Santee City Zoning Code
CHAPTER 13
06 PERMITS
§ 13.06.010 Purposes and General Plan consistency.
This chapter contains the procedures and regulatory provisions necessary to administer this code in order to provide for land use consistency with the General Plan, regulate uses which have the potential to adversely affect surrounding properties, promote a visually attractive community, and provide flexibility in standards and requirements when special circumstances exist.
(Ord. 566 § 3, 2019)
§ 13.06.020 Permit applications-Complete.
Any application for a permit or entitlement pursuant to this code, must be accepted as complete for processing by the Director in order to initiate the official review process. All required materials, information and fees as required by the Director shall be provided by the applicant before the application is complete for processing.
(Ord. 566 § 3, 2019)
§ 13.06.030 Conditional use permits and minor conditional use permits.
A.
Purpose and Intent. The purpose of these regulations is to create flexibility necessary to achieve the objectives of the zoning ordinance and General Plan. Selected uses in each district are allowed only subject to the granting of a conditional use permit or a minor conditional use permit, because of their unique site development requirements and operating characteristics, which require special consideration in order to operate in a manner compatible with surrounding uses. The conditional use permit and minor conditional use permit processes are intended to afford an opportunity for broad public review and evaluation of these requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the zoning ordinance.
B.
Authority. The Planning Commission is authorized to grant conditional use permits and the Director is authorized to grant minor conditional use permits to achieve these purposes as prescribed in accordance with the procedures in this section and impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for setbacks, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping, erosion control measures, and other improvements; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; requirements for periodic review by the Planning Commission for conditional use permits, or the Director for minor conditional use permits, and such other conditions as the Planning Commission or the Director, as appropriate may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Commission or the Director, as appropriate to make the findings required by subsection E of this section.
C.
Application. An application for a conditional use permit or minor conditional use permit shall be filed with the department in a manner prescribed by the Director.
D.
Public Hearing. The Planning Commission shall hold a public hearing on each application for a conditional use permit and the Director shall hold a public hearing on each application for a minor conditional use permit, unless the Director determines that review of the minor conditional use permit by the Planning Commission is warranted. The hearings shall be set and notice given as prescribed in Section 13.04.100.
E.
Findings. Before approving a conditional use permit or minor conditional use permit, the Planning Commission or the Director, as appropriate, shall make certain findings that the circumstances prescribed below do apply. If the conditional use permit is for the purpose of permitting an expansion or restoration of a nonconforming use or structure, then only the findings in Section 13.04.110(G) must be made.
1.
That the proposed use is in accord with the General Plan, the objectives of the zoning ordinance, and the purposes of the district in which the site is located.
2.
That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
3.
That the proposed use complies with each of the applicable provisions of the zoning ordinance.
4.
Regarding all properties designated as general commercial, neighborhood commercial or office professional: Development and redevelopment shall be comprehensively designed, entitled and developed whenever it is determined by the City that the permitting of incremental construction and uses may significantly inhibit or otherwise be detrimental to fulfilling the economic and development potential of the site. Any development review permit, conditional use permit or minor conditional use permit which is not consistent with this policy shall be denied.
F.
Preexisting Conditional Use Permits.
1.
A use legally established prior to the effective date of the ordinance codified in this code or prior to the effective date of subsequent amendments to the regulations or district boundaries which did not previously receive a conditional use permit or minor conditional use permit shall be deemed a preexisting conditional use. Such uses may continue in accordance with Section 13.04.110, and provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any.
2.
Alteration, expansion, or reconstruction of a building housing a preexisting conditional use shall comply with Section 13.04.110 regulating nonconforming uses, until such time that a conditional use permit or minor conditional use permit is granted as provided in this section.
G.
Revisions or Modifications. Revisions or modifications to conditional use permits or minor conditional use permits can be requested by the applicant. Further, the Planning Commission may periodically review, modify or revoke a conditional use permit and the Director may periodically review, modify or revoke a minor conditional use permit.
1.
Revisions or Modifications by Applicant. A revision or modification to an approved conditional use permit or minor conditional use permit such as, but not limited to, change in conditions of approval, expansions, intensification, location, hours of operation, may be requested by an applicant. Such request shall be processed as described in subsections C through E of this section unless, in the Director's opinion, the request could be processed as a minor revision pursuant to Section 13.04.060. The applicant shall supply necessary information as determined by the City, to indicate reasons for the requested change.
2.
Review by Planning Commission or Director. The Planning Commission may periodically review any conditional use permit and the Director may periodically review any minor conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Commission or the Director deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.
3.
Modification or Revocation by the Planning Commission or the Director.
a.
After setting a date for public hearing as described in subsection D of this section, the Director shall notify the applicant and owners of the conditional use permit or minor conditional use permit in question. Such notice shall be sent by certified mail and shall state that the Planning Commission will review the conditional use permits for possible modification or revocation, or the Director will review minor conditional use permits for possible modification or revocation. It shall also state the date, time and place of hearing.
The public hearing shall be conducted and notice given in accordance with Section 13.04.100.
b.
Upon conclusion of the public hearing, the Planning Commission or the Director, as appropriate, shall render a decision to do one of the following measures:
i.
Find that the conditional use permit or minor conditional use permit is being conducted in an appropriate manner and that no action to modify or revoke is necessary; or
ii.
Find that the conditional use permit or minor conditional use permit is not being conducted in an appropriate manner and that modifications to conditions are necessary; or
iii.
Find that the conditional use permit or minor conditional use permit is not being conducted in an appropriate manner and that modifications are not available to mitigate the impacts and therefore revoke the permit which requires the operation to cease and desist in the time allotted by the Planning Commission or the Director.
c.
If the Planning Commission or the Director either modifies or revokes a conditional use permit, or minor conditional use permit, then the reasons for such action shall be stated within the resolution.
(Ord. 566 § 3, 2019)
§ 13.06.040 Variances.
A.
Purpose and Intent. The purpose of this section is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same district, consistent with the objectives of the development code. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
B.
Authority.
1.
The Director is authorized to grant variances to achieve these purposes as prescribed in accordance with the procedure in this section, with respect to development standards such as, but not limited to, fences, walls, hedges, screening, and landscaping; site area, width, and depth; set-backs; lot coverage; height of structures; usable open space; performance standards; and on-street and off-street parking and loading facilities and impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for setbacks, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures and other improvements, requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the Director; and such other conditions as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Director to make the findings required by subsection E of this section.
2.
The power to grant variances does not extend to use regulations. Flexibility to the use regulations is provided pursuant to Sections 13.06.030 and 13.04.040.
3.
Variances may be granted in conjunction with conditional use permits and development review permits subject to subsection E of this section. Such variances do not require a separate application or a separate public hearing.
C.
Application. An application for a variance shall be filed with the Department in a form prescribed by the Director.
D.
Public Hearing. The Director shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in Section 13.04.100.
E.
Findings.
1.
Before granting a variance, the Director shall make the following findings that the circumstances prescribed below do apply:
a.
That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the General Plan and intent of this code;
b.
That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zoning district;
c.
That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zoning district;
d.
That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2.
Parking. The Director may grant a variance in order that some or all of the required parking spaces be located off-site, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met:
a.
The variance will be an incentive to, and a benefit for, the nonresidential development;
b.
The variance will facilitate access to nonresidential development by patrons of public transit facilities, particularly guideway facilities.
(Ord. 566 § 3, 2019)
§ 13.06.050 Minor exception.
A.
Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the development code, selected site development regulations and applicable off-street parking requirements are subject to administrative review and adjustment in those circumstances where such adjustment will be compatible with adjoining uses or necessary to provide reasonable accommodation for persons with disabilities, and consistent with State or Federal law, and consistent with the goals and objectives of the General Plan and the intent of the code.
B.
Authority. To achieve these purposes, the Director is authorized to grant a minor exception for the following reasons in accordance with the procedures in this section and to impose reasonable conditions. Conditions may include, but shall not be limited to, requirements for setbacks, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures and other improvements; regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; establishment of development schedules or time limits for performance or completion; requirements for periodical review by the Director; and such other conditions as the Director may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Director to make the findings required by subsection E of this section.
1.
Fence Height. In any district the maximum height of any fence, wall, hedge or equivalent screening may be increased by a maximum two feet, where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar circumstances.
2.
Setbacks. In any residential district, the Director may decrease the minimum setback by not more than 25% where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites.
3.
Lot Coverage. In any residential district, the Director may increase the maximum lot coverage by not more than 10% of the lot area, where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites.
4.
Off-Site Parking. The Director may authorize a maximum 25% of the required parking for a use to be located on a site not more than 300 feet from the site of the use for which such parking is required, where in the Director's judgment off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. The Director may require conditions as deemed necessary to ensure utility, availability, and maintenance of such joint use of off-site facilities.
5.
On-Site Parking.
a.
The Director may authorize a maximum 25% reduction in the required on-site parking requirements when it is proven that it will not result in a traffic hazard or impact the necessary parking for the use.
b.
The Director may approve pre-existing, reduced sized garage parking areas in single-family zones when the following conditions are met:
i.
A 20-foot wide by 20-foot long driveway is provided entirely on private property;
ii.
The driveway requirement in subdivision (5)(b)(i) is similar to other homes in the area; and
iii.
Sufficient on-street parking is available in the neighborhood.
c.
The Director may authorize a maximum of two and one-half feet parking stall overhang into the required front and/or street yard landscape setback areas only to provide the minimum driveway width required by the Fire Department.
d.
The Director may authorize the use of reduced size parking spaces for required parking on sites that are limited by size, street access, or topography.
6.
Height. In any district the Director may authorize a 10% increase in the maximum height limitation. Such increases may be approved where necessary to significantly improve the site plan or architectural design, and where scenic views or solar access on surrounding properties are not affected.
7.
Paved Surfaces. In any residential district, the Director may increase the maximum paving available for parking and access in a required front yard area by not more than 25%, when it is proven that access to the rear yard cannot be provided, or that the parking of vehicles within the permitted regulations is not feasible due to the unique physical characteristics of the property (natural or constructed), and that the location of the parking area will not present a conflict with necessary sight distance required for vehicles and/or pedestrians, either within the public right-of-way or on private property.
C.
Application. An application for a minor exception shall be filed with the Department, in a form prescribed by the Director. No minor exception application fee shall be collected for reasonable accommodation requests filed pursuant to this section.
D.
Notification. The Director shall notify the applicant and contiguous property owners by mail 10 days prior to the Director's decision. Said notice shall state the following:
1.
Requested action;
2.
Location of requested action by address and assessor's parcel number;
3.
Name and address of applicant;
4.
Date after which a decision will be made on application;
5.
Name of the Director and telephone number of City Hall.
E.
Findings. The Director shall make the following findings when approving an application for a minor exception:
1.
That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the General Plan and intent of the development code.
2.
That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district.
3.
That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district.
4.
That the granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district, and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
(Ord. 566 § 3, 2019)
§ 13.06.055 Reasonable accommodation-Residential accessibility.
A.
Purpose and Intent. It is the policy of the City of Santee, pursuant to the Federal Fair Housing Act, the Federal Fair Housing Amendments Act of 1988, and the California Fair Employment and Housing Act, to provide people with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing. The purpose of these provisions is to provide a process for making requests for reasonable accommodation to land use and zoning decisions.
B.
Authority. The Director is authorized to grant a reasonable accommodation request in accordance with the procedures in this section in order to make specific housing available to individuals with disabilities.
C.
Application. Any individual with a disability or person acting on their behalf may submit a request in writing to the Department for reasonable accommodation in the rules, policies, practices, and procedures regulating the siting, funding, development or use of housing. A reasonable accommodation request may include, but is not limited to yard area encroachments for ramps, handrails, or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways that would not otherwise comply with required landscaping or open space area provisions; and building addition(s) required strictly for accessibility accommodation. If an applicant needs assistance in making the request or any appeals associated with the request, the Department shall provide reasonable assistance necessary to ensure the process is accessible to the applicant. No application fee shall be collected for reasonable accommodation requests filed pursuant to this section.
D.
Review Process. When a request for reasonable accommodation is filed with the Department it is referred to the Director for review and consideration. If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with the Federal Fair Housing Amendments Act of 1988, specifying in detail what information is required. Not more than 30 days after receiving a written request for reasonable accommodation, the Director shall issue a written determination on the request. In the event that the Director requests further information pursuant to the paragraph above, this 30-day period shall be suspended. Once the applicant provides a complete response to the request, a new 30-day period shall begin.
E.
Findings. The Director shall consider the following criteria when determining whether a requested accommodation is reasonable:
1.
The applicant making the request for reasonable accommodation is an individual protected under the Federal Fair Housing Amendments Act of 1988.
2.
The accommodation is necessary to make a specific dwelling unit(s) available to an individual protected under the Federal Fair Housing Amendments Act of 1988.
3.
The requested accommodation would not impose an undue financial or administrative burden on the City.
4.
The requested accommodation would not require a fundamental alteration in the nature of a program, policy, and/or procedure.
F.
Written Determination. The Director's written determination on the request for reasonable accommodation shall explain in detail the basis of the determination, including the findings on the criteria set forth subsection E. All written determinations shall give notice of the right to appeal as set forth in subsection G, and shall state whether removal of the improvements will be required if the need for which the accommodation was granted no longer exists and removal would not constitute an unreasonable financial burden.
G.
Appeals.
1.
Within 30 days of the date of the Director's written decision, an applicant may appeal an adverse decision to the City Council. Appeals from the adverse decision shall be made in writing.
2.
If an individual needs assistance in filing an appeal on an adverse decision, the City will provide assistance to ensure that the appeals process is accessible.
3.
All appeals shall contain a statement of the grounds for the appeal. Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.
4.
Nothing in this procedure shall preclude an aggrieved individual from seeking any other State or Federal remedy available.
(Ord. 566 § 3, 2019; Ord. 611 § 2, 2023)
§ 13.06.060 Home occupations.
A.
Purpose and Intent. A home occupation is allowed as an accessory use in a residential neighborhood (residential-business district excepted) when it is a clearly incidental and secondary use of the site and is compatible with the surrounding neighborhood.
B.
Authority. The Director is authorized to approve, impose reasonable conditions upon such approval, or deny such requests.
C.
Allowed Home Occupations. Subject to the requirements of this section, the following are authorized home occupations:
1.
Office use for professional services that involve the use of a computer, telephone, and other electronic equipment;
2.
Music lessons, art lessons, academic tutoring, and similar uses as determined by the Director with limited clientele visits;
3.
Hairdresser services with limited clientele visits;
4.
On-line sales for art and craft work and similar uses as determined by the Director;
5.
Cottage food operations and microenterprise home kitchen operation as authorized by the California Retail Food Code and subject to conditions established by the County of San Diego Department of Environmental Health;
6.
Other uses may be permitted by the Director if the intensity of the activity is not detrimental to the surrounding neighborhood.
D.
Prohibited Home Occupations.
1.
Automotive repair and/or engine rebuilding;
2.
Upholstering;
3.
Machine or welding shop;
4.
Other similar commercial uses that are not compatible with residential uses as determined by the Director of Development Services.
E.
Mandatory Conditions for Operation of Home Occupations. Home occupations may be permitted on property used for residential purposes based on the following conditions:
1.
No persons, other than residents of the dwelling unit, shall be engaged in such activity.
2.
There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity, nor shall it cause an undue amount of vehicular traffic or parking within the neighborhood.
3.
There shall be no sales of products on the premises, except produce (fruit or vegetables) grown on the subject property.
4.
Home occupations shall not host customers on the premises more frequently than one customer within a two-hour time period.
5.
The home occupation operation shall be consistent with the permitted residential use, and shall not:
a.
Create any conditions that are detrimental to the residential neighborhood such as significantly increased traffic; or
b.
Cause increased noise, dust, lighting, odor, smoke, fumes, vibration, electrical, radio or television disturbances or violate any applicable ordinances or laws; or
c.
Cause a change in the building code occupancy in the structure where it is located. Examples of uses that do not qualify as home occupation include automotive repair and/or engine rebuilding, upholstering, machine or welding shop or similar uses that are not compatible with residential uses. The activities conducted and equipment, material or hazardous materials used shall be identified on the business license application and shall not change the fire safety or residential occupancy classifications of the premises; or
d.
Involve the use of special equipment, cabinetry, fixtures, plumbing, or electrical wiring not ordinarily or customarily used in a dwelling.
6.
No home occupation shall be conducted in an accessory building. Normal use of the garage may be permitted if such use does not obstruct required parking.
7.
The use shall not involve outdoor storage of materials or supplies or storage of materials in an accessory building.
8.
No signs shall be displayed in conjunction with the home occupation.
9.
A home occupation is not valid until a current City business license is obtained.
10.
The use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed a capacity of one and one-half tons owned by the operator of such home occupation.
11.
If an applicant is not the owner of the property where a home occupation is to be conducted, then a signed statement from the owner approving such use of the dwelling must be submitted with the application.
12.
The home occupation shall comply with the noise regulations in Chapter 5.04.
13.
The home occupation shall comply with the best management practices outlined in Chapter 9.06.
(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021)
§ 13.06.070 Temporary uses.
A.
Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment.
B.
Authority.
1.
The Director is authorized to approve, conditionally approve with reasonable conditions or to deny such request. The Director may establish conditions and limitations including, but not limited to, hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize detrimental effects on surrounding properties.
2.
The Director also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the City in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.
C.
Temporary Uses—Allowed. The following temporary uses shall be exempt from the permit requirements of this section, with the exception of any temporary use to be located on City property. The uses listed in this section, however, require compliance with the criteria contained in subsection D of this section.
1.
Parking lot and sidewalk sales on private property for outdoor display of merchandise accessory to a current on-site business located within a commercial or industrial zoned property, are limited to 15 days per calendar year. Such temporary uses are subject to additional regulations in Section 13.12.030(G);
2.
Outdoor art and craft shows or sales subject to not more than 15 days of operation or exhibition in any 90-day period;
3.
Seasonal retail sale of agricultural products raised on the premises, limited to periods of 90 days in a calendar year. A minimum of 10 off-street parking spaces shall be provided;
4.
Patriotic, historic, or similar displays or exhibits subject to not more than 30 days in a calendar year;
5.
Holiday display sales, that include pumpkins, Thanksgiving-related items, Christmas trees, deco-rations and other related accessory items, limited to no more than 90 days of operation, commencing October 15th of any given year and ending no later than January 15th of the following year;
6.
Trade fairs limited to not more than 15 days of operation or exhibition in any 90-day period;
7.
Charitable special events subject to not more than 15 days of operation in any 90-day period;
8.
Recreational vehicles for use by guests or visitors of residents of the City are allowed subject to the conditions below. Recreational vehicles shall have the same meaning as defined in Section 13.04.140 of this title, except that boats and boat trailers are excluded:
a.
The use shall not be permitted for more than 30 calendar days in any calendar year, and
b.
The recreational vehicle must be parked outside the public right-of-way on a paved surface pursuant to Section 13.10.060(B)(1) of this title on property owned or leased by the host and on which there is located a permanent single-family dwelling unit occupied by the host, and
c.
The location of the recreational vehicle shall not conflict with Fire Department access requirements, and
d.
Water, sewer, and/or gas hook-ups except as otherwise permitted by Section 10.10.275 of this code, are not permitted. The recreational vehicle must be self-contained or water and sanitary facilities must be available within 200 feet of the vehicle, and
e.
Temporary electrical service is permitted for the duration of the permit;
9.
Pony rides, not more than 15 days in any 90-day period;
10.
A vending vehicle may operate as an ancillary use on an active construction site or on a lot developed with a brewery, bar, tavern, nightclub, or stand-alone liquor store. The vending vehicle shall operate as a catering or take-out only service and only operate while the primary use located on the same site is open for business. At all times, the vending vehicle shall remain operable and have a clear path of egress from the property. The vending vehicle shall not be permanently affixed to the property and no structures may be permanently affixed to the vending vehicle or permanently affixed to the property for use by the vending vehicle. A temporary use permit shall be required for two or more vending vehicles located on the same site at the same time and shall be subject to conditions prescribed by the Director;
11.
Additional uses determined to be similar to the foregoing, by the Director;
12.
All temporary uses shall implement minimum best management practices as outlined in Chapter 9.06.
D.
Performance Standards. The temporary uses allowed pursuant to this section shall comply with the following standards:
1.
All lighting shall be directed away from and shielded from adjacent residential areas. An electrical permit shall be obtained if required pursuant to the building code;
2.
Adequate parking shall be provided and the use shall not obstruct the use of any required driveway;
3.
The use shall not obstruct any public sidewalk or otherwise be located within the public right-of-way unless an encroachment permit is obtained from the Department;
4.
The use shall comply with any applicable requirement of the Fire Department;
5.
The use shall not adversely affect traffic circulation on surrounding public streets.
6.
The use shall end by midnight.
E.
Temporary Uses—Permit Required. An application for a temporary use permit shall be required for the following activities and shall be subject to conditions established by this section and any other additional conditions as may be prescribed by the Director.
1.
Circuses, carnivals, rodeos, or similar traveling amusement enterprises subject to the following guidelines and conditions:
a.
All such uses shall be limited to not more than 15 days, or more than three weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit as prescribed in Section 13.06.030;
b.
All such activities shall have a minimum setback of 100 feet from any residential area. This may be waived by the Director if in his or her opinion no adverse impacts would result;
c.
Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the Director;
d.
Restrooms shall be provided;
e.
Security personnel shall be provided;
f.
Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided;
g.
Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the Director;
h.
Comply with stormwater pollution prevention policies and best management practices;
i.
Implement any other conditions the Director deems necessary to ensure compatibility with the surrounding uses and to preserve the public health, safety and welfare.
2.
Model Homes. Model homes may be used for the purpose of showcasing products and or temporarily as offices solely for the sale of homes within a recorded tract subject to the following conditions:
a.
The applicant shall submit to the Planning and Building Department a submittal that includes the following:
i.
Applicant's name and description of the proposed temporary use.
ii.
Phasing plan showing the location of temporary screening between active construction phases.
iii.
Site plan to scale that shows the interim conditions including but not limited to temporary parking, fencing, accessible facilities including path of travel, restrooms, location of sales office, emergency access including turnaround location with dimensions, permanent improvements to be completed prior to temporary use and meets and incorporates the requirements further described below.
b.
Prior to final occupancy of a unit used for model purposes, a certificate of occupancy will be issued only after the unit has been converted back to its intended permanent use and written approval has been received from the Fire, Planning and Building, and Engineering departments authorizing a final certificate of occupancy subject to the Building Official's approval;
c.
Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the Director in one-year increments up to a maximum of four years or until 90% of the development is sold, whichever is less;
d.
A cash deposit, letter of credit, or any security determined satisfactory to the City shall be submitted to the City, in an amount to be set by Council resolution, to ensure the restoration or removal of the structure;
e.
The sales office is to be used only for transactions involving the sale, rent or lease of lots and/or structures within the tract in which the sales office is located, or contiguous tracts;
f.
Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspections activity on the project site, and enforcement action to ensure restoration of the structure;
g.
Street improvements and temporary off-street parking at a rate of two spaces per model shall be completed to the satisfaction of the City Engineer and Director of Engineering prior to commencement of sales activities or the display of model homes;
h.
All fences proposed in conjunction with the model homes and sales office shall be located outside the public right-of-way;
i.
Flags, pennants, or other on-site advertising shall be regulated pursuant to the sign regulations of the municipal code;
j.
Use of signs shall require submission of a sign permit application for review and approval by the Department prior to installation;
k.
Each major subdivision proposing a model home complex consisting of two or more models shall provide a four square foot sign in the front yard of one or more of the models indicating that the model provides a water saving landscape and irrigation design pursuant to current City codes. A drawing or drawings shall be displayed in the model, or models, which shows the landscaping design and includes a key identifying the common name of the plants used in the design. It is encouraged that additional literature describing water conserving landscaping and irrigation be made available to prospective buyers or referenced in the interior display.
l.
The sales office may be located in a garage, trailer or dwelling.
3.
Travel trailers, recreational vehicles, or manufactured homes shall be permitted on active construction sites for use as either temporary living quarters for security personnel, or as a temporary residence of the subject property owner. Recreational vehicle shall have the same meaning as defined in Section 13.04.140 of this title, except that boats and boat trailers are excluded. The following conditions shall apply:
a.
The Director may approve the temporary use for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted, provided that the building permit for the first permanent dwelling or structure on the same site has also been extended; and
b.
Prior to placement of the travel trailer, manufactured home or recreational vehicle on the site, any required permits from the City building division shall be obtained; and
c.
Any travel trailer or recreational vehicle used pursuant to this section, shall have a valid California Vehicle license; and
d.
Any manufactured home used pursuant to this section shall meet the requirements of the State Health and Safety Code and show evidence of approval by the State Department of Housing and Community Development; and
e.
Any permit issued pursuant to subdivision 3 of this subsection in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. The invalid use is then subject to the permits and regulations stated within Section 13.10.030(E).
4.
Temporary outdoor storage is permitted in the industrial zones for industrial uses and storage and wholesale trades as identified in Table 13.14.030A, subsections A and B, subject to the following guidelines and conditions:
a.
No temporary storage shall encroach into essential parking or on required accessible parking stalls for persons with disabilities. "Essential parking" will be an amount equal to 1.1 times the number of employees on the site. For businesses which operate in shifts or have seasonal changes in the number of employees, the number of employees on the largest shift or the highest number of employees at any time during the previous year shall be used to compute the essential parking. All employment figures must be verifiable to the satisfaction of the Director. For showroom or retail uses, essential parking will also include additional spaces provided at the rate of one space for each 250 square feet of showroom or retail floor area. Fractions of parking spaces shall be rounded up to the next whole parking space;
b.
The stored materials shall be limited to those items normally associated with the principal use on the site. The provisions of this section shall not be construed as allowing a use by right which is conditionally permitted or prohibited by Table 13.14.030A subsections A through H, Use Regulations, nor shall it apply to those uses which are legal nonconforming in nature;
c.
The permit may be issued for a maximum period of one year. The applicant shall notify the Director of any change to the characteristics of operation or use, tenant or occupancy that occur prior to any permit renewal;
d.
Prior to establishment of the temporary outdoor storage the property owner shall record a covenant which discloses the conditions of the temporary use permit to future property owners. The form and content of the covenant is to be approved by the Director prior to recordation. A copy of the recorded document must be submitted to the City prior to establishment of use;
e.
No storage may be located in a front or corner side yard frontage area and shall be located in the area on the site which is least visible from the public right-of-way, as determined by the Director;
f.
All outdoor storage areas shall be designed to prevent both storm water run on and run off;
g.
Fencing must be view obscuring and cannot exceed eight feet in height from grade and would be subject to the following standards:
i.
Fences must be constructed of coated chain-link with slats, solid wood fences with panels facing outward, wood with stucco, block, brick or painted metal panels. Design of fencing would be subject to the approval of the Director,
ii.
If a fence is located on a property line, or the storage is visible from a common property line, and the adjacent land use is other than residential, the applicant must obtain written approval from the adjoining property owner to erect a chain-link fence. In the absence of an agreement only a solid fence of a type described in subparagraph (i) of this subdivision may be installed facing the adjoining property,
iii.
If the adjoining use is residential, a solid decorative block wall will be required on the common property line,
iv.
Fencing shall comply with the requirements of the Uniform Building Code;
h.
No outdoor storage may exceed the height of the fence;
i.
In accordance with Section 13.14.030(G)(1), no work may take place in the outdoor storage area;
j.
No permit may be issued to a property for a one-year period if upon application for renewal it is found that within the previous temporary use permit period a notice of violation(s) was issued for a violation(s) of the temporary use permit;
k.
Storage may not encroach into required driveways, setbacks or landscaped areas, or impede overall vehicular or pedestrian site circulation. Gates must be rolling unless otherwise approved by the Director and shall be equipped with a Knox-type security device to allow for emergency vehicle access at all times;
l.
Upon expiration or termination of the permit, the property owner is required to remove all temporary fencing, unless constructed of solid wood with stucco, decorative block or brick. Any damaged landscaping or site improvements must be repaired or replaced within 30 days of the date of expiration or termination of the temporary use permit.
5.
Sea cargo containers may be allowed temporarily on active construction sites, unless otherwise approved by the Director, subject to the following:
a.
Sea cargo containers may only be used to temporarily store building materials or merchandise for the duration of the construction project pursuant to an active building permit.
b.
Upon expiration, termination, or completion of the building permit and/or temporary use permit, the sea container and screening material must be removed.
6.
Mobile storage units or prefabricated structures, trailers, manufactured homes or recreational vehicles for temporary office use are allowed on private property, unless otherwise approved by the Director, subject to the following:
a.
The temporary use is allowed for a maximum of 90 days in any calendar year. If exceptional circumstances exist, additional time may be granted by the Director;
b.
Adequate parking shall be provided and the structure shall not obstruct any required driveway or be located within a required landscape area;
c.
The structure shall not be visually prominent when viewed from the public right-of-way;
d.
The structure shall comply with applicable fire and building codes.
7.
Additional uses determined to be similar to the foregoing by the Director.
(Ord. 566 § 3, 2019; Ord. 591 § 2, 2021; Ord. 611 § 2, 2023; Ord. 615, 6/26/2024)
§ 13.06.080 Development within the floodplain or floodway.
All development or establishment of uses within the floodplain or floodway are subject to the flood damage prevention ordinance of the City.
(Ord. 566 § 3, 2019)
§ 13.06.090 Historical landmarks.
Any application to the City for a permit which will result in the alteration, relocation or demolition of an historical landmark shall be subject to the provisions of Chapter 11.48 of this code.
(Ord. 566 § 3, 2019)
§ 13.06.100 Small residential rooftop solar energy systems.
A.
Applicability and Purpose. This section applies to the permitting of all small residential rooftop solar energy systems in the City.
1.
"Small residential rooftop solar energy system" means a solar energy system which meets all of the following:
a.
Is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal;
b.
Conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City, and all State and City health and safety standards;
c.
Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;
d.
Is installed on a single- or duplex-family dwelling; and
e.
The panel or module array does not exceed the maximum legal building height as defined by the City.
2.
Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this section are not subject to the requirements of this section unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting.
3.
Routine operation and maintenance or like-kind replacements shall not require a permit.
4.
The purpose of this section is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of small residential rooftop solar energy systems by removing unreasonable barriers, minimizing costs to property owners and the City, and expanding the ability of property owners to install small rooftop solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety.
B.
Requirements for Expedited Review. To qualify for expedited review, a small residential rooftop solar energy system must meet the following requirements:
1.
A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the local, State and Federal health and safety laws and regulations.
2.
Solar energy systems for heating water in single family residence and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.
3.
A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
C.
Application for Expedited Review. To obtain expedited review for a small residential rooftop solar energy system, an applicant must submit the application and supporting documentation required by the City's Eligibility Checklist. The "Eligibility Checklist" is the submittal checklist adopted by the Director of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review pursuant to this section.
1.
The application and supporting documentation required by the Eligibility Checklist may be submitted electronically, meaning through email, the internet, or facsimile. An electronic signature may be used in lieu of a wet signature.
D.
Issuance of Permit. An application that City staff determines satisfies the Eligibility Checklist, including complete supporting documents, shall be deemed complete. After City staff deems an application complete, City staff shall review the application to determine whether the application meets local, State, and Federal health and safety requirements.
1.
If an application is complete and meets local, State and Federal health and safety laws and regulations, the City will issue a nondiscretionary permit.
2.
If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.
E.
Inspections. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required. The inspection shall be performed by the Building Division, and may include a consolidated inspection with the Fire Department. The inspection shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.
(Ord. 566 § 3, 2019)
