A.    Intent. It is the intent of this chapter to provide special design guidelines, standards, and development regulations to regulate the time, place, and manner of the operation of adult-oriented businesses in order to minimize the negative secondary effects associated with these businesses including, but not limited to, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses, including religious facilities, parks, playgrounds, schools, and residentially zoned districts or uses. The Council finds that it has been demonstrated in various communities that the concentration of adult-oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described above can cause other businesses and residents to move elsewhere.

B.    Purpose. It is, therefore, the purpose of this chapter to:

1.    Establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while allowing the location of adult-oriented businesses in certain areas; and

2.    Regulate adult-oriented businesses in order to promote the health, safety, and general welfare of the citizens of the City.

C.    Restriction on content and access not intended. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult-oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to adult-oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.

Definitions of the technical terms and phrases used in this chapter are in Municipal Code Chapter 5.08 (Adult Businesses).

A.    CH (Heavy Commercial). Subject to the limitations set forth in this chapter, adult-oriented businesses may be established in the CH (Heavy Commercial) zone.

B.    Specified distance separation requirements. Notwithstanding the above, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zoning districts as set forth below. No adult-oriented business shall be established or located:

1.    Within a 300-foot radius from any existing residential zoning district or use. The distance between a proposed adult-oriented business use and a residential zoning district or use shall be measured from the nearest exterior walls of the facilities housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line included within a residential zoning district or property in current residential use, along a straight line extended between the two points.

2.    Within 500 feet of any other adult-oriented business as defined in this chapter which is located either inside or outside the jurisdiction of the City of Seaside. The distance between the two adult-oriented business uses shall be measured between the nearest exterior walls of the facilities housing the adult-oriented business use and proposed adult-oriented business use along a straight line extended between the two uses.

3.    Within 500 feet from any existing park, playground, religious facility, or school use or property zoned Open Space (OSR or OSC) or Public/Institutional (PI). The distance between a proposed adult-oriented business use and park, playground, religious facility, or school use or property zoned Open Space (OSR or OSC) or Public/Institutional (PI), shall be measured from the nearest exterior wall of the facility housing the adult-oriented business use or proposed adult-oriented business use to the nearest property line where the park, playground, religious facility, or school use is located, or property zoned Open Space (OSR or OSC) or Public/Institutional (PI) along a straight line extended between the two points.

C.    Separation requirements also apply to specified uses or districts outside of the City. The above distance limitations shall also apply to residential districts or uses and parks, playgrounds, schools, and religious facility uses or property so designated in the General Plan Land Use Element of an adjacent jurisdiction.

An adult-oriented business shall comply with all applicable permit requirements, operating standards, and other applicable requirements of Municipal Code Chapter 5.08.

A.    Purpose. This chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards) within individual or multiple zoning districts, and for activities that require special standards to ensure their compatibility with site features, and existing uses and structures in the site vicinity.

B.    Applicability. The land uses and activities covered by this chapter shall comply with the requirements of each section applicable to the specific use, in addition to all other applicable provisions of this Zoning Ordinance.

1.    Where allowed. The uses that are subject to the standards in this chapter shall be located only where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

2.    Planning Permit requirements. The uses that are subject to the standards in this chapter are allowed only when authorized by the planning permit required by Article 2, except where a Planning Permit requirement is established by this chapter for a specific use.

3.    Development standards. The standards for specific uses in this chapter supplement and are required in addition to those in Articles 2 (Zones, Permitted Land Uses, and Zoning Standards), and 3 (Site Planning, Design, and Operational Standards).

a.    The applicability of the standards in this chapter to the specific land uses listed is determined by Chapter 17.10 (Development and Land Use Approval Requirements).

b.    In the event of any conflict between the requirements of this chapter and those of Articles 2 or 3, the requirements of this chapter shall control.

A.    Applicability. Animal keeping shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Permitted animals. Within a residential zone, a domestic animal that is normally maintained within a household as a pet, including cats, dogs, parrots, pigeons, rabbits, and hens, and any other animals deemed by the Zoning Administrator, upon the advice of the Animal Control Officer, to be appropriate as domestic pets, shall be permitted to be kept.

C.    Prohibited animals. Hoofed animals, roosters, geese, and peacocks, and animals and birds maintained for commercial purposes are prohibited in a residential zone.

D.    Number of animals. No more than four permitted animals shall be kept on a site in a residential zone.

E.    Beekeeping standards. Refer to Municipal Code Section 6.04.165 for beekeeping nuisance regulations.

1.    No more than three beehives may be maintained on any site.

2.    Beehives shall not be considered structures or accessory structures.

3.    Beehives shall be kept in sound usable condition at all times.

4.    Beehives shall be placed in a location on the subject property such that beekeeping activities do not adversely impact neighboring properties. (Ord. 1057 § 3, 2019)

A.    Applicability. All auto restoration and sale, collectible cars uses shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Standards for operations involving restoration and sale of collectible cars.

1.    The entire operation must be conducted within a structure.

2.    Structures containing restoration/sales operations must be of permanent construction.

3.    Collectible cars, other than those owned by the operator, may be sold on the premises.

4.    Only completely restored cars may be made available for sale from the premises.

5.    Outdoor display or storage of vehicle may occur.

6.    All existing structures proposed for restoration/sales operations shall be subject to the CA (Automotive Regional Commercial) Design Guidelines and review and approval by the Board of Architectural Review.

7.    Any restriction on the number of automobiles allowed on each premises shall be at the discretion of the Planning Commission when a Use Permit is required.

A.    Applicability. A bed and breakfast inn shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Development standards.

1.    Minimum site area. A B&B shall be allowed only on a site of 7,000 square feet or larger.

2.    Number of guest bedrooms. A B&B shall provide a maximum of two guest bedrooms. The Commission may approve additional rooms, if a unique or historically significant structure is involved and would be lost without additional consideration. In this circumstance, the Commission shall consider the merits of the individual proposal and make appropriate findings and conditions to support the deviation from this section. This consideration shall not constitute a Variance when a unique or historically significant structure is involved. In all other circumstances, Variances are to be discouraged.

3.    Bathrooms. One guest bathroom shall be provided for one or two guest rooms. Each bathroom shall be retrofitted in compliance with Municipal Code Chapter 13.18 (Residential and Commercial Water Conservation Measures).

4.    Parking. A B&B shall provide one off-street parking space for each guest room in addition to two covered spaces for the primary dwelling.

5.    Signs. A B&B is allowed no signs. Street address numbers shall be visible from the street and be between two and one-half inches and four inches in height. See Chapter 17.40 for additional sign standards.

C.    Operating requirements. The owner and operator of the B&B shall comply with all of the following requirements:

1.    Maximum stay by guests should not exceed 14 days in any 30-day period.

2.    A fire escape map, approved by the Fire Marshal, shall be posted in each guest room and common use area.

3.    Each room shall have operating smoke alarms and fire extinguishers, including those used exclusively by the principal occupant and common use guest areas.

4.    The B&B shall be subject to the City transient occupancy tax.

5.    The applicant shall comply with the California Uniform Retail Food Facilities Law (CURFFL).

6.    Guests may not arrive by motor home or other large vehicle.

7.    The applicant shall obtain a City Business License prior to operating.

8.    No cooking and no cooking facilities shall be permitted in a guest room.

9.    The B&B shall be listed in at least one trade publication.

10.    House rules shall be posted permanently in each guest room.

D.    Inspections. Prior to opening, the B&B shall be inspected by the following persons or their representatives:

1.    Health Officer;

2.    Building Official;

3.    Fire Marshal; and

4.    Crime Prevention Officer.

E.    Periodic review. The Commission may review the B&B Use Permit at the following intervals:

1.    Semi-annually after the granting of the Use Permit;

2.    Upon transfer of ownership; or

3.    Upon receipt of substantial complaints.

A.    Applicability. Daycare facilities shall comply with the standards of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). These standards apply in addition to the other provisions of this Zoning Ordinance and requirements imposed by the California Department of Social Services (DSS). DSS licensing is required for all facilities.

B.    Definitions. Definitions of the daycare facilities regulated by this section are in Article 7 (Glossary).

C.    Standards for large family daycare homes. A large family daycare home shall comply with all building ordinances, local rules or regulations as apply to all residences within the same zoning designation in which the childcare is provided, as well as all applicable state laws and Social Services Department licensing requirements.

1.    Family daycare homes shall not exceed the standards of the City’s Noise Ordinance.

D.    Standards for child daycare centers. Child daycare centers shall require approval of a Minor Use Permit (Section 17.62.070) and a Business License. A Minor Use Permit for a child daycare center shall only be approved if it complies with the following standards:

1.    Location requirements. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no daycare center shall be located within 500 feet of an existing RS (Low Density Single-Family) zoning district.

2.    Parking and loading.

a.    Off-street parking for a child daycare center shall be a minimum of one space per employee on the largest shift, plus one space for each 10 children authorized by the state license. An exception to these off-street parking requirements may be granted if the facility complies with the following criteria:

(1)    The exception shall be granted only for uses in an existing building, and shall not be granted for any expansion of gross leasable floor area or new construction;

(2)    Off-street parking shall be provided on the site in the maximum amount feasible;

(3)    The exception shall only be granted in a situation where the City Engineer has determined that the exception will not result in potentially unsafe conditions for vehicles or pedestrians;

(4)    Each Minor Use Permit that grants an off-street parking exception shall be reviewed annually, and if it is found that the use of on-street parking spaces by the facility is creating a nuisance, the City may initiate proceedings to revoke the Minor Use Permit.

b.    Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed on site in the driveway or in an approved parking area.

3.    Noise. Potential noise sources shall be identified during the Use Permit process, and noise attenuation and sound dampening shall be addressed.

(Ord. 2006 § 1(A) (Exh. A), 2021)

A.    Applicability. Indoor commercial recreation facilities shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Limitation on location. A commercial recreation facility – indoor shall be located only on a major thoroughfare, as identified in the General Plan, or within a shopping center.

C.    Operating requirements.

1.    Hours of operation.

a.    No establishment that is located within 1,000 feet of a public or private school of elementary or high school grade may be made available for minors’ use during the academic school year between the hours of 7:00 a.m. and 3:30 p.m. except during school holidays and on Saturday and Sunday, nor between the hours of 10:00 p.m. and 7:00 a.m. on all days preceding school days and between midnight and 7:00 a.m. on all other days.

b.    The business shall be open to business no later than 10:00 p.m. on all days preceding school days and not later than midnight on all other days.

2.    Noise. The operation of the business and consequent activities shall not cause the outdoor noise level to exceed 65 decibels measured directly outside of the establishment.

3.    Security. The center manager shall provide the surveillance necessary to prevent the creation of an unfavorable environment.

4.    Restrictions on minors. No person under the age of 18 shall be permitted in the establishment during the hours when regular school is in session unless the minor is accompanied by a parent, guardian, or other adult having the care and custody of such minor.

D.    Permit expiration, reissuance, and required findings. A Use Permit for an indoor commercial recreation business shall be valid for a maximum of one year. The Use Permit may be reissued annually by the Commission after the Commission has reviewed the operation of the business and has made the following findings:

1.    Each Use Permit condition of approval has been met within the required time;

2.    There have been no violations of the Municipal Code; and

3.    The business has caused no significant adverse effect on surrounding business(es) and/or residential neighborhoods or on the community as a whole;

E.    Permit revocation. The Use Permit may be revoked any time when the conditions of approval or the provisions of this Zoning Ordinance have not been met.

F.    Compliance with other laws. This section shall not include or apply to any act that is made a public offense by the California Penal Code, or by any other law of the state of California, or of the United States government; nor shall this section authorize or permit or be construed as authorizing or permitting the keeping, maintaining, possessing, using, or operating in the City of any contrivance or device otherwise prohibited by law.

A.    Applicability. Condominium conversions and common interest subdivisions shall comply with the standards of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Design standards. A condominium conversion and/or common interest subdivision shall comply with the standards for multi-family projects in Section 17.52.180 (Multi-Family Projects).

C.    Condominium conversion process. A Tentative Map application for a condominium conversion shall be filed concurrently with a request for Use Permit approval by the Commission.

1.    Initial review. The Commission shall determine whether the conversion will likely result in:

a.    The preservation of a reasonable balance of rental and homeowner-occupied housing opportunities within the City;

b.    The maintenance of a reasonable supply of housing for low-income and moderate-income households; and

c.    Conformity with both the General Plan and standards of the applicable residential zone. In order to invite public comment, the City shall post a notice in each subject building at least 15 days in advance of the Commission’s scheduling of an advertised public hearing.

If the Commission does not make the above findings, the City shall not approve a Tentative Map for the conversion.

2.    Supplemental submittal requirements. If, after holding a public hearing, the Commission finds that the proposed conversion will not adversely affect and is consistent with Subsections 17.52.180.A through CC (Multi-Family Projects), it shall advise the applicant to file, at their expense, all of the following:

a.    A condominium conversion report prepared by a licensed architect, or structural, mechanical or electrical engineer, describing the condition and remaining useful life of foundations, roofs and the mechanical, electrical, structural, and plumbing elements of all buildings and structures proposed for conversion;

b.    A building inspection report prepared by the Building Department describing the physical conditions of each building, and listing any code violations that may be detrimental to the health, safety, and general welfare of the owners or the occupants of the buildings and structures proposed for conversion;

c.    A structural pest report, which has been prepared by a licensed pest control operator describing any pest-related damage and listing all improvements necessary to correct such damage, if any; and

d.    A Tentative Map prepared in compliance with the Subdivision Ordinance and the Map Act.

D.    Applicant responsibilities to tenants. Upon approval of the Tentative Map by the Commission and the Council, a form statement shall be distributed to each tenant in the buildings proposed to be converted that the intention to convert individual dwelling units from rental to homeowner occupancy is not an eviction notice, nor shall it impair any existing tenant’s rights as afforded by a valid lease agreement. The applicant shall also comply with each of the following requirements:

1.    The applicant shall furnish each tenant with the information required by Government Code Section 66427.1.

2.    The applicant shall offer each existing tenant renting dwelling space under a valid lease agreement the first opportunity to purchase their unit.

a.    The applicant shall provide each tenant with a fact sheet stating the proposed purchase price of each dwelling unit in the building, proposed down payment requirements, available financing information, and estimated monthly maintenance fees.

b.    The fact sheet shall also be provided to prospective purchasers and the City. In addition, each prospective purchaser shall be given a copy of the condominium conversion report previously filed with the Commission.

3.    If a tenant household living in the building under a valid lease agreement chooses not to exercise their right to purchase, the applicant shall provide, at least 90 days prior to conversion, relocation assistance of not less than $1,000 to the tenant household. The Commission shall be provided written evidence of compliance with this requirement prior to approval of a Final Map.

4.    When a subdivision report has been prepared in compliance with Business and Professions Code Section 11017.1, each tenant and the Commission shall be provided a copy.

E.    Final and Parcel Maps. The Final Map or Parcel Map for a common interest subdivision shall comply with all applicable Map Act and Subdivision Ordinance requirements. Approval of a Final Map or Parcel Map shall also require that the review authority first make findings of compliance with all applicable provisions of this section.

A.    Applicability. Convenience food stores and markets shall comply with the standards of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). See “Convenience or Liquor Store” definition in Chapter 17.98 (Definitions).

B.    Minimum site area. A convenience food store/market shall not be established on a site less than 5,000 square feet.

C.    Separation from other facilities. A convenience food store/market shall be separated from each existing food store/market by a minimum distance of 1,000 feet, measured from the closest point of their property lines.

D.    On-site facility requirements.

1.    Litter control. The applicants/permittees shall provide for trash/litter receptacles on, or adjacent to, the subject property.

2.    Bicycle racks. The site shall be provided a bicycle rack, as approved by the Director, in addition to required off-street parking.

3.    Public telephones. Public telephones may be installed on the site only if they are restricted to outgoing calls only and are explicitly authorized by the Use Permit for the project.

4.    Electronic games. Electronic games may be installed on the site only if they are explicitly authorized by the Use Permit for the project.

5.    Alcohol sales. The sale of beer and wine products on premises is prohibited.

E.    Hours of operation. The store shall be open to the public for business only between the hours of 6:00 a.m. and midnight, unless otherwise authorized by an existing permit, or by Commission approval, based on a report of the Crime Prevention Officer.

F.    Property maintenance.

1.    The applicant shall at all times maintain the site and abutting public sidewalk areas in a litter free, weed-free condition at all times;

2.    The property shall comply with all applicable provisions of Municipal Code Chapter 8.30 (Property Maintenance Ordinance), including the requirement in Municipal Code Section 8.30.145 that all graffiti shall be removed immediately.

G.    Security.

1.    The lease area for the store shall comply with the applicable provisions of the minimum building security standards ordinance.

2.    Each store shall comply with security related conditions of the Commission based on a report of the Crime Prevention Officer.

3.    Notwithstanding the requirements of Chapter 17.40 (Signs), the portions of windows providing a view of the cash registers shall be maintained free of all signs, banners, product displays, etc., at all times, to provide a clear and unobstructed view of the sales counter from outside the store. Signs in the remaining windows shall not exceed 25 percent of the remaining window area.

A.    Applicability. The development and operation of a drive-through facility shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    General standards.

1.    Design objectives. Drive-through facilities shall only be permitted if the design and operation avoids congestion, excessive pavement, litter, and noise.

2.    Limitation on location. A drive-through facility shall only be located on a building wall away from a street. A drive-through facility shall be located within the CC zone only if the review authority determines that the facility is accessory to a use that is primarily pedestrian oriented.

C.    On-site circulation. A drive-through facility shall be provided internal circulation and traffic control as follows:

1.    Aisle design.

a.    The entrance/exit of any drive aisle shall be a minimum of 50 feet from a street intersection (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel.

b.    Each drive aisle shall be at least 10 feet wide and provide curves with minimum interior radii of 10 feet.

2.    Stacking area. A clearly identified area shall be provided for vehicles waiting for drive-up or drive-through service that is physically separated from other on-site traffic circulation.

a.    The stacking area shall accommodate a minimum of six cars for each drive-through window in addition to the vehicle receiving service.

b.    The stacking area shall be located at and before the service window (e.g., pharmacy, teller).

c.    Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

d.    No stacking area shall be located adjacent to and/or parallel to a street or other public right-of-way.

3.    Walkways. No on-site pedestrian walkway may intersect a drive-through aisle.

4.    Exceptions. The review authority may approve alternatives to the requirements of Subsections C.1 through C.3 of this section where it first finds that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

D.    Signs. Each entrance to, and exit from, a drive-through aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs. Signage shall also be provided to indicate whether the drive-through facility is open or closed.

A.    Applicability. Emergency shelters shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Limitations on location.

1.    Category 1 shelter. A shelter for families and/or single women with children may be established in the RS-8 and RS-12 zones.

2.    Category 2 shelter. A shelter for single men and single women may be approved in the RM zone.

3.    Category 3 shelter. An emergency shelter shall be a permitted use in the community commercial zone and Census Tract 137.

4.    Flexibility. The Commission may allow temporary emergency shelters for the homeless in zones other than those listed in Subsections B.1 and B.2 of this section if the site meets all applicable criteria, and the proposal is deemed an “exceptional project” as determined by the Commission.

C.    Application processing and monitoring. A Use Permit application for a temporary emergency shelter for the homeless shall be processed in compliance with Section 17.62.070 (Use Permit and Minor Use Permit). A pre-application conference shall be held to:

1.    Determine the nature of the proposal;

2.    Ensure that it complies with the intent of this chapter; and

3.    Offer specific comments and direction.

D.    Development and operating standards for Category 1 and Category 2 shelters.

1.    A family shelter or shelter for single women with children should be located near public facilities and transportation facilities.

2.    Shelters for single persons should be located near transportation facilities.

3.    Each shelter shall have an on-site resident manager.

4.    Residents shall not be required to participate in any religious or philosophical ritual, service, meetings, or rites as a condition of eligibility for being housed in a shelter.

5.    The exteriors of the shelter shall be upgraded, fenced and landscaped, and maintained as required by the Commission.

6.    No more than 16 persons shall be allowed at any shelter location, including the on-site manager.

7.    Single women may be housed in a shelter for single women with children.

8.    Each shelter shall comply with Title 24 of the State Code, all state building regulations, the California Building Code and all related codes (per pages IV, V, and VI of the CBC), and the Uniform Housing Code.

E.    Emergency shelters permitted by right for homeless in the CC zone and Census Tract 137. Any application for an emergency shelter facility located in Census Tract 137 that meets the following performance, development, design and managerial standards shall not require a discretionary permit, per Section 65583(a)(4) of the California Government Code:

1.    Emergency shelters shall obtain and maintain in good standing all required licenses, permits and approvals from City, county, state and federal agencies or departments and demonstrate compliance with all applicable building and fire codes.

2.    The emergency shelter shall conform to all property development standards of the zoning district in which it is located, except as modified by these performance standards.

3.    The length of stay of an individual client shall not exceed six months within a 12-month period.

4.    The maximum number of beds for emergency shelters shall be 50 unless a major conditional use permit is approved to permit additional beds.

5.    External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of way.

6.    No more than one emergency shelter shall be permitted within a radius of 300 feet from another such shelter when measured from the closest property lines. An exception to this separation requirement may be granted if significant physical features act as barriers from said sensitive uses, such as a freeway or railroad right-of-way.

7.    Parking facilities shall be designed to provide one space per staff member. A secured area for bicycle parking shall be provided for use by staff and client, commensurate with demonstrated need, but no less than a minimum of four bicycle spaces.

8.    A client waiting and intake area shall be provided as interior space and contain a minimum of 10 square feet per bed provided at the facility, and a minimum size of 100 square feet of floor area.

9.    Outdoor charitable food distribution shall be conducted entirely on private property in a covered area, during times that are approved by the City, and shall not block accessible pathways.

10.    No signs are present on the property relating to its use as a shelter for the homeless.

11.    Donation/collection bins and areas shall be screened from public view and shall be open to the public between the hours of 9:00 a.m. to 6:00 p.m. A sign stating hours of operation shall be placed in a clear, visible location and shall be no larger than 15 square feet.

12.    Adequate storage for personal belongings shall be provided.

13.    The City may inspect the facilities during business hours for compliance with the management plan and any other applicable regulations and standards.

14.    A minimum of one staff person or agent shall be on duty and awake when the facility is in operation.

15.    Management plan. The applicant or operator shall submit a management and operation plan for the emergency shelter review and approval by the Planning Manager prior to approval of a business license. The plan shall include, but not be limited to, the following:

a.    Security.

b.    Staff training.

c.    Neighborhood relations.

d.    Pet policy.

e.    Client intake process.

f.    List of services provided.

g.    Facility maintenance.

h.    Refuse control.

i.    Amenities, such as hours of operation, cooking/dining facilities, laundry facilities and activity policies.

j.    Anti-discrimination policies.

The plan may be reviewed as needed by the City with revisions made by the operator.

F.    Findings required for approval. Use Permit approval for a Category 1 and Category 2 shall require that the Commission first make the following findings, in addition to those required for Use Permits by Section 17.62.070:

1.    Adequate parking is available for the type of shelter proposed;

2.    The project will have no adverse impact on the surrounding neighborhood;

3.    There is not an overconcentration of shelters for the homeless in the surrounding areas in that neighborhood and in the City; and

4.    The proposed homeless shelter is consistent with the Housing Element of the General Plan.

G.    Conditions of approval. The approval of a Use Permit for a Category 1 and Category 2 temporary emergency shelter for the homeless shall include the following conditions of approval, in addition to any other conditions deemed necessary by the Commission based on the specific proposal:

1.    All plans for modifications to existing structures or proposed additions shall be submitted to the Building Official, the Fire Marshal, and the Health Officer for review and approval.

2.    The applicant shall meet with the Crime Prevention Officer for recommendations regarding the safety of the tenants.

3.    The applicant shall comply with all applicable federal, state, and county regulations relating to the operation of the shelter.

4.    The maximum number of persons allowed in the existing shelter, following any modifications or additions, shall be established by the Building Official and the Fire Marshal. The maximum occupancy of a single person or dormitory facility shall be based on a minimum 100 square feet of superficial floor area per person.

5.    The applicant shall file with the Director, for review and approval, a list of house rules relating to the operation of the shelter.

6.    The Use Permit is subject to continuing jurisdiction of the Commission and subject to review in six months and as determined thereafter.

H.    Inspections and monitoring.

1.    Inspections. Prior to opening, the facility shall be inspected by the following persons or their representatives:

a.    Health Officer;

b.    Building Official;

c.    Fire Marshal; and

d.    Crime Prevention Officer.

2.    Monitoring. The Commission shall review the operation of the shelter and its compliance with the Use Permit at the end of the first six months of operation and as determined thereafter, and upon receipt of continuing complaints from the neighborhood where the facility is located.

I.    Facility additions. Except for shelters that do not require a discretionary permit, Board of Architectural Review approval is required for any proposed addition to a shelter, subject to Section 17.62.030 (Architectural Review). (Ord. 1048 § 2(3), 2018; Ord. 1044 § 2, 2017)

A.    Applicability. Garage sales shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), except that a garage sale within a commercial zone on the site of a public or private meeting facility operated by a nonprofit organization is not subject to the requirements of this section (see the definition of “Meeting Facility, Public or Private” in Article 7 (Glossary).

B.    Permit requirement. A garage sale, patio sale, porch sale, etc., may be allowed in a residential zone only after a Garage Sale Permit has been issued by the Department.

C.    Standards. A garage sale shall be:

1.    Limited to a maximum of two consecutive days;

2.    Held at the same address not more than once every three months; and

3.    Advertised by the posting of not more than one temporary sign upon the premises where said sale is being constructed.

A.    Applicability. Home occupations shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). These standards are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation or to the surrounding neighborhood.

B.    Permit requirement. A home occupation shall require City approval of a Home Occupation Permit and a Business License.

C.    Limitations on use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations:

1.    Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this section:

a.    Arts and crafts work (ceramics, painting, photography, sculpture, etc.);

b.    Tailors, sewing, etc.; and

c.    Office-only uses, including an office for an architect, attorney, consultant, contractor, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

2.    Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities and are therefore prohibited as home occupations:

a.    Adult entertainment activities/businesses;

b.    Animal hospitals and boarding facilities;

c.    Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d.    Use of the project site as a storage facility for a contractor and other storage yards;

e.    Dismantling, junk, or scrap yards;

f.    Fitness/health facilities (except that one-on-one personal trainers may be allowed);

g.    Medical clinics, laboratories, or doctors’ offices;

h.    Personal services as defined in Article 7 (Glossary), except that licensed massage therapy and physical therapy may be allowed as home occupations in compliance with this section;

i.    On-site sales, except that mail order businesses may be allowed where any stock-in-trade on the site is stored entirely within the dwelling or an accessory structure and does not impede access to required parking or egress;

j.    Uses which require explosives or highly combustible or toxic materials;

k.    Welding and machine shop operations;

l.    Wood cutting businesses; or

m.    Other uses the Director determines to be similar to those listed above.

D.    Operating standards. Home occupations shall comply with all of the following operating standards:

1.    Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2.    Location of home occupation activities. All home occupation activities shall be confined within the primary dwelling, which shall not occupy more than 25 percent of the gross interior floor area of the ground floor. Garages or other enclosed accessory structures may be used for home occupation purposes only if required off-street parking spaces are continually maintained. Horticultural activities for home occupation purposes may be conducted outdoors, but only within the rear one-third of the site.

3.    Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way or from neighboring residential properties.

4.    Signs. There shall be no advertising signs, other than one nonilluminated name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5.    Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6.    Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7.    Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8.    Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9.    Client/customer visits. The home occupation shall be operated so as to not require more than eight vehicle trips per day of clients, customers, visitors, and/or service visits (including deliveries or pick-up of stock-in-trade) to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 8:00 p.m.

10.    Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles and/or one pickup truck, van, or similar vehicle not exceeding one-and-one-half-ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups. The Commission may authorize other types and/or additional vehicles with Use Permit approval.

11.    Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use. (Ord. 2027 § 2 (Exh. A § 13), 2024)

A.    Purpose and applicability. Live-work units shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). The purpose of the provisions within this section is to encourage the integration of residential and work uses (vertically and horizontally) and to establish flexible development standards.

B.    Existing structures. A pre-existing structure that is converted to a live-work unit may deviate from the development standards included in this section. Deviations shall be the minimum needed and only permitted when full implementation of the development standard is not feasible, as determined by the review authority.

C.    Ground-floor street frontage.

1.    Rail, service, restaurant, office, and/or cottage industry are required on ground-floor primary building frontage, with residential on upper levels or behind the frontage use.

2.    The work space directly adjacent the sidewalk/street shall contain an active use and not be used exclusively for storage or warehousing.

3.    The work space on the ground floor should be oriented toward the street to allow pedestrian exposure and direct access to the work space.

4.    The work space on the ground floor should have a minimum of 50 percent transparency, measured along the length of the primary building frontage. Transparency refers to an open view into the building, such as a window.

D.    Access. Live-work buildings shall have one of two methods of primary pedestrian access:

1.    The main entrance to the ground-floor work space shall be accessed directly from and face the street, and the residential occupancy area shall be accessed by a separate entrance and internal stairs that are also accessed from and face the street. There may also be a small shared lobby that provides separate access to the work space and residential areas.

2.    Access to the residential area may be taken through the work space that is accessed directly from and faces the street.

E.    Parking and services.

1.    Parking and services shall be located to the rear of the property or internal to the block and access shall be provided through alleys or driveways.

2.    Services, aboveground equipment, and trash container areas shall be located on the alley, or to the rear of the building accessed by a driveway. (Ord. 2027 § 2 (Exh. A § 14), 2024)

A.    Applicability. Mixed-use projects shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Location standards.

1.    Standards for specific streets. The use location standards in Subsections B.2 and B.3 of this section apply to projects proposed to front on the following streets:

a.    Broadway Avenue between Terrace and Del Monte Boulevard;

b.    Fremont Boulevard between Canyon Del Rey and Phoenix; and

c.    Del Monte Boulevard between Canyon Del Rey and Broadway Avenue.

2.    Commercial use location. Commercial uses only shall be allowed on the ground floor of a project:

a.    On a lot that extends from a street to an alley; and

b.    On the first 120 feet from the street if there is no alley.

3.    Residential use location. Residential uses may be allowed on the ground floor of a project on the portions of the lot beyond the first 100 feet from the front property line.

C.    Mix of uses. A mixed-use project may combine residential uses with any other use allowed in the applicable zone by Article 2 (Zones, Permitted Land Uses, and Zoning Standards); provided, that where a mixed-use project is proposed with a use that is required to have Minor Use Permit or Use Permit approval in the applicable zone, the entire mixed-use project shall be subject to that permit requirement.

D.    Development standards.

1.    Ground floor commercial requirement. Multi-story mixed use buildings shall include a minimum of 50 percent of the ground-floor areas as commercial use.

2.    Density. Residential density in a mixed-use project shall not exceed 25 units per acre (1,750 square feet per unit). All habitable floor area shall contain a reasonable combination of at least two of the following types of units: efficiency units, one-bedroom apartments, and two-bedroom apartments.

3.    Height limit. A mixed-use project shall not exceed 40 feet in height.

4.    Exterior appearance. The overall exterior appearance of mixed-use projects shall favor a commercial architectural design.

5.    Parking requirements. A mixed-use project shall comply with the following parking requirements. Additional parking standards shall comply with those in Chapter 17.34 (Parking and Loading):

a.    Commercial portion. One parking space for each 300 square feet of gross leasable floor area.

b.    Residential portion. One covered parking space designated for:

(1)    Efficiency and one-bedroom units: one designated covered parking space.

(2)    Two-bedroom units: two designated covered parking spaces.

c.    Adjustments to standards. When there is a residential component to a mixed-use project, the Commission may allow a reduction to the required combined parking requirement for the proposed commercial and residential land uses based on a review of the individual needs of the proposed project.

E.    Design guidelines. The following design criteria shall be included, where feasible, in each mixed land use proposal to achieve a quality development, safe housing, and neighborhood compatibility:

1.    A parking area lighting system that does not intrude into living areas or adjacent residential areas.

2.    Provision of trees and other landscaping to buffer and/or screen adjoining land uses.

3.    An orientation that maximizes the provision of sunlight, or includes the use of skylights, clerestory, bay, or greenhouse windows.

4.    Private security systems or solid core doors with deadbolt locks.

5.    A means of securing the residential portion of the development from the public/commercial portion of the project.

6.    Usable open space in the form of courtyards and/or individual patios.

7.    Balconies of at least 40 square feet having a minimum width of five feet.

8.    A minimum of 72 cubic feet of exterior storage space per unit.

9.    Protected and covered entryways.

10.    Signage integrated into the design of the buildings. (Ord. 2027 § 2 (Exh. A § 15), 2024)

A.    Applicability. The use of a mobile home or manufactured home as a single-family dwelling outside of a mobile home park, and mobile home parks, shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Mobile home outside of a mobile home park.

1.    Site requirements. The site and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

2.    Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards:

a.    The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

b.    The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 3:12.

c.    The mobile home shall be placed on a foundation system, subject to the approval of the Building Official.

d.    The mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 4401 et seq.) and was constructed after January 1, 1989.

C.    Mobile home park standards. The site for the mobile home park shall comply with the following requirements:

1.    Planning and design objectives. The City intends that each mobile home park be designed and landscaped to be compatible with adjacent residential and other uses. These standards are intended to provide a means of achieving an environment of stable, desirable character not out of harmony with the surrounding area.

2.    Permitted uses. Use Permit approval for a mobile home park may authorize the following uses in addition to individual mobile homes:

a.    Accessory uses, limited to awnings, portable, demountable or permanent carports, fences or windbreakers, garages, porches, and storage cabinets.

b.    A golf course, lake, park, playground, riding and hiking trails, equestrian facilities, other similar recreational structures and facilities, clubhouses, community centers, laundries, and similar uses; provided, that all of these are not allowed on the individual mobile home lots within the mobile home park.

c.    Public utility and public service uses and structures.

d.    Accessory retail and service uses for park residents as authorized by Use Permit approval.

3.    Design and development standards. Each mobile home park shall comply with the following standards:

a.    Phased development. Development may be in phases, so long as each phase complies with the minimum standards of this section, and no mobile home is occupied in any phase until at least 10 mobile home lots are developed and improved on a minimum of two acres, and authorized by a permit for occupancy in compliance with Health and Safety Code Section 18505.

b.    Density. The Commission shall determine the allowable density for each mobile home park, based on the following criteria:

(1)    The provision of the space necessary for compliance with this section;

(2)    Individual mobile home lots shall be a minimum of 2,400 square feet; and

(3)    In no case shall the density of a mobile home park exceed the maximum density of the General Plan and zoning district designation for the subject site.

c.    Building lines. Each structure and mobile home shall have a minimum setback of 15 feet from all exterior property lines, and a minimum setback of 20 feet from the right-of-way of any street adjoining the mobile home park. The resulting setback area shall be landscaped and continually maintained, in compliance with Section 17.30.040 (Landscaping Standards).

d.    Parking. Parking shall be provided in compliance with Chapter 17.34 (Parking and Loading).

e.    Utilities. All utility distribution facilities (including cable television, communication, and electric lines and boxes) within a mobile home park shall be placed underground. The developer is responsible for complying with the requirements of this subsection and shall make the necessary arrangements with the utility companies for the installation of the required facilities.

f.    Tenant storage. A minimum of one 75 cubic foot storage cabinet shall be provided on each mobile home site. Adequate solid waste and recyclable materials storage enclosures shall be provided in compliance with Section 17.30.110 (Solid Waste/Recyclable Materials Storage).

g.    Travel trailers. An occupied travel trailer, camper, motor coach, motor home, trailer coach, or any similar vehicle not certified under the National Mobile Home Construction Safety Standards Act of 1974 (42 U.S.C. Section 4401 et seq.) shall not be allowed within a mobile home park. Unoccupied trailers and other recreational vehicles may be stored in an approved on-site storage area where authorized by a Use Permit.

h.    Fencing. A solid masonry wall, fence, or other decorative landscape screening of the maximum height allowed by this Zoning Ordinance shall be installed as required by the review authority as part of the Use Permit approval for the mobile home park.

i.    Landscaping. Landscaping shall be provided in compliance with Section 17.30.040 (Landscaping Standards).

j.    Signs. A mobile home park may be allowed one externally illuminated identification sign not exceeding six feet in height or 24 square feet in area. The sign shall be integrated into the mobile home park landscaping, at a location specified in the Use Permit approval.

k.    Skirting. Skirting shall be provided along all sides of each mobile home.

l.    Internal streets. Internal street design shall comply with City street standards except where superseded by a state-required standard.

A.    Applicability. A new or remodeled multi-family project shall comply with the standards of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). For the purposes of this section, the term “remodeled” means the reconstruction or remodeling of at least 50 percent of the gross interior floor area of the original structure.

B.    Accessory structures. Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities) shall be designed and constructed with an architectural style, exterior colors, and materials similar to the structures in the project containing dwelling units.

C.    Building facades adjacent to streets. A multi-family project of three or more dwelling units shall be designed so that at least 50 percent of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.

D.    Separation between structures. Buildings that are aligned in parallel shall be separated by a minimum of 20 feet if one or both are one story, and by 30 feet if one or both are two stories, with an increase of six feet of further separation for each additional story of building height.

E.    Front setback pavement. No more than 60 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

F.    Parking location. Off-street parking for a multi-family structure of 11 or more units shall be located so that it is not visible from the street fronting the parcel. A garage providing parking for a duplex may be located in compliance with the following standards, in addition to the requirements of Chapter 17.34 (Parking and Loading):

1.    Front setback. A garage shall be set back from the front property line at least 10 feet further than the facade of the dwelling, to reduce visual impact from the street.

2.    Side setback. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a garage may be built to the side property line on that side, but shall be located at least eight feet from the other side property line. Otherwise, a garage shall be set back a minimum of five feet from each side property line.

3.    Rear setback. A garage shall be set back a minimum of five feet from a rear property line.

4.    Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet.

G.    Private streets.

1.    A privately owned and maintained hard-surfaced right-of-way of at least 24 feet in width which provides a private means of access to abutting property.

2.    All private streets shall be designed to accommodate two lanes of traffic and shall be either a loop, cul-de-sac, or hammerhead design sufficient to permit the proper turning of vehicles such as garbage and fire trucks.

H.    Minor driveway. A privately owned and maintained hard-surfaced roadway of at least 10 feet in width which is intended to serve not more than two dwelling units.

I.    Principal driveway. A privately owned and maintained hard-surfaced roadway of at least 16 feet in width which is intended to serve three or more dwelling units.

J.    Walkways. A walkway is land which is used primarily for the purpose of providing pedestrian access. At least one walkway shall be provided, in an approximately parallel position, to all private streets within a common interest subdivision which serves five or more dwelling units.

K.    Off-street parking. Off-street parking shall be provided as required in Chapter 17.34.

L.    Public utility facilities and hookups.

1.    With the exception of water supply, all utilities within a common interest subdivision shall be independently metered in such a way that the owners of the individual units can be billed separately.

2.    All mains and laterals serving a common interest subdivision shall be commonly held, maintained, repaired, and/or replaced by the property owners association.

3.    All utilities serving a common interest subdivision shall be placed underground.

4.    Except as necessary in common interest subdivisions of more than one level, no utility line(s) serving one individual dwelling unit shall be permitted to pass through, over, or under any portion of the structure other than the living unit which it serves.

M.    Fire protection.

1.    No private street serving a common interest subdivision shall be permitted to be built with a grade which exceeds 15 percent.

2.    Fire hydrants shall be located on the public street at the entry to any private street serving a common interest subdivision, as required by the Fire Chief.

3.    Any premises where buildings or portions of buildings are located more than 150 feet from the public street providing access to the common interest subdivision shall contain, as required by the Fire Chief, additional fire hydrants or fire sprinklers.

N.    Landscaping and screening. Landscaping and screening shall be provided as required in Chapter 17.30.

O.    Usable open space. All common interest subdivisions shall provide a minimum of 250 square feet of usable open space per dwelling unit. In instances where the overall size of a common interest subdivision is five or more acres, the developer shall provide a minimum of 10 percent of the total area in usable open space. Further, areas suitable for both outdoor active and passive group recreation activities shall be provided within the subdivision.

P.    Safety lighting. Safety lighting shall be provided along all private streets and walkways. Specifically, there shall be at least one exterior safety light per 150 feet of private street and walkway length.

Q.    Sound transmission control. All attached dwelling units in a common interest subdivision shall be required to meet the sound transmission control requirements of the California Building Code and Title 24 of the California Administrative Code.

R.    Storage space. Each attached dwelling unit within a common interest subdivision shall be provided with at least 300 cubic feet of enclosed, weatherproofed, and lockable storage space. Such storage space shall be in addition to interior closet space.

S.    Boat and trailer storage areas. Unless prohibited by restrictive covenants, screened and protected areas for boats, trailers, and recreation vehicle storage shall be required for all common interest subdivisions of five or more acres.

T.    Rubbish collection. Adequate trash enclosures shall be provided for all common interest subdivisions in accordance with the requirements of the Health Officer. In no case shall any dwelling unit in the project be located more than 150 feet from the nearest rubbish collection point.

U.    Laundry facilities. A laundry area in each unit, with space for a washer and dryer and appropriate wiring and ventilation, shall be required for all housing which is to be constructed within a common interest subdivision. Existing central laundry facilities may be allowed in condominium conversion projects if found to be adequate by the Planning Commission.

V.    Plumbing facilities. Each dwelling unit shall be provided with both a separate water heater and a water shutoff valve.

W.    Property owners association.

1.    All common interest subdivisions shall, by recordation of the following documents, provide for the establishment of a property owners association:

a.    Articles of incorporation;

b.    Declaration of covenants, conditions and restrictions; and

c.    Bylaws.

2.    This information shall be submitted as part of a tentative subdivision map application and shall be reviewed and accepted by the City prior to approval of the subdivision map. Furthermore, evidence of the recordation of said instruments must be submitted to the Planning Department at the time of filing of the subdivision map with the county recorder.

3.    Provision for the establishment of a sinking fund shall be provided within the recorded documents in order to adequately cover the short- and long-term maintenance and/or repair of all commonly owned streets and structures, open space and recreational amenities, and all landscaped areas.

4.    In addition, the recorded covenants, conditions, and restrictions for a common interest subdivision shall include a statement to the effect that, in case a public nuisance occurs in any common area or structure, the City may enter the subdivision in order to investigate and abate the nuisance, and charge the cost of abatement to the property owners association. Further, whenever such a bill is not paid in a timely fashion, the City shall reserve the right to file a lien against the subject property.

5.    The recorded covenants, conditions, and restrictions shall also include a provision stating that an individual owner cannot avoid liability for his prorated share of the expenses for any common area by renouncing his right in the common area.

The recorded covenants, conditions, and restrictions shall also include a statement to the effect that each owner has the right to enforce the bylaws and covenants, conditions, and restrictions against any person having an interest in the common interest subdivision.

X.    Open space. Each multi-family residential project shall include permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), except where the review authority determines that an existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a mixed-use project and/or located in a commercial zoning district.

1.    Area required. Private and common open space shall be provided as required by Table 4-1.

2.    Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Section 17.30.040 (Landscaping Standards).

a.    Common open space. All required open space shall be easily accessible, have continuous, usable site elements, and be separated from parking areas and safe and secure. Each common open space area shall have a minimum dimension of 12 feet for two- to four-unit projects, and 20 feet for projects with five or more units.

b.    Private open space. Private open space shall be at the same elevation as and immediately accessible from within the unit. Each private open space area shall have a minimum dimension of eight feet, except that the review authority may authorize different minimum dimensions for upper-floor units where the private open space is provided as a balcony or upper floor court.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

Y.    Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with Section 17.30.070 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot-candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available. All proposed lighting shall be shown on the required landscape plan.

Z.    Storage. A minimum of 100 cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than 30 inches.

AA.    Television antennas. Exterior television antennas, other than satellite dishes less than 39 inches in diameter, are not allowed, except for a single common, central antenna, with underground cable service to each dwelling unit. This restriction shall be included in any property covenants of a common interest development.

BB.    Window orientation. Where one or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, the review authority shall ensure, to the extent feasible, that the windows are located and/or screened to provide privacy for residents of both structures. (Ord. 1044 § 2, 2017; Ord. 1025 § 18, 2015)

A.    Applicability. Temporary and permanent facilities for outdoor display, sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). Sidewalk sales are instead subject to the requirements of Section 17.62.040 (Limited Term Permit).

B.    Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise is allowed subject to the following standards:

1.    The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Minor Use Permit approval.

2.    Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through Minor Use Permit approval.

3.    Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, landscaped areas, required parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.

4.    The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5.    The Director may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6.    Additional signs for the outdoor display area shall not exceed four square feet in area. All outdoor display signs shall be subject to review and approval of Master Sign Program in compliance with Chapter 17.40 (Signs).

C.    News and flower stands.

1.    Location requirements. A news or flower stand shall:

a.    Be located parallel and adjacent to the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk.

b.    In the case of a privately owned stand, not be located within the public right-of-way, within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes.

2.    Design and construction requirements.

a.    A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures, whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure.

b.    Shelving shall not exceed eight feet in height or two feet in depth.

3.    Maintenance. Each news or flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4.    Signs.

a.    The stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 17.40 (Signs).

b.    The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5.    Additional product sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed.

D.    Outdoor cooking and dining areas.

1.    An outdoor dining area may be allowed accessory and incidental to a restaurant with an indoor eating area on the same site or a grocery store with a delicatessen and/or restaurant facility inside the store; provided the outdoor eating area shall also comply with the parking requirements of Section 17.34.040 (Number of Parking Spaces Required) for restaurants.

2.    Signs for an outdoor cooking and/or dining area shall comply with Master Sign Program regulations in Chapter 17.40 (Signs).

3.    Any cooking outside of a building shall require Minor Use Permit approval.

E.    Itinerant vendors. The parking and/or storage of food carts, food trucks, barbecue trailers, or other similar mobile food cooking vehicles or apparatus on private property may be allowed with the issuance of a Use Permit.

A.    Applicability. An outdoor storage or work area shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet.

C.    Maximum height of stored materials. The materials within the storage area shall not be higher than the fence, except where authorized by the Commission under a Use Permit for the storage area.

D.    Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the setback area shall be landscaped to the approval of the Director and in compliance with Section 17.30.040 (Landscaping Standards).

A.    Applicability. The siting and operation of commercial recycling facilities shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Reverse vending machines. Reverse vending machines shall comply with the following standards:

1.    Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

2.    Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

3.    Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 17.40.070 (Zoning District Sign Standards).

4.    Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.

C.    Small collection facilities. A small collection facility shall comply with the following standards.

1.    Location requirements. A small collection facility shall:

a.    Not be located within 50 feet of any parcel zoned or occupied for residential use; and

b.    Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2.    Maximum size. A small collection facility shall not occupy more than 350 square feet or three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3.    Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4.    Operating standards for small collection facilities. Small collection facilities shall:

a.    Not use power-driven processing equipment, except for reverse vending machines;

b.    Accept only glass, metal, or plastic containers, paper, and reusable items;

c.    Use containers that are constructed with durable waterproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and

d.    Be screened where determined by the review authority to be necessary because of excessive visibility.

5.    Signs. Non-illuminated signs may be provided as follows:

a.    Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container.

b.    Additional directional signs, consistent with Chapter 17.40 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6.    Parking requirements.

a.    No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.

b.    Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

D.    Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

1.    Location requirements. The facility shall not abut a parcel zoned for residential use.

2.    After-hours deposit facility. A facility provided for “after-hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

3.    Enclosure required. The facility shall only be located within an enclosed structure, with all materials stored entirely within the structure.

4.    Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

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

6.    Operating standards.

a.    The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.

b.    Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

E.    Processing facilities. Processing facilities shall comply with the following standards.

1.    Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2.    Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals; other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.

3.    Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4.    After-hours deposit facility. A facility provided for "after-hours" donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

5.    Enclosure required. The facility shall only be located within an enclosed structure, with all materials stored entirely within the structure.

6.    Operating standards. The use shall produce no dust, fumes, odor, smoke, or vibration, above ambient levels, that are detectable on an adjoining parcel.

A.    Applicability. Accessory buildings shall comply with the requirements of this section, where allowed as Residential Accessory Uses and Structures by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). These requirements do not apply to residential second units, which are instead regulated by Section 17.52.230 (Residential Second Units).

B.    Relationship to primary use. A residential accessory building, structure, and/or use shall be incidental to the primary residential use of the site and shall not alter the character of the primary use.

C.    Timing of installation. A residential accessory building or structure shall only be constructed concurrent with or after the construction of the primary structure on the same site.

D.    Limitation on number. No more than two accessory buildings shall be allowed on a residential parcel.

E.    Setback requirements. All residential accessory structures that are detached from the primary structure shall comply with the following setback requirements. An attached accessory structure shall comply with Subsection J.1 of this section.

1.    Front yard. No accessory building shall be permitted in a required front yard setback.

2.    Side and rear yards. An accessory building shall be set back a minimum of three feet from each side and rear lot line.

3.    Distance between buildings. All detached accessory structures shall be at least five feet from any dwelling and/or others buildings on the same lot and/or the same parcel.

4.    Corner lot. No accessory building shall be placed or altered on a corner closer than 10 feet from the street side property line.

F.    Height limit. A detached accessory building shall not exceed 15 feet in height.

G.    Maximum floor area. The total floor area of all accessory buildings on a residential parcel shall not exceed 600 square feet. The total floor area of all accessory buildings shall be included in and comply with the floor area ratio (FAR) requirements of the applicable zone.

H.    Building Permit requirement. An accessory building exceeding 120 square feet shall require Building Permit approval prior to placement on a site.

I.    Workshops or studios. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, or hobbies shall be limited to noncommercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory structure for any commercial activity shall comply with Section 17.52.120 (Home Occupations).

J.    Accessory structures and uses.

1.    Attached structures. An accessory structure attached to the primary structure shall comply with all zoning requirements applicable to the primary structure, including height limits, site coverage, and setbacks, and shall also comply with any applicable requirements in Subsection J.2 of this section.

2.    Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the other applicable requirements of this section:

a.    Above-ground-level decks. A detached above-ground-level deck (18 inches or more above grade) that is proposed to be located within the property setbacks shall require Use Permit approval by the Planning Commission, in compliance with Section 17.62.070 (Use Permit and Minor Use Permit). In approving the Use Permit, the Commission shall make the findings that privacy to surrounding neighbors and neighborhood compatibility are maintained. In no case shall a deck exceeding 18 inches above ground level be located closer than five feet from a side and rear property line.

b.    Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within a required rear setback subject to the following.

(1)    The five-foot separation from the primary dwelling unit required by Subsection E.3 of this section does not apply.

(2)    The structure shall comply with the site coverage limitations of the applicable zone, except for pervious structures over permeable patios (e.g., arbors, trellis roofs).

(3)    No part of an attached patio cover shall be closer than 10 feet to a rear property line, five feet to an interior side, and 12 feet to a street side property line.

(4)    No permanent fixture (for example, a barbeque pit, Jacuzzi, or hot tub) shall be installed under an accessory structure that is not a minimum of five feet from any building on or adjacent to the site, and a minimum of five feet from any property line.

c.    Swimming pools, hot tubs, or spas. A noncommercial swimming pool and associated equipment is an allowed accessory use in any zone; provided, that no swimming pool shall be located as follows. Additionally, all equipment associated with a swimming pool, hot tub, and/or spa on any parcel shall comply with the screening requirements of Subsection 17.30.020.G.

(1)    Within a required front setback;

(2)    Closer than five feet to any side or rear property line; or

(3)    Within a utility easement.

d.    Tennis and other recreational courts. Noncommercial outdoor tennis courts and other outdoor sport courts, including basketball and racquetball, accessory to a residential use, shall comply with the following requirements:

(1)    Setbacks. No court shall be located within a required setback, or within 10 feet of a property line.

(2)    Fencing. Court fencing shall comply with Section 17.30.020 (Fences, Walls, Hedges, and Screening).

(3)    Lighting. Court lighting shall require Minor Use Permit approval and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 17.30.070 (Outdoor Lighting).

(4)    Lot coverage. Tennis and other recreational courts shall be exempt from any lot coverage limitations of the applicable zone. (Ord. 1070 § 2, 2019)

A.    Purpose and intent. The purpose of this chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22, as may be amended. These regulations shall be in addition to any requirements imposed by any other applicable law, including, but not limited to, the Seaside Building Code and Seaside Fire Code.

B.    Definitions. As used in this section, terms are defined as follows:

“Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit located on a parcel with a proposed or existing primary residence that provides a complete independent living facility containing separate kitchen, bath, sleeping, or living facilities. The term “attached accessory dwelling unit” means an accessory dwelling unit that is structurally attached to the main residence but which has independent, direct access from the exterior. The term “detached accessory dwelling unit” means an accessory dwelling unit that is not structurally attached to the main residence. An accessory dwelling unit also includes the following:

1.    An efficiency unit, as defined by Section 17858.1 of the California Health and Safety Code, as may be amended; and

2.    A manufactured home, as defined by Section 18007 of the California Health and Safety Code, as may be amended.

“Accessory structure” means a building or structure that is incidental to that of the main building on the same parcel.

“Efficiency kitchen” means a kitchen that includes each of the following:

1.    A cooking facility with appliances. Appliances shall mean a range, or the combination of an oven and cooktop with a minimum of two burners;

2.    A sink that facilitates hot and cold water;

3.    A food preparation counter or counters that are adequate for the size of the unit;

4.    Food storage cabinets adequate for the size of the unit.

“Junior accessory dwelling unit” or “JADU” means a residential unit that:

1.    Is no more than 500 square feet in size;

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

3.    Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and

4.    Includes an efficiency kitchen, as defined in this chapter.

“Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any other accessory structure, other than ADUs and JADUs.

“Multi-family ADU” means either:

1.    ADUs established within the portions of multi-family structures previously used as livable space, not exceeding 25 percent of the existing multi-family structures; or

2.    Detached single-family ADUs on a lot that has existing multi-family dwellings being subject to height limits and four-foot rear yard setbacks.

“Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.

“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

“Public transit” means a location, including, but not limited to, any fixed-route bus stop or other transit stop with transportation that runs on fixed routes, and is available to the public.

“Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a parcel, lined up behind one another.

“Tract housing” is a type of housing development in which multiple similar houses are built on a tract (area) that is subdivided into smaller lots.

“Utility ADU” means an ADU no larger than 800 square feet and meeting four-foot required side and rear yard setbacks.

C.    Locations permitted. Accessory dwelling units are permitted on parcels of any size in conjunction with a proposed or existing residential use in any zone that allows residential uses. Unless specifically stated otherwise, nothing in this section shall be interpreted to render any requirements applicable to the primary dwelling unit(s) on the site inapplicable.

D.    Effect of conforming. An ADU or JADU that conforms to the requirements in this section shall not be:

1.    Deemed to be inconsistent with the General Plan and zoning designation for the parcel on which the ADU or JADU is located;

2.    Deemed to exceed the allowable density for the parcel on which the ADU or JADU is located;

3.    Considered in the application of any ordinance, policy, or program to limit residential growth; or

4.    Required to correct a legally established nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with California Health and Safety Code Section 17980.12.

E.    Legal use requirements. ADUs and JADUs shall comply with the following:

1.    Short-term rental prohibited. Any rental term of an ADU or JADU that was legally created on or after January 1, 2017, shall be longer than 30 days.

2.    Sale of units. The accessory dwelling unit may not be sold separately from the existing single-family home or multi-family dwelling except as provided in California Government Code Section 65852.26.

F.    Exempt projects. The following exempt projects shall not be subject to the requirements set forth in Subsections G and H of this section when said projects are located within a residential or mixed use zoning district; however, these exempt projects shall comply with all applicable requirements of the Seaside Building and Fire Codes, including requirements for separation between structures and fire-resistance ratings:

1.    One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:

a.    The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or is within the existing space of a single-family dwelling or accessory structure. If within the space of an existing accessory structure, the structure may be expanded a maximum of 150 square feet beyond its existing physical dimensions solely for the purpose of accommodating ingress and egress.

b.    The ADU or JADU has its own exterior access without need to travel through the existing or proposed single-family dwelling.

c.    The side and rear yard setbacks are sufficient for fire and safety, as determined by the City Building Official and Fire Chief.

d.    Any JADU complies with the requirements of California Government Code 65852.22, as such may be amended from time to time.

2.    One new construction detached accessory dwelling unit, which may also include a JADU within the same building, on a lot with an existing or proposed single-family dwelling, if all of the following apply:

a.    The structure shall be set back a minimum of four feet from the side and rear property lines.

b.    The total floor area of the structure shall not exceed 800 square feet.

c.    The height of the structure shall be limited to no more than the heights specified in Subsection G.2 of this section.

3.    Multiple accessory dwelling units within the portions of existing buildings used for multi-family dwelling units that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. Spaces converted in this manner must meet applicable Building Code standards for dwelling units. The number of accessory dwelling units created in this manner shall not exceed 25 percent of the originally existing multi-family dwelling units, except that at least one accessory dwelling unit shall be allowed.

4.    Not more than two detached accessory dwelling units that are located on a lot that has existing multi-family dwelling units, where the detached accessory dwelling units have a height that does not exceed the heights specified in Subsection G.2 of this section and are set back a minimum of four feet from all side and rear yard property lines.

G.    ADU and JADU design standards. ADUs and JADUs shall comply with the following standards:

1.    Maximum number. One ADU and/or one JADU shall be allowed on each lot or parcel with a residential zoning designation. Multi-family ADUs shall comply with Government Code Section 65852.2.

2.    Height limit. Accessory dwelling units shall comply with the following:

a.    An attached accessory dwelling unit shall not exceed the maximum height specified for the zoning district in which the ADU is located or 25 feet, whichever is less.

b.    A newly constructed detached ADU shall be limited to one story and shall not exceed a maximum overall height of 16 feet, except that a detached ADU may be constructed to a height of 18 feet if:

(1)    The detached ADU is located on a lot with an existing multi-story multi-family dwelling unit; or

(2)    The detached ADU is located within one-half mile of a major transit stop or a high-quality transit corridor, as defined in Section 21155 of the Public Resources Code, in which case an additional two feet of height is permitted if necessary to align the roof pitch of the ADU with the roof pitch of the primary dwelling.

c.    An attached ADU, accessory to a duplex or multi-family dwelling unit, shall be limited to a conversion of existing non-livable space and must maintain the existing height of the structure being converted.

3.    Setbacks. ADUs and JADUs shall comply with the setback standards of the primary dwelling(s) for the applicable zone, except that minimum side and rear setbacks of four feet shall be required. A detached ADU shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

a.    Existing garage. No setback shall be required for an existing, legal, attached or detached garage and/or other existing structure that is converted to an ADU or JADU, or that is demolished and reconstructed in the same location as an ADU.

4.     Maximum unit size.

a.    The maximum square footage of an ADU shall not exceed 850 square feet for a studio or one-bedroom, and 1,000 square feet for units with two or more bedrooms. In no case shall a detached ADU exceed 50 percent of the floor area of the living area of the primary dwelling. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

b.    The floor area of a JADU shall not exceed a maximum of 500 square feet, and shall be contained within a proposed or existing single-family dwelling or within a converted garage, carport or covered patio.

c.    The floor area for multi-family ADUs shall comply with Government Code Section 65852.2.

5.    Separate entrance required. An attached ADU and/or JADU shall provide a separate exterior access from the existing primary residence. Entry doors cannot be on the same facade as the primary entry/front door of the primary residence and exterior staircases or ramps shall be placed in the area furthest from any property lines if said staircase encroaches into a side or rear yard setback. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

6.    Window placement. Windows facing an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping may be required to provide screening. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

7.    Addressing. ADUs or JADUs constructed or established on the same parcel or lot as an existing or proposed single-family dwelling shall be distinguished by utilizing the same address numbers as the primary dwelling followed by the letter “B,” then “C,” and so forth. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

8.    Exterior. ADUs or JADUs proposed in master planned communities, areas regulated by Specific Plans, and any tract housing that obtained approval by the Board of Architectural Review shall substantially conform to the originally approved design elements, such as building materials, architectural style, roof pitch, height, scale, and exterior colors and finishes. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

9.    Vehicular door. A garage converted to an accessory dwelling unit shall include removal or exterior concealment of the garage door(s), which shall be replaced or concealed with a wall meeting Building Code requirements and including architectural treatment and features, including, if appropriate, walls, doors, windows, trim, and accent details, consistent with the primary dwelling. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

10.    Lighting restrictions. Any lighting associated with an ADU or JADU shall be shielded or down-lit and shall not shine onto adjoining properties, while meeting the minimum building code. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

11.    Landscaping. No less than 20 percent of the lot shall be landscaped. All areas of the site that are not utilized for buildings, patios, parking, pedestrian, or vehicular access shall be landscaped and provided with a permanent irrigation system. The front yard shall be landscaped, exclusive of walkways and driveways. As site conditions allow, and concurrent with each newly established ADU or JADU, a minimum of one tree of not less than five-gallon-size stock, shall be planted upon the same parcel or lot as the ADU or JADU. Upon request, the Zoning Administrator shall provide property owners with a preapproved list of acceptable tree species. The removal or loss of any tree in conjunction with an ADU or JADU shall be replaced with three or more trees of the same species using at least five-gallon-size stock, as determined by the Zoning Administrator, and comply with the requirements of Section 8.54.040. All required yards and setback areas shall be attractively landscaped primarily with drought tolerant and native plant materials. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

12.    Private open space/patios and decks. Each ADU or JADU shall have a deck or a patio, directly adjoining individual units. The minimum private open space required for each unit shall be no less than 96 square feet with a minimum width of six feet for a deck/patio and eight feet for landscaped area. This requirement shall not prevent the establishment of a utility ADU that would otherwise comply with all other provisions of this section.

H.    Off-street parking requirements. At least one off-street paved parking space shall be provided for an accessory dwelling unit, and may be located within the required interior side or rear property setback areas, or as tandem parking in compliance with Chapter 17.34 (Off-Street Parking).

1.    Notwithstanding the above, no additional parking shall be required if one or more of the following conditions applies to the ADU:

a.    The ADU 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 within which the parking requirement would be inconsistent.

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 have not been 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 ADU is submitted at the same time as a permit application for a new single-family or multi-family dwelling or dwellings located upon the same lot and the ADU meets any of the criteria specified in this subsection.

2.    When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU, or converted to an ADU, those off-street parking spaces are not required to be replaced.

3.    A new driveway approach or curb cut for an ADU or JADU, if needed, may require a separate encroachment permit from the City’s Engineering Department.

4.    Notwithstanding Subsection 17.34.120.A.1.d, when an existing, legally constructed garage or carport is converted to an ADU or JADU, it is unnecessary to remove any existing driveway access or curb cut that formerly served said garage or carport; provided, that the driveway is a minimum of 20 feet in length.

I.    Processing. The City shall provide an approval or denial of ADU and/or JADU applications within 60 days from the date such application is deemed complete, unless the applicant requests a processing delay, in which case the 60-day period is tolled for the period of the requested delay, up to a maximum of 180 days. If a permit application for an ADU or JADU is submitted along with a permit application to create a new primary dwelling on the same parcel or lot, the City may delay acting on the ADU or JADU application until the City permits the new primary dwelling. The City shall deem ADU applications complete that include all of the information and materials required in the application submittal checklist, comply with the provisions of this chapter, and include full payment of applicable review fees.

J.    Contents of applications. An ADU and/or JADU application shall include the following:

1.    Completed Residential Building Permit application;

2.    Completed Monterey Peninsula Water Management District (MPWMD) residential water release form and permit application.

3.    Plan set – signed and dated (if required). A single PDF file containing all plan sheets, 24 inches by 36 inches minimum size, to include:

a.    Cover sheet: Project address; assessor parcel number; legal property owner’s name, address, phone number; plan preparer’s title and license number (if applicable), address, phone number; scope of work identifying all work proposed, clearly showing existing and proposed work and descriptions, and demonstrating compliance with all applicable California codes and regulations, California Building or Residential Code, Electrical, Mechanical, Plumbing, Energy, Fire, Green Building Codes and City of Seaside Municipal Code; project data, property type, type of construction, occupancy classification, square footage of existing/remodeled/new proposed structure(s) and addition(s), overall building height, fire sprinkler (yes/no), number of stories; sheet index; deferred submittal list – trusses, sprinklers, etc. (if applicable); special inspections noted (if required);

b.    Site plan: north arrow; scale; setbacks; lot dimensions; property boundaries; street names; new and existing structures; building footprint and roofline with all projections dimensioned to property lines; gates; walls; fences; driveways; walks; easements; utilities; meter locations; CalGreen Mandatory Measures Checklist legibly reproduced on the plans; site improvements, including grading, drainage, and landscape irrigation;

c.    Demolition plan (if applicable): showing any existing structure(s), or portion(s) of a structure to be removed with floor plan(s) and framing details;

d.    Floor plan (existing/proposed): drawn to scale, dimensioned, rooms labeled, doors and window types, sizes, schedules; framing details;

e.    Exterior elevations: all sides of the exterior of the building; existing and proposed exterior wall finishes and special finishes; roof materials and roof pitches; door, window, skylight, and other openings, locations, materials, and configurations; vertical dimensions showing the height of structure(s) and heights of finished floors; locations and extent of shear walls, let-in bracing, or other methods of shear transfer;

f.    Foundation plan: Detailed and dimensioned plans showing slabs and foundations for garages, patios, breezeways, driveways, walks; footings, piers, slabs, grade beams, retaining walls (sizes and locations); hold-downs, connections of new foundations to existing foundations; any special construction required by structure, site conditions, or expansive soils; required compressive strength of concrete; crawl access openings and screened vents under raised wood floors; north arrow;

g.    Roof framing plan: size and spacing of beams, rafters, headers, trusses, roof openings; layout of roof sheathing; nailing; north arrow;

h.    Structural calculations: signed and dated; CRC braced walls or CBC shear walls; schedule (if modified); soils report (if applicable), signed and dated;

i.    Plumbing, mechanical, electrical plans: location of new or existing mechanical equipment serving the added or altered area; electrical plan with receptacles, lighting, and panel schedule (if modified); gas line diagram and calculations (if modified); Energy Certificate of Compliance forms reproduced on plan sheets; and

j.    Monterey Peninsula Unified School District (MPUSD): release for any payment of school district fees. (Ord. 2023 § 2 (Exh. A), 2023)

A.    Applicability. Senior housing projects shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Limitations on location. A senior housing project shall be reasonably near public transit and retail shopping, as determined by the review authority, and shall not be located to front on an arterial street including Broadway Avenue and Del Monte and Fremont Boulevards.

C.    Processing requirements.

1.    Pre-application review. The project must be reviewed at a pre-application conference.

2.    Planned Development requirement. The project must be developed as a planned development.

3.    Needs assessment. The applicant shall provide a needs assessment with the planning permit application for the project, demonstrating adequate market support for senior housing in the area.

D.    Design and development standards.

1.    Height limit. A senior housing structure shall not exceed three stories in height.

2.    ADA requirements. Each shall be designed and constructed to be accessible to disabled persons.

E.    Operating requirements.

1.    Age requirement. Senior housing units may be leased or rented only to persons 62 years of age or older.

2.    Deed restrictions. The property owner shall record deed restrictions against the property in a form approved by the City Attorney restricting the rental and occupancy of the units to persons 62 years of age or older except for spouses, temporary residents for a maximum 60 days per year, and primary caregivers over 45 years of age. (Ord. 1087 § 4 (Exh. B), 2020)

A.    Applicability. Motor vehicle service stations (including card lock facilities) shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards).

B.    Application requirements. Each application for a new or remodeled service station shall include a photometric lighting plan identifying all proposed light sources and their illumination levels, to assist in evaluating compliance with the outdoor lighting requirements of Subsection E.5 of this section and Section 17.30.070 (Outdoor Lighting).

C.    Limitations on location.

1.    Prohibited locations. A service station site shall not abut a residential zoning district or residential use.

2.    Separation between stations. A service station shall not be closer than 500 feet to another service station except when both are at the same street intersection or separated by a four-lane arterial roadway. The distance shall be measured in a straight line from the nearest property line of the sites for each service station. No more than two service stations shall be located at the same street intersection.

D.    Site requirements. A site proposed for a new service station shall:

1.    Be located on an arterial street on a site with a minimum of 150 feet of frontage; and

2.    Have a minimum area of 15,000 square feet and a minimum depth of 100 feet.

The Commission may grant an exception to this requirement for a service station within a shopping center site if the Commission determines that the exception improves traffic circulation or reduces traffic. Approval of the exception shall also require that the Commission ensure that the service station is effectively integrated into the architecture and design of the overall shopping center.

E.    Site planning standards. The layout of a service station site and its site features shall comply with the following standards:

1.    Site access and driveways.

a.    Curb cuts for service station driveways shall be separated by a minimum of 30 feet from edge to edge.

b.    A driveway shall not be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to an interior property line.

c.    The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

d.    Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

2.    Setback requirements.

a.    Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island.

b.    A canopy or roof structure over a pump island shall be a minimum of 10 feet from any property line.

3.    Pavement. A service station site shall be paved with a permanent surface of concrete or asphalt material and shall contain drainage facilities in compliance with all federal, state, and local laws, rules, and regulations. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or another barrier approved as part of the design review for the site.

4.    Landscaping. Landscaping, consisting of trees, ground cover, shrubs, vines, and/or other plant materials, approved by the review authority shall be installed, permanently maintained, and, if necessary, replaced, in compliance with the following standards and the requirements of Section 17.30.040 (Landscaping Standards):

a.    A minimum of five percent of the entire site shall be landscaped.

b.    Boundary landscaping is required along all property lines abutting streets, except for driveways.

c.    Landscaped areas shall have a minimum width of five feet and shall be separated from abutting vehicular areas by a wall or curbing at least six inches higher than the abutting pavement.

d.    A corner site shall be provided a planter area of at least 200 square feet at the street corner, except where a building is located at the corner.

e.    Additional landscaping may be required by the Commission to screen the service station from adjacent properties.

f.    All landscaping on the site shall be placed and maintained to provide safe sight distances for pedestrians and drivers.

5.    Lighting. Exterior lights, including canopy, perimeter, and flood, shall be stationary and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 17.30.070 (Outdoor Lighting). Lighting fixtures/lamps shall be the most energy efficient available, including fluorescent, compact fluorescent, low-pressure sodium, high-pressure sodium, or other lighting technology that is of equal or greater energy efficiency.

6.    Signs and banners. Signs, banners, and promotional flags shall comply with Chapter 17.40 (Signs).

7.    Solid waste and recyclables storage. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable federal, state, and local requirements. Outdoor solid waste and recyclable storage areas shall be screened by a solid masonry wall with a height of six feet, or as approved by the review authority. The wall design, materials, and colors shall be compatible with the primary structures on the site, as determined by the review authority.

F.    Building design standards. Each new service station shall comply with the following standards:

1.    Architectural character. Service station architecture shall fit with the existing or intended character of the surrounding area as determined by the review authority.

2.    Bay orientation. Service bay openings shall not face a public street.

3.    Restrooms. Each service station shall maintain one or more restrooms available for use by the general public without charge. Restroom entrances shall be screened from the view of the public right-of-way.

G.    Facility operating standards.

1.    Restriction on outdoor activities. Outdoor activities on a service station site shall be limited to fueling, replenishing air, water, oil and similar fluids, and the replacement of minor parts (e.g., lamp bulbs, wiper blades, and other similar items) requiring only the use of small hand tools while a vehicle is being serviced at the pump island. Where minor auto repair is permitted by Article 2 (Zones, Permitted Land Uses, and Zoning Standards), all repair activities shall occur entirely within an automotive work bay in an enclosed structure.

2.    Display. There shall be no outdoor display of equipment or merchandise, except as allowed in compliance with Subsection H.1 of this section.

3.    Vehicle parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale. Off-street parking for a service station with no on-site cashier, on-site convenience store/vending machines, or on-site vehicle service repair shall be determined by Use Permit approval.

4.    Public restrooms. A public restroom shall not be required if no on-site cashier, on-site convenience store/vending machines, or on-site vehicle service repair is provided.

H.    Accessory uses. The following accessory uses are prohibited unless specifically allowed as part of Use Permit approval:

1.    Outdoor storage. One or more outdoor storage and display cabinets or enclosures other than the primary structure may be approved by the review authority; provided, that their combined total area shall not exceed 50 square feet. The construction and finish of storage and display cabinets shall be compatible with the primary structures on the site, as determined by the review authority. Outdoor storage and display cabinets may be used only for the display and sale of brake fluid, gasoline additives, oil, transmission fluid, windshield wipers and fluid, and other similar merchandise. The outdoor storage of tires shall be prohibited. No outdoor vending machines are allowed.

2.    Tow truck operations. Where tow truck operations are approved as part of a service station by the Commission, no abandoned, disabled, junked, wrecked, or otherwise nonoperational motor vehicles shall remain on site for more than five days, and shall be stored entirely within an enclosed structure or parking lot screened from the public view by a six-foot fence or wall constructed of non-chain-link material. The design of the exterior fence or wall shall be subject to Board of Architectural Review approval.

3.    Convenience sales – parking. Where allowed, the sale of beer and wine, other drinks, food, and/or other merchandise shall be provided off-street parking in compliance with Chapter 17.34 (Parking and Loading).

4.    Prohibited uses. The following uses are prohibited:

a.    The rental, sale, or storage of garden supplies, tools, trailers, travel trailers, vehicles, and other similar materials and merchandise, except the short-term storage of vehicles allowed in compliance with Subsection H.2 of this section.

b.    Incidental uses such as pinball or video game machines, pool tables, or laundry facilities.

I.    Removal of tanks upon cessation or change of use. If, for any reason, a service station ceases to sell gasoline for more than 115 out of 120 days, all gasoline pumps and signs shall be removed from the site, and all gasoline storage tanks shall be removed or treated in compliance with federal and state regulations, subject to the approval of the Fire Department. (Ord. 1087 § 4 (Exh. B), 2020)

A.    Statement of purpose. The purpose of this section is to establish a licensing process, together with appropriate standards that regulate the short-term rental of single-family and multi-family dwellings in residential districts, to minimize negative secondary effects of short-term rentals on surrounding neighborhoods and preserve the character of neighborhoods in which any such use occurs. This section addresses traffic, noise, and density; ensures the health, safety and welfare of neighborhoods as well as of renters and guests patronizing short-term rentals; and imposes limits on the number of licenses issued to ensure long-term availability of the affordable housing stock. This section also sets regulations to ensure enforcement of these standards, and collection and payment of fees and transient occupancy taxes.

This section shall not provide any property owner with the right or privilege to violate any private conditions, covenants or restrictions applicable to the owner’s property that may prohibit the use of such owner’s residential property for short-term rental purposes as defined in this section.

The City Council finds adoption of a comprehensive code to regulate issuance of, and conditions attached to, short-term rental licenses is necessary to protect the public health, safety and welfare. The purposes of this section are to provide a licensing system and to impose operational requirements in order to minimize the potential adverse impacts of transient uses on residential neighborhoods.

The City Council finds the regulation of short-term rental uses, including its nontransferability provisions, to be a valid exercise of the City’s police power in furtherance of the legitimate governmental interests documented in this section.

B.    Definitions. For the purpose of this section certain terms used herein have the meanings set forth in this section, and such meaning shall prevail in case of conflict with the definitions set forth in the SMC.

1.    Good Neighbor Brochure. A brochure, available from the City, to be given to guests, which includes a summary of the City’s regulations relating to short-term rentals.

2.    Guest. The overnight occupant(s) renting a short-term rental for 30 or fewer consecutive days for remuneration and the visitors of the overnight occupants.

3.    Hosted short-term rental. A dwelling unit where the owner with the majority interest in the residential property, or an owner holding an equal shared interest if no other owner owns a greater interest, occupies a dwelling unit as his or her principal residence and offers a habitable portion thereof for transient occupancy by others, and is present during the occupancy of the hosted short-term rental.

4.    Local contact person. The person designated by the owner or the owner’s authorized representative who shall be available 24 hours per day, seven days per week for the purpose of responding within 60 minutes to complaints related to the short-term rental and taking remedial action to resolve such complaints.

5.    Nonhosted short-term rental. A dwelling unit that is offered for transient occupancy where the owner or shared ownership interest does not occupy the dwelling offered for transient occupancy as his or her principal residence. Second units lawfully established pursuant to Chapter 17.12, a permitted accessory dwelling unit or junior accessory dwelling unit shall not be permitted for transient use.

6.    Owner representative. Any person authorized by the owner to fully manage the transient use site.

7.    Owner. The person who possesses fee title to a transient use site.

8.    Person. An individual or a group of individuals, association, firm, partnership, entity, public or corporation or other private.

9.    Remuneration. Compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property.

10.    Residential property. Any lawfully established residential dwelling unit. Second units lawfully established pursuant to Chapter 17.12, a permitted accessory dwelling unit or junior accessory dwelling unit, or any part of a bed and breakfast inn, motel, hotel, timeshare development or other transient use dwelling shall not be considered as residential property for the purposes of short-term rentals and this section.

11.    Responsible tenant. A person aged 18 or older who has received notice of occupancy, parking and other limits and regulations that apply to the transient use site, and who has agreed to be responsible to ensure that impermissible or inappropriate behavior does not occur at the transient use site, including, but not limited to, all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental.

12.    Short-term rental (STR). A term that shall mean a short-term rental unit that is rented for periods 30 or fewer consecutive calendar days for remuneration. Short-term rentals may be hosted or nonhosted.

13.    Short-term rental license. Short-term rental license shall have the same meaning as transient use license.

14.    Transient use. A period of 30 or fewer consecutive calendar days.

15.    Transient use license. A license issued by the City of Seaside in accordance with this section allowing the temporary operation of a short term rental. All references to a “license” in this section shall refer to a transient use license unless otherwise specified.

16.    Transient use of residential property. The commercial use by any person of residential property for transient lodging uses where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy is 30 or fewer consecutive calendar days.

17.    Transient use site. Property occupied and used for transient use of residential property or short-term rental purposes.

C.    Transient use of residential property subject to this section.

1.    Transient use of residential property for remuneration is prohibited except (a) as otherwise expressly licensed by this section, or (b) when such use is licensed by a transient use license issued in accord with this section. Transient use of residential property shall be considered accessory to an existing residential use and shall only be considered within a structure which is lawfully allowed to be used for residential purposes.

2.    Each transient use must meet all the requirements of this section. Short-term rental licenses are issued for a term expiring on June 30th each year. No guarantee is given or implied that a short-term rental license will be extended or renewed for a term subsequent to its expiration.

3.    Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager or otherwise who uses, advertises, arranges, or negotiates for the use of, or allows the use of, residential property in violation of the provisions of this section shall be subject to administrative remedies as set forth in Chapter 2.58.

4.    Each private contract or tenancy that allows transient use shall identify the name, address, phone number and email contact information of at least one responsible tenant who has been informed of, and has agreed to abide by, occupancy, parking and other limits that apply to that transient use.

5.    Violations of this section shall be treated as a public nuisance and short-term rental strict liability offense regardless of intent.

6.    A violation of any provision of this section by any of the guests, owners, or operators shall constitute grounds to suspend or revoke a short-term rental license.

D.    Short-term rental license cap and density limits.

1.    License cap. The maximum number of nonhosted short-term rentals allowed throughout the City shall be 90. If the number of existing nonhosted short term rental licenses exceeds 90, new license applications shall be placed on a waiting list. Hosted short-term rental licenses are not subject to the license cap.

2.    Density limit. Upon the effective date of the ordinance codified in this section, all new nonhosted short-term rentals shall be subject to a 55-foot zone of exclusion. The 55-foot zone of exclusion shall be drawn along a horizontal plane from the proposed nonhosted short-term rental parcel boundary to the boundary of the existing nonhosted short-term rental. A property shall be ineligible to hold a short-term rental license if any part of its parcel boundary is within the 55-foot zone of exclusion of an existing short-term rental. Subject to the Director’s or his/her designee’s discretion, a property may be eligible for a short-term rental license if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the 55-foot range (i.e., a reverse ingress or egress easement creates a flag lot). No more than one nonhosted short-term rental license may be issued per parcel of record. Hosted short-term rentals shall not be subject to the density limit.

Applications for renewals of existing transient use licenses shall not be subject to the 55-foot zone of exclusion.

E.    Limits on transient use. Transient use of residential property for remuneration allowed by this section shall be subject to all of the following:

1.    Each private contract or tenancy that enables transient use shall be in writing, and identify thereon the name, address, phone number and email contact information of:

a.    The owner;

b.    The owner representative; and

c.    At least one responsible tenant occupying the transient site who shall be responsible for all limits required by this section.

2.    Each private contract or tenancy shall identify the name, address, phone number and email contact information of at least one responsible tenant who has been informed by the owner or owner representative of the occupancy, parking and other limits that apply to transient use by this section and shall be informed of residential parking and noise limits, including but not limited to Chapter 9.12, the City codes that regulate unlawful noises.

3.    Trash and refuse shall not be left stored within public view, except in proper containers for purpose of collection by the City’s authorized waste hauler.

4.    A short-term rental shall not change the residential character of the outside appearance of the residence, including color, material, lighting or any advertising mechanism, including “vacation rental” signs.

5.    Guests of the short-term rental shall comply with Chapter 9.12 regulating noise, including quiet hours between the hours of 10:00 p.m. and 7:00 a.m.

6.    The owner or owner representative for all nonhosted short-term rentals shall post in a prominent location within the short-term rental:

a.    Owner or owner representative name and telephone number;

b.    Local contact person name and telephone number;

c.    Telephone number for Seaside Code Enforcement and the Seaside Police Department;

d.    The maximum number of parking spaces available on site;

e.    Trash pick-up day and applicable rules and regulations;

f.    A copy of City of Seaside noise regulations;

g.    A copy of the Good Neighbor Brochure; and

h.    Notification that a guest, local contact person, responsible person or owner may be cited and/or fined by the City in accordance with this section.

7.    The transient use site:

a.    Shall be used and maintained in a manner consistent with the character of the neighborhood;

b.    Shall not impair the desirability of investment or occupation of the surrounding neighborhood; and

c.    Shall not have displayed thereon any sign that indicates the property is used or available for transient or short-term rental purposes.

8.    Owner and owner representative shall each use their best efforts, and respond in a reasonable and timely manner, to ensure that every occupant of the transient use site does not create or contribute to unreasonable use of the property, cause unreasonable noise or disturbance, engage in disorderly or unlawful conduct, or overcrowd the site.

9.    Local contact person shall be on call full-time (24 hours per day, seven days per week) to manage the property and shall be able to be physically present at the transient use site within 60 minutes of request during any time the property is occupied for transient use. Within 24 hours of the time an initial call is attempted, the owner, owner representative or local contact person shall use his or her best efforts to prevent the recurrence of such conduct by the occupants and take corrective action to address any violation. Failure to respond timely to two or more complaints regarding guest violations is grounds for penalties as set forth in this section. The owner, owner representative or local contact person shall be subject to all administrative, legal and equitable remedies available to the City for failing to respond within 60 minutes of request.

10.    The maximum number of occupants aged 18 or older authorized to stay overnight at any transient use site shall be two persons per bedroom, plus one additional person per short-term rental, not to exceed a maximum of nine adults under any circumstance. The City Building Official may increase or decrease the final occupancy limit permitted on the transient use site based upon the characteristics of individual transient use sites.

11.    Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify that the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street) shall not exceed the number of bedrooms included in the contract or tenancy.

12.    Amplified sound that is audible beyond the property boundaries of the transient use site is prohibited.

13.    Commercial functions and other similar events are prohibited at the transient use site.

14.    A short-term rental license application for a previously unlicensed transient use site may be approved or placed on a wait-list only if all taxes and penalties are paid in full or if a payment agreement has been signed both by the City and the applicant.

15.    The owner or owner representative shall maintain a guest log book that includes the name, phone number, home address, guest license plate number if traveling by car, dates of stay of a responsible tenant, and amount of gross rental proceeds collected. The owner or owner representative shall furnish such information to the City upon request.

F.    Short-term rental license. It is unlawful for any person to transact and carry on any business relating to or supporting the transient use of residential property in the City without first having procured a short-term rental license from the City, and paying the license fee and any other fees associated with approval of an application for a license, hereinafter prescribed, and also without complying with any and all applicable provisions of this section. A short-term rental license, however, shall not be required for any lawfully established bed and breakfast inn, motel, hotel, or timeshare development.

G.    Display of short-term rental license. The owner or owner representative shall cause a copy of the transient use license to be displayed in a prominent location within the interior of the transient use site, and shall provide a copy to each responsible tenant. Each internet or online advertisement, sign, circular, card, telephone book, or newspaper advertisement that indicates or represents a transient use site is available for transient or short-term rental purposes shall prominently display thereon the transient use license number assigned to that site by the City of Seaside.

H.    Separate properties. A separate short-term rental license shall be obtained for each separate transient use site. In all other circumstances, a separate license shall be required for each transient use site. A transient use license shall authorize the licensed owner to transact and carry on transient use of residential property only at the location and in the manner and subject to the limits designated in such license.

I.    Contents of license. Every person required to have a license under the provisions of this section shall make application to the City and tender payment of the prescribed application and license fee. Thereafter in accord with the provisions of this section the City shall issue to such person a license which shall contain the following information:

1.    The name and contact information of the owner to whom the license is issued, and the name and contact information for the owner representative, if any;

2.    The transient use site to be licensed, and whether the license is for a hosted short-term rental or a nonhosted short-term rental;

3.    The date of expiration of such license;

4.    The maximum number of occupants aged 18 or older who are authorized to stay overnight at that transient use site determined by this section or the City Building Official;

5.    The maximum number of motor vehicles allowed for use by overnight guests at that nonhosted transient use site based upon the available on-site parking as shown on the application site plan; and

6.    Such other administrative information as may be necessary for the enforcement of the provisions of this section.

J.    Application – First license. Each short-term rental license shall be in the name of the owner of the real property upon which the short-term rental use is to be licensed and shall be valid for a term expiring on June 30th each year. When a person first makes an application for a license pursuant to this section, such person shall furnish to the City a sworn affidavit upon a form provided by the City setting forth the following information:

1.    The address of the transient use site to which the license shall apply, and all places of residence of the owner(s) of the transient use site:

a.    In the event an application is made for issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning the business; or

b.    In the event an application is made for the issuance of a license to a corporation or a partnership, the application shall set forth the names and places of residence of the principal officers and all partners thereof; or

c.    In the event an application is made for the issuance of a license by a property management company, the application shall set forth the names and places of residence of the management company thereof, as well as include the property owner signature approving the application and use of the property; and

2.    Each application shall set forth such information as may be therein required by the City and deemed necessary to estimate the annual transient occupancy tax to be charged for that property; and

3.    The owner and applicant shall agree to collect and remit transient occupancy taxes on all gross receipts pertaining to the transient use site; and

4.    Each application shall identify the name, address, phone number and email contact information of the owner and the owner representative; and

5.    Each application for a license shall include a site plan and floor plan which labels each room and the structures of the property, including the number of and square footage of bedrooms and the number of off-street parking spaces; and

6.    The owner shall affirm that smoke detectors are installed on all levels in all sleeping quarters and common areas, and that fire extinguishers are accessible to protect the health and safety of the guests of the transient use site, and the applicant shall provide access and information to the fire inspector as needed to ensure health and safety for occupants of the transient use site; and

7.    A building inspection report shall be submitted to the City upon initial application and upon every other renewal period. The building inspection checklist shall be completed by a certified third-party general contractor (certified by the Contractors State License Board) or home inspector (certified by the International Association of Certified Home Inspectors). The inspection report shall use a form approved by the City. The Chief Building Official or his/her designee may conduct a follow-up inspection to ensure the accuracy of information provided to the City and inspect any deficiencies that may need correction. The applicant or short-term rental owner shall reimburse the City for all building inspection costs; payments shall be nonrefundable for applications found by the City to not be suitable or to qualify for short-term rental; and

8.    The owner or owner representative shall agree to post a City-issued placard in a location visible at the front entrance. The placard shall prominently display the owner representative’s contact information, short-term rental license number, and guest occupancy limits. It shall be the responsibility of the owner and owner representative to immediately notify the City and obtain an updated placard whenever there is change in contact information; and

9.    Upon initial short-term rental license application, the City shall notify the owners of real property located within 55 feet of the property boundaries of the transient use site. The notice shall include a statement of the maximum number of guests licensed to stay in the short-term rental, and state the short-term rental owner’s or owner representative’s contact information; and

10.    The owner and owner representative shall submit a signed City-provided acknowledgment and indemnification form agreeing to the terms and conditions of the short-term rental license; and

11.    Such further information which the City may require to enable proper administration of the license.

The applicant shall remit all required annual fees in accordance with the master fee schedule set by City Council resolution. The applicant shall agree to renew and/or amend the license in accordance with the requirements of this section, and if there is a change in any material fact stated in the application. Applications are valid until the license is issued, but not to exceed 45 calendar days, unless extended by approval of the program administrator.

K.    Renewal of license.

1.    It shall be the responsibility of short-term rental owner or owner representative to renew each short-term rental license on or before June 30th of each year. To renew a short-term rental license, the owner or owner representative shall submit the following:

a.    Short-term rental license renewal form provided by the City.

b.    List of hyperlinks for each online listing for the short-term rental.

c.    Signed affidavit affirming smoke and carbon monoxide alarms are installed and that fire extinguisher(s) are in accessible locations.

d.    A building inspection report using the form provided by the City, and obtained through a certified third-party general contractor or building inspector. A building inspection report shall be required upon every other short-term rental license renewal application.

e.    Owner acknowledgment and indemnification form.

f.    Payment of all applicable fees.

2.    Notwithstanding the above, short-term rental licenses which are issued less than 60 days from the expiration date of said license shall be automatically renewed for the following year without need to submit any application. Any fees due for the following year shall be due at the time the initial short-term rental license is issued.

3.    In addition to other reasons, any of the following factors is grounds for nonrenewal of a short-term rental license:

a.    Incomplete application.

b.    Failure to demonstrate the short-term rental license number is displayed in all the online listings or failure to provide hyperlinks of each online listing to the city.

c.    Failure to remit payment to the city at the time the short-term rental license renewal application is submitted.

d.    The short-term rental does not pass the building inspection, or the building inspection report identifies an unsafe condition.

e.    Nonhosted short-term rental license holder fails to provide evidence of at least one documented short-term rental stay during the preceding 90 days, or three documented stays during the preceding 180 days, or six documented stays in the year prior to the short-term rental renewal application.

f.    Evidence of two or more verified violations of the City Code during the preceding 12 months.

g.    Failure to demonstrate all transient occupancy tax payments are current as of the date of approval of the renewal application.

L.    Change to license information.

1.    A request to amend any information provided on the license issued pursuant to this section shall be made within 14 days of any change of owner, a change of the owner representative, a change in any material fact upon which the license was issued, or if any other person acquires an ownership interest in the transient use site.

2.    The owner or owner representative shall immediately (no later than 14 days) inform the city of any change in the contact information or a change in any material fact upon which the STR license was issued.

M.    Evidence of transient use of residential property. When any owner, owner representative, or other person makes use of internet services, signs, circulars, cards, telephone books, or newspapers and/or advertises, holds out, or represents that he or she allows transient use of residential property in the City, and such person fails to provide a sworn affidavit to the City that he or she does not allow transient use of residential property in the City after being requested to do so by the City, then such information shall be considered prima facie evidence that he or she is conducting a business in the City by allowing transient use of residential property. Until proper evidence to the contrary is presented to the City, the City shall be entitled to presume that the property is being used as a short-term rental and is required to obtain a license as required by this section, and/or that the transient use of residential property has occurred at the subject property.

N.    Statement and records. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of such statement keep the City from collecting by appropriate action taxes and/or fees that are due and payable hereunder. In the event that the City deems it necessary, the City may require that an already licensed owner, or applicant for a license, submit verification of financial information necessary to calculate the transient occupancy tax due, or, at the option of the already licensed owner or applicant, authorize the City to examine records or business transactions to compute the transient occupancy tax that is owed.

O.    Failure to file statement or corrected statement. If any person fails to file any required statement within the time prescribed, or if after demand therefor made by the City the licensed owner or applicant fails to file a corrected statement, or if any person subject to the tax imposed by this section fails to apply for a license, the City may determine the amount of tax due from such person by means of such information as City may be able to obtain and shall give written notice thereof to such person. Delinquent payment shall be subject to penalties calculated in the same manner as set forth in Chapter 3.24.

P.    Transient occupancy tax. The owner or owner representative shall comply with all the requirements of Chapter 3.24 (Transient Occupancy Tax). For the purposes of Section 3.24.010, a short-term rental shall qualify as a hotel. The City Manager or designee shall be responsible for the enforcement of the provisions of Chapter 3.24. Transient occupancy tax collected for short-term rentals shall be set aside in a separate fund account.

Q.    Appeal of tax. Any person aggrieved by any decision of the City with respect to the amount of the transient occupancy tax or fees associated therewith may appeal to the Administrative Enforcement Hearing Office Panel by filing a notice of appeal with the City Clerk within 15 calendar days after receipt of written notice from the City. The Hearing Officer assigned by the Panel shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person of the time and place of hearing by serving it personally or by depositing in the United States Post Office at Seaside, California, postage prepaid, addressed to such person at his or her last known address. The Hearing Officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this section.

R.    Additional power of City. In addition to all other power conferred upon the City Manager, he or she shall have the power, for good cause shown:

1.    To extend the time for filing any required sworn affidavit or application for a period not exceeding 30 days, and in such case to waive any penalty that would otherwise have accrued; and

2.    Whenever any fee, tax or penalty pursuant to this section is due and payable but has not been satisfied in full within 90 days and/or has not been successfully deposited by a timely writ of mandate, such amounts shall constitute a lien against the real property, and be subject to the processes set forth in the SMC.

S.    License nontransferable. Each transient use license shall be nontransferable to any other person, except that transfer of ownership shall be allowed between spouses. Each transient use license shall be nontransferable to any other location. No STR license shall be assignable, and shall not be transferred upon sale or other transfer of the property.

T.    License denial or revocation. Any application for a license may be denied, and any license issued pursuant to this section may be revoked. Substantial evidence shall be presented as to why the application should be denied or the license should be revoked for any reasons, including but not limited to:

1.    A false material statement or misrepresentation has been made in, or in support of, the application;

2.    A change occurs in any material fact upon which the license was issued that has not been reported to the City as a change to the required license content within 14 days;

3.    The transient use site, or any other location owned by the owner or applicant, has been the site of a violation of any provision of law, or otherwise fails to meet sanitation or health standards of the neighborhood, within the 12 months immediately preceding;

4.    The owner, owner representative, or applicant has been convicted of any crime involving moral turpitude;

5.    The owner, owner representative, or applicant has failed to timely respond to two or more complaints within the 12 months immediately preceding; or

6.    The owner, applicant, guest, or any occupant of a transient use site regularly engages in disorderly conduct, violates provisions of this code or any state law pertaining to noise, disorderly conduct, or uses illegal drugs.

7.    The short-term rental has outstanding administrative penalties or the short-term rental owner or owner representative owes past-due transient occupancy taxes (TOT) for prior short-term rental use; or

8.    The property under present ownership has previously been used as short-term rental without a short-term rental license, unless all taxes and penalties have been either paid in full or will be paid subject to a payment agreement signed both by the City and the applicant.

U.    Appeal of revocation or suspension. Any person who has been denied a license or to whom notice of revocation or suspension of a license has been mailed may appeal to the Administrative Enforcement Hearing Panel under Chapter 2.58, pursuant to a request for hearing under Chapter 2.58. Notice of the proceeding shall conform to Section 2.58.080, and the hearing shall conform to the process set in Section 2.58.090. The Hearing Officer shall have authority to determine all questions raised by such appeal; provided, however, that no such determination shall conflict with any substantive provision of this section. Any applicant or license holder whose license shall have been denied or revoked shall be ineligible for a two-year period from applying for a new license. No person whose license has been revoked shall continue to engage in, or carry on, the activity for which the license was granted unless and until such license has been reinstated or reissued. The decision of the Hearing Officer shall be final. Notice of the decision, and the opportunity for judicial review, shall conform to Section 2.58.180.

V.    Penalties. Penalties as set forth in Chapter 2.58 and Section 17.80.050 may be imposed for failure to comply with the provisions of this section, with respect to:

1.    Any owner, owner representative, or person who transacts or carries on any activity relating to or supporting the transient use of residential property in the City without first having procured and complied with a transient use license from the City to do so, and paying all applicable license fees, shall be subject to administrative penalties as set forth in Chapter 2.58 and Section 17.80.050, including administrative penalties imposed by a Hearing Officer for violation of any provisions of this code in an amount not to exceed a maximum of $2,500 per day for each continuing violation, exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations, and/or forfeiture of all rents received during the period transient use was allowed without a transient use license, whichever amount is greater;

2.    Any owner, owner representative, or person who carries on any activity that advertises to the surrounding neighborhood that the site has been licensed to allow, or is used for, transient occupancy, and who has failed to timely remedy this violation in response to two or more complaints, shall be subject to administrative penalties;

3.    Any owner, owner representative, responsible tenant or person who allows a transient use site to be used or maintained in a manner detrimental to the peace, public health, safety or general welfare of persons or property of the neighborhood or the public, and fails to timely remedy this violation in response to two or more complaints;

4.    Any owner, owner representative, responsible tenant or person who allows impermissible or inappropriate behavior at the transient use site or action that exceeds the limits on transient use following two or more complaints;

5.    Limits upon administrative penalties in Chapter 2.58 and Section 17.80.050 shall not apply to any violation of this section.

W.    Liens. Whenever the amount of any penalty forfeiture and/or administrative cost imposed by a Hearing Officer pursuant to this section or to Section 2.58.170 has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation shall constitute a lien against the real property on which the violation occurred, and be subject to the processes set forth in Chapter 2.58.

X.    Administrative policy. The City Manager or his/her designee shall have the authority to develop administrative policies and procedures to implement the intent of this chapter. (Ord. 2016 § 2 (Exh. A), 2022; Ord. 1084 § 3 (Att. A), 2020; Ord. 1053 §§ 2, 3, 2018)

A.    Intent. The City Council finds that timeshare projects are a visitor-serving use and differ from other transient visitor facilities in terms of the type of construction, form of ownership, pattern of use and occupancy, and commercial management. The Council determines that the unique features of timeshare projects can have effects on both the areas surrounding such use and the City as a whole. Therefore, this chapter is adopted to protect the health, safety, and welfare of the public by providing development standards and procedural and other regulations for timeshare projects within the City.

B.    Definitions. As used in this chapter, the following terms shall have the following meanings:

1.    Defined portion. A portion of a timeshare unit that is designed and constructed to be occupied by one or more persons separate and apart from a person or persons occupying the remainder of the timeshare unit. The term “defined portion” includes each portion of the timeshare unit that has facilities for sleeping and sanitation which can be physically secured (locked-off) from another area within the timeshare unit that also has facilities for sleeping and sanitation, each of which shall have a separate entrance.

2.    Lock-off unit. A timeshare unit designed to be locked off into defined portions.

3.    Timeshare interest. A purchaser’s right to use or occupancy in a timeshare project that may be coupled with an estate in the real property, or that may constitute a license or contractual or membership right of occupancy which is not coupled with an estate in the real property.

4.    Timeshare program. The program for use of a timeshare project, established by the documents governing the timeshare project.

5.    Timeshare project. A project in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of one or more lots, parcels, units, or segments of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided; provided, that such project has been divided into 12 or more rights to use or occupancy. A timeshare project may be a portion of a larger project.

6.    Timeshare unit. An overnight dwelling accommodation within a timeshare project, which accommodation may or may not contain a kitchen or other cooking facilities.

7.    Timeshare use. A timeshare project.

C.    Permitted zones. A timeshare project shall be permitted in any zoning district in which the regulations for the district allow timeshare projects or timeshare uses as a conditional use. Timeshare projects shall be prohibited in all other districts of the City.

D.    Conditional Use Permit. A timeshare project shall be permitted upon approval of a Conditional Use Permit by the Commission pursuant to Section 17.62.070 and the provisions of this chapter.

E.    Application requirements. An application for a Conditional Use Permit for a timeshare project shall be accompanied by the following.

1.    The appropriate fee for the filing and processing of a timeshare project application, as established by resolution of the City Council.

2.    Any information which may be required by the provisions of the underlying zoning district regulations.

3.    The following information and documentation regarding the timeshare project:

a.    A description of the timeshare project’s physical characteristics, including:

(1)    A site plan at a scale of one inch is equal to 100 feet (or as otherwise approved by the Planning Director), including a location map, showing the proposed improvements, location of structures, vehicular ingress and egress, parking areas, site boundary, and legal description of the site.

(2)    Typical floor plans and elevations (all sides) for each type of timeshare unit.

(3)    A conceptual landscape and signage plan.

(4)    A statistical summary for the timeshare project, including the number of timeshare units broken out by type (e.g., one-bedroom, two-bedroom, lock-off), the total acreage of the land on which the timeshare project is proposed to be located, unit density, and the number of parking spaces provided.

b.    A description of the proposed phasing of the construction of the timeshare project, and, if the timeshare project is a component of a larger project, an estimate of the proposed phasing of the timeshare project in relationship to the whole. Nothing in this subsection shall imply that the actual phasing of the timeshare project or its phasing within the whole project may not be modified at a later date, provided phase changes are within the phase limits set forth on the subdivision map for the project.

c.    A description of the proposed timeshare program for the timeshare project, including:

(1)    The type of timeshare interests to be created (e.g., fee simple, license, or membership).

(2)    The total number of timeshare interests included in the timeshare project and the number of timeshare interests per timeshare unit.

(3)    The identification of which units are included in the timeshare program, as well as any units which are not included in the timeshare program.

(4)    The method whereby timeshare units may be added to, deleted from, or substituted into the timeshare program.

(5)    A description of any ancillary uses or facilities which are proposed in conjunction with the timeshare project.

(6)    A description of the proposed availability of the timeshare project, including ancillary uses, to the general public (e.g., exchange program, reservation system, or direct rental).

(7)    Identification of the provisions proposed for management and maintenance of the timeshare project, including the methods to be used to provide a continuous and satisfactory level of on-site management and maintenance, and the identification of an initial contact person and/or managing agent responsible for the day-to-day operation of the timeshare project.

(8)    A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the timeshare project.

(9)    The formula, fraction, or percentage of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, for each unit within the timeshare project which is not subject to the timeshare program.

(10)    Any restrictions on the use, occupancy, alteration, or alienation of the timeshare units.

d.    Such other information deemed necessary by the Planning Department.

F.    Development standards.

1.    Timeshare projects must comply with all development standards for the zoning district in which they are located, except that off-street parking space requirements shall be as set forth in Subsection F.2 of this section.

2.    Off-street parking space requirements for timeshare projects shall be provided as follows:

a.    For a timeshare unit containing two or fewer bedrooms, other than a lock-off unit, one parking space shall be provided for each timeshare unit.

b.    For a lock-off unit containing two or fewer bedrooms, one and one-half parking spaces shall be provided for the entirety of all defined portions of the lock-off unit, or such other lower number of spaces for each lock-off unit shall be provided as may be approved by the Commission based on substantial evidence in the record.

c.    For a timeshare unit containing three or more bedrooms, including a lock-off unit, two parking spaces shall be provided for each timeshare unit.

d.    Employee parking shall be provided for timeshare projects in the ratio of one parking space for every three employees employed in the timeshare project.

3.    Any requirements of Chapter 17.34 (Parking and Loading) which are not in conflict with the provisions of this section shall apply to timeshare projects.

G.    Conversions prohibited. Conversions of existing structures to timeshare projects are prohibited.

H.    Findings. The Planning Commission may approve, conditionally approve, or deny an application for a Conditional Use Permit for a timeshare project. No application for a Conditional Use Permit for a timeshare project shall be approved unless the Commission makes the following findings regarding the application, in its final submitted form or as conditioned, in addition to the findings required by Section 17.62.070:

1.    The timeshare project satisfies the requirements of this chapter;

2.    The timeshare project is compatible with adjacent land uses;

3.    The timeshare project is consistent with the goals and policies of the General Plan; and

4.    The timeshare project will not adversely impact public facilities or City services, including, but not limited to, available sewer capacity, water supply, energy use, traffic congestion, and police and fire protection.

I.    Conditions of approval.

1.    Upon granting a Conditional Use Permit for a timeshare project, the Commission shall impose the following conditions of approval upon the timeshare project:

a.    The applicant shall submit to the City all California Department of Real Estate application forms for the timeshare project concurrently with the applicant’s submittal of such forms to the California Department of Real Estate;

b.    Prior to the applicant’s submittal of the following agreements and documents to the California Department of Real Estate, the applicant shall submit copies of such documentation, as applicable, to the City for review and determination by the City Attorney that the documentation is consistent with the City’s conditions of approval for the timeshare project: the declaration of covenants, conditions, and restrictions, articles of incorporation, bylaws, maintenance agreements, management agreements, membership or license agreements, and reservation system affiliation agreements for the timeshare project;

c.    Upon the applicant’s receipt of “deficiency” or “completeness” application letters and conditional or final subdivision public reports for the timeshare project from the California Department of Real Estate, the applicant shall submit such documents to the City;

d.    No timeshare interests in a timeshare project shall be sold or offered for sale until after the earlier of the California Department of Real Estate’s issuance of a conditional or final subdivision public report authorizing the sale or offering for sale of timeshare interests in the timeshare project, or such other authorization for sale or offering for sale of timeshare interests in the timeshare project as provided under California law.

2.    The Commission may impose such additional conditions of approval as it determines necessary to protect the public health, safety, and welfare. In determining the additional conditions of approval to impose upon a Conditional Use Permit for a timeshare project, the Commission shall, at a minimum, consider the following:

a.    The impact of timesharing on present and future City services, and on services provided by special districts;

b.    Consistency with the goals and policies of the General Plan, applicable zoning regulations, and Building and Fire Codes;

c.    The adequacy of proposed landscape and signage plans;

d.    The adequacy of traffic circulation and parking for residents, guests, prospective purchasers, employees, and personnel;

e.    The methods to be employed to provide a continuous and satisfactory level of on-site management and maintenance for the timeshare project; and

f.    Any other factors deemed relevant and any other information which the Commission considers necessary.

A.    The construction and installation of a wind turbine within City limits must first apply for and be granted a Conditional Use Permit from the Planning Commission.

B.    Notice of an application for installation of a small wind turbine shall be provided to property owners within 300 feet of the property on which the system is to be located.

C.    Tower heights of not more than 65 feet shall be allowed on parcels between one and five acres and tower heights of not more than 80 feet shall be allowed on parcels of five acres or more; provided, that the application includes evidence that the proposed height does not exceed the height requirements of the manufacturer or distributor or of the system.

D.    Setbacks for the system shall be no closer from the property line than the height of the system; provided, that it also complies with any fire setback requirements pursuant to Section 4290 of the Public Resources Code.

E.    Decibel levels for the system tower shall not exceed the lesser of 60 decibels (DBA) as measured at the closest neighboring inhabited dwelling, except during short-term events such as utility outages and severe wind storms.

F.    The system’s turbine must have been approved by the California Energy Commission as qualifying under the emerging renewables fund of the California Energy Commission’s renewables investment plan or certified by a national program recognized by the Energy Commission.

G.    The application shall include standard drawings and an engineering analysis of the system’s tower, showing compliance with the California Building Code or the California Building Standards Code and certification by a professional mechanical, structural, or civil engineer licensed by this state. However, a wet stamp shall not be required; provided, that the application demonstrates that the system is designed to meet the most stringent wind requirements (California Building Code wind exposure D), the requirements for the worst seismic class (Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot, or other relevant conditions normally required by the City. The application shall include a line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the National Electric Code.

H.    The system shall comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the state Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

I.    The applicant shall provide information demonstrating that the system will be used primarily to reduce on-site consumption of electricity.

J.    The application shall include evidence, unless the applicant does not plan to connect the system to the electricity grid, that the electric utility service provider that serves the proposed site has been informed of the applicant’s intent to install an interconnected customer-owned electricity generator. (Ord. 1044 § 2, 2017; Ord. 1025 § 19, 2015; Ord. 905 § 2, 2002)

This chapter establishes development standards consistent with federal law to regulate the placement and design of communication facilities so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of communication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced communication services within the City.

The technical terms and phrases used in this chapter are defined in Article 7 (Glossary) under “Telecommunications Facility.”

The requirements of this chapter shall apply to all communications facilities within the City, except the following, which are exempt from these requirements. Each communication facility shall also comply with all applicable requirements of state and federal law.

A.    Replacement or modification of a previously permitted facility or equipment determined by the Director to be of a minor nature that does not increase the number or height of antennas or significantly change or enlarge the related equipment at the site.

B.    An antenna that is one meter (39.37 inches) or less in diameter or diagonal measurement, that is designed:

1.    To receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Code of Federal Regulations Title 47, and any interpretive decisions thereof issued by the Federal Communications Commission; or

2.    For subscribing to a multipoint distribution service.

C.    A satellite earth station (SES) antenna of two meters (78.74 inches) or less in diameter or diagonal measurement, located in a commercial zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas may require a Building Permit and approval of the placement by the Director to ensure safety, and to avoid tripping hazards and the creation of an attractive nuisance, shall be placed whenever possible on the top of buildings as far from the edge of rooftops as possible.

D.    A collocation facility where an existing wireless telecommunications collocation facility on which the collocation facility is proposed was subject to a discretionary permit by the City and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted, for the wireless telecommunications collocation facility in compliance with the California Environmental Quality Act (Division 13, commencing with Section 21000, of the Public Resources Code). See Section 65850.6 of the California Government Code.

A.    Use Permit or Minor Use Permit. Use Permit approval is required for all communication facilities subject to this chapter, except for the following, which shall require Minor Use Permit approval. The Director shall ensure through the Minor Use Permit approval that each of the following facilities complies with all applicable requirements of this chapter:

1.    An antenna that is installed, placed, and maintained under the roofline of an existing structure, or behind and below an existing approved roof screen and does not extend above the highest point of the structure, or is camouflaged within an existing structure and not visible from off the site.

2.    A communication facility in which the antenna is mounted on a mast less than 10 feet high, is not located on an historic structure, and is not visible from a public right-of-way.

3.    An amateur and/or citizens band antenna operated by a person holding a license issued by the FCC in compliance with 47 CFR Part 97, and used solely in connection with that license, and which shall be subject to the “minimum practicable regulation to accomplish the local authority’s legitimate purpose,” in keeping with the order of the FCC known as “PRB-1,” FCC 85-506, released September 19, 1985; provided, that there shall be no more than one antenna support structure on a single parcel and that the antenna structure complies with the height limits of the applicable zone.

B.    Application requirements. In addition to the information required for Use Permit or Minor Use Permit application by Chapter 17.60 (Permit Application Filing and Initial Processing) the application for a communication facility shall include:

1.    Certification acceptable to the Director that the proposed facility will at all times comply with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation; and

2.    A report, as required by the Police Department, to evaluate the potential for interference (e.g., HF, UHF, VHF, 800 mHz). The applicant shall be responsible for paying any costs incurred by the City, including the costs of retaining consultants, to review and analyze the report.

C.    Master Use Permit. A service provider who intends to establish multiple wireless telecommunications facilities within the City is encouraged to apply for the approval of all facilities under a Master Use Permit. Under this approach, all proposed facilities may be acted upon by the City as a single application, ensuring feasibility of long-range company projections.

D.    Communications consultant may be required. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be required to determine the engineering or screening requirements of a specific wireless communications facility. This service shall be provided at the applicant’s expense.

E.    Findings required for approval. The approval of a Use Permit or Minor Use Permit for a communication facility shall require that the review authority first make the following findings, in addition to those required for Use Permit approval by Section 17.62.070 (Use Permit and Minor Use Permit):

1.    The communication facility complies with all applicable requirements of this chapter; and

2.    The communication facility will not adversely impact the character and aesthetics of any public right-of-way.

A.    Zone priorities. A communication facility shall be located only within a PI (Public/Institutional) zone as a first priority; except that the review authority may approve a facility within a residential or commercial zone if it first determines that the applicant has demonstrated that all PI zoned sites are infeasible, and that there is no site within a PI zone where the communication facility would provide adequate coverage.

B.    Colocation required. A new communication facility shall be colocated with existing facilities and with other planned new facilities whenever feasible, and whenever determined by the review authority to be aesthetically desirable. A service provider shall colocate a new communication facility with non-communications utility facilities (e.g., light standards, water tanks, and other utility structures) where the review authority determines that this colocation will minimize the overall visual impact.

1.    A service provider shall exhaust all reasonable measures to colocate their communications facilities on existing towers or with or within existing ancillary support equipment facilities before applying for a new communication facility site.

2.    Each service provider shall provide the City with evidence that they have contacted all other potential providers who have or who are reasonably likely to be installing facilities within the vicinity of the proposed facility and have offered to participate in a joint installation project on reasonable terms.

3.    In order to facilitate collocation, Use Permit conditions of approval for a new facility shall require each service provider to cooperate in the siting of equipment and antennas to accommodate the maximum number of operators at a given site where determined by the review authority to be feasible and aesthetically desirable.

C.    City-owned property. A communication facility shall not adversely affect the public health, peace, safety or welfare. In order to best benefit the citizens of Seaside from this necessary community impact, the Commission shall always consider City-owned sites as the highest priority for the location of communication facilities.

Each proposed communication facility shall comply with the following standards; except that any standard may be modified or waived by the review authority upon a determination that effective signal reception and transmission will not occur if the facility complies with these standards:

A.    Facility placement.

1.    Standards for all facilities.

a.    A roof-mounted antenna on a structure that complies with applicable height limits shall be set back from the nearest roof edge the equivalent of the height of the tower or a minimum of 10 feet, whichever is greater.

b.    A ground-mounted communication facility (including towers and antennas) shall be located as far as possible from all property boundaries, and set back from the property line at a ratio of one and one-half horizontal feet for every one foot of height, where feasible.

c.    A tower or antenna shall be set back from any site boundary or public right-of-way by a minimum of 25 feet. No part of any tower shall extend into a required front setback or beyond a property line of the site.

d.    Communication facilities other than towers and antennas shall be located either within a structure, underground, in a rear yard (not visible from a public right-of-way) or on a screened roof top area. A ground-mounted facility that is located within a front or side setback or within a public right-of-way shall be underground so that the facility will not detract from the image or appearance of the City.

2.    Facilities within commercial zones. A tower within a commercial zone shall be separated by a minimum distance of 500 feet from any other tower, and there shall be no more than two towers on a single assessor’s parcel or developed site, unless the towers are located on a public facility as described in Subsection A.1 of this section.

B.    Height limitations.

1.    All ground-mounted communications equipment, antennas, poles, or towers shall be of a minimum functional height.

2.    The height of a tower located on the ground shall not exceed 60 feet in the PI zone and 40 feet in a commercial zone. The review authority may grant an exception to allow towers of up to 80 feet where the review authority determines that the increased height is necessary for adequate coverage, and the tower will colocate service providers.

3.    The height of a communications facility located on a structure other than a dedicated support tower shall not exceed 20 feet above the highest point of the structure and shall at no time exceed the height allowed by the subject zoning district.

4.    An antenna mounted on the side of a structure shall not extend above the structure’s parapet so that it is visible from below against the sky.

Figure 4-1 – Telecommunication Tower Height Limits

C.    Colors and materials. All antennas, poles, towers, or equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna’s background color. All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.

D.    Screening, landscaping. All ground-mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground-mounted facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Director or by the Commission. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator’s coverage objectives.

E.    Additional screening and landscaping. As part of project review, the Director, the Commission, or the Council (on appeal) may require additional screening and/or landscaping, undergrounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to public rights-of-way.

F.    Power lines. All power lines to and within a communication facility site shall be underground.

G.    Backup power supplies. A backup power supply (i.e., generator) shall be enclosed within a structure and screened as required by review authority. Ancillary power supplies and fuel storage tanks to support backup power supplies shall require Use Permit approval.

A.    Contact and site information. The owner or operator of any facility shall submit and maintain current at all times basic contact and site information. The applicant shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include the following:

1.    Identity, including name, address, and telephone number, and legal status of the owner of the facility including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

2.    Name, address, and telephone number of a local contact person for emergencies;

3.    Type of service provided; and

4.    Identification signs, including emergency phone numbers of the utility provider, shall be posted at all communication facility sites.

B.    Facility maintenance. All communication facilities and related equipment, including lighting, fences, shields, cabinets, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. Graffiti shall be removed by the service provider from any facility or equipment as soon as practicable, and in no instances more than 48 hours from the time of notification by the City.

C.    Landscaping maintenance. All trees, foliage, and other landscaping elements on a communication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible. Amendments or modifications to the landscape plan shall require approval by the Director. The Commission may also require a landscape maintenance agreement.

D.    Noise. Each communication facility shall be operated so as to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line.

E.    Site inspection required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this chapter.

F.    Exterior lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated and off site glare is fully controlled. Light fixtures shall be low wattage, hooded, and downward directed.

All equipment associated with a communication facility shall be removed within 30 days of the discontinuance of the use and the site shall be restored to its original pre-construction condition, subject to the approval of the Director. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.

A.    The City of Seaside intends this chapter to establish reasonable, uniform and comprehensive standards and procedures for small cell wireless facilities deployment, construction, installation, collocation, modification, operation, relocation and removal within the City’s jurisdictional and territorial boundaries, consistent with and to the extent permitted under federal and California state law. The standards and procedures contained in this chapter are intended to and should be applied to protect and promote public health, safety and welfare, and balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods and community. This chapter is also intended to reflect and promote the community interest by the following:

1.    Ensuring that the balance between public and private interests is maintained;

2.    Protecting the City’s visual character from potential adverse impacts and/or visual blight created or exacerbated by small cell wireless facilities and related communications infrastructure;

3.    Protecting and preserving the City’s environmental resources;

4.    Protecting and preserving the City’s public rights-of-way and municipal infrastructure located within the City’s public rights-of-way; and

5.    Promoting access to high-quality advanced wireless services for the City’s residents and businesses and visitors.

B.    This chapter is not intended to, nor shall it be interpreted or applied to:

1.    Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;

2.    Prohibit or effectively prohibit any entity’s ability to provide any telecommunications service, subject to any competitively neutral and nondiscriminatory rules, regulations or other legal requirements for rights-of-way management;

3.    Unreasonably discriminate among providers of functionally equivalent personal wireless services;

4.    Deny any request for authorization to place, construct or modify personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such wireless facilities comply with the FCC’s regulations concerning such emissions;

5.    Prohibit any collocation or modification that the City may not deny under federal or California state law;

6.    Impose any unreasonable discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or

7.    Otherwise authorize the City to preempt any applicable federal or California law. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Undefined terms. Undefined phrases, terms or words in this section will have the meanings assigned to them in 1 U.S.C. Section 1, as may be amended or superseded, and, if not defined therein, will have their ordinary meanings. If any definition assigned to any phrase, term or word in this section conflicts with any federal or state-mandated definition, the federal or state-mandated definition will control.

B.    Defined terms.

1.    “Antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b), as may be amended or superseded.

2.    “Arterial street” means a street designed to feed through traffic to freeways, provide access to adjacent land uses – mostly at intersections – and feature traffic control measures. The term “arterial street” as used in this chapter is defined in the City of Seaside General Plan, Circulation Element.

3.    “Collector street” means a street designed to provide access to adjacent land uses and feed local traffic to arterials. The term “collector street” as used in this chapter includes collectors and residential collectors as defined in the City of Seaside General Plan, Circulation Element.

4.    “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g), as may be amended or superseded.

5.    “Community Development Director” means the Community Development Director or his/her designee and shall be the City official responsible for reviewing applications for small cell permits and after Zoning Administrator permit approval, vested with the authority to make modifications to permit conditions as provided in this chapter.

6.    “Concealed” or “concealment” means concealing techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique. Camouflaging concealment techniques include but are not limited to:

a.    Antennas mounted within a radome above a streetlight;

b.    Equipment cabinets in the public rights-of-way painted or wrapped to match the background; and

c.    Cables and wiring concealed within a shroud and/or routed internally through the support structure.

7.    “Decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.

8.    “FCC” means the Federal Communications Commission or its duly appointed successor agency.

9.    “FCC shot clock” means the presumptively reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC, and as may be amended and superseded.

10.    “Ministerial permit” means any City-issued nondiscretionary permit required to commence or complete any construction or other activity subject to the City’s jurisdiction. Ministerial permits may include, without limitation, any building permit, construction permit, electrical permit, encroachment permit, excavation permit, traffic control permit and/or any similar over-the-counter approval issued by the City’s departments.

11.    “Pedestrian” means a person on foot or who uses a conveyance such as roller skates, skateboard, etc., other than a bicycle. A pedestrian can also be a person with a disability using any necessary means of conveyance for transportation.

12.    “Personal wireless services” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded.

13.    “Personal wireless services facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded.

14.    “RF” means radio frequency or electromagnetic waves.

15.    “Section 6409” means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act 012012, Pub.- L No. 112-96, 126 Stat 156, codified as 47 U.S.C. § 1.455(a), as may be amended or superseded.

16.    “Small cell wireless facility” or “small cell wireless facilities” means the same as defined by the FCC in 47 C.F.R. § 1.6002 as may be amended or superseded.

17.    “Tower” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(9), as may be amended or superseded.

18.    “Zoning Administrator” means the Community Development Director or his/her designee and shall be the City official responsible for conducting the public hearing and other duties as provided in this chapter. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Applicable facilities. Except as expressly provided otherwise in this chapter, the provisions in this chapter shall be applicable to all existing small cell wireless facilities and all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove or otherwise deploy small cell wireless facilities within the public rights-of-way or on private property within the City’s jurisdictional and territorial boundaries.

B.    Small cell permit. A small cell permit (see Planning Department Fee Schedule), subject to the Community Development Director’s prior review and approval, is required for any small cell wireless facility proposed on an existing, new or replacement structure.

C.    Request for approval pursuant to Section 6409. Notwithstanding anything in the chapter to the contrary, requests for approval to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted pursuant to Section 6409 will be subject to the current FCC rules and regulations “eligible facilities requests” as defined by the FCC and as may be amended or superseded.

D.    Other permits and approvals. In addition to a small cell permit, the applicant must obtain all other permits and regulatory approvals as may be required by any other federal, state or local government agencies, which includes without limitation any ministerial permits and/or other approvals issued by other City departments or divisions. All applications for ministerial permits submitted in connection with a proposed small wireless facility must contain a valid small cell permit issued by the City for the proposed facility. Any application for any ministerial permit(s) submitted without such small cell permit may be denied without prejudice. Furthermore, any small cell permit granted under this chapter shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Fees and deposits submitted with application(s). For all small cell wireless facility applications, application fee(s) shall be required to be submitted with any application, as established by City Council resolution and in accordance with California Government Code Section 50030 and all other applicable laws and regulations. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a small cell wireless facility unless paid as a refundable deposit.

B.    Costs. Objectively reasonable costs of City staff, consultant and attorney time (including that of the City Attorney) pertaining to the review, processing, noticing and hearing procedures directly attributable to a small cell wireless facility shall be reimbursable to the City. To this end, the Community Development Director, as applicable, may require applicants to enter a trust/deposit reimbursement agreement, in a form approved by the City Attorney, or other established trust/deposit accounting mechanism for purposes of obtaining an applicant deposit from which the direct costs of City processing of an application may be drawn down; provided, however, that any such agreement shall include an obligation by the City to return any unused funds to the applicant upon the final decision by the City or withdrawal of the application by the applicant.

C.    Independent expert. The City Council authorizes the Community Development Director to, in the Director’s discretion, select and retain an independent consultant with specialized training, experience and/or expertise in telecommunications issues satisfactory to the Community Development Director in connection with any permit application. The Community Development Director may request an independent consultant review on any issue that involves specialized or expert knowledge in connection with wireless facilities deployment or permit application for wireless facilities which include without limitation:

•    Permit application completeness and/or accuracy, including performing a drive test or other form of reception testing to determine whether the proposed facility is necessary to achieve the applicant’s objectives as may be required in order to determine the necessity of an exception;

•    Pre-construction planned compliance with applicable regulations for human exposure to RF emissions;

•    Post-construction actual compliance with applicable regulations for human exposure to RF emissions;

•    Whether and to what extent a proposed project will comply with applicable laws;

•    The applicability, reliability, and/or sufficiency of any information, analyses or methodologies used by the applicant to reach any conclusion about any issue with the City’s discretion to review; and

•    Any other issue identified by the Director that requires expert or specialized knowledge, including without limitation any issues related to an exception requested by the applicant.

    Until such a time as the City hires staff possessing specialized expertise described In this subsection, the City generally may be required to hire an independent consultant in connection with any application. The Community Development Director may request that the independent consultant prepare a written report, testify at public meetings, hearings and/or appeals and attend meetings with City staff and/or the applicant.

    Subject to applicable law, in the event that the Community Development Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include without limitation any costs incurred by the independent consultant to attend and participate in any meetings or hearings. Before the independent consultant may provide any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the services to be provided.

    The Community Development Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for the consultant’s services, the Community Development Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Community Development Director or his/her designee. If the reasonable costs for the independent consultant’s services exceed the deposit, the Community Development Director shall invoice the applicant for the balance. The City shall not issue any construction or encroachment permit to any applicant with any unpaid deposit requests or invoices. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Small cell permit application contents. All applications for a small cell permit must include all the information and materials required in this subsection.

1.    Application form. The applicant shall submit a complete, duly executed small cell permit application on the then-current form prepared by the Community Development Director.

2.    Application fee. The applicant shall submit the applicable small cell permit application fee established in Subsection 17.55.040.A. Batched applications must include the applicable small cell permit application fee for each small cell wireless facility in the batch. If no small cell permit application fee has been established, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 30 days after the City issues a written demand for reimbursement.

3.    Construction drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholds, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings must:

a.    Contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number and physical dimensions;

b.    Identify all structures within 750 feet from the proposed project site and call out such structures’ overall height above ground level;

c.    The weight of all structures, antennas and other equipment placed upon the poles;

d.    Depict the applicant’s plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and

e.    Demonstrate that the proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders.

4.    Site survey. For any small cell wireless facility, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within 50 feet from the proposed project site, which includes without limitation all:

a.    Traffic lanes;

b.    All private properties and property lines;

c.    Above- and below-grade utilities and related structures and encroachments;

d.    Fire hydrants, roadside call boxes and other public safety infrastructure;

e.    Streetlights, decorative poles, traffic signals and permanent signage;

f.    Sidewalks, driveways, parkways, curbs, gutters and storm drains;

g.    Benches, trash cans, mailboxes, kiosks and other street furniture; and

h.    Existing trees, planters and other landscaping features.

5.    Photo simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed small cell wireless facility in context from at least three vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point. At least one simulation must depict the small cell wireless facility from a vantage point approximately 50 feet from the proposed support structure or location.

6.    Project narrative and justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a “small cell wireless facility” as defined by the FCC in 47 C.F.R. § 1.6002(1). A complete written narrative analysis will state the applicable standard and all the facts that allow the City to conclude the standard has been met; bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include (a) whether and why the proposed support is a “structure” as defined by the FCC in 47 C.F.R. § 1.6002(m); and (b) whether and why the proposed wireless facility meets each required finding for a small cell permit as provided in Subsection 17.55.070.C.

7.    RF compliance report. The applicant shall submit an RF exposure compliance report that certifies that the proposed small cell wireless facility, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the City. The RF report must include the actual frequency and power levels (in watts effective radiated power) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

8.    Public notices. The applicant shall reimburse the City for the cost of preparing and mailing and posting public notices.

9.    Regulatory authorization. The applicant shall submit evidence of the applicant’s regulatory status under federal and California law to provide the services and construct the small cell wireless facility proposed in the application.

10.    Pole License Agreement. For any small cell wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights-of-way, the applicant shall submit an executed Pole License Agreement on a form prepared by the City that states the terms and conditions for such nonexclusive use by the applicant. At a minimum, the Pole License Agreement shall address equipment loading maximums and other public and emergency safety requirements. No changes shall be permitted to the City’s Pole License Agreement except as may be indicated on the form itself. Any unpermitted changes to the City’s Agreement shall be deemed a basis to deem the application incomplete. Refusal to accept the terms and conditions in the City’s Agreement shall be an independently sufficient basis to deny the application.

11.    Title report and property owner’s authorization. For any small cell wireless facility proposed to be installed on any private property not owned or controlled by the City, the applicant must submit:

a.    A title report issued within 30 days from the date the applicant filed the application; and

b.    If the applicant is not the property owner, a written authorization signed by the property owner identified in the title report that authorizes the applicant to submit and accept a small cell permit in connection with the subject property. For any small cell wireless facility proposed to be installed on a support structure in the public right-of-way, the applicant must submit a written authorization from the support structure owner(s).

12.    Acoustic analysis. The applicant shall submit an acoustic analysis prepared and certified by an engineer licensed by the state of California for the proposed small cell wireless facility and all associated equipment, including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators, demonstrating compliance with the City’s noise regulations. The acoustic analysis must also include an analysis of the manufacturers’ specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer(s) that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable noise limits.

B.    Additional requirements. The City Council authorizes the Community Development Director to develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the Community Development Director finds necessary, appropriate or useful for processing any application governed under this chapter. All such requirements and materials must be in written form and publicly available to all interested parties. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Requirements for a duly filed application. Any application for a small cell permit will not be considered duly filed unless submitted in accordance with the requirements in this subsection.

1.    Submittal appointment. All applications must be submitted to the City at a prescheduled appointment with the Community Development Director. Potential applicants may generally submit one application per appointment, or up to five individual applications per appointment for batched applications as provided in Subsection C of this section. Potential applicants may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants for any other development project. The Community Development Director shall use reasonable efforts to offer an appointment within five working days after the Community Development Director receives a written request from a potential applicant. Any purported application received without an appointment, whether delivered in person, by mail or through any other means, will not be considered duly filed, whether the City retains, returns or destroys the materials received.

2.    Presubmittal conferences. The City strongly encourages, but does not require, potential applicants to schedule and attend a presubmittal conference with the Community Development Director for all proposed projects that involve small cell wireless facilities. A voluntary pre-submittal conference is intended to streamline the review process through informal discussion between the potential applicant and staff that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other City departments responsible for application review; and application completeness issues. To mitigate unnecessary delays due to application incompleteness, potential applicants are encouraged (but not required) to bring any draft applications or other materials so that City staff may provide informal feedback and guidance about whether such draft applications or other materials may be incomplete or unacceptable. The Community Development Director shall use reasonable efforts to provide the potential applicant with an appointment within five working days after receiving a written request and any applicable fee or deposit to reimburse the City for its reasonable costs to provide the services rendered in the presubmittal conference.

B.    Applications deemed withdrawn. To promote efficient review and timely decisions, and to mitigate unreasonable delays or barriers to entry caused by chronically incomplete applications, any application governed under this chapter will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the Community Development Director within 60 calendar days after the Community Development Director deems the application incomplete in a written notice to the applicant. As used in this subsection, a “substantive response” must include the materials identified as incomplete in the Community Development Director’s notice. Notwithstanding anything in this section to the contrary, upon a written request received prior to the sixtieth day, the Community Development Director may grant an extension to a date certain for good cause shown by the applicant, which includes without limitation delays caused by third parties or events outside the applicant’s control.

C.    Batched applications. Applicants may submit up to five individual applications for a small cell permit in a batch to be reviewed together at the same time; provided, however, that:

1.    All small cell wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type;

2.    Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each application in the batch;

3.    If any individual application within a batch is deemed incomplete, the remaining applications in a batch shall still proceed in accordance with the applicable shot clock.

D.    Additional procedures. The City Council authorizes the Community Development Director to establish other reasonable rules and regulations for duly filed applications, which may include without limitation regular hours for appointments with applicants, as the Community Development Director deems necessary or appropriate, to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to provide all interested parties with prior notice. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Public notice. Within approximately 10 days after an application is received and prior to any approval, conditional approval or denial, the City shall mail public notice to all properties and record owners of properties within 300 feet from the project site. The notice shall also be posted in a publicly accessible area in or within close proximity to the proposed physical location of any facility. The notice must contain:

1.    A general project description;

2.    The applicant’s identification and contact information as provided on the application submitted to the City;

3.    Contact information for the Community Development Director for interested parties to submit comments;

4.    A statement that the Zoning Administrator will act on the application at a public hearing but that any interested person or entity may appeal the Zoning Administrator’s decision directly to the City Council; and

5.    A general statement that the FCC requires the City to take final action on small cell applications within 60 days or 90 days, depending on the nature of the proposed facility.

B.    Administrative review. Not less than 10 calendar days after the public notice required in Subsection A of this section is sent, and not more than 29 calendar days after the application has been deemed complete, the Zoning Administrator shall approve, conditionally approve or deny a complete and duly filed small cell permit application at a public hearing.

C.    Required findings. The Zoning Administrator may approve or conditionally approve a complete and duly filed application for a small cell permit when the Zoning Administrator finds:

1.    The proposed project meets the definition for a “small cell wireless facility” as defined by the FCC;

2.    The proposed project would be in the most preferred location within 750 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location(s) within 750 feet would be technically infeasible;

3.    The proposed project would not be located on a prohibited support structure identified in this chapter;

4.    The proposed project would be on the most preferred support structure within 750 feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred support structure(s) within 750 feet would be technically infeasible;

5.    The proposed project complies with all applicable design standards in this chapter;

6.    The proposed use is consistent with the General Plan and any applicable specific plan;

7.    The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and planned future land uses in the vicinity;

8.    Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone district in which the property is located;

9.    The applicant has demonstrated that the proposed project will be in planned compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions; and

10.    All public notices required for the application have been given.

D.    Conditional approvals – Denials without prejudice. Subject to any applicable federal or California laws, nothing in this chapter is intended to limit the Zoning Administrator’s ability to conditionally approve or deny without prejudice any small cell permit application as may be necessary or appropriate to ensure compliance with this chapter.

E.    Decision notices. Within five calendar days after the Zoning Administrator acts on a small cell permit application, the Zoning Administrator shall notify the applicant and all parties entitled to receive notice of the application by written notice. If the Zoning Administrator denies the application (with or without prejudice), the written notice must contain the reasons for the decision.

F.    Appeals. Any interested person or entity may appeal the decision by the Zoning Administrator to the City Council. Appeals must be filed within seven days after the date of the Zoning Administrator’s decision; provided, however, that appeals from an approval shall not be permitted when based solely on the environmental effects from radio frequency emissions that are compliant with applicable FCC regulations and guidelines. The notice of appeal must contain a short and plain statement of the basis for the appeal, which may be supplemented after the notice period has expired but before the hearing. The City Council shall hear appeals de novo and issue the applicant a written decision within five calendar days after the date of the public hearing. (Ord. 1096 § 2 (Exh. A), 2020)

A.    General conditions. In addition to all other conditions adopted by the Zoning Administrator for a small cell permit, all small cell permits issued under this chapter shall be automatically subject to the conditions in this subsection.

1.    Permit term. This permit will automatically expire 10 years and one day from its issuance unless California Government Code Section 65964(b) authorizes the City to establish a shorter term for public safety reasons. Any other permits or approvals issued in connection with any collocation, modification or other change to this wireless facility, which includes without limitation any permits or other approvals deemed granted or deemed approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

2.    Permit renewal. Within one year before the expiration date of this permit, the permittee may submit an application for permit renewal. To be eligible for administrative review and renewal, the permittee must demonstrate that (a) the subject wireless facility is in compliance with all the conditions of approval associated with this permit and all applicable provisions in the Seaside Municipal Code and this chapter that exist at the time the decision to renew the permit is rendered. The Community Development Director shall have discretion to modify or amend the conditions of approval for permit renewal on a case-by-case basis as may be necessary or appropriate to protect and promote the public health, safety and welfare, allow for the proper operation of the approved wireless facility, maintain compliance with applicable laws and/or to advance the goals or policies in the General Plan and any specific plan, the Seaside Municipal Code and/or this chapter. Upon renewal, this permit will automatically expire 10 years and one day from its issuance, except when California Government Code Section 65964 and (b), as may be amended or superseded in the future, authorizes the City to establish a shorter term for public safety reasons.

3.    Post-installation certification. Within 60 calendar days after the permittee commences full, unattended operations of a small cell wireless facility approved or deemed approved, the permittee shall provide the Community Development Director with documentation reasonably acceptable to the Community Development Director that the small cell wireless facility has been installed and/or constructed in strict compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as-built drawings, GIS data and site photographs.

4.    Build-out period. This small cell permit will automatically expire six months from the approval date (the “build-out period”) unless the permittee obtains all other permits and approvals required to install, construct and/or operate the approved small cell wireless facility, which includes without limitation any permits or approvals required by any federal, state or local public agencies with jurisdiction over the subject property, the small cell wireless facility or its use. If this build-out period expires, the City will not extend the build-out period but the permittee may resubmit a complete application, including all application fees, for the same or substantially similar project.

5.    Site maintenance. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences and landscape features, in a neat, clean and safe condition in accordance with the approved construction drawings and all conditions in this small cell permit. The permittee shall keep the site area free from all litter and debris at all times. The permittee, at no cost to the City, shall remove and remediate any graffiti or other vandalism at the site within 48 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

6.    Compliance with laws. The permittee shall maintain compliance at all times with all federal, state and local statutes, regulations, orders or other rules that carry the force of law (“laws”) applicable to the permittee, the subject property, the small cell wireless facility or any use or activities in connection with the use authorized in this small cell permit, which includes without limitation any laws applicable to human exposure to RF emissions. The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve or otherwise lessen the permittee’s obligations to maintain compliance with all laws. No failure or omission by the City to timely notice, prompt or enforce compliance with any applicable provision in the Seaside Municipal Code, this chapter, any permit, any permit condition or any applicable law or regulation, shall be deemed to relieve, waive or lessen the permittee’s obligation to comply in all aspects with all applicable provisions in the Seaside Municipal Code, this chapter, any permit, any permit condition or any applicable law or regulation.

7.    Adverse impacts on other properties. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue or unnecessary adverse impacts on nearby properties that may arise from the permittee’s or its authorized personnel’s construction, installation, operation, modification, maintenance, repair, removal and/or other activities on or about the site. The permittee shall not perform or cause others to perform any construction, installation, operation, modification, maintenance, repair, removal or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Seaside Municipal Code. The restricted work hours in this condition will not prohibit any work required to prevent any actual, immediate harm to property or persons, or any work during an emergency declared by the City or other state or federal government agency or official with authority to declare a state of emergency within the City. The Community Development Director and/or the Public Works Director may issue a stop work order for any activities that violate this condition in whole or in part.

8.    Inspections – Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff, agents, contractors or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City’s officers, officials, staff, agents, contractors or other designees may, but will not be obligated to, enter onto the site area without prior notice to support, repair, disable or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City’s officers, officials, staff or other designees while any such inspection or emergency access occurs.

9.    Permittee’s contact information. Within 10 days from the final approval, the permittee shall furnish the City with accurate and up-to-date contact information for a person responsible for the small cell wireless facility, which includes without limitation such person’s full name, title, direct telephone number, mailing address and email address. The permittee shall keep such contact information up-to-date at all times and promptly provide the City with updated contact information if either the responsible person or such person’s contact information changes.

10.    Indemnification. The permittee and, if applicable, the property owner upon which the small cell wireless facility is installed shall defend, indemnify and hold harmless the City, City Council and the City’s boards, commissions, agents, officers, officials, employees and volunteers (collectively, the “indemnitees”) from any and all:

a.    Damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, lawsuits, writs and other actions or proceedings (“claims”) brought against the indemnitees to challenge, attack, seek to modify, set aside, void or annul the City’s approval of this small cell permit; and

b.    Other claims of any kind or form, whether for personal injury, death or property damage, that arise from or in connection with the permittee’s or its agents’, directors’, officers’, employees’, contractors’, subcontractors’, licensees’ or customers’ acts or omissions in connection with this small cell permit or the small cell wireless facility.

    In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve this small cell permit, and that such indemnification obligations will survive the expiration, revocation or other termination of this small cell permit.

11.    Performance bond. Before the Building Division issues any permits required to commence construction in connection with this permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Community Development Director in an amount reasonably necessary to cover the cost to remove the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facilities removal. The written estimate must include the cost to remove all equipment and other improvements, which includes without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, and in accordance with California Government Code Section 65964(a), the Community Development Director shall take into consideration any information provided by the permittee regarding the cost to remove the wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition.

12.    Permit revocation. Any permit granted under this chapter may be revoked in accordance with the provisions and procedures in this condition. The Community Development Director may initiate revocation proceedings when the Community Development Director has information that the facility may not be in compliance with all applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Before the Zoning Administrator may conduct a public hearing to revoke any permit granted under this chapter, the Community Development Director must issue a written notice to the permittee that specifies the following:

a.    The facility;

b.    The violation(s) to be corrected;

c.    The time frame in which the permittee must correct such violation(s); and

d.    That, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s).

    The Zoning Administrator’s decision may be appealed to the City Council after a duly noticed public hearing. The City Council may revoke a permit when it finds substantial evidence in the written record to show that the facility is not in compliance with any applicable laws, which includes, without limitation, any permit in connection with the facility and any associated conditions with such permit(s). Any decision by the City Council to revoke or not revoke a permit shall be final and not subject to any further appeals. Within five business days after the City Council adopts a resolution to revoke a permit, the Community Development Director shall provide the permittee with a written notice that specifies the revocation and the reasons for such revocation.

13.    Record retention. Throughout the permit term, the permittee must maintain a complete and accurate copy of the written administrative record, which includes without limitation the small cell permit application, small cell permit, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval, any ministerial permits or approvals issued in connection with this approval and any records, memoranda, documents, papers and other correspondence entered into the public record in connection with the small cell permit (collectively, “records”). If the permittee does not maintain such records as required in this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The permittee shall protect all records from damage from fires, floods and other hazards that may cause deterioration. The permittee may keep records in an electronic format; provided, however, that hard copies or electronic records kept in the City’s regular files will control over any conflicts between such City-controlled copies or records and the permittee’s electronic copies, and complete originals will control over all other copies in any form. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by other applicable laws. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record-retention obligations under applicable law.

14.    Abandoned wireless facilities. The small cell wireless facility authorized under this small cell permit shall be deemed abandoned if not operated for any continuous six-month period. Within 90 days after a small cell wireless facility is abandoned or deemed abandoned, the permittee and/or property owner shall completely remove the small cell wireless facility and all related improvements and shall restore all affected areas to a condition compliant with all applicable laws, which includes without limitation the Seaside Municipal Code. In the event that neither the permittee nor the property owner complies with the removal and restoration obligation under this condition within said 90-day period, the City shall have the right (but not the obligation) to perform such removal and restoration with or without notice, and the permittee and property owner (where private property) shall be jointly and severally liable for all costs and expenses incurred by the City in connection with such removal and/or restoration activities.

15.    Landscaping. At the discretion of the Community Development Director, the permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site, or pay a fee to the City’s Urban Forestry Fund if replacement landscaping is not feasible or desired at the location. If any trees are damaged or displaced, the permittee shall replace landscaping as determined by the City. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree unless approved by the City. The permittee shall be responsible to maintain any replacement landscape features for (a) the permit term for landscape features on private property and (b) a period of three years from the date of planting for landscape features in the public rights-of-way. The Community Development Director may accept an in-lieu fee for the City’s cost to maintain a replacement tree or other landscaping in the public rights-of-way for the required three-year period.

16.    Cost reimbursement. The permittee acknowledges and agrees that:

a.    The permittee’s request for authorization to construct, install and/or operate the wireless facility will cause the City to incur costs and expenses;

b.    The permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, which includes without limitation costs related to application review, permit issuance, site inspection and any other costs reasonably related to or caused by the request for authorization to construct, install and/or operate the wireless facility;

c.    Any application fees are intended to be a reasonable approximation of such costs but may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse City for all such costs 10 days after a written demand for reimbursement and reasonable documentation to support such costs; and

d.    The City shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee.

B.    Conditions for small cell wireless facilities in the public rights-of-way. In addition to all conditions in Subsection A of this section, all small cell permits for small cell wireless facilities in the public rights-of-way issued under this chapter shall be automatically subject to the conditions in this subsection.

1.    Future undergrounding programs. Notwithstanding any term remaining on any small cell permit, if other utilities or communications providers in the public rights-of-way underground their facilities in the segment of the public rights-of-way where the permittee’s small cell wireless facility is located, the permittee must also underground its equipment, to the extent feasible, except the antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. Small cell wireless facilities installed on utility poles that will be removed pursuant to the undergrounding program may be reinstalled on other existing vertical infrastructure that complies with the then-current municipal code and the City’s standards and specifications. Such undergrounding shall occur at the permittee’s sole cost and expense except as may be reimbursed through tariffs approved by the state Public Utilities Commission for undergrounding costs.

2.    Electric meter upgrades. If the commercial electric utility provider adopts or changes its rules obviating the need for a separate or ground-mounted electric meter and enclosure, the permittee on its own initiative and at its sole cost and expense shall remove the separate or ground-mounted electric meter and enclosure. Prior to removing the electric meter, the permittee shall apply for any encroachment and/or other ministerial permit(s) required to perform the removal. Upon removal, the permittee shall restore the affected area to its original condition that existed prior to installation of the equipment.

3.    Rearrangement and relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may:

a.    Change any street grade, width or location;

b.    Add, remove or otherwise change any improvements in, on, under or along any street owned by the City or any other public agency, which includes without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles and utility systems for gas, water, electric or telecommunications; and/or

c.    Perform any other work deemed necessary, useful or desirable by the City (collectively, “City work”).

    The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in this small cell permit. If the Public Works Director determines that any City work will require the permittee’s small cell wireless facility located in the public rights-of-way to be rearranged and/or relocated, the permittee shall, at its sole cost and expense, do or cause to be done all things necessary to accomplish such rearrangement and/or relocation. If the permittee fails or refuses to either permanently or temporarily rearrange and/or relocate the permittee’s small cell wireless facility within a reasonable time after the Public Works Director’s notice, the City may (but will not be obligated to) cause the rearrangement or relocation to be performed at the permittee’s sole cost and expense. The City may exercise its rights to rearrange or relocate the permittee’s small cell wireless facility without prior notice to permittee when the Public Works Director determines that the City work is immediately necessary to protect public health or safety. The permittee shall reimburse the City for all costs and expenses in connection with such work within 30 days after a written demand for reimbursement and reasonable documentation to support such costs. (Ord. 1096 § 2 (Exh. A), 2020)

A.    Preface to location requirements. This subsection provides guidance as to how to interpret and apply the location requirements in this section. To better assist applicants and decision makers understand and respond to the community’s aesthetic preferences and values, Subsections B, C, D and E of this section set out listed preferences for locations and support structures to be used in connection with small cell wireless facilities in ordered hierarchies. Applications that involve lesser-preferred locations or structures may be approved so long as the applicant demonstrates that either (1) no more-preferred locations or structures exist within 750 feet from the proposed site; or (2) any more-preferred locations or structures within 750 feet from the proposed site would be technically infeasible as supported by clear and convincing evidence in the written record. Subsection F of this section identifies prohibited support structures on which the City shall not approve any small cell permit application for any competitor or potential competitor.

B.    Locations in the public rights-of-way. The City prefers small cell wireless facilities in the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows:

1.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Commercial” or “Mixed Use” categories, on or along arterial streets as defined and mapped in the General Plan;

2.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Commercial,” “Mixed Use,” or “Open Space – Recreation” categories (except where in or adjacent to public parks and Open Space – Recreation areas), on or along collector streets as defined and mapped in the General Plan; locations within areas designated as any of the land use categories listed in the General Plan under the “Commercial,” “Mixed Use,” or “Open Space – Recreation” categories (except where in or adjacent to public parks and Open Space – Recreation areas), on or along local streets as defined and mapped in the General Plan;

3.    Locations within or adjacent to public parks and Open Space – Recreation areas, or areas designated “Institutional” in the General Plan, on or along arterial, collector or local streets as defined and mapped in the General Plan;

4.    Locations within the West Broadway Urban Village Specific Plan Area;

5.    Any location within any nonresidential or mixed-use Specific Plan land use designation;

6.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Residential” category, on or along arterial streets as defined and mapped in the General Plan;

7.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Residential” category, on or along collector streets defined and mapped in the General Plan; and

8.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Residential” category, on or along local streets as defined and mapped in the General Plan.

C.    Locations outside the public rights-of-way. The City prefers small cell wireless facilities outside the public rights-of-way to be installed in locations, ordered from most preferred to least preferred, as follows:

1.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Commercial,” “Mixed Use,” or “Open Space – Recreation” categories (except within any public park or Open Space – Recreation areas);

2.    Locations within areas designated “Institutional” in the General Plan; within the West Broadway Urban Village Specific Plan Area, any location within any nonresidential or mixed-use Specific Plan land use designation;

3.    Locations within areas designated as any of the land use categories listed in the General Plan under the “Residential” category;

4.    Locations within any public park or Open Space – Recreation area;

5.    Locations within the West Broadway Urban Village Specific Plan Area; and

6.    Locations within residential Specific Plan land use designations.

D.    Support structures in the public rights-of-way. The City prefers small cell wireless facilities to be installed on support structures in the public rights-of-way, ordered from most preferred to least preferred, as follows:

1.    Existing or replacement metal or composite streetlight or utility poles;

2.    New nonreplacement metal or composite streetlight poles;

3.    New nonreplacement poles for small cell wireless facilities;

4.    Existing or replacement wood utility or streetlight poles.

E.    Support structures outside the public rights-of-way. The City prefers small cell wireless facilities to be installed on support structures outside of the public rights-of-way, ordered from most preferred to least preferred, as follows:

1.    Existing nonhistoric buildings, or other nontower structures previously approved for use as a support structure for personal wireless service facilities;

2.    Other existing nonhistoric buildings, or other nontower structures;

3.    Existing or replacement utility poles or towers;

4.    New nonreplacement towers for small cell wireless facilities; and

5.    Existing historic buildings.

F.    Prohibited support structures. The City prohibits small cell wireless facilities to be installed on the following support structures, whether located in the public rights-of-way or not: decorative poles and decorative streetlights; non-city-owned traffic signals, signs, poles, cabinets and related devices; new nonreplacement wood poles. (Ord. 1096 § 2 (Exh. A), 2020)

A.    General standards.

1.    Noise. Small cell wireless facilities and all accessory equipment and transmission equipment must comply with all applicable noise control standards and regulations in Section 17.30.060, as either may be amended or superseded, and shall not exceed, either on an individual or cumulative basis.

2.    Lights. Small cell wireless facilities shall not include any lights that would be visible from publicly accessible areas, except as may be required under the Federal Aviation Administration, the FCC, or other applicable regulations for health and safety. All equipment with lights (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required under this chapter.

3.    Landscape features. At the discretion of the Community Development Director, the permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance or other work performed by the permittee or at the permittee’s direction on or about the site, or pay a fee to the City’s Urban Forestry Fund if replacement landscaping is not feasible or desired at the location. If any trees are damaged or displaced, the permittee shall replace landscaping as determined by the City. Only International Society of Arboriculture certified workers under the supervision of a licensed arborist shall be used to install the replacement tree(s). Any replacement tree must be substantially the same size as the damaged tree unless approved by the City. The permittee shall be responsible to maintain any replacement landscape features for a period of three years after the date of planting. The Community Development Director may accept an in-lieu fee for the City’s cost to maintain the landscaping for the required three-year period.

4.    Site security measures. Small cell wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices, to prevent unauthorized access, theft or vandalism. The Community Development Director shall not approve any barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures. All exterior surfaces on small cell wireless facilities shall be constructed from or coated with graffiti-resistant materials.

5.    Signage advertisements. All small cell wireless facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small cell wireless facilities may not bear any other signage or advertisements unless expressly approved by the City, required by law or recommended under the FCC, Occupational Safety and Health Administration or other United States governmental agencies for compliance with RF emissions regulations.

6.    Compliance with health and safety regulations. All small cell wireless facilities shall be designed, constructed, operated and maintained with all generally applicable health and safety regulations which includes without limitation all applicable regulations for human exposure to RF emissions and compliance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

B.    Small cell wireless facilities in the public right-of-way.

1.    Overall height. Small cell wireless facilities should be proposed at the lowest technically feasible overall height. Small cell wireless facilities may not exceed either (a) the minimum separation from electrical lines required by applicable safety regulations, plus four feet, or (b) six feet above the existing support structure.

2.    Antennas.

a.    Concealment. To the extent feasible, antennas and associated mounting equipment, hardware, cables or other connectors must be completely concealed within an opaque antenna shroud or radome. To the extent feasible, the antenna shroud or radome must be painted a flat, nonreflective color to match the underlying support structure. If the applicant demonstrates by clear and convincing evidence in the record that strict compliance with the requirements in this section would be technically infeasible, the Community Development Director may approve an alternative concealment plan that is consistent with the intent of this section and this chapter.

b.    Antenna volume. Each individual antenna may not exceed three cubic feet in volume.

3.    Accessory equipment.

a.    Installation preferences. All nonantenna accessory equipment shall be installed in accordance with the following preferences, ordered from most preferred to least preferred:

(1)    Underground in any area in which the existing utilities are primarily located underground;

(2)    On the pole or support structure;

(3)    Integrated into the base of the pole or support structure; or

(4)    Ground-mounted; provided, that the applicant demonstrates that the use of installations location preferences in Subsections B.3.a.1 through 3 of this section would be technically infeasible as supported by clear and convincing evidence in the written record and the ground-mounted accessory equipment is placed in the least intrusive location as determined by the Community Development Director.

    Applications that involve lesser-preferred installation locations may be approved so long as the applicant demonstrates that no more-preferred installation location would be technically feasible as supported by clear and convincing evidence in the written record.

b.    Undergrounded accessory equipment. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load-rated to meet the City’s standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip-resistant cover. Vents for airflow shall be flush to grade when placed within the sidewalk and may not exceed two feet above grade when placed off the sidewalk. Applicants shall not be permitted to install an underground vault in a location that would cause any existing tree to be materially damaged or displaced, unless approved by the Community Development Director.

c.    Pole-mounted accessory equipment. All pole-mounted accessory equipment must be installed in a single equipment shroud unless the applicant demonstrates that a single shroud would be technically infeasible as supported by clear and convincing evidence in the written record. All pole-mounted accessory equipment must be installed flush to the pole to minimize the overall visual profile. If any applicable health and safety regulations prohibit flush-mounted equipment, the maximum separation permitted between the accessory equipment and the pole shall be the minimum separation required by such regulations. All pole-mounted equipment and required or permitted signage must be placed and oriented away from public view. Pole-mounted equipment may be installed behind street, traffic or other signs to the extent that the installation complies with applicable public health and safety regulations. All cables, wires and other connectors must be routed through conduits within the pole, and all conduit attachments, cables, wires and other connectors must be concealed from public view. To the extent that cables, wires and other connectors cannot be routed through the pole, applicants shall route them through a single external conduit or shroud that has been finished to match the underlying support structure.

d.    Base-mounted accessory equipment. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment must be concealed from public view.

e.    Ground-mounted accessory equipment. The Community Development Director shall not approve any ground-mounted accessory equipment including, but not limited to, any utility or transmission equipment, pedestals, cabinets, panels or electric meters, unless the applicant clearly demonstrates that location design preferences listed in Subsection  B.3.a of this section are technically infeasible as supported by clear and convincing evidence in the written record and the ground-mounted accessory equipment is placed in the least intrusive location as determined by the Community Development Director. In circumstances where ground-mounted accessory equipment may be permitted, the Community Development Director may impose additional conditions as may be necessary or appropriate to mitigate potential hazards in the public rights-of-way and/or aesthetic blight created by the placement of such accessory equipment.

f.    Accessory equipment volume. All accessory equipment associated with a small cell wireless facility installed above ground level shall not cumulatively exceed:

(1)    All associated small cell accessory equipment shall be designed to the smallest technically feasible size.

i.    Residential districts. Accessory equipment shall be designed to be nine cubic feet in volume in any residential district.

(A)    The Community Development Director may approve the smallest technically feasible size of associated accessory equipment, up to 21 cubic feet in volume, upon the submission of clear and convincing evidence as to why the preferred size is technically infeasible.

ii.    Nonresidential districts. Accessory equipment shall be designed to be 17 cubic feet in volume in any nonresidential district.

(A)    The Community Development Director may approve the smallest technically feasible size of associated accessory equipment, up to 28 cubic feet in volume, upon the submission of clear and convincing evidence as to why the preferred size is technically infeasible.

    The volume calculation shall include any shroud, cabinet or other concealment device used in connection with the nonantenna accessory equipment. The volume calculation shall not include any equipment or other improvements placed underground.

4.    Streetlights. Applicants that propose to install small cell wireless facilities on an existing streetlight must remove and replace the existing streetlight with one substantially similar to and which meets the City’s standards and specifications but designed to accommodate wireless antennas and accessory equipment. To mitigate any material changes in the street-lighting patterns, the replacement pole must:

a.    Be located as close to the removed pole as possible;

b.    Be aligned with the other existing streetlights and include a luminaire at substantially the same height and distance from the pole as the luminaire on the removed pole. All antennas must be installed above the pole within a single canister-style shroud or radome that tapers for the pole. If the applicant demonstrates by clear and convincing evidence in the record that placing the antennas above the pole in a single canister-style shroud or radome would be technically infeasible, the Community Development Director may approve an alternative concealment plan that is consistent with the intent of this section and this chapter.

5.    Wood utility poles. Applicants that propose to install small cell wireless facilities on an existing wood utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. Side-mounted antennas on a standoff bracket or extension arm must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations. Applicants that propose to install small cell wireless facilities on a replacement wood utility pole must remove and replace the existing wood utility pole with one that is substantially similar in height and diameter unless the applicant demonstrates that a substantially similar replacement pole would be technically infeasible as supported by clear and convincing evidence in the written record.

6.    New nonreplacement poles. Applicants that propose to install small cell wireless facilities on a new nonreplacement pole must install a new streetlight in accordance with the City’s standards, specifications and spacing requirements, but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed 18 inches. Any base enclosure diameter shall not exceed 26 inches or the maximum size that will allow for pedestrian access to the sidewalk as may be required by law (whichever is smaller). All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single canister-style shroud or radome. If the applicant demonstrates by clear and convincing evidence in the record that placing the antennas above the pole in a single canister-style shroud or radome would be technically infeasible, the Community Development Director may approve an alternative concealment plan that is consistent with the intent of this section and this chapter.

7.    Strand-mounted wireless facilities. No more than one strand-mounted wireless facility may be installed on any single span between two poles. The Community Development Director shall not approve any ground-mounted equipment in connection with any strand-mounted wireless facility. All equipment and other improvements associated with a strand-mounted wireless facility must comply with all applicable health and safety regulations. Strand-mounted wireless facilities shall not exceed three cubic feet in total volume. All strand-mounted equipment shall be finished in a nonreflective gray color. Any accessory equipment mounted on the pole shall be painted and textured to match the underlying pole. “Snow shoes” and other spooled fiber or cables are prohibited.

8.    Encroachments over private property. Small cell wireless facilities may not encroach onto or over any private or other property outside the public rights-of-way without the property owner’s express written consent.

9.    Backup power sources. Fossil-fuel based backup power sources shall not be permitted within the public rights-of-way; provided, however, that connectors or receptacles may be installed for temporary backup power generators used in an emergency declared by federal, state or local officials.

10.    Obstructions – Public safety. Small cell wireless facilities and any associated equipment or improvements shall not physically interfere with or impede:

a.    Worker access to any above ground or underground infrastructure for traffic control, streetlights or public transportation, including without limitation any curb control sign, parking meter, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflectors;

b.    Access to any public transportation vehicles, shelters, street furniture or other improvements at any public transportation stop;

c.    Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency;

d.    Access to any fire hydrant or water valve;

e.    Access to any doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way; or

f.    Access to any fire escape.

11.    Utility connections. All cables and connectors for telephone, data backhaul, primary electric and other similar utilities must be routed underground in conduits large enough to accommodate future collocated wireless facilities. Undergrounded cables and wires must transition directly into the pole base without any external doghouse. All cables, wires and connectors between the underground conduits and the antennas and other accessory equipment shall be routed through and concealed from view within:

a.    Internal risers or conduits if on a concrete, composite or similar pole; or

b.    A cable shroud or conduit mounted as flush to the pole as possible if on a wood pole or other pole without internal cable space. The Community Development Director shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

12.    Spools and coils. To reduce clutter and deter vandalism, excess fiber-optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

13.    Electric meters. Small cell wireless facilities shall set a flat-rate electric service or other method that obviates the need for a separate above-grade electric meter. If flat-rate service is not available, applicants may install a shrouded smart meter. The Community Development Director shall not approve a separate ground-mounted electric meter pedestal unless the applicant clearly demonstrates that more-preferred metering listed above would be technically infeasible as supported by clear and convincing evidence in the written record and the ground-mounted meter pedestal is placed in the least intrusive location as determined by the Community Development Director.

14.    Street trees. To preserve existing landscaping in the public rights-of-way, all work performed in connection with small cell wireless facilities shall not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for a period of three years from the date of planting. The Community Development Director may accept an in-lieu fee for the City’s cost to maintain the tree for the required three-year period.

C.    Small cell wireless outside of the public right-of-way.

1.    Overall height. Small cell wireless facilities on private property may not exceed the applicable height limit for primary structures in the applicable zoning district or overlay zone, except as follows:

a.    Residential or Open Space – Recreation land use districts as designated in the General Plan: 30 feet.

b.    Nonresidential General Plan land use designations (including designations listed under Commercial; Open Space – Recreation; Mixed-Use; and Institutional categories): 40 feet.

c.    Where the facility would be mounted on an existing building or structure, the height of the wireless facility shall not exceed the maximum height of the building or structure, including any existing parapet or roof-mounted screen, by more than five feet.

d.    Exceptions to height limits that are otherwise allowed by Subsection 17.54.060.B for antennas, transmission towers and similar appurtenances shall not apply to small cell wireless facilities in any zoning district or PUD.

2.    Setbacks. Small cell wireless facilities on private property may not encroach into any applicable setback for Class I or Class II accessory structures in the subject zoning district.

3.    Backup power sources.

a.    The Community Development Director shall not approve any fossil fuel generators or other similarly noisy or fume-emitting generators in or within 250 feet from any residence; provided, however, the Community Development Director may approve sockets or other connections used for temporary backup generators used in an emergency declared by federal, state or local officials.

(1)    In the event of an emergency proclamation, the City shall maintain the right to use an emergency supplement to reduce generator restrictions

b.    As required by California Public Utilities Commission (CPUC) Order (D.20- 07-011), the applicant shall be responsible to implement a plan to provide 72 hours of backup power supply at any new or existing wireless facilities located in Tier 2 and Tier 3 High Fire Threat Districts within the City’s jurisdiction. Consistent with D.20-07-011, the City strongly prefers clean, emissions-free backup power sources, such as batteries over fossil fuel generators.

4.    Parking – Access. Any equipment or improvements constructed or installed in connection with any small cell wireless facilities must not reduce any parking spaces below the minimum requirement for the subject property. Whenever feasible, small cell wireless facilities must use existing parking and access rather than construct new parking or access improvements. Any new parking or access improvements must meet City standards.

5.    Towers, poles and other freestanding small cell wireless facilities. All new towers, poles or other freestanding structures that support small cell wireless facilities must be made from a metal or composite material capable of concealing all the accessory equipment, including cables, mounting brackets, radios, and utilities, either within the support structure or within an integrated enclosure located at the base of the support structure. All antennas must be installed above the pole in a single canister-style shroud or radome. If the applicant demonstrates by clear and convincing evidence in the record that placing the antennas in a single canister-style shroud or radome would be technically infeasible, the Community Development Director may approve an alternative concealment plan that is consistent with the intent of this section and this chapter. The support structure and all transmission equipment must be painted with flat/neutral colors that match the support structure.

6.    Building-mounted small cell wireless facilities.

a.    Preferred concealment techniques. All applicants must propose new nontower small cell wireless facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, if the applicant demonstrates with clear and convincing evidence that integration with existing features is technically infeasible, the applicant may propose completely concealed new structures or appurtenances designed to mimic the support structure’s original architecture and proportions (examples include, but are not limited to, steeples and chimneys).

b.    Facade-mounted equipment. When small cell wireless facilities cannot be placed behind existing parapet walls or other existing screening elements, the Community Development Director may approve facade-mounted antenna equipment in accordance with this subsection. All facade-mounted equipment must be concealed behind screen walls and mounted flush to the facade. The Community Development Director may not approve “pop-out” screen boxes. The Community Development Director may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade. (Ord. 1096 § 2 (Exh. A), 2020)