Seaside City Zoning Code

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

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

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.

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.

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.

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).

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.

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).

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

Beehives shall not be considered structures or accessory structures.

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

Beehives shall be placed in a location on the subject property such that beekeeping activities do not adversely impact neighboring properties.

The entire operation must be conducted within a structure.

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

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

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

Outdoor display or storage of vehicle may occur.

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.

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.

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

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.

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).

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.

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.

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

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

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

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

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

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

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

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

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

House rules shall be posted permanently in each guest room.

Health Officer;

Building Official;

Fire Marshal; and

Crime Prevention Officer.

Semi-annually after the granting of the Use Permit;

Upon transfer of ownership; or

Upon receipt of substantial complaints.

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

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.

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

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.

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

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.

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

There have been no violations of the Municipal Code; and

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

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

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:

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

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

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.

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.

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

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

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.

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

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

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

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.

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

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

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.

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

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.

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.

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

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.

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

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

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

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.

Determine the nature of the proposal;

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

Offer specific comments and direction.

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

Shelters for single persons should be located near transportation facilities.

Each shelter shall have an on-site resident manager.

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.

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

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

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

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.

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.

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.

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

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

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.

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.

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.

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.

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.

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

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.

Adequate storage for personal belongings shall be provided.

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

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

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:

Adequate parking is available for the type of shelter proposed;

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

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

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

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.

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

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

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.

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

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

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

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.

Limited to a maximum of two consecutive days;

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

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

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:

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:

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

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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

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

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.

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.

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

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.

Services, aboveground equipment, and trash container areas shall be located on the alley, or to the rear of the building accessed by a driveway.

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:

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

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.

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

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.

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

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

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

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

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

Private security systems or solid core doors with deadbolt locks.

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

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

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

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

Protected and covered entryways.

Signage integrated into the design of the buildings.

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.

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

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.

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

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

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.

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.

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

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

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.

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.

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.

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

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

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.

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

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.

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.

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

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.

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.

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.

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.

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

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).

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.

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.

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.

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

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.

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).

Location requirements. A news or flower stand shall:

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

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.

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.

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

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

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

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

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).

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.

Location requirements. A small collection facility shall:

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.

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.

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

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

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

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.

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

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

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.

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

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.

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

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.

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

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

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

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

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.

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

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.

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:

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

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

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

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.

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.

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.

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:

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:

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

Completed Residential Building Permit application;

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

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

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

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

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.

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

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

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

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.

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

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.

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

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.

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.

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):

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.

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

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.

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

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

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.

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.

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

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.

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.

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.

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.

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).

Prohibited uses. The following uses are prohibited:

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.

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.

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.

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.

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

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.

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.

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.

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:

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.

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.

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.

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.

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

The transient use site:

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.

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.

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.

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.

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

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

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.

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.

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;

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

The date of expiration of such license;

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;

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

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

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:

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

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

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

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

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

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

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

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

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

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

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:

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.

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

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.

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.

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

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.

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

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;

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;

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

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

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.

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

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.

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;

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;

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;

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;

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

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

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

The following information and documentation regarding the timeshare project:

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.

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

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.

The timeshare project satisfies the requirements of this chapter;

The timeshare project is compatible with adjacent land uses;

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

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.

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

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:

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

For subscribing to a multipoint distribution service.

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.

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.

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.

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

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.

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

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

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.

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.

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.

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.

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

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.

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.

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.

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;

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

Type of service provided; and

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

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

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;

Protecting and preserving the City’s environmental resources;

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

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

Prohibit or effectively prohibit any personal wireless service provider’s ability to provide personal wireless services;

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;

Unreasonably discriminate among providers of functionally equivalent personal wireless services;

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;

Prohibit any collocation or modification that the City may not deny under federal or California state law;

Impose any unreasonable discriminatory or anticompetitive fees that exceed the reasonable cost to provide the services for which the fee is charged; or

Otherwise authorize the City to preempt any applicable federal or California law.

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.

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.

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:

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:

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.

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.

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.

Public notices. The applicant shall reimburse the City for the cost of preparing and mailing and posting public notices.

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.

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.

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:

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.

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.

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.

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;

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;

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.

A general project description;

The applicant’s identification and contact information as provided on the application submitted to the City;

Contact information for the Community Development Director for interested parties to submit comments;

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

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.

The proposed project meets the definition for a “small cell wireless facility” as defined by the FCC;

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;

The proposed project would not be located on a prohibited support structure identified in this chapter;

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;

The proposed project complies with all applicable design standards in this chapter;

The proposed use is consistent with the General Plan and any applicable specific plan;

The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and planned future land uses in the vicinity;

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;

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

All public notices required for the application have been given.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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:

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.

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.

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.

Cost reimbursement. The permittee acknowledges and agrees that:

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.

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.

Rearrangement and relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may:

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;

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;

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;

Locations within the West Broadway Urban Village Specific Plan Area;

Any location within any nonresidential or mixed-use Specific Plan land use designation;

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;

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

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.

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);

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;

Locations within areas designated as any of the land use categories listed in the General Plan under the “Residential” category;

Locations within any public park or Open Space – Recreation area;

Locations within the West Broadway Urban Village Specific Plan Area; and

Locations within residential Specific Plan land use designations.

Existing or replacement metal or composite streetlight or utility poles;

New nonreplacement metal or composite streetlight poles;

New nonreplacement poles for small cell wireless facilities;

Existing or replacement wood utility or streetlight poles.

Existing nonhistoric buildings, or other nontower structures previously approved for use as a support structure for personal wireless service facilities;

Other existing nonhistoric buildings, or other nontower structures;

Existing or replacement utility poles or towers;

New nonreplacement towers for small cell wireless facilities; and

Existing historic buildings.

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.

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.

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.

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.

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.

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.).

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.