permit has first been issued.

(B)

Tattoo parlor uses shall not be located in the following locations:

(1)

Within 1,000 feet of another such business.

(2)

Within 1,000 feet of any property upon which is located a school or a park, as those terms are defined in § 155.601.

(C)

Tattoo parlor uses shall not use loudspeakers or sound equipment which can be heard by the public from public and/or semi-public areas.

(Ord. 870, passed 6-13-96; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

Cross reference— Conditional use permit required, see § 155.723; Penalty, see § 10.97

(A)

Tents shall not be used for commercial or industrial purposes.

(B)

However, tents may be used for places of public assembly in connection with permitted uses in the agricultural, industrial, commercial and public use facilities zones, provided the following conditions are satisfied:

(1)

The Director of Planning and Development shall determine that the proposed use shall not be detrimental to surrounding properties or persons nor to the community in general.

(2)

Adequate vehicular access and off-street parking shall be provided. A plot plan showing such access and parking shall be subject to approval of the Director of Planning and Development.

(3)

Noise, dust and other objectionable elements shall be adequately controlled.

(4)

Said use shall not be located closer than 300 feet from an agricultural or residential zone, school or park, nor 50 feet from the building setback along a dedicated street.

(5)

Such use shall not exceed six days in any calendar year.

(6)

Said use shall be subject to the approval of the Fire Department and Building Department and shall meet the requirements of all other applicable regulations.

(7)

Within seven days after the tent use ceases, the property shall be restored to a neat, orderly and sanitary condition.

('64 Code, § 60.25.5; Am. Ord. 358, passed 7-10-69; Am. Ord. 501, passed 6-24-75; Ord. 732, passed 6-9-88)

Cross reference— Junk dealers, see §§ 110.01 - 110.30; Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a drive-in theater.

(B)

In addition to any other requirements which the Planning Commission may impose on the granting of said conditional use permit, the following standards and requirements shall apply unless specifically set forth and itemized in said permit:

(1)

Ingress and egress for any site shall be directly to or from a major or secondary highway.

(2)

In order to minimize traffic congestion, reservoir off-street standing space or side service road space shall be provided at any entrance between the ticket gates and highway sufficient to accommodate vehicles in an amount equal to at least 20 percent of the vehicle capacity of the theater.

(3)

Any area of the site accessible to vehicles shall be surfaced in accordance with the standards prescribed for parking areas in this chapter.

(4)

Any picture screen less than 500 feet from a major or secondary highway shall be so located or shielded that the picture surface cannot be viewed from such highway.

(5)

The site shall be enclosed by a wall, solid fence or compact evergreen hedge at least six feet high.

('64 Code, § 60.26)

Cross reference— Penalty, see § 10.97

Temporary real estate offices may be located in any new subdivision in any zone in accordance with the following:

(A)

Such offices shall be used only for the purpose of conducting the sale of lots and improvements in the tract within which such office is located and for property management within said tract.

(B)

Not more than two such offices shall be permitted in any one tract.

(C)

All such offices shall be maintained in a neat and orderly manner and shall be adequately painted and kept in a good state of repair.

(D)

All such offices shall be removed within 30 days from the date of the completion of sales activities in connection with the subdivision within which such office is located.

(E)

In the event sales activity within the tract continues for a period of more than two years, Planning Commission approval shall be required to permit use of the temporary tract offices for a longer period.

('64 Code, § 60.27)

Cross reference— Penalty, see § 10.97

Trailers shall not be used for living or sleeping purposes nor for other uses except as follows:

(A)

Where such facilities are located in a licensed trailer park, for use as an office or for living or sleeping purposes.

(B)

Where a temporary permit has been issued for a period of six months, with one extension possible, for use while construction is in progress.

(C)

Where development plan approval has been granted by the Planning Commission for the temporary use of such facilities by a caretaker, custodian or night watchman.

(D)

Where development plan approval has been granted by the Planning Commission for the temporary use of such facilities in the A-1, PF, M-1 and M-2 Zones as offices or for other uses permitted in said zones, except that development plan approval shall not be required where such facilities are located so as to be totally concealed from view from a public street or more than 150 feet from the planned street width line along any public street and where approval has been granted by the Director of Planning and Development. Approval by the Planning Commission and Director of Planning and Development may be conditioned upon any requirement deemed necessary to insure that such facilities will not be detrimental to persons or property and will not adversely affect the city in general.

('64 Code, § 60.28; Am. Ord. 358, passed 7-10-69; Am. Ord. 700, passed 9-11-86)

Cross reference— Penalty, see § 10.97

A trailer not used for living or sleeping purposes may be parked or stored on any premises in any zone, owned or occupied by the owner of said trailer, except as follows:

(A)

A trailer shall not be parked or stored in any required front yard, or side yard adjoining a street.

(B)

In a residential zone, a trailer shall not be parked or stored in any area between the front property line and the front of the residence, and in the case of a corner lot, said trailer shall not be parked or stored in any area between the side property line adjoining the street and the side of the residence.

('64 Code, § 60.29)

Cross reference— Penalty, see § 10.97

(A)

A conditional use permit shall be required for the establishment or enlargement of a trailer park.

(B)

In addition to any other requirements which the Planning Commission may impose on the granting of said conditional use permit, the following standards and requirements shall apply unless specifically set forth and itemized in said permit:

(1)

The minimum size for a trailer park shall be five acres.

(2)

At least 80 percent of the sites in a trailer park shall be not less than 2,000 square feet in area. The remainder of the sites in the trailer park shall be not less than 1,500 square feet in area. Said minimum area shall be exclusive of off-street parking areas.

(3)

Each trailer site shall have a minimum frontage width of 30 feet facing on a roadway.

(4)

Yard areas shall be required in accordance with the following:

(a)

A yard of ten feet shall be required on each trailer site adjacent to any roadway or off-street parking area.

(b)

A yard of ten feet shall be required on each trailer site adjacent to any exterior boundary of the trailer park.

(c)

A yard of five feet shall be required adjacent to any other boundary of a trailer site.

(d)

No trailer, cabana, ramada, awning, windbreak, storage unit, carport or other structure may be located within a required yard area on a trailer site.

(5)

The boundaries of each trailer site shall be clearly, distinctly and permanently outlined.

(6)

In no event shall the occupied area of a trailer site exceed 75 percent of the total site area. The area shall be deemed to be occupied when covered or occupied by a trailer, cabana, ramada, awning, closet, cupboard, unoccupied travel trailer, or any other stored vehicle or structure or combination thereof.

(7)

The trailer park shall be completely surrounded by a masonry wall not less than six feet in height, except for points of ingress and egress from dedicated public streets.

(8)

Trees, shrubs, grass or other forms of landscaping shall be provided in sufficient quantities to insure a residential-like appearance.

(9)

Off-street parking shall be provided in accordance with the provisions of this chapter.

(10)

Minimum access requirements within a trailer park shall be as follows:

(a)

When trailer sites are constructed at a 90° angle from a roadway, the roadway width shall be a minimum of 25 feet.

(b)

When trailer sites are constructed at a 60° angle from a roadway, the roadway width shall be a minimum of 22 feet.

(c)

When trailer sites are constructed at a 45° angle from a roadway, the roadway width shall be a minimum of 20 feet.

(d)

Parking shall not be permitted on any roadway less than 35 feet in width; except, that when sites exist on only one side of the roadway, parallel parking may be permitted on one side; provided, the roadway is not less than 28 feet in width.

(e)

No obstruction of any kind shall be erected, placed or maintained on or about a trailer site that would impede the movement of a trailer from a site to an adjacent roadway.

(f)

The minimum standards for surfacing and maintenance of roadways and parking areas within trailer parks shall be the same as that specified in this chapter for off-street parking areas.

(11)

There shall be at least one central area within each trailer park set aside for recreational use. This recreational area shall have a minimum size of 200 square feet per trailer site. The recreational area shall be landscaped and maintained for use of the trailer occupants.

(12)

Public sewer connections shall be required in every trailer park. A lateral sanitary sewer connection shall be provided to each trailer site. Each trailer occupying a trailer site shall be equipped with a flush toilet property connected with the public sewer system.

(13)

Auxiliary toilet facilities, baths or showers and clothes washing and drying facilities shall be provided in each trailer park. The size and location of such facilities shall be adequate to meet the needs of the residents of the trailer park.

(14)

All driveways and walkways shall be lighted at night with electric lamps of not less than 25 watts each, spaced at intervals of not more than 100 feet.

(15)

An electrical outlet supplying at least 110 volts shall be provided for each trailer site.

(16)

It shall be the responsibility of the owner or operator of a trailer park to maintain the entire park in a neat and orderly manner. All installations required by this chapter shall be maintained in a good state of repair.

(17)

Each trailer park shall maintain an office in a permanent building. The owner or operator of every trailer park shall maintain in a conspicuous location in said office a copy of the plot plan of the trailer park. Said plot plan shall be the same as that approved by the city in connection with the granting of the conditional use permit. The plot plan shall show in detail the following items:

(a)

All trailer sites completely dimensioned and designated by name or number.

(b)

All public streets adjacent to the trailer park.

(c)

The location, width and type of construction of all roadways and off-street parking areas within the trailer park.

(d)

The location of all trailer park buildings, laundry and drying areas, recreation facilities and landscaped areas.

(e)

All required yard spaces.

(f)

Fire hydrant locations and size of outlet connections.

('64 Code, § 60.30)

Cross reference— Penalty, see § 10.97

A conditional use permit shall be required for the establishment, maintenance and operation of a truck driving school as defined in § 155.003 of this chapter. Truck driving schools shall satisfy the following requirements:

(A)

Provide classroom facilities within an enclosed building where students are provided classroom instruction and training. The classroom facilities shall include adequate bathroom facilities for students, faculty and staff. All building facilities for the truck driving school shall be in accordance with the requirements of the Building and Fire Codes of the city, and other applicable federal, state and county and local regulations.

(B)

Any truck driving instruction performed on any streets or highways shall be conducted on a fully improved street or highway in accordance with all federal and state laws. All truck driving instruction not performed on streets or highways shall be conducted within the subject property.

(C)

The truck driving school shall satisfy the parking requirements for training schools as set forth in this chapter. The required parking for the school shall not encroach upon the required parking area for other uses or buildings on the property.

(D)

The truck driving school and the instructors shall obtain all required licenses or certifications by the State of California for such schools.

(Ord. 911, passed 7-13-00)

(A)

A conditional use permit shall be required for the establishment or enlargement of any trucking, transit or transportation facility, including facilities for repair and storage, except where such uses are listed as permitted uses in this chapter and except where such uses are incidental to a permitted use, servicing only such permitted use and located on the same premises as such permitted use.

(B)

For the purposes of this section, the loading or unloading of vehicles from railroad sidings and the storage or servicing of such vehicles shall be deemed to be a "transportation facility" and such use shall not be deemed to be incidental to a permitted use, where such permitted use consists of facilities related to the transportation of such vehicles to the site.

(C)

Because of the extensive effect of trucking, transit and transportation facilities on surrounding properties, on city streets and highways and on the economic well being and physical growth of the community, conditional use permits shall not be issued where the premises fronts on a freeway or on a major or secondary highway or where the premises exceeds an area of two acres; except, however, permits may be issued for trucking, transit and transportation facilities on a site composed of filled land which cannot be better utilized for other industrial use; and except, that permits may be issued for the expansion of an existing trucking, transit or transportation facility; provided, that such expansion is contiguous and does not exceed an area of one acre; and provided, the total facility, including the expansion, does not exceed an area of four acres.

(D)

Truck driving schools.

('64 Code, § 60.30.1; Am. Ord. 358, passed 7-10-69; Am. Ord. 438, passed 6-28-73; Am. Ord. 446, passed 12-13-73; Am. Ord. 911, passed 7-13-00)

Cross reference— Penalty, see § 10.97

A Temporary Storage Permit (TSP) may be obtained for the temporary storage of trucks, trailers, chassis, or containers on a M-1 or M-2 zoned site, or portion thereof, in accordance with the requirements of this section.

(A)

Required Site Characteristics.

(1)

The subject site shall not exceed five acres in size.

(2)

The subject site shall not front onto a major or secondary arterial.

(3)

The subject site shall not be located within 1,000 feet of a residential zone, school, or park.

(4)

The subject site, or portion thereof, used for the storage of trucks, trailers, chassis, or containers shall be undeveloped.

(B)

Standard Conditions of Approval. In addition to any other conditions of approval set forth in a Temporary Storage Permit, the following conditions shall apply to all permits:

(1)

A Temporary Storage Permit shall be limited to a period of not more than two years, unless an extension is granted by the Planning Commission as set forth in this section.

(2)

The truck, trailer, chassis, or container storage use shall operate in such a manner as to not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare.

(3)

The truck, trailer, chassis, or container storage use shall fully comply with all applicable building, fire, and other state and local laws.

(4)

Washing or repairing of trucks, trailers, chassis, or containers is strictly prohibited at all times.

(5)

The permit holder shall obtain all necessary construction related permits.

(6)

Trucks, trailers, chassis, and/or containers shall not be located within the required setback areas.

(7)

Off-street parking shall be adequate to accommodate the proposed use.

(C)

Application Filing, Fees and Processing.

(1)

Application and Contents. An application for the temporary storage of trucks, trailers, chassis, or containers shall be made on forms furnished by the Community Development Department. At minimum, the application must contain the following information:

(a)

Name of applicant.

(b)

Proposed location.

(c)

Description of all activities involved, including, but not limited to, the type of truck, trailer, chassis, or container to be stored, and any items that will be stored within them.

(d)

Duration of proposed activities.

(e)

A site plan accurately drawn to scale depicting vehicular access and queuing, fire lanes, and storage areas. Site plans must comply with all applicable stormwater run-off and NPDES requirements.

(f)

A proposed business plan for the future permanent use and/or otherwise a proposed site plan for the future development of the site shall be concurrently submitted with the request for a temporary truck, trailer, chassis, or container storage use. Concurrent approval of said use or development is not required.

(g)

A security and safety plan for the proposed use.

(h)

A site maintenance and operations plan for ongoing property cleaning, dust mitigation, and litter control.

(i)

Any other documents as may reasonably be required by City staff for a complete understanding of the proposed project.

(2)

Filing Fee. A filing and investigation fee in an amount set by the City Council shall be required with each application submitted.

(3)

Application Processing.

(a)

Upon receipt of an application for a Temporary Storage Permit, City staff shall review the application and inform the applicant as to the completeness of the submittal, of additional materials required, if any, and project issues of concern within 30 days. City stall shall also inform the applicant of the procedures for compliance with this section.

(b)

Once the Temporary Storage Permit application is deemed complete, City staff shall conduct a final review of all materials provided by the applicant.

(4)

Review by Staff.

(a)

In review and consideration of the proposed project, City staff shall consider, among other criteria, the following:

i.

Vehicle traffic and circulation;

ii.

Proximity to sensitive and/or incompatible land uses, such as residential properties, schools, or parks;

iii.

Security and safety measures;

iv.

Dust mitigation measures;

v.

Property maintenance and litter control measures;

vi.

Other requirements set forth within this section; and

vii.

Adherence to local, state, and federal laws.

(5)

Conditions of Approval. In reviewing the application, City staff shall impose such conditions deemed necessary to ensure implementation and compliance with this section.

(6)

Findings. The approval or conditional approval of a Temporary Storage Permit may be granted by the Director of Community Development or designee, only if all of the following finding can be made:

(a)

The operation of the requested temporary use at the location proposed and within the time period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare;

(b)

The subject lot is adequate in size and shape to accommodate the temporary use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot;

(c)

The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the temporary use would or could reasonably be expected to generate;

(d)

Adequate temporary parking to accommodate vehicular traffic to be generated by the temporary use would be available either on-site or at alternate locations acceptable to the Director of Community Development or designee; and

(e)

The temporary use is consistent with all applicable provisions of the General Plan, any applicable specific plan, this Code, and other City regulations.

(7)

Decision.

(a)

The Director of Community Development or designee will provide a written decision of a denial or issuance of a Temporary Storage Permit, including the conditions of approval and required findings, to the applicant by mail.

(b)

The applicant shall sign an affidavit to acknowledge that the applicant is aware of and agrees to all of the requirements and conditions under which the approval of the Temporary Storage Permit is given, and that if any of said requirements or conditions are violated, the approval shall become null and void.

(c)

The approval by the Director of Community Development or designee, is considered final unless it is appealed within 14 days from the date of approval.

(8)

Appeal of Decision.

(a)

An appeal of the decision made by the Director of Community Development, or designee shall be made in writing and filed with the Planning Commission Secretary.

(b)

Said appeal must be received within 14 days from the date of approval.

(c)

The filing of an appeal within the prescribed time period shall have the effect of staying the effective date of the Director of Community Development or designee's decision until such time as the Planning Commission has acted on the appeal.

(d)

Each appeal shall be considered de novo (new) and the Planning Commission may reverse, modify, or affirm the decision in regard to the entire project in whole or in part. In taking its action on the appeal, the Planning Commission shall state the basis for its action. The Planning Commission may approve (in full or in part), conditionally approve (in full or in part), modify or deny (in full or in part), and may modify, delete, or add such conditions as it deems necessary. The Planning Commission may also refer the matter back to the Director of Community Development for further action.

(e)

Any subsequent appeal of the Planning Commission's action shall be subject to Sections 155.865 and 155.866 of this Code.

(D)

Extension of Temporary Storage Permit.

(1)

The holder of a Temporary Storage Permit may file an application with the Community Development Department for an extension of time to continue the use beyond the two-year period. In order to be considered for an extension of time, the permit holder must submit the written request for such extension at least 90 days but no more than 180 days prior to the expiration of the permit.

(2)

The temporary truck, trailer, chassis, or container storage use may be extended for no more than two additional 12-month periods beyond the term of the original approval.

(3)

The application for an extension shall be heard by the Planning Commission. The Planning Commission may grant the extension if it finds:

(a)

That there have been no changes in the conditions or circumstances of the site or operations that would have been grounds for denial of the original permit application; and

(b)

That the permit holder is in compliance with all permit terms and conditions, and all local, state, and federal laws.

(E)

Violation. Violation of any term or condition of the permit, or any local, state, or federal law, is cause for the permit to be revoked pursuant to Section 155.811, et seq. of this Code.

(Ord. No. 1138, § II(Exh. A), 5-21-24)

Premises used for the servicing, repair or maintenance of trucks, truck trailers or truck tractors shall comply with the following requirements:

(A)

No trucks, truck trailers or truck tractors shall be parked or stored on the adjoining public street.

(B)

The portion of the premises used for parking or storage or maneuvering of vehicles shall be surfaced in such a manner as to not produce dust or mud which might be transported to adjoining properties or to adjoining streets.

(C)

The premises shall not be used for the accumulation or storage of dismantled truck trailer or engine parts.

(D)

Where necessary in the opinion of the Director of Planning and Development screening shall be provided for those portions of the premises where vehicles are parked.

('64 Code, § 60.30.2; Am. Ord. 446, passed 12-13-73)

Cross reference— Penalty, see § 10.97

(A)

Premises used for the sale of used vehicles where such operation normally constitutes the storage of five or more vehicles at any one time, shall be improved in accordance with the following requirements of division (B) of this section.

(B)

Where the sale of used vehicles is subordinate and incidental to another use, the requirements of this chapter for said other use shall also apply. The sale of used vehicles in connection with an auto wrecking or salvage use shall be restricted to those vehicles which have not been acquired for dismantling purposes and which are in compliance with the regulations of the Department of Motor Vehicles of the state and any other applicable regulations.

(1)

The lot area for sales, repair, parking or storage of vehicles shall be paved. Said paving shall consist of suitable base material, topped with hard, durable plant mix asphaltic paving at least two inches thick after compaction, or portland cement paving at least three inches thick. The surface shall be graded and drained so as to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from adjoining properties. Such drainage shall not be allowed across the surface of a public sidewalk or driveway unless approval has first been granted from the Director of Public Works.

(2)

Any mechanical repair work or body and fender work shall be conducted within an enclosure.

(3)

Any lights used for illuminating the sales lot shall be directed away from adjoining properties and public streets.

(4)

Parking barriers sufficient to insure that no portion of the vehicles stored on the premises shall extend over the property line shall be erected along the perimeter of the sales area.

(5)

The sales lot shall be maintained in a good state of housekeeping.

(6)

All signs, including pennants, banners, and the like, shall comply with the requirements of this chapter.

('64 Code, § 60.31; Am. Ord. 358, passed 7-10-69)

Cross reference— Penalty, see § 10.97

(A)

Purpose and applicability.

(1)

Purpose. The purpose of this section is to establish a procedure for disabled persons, or their representatives, to request a reasonable accommodation from the city's zoning laws, building codes, and land use regulations, policies, and procedures to provide disabled persons with an opportunity to use and enjoy housing equal to that of non-disabled persons.

(2)

Who may apply. A request for a reasonable accommodation may be made by any disabled person, his or her representative, or a developer or provider of housing for disabled persons, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice acts as a barrier to a disabled person's equal opportunity to use and enjoy housing.

(3)

What can be requested. A request for a reasonable accommodation may include a modification to or exception from the rules, standards, or practices for the siting, development, or use of housing or housing related facilities, in order to allow a disabled person an equal opportunity to use and enjoy housing in accordance with the fair housing laws. Requests for a reasonable accommodation shall be made in the manner prescribed by this section.

(B)

Reviewing authority.

(1)

A request for a reasonable accommodation shall be reviewed by the Director of Planning or the Director's designee, unless it is related to a discretionary land use application for the same site area that requires review by the Planning Commission, in which case the Planning Commission shall be the reviewing authority. The Director of Planning may, in his or her discretion, refer applications to the Planning Commission for consideration.

(2)

Variance not required. Where the improvements or modifications approved through a request for a reasonable accommodation would otherwise require a variance, a variance shall not be required.

(C)

Review procedure.

(1)

Director review. The Director, or designee, shall consider an application and issue a written determination. At least ten calendar days before issuing a written determination on the application, the Director shall mail notice to the applicant and adjacent property owners that the city will be considering the application, advising of the standards for issuing an accommodation, and inviting written comments on the requested accommodation.

(2)

Planning Commission review. The processing procedures for the discretionary land use application before the Planning Commission shall govern the processing of the request for a reasonable accommodation. If the reasonable accommodation is referred to the Planning Commission by the Director and there is no other discretionary application, then the Planning Commission shall hold a public hearing within 45 days after the application is deemed complete and shall issue a written determination within 60 calendar days after such public hearing. Written notice of a hearing to consider the application shall be mailed ten calendar days prior to the meeting to the applicant and adjacent property owners.

(3)

Ability to require additional information. If the reviewing authority believes that additional information is necessary to reach a determination on any request for a reasonable accommodation, then the reviewing authority may request further information from the applicant. The reviewing authority's request shall specify in detail the requested information. In the event a request for further information is made, the applicable time period to issue a written determination shall be stayed until the applicant fully responds to the request for information. If an individual needs assistance in submitting the application for a reasonable accommodation, the city shall provide assistance to ensure that the process is accessible. The applicant and the city may agree at any time to extend the time period(s) set forth in this section.

(D)

Application submittal. Notwithstanding any other requirements of this section, a request for a reasonable accommodation shall be made on a form supplied by the Planning and Development Department and shall include the following information:

(1)

The applicant's or representative's name, mailing address, daytime phone number, and email address, if applicable;

(2)

The address of the property for which the request is being made;

(3)

The specific code section, regulation, procedure, or policy of the city from which relief is sought;

(4)

A site plan or illustrative drawing showing the proposed accommodation, if applicable;

(5)

An explanation of why the specified code section, regulation, procedure, or policy is denying, or will deny a disabled person equal opportunity to use and enjoy the dwelling;

(6)

The basis for the claim that the fair housing laws apply to the applicant and evidence satisfactory to the city supporting the claim, which may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other appropriate evidence;

(7)

A detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling; and

(8)

Any other information required to make the findings required by division (E) of this section consistent with the fair housing laws.

(9)

A reasonable accommodation does not affect or negate an individual's obligation to comply with other applicable regulations that are not the subject of the requested accommodation.

(10)

No application fee shall be required to process an application for a request for a reasonable accommodation pursuant to this section. However, application fees shall be required for any concurrent development application and any other permits that may be required to construct or otherwise implement the reasonable accommodation.

(11)

While a request for a reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

(E)

(1)

Findings and conditions of approval.

(2)

Required findings. The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:

(a)

The dwelling that is the subject of the request for reasonable accommodation will be occupied by a disabled person;

(b)

The requested accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy a dwelling;

(c)

The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the fair housing laws; and

(d)

The requested accommodation will not require a fundamental alteration to the city's zoning or building laws, policies, and/or procedures, as defined in the fair housing laws. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider, among other factors:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2.

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;

3.

Whether the requested accommodation would substantially undermine any express purpose of either the city's General Plan or an applicable specific plan; and

4.

Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation.

(F)

Decision.

(1)

The reviewing authority's written decision shall set forth the findings and any conditions of approval. The decision and notice of the right to appeal shall be mailed to the applicant, and to any person having provided written comment on the application. The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this section or the General Plan, or are appropriate to protect the public health, safety, or welfare. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area. The written decision of the reviewing authority shall be final, unless appealed or ordered for Council review in the manner set forth in § 155.865 of this Code.

(2)

Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall record a covenant in the County Recorder's Office, in a form approved by the City Attorney, acknowledging and agreeing to comply with the terms and conditions of the approved reasonable accommodation. A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the Director of Planning finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.

(G)

Expiration and discontinuance.

(1)

Expiration. Any reasonable accommodation approved in accordance with the terms of this section shall expire within 12 months from the effective date of the approval, or at an alternative time specified in the approval, unless:

(a)

A building permit has been issued and construction has commenced;

(b)

The right granted by the accommodation has been exercised; or

(c)

A time extension has been granted by the Director of Planning.

(2)

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. In addition, if the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation shall remain in effect only if: (i) the Director of Planning determined pursuant to division (F) that the reasonable accommodation shall run with the land, or (ii) another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling now occupies the dwelling. The Director may request that the person seeking to retain the accommodation provide documentation that the occupants are disabled persons and the existing accommodation is necessary for them to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

(H)

Revocation or modification.

(1)

If the Director determines that evidence could be presented to the Planning Commission that may support grounds for revocation or modification of an approved reasonable accommodation, and the director believes that the Planning Commission may find that such evidence is adequate to support revocation or modification of the reasonable accommodation, then the Director may initiate a revocation proceeding before the Planning Commission.

(2)

Upon initiation of a revocation proceeding, the Planning Commission shall hold a public hearing regarding the possible revocation or modification of the reasonable accommodation. Notice of such hearing shall be provided in the same manner as the notice required to be provided in division (C). The Planning Commission, after such hearing, may revoke or modify the reasonable accommodation if the Planning Commission determines that:

(a)

There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation;

(b)

The application, or other information presented to the city in conjunction with the request for a reasonable accommodation, included false information; or

(c)

Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.

(3)

Upon revocation of the reasonable accommodation, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted in order to allow the reasonable accommodation.

(Ord. 1049, passed 12-12-13)

(A)

For purposes of this section, the following definition shall apply:

Housing development shall mean no more than two residential units within a single-family zone that meets the requirements of this section. The two units may consist of two new units or one new unit and one existing unit.

(B)

The city shall ministerially approve a housing development if it meets the following requirements:

(1)

The parcel is located within a single-family residential zone.

(2)

The parcel is not located in any of the following areas and does not fall within any of the following categories:

(a)

A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

(b)

A very high fire hazard severity zone as further defined in Section 65913.4(a)(6)(D) of the Government Code. This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to Section 51179(b) of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

(c)

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(d)

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

(e)

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

(i)

The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the city; or

(ii)

The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the Nation Flood Insurance Program as further spelled out in Section 65913.4(a)(6)(G)(ii) of the Government Code.

(f)

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

(g)

Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan as further spelled out in Section 65913.4(a)(6)(I) of the Government Code.

(h)

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

(i)

Lands under a conservation easement.

(3)

The proposed housing development would not require demolition or alteration of any of the following types of housing:

(a)

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

(b)

Housing that is subject to any form of rent or price control by the city;

(c)

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date of the application; or

(d)

Housing that has been occupied by a tenant in the last three years.

(4)

Demolition of an existing unit shall not exceed more than 25 percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

(C)

Standards and Requirements. The following requirements shall apply in addition to all other objective standards pertaining to the single-family residential zone:

(1)

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

(2)

Except for those circumstances described in subsection C.1 above, the setback for side and rear lot lines shall be a minimum of four feet. The front setback shall be as set forth in the single-family residential zone.

(3)

The applicant shall provide easements for the provision of public services and facilities as required.

(4)

All lots shall have a minimum street frontage of ten feet to provide for vehicular access and shall comply with the driveway requirement of Chapter 155 of this Code.

(5)

A minimum of one off-street parking space per unit and follow the standards in Chapter 155, unless they conflict, in which case state law shall prevail. Notwithstanding the above, no parking requirements shall be imposed in either of the following circumstances:

(a)

The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined by Section 21155(b) of the Public Resources Code or a major transit stop as defined in Section 21064.3 of the Public Resources Code; or

(b)

There is a car share vehicle located within one block of the parcel.

(6)

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant shall provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years, which shows that the system meets acceptable infiltration rates.

(7)

The maximum height of the structures shall be the same as set forth in the single-family zone.

(8)

Maximum lot coverage shall be the same as set forth in the single-family residential zone, so long as it does not prevent the construction of two 800-square-foot units.

(9)

The maximum number of units on a lot pursuant to this section is two plus any ADU and/or JADU that must be allowed under State law. Notwithstanding, if this section is used in conjunction with Section 154.20, Urban Lot Split, the total number of units on the parcel shall be limited to two, including any ADU or JADU.

(10)

Driveway locations are subject to Public Works standards and requirements in place at the time of the application. All driveways shall comply with the driveway development standards set forth in Section 155 of this Code.

(11)

Developments must have an approved route for firefighter access and hose pull to all existing or potential structures within 150 feet of the fire apparatus. All developments shall comply with all fire protection requirements set forth in the California Fire Code and Chapter 93 of this Code.

(12)

Each unit must have dedicated wet (water, sewer, storm drain) and dry (gas and electric) utilities which shall meet the following standards:

(a)

Location and size shall be determined in accordance with city standards.

(b)

Water shall include domestic, irrigation, and fire water systems.

(c)

Property shall be responsible to install new or upsized connections to city facilities in accordance with city standards.

(d)

Unused connections shall be abandoned per city standard.

(13)

Water heaters (including tank less) and laundry facilities (washer and dryer), when installed on the exterior of structure must not be installed on any street facing elevation.

(14)

HVAC units must not be installed on any street facing elevation.

(15)

All developments shall comply with the single-family residential zone landscape provisions of this Code.

(16)

All developments shall comply with the single-family residential zone open space provisions of this Code, to the extent that it does not prevent two primary dwelling units on the subject property of 800 square feet each.

(D)

The city shall not require or deny an application based on any of the following:

(1)

The city shall not impose any objective zoning, subdivision, or design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.

(2)

The city shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(E)

An applicant for a two-unit housing development shall be required to sign an affidavit in a form approved by the City Attorney's office to be recorded against the property stating the following:

(1)

That the uses shall be limited to residential uses.

(2)

That the rental of any unit created pursuant to this section shall be for a minimum of 31 days.

(F)

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(G)

The provisions of this section supersede any contrary provisions in Chapter 155 of this Code to the contrary.

(Ord. 1136, § 1(Exh. A), passed 4-2-24)

The Planning Commission shall have the authority, subject to the procedures set forth in this chapter, to grant variances from any provision of this chapter relating to the use and development of land when it is found that the strict and literal interpretation of such provisions would cause undue difficulties and unnecessary hardships inconsistent with the intent and general purpose of this chapter.

('64 Code, § 70.00)

The sole purpose of a variance shall be to ensure that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. No variance shall be granted which would have the effect of granting a special privilege not shared by other properties in the same vicinity and zone. However, the Planning Commission shall have the authority to grant a variance to permit the exploration for, drilling for and production of oil and gas in accordance with the provisions of this chapter.

('64 Code, § 70.01)

Application for a variance shall be made by the property owner, or his authorized agent, to the Planning Commission on a form provided for that purpose by the city, and shall be accompanied by a filing fee as set by City Council resolution, no part of which is refundable unless the application is withdrawn prior to publication of the notice of the public hearing. In the event of said withdrawal, the Council shall determine the amount of fee to be refunded.

('64 Code, § 70.02; Ord. 716, passed 7-23-87)

An application for a variance shall be accompanied by maps showing the subject property as well as the surrounding area, plot plans of the subject property showing all existing and proposed buildings and uses, a list of names and addresses of all surrounding property owners as set forth in § 155.860 of this chapter, and any other data required by the Director of Planning and Development to adequately present the application to the Commission.

('64 Code, § 70.03; Am. Ord. 501, passed 6-24-75)

The Director of Planning and Development shall set the request for a variance for a public hearing before the Planning Commission in the manner specified in §§ 155.860 through 155.866 of this chapter.

('64 Code, § 70.04; Am. Ord. 501, passed 6-24-75)

Before any variance shall be granted, the Planning Commission shall satisfy itself that the applicant has shown that all of the following conditions apply:

(A)

That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other properties or uses in the same vicinity and zone.

(B)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone district, but which is denied to the property in question.

(C)

That the granting of such variance will not be detrimental to the public welfare or injurious to the property or improvements of others in the vicinity.

(D)

That the granting of such variance will not adversely affect the master plan of the city.

('64 Code, § 70.05)

(A)

The Planning Commission shall have the authority to grant a variance to permit the exploration for, drilling for and production of oil and gas without the required showing by the applicant as set forth in this chapter.

(B)

However, the Commission shall satisfy itself that the following conditions apply:

(1)

That it appears probable that there is oil or gas underneath the property under consideration or under adjacent property which cannot be otherwise reasonably extracted.

(2)

That the granting of the variance will not be materially detrimental to the property of other persons located in the same vicinity, nor be detrimental to the public welfare of the community.

('64 Code, § 70.06)

Within 45 days after completion of the public hearing, the Commission shall take action on a request for a variances unless an extension of time has been agreed to by the applicant. The Commission may grant, conditionally grant or deny a variance based on the evidence submitted and its own study and knowledge of the circumstances.

('64 Code, § 70.07)

The Commission may grant a variance subject to such conditions as the Commission finds are warranted by the circumstances involved. Said conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

('64 Code, § 70.08)

The Planning Commission shall announce its findings by resolution, and said resolution shall contain the facts and reasons which, in the opinion of the Planning Commission, make the granting of the variance necessary to carry out the general purpose of this chapter. The resolution shall set forth those conditions necessary to insure that granting the variance will not adversely affect the surrounding properties nor the general welfare of the community.

('64 Code, § 70.09)

Not later than ten days following the Planning Commission's action in granting or denying the variance, a copy of the resolution shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy. A copy of said resolution shall also be forwarded to the City Council.

('64 Code, § 70.10)

The provisions of § 155.865 of this chapter regarding appeal of the Commission's action and the effective date of approval shall apply.

('64 Code, § 70.11)

Unless otherwise specified in the action granting a variance, said variance which has not been utilized within 12 months of the effective date, shall be null and void. Also the abandonment or nonuse of a variance for a period of 12 consecutive months shall terminate said variance, and any privileges granted thereunder shall become null and void.

('64 Code, § 70.12)

When it is found that a strict or literal interpretation of the property development standards set forth in this chapter would cause undue difficulties and unnecessary hardships inconsistent with the purpose and intent of this chapter, the Planning Commission shall have the authority, in accordance with the procedures of this subchapter, to grant modifications from the requirements of said property development standards.

('64 Code, § 71.00)

The purpose of the modification procedure shall be to insure that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. It shall also be the purpose of the modification procedure to allow under certain circumstances the modification of property development standards in the residential zones in order to allow flexibility in increasing the liveability of dwelling units. It shall also be the purpose of the modification procedure to allow temporary modification of development standards under certain circumstances, where hardships would be created to require immediate compliance. No modification shall be granted which would allow a use not permitted in the zone in which the modification is requested.

('64 Code, § 71.01; Am. Ord. 358, passed 7-10-69)

Application for a modification shall be made to the Planning Commission by the property owner or his authorized agent on a form provided for that purpose by the city, and shall be accompanied by a filing fee as set by City Council resolution, no part of which is refundable.

('64 Code, § 71.02; Ord. 716, passed 7-23-87)

An application for a modification shall be accompanied by plot plans showing the subject property and any other maps or data required by the Director of Planning and Development to adequately present the application to the Commission.

('64 Code, § 71.03; Am. Ord. 501, passed 6-24-75)

(A)

In order to allow flexibility in enlarging and increasing the liveability of dwelling units, the applicant requesting modification of property development standards in the residential zones shall be exempt from the requirements of §§ 155.695 and 155.696.

(B)

Said applicant shall be required to show that the following conditions apply:

(1)

That the modification is needed to allow the property to be utilized in a more beneficial manner.

(2)

That the modification, if granted, would not be detrimental to the public welfare or to the property of others in the area.

('64 Code, § 71.04; Am. Ord. 358, passed 7-10-69)

Before any modification shall be granted, the Planning Commission shall satisfy itself that the applicant has shown that all of the following conditions apply:

(A)

That the granting of the modification would not grant special privileges to the applicant not enjoyed by other property owners in the area.

(B)

That the subject property cannot be used in a reasonable manner under the existing regulations.

(C)

That the hardship involved is due to unusual or unique circumstances.

(D)

That the modifications, if granted, would not be detrimental to other persons or properties in the area nor be detrimental to the community in general.

('64 Code, § 71.04.1; Am. Ord. 358, passed 7-10-69)

In addition to the required showing by the applicant, the Commission shall take into consideration the following factors in making its determination as to whether or not there are practical difficulties or hardships involved:

(A)

That there are particular physical circumstances due to the shape or condition of the property which result in a hardship under the existing regulations, as distinguished from a mere inconvenience.

(B)

That the purpose of the modification is not based exclusively on the financial advantage to the owner.

(C)

That the alleged difficulties were not created by any person presently having an interest in the property.

(D)

That the conditions involved are not generally applicable to most of the surrounding properties.

(E)

That the requested modification would not diminish property values in the neighborhood.

(F)

That the proposed modification will not increase congestion or endanger the public safety.

('64 Code, § 71.05)

In order to alleviate hardship that might be caused due to the requirement of immediate compliance with property development standards, the applicant for temporary modification of development standards shall be exempt from the requirements of §§ 155.694 or 155.695 and 155.696, but shall be required to show that the following conditions apply:

(A)

That there are hardships involved with immediate compliance with certain property development standards.

(B)

That the modification, if granted, would not be detrimental to the public welfare or to the property of others in the area.

('64 Code, § 71.05.1; Am. Ord. 358, passed 7-10-69)

The Commission may grant, conditionally grant or deny a modification based on the evidence submitted and its own study and knowledge of the circumstances.

('64 Code, § 71.06)

The Commission may grant a modification subject to such conditions as the Commission finds are warranted by the circumstances involved. Said conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

('64 Code, § 71.07)

Not later than ten days following the Planning Commission's action in granting or denying the modification, a letter setting forth the Commission's action shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy. A copy of said letter shall also be forwarded to the City Council.

('64 Code, § 71.08)

The provisions of § 155.865 regarding appeal of the Commission's action and the effective date of approval shall apply.

('64 Code, § 71.09)

Unless otherwise specified in the action granting a modification, said modification which has not been utilized within 12 months from the effective date shall be null and void. Also the abandonment or nonuse of a modification for any period of 12 consecutive months shall terminate said modification and any privileges granted thereunder shall become null and void. However, an extension of time may be granted by Commission or Council action.

('64 Code, § 71.10)

The Planning Commission shall have the authority, subject to the procedures set forth in this subchapter, to grant a conditional use permit whenever it finds that the granting of said permit is consistent with the requirements, intent and purpose of this chapter.

('64 Code, § 72.00)

The purpose of the conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations, or only if such uses are designed or constructed in a particular manner on the site, and under certain conditions. A conditional use permit may be granted only for uses listed as conditional uses in the various zones, and for such other uses as are set forth in other provisions of this chapter as requiring said permit.

('64 Code, § 72.01)

Application for a conditional use permit shall be made by the property owner or his authorized agent, to the Planning Commission, on a form provided for that purpose by the city, and shall be accompanied by a filing fee as set by City Council resolution, no part of which is refundable unless the application is withdrawn prior to processing of said application.

('64 Code, § 72.02; Ord. 716, passed 7-23-87)

The filing fee shall be waived for uses which become nonconforming for the first time subsequent to the adoption of this chapter by reason of being listed as conditional uses in the zones in which they are located. When application is made for a conditional use permit in order to continue such uses, the city shall bear all necessary costs for the normal processing of such applications.

('64 Code, § 72.03)

An application for a conditional permit shall be accompanied by accurately drawn maps showing the subject property as well as the surrounding area, plot plans of the subject property showing all existing and proposed buildings and uses and such other data as may be required by the Planning and Development Director to adequately present the application to the Commission.

('64 Code, § 72.04)

The determination on a Conditional Use Permit application shall be heard by the Planning Commission at a public hearing. In addition, the applicant shall furnish a list of names and addresses of surrounding property owners, as set forth in Section 155.860. The Director of Development shall cause proper notice of the hearing to be given in accordance with the provisions of Section 155.862.

('64 Code, § 72.05; Am. Ord. 501, passed 6-24-75; Ord. 716, passed 7-23-87; Ord. No. 1135, § II(Exh. A), 4-2-24)

Before granting a conditional use permit, the Commission shall satisfy itself that the proposed use will not be detrimental to persons or property in the immediate vicinity and will not adversely affect the city in general. The Commission shall give due consideration to the appearance of any proposed structure and may require revised architectural treatment if deemed necessary to preserve the general appearance and welfare of the community.

('64 Code, § 72.06)

The Commission may grant, conditionally grant or deny a conditional use permit based on the evidence submitted and its own study and knowledge of the circumstances.

('64 Code, § 72.07)

The Commission may grant a conditional use permit subject to such conditions as the Commission finds are warranted by the circumstances involved. This may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

('64 Code, § 72.08)

Not later than ten days following the Planning Commission's action in granting or denying the conditional use permit, a letter setting forth the Commission's action shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy. A copy of said letter shall also be sent to the Council.

('64 Code, § 72.09)

The provisions of § 155.865 regarding appeal of the Commission's action and the effective date of approval shall apply.

('64 Code, § 72.10)

Unless otherwise specified in the action granting a conditional use permit, said conditional use permit which has not been utilized within 12 months from the effective date shall become null and void. Also the abandonment or nonuse of a conditional use permit for a period of 12 consecutive months shall terminate said conditional use permit and any privileges granted thereunder shall become null and void. However, an extension of time may be granted by Commission or Council action.

('64 Code, § 72.11)

Where a conditional use permit and development plan approval are required concurrently for a use, development proposal, project, and the like, the conditional use permit may be granted as a part of the development plan approval.

('64 Code, § 72.12; Am. Ord. 700, passed 9-11-86; Ord. 706, passed 12-24-86)

(A)

Conditional use permits for all businesses conducting amusement, entertainment or burlesque activities, as defined in § 155.003, dance halls or pavilions, or nightclubs, shall require approval by the City Council, after consideration by the Planning Commission. In the event of approval by the Planning Commission, the application will go before the City Council in compliance with the timing and procedural requirements of the appeal process which applies if invoked by the applicant. The decision of the City Council shall be final.

(B)

Notwithstanding any other provisions of this code, adult businesses, as defined in § 125.02 shall not be required to obtain a conditional use permit pursuant to this section. Such businesses shall proceed under the licensing requirements of Chapter 125.

(C)

Any person seeking a conditional use permit pursuant to division (A) of this section shall, as part of his application, provide the following information:

(1)

The name and address of the applicant.

(2)

The name and address of the owner of the premises where such business is to be conducted.

(3)

If the proposed permittee is a corporation, the names and addresses of the principal corporate officers and the date and state of incorporation.

(4)

A description of the type or nature of the business or commercial enterprise to be conducted at or upon the premises.

(5)

A statement of what foods and alcoholic beverages will be sold or distributed on the premises.

(6)

The days and hours during which such business is to be conducted.

(7)

A statement as to whether the conduct or performance of amusement or entertainment is to be restricted to a stage, platform or other fixed location upon the premises, together with an accompanying sketch of the premises clearly designating the entertainment or amusement area.

(8)

A statement of the type of entertainment or amusement proposed to be conducted, and the number of performers or entertainers to be engaged in such activity.

(9)

A statement as to whether any such entertainers or performers are to be employed by the applicant in any other capacity in or upon the premises, with full details and identifications.

(10)

A description of the clothing or costuming to be worn, particularly specifying in detail the costuming of any nude, seminude or revealingly dressed performers.

(11)

A statement as to whether minors will be permitted upon the premises during such entertainment.

(12)

Such other data as the City Manager may reasonably require in the interest of public health, safety or welfare.

(13)

A statement certifying, on penalty of perjury, the correctness of the information given on the application and agreeing on behalf of the proposed permittee that there shall be full compliance of the permittee with all state and city laws in the conduct of the activities for which a permit may be granted.

(D)

Any person obtaining a conditional use permit pursuant to division (A) shall, within ten days after the occurrence, notify the City Manager in writing of any changes in the information submitted to the City Manager in the last application for permit filed with him and not previously reported to him.

(E)

The city shall conduct a background investigation of any person seeking a conditional use permit pursuant to division (A), to determine whether such person, in his personal conduct or in the conduct of businesses at the subject premises or other locations, has demonstrated an unwillingness or inability to comply with applicable laws or regulations.

(F)

In addition to any other grounds for denial of an application for a conditional use permit contained in this subchapter or in other applicable law, the Planning Commission and City Council shall deny an application made pursuant to division (A) if it is found that, based on the investigation conducted pursuant to division (E), there is substantial doubt regarding the applicant's likelihood of complying with such conditions as may be imposed in a conditional use permit.

('64 Code, §§ 72.13—72.17; Ord. 793, passed 5-23-91; Am. Ord. 801, passed 10-3-91; Am. Ord. 979, passed 12-14-06; Am. Ord. 978, passed 1-11-07)

(A)

A conditional use permit for any of the business activities set forth in § 155.153(II) shall be approved only upon acquisition of an operator permit under Chapter 115 of this code.

(B)

A conditional use permit for any of the business activities set forth in § 155.153(II) shall require approval by the City Council, after consideration by the Planning Commission. In the event of approval by the Planning Commission, the application will go before the City Council in compliance with the timing and procedural requirements of the appeal process which applies if invoked by the applicant. The decision of the City Council shall be final.

(C)

Any person obtaining a conditional use permit pursuant to division (B) shall, within ten days after the occurrence, notify the Director of Police Services under the permit process set forth in Chapter 115 of this code. Failure to do so is grounds for revocation of the conditional use permit.

(D)

The city shall conduct a background investigation of any person(s) seeking a conditional use permit pursuant to division (B), to determine whether such person(s), in his personal conduct or in the conduct of businesses at the subject premises or other locations, has demonstrated an unwillingness or inability to comply with applicable laws or regulations.

(E)

In addition to any other grounds for denial of an application for a conditional use permit contained in this subchapter or in other applicable law, the Planning Commission and City Council shall deny an application made pursuant to division (B) if it is found that, based on the investigation conducted pursuant to division (D), there is substantial doubt regarding the applicant's likelihood of complying with such conditions as may be imposed in a conditional use permit.

('64 Code, §§ 72.18—72.22; Am. Ord. 846, passed 11-22-94)

The Planning Commission shall have the authority, subject to the procedures set forth in this subchapter, to grant development plan approval when it has been found that said approval is consistent with the requirements, intent and purpose of this chapter.

('64 Code, § 73.00)

The purpose of the development plan approval is to assure compliance with the provisions of this chapter and to give proper attention to the siting of new structures or additions or alterations to existing structures, particularly in regard to unsightly and undesirable appearance, which would have an adverse effect on surrounding properties and the community in general.

('64 Code, § 73.01)

Application for development plan approval shall be made by the property owner or his authorized agent on a form provided for that purpose by the city. Application for development plan approval may be made simultaneously with application for change of zone, variance, conditional use permit, modification or other request for Commission approval.

('64 Code, § 73.02)

An application for development plan approval shall be accompanied by accurately drawn maps showing the subject property as well as the surrounding area, plot plans of the subject property showing all existing and proposed buildings and uses, architectural drawings and elevations, and any other data required by the Director of Planning and Development to adequately present the application to the Commission.

('64 Code, § 73.03; Am. Ord. 501, passed 6-24-75)

In studying any application for development plan approval, the Commission shall give consideration to the following:

(A)

That the proposed development is in conformance with the overall objectives of this chapter.

(B)

That the architectural design of the proposed structures is such that it will enhance the general appearance of the area and be in harmony with the intent of this chapter.

(C)

That the proposed structures be considered on the basis of their suitability for their intended purpose and on the appropriate use of materials and on the principles of proportion and harmony of the various elements of the buildings or structures.

(D)

That consideration be given to landscaping, fencing and other elements of the proposed development to ensure that the entire development is in harmony with the objectives of this chapter.

(E)

That it is not the intent of this subchapter to require any particular style or type of architecture other than that necessary to harmonize with the general area.

(F)

That it is not the intent of this subchapter to interfere with architectural design except to the extent necessary to achieve the overall objectives of this chapter.

(G)

As a means of encouraging residential development projects to incorporate units affordable to extremely low income households and consistent with the city's housing element, the city will waive Planning Department entitlement fees for projects with a minimum of ten percent extremely low income units. For purposes of this section, extremely low income households are households whose income does not exceed the extremely low-income limits applicable to Los Angeles County, as published and periodically updated by the state's Department of Housing and Community Development pursuant Cal. Health and Safety Code § 50106.

('64 Code, § 73.04; Am. Ord. 1085, passed 2-23-17)

If the Planning Commission desires, it may request the advice and consultation of a committee of qualified architects in studying any request for development plan approval. In the event such consultation is desired, a committee of three architects shall be selected with the aid and assistance of local chapters of the American Institute of Architects. The advice and recommendations provided by said committee of architects shall be informal and need not be binding upon the Commission's action.

('64 Code, § 73.05)

The Commission may grant, conditionally grant or deny approval of a proposed development plan based on the evidence submitted and upon its own study and knowledge of the circumstances involved, or it may require the submission of a revised development plan.

('64 Code, § 73.06)

The Commission may grant approval of a development plan subject to such conditions as the Commission deems are warranted by the circumstances involved. These conditions may include the dedication and development of streets adjoining the property and other improvements. In granting any development plan approval that would permit a metal building or storage tank of metal construction to be located on any parcel of land, the Commission shall impose conditions requiring all metal buildings on the parcel to be located and/or designed in such a manner as to be completely concealed from view from public rights-of-way, and further requiring all storage tanks of metal construction on the parcel to be located and/or designed in such a manner as to be concealed from view from public rights-of-way. All conditions of development plan approval shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy; and shall restrict and limit the construction, location, use and maintenance of all land and structures within the development.

('64 Code, § 73.07; Ord. 822, passed 3-11-93)

Not later than ten days following the Planning Commission's action in granting or denying the development plan approval, a letter setting forth the Commission's action shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy. A copy of said letter shall also be forwarded to the City Council.

('64 Code, § 73.08)

The provisions of § 155.865 regarding appeal of the Commission's action and the effective date of approval shall apply.

('64 Code, § 73.09)

Unless otherwise specified in the action granting development plan approval, said approval which has not been utilized within a period of 12 consecutive months from the effective date shall become null and void. Also, the abandonment or nonuse of a development plate approval for a period of 12 consecutive months shall terminate said development plan approval and any privileges granted thereunder shall become null and void. However, an extension of time may be granted by Commission or Council action.

('64 Code, § 73.10)

Minor modification in approved development plans may be permitted upon approval by the Director of Planning and Development if the modification will not result in change in the uses or the character of the development, increase in coverage or density, increase in amount of traffic generated, increase in parking or loading requirements, or reduction in the number of off-street parking or loading spaces; and provided, that said modification shall be consistent with the purpose and intent of the original approval.

('64 Code, § 73.11; Am. Ord. 501, passed 6-24-75)

Wherever a conditional use permit and development plan approval are required concurrently for a use, development proposal, project, and the like, development plan approval may be granted as a part of the conditional use permit approval.

('64 Code, § 73.12; Am. Ord. 700, passed 9-11-86)

The Planning Commission shall have the authority, subject to the procedures set forth herein, to permit the relocation of buildings whenever it finds said relocation meets the requirements and general intent of this chapter. However, in the case of residential structures proposed to be relocated onto property in the residential zones of the city, in addition to Planning Commission approval, City Council approval shall also be required.

('64 Code, § 74.00; Am. Ord. 501, passed 6-24-75)

The purpose of the relocation of buildings procedure is to provide adequate safeguards to insure that buildings moved from one location to another will not have an adverse effect on their new location, and that they will harmonize and fit into the existing and future development of the area.

('64 Code, § 74.01; Am. Ord. 501, passed 6-24-75)

No building or structure shall be removed whether transported as a unit, or in sections, or completed dismantled, from one lot or premises to another, or for a distance exceeding 20 feet within a single lot or premises in an agricultural, residential or public facility zone, or for a distance exceeding 50 feet within a single lot or premises in any other zone, unless a valid permit for said relocation has first been approved.

('64 Code, § 74.02; Am. Ord. 501, passed 6-24-75)

Application for relocation of a structure shall be made by the property owner or his authorized agent, on a form prescribed for this purpose by the city and shall be accompanied by a filing fee as set by City Council resolution. In the event a public hearing before the Planning Commission is required, an additional filing fee as set by City Council resolution shall be required. In the event public hearings are required before both the Planning Commission and the City Council, an additional filing fee as set by City Council resolution shall be required. No part of the filing fee is refundable. In the case of involuntary moving within a single lot or premises caused by the action of a governmental agency, the filing fee shall be waived.

('64 Code, § 74.03; Am. Ord. 501, passed 6-24-75; Ord. 716, passed 7-23-87)

An application for relocation of a building shall be accompanied by accurately drawn plot plans showing all existing and proposed buildings, structures and uses, photographs of the structure to be relocated and such other data as may be required by the Director of Planning and Development to adequately present the application. If any changes are proposed that would affect the exterior appearance of the building, i.e., new roof lines, eaves, and the like, detailed elevations shall be provided, drawn accurately to scale, showing the changes proposed. In addition, if the lot to which the structure is to be relocated has a difference in grade of more than five feet, a contour map shall also be submitted.

('64 Code, § 74.04; Am. Ord. 501, passed 6-24-75)

A public hearing by the Planning Commission and by the City Council shall be required in all cases involving the relocation of residential structures into the residential zones. In all other relocations, no public hearing need be held except in those cases where the Planning Commission deems that a hearing is necessary in the public interest. All public hearings shall be held in accordance with the provisions of §§ 155.860 through 155.866 of this chapter.

('64 Code, § 74.05; Am. Ord. 501, passed 6-24-75)

Where a public hearing is required the applicant shall furnish a list of names and addresses of surrounding property owners in accordance with the provisions of § 155.860.

('64 Code, § 74.06; Am. Ord. 501, passed 6-24-75)

Before granting approval of a proposed relocation, the Commission shall determine that all of the following conditions are satisfied:

(A)

That in the case of a residential structure, the building has been examined in detail in its present location and an appropriate report on the building made available to the Commission.

(B)

That any residential structure proposed to be moved into a residential zone shall be not more than ten years old, and shall be in exceedingly good condition.

(C)

That the structure is of a type and quality at least as good or better than those in the surrounding area of the proposed site for a distance of at least 700 feet. If there is vacant property in said surrounding area, or if the surrounding area is in transition, the Commission shall take into consideration the type of structures and uses that will be located there in the future.

(D)

That the proposed relocation will not conflict with any of the property development standards of this chapter.

(E)

That the structure proposed to be relocated shall be completely free of pest infestation and that a qualified pest exterminating firm shall have so certified.

(F)

That a reasonable time limit is imposed on the applicant for completion of the relocation in accordance with any conditions of approval which may imposed and all applicable codes and ordinances of the city.

(G)

That the proposed relocation will be in no way detrimental to persons or properties or to the environment of the area.

(H)

That the proposed moving operation will not harm or damage existing streets, street trees and other public and/or private property.

(I)

That the proposed moving operation will not cause unreasonable traffic hazards or disruptions.

(J)

That the proposed moving operation will not unreasonably disturb the peace and quiet of the area into which the building is proposed to be moved.

(K)

That the proposed relocation will not adversely affect or interfere with any proposed streets or other improvements in the area, nor be in conflict with the general plan of the city.

(L)

That the proposed relocation will not result in the violation of any law, ordinance or regulation.

('64 Code, § 74.07; Am. Ord. 501, passed 6-24-75)

The Commission may approve, conditionally approve, or deny a request for relocation, based on the evidence submitted and its own study and knowledge of the circumstances involved. In the case of a residential structure proposed to be relocated into a residential zone, approval or conditional approval shall require the affirmative vote of not less than four members of the Commission, and the Commission's action to approve shall be forwarded as a recommendation to the City Council.

('64 Code, § 74.08; Am. Ord. 501, passed 6-24-75)

The Commission may approve a proposed relocation subject to such conditions as the Commission may deem warranted by the circumstances involved, and the need to insure orderly, harmonious development. Said conditions may include the dedication and development of streets adjoining the property and other improvements. All conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of certificates of occupancy, and shall restrict and limit the construction, location, use and maintenance of all land and structures on the subject property.

('64 Code, § 74.09; Am. Ord. 501, passed 6-24-75)

Not later than ten days following the Planning Commission action in granting or denying permission to relocate a building or other structure, a letter setting forth the Commission's action shall be mailed to the applicant at the address shown on the application form and to any other person requesting a copy.

('64 Code, § 74.10; Am. Ord. 501, passed 6-24-75)

In the event that the Commission votes to deny a proposed relocation, or in the event that a motion for approval of a request to relocate a residential structure into a residential zone fails to carry by the affirmative vote of four or more members, said action shall be final unless an appeal is filed. Any interested party shall have the right to appeal, and the appeal shall be made in accordance with procedures set forth in §§ 155.865 and 155.866 of this chapter.

('64 Code, § 74.11; Am. Ord. 501, passed 6-24-75)

Upon receipt of a copy of the Planning Commission recommendation for approval or conditional approval of a request for the relocation of a residential building into a residential zone, the Council shall set the matter for public hearing and give notice of the proposed hearing in the same manner as that required to be given by the Planning Commission. In considering any request for a relocation the Council shall satisfy itself that the criteria set forth in this subchapter for Commission consideration on such request are satisfied. The Council may add to or alter any conditions of approval recommended by the Planning Commission. The decision of the City Council shall be final.

('64 Code, § 74.12; Am. Ord. 501, passed 6-24-75)

Unless otherwise specified in the action to permit a structure to be relocated, the applicant's right to exercise such permission shall become null and void six months from the effective date of such action. However, an extension of time may be granted by Commission or Council action.

('64 Code, § 74.13; Am. Ord. 501, passed 6-24-75)

Prior to the issuance of an occupancy permit, relocated buildings or structures shall be brought up to the standards of the Building Code and shall be painted and reconditioned and brought into compliance with all of the conditions of approval in the Planning Commission's action.

('64 Code, § 74.14; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

If the site from which the structure is moved is within the city, said site shall be cleaned up and put in a neat and orderly condition prior to the issuance of the occupancy permit for the relocated structure.

('64 Code, § 74.15; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

Before a building permit may be issued, the applicant or his authorized agent shall post a cash deposit or bond satisfactory to the city and sufficient to cover the cost of the required improvements and to bring the building up to the standards of the Building Code. Said deposit or bond shall also be sufficient to cover the cost of all matters involving the city, such as inspections, engineering, street and other improvements and restoration of the vacated site, if within the city.

('64 Code, § 74.16; Am. Ord. 501, passed 6-24-75)

The applicant or his authorized agent shall also obtain a permit from the city to move the structure over city streets. The application for said permit shall be accompanied by a cash deposit or bond sufficient to cover the cost of repair of any possible damages to streets, sidewalks and other city facilities. The amount of said deposit or bond shall be established by the Director of Public Works.

('64 Code, § 74.17; Am. Ord. 501, passed 6-24-75)

Cross reference— Penalty, see § 10.97

The Planning Commission shall have the authority, subject to the procedures set forth in this subchapter, to require that any land use within the city be operated and maintained in conformance with the performance standards set forth in this chapter.

('64 Code, § 75.00)

The purpose of the performance standards procedures is to ensure that an objective, unbiased determination is made in those cases where there may be substantial doubt as to whether an individual land use or group of land uses comply with the performance standards of this chapter, and to formulate practical ways for the alleviation of such noncompliance.

('64 Code, § 75.01)

Subsequent to a study and report from the Department of Planning and Development, the Commission may determine that there are reasonable grounds to believe that an existing use or proposed use may violate the performance standards set forth in this chapter, and may initiate an investigation.

('64 Code, § 75.02; Am. Ord. 501, passed 6-24-75)

(A)

Following the initiation of an investigation, the Planning Commission may require the owner or operator of any use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:

(1)

Plans of the existing or proposed construction and development.

(2)

A description of the existing or proposed machinery, processes and products.

(3)

Specifications for the mechanisms and techniques used or proposed to be used in restricting the possible emission of any of the dangerous and objectionable elements as set forth in this chapter.

(4)

Measurements of the amount or rate of emission of said dangerous and objectionable elements.

(B)

Failure to submit data required by the Planning Commission shall constitute grounds for revoking the certificate of occupancy for any use of land.

('64 Code, § 75.03)

The Commission may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards and to advise how an existing or proposed use can be brought into compliance with the performance standards. Such consultants shall be fully qualified to give the required information and shall be a person or firm mutually agreeable to the Commission and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the City Council shall select the consultant. The cost of the consultant's services shall be borne by the owner or operator of said use.

('64 Code, § 75.04)

Within 30 days following the receipt of the required evidence, or receipt of the reports of expert consultants, the Commission shall make a determination as to compliance or noncompliance with the performance standards. If the Commission determines the existing or proposed use is in compliance, it shall authorize the issuance of any permits which may have been withheld pending said determination.

('64 Code, § 75.05)

The Commission may require modifications or alterations in the existing or proposed construction or the operational procedures to ensure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the Commission for the purpose of securing compliance with the performance standards.

('64 Code, § 75.06)

If, after the conclusion of the time granted for compliance with the performance standards, the Commission finds the violation still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied.

('64 Code, § 75.07)

The Commission's action with respect to the performance standards procedures may be appealed to the City Council in accordance with the procedures set forth in § 155.866. In the absence of such appeal, the Commission's determination shall be final.

('64 Code, § 75.08)

Any variance, modification, permit or approval granted by the Planning Commission may be revoked by the Commission, and any such approval granted by the City Council may be revoked by the Council.

('64 Code, § 76.00)

Any variance, modification, permit or other approval may be revoked and nullified if it is found that any one of the following conditions apply:

(A)

That the approval was obtained by fraud or faulty information.

(B)

That the permit or variance has been or is being exercised contrary to the terms or conditions of approval, or is in violation of any statute, ordinance, law or regulation.

(C)

That the use is being exercised in such a way as to be detrimental to the public health or safety or in such a manner as to constitute a nuisance.

(D)

That the use for which approval was granted has ceased to exist or has been suspended for one year or more.

('64 Code, § 76.01)

The Planning Commission or Council shall hold a hearing on the matter of a proposed revocation. If it is considered desirable and in the public interest, notice of the hearing shall be sent to surrounding property owners and other interested persons.

('64 Code, § 76.02)

(A)

If the Commission or Council intends to revoke any permit or approval granted by said Commission or Council, written notice of the time and place of the hearing shall be sent by registered mail to the owner or operator of the premises involved at least ten days prior to said hearing.

(B)

Notice in Section (A) shall be mailed at least 20 days prior to the Planning Commission public hearing when the permit or approval can only be revoked by zoning ordinance.

('64 Code, § 76.03; Ord. 1159, passed 5-20-25)

In the same manner as provided in this subchapter for revocation of any variance, permit or approval, the Commission or Council shall have the authority to modify any variance, permit or other approval, if it finds that any of the conditions set forth as grounds for revocation shall apply.

('64 Code, § 76.04)

Whenever the public necessity, convenience, general welfare or good zoning practices justifies such action, this chapter may be amended by changing the boundaries of zone districts (hereafter referred to as zone changes or changes of zone), or by amending any provision of the ordinance. Zone changes or amendments may be initiated by the City Council or by the Planning Commission or by an application of the owner of any property within the area proposed to be changed.

('64 Code, § 80.00)

Application for a change of zone shall be made on a form provided by the city and shall be accompanied by a filing fee as set by City Council resolution, to help defray the cost of processing the application. No part of this fee is refundable unless the application is withdrawn prior to publication of the notice of the public hearing. In the event of said withdrawal, the Council shall determine the amount to be refunded.

('64 Code, § 80.01; Ord. 716, passed 7-23-87)

An application for a change of zone shall be accompanied by maps showing the subject property as well as the surrounding area, a list of names of addresses of surrounding property owners as set forth in § 155.860, and any other data required by the Director of Planning and Development to adequately present the application to the Commission.

('64 Code, § 80.02; Am. Ord. 501, passed 6-24-75)

The Director of Planning and Development shall set the request for a zone change for a public hearing before the Planning Commission in accordance with the provisions of §§ 155.860 through 155.866 of this chapter. No provision of this chapter shall be construed as requiring public hearings for amendments to any portion of this chapter other than for changes to the official zoning maps or such other matters as are required to be subject to public hearings by Cal. Gov't Code Title VII. Except as otherwise provided in this subchapter, any amendment to this chapter may be initiated and adopted as other city ordinances are initiated and adopted.

('64 Code, § 80.03; Am. Ord. 501, passed 6-24-75)

In considering any request for a change of zone, the Commission shall satisfy itself that the following conditions prevail before recommending that the change be granted: