(A)   It is the purpose and intent of this chapter to identify land uses and activities which possess the potential to cause deleterious effects to the community in which they are located, and to subject such uses to specific regulations with the intent of minimizing, to the extent practical, these deleterious effects. Further, it is intended that in the zone districts in which these land uses are permitted, they are conducted in a manner which is consistent with the protection of the public health, safety and welfare in accordance with the goals, policies, objectives and implementation programs contained in the General Plan.

   (B)   It is further determined that it is in the interest of the public health, safety and welfare of the citizens of the City to protect minors from viewing publicly displayed harmful matter, and that pursuant to Penal Code section 313.1(d), at grocery stores, convenience stores, video stores and other retail outlets, as well as from the newsracks, and that restriction of public display of such harmful matter will keep the adverse impacts of such harmful matter upon minors to a minimum. (Ord. 768-08, 8-19-2008)

The provisions of this chapter shall apply to the activities and land uses specified by this chapter, in addition to any standards and regulations established by this title which may also be applicable to these specified land uses or activities. (Ord. 768-08, 8-19-2008)

   (A)   Applicability: It is the intent of this section to prevent community wide adverse economic impacts, increased crime, decreased property values and the deterioration of neighborhoods which can be brought about by the concentration of adult oriented businesses in close proximity to each other, or proximity to other incompatible uses, such as schools for minors, churches and residentially zoned districts or uses. The City Council finds that it has been demonstrated in various communities that the concentration of adult oriented businesses cause an increase in the number of transients in the area, and an increase in crime and, in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their close proximity to incompatible uses, while permitting the location of adult oriented businesses in certain areas.

   (B)   Findings Of City Council:

      1.   The city council, in adopting this section, takes legislative notice of the existence and content of the following studies concerning the adverse secondary side effects of adult oriented businesses in other cities: American Center For Law And Justice (1996); New York, New York (1994); state of New Jersey (1994); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989); Austin, Texas (1986); Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont, Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California (1978), Amarillo, Texas (1971); Cleveland, Ohio (1977); Los Angeles, California (1977). The city council finds that these studies are relevant to the problems addressed by the city in enacting this section to regulate the adverse secondary side effects of adult oriented businesses, and more specifically finds that these studies provide convincing evidence that:

         (a)   Adult oriented businesses are linked to increases in the crime rates in those areas in which they are located and in surrounding areas.

         (b)   Both the proximity of adult oriented businesses to sensitive land uses and the concentration of adult oriented businesses tend to result in the blighting and deterioration of the areas in which they are located.

         (c)   The proximity and concentration of adult oriented businesses adjacent to residential, recreational, religious, educational and other adult oriented businesses uses can cause other businesses and residences to move elsewhere.

         (d)   There is substantial evidence that an increase in crime tends to accompany, concentrate around and be aggravated by adult oriented businesses, including, but not limited to, an increase in the crimes of narcotics distribution and use, prostitution, pandering and violence against persons and property. The studies from other cities establish convincing evidence that adult oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses in residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values.

      2.   Based on the foregoing, the city council finds and determines that special regulation of adult oriented businesses is necessary to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or surrounding areas. The need for such special regulations is based upon the recognition that adult oriented businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses, such as parks, schools and churches, thereby having a deleterious effect upon the adjacent areas. It is the purpose and intent of these special regulations to prevent the concentration of adult oriented businesses and thereby prevent such adverse secondary side effects.

      3.   The location requirements, established by this section, do not unreasonably restrict the establishment or operation of constitutionally protected adult oriented businesses that are provided by this section.

      4.   In developing this section, the city council has been mindful of legal principals relating to regulation of adult oriented businesses and does not intend to suppress or infringe upon any expressive activities protected by the first amendments of the United States and California constitutions, but instead desires to enact reasonable time, place and manner regulations that address the adverse secondary effects of adult oriented businesses. The city council has considered decisions of the United States supreme court regarding local regulations of adult oriented businesses, including, but not limited to: Young v. American Mini Theaters, Inc. 427 U.S. 50 (1976) (Reh. Denied 475 U.S. 1132); FWIPBS, Inc. v. Dallas 493 U.S. 215 (1990); Barnes v. Glenn Theater 501 U.S. 560 (1991); United States court of appeals 9th circuit decisions, including, but not limited to: Topanga Press Et Al. v. City Of Los Angeles 989 F.2d 1524 (1993); several California cases, including, but not limited to: City Of National City v. Wiener 3 Cal. 4th 832 (1993); People v. Superior Court (Lucero) 49 Cal. 3d 14 (1989); and City Of Vallejo v. Adult Books Et Al. 167 Cal. App. 3d 1169 (1985); and other federal cases, including: Lakeland Lounge v. City Of Jacksonville (5th Cir. 1992) 973 F.2d 1255; Hang On, Inc. v. Arlington (5th Cir. 1995) 65 F.3d 1248; Mitchell v. Commission On Adult Entertainment (3d Cir. 1993) 10 F.3d 123; International Eateries v. Broward County (11th Cir. 1991) 941 F.2d 1157, and Star v. Satellite v. City Of Biloxi (5th Cir. 1986) 779 F.2d 1074.

      5.   The city council also finds that locational criteria alone do not adequately protect the health, safety and general welfare of the citizens of the city, and thus certain requirements with respect to the ownership and operation of adult oriented businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and blighting of areas in which such businesses are located, the city council also takes legislative notice of the facts recited in the case of K v. Inc. v. Kitsav County 793 F.2d 1053 (1986), regarding how live adult entertainment results in secondary effects, such as prostitution, drug dealing and other law enforcement problems.

      6.   The city council finds the following, in part based upon its understanding of the documents and judicial decision in the public record:

         (a)   Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specified anatomical parts in adult oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult oriented businesses on the site of the adult oriented businesses;

         (b)   Evidence has demonstrated that performers employed by adult oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

         (c)   Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment;

         (d)   Evidence indicates that fully enclosed booths, individual viewing areas and other small rooms whose interiors cannot be seen from public areas of the establishment regularly, have been found to be used as a location for engaging in unlawful sexual activity;

         (e)   As a result of the above, and the increase in incidents of AIDS and hepatitis B, which are both sexually transmitted diseases, the city has a substantial interest in adopting regulations which will reduce, to the greatest extent possible, the possibility of the occurrence of prostitution and casual sex acts at adult oriented businesses.

      7.   Zoning, licensing and other police power regulations are legitimate, reasonable means of accountability to help protect the quality of life in the city and to help assure that all operators of adult oriented businesses comply with reasonable regulations and are located in places that minimize the diverse secondary effects which naturally accompany the operation of such businesses.

      8.   The city council recognizes the possible harmful effects on children and minors exposed to the effects of such adult oriented businesses and the deterioration of respect for family values, and the need and desire of children and minors to stay away from and avoid such businesses, which causes children to be fearful and cautious when walking through or visiting the immediate neighborhood of such businesses; and the city council desires to minimize and control the adverse secondary effects associated with the operation of adult oriented businesses and thereby protect the health, safety and welfare of the citizens of the city; protect the citizens from increased crime; preserve the quality of life; preserve the property values and the character of surrounding neighborhoods and businesses; deter the spread of urban blight and protect against the threat to health from the spread of communicable and sexually transmitted diseases.

      9.   It is not the intent of the city council in enacting this section, or any provision thereof, to condone or legitimize the distribution of obscene material, and the city council recognizes that state law prohibits the distribution of the obscene materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities in the city.

      10.   Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter or the exhibition or public display thereof.

      11.   The city council finds the following in part, based upon its understanding of the documents and judicial decisions in the public record:

         (a)   Evidence indicates that some dancers, models and entertainers and other persons who publicly perform specified sexual activities or publicly display specific anatomical parts in adult oriented businesses (collectively referred to as "performers") have been found to engage in sexual activities with patrons of adult oriented businesses on the site of adult oriented businesses;

         (b)   Evidence has demonstrated that performers employed by adult oriented businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows;

         (c)   Evidence indicates that performers at adult oriented businesses have been found to engage in acts of prostitution with patrons of the establishment.

      12.   In prohibiting public nudity in adult oriented businesses, the city council does not intend to proscribe the communication of erotic messages or any other communicative element or activity, but rather only to prohibit public nudity due to the secondary impacts associated with such public nudity.

      13.   The city council also finds, as a wholly independent basis, that it has a substantial public interest in preserving societal order and morality, and that such interest is furthered by a prohibition of public nudity.

      14.   While the city council desires to protect the rights conferred by the United States constitution to adult oriented businesses, it does so in a manner that ensures the continued and orderly development of property within the city and diminishes, to the greatest extent feasible, those undesirable secondary effects which the aforementioned studies have shown to be associated with the development operation of adult oriented businesses.

      15.   In enacting a nudity limitation, the city declares that the limitation is a regulatory licensing provision and not a criminal offense. The city has not provided a criminal penalty for a violation of the nudity limitation. The city adopts such a limitation only as a condition of issuance and maintenance of an adult oriented business permit issued pursuant to the city code.

      16.   The city council finds that preventing the exchange of money between entertainers and patrons also reduces the likelihood of drug and sex transactions occurring in adult oriented businesses.

      17.   Requiring separations between entertainers and patrons reduces the likelihood that such persons will negotiate narcotics sales and/or transact sexual favors within the adult oriented business.

      18.   Enclosed or concealed booths and dimly lit areas within adult oriented businesses greatly increase the potential for misuse of the premises, including unlawful conduct of a type which facilitates transmission of disease. Requirements that all indoor areas be open to view by management at all times, and that adequate lighting be provided, are necessary in order to reduce the opportunity for, and therefore the incidence of, illegal conduct within adult oriented businesses, and to facilitate the inspection of the interior of the premises thereof by law enforcement personnel.

   (C)   Included Establishments: Establishment of an adult oriented business, as used herein, shall mean and include any of the following:

      1.   The opening or commencement of any adult oriented business as a new business;

      2.   The conversion of an existing business, whether or not an adult oriented business, to any "adult oriented business", as defined in subsection (D) of this section;

      3.   The addition of any of the adult oriented businesses, as defined in subsection (D) of this section, to any other existing adult oriented business; or

      4.   The relocation of any such adult oriented business.

   (D)   Definitions:

    ADULT ORIENTED BUSINESS: Any of the following:

   Adult Arcade: An establishment where, for any form of consideration, one or more still or motion picture projectors, video cassettes or other similar image producing devices are maintained to show images for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, twenty five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

   Adult Bookstore: An establishment that sells or rents books, magazines, periodicals or other printed matter, photographs, films, motion pictures, slides, tapes, video cassettes, records, or any other form of visual or audio representation, twenty five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

   Adult Cabaret: A nightclub, bar, restaurant or similar business establishment which: 1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or 2) which regularly features persons who appear seminude; and/or 3) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproduction, twenty five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

   Adult Hotel Or Motel: A hotel or motel, or similar business establishment, offering public accommodations for any form of consideration which provides patrons with close circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions, thirty percent (30%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

   Adult Motion Picture Theater: A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photogenic reproductions are shown, and twenty five percent (25%) or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or anatomical areas.

   Adult Newsstands:1.Any coin operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or anatomical areas.

2.Any shelf, countertop or rack, indoor or outdoor, used for displaying for sale, rental or other use to the public, magazines, newspapers, video cassettes or other periodicals substantially devoted to the depiction of specified activities or anatomical areas where twenty five percent (25%) of the area is devoted to said uses in nonadult businesses. This does not apply to interior display fixtures in approved adult entertainment businesses.

   Adult Theater: A theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

   Modeling Studio: A business which provides for pecuniary compensation, monetary or other consideration, hire or reward, figure models who for the purposes of sexual simulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated or maintained by an individual artist or group and which does not provide, permit or make available "specified sexual activities".

   CHURCH: An institution that people regularly attend to participate in or hold religious services, meetings or other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

   DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON: Means and refers to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City Of Covina, 115 Cal. App.3 151 (1981).

   REGULARLY FEATURES: With respect to an adult theater or adult cabaret, a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two (2) or more occasions within a thirty (30) day period; or four (4) or more occasions within a one hundred eighty (180) day period shall, to the extent permitted by law, be deemed to be a regular and substantial course of conduct.

   SCHOOL: Any child or daycare facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the state board of education. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

   SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

   SPECIFIED ANATOMICAL AREAS: Means and includes any of the following:

      1.   Less than completely and opaquely covered human: a) genitals or pubic region; b) buttocks; and c) female breasts below a point immediately above the top of the areola;

      2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

      3.   Any device, costume or covering that simulates any of the body parts included in subsection 1 or 2 of this definition.

   SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following, whether performed directly or indirectly through clothing or other covering:

      1.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

      2.   Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

      3.   Masturbation, actual or simulated;

      4.   Excretory functions as part of or in connection with any of the other activities described in subsections 1 through 3 of this definition.

   (E)   General Provisions: Adult oriented businesses may be permitted in compliance with the provisions of this section where the land use designation of the general plan for the subject property is "industrial" and where the zone district in which the subject property is located is "industrial", subject to the limitations and design standards specified within said zone districts in accordance with the provision of this section.

   (F)   Development Standards:

      1.   Minimum Proximity Requirements: The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property upon which the proposed land use is to be located to the nearest point of the property from which the proposed land use is to be separated.

      2.   Minimum Distance: Adult oriented businesses shall not be established or conducted within:

         (a)   One thousand feet (1,000') of any residential use;

         (b)   One thousand feet (1,000') of any funeral parlor, mortuary or similar facility;

         (c)   One thousand feet (1,000') of a public or private school for minors;

         (d)   One thousand feet (1,000') of a licensed daycare facility for minors;

         (e)   One thousand feet (1,000') of a church, synagogue or other place of worship;

         (f)   One thousand feet (1,000') from any other adult entertainment business; and

         (g)   One thousand feet (1,000') from any publicly used facility, such as parks, libraries, or any civic buildings; however, this subsection shall not apply to such uses as public utility facilities, such as the Taft-Kern County Airport, utility plants and similar uses.

      3.   Exterior Display: No adult entertainment business shall be operated in a way that permits observation of material depicting or describing "specified anatomical areas" or "specified sexual activities", as defined in this chapter, from any location outside of the building in which an adult entertainment business is operating.

      4.   Advertising; Displays: Advertising structures, advertisements, displays or other promotional material depicting "specified anatomical areas" or "specified sexual activities", or displaying of instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" shall not be visible from the outside of a building. Further, no building shall be painted in garish colors or such other fashion that will effectuate the same purpose as a sign.

      5.   Openings, Windows: All building openings, entries and windows for adult oriented businesses shall be located, covered or screened in a manner to prevent a view onto the interior from any exterior public or semipublic area.

      6.   Loudspeakers: No loudspeakers or sound equipment shall be used for adult oriented businesses that can be discerned by the public from public and/or semipublic areas.

   (G)   Interior Signage: An interior sign, with a minimum surface area of four (4) square feet, shall be posted in a prominent location inside the adult entertainment business, stating, in English and Spanish as follows:

   (H)   Operational Requirements:

      1.   Activities Conducted Indoor: All activities pertaining to the operation of an adult entertainment business shall be conducted inside the walls of the proposed building and shall be out of sight and sound from any location outside the building. This shall not apply to approved outdoor signage, for the purpose of notifying potential customers of the business.

      2.   Location Of Image Producing Machines: Within the adult entertainment business, all image producing devices shall be located so that the machines are open to view from any side and are without obstructions or separations that would block from open sight, any patrons using said machines.

      3.   Supervision: A responsible adult shall be present on the premises at all times and shall observe and supervise the use of all image producing devices and all areas of the business available to public access. Adult entertainment businesses containing over forty (40) image producing machines shall require the presence of two (2) responsible adults to observe and supervise all areas of the business available to public access.

      4.   Facility Design Requirements: All adult entertainment businesses, other than such businesses that are established as a tenant within an industrially zoned center containing multiple tenants, shall be designed and constructed to blend into, and appear as an integral part of, the built environment that characterizes the surrounding area.

      5.   Exclusion Of Minors: Access to any adult entertainment business by a minor shall be prohibited. A sign shall be posted on all entrances restricting inclusion or entrance of minors. No minors shall be employed by any adult entertainment business nor permitted entrance into the premises.

      6.   Minimum Lighting: No person shall operate an adult entertainment business, excluding adult motion picture theaters, unless a light level of not less than two (2) foot- candles at floor level is maintained in every portion of said establishment to which the public is admitted.

      7.   Maximum Occupancy Load: No person shall operate an adult entertainment business in which the number of persons in any room or partitioned portion of a room where an image producing device is located exceeds one person per thirty (30) square feet. The maximum occupancy permitted in any room or partitioned portion of a room in which any image producing device is located shall be conspicuously posted by the operator and shall remain posted at the entrance of said room.

      8.   Maximum Number Of Devices: No person shall operate an adult entertainment business in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

      9.   Free Access To Law Enforcement, Fire, Health And Safety Personnel, City Inspectors: No person shall deny access to an adult entertainment business for the purpose of a reasonable inspection to enforce compliance with building, fire, electrical, health or plumbing regulations, or California state law.

      10.   Other Remedies: The provisions of this subsection are to be constructed as added remedies not in conflict with or derogation of any other actions or proceedings or remedies otherwise provided by law.

   (I)   Nonconforming Establishments:

      1.   Legal Nonconforming Use: Any adult entertainment business establishment and conducted as a lawful business and a lawful use at the time this section became effective, has been in continuous operation since that time, and is not in conformance with the requirements of this title, shall be recognized as a legal nonconforming use.

      2.   Enlargement, Change Of Use: Any nonconforming adult entertainment use shall not be enlarged or changed by any of the following means, unless such a change will bring the business into full compliance with the requirements of this section:

         (a)   Increase in the size of the floor area or use area of a building or portion of a building in which the business is located;

         (b)   Use of an adjacent building in whole or part, whether on the same lot or an adjacent lot;

         (c)   Conversion of an existing adult entertainment business to any other adult entertainment business; and

         (d)   Addition of another adult entertainment business to an existing adult entertainment business.

      3.   Nonconformance With Distance Requirements: The establishment of any land use specified in subsection (F)2 of this section, within the prescribed distances to an existing adult oriented business, shall not, by establishment of that land use, require the removal of the adult oriented business; provided, that the adult oriented business is a legal use or a legal nonconforming use and is in conformance with all provision of this section and other applicable ordinances and statutes.

   (J)   Amortization Of Nonconforming Adult Oriented Business Uses: Any use of real property existing on the effective date hereof, which does not conform to the provisions of this chapter, but which was constructed, operated and maintained in compliance with all previous regulations, shall be regarded as a nonconforming use which may be continued for ten (10) years after the effective date hereof. On or before such date, all such nonconforming uses shall be terminated unless an extension of time has been approved by the city council in accordance with the provisions of this section.

      1.   Abandonment: Notwithstanding the above, any discontinuance or abandonment of the use of any lot or structure as an adult oriented business shall result in a loss of legal nonconforming status of such use.

      2.   Amortization Of Annexed Property: Any adult oriented business which was a legal use at the time of annexation of the property and which is located in the city, but which does not conform to the provisions of this section, shall be terminated within ten (10) years following the date of annexation unless an extension of time has been approved by the city in accordance with the provisions of this section.

   (K)   Extension Of Time For Termination Of Nonconforming Use: The owner or operator of a nonconforming use as described in this section may apply under the provisions of this section to the city council for an extension of time within which to terminate the nonconforming use.

      1.   Time And Manner Of Application: An application for a time extension within which to terminate a use made nonconforming by the provisions of this section may be filed by the owner of the real property upon which such use is operated, or by the operator of the use. Such an application must be filed with the planning department at least ninety (90) days but not more than one hundred eighty (180) days prior to the time in which to terminate such use.

      2.   Content Of Application; Fees: The application shall state the ground for requesting an extension of time. The filing fee for such application shall be the same as that for a variance as is set forth in the schedule of fees established by resolution from time to time by the city council.

      3.   Hearing Procedure: The city manager shall appoint a hearing officer to hear the application. The hearing officer shall set the matter for hearing within forty five (45) days of receipt of the application. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons area accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or witness. The hearing officer's decision shall be final and subject to judicial review pursuant to Code Of Civil Procedure section 1094.6.

      4.   Approval Of Extension; Findings: An extension under the provisions of this section shall be for a reasonable period of time commensurate with the investment involved, and shall be approved only if the hearing officer makes all of the following findings or such other findings as are required by law:

         (a)   The applicant has made a substantial investment (including, but not limited to, lease obligations) in the property or structure on or in which the nonconforming use is conducted; such property or structure cannot be readily converted to another use; and such investment was made prior to the effective date hereof;

         (b)   The applicant will be unable to recoup said investment as of the date established for termination of the use; and

         (c)   The applicant has made good faith efforts to recoup the investment and to relocate the use to a location in conformance with the provisions of this section.

   (L)   Regulations Nonexclusive:

      1.   Permitting Violations: Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinances or statute of the state of California regarding public nuisance, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof.

      2.   Nonexclusive: The regulations set forth in this section are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of adult entertainment establishments set forth elsewhere in applicable ordinances.

   (M)   Display Of Harmful Material To Minors Prohibited:

      1.   Public Displays: It shall be unlawful to display, cause to be displayed or permit to be displayed for commercial purposes, any harmful matter in any public place, except for a public place from which minors are excluded.

      2.   Blinder Racks: Harmful matter is not considered to be displayed if it is located in an area that places such material reasonably beyond the reach of a minor and a device, commonly known as a blinder rack, is placed in front of such harmful matter.

      3.   Video Recordings: Any person who sells or rents video recordings containing harmful matter shall comply with Penal Code section 313.1.(e) which requires the creation of a separate area within a business establishment for the placement of such video recordings for display of any material advertising the sale or rental of such video recordings. Additionally, any harmful matter, placed or displayed in that separate area, must be obscured by a blinder rack if the harmful matter can be viewed by any persons outside that area.

      4.   Newsracks: Any newsrack, which offers harmful matter for sale, must place a blinder rack in front of such harmful matter so as to obscure the lower two-thirds (2/3) of the material displaying said harmful matter. For purposes of this subsection, a wrapper which obscures the lower two-thirds (2/3) of the material and which is fastened securely to the material may be used in lieu of a blinder rack. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to ensure that keeping of animals or husbandry land uses does not create adverse impacts to adjacent properties, such as dust, noise, odor, fumes, bright light, visual blight or insect infestation.

   (B)   Applicability: All keeping of animals or husbandry land uses conducted shall comply with the provisions of this section, in addition to applicable provisions of the zone district in which the said use is located.

   (C)   Preexisting Uses: Legally established keeping of animals and husbandry uses which would, as a result of the adoption of this title become nonconforming within this title, be permitted to continue as a "legal nonconforming use"; provided, that the use meets the criteria for legal nonconforming uses, pursuant to section 6-2-13 of this title, nonconforming use and structure provisions.

   (D)   Permitted Uses: The following uses are permitted uses on each residential parcel in the city. For purposes of calculating allowed number of animals, remainders of area or of animals shall be rounded down:

      1.   Domestic Pets: The following standards apply to the keeping of domestic pets within A, RS, R-1, R-2 and R-3 zone districts:

         (a)   Not more than four (4) dogs may be kept, maintained or harbored at any residence within the city.

         (b)   The keeping of up to four (4) domestic, adult household pets, other than dogs, including domestic birds, rabbits, hamsters, rats, mice, etc., shall be permitted in any combination of species for each ten thousand (10,000) square feet of net lot area, provided the total number of adult household pets kept does not exceed twenty (20) animals.

      2.   Horses: The following standards apply to the noncommercial keeping of horses within the A and RS zone districts:

         (a)   No horses or ponies shall be kept on any lot with a net area less than twenty thousand (20,000) square feet.

         (b)   One adult horse may be kept on a parcel for each twenty thousand (20,000) square feet of net lot area, up to a maximum of six (6) horses or ponies, or combination thereof.

      3.   Other Animals: Noncommercial keeping of the following animals, in any combination, may be permitted within the A and RS zone districts:

         (a)   Goats, sheep and other small sized cleft hoof animals:

            (1) No goats, sheep or other small sized cleft hoof animals shall be kept on any parcel with a net area of less than twenty thousand (20,000) square feet.

            (2) Two (2) adult goats, sheep or other small sized cleft hoof animal may be kept for each additional twenty thousand (20,000) square feet of net lot area, up to a maximum of six (6) adult animals total, in any combination of species.

         (b)   Cattle (bovines):

            (1) No cattle or bovines shall be kept on any lot or parcel with a net area of less than forty thousand (40,000) square feet.

            (2) One bovine may be kept for each twenty thousand (20,000) square feet of net lot area up to a maximum of four (4) bovine.

         (c)   Poultry, rabbits and other small animals:

            (1) On parcels ten thousand (10,000) square feet net lot area or larger, a maximum of four (4) such adult animals, in any combination of species, may be kept.

            (2) On parcels ten thousand (10,000) square feet net lot area or larger, a maximum of four (4) such adult animals per each additional ten thousand (10,000) square feet of net lot area, in any combination of species, may be kept, provided the total number kept does not exceed twenty (20) animals.

      4.   Student Oriented Projects: The breeding and raising of livestock, in greater numbers than allowed in this section, by minors in conjunction with a student oriented fair project sponsored by a bona fide agricultural organization shall be permitted upon application to and approval by the project assistance team.

         (a)   Application Contents: An application for a temporary animal permit shall include the following:

            (1) The name and address of the applicant.

            (2) The names and address of the property owner.

            (3) Assessor's parcel number.

            (4) Legal description of the subject property.

            (5) Name of the organization sponsoring the applicant.

            (6) A plot plan showing the location of proposed pens, coops or areas for the breeding and raising of animals in relation to existing residences and other buildings and structures within one hundred feet (100') of pens, coops or areas housing livestock.

            (7) The signature of each owner of the real property abutting the subject lot consenting to the granting of the temporary animal permit.

         (b)   Development Standards And Conditions: The breeding and raising of animals on a temporary basis shall comply with the following standards and conditions:

            (1) Applicant shall be sponsored by a bona fide organization, such as, but not limited to, Future Farmers Of America, 4-H Club, Cow-Belles or Junior Farmers.

            (2) The increase in animal density shall not exceed one horse, donkey, mule, cow, dairy stock, goat, hog, sheep or other similar animal for each additional ten thousand (10,000) square feet of lot area. In any case, no more than six (6) additional animals shall be allowed.

            (3) A temporary animal permit shall be effective for a period of six (6) months from the effective date of the permit. No more than one such permit shall be approved for any lot within a one year period.

            (4) The written consent of each abutting property owner consenting to the granting of a temporary animal permit must be obtained.

            (5) The applicant shall allow inspection of animal maintenance facilities by the Kern County health department and city staff.

            (6) The project assistance team may revoke a temporary animal permit at any time for noncompliance with this section or upon receipt of a recommendation for revocation from the Kern County health department.

            (7) Each additional animal authorized by a temporary animal permit over the allowable animal density specified herein shall be removed upon expiration of the permit.

      5.   Conditionally Permitted Uses: The following shall be permitted subject to securing an approved conditional use permit in the agricultural zone district in accordance with section 6-2-5 of this title:

         (a)   Exotic or wild animals, as defined in section 6-1-19, "Definitions", of this title.

         (b)   On lots twenty thousand (20,000) square feet or greater, frog farms or the raising of earthworms may be permitted; provided, that the area devoted to such use or uses shall not exceed ten percent (10%) of the net lot area.

         (c)   Fish hatcheries or farms for stocking, breeding or commercial sale.

         (d)   The raising of rabbits, chinchilla, nutria, hamsters, guinea pigs and other such animals similar in size, appearance and weight for commercial purposes.

         (e)   Noncommercial aviaries (not including chickens); provided, that the number of birds shall not exceed seventeen (17) birds for each forty thousand (40,000) square feet of net lot area.

         (f)   Noncommercial apiary (beekeeping); provided, that hives and/or boxes shall be placed a minimum of four hundred feet (400') from any street, road, highway, public school, park or any occupied dwelling, except for the owner or caretaker of the apiary.

      6.   Animal Offspring: Offspring born to permitted or conditionally permitted animals kept on any given site may be maintained on said site until weaned without being counted against the maximum number of animals permitted on the site as follows:

         (a)   Dogs: Six (6) months;

         (b)   Horses and ponies: Twelve (12) months;

         (c)   All other equine and cleft hoof animals: Six (6) months. (Ord. 768-08, 8-19-2008)

   (A)   Purpose:

      1.   It has been found that business establishments and organizations engaged in the sale of alcoholic beverages for consumption frequently generate or contribute to problems which adversely affect the health, peace or safety of the city residents, property owners, businesses, visitors and workers. Such problems include, but are not limited to, loitering, obstruction of pedestrian and vehicular traffic, defacement of buildings, disturbances of the peace, illegal drug activity, drinking in public, harassment of passerby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, excessive littering, illegal parking, excessive loud noises in the late night and early morning hours, traffic violations, lewd conduct, police detections or arrests, and the deterioration of neighborhoods in which such establishment and business premises are located.

      2.   The purpose of this section is to protect the health, safety and welfare of the community by: a) imposing restrictions on the location of such establishments in relation to one another and in relation to certain public and private facilities and structures; and b) requiring that each such establishment or organization obtain a conditional use permit in connection with its business operations or its events and activities which involve the sale of alcoholic beverages.

   (B)   Applicability: The provisions of this section shall apply to all new establishments selling alcoholic beverages, for either on site or off site consumption.

      1.   Site Plan Review: A site plan review application shall be filed with the Planning Department with approvals vested with the Planning Director for the following alcoholic beverage retailers:

         (a)   A new application for a Type 41 On Sale Beer and Wine - Eating Place or Type 20 Off Sale Beer and Wine license for a premises located within a census tract that has not reached the maximum number or authorized licenses by ABC.

         (b)   An existing licensed retailer within City of Taft boundaries transferring an existing Type 41 or Type 20 license to another location within the City.

         (c)   A Type 20 licensee premises shall have no more than ten percent (10%) of gross floor area dedicated to alcoholic beverage sales, applicable to new and transferred licenses.

         (d)   A licensee premises shall not be a public premises.

      2.   Conditional Use Permit: A conditional use permit application shall be filed with the Planning Department with approvals vested with the Planning Commission if any of the following conditions apply to the proposed alcoholic beverage retailer:

         (a)   All new or transferred license types that do not qualify for a site plan review per this section.

         (b)   A licensee premises is located in a census tract that has more licenses issued than the maximum number of authorized licenses, deemed over-concentrated, by ABC.

         (c)   An off-sale licensee premises with more than ten percent (10%) of gross floor area dedicated to alcoholic beverage sales.

   (C)   Standard Conditions Of Approval For All Alcoholic Beverage Retailers:

      1.   The applicant shall furnish the city a copy of the ABC license and a copy of the conditions placed on the license by the department of alcoholic beverage control prior to the commencement of alcoholic beverage retail operations at the licensee premises.

      2.   The applicant shall comply with all restrictions placed upon the license issued by the state of California department of alcoholic beverage control.

      3.   An amendment of an approved site plan review or conditional use permit, as provided in this title, shall be obtained when:

         (a)   The establishment proposes to change its type of license.

         (b)   The establishment proposes to modify any of its current conditions of approval.

         (c)   There is a substantial change in the mode or character of operations of the establishment.

      4.   Exterior lighting in the premises parking area shall be designated to provide adequate lighting for patrons, while not unreasonably disturbing surrounding properties. A lighting plan, subject to review and approval by the planning director, shall be implemented prior to sale of any alcoholic beverage.

      5.   In the event city staff determines that security problems exist on the site, the conditions of this permit may be amended, under the provisions of this title, to require additional security.

      6.   The establishment shall have a public telephone listing.

      7.   It shall be the responsibility of the licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skill that will enable them to comply with their responsibilities under state law. This includes, but is not limited to, the following:

         (a)   State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of operation, and penalties for violations of these laws.

         (b)   The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure or harm themselves or other individuals as a result of the excessive consumption of alcoholic beverages.

         (c)   Alcohol as a drug and its effects on the body and behavior, including the operation of a motor vehicle.

         (d)   Methods for dealing with intoxicated persons and recognizing underage persons.

      8.   Litter and trash receptacles shall be located at convenient locations inside and outside the establishment operators of such establishments shall remove trash and debris in a manner to eliminate a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.

      9.   The planning commission has the right to hold a public hearing to revoke or amend any licensee's approved conditional use permit or site plan review pursuant to the provisions of this title. Said license may be revoked or amended if public nuisances are demonstrated to occur as a result of criminal or antisocial behavior, including, but not limited to, the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter.

      10.   A site plan review or conditional use permit which has been approved or conditionally approved for alcohol related land uses shall become null and void unless exercised within one year of the date of final approval. An extension of time may be granted by the planning commission or planning director pursuant to a written request for extension, with the request submitted to the planning department a minimum of ninety (90) days prior to such expiration date.

   (D)   Additional Standard Conditions Of Approval For On-Sale Licenses:

      1.   All alcoholic beverages sold in conjunction with an on sale licensed establishment must be consumed entirely on the premises. The off-sale of alcoholic beverages is prohibited.

      2.   There shall be no live entertainment, amplified music or dancing permitted on the premises at any time, unless specifically authorized by a conditional use permit approved by the planning commission. Furthermore, the operation of the premises shall be consistent with the license conditions imposed by the state of California department of alcoholic beverage control.

      3.   The establishment shall comply with the provision of section 6-11-18, "Noise Hazards", of this title.

      4.   In addition to the knowledge and skills deemed necessary for responsible alcoholic beverage services, as set forth in this section, the following additional topics and skills shall be required:

         (a)   Methods to appropriately pace customer drinking to reduce the risk that a customer may leave the premises in an intoxicated manner.

         (b)    Knowledge of mixology, including marketable alternatives to alcoholic beverages.

   (E)   Additional Standard Conditions Of Approval For On Sale Licenses With Outdoor Dining Areas:

      1.   Outdoor dining areas utilized for the sale, service or consumption of alcoholic beverages shall be in continuous supervision at all times to ensure the outdoor dining area does not create a public nuisance contrary to public welfare.

      2.   All outdoor dining areas shall be surrounded by an enclosure of a design and height satisfactory to the planning commission.

      3.   Any canopy constructed over an outdoor dining area shall comply with all requirements of the building and fire departments.

   (F)   Additional Standard Conditions Of Approval For Off Sale Licenses:

      1.   The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises stating that drinking of alcoholic beverages on the premises is prohibited by law.

      2.   No off sale establishment shall be permitted within six hundred feet (600') of a school, park, playground, daycare for children, or other recreation or youth facilities.

      3.   These premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center.

   (G)   Public Convenience And Necessity: A determination of public convenience and necessity shall be made for all conditional use permit approvals for off-sale and on-sale licenses located in over-concentrated areas. The planning director, planning commission, and/or city council shall make the following findings of public convenience and necessity:

      1.   The proposed off-sale or on-sale license is compatible with the existing nature and character of the proposed location, adjacent properties, and the surrounding area;

      2.   The proposed off-sale or on-sale license is not anticipated to have an adverse effect, introduce a new or contribute to an existing crime problem at the proposed location, adjacent properties, and surrounding area.

      3.   The proposed location for the off-sale or on-sale license has no building code, municipal code, or public health code violations of record.

   (H)   Additional Conditions: The planning director, planning commission, or city council may impose additional conditions of approval to the above listing of items in order to fully ensure that the proposed issuance of a land use approval for an alcohol license is fully compatible with the surrounding neighborhood and that all adverse environmental impacts and nuisances are mitigated to the fullest extent possible. (Ord. 768-08, 8-19-2008; amd. Ord. 842-21, 9-7-2021)

   (A)   Intent: This section is intended to ensure that the operation and maintenance of commercial and noncommercial kennels, as defined in section 6-1-19, "Definitions", of this title, does not create a nuisance or otherwise impair the enjoyment of surrounding properties.

   (B)   Applicability: All kennels, both noncommercial and commercial, shall comply with the provisions of this section and all other standards and permit procedures pursuant to the zone district in which such kennel is located.

   (C)   Performance Standards For Commercial And Noncommercial Kennels:

      1.   Animal Runs: Animal runs shall meet the following criteria:

         (a)   All animal runs shall be of adequate size for animals held therein.

         (b)   All animal runs shall be constructed and/or coated with nonporous material to discourage the breeding of ticks and other similar pests.

         (c)   All animal runs and animal holding areas shall have concrete or other durable flooring which is sloped for proper drainage.

         (d)   All animal runs shall have adequate enclosures to provide protection from inclement weather.

         (e)   All animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.

      2.   Sanitation: All kennels shall be served by sewer and/or all excrement produced by said kenneled animals shall be properly disposed of on a regular basis to control flies and odor.

      3.   Noise Control: The kennel area shall be so located and sound attenuated, if necessary, so that noise levels measured at the property line do not exceed standards set for the adjacent use.

      4.   Location Not In Setback Areas: No animal runs, exercise areas or keeping of the kenneled animals for commercial or noncommercial purposes shall be located within a required setback area. (Ord. 768-08, 8-19-2008)

The keeping of exotic animals, as defined in section 6-1-19, "Definitions", of this title, shall be permitted only in the A and RS zone districts, subject to the following regulations:

   (A)   Veterinarian Statement; Notice Description: Prior to giving notice in accordance with the provisions of section 6-2-15, "Public Hearing And Notification Procedures", of this title, the reviewing authority shall request that the county veterinarian submit a statement regarding the particular animal's mature behavior and personality characteristics. Notice given to adjacent property owners shall include a description of the type of animal and its behavioral characteristics.

   (B)   Required Evidence: Any action to approve a request for keeping an exotic animal shall not be effective until written evidence is received by the planning director that:

      1.   The applicant has applied for and obtained a permit from the public health department.

      2.   The applicant has applied for and obtained a permit from the state department of fish and game, if required.

   (C)   Conditions: Any action to approve a request for an exotic animal shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:

      1.   The keeping of the animal must comply with the provisions of this title, and any other applicable city code, including setbacks from property lines and other dwellings.

      2.   The keeping of the animal must comply with all applicable federal and state requirements.

      3.   No more than two (2) exotic animals over the age of six (6) months may be kept, unless a conditional use permit for a menagerie or zoo has been approved by the city. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to reduce the potential safety, aesthetic and view blocking impacts of antennas and satellite dishes, and to integrate such structures into neighborhoods with the least possible impact.

   (B)   Applicability:

      1.   Specified: This section applies to every antenna and satellite dish installed or modified on or after the effective date hereof.

      2.   Approval Required: Except as otherwise provided for in this section, no antenna or satellite dish shall be installed or modified prior to approval by the project assistance team, including an antenna or satellite dish proposed as an accessory structure to an existing use for which a conditional use permit was required.

   (C)   Development Standards:

      1.   Residential Districts: Every satellite dish installed, modified and maintained in a residential zone district shall be in accordance with the provisions of this subsection:

         (a)   Only one per parcel is permitted.

         (b)   The diameter of the dish shall not exceed five feet (5').

         (c)   The dish shall not be located in the front yard of the parcel.

         (d)   The dish shall comply with all height and setback requirements specified for accessory structures within the applicable district.

         (e)   Dishes less than three feet (3') in diameter may be roof mounted; provided, that the top of the dish is mounted on the rear of the building, below the peak of the roofline in such a manner as to be screened as much as possible from view from a public street, and is no greater than twenty three feet (23') in total height from ground level. Dishes with a diameter of three feet (3') or greater shall be ground mounted and shall be no greater than eight feet (8') in height from ground level.

         (f)   The dish shall be finished in a color to neutralize and blend in with the immediate surroundings.

         (g)   The dish shall be screened and landscaped along all sides when visible from the street, except the reception window for which low level landscape treatment shall be applied along the dish's base. Such treatments shall completely enclose the dish.

         (h)   The installation shall be so located to prevent obstruction of the dish's reception window from potential development on adjoining parcels of land.

         (i)   A building permit shall be obtained.

         (j)   The display of signs, lighted displays or other graphics on a satellite dish is prohibited.

      2.   Nonresidential Districts: Every satellite dish installed, modified and/or maintained in a nonresidential zone district shall be in accordance with the provisions of this subsection:

         (a)   Only one dish greater than five feet (5') in diameter per parcel may be permitted.

         (b)   The diameter of any dish shall not exceed ten feet (10').

         (c)   Dishes shall comply with all height and setback requirements specified for accessory structures for the applicable zone district.

         (d)   Dishes shall be finished in color to neutralize and blend in with the immediate surroundings.

         (e)   The installation shall be located in such a way as to prevent obstruction of the dish's reception window from potential development on adjoining parcels.

         (f)   Dishes shall not be located in front of the primary structure on the parcel, and shall not be visible from a primary access street.

         (g)   A building permit shall be obtained.

         (h)   The displays of signs, lighted displays or other graphics on a satellite dish is prohibited.

      3.   Standards For Antennas In All Districts: The installation of one antenna which exceeds the maximum height for the district within which the antenna is to be located may be permitted, subject to the following limitations, and the approval of a conditional use permit pursuant to section 6-2-5 of this title:

         (a)   Any operation of citizens band or other radio transmitting equipment, excluding public service, public safety or emergency radio services, shall be subject to the provisions of chapter 13, "Performance Standards", of this title.

         (b)   Microwave, mobile phone antenna and antenna repeater stations are subject to the provisions of section 6-12-8-1, "Antennas And Wireless Telecommunication Facilities", of this chapter.

         (c)   Antennas for noncommercial use shall not exceed ten feet (10') over the height limit for the district in which it is located, unless such antenna is found by the planning commission to be necessary to protect the public health and safety. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to establish standards which will mitigate the noise and loitering commonly associated with arcades and video machines. Regulations controlling the specific location and development of these uses are established by this section.

   (B)   Applicability: "Arcades", as defined in section 6-1-19, "Definitions", of this title, shall be permitted only in the general commercial (GC) and downtown commercial (DC) zone districts, subject to the approval of a conditional use permit in compliance with the provisions of section 6-2-5 of this title. A conditional use permit shall also be required at such a time as application is made to the city to expand an existing arcade.

   (C)   Minimum Development And Performance Standards:

      1.   Maximum Number Of Machines: The number of video machines permitted shall not exceed one machine per each thirty (30) square feet of floor area.

      2.   Lighting: The arcade shall be fully and adequately lighted for easy observation of all areas of the premises.

      3.   Bicycle Racks: Bicycle storage racks shall be maintained off the public sidewalk at the ratio of one-half (1/2) bicycle space per machine to adequately accommodate bicycles utilized by arcade patrons.

      4.   Telephones: At least one public telephone shall be provided at each arcade. All telephones shall be located within the building.

      5.   Hours Of Operation: Hours of operation shall be limited to between eight o'clock (8:00) A.M. and ten o'clock (10:00) P.M. every day of the week.

      6.   Adult Supervision:

         (a)   An employed adult supervisor shall be able to readily observe all video machines and all areas of business during hours of operation.

         (b)   There shall be one employed adult supervisor for each forty (40) video machines on the premises during hours of operation.

      7.   Noise: No sound created by any arcade, or its patrons, shall be detectable from the exterior of the arcade or from adjacent uses.

      8.   Litter: The premises shall be continuously maintained in a safe, clean and orderly condition. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to ensure that automobile dealerships do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, or drainage runoff. The following special conditions shall apply to automobile dealerships.

   (B)   Development Standards: All new dealerships shall comply with the provisions of this section, in addition to the development standards and permit procedures of the zone district in which it is located:

      1.   Minimize Lot Size: The minimum lot size for automobile dealerships shall be twenty thousand (20,000) square feet.

      2.   Parking: Areas designated for employee and customer parking shall not be used for vehicle storage or display.

      3.   Landscaping: A minimum five foot (5') landscape strip shall be provided outside the public right-of-way along the street frontage perimeter of all vehicle display areas.

      4.   Washing Of Vehicles: All washing, rinsing or hosing down of vehicles and of the property shall comply with the requirements specified in section 6-12-29, "Vehicle Repair Facilities", of this chapter.

      5.   Loading, Unloading: Loading and unloading of vehicles shall be conducted in accordance with the following provisions:

         (a)   The dealership operator is deemed to be responsible and liable for any activities of a common carrier, operator or other person controlling such loading or unloading activities to the extent any such activities violate the provisions of this subsection.

         (b)   Off loading locations shall be established either on site or off site, and shall be subject to the approval of the Public Works Director if within the public right-of-way. Loading and unloading activities shall not block the ingress and egress of any adjacent property.

      6.   Storage Of Vehicles To Be Repaired: Vehicles brought on site for repair purposes shall not be parked or stored on any public street or alley, and should be parked in required parking spaces reserved for such purposes.

      7.   Repair Of Vehicles: The repair and service facility portion of any automobile dealership shall comply with the provisions of section 6-12-29, "Vehicle Repair Facilities", of this chapter.

      8.   Queuing Of Vehicles: On site queuing area or lanes for service customers shall be provided, which shall be large enough to accommodate a minimum of one and one-half (11/2) vehicles for each service bay in the facility. On site driveways may be used for queuing, but may not interfere with access to required parking spaces. Regular parking spaces may not double as queuing spaces.

      9.   Noise Control:

         (a)   Loudspeakers are permitted; provided, that noise levels are maintained below fifty five (55) dBA at any boundary.

         (b)   All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to reduce noise levels below fifty five (55) dBA at the property boundary.

      10.   Toxic Waste Storage And Disposal: Gasoline storage tanks shall meet all applicable State and local health regulations, and shall be constructed and maintained under the same conditions and standards that apply to service stations.

      11.   Air Quality:

         (a)   Brake washers shall be installed and utilized in all service stalls or areas which perform service on brakes containing asbestos or other materials known to be harmful when dispersed into air.

         (b)   Mechanical ventilating equipment shall direct exhaust away from adjacent residential properties.

         (c)   Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to ensure that automobile rental agencies do not create adverse impacts on adjacent properties and surrounding neighborhoods due to insufficient on site customer and employee parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes or drainage runoff.

   (B)   Development Standards:

      1.   Washing Of Vehicles: All washing, rinsing or hosing down of vehicles and of the property shall comply with the requirements of section 6-12-29, "Vehicle Repair Facilities", of this chapter.

      2.   Repair Of Vehicles: No vehicle repair work shall occur on the premises unless all repair work and storage of parts is contained entirely within an enclosed building and the rental agency is otherwise permitted and licensed by the State of California to repair motor vehicles.

      3.   Storage Of Vehicles: No vehicles to be displayed, sold, rented or repaired shall be parked or stored on any street or alley. In addition, no rental cars shall be stored or parked within parking areas intended to comply with the provisions of chapter 14, "Parking Regulations", of this title. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to control the establishment and operation of bed and breakfast uses to ensure that such uses do not adversely affect the surrounding neighborhood.

   (B)   Applicability: All bed and breakfast uses, as defined herein, shall comply with the provisions of this section and the zone district in which the use is located.

   (C)   General Regulations:

      1.   Permitted Use: Bed and breakfast uses may be permitted in all residential and commercial zone districts in which residential (permanent and transient) uses are either permitted or are permitted subject to an approved conditional use permit.

      2.   Use Accessory; Residence: This use shall be conducted as an accessory use only; the residential structure shall serve as the primary residence of the owner. If a corporation is the owner, a majority shareholder of the corporation shall reside in the residential structure where said use is proposed.

         (a)   All bed and breakfast uses shall be subject to:

            (1) A conditional use permit, as specified in section 6-2-5 of this title.

            (2) A health permit, as specified in the Kern County Code.

            (3) A Transient Occupancy Tax (Bed Tax).

         (b)   Application for a permit shall be made by the resident property owner or his/her legal agent having power of attorney to make such application.

   (D)   Development Standards:

      1.   Structural Features:

         (a)   All dwelling units proposed for a bed and breakfast use shall comply with standards and specifications of the California Building Code, and shall also be subject to the room occupancy standard outlined in the State Housing Law (as amended).

         (b)   Each guestroom shall be equipped with a fire extinguisher and a smoke detector conforming to California Building Code standards. An exit/egress and an emergency evacuation map shall be displayed in a prominent location in each guestroom.

      2.   Accesses And Driveways: The owner shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants use at all times.

      3.   Design Standards:

         (a)   Alterations and modifications may be made to the structures and the site, but such alterations shall be compatible with the character of the neighborhood. Such alterations and modifications shall also comply with all applicable City provisions, requirements and standards and ordinances.

         (b)   Additional landscaping may be required to screen parked vehicles from direct view of the neighbors, particularly where such parking is located within a front yard setback.

         (c)   Any lights used to illuminate the site shall be designed and placed to reflect away from adjoining properties and public thoroughfares.

         (d)   A nonilluminated identification sign, not to exceed six (6) square feet in area is permitted. If not attached to the residence, such sign shall not exceed six feet (6') in height and must blend with the architectural style of the structure and the neighborhood.

      4.   Kitchen Facilities:

         (a)   There shall be no cooking facilities permitted in guestrooms.

         (b)   The sale of food or other materials in residential districts is limited to guests who are currently occupying the premises where the use is located and not to the general public.

      5.   Miscellaneous Standards:

         (a)   The land use shall not involve the use of commercial vehicles for delivery of materials to or from the premises, except for those commercial vehicles normally associated with residential use deliveries.

         (b)   There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

         (c)   The appearance of the structure shall not be altered nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by use of colors, materials, lighting, signs or the emission of sounds, noises and vibrations.

         (d)   The use of utilities and community facilities shall be limited to that normally associated with the use of a property for residential purposes.

      6.   Penalty For Noncompliance: The planning commission may void any conditional use permit for a bed and breakfast use for noncompliance with the conditions set forth in the approving permit. Notice of such a pending action shall be given to the permittee prior to any action being taken.

      7.   Findings: Prior to acting upon an application for a conditional use permit for a bed and breakfast use, the planning commission shall find that all the following are true:

         (a)   The site, upon which the bed and breakfast use is to be established, shall conform to all standards of the zone district in which it is located; the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, building coverage, setbacks, parking areas and other applicable requirements of this title are met.

         (b)   The residential character of the neighborhood in which the use is located is maintained and preserved and that the issuance of the permit shall not be significantly detrimental to the public health, safety and welfare or injurious to the vicinity and district in which the use is located. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to ensure that daycare facilities, as defined in section 6-1-19 of this title, which provide childcare in a residential zone district does not adversely impact the adjacent neighborhood. While family daycare facilities are needed by city residents in close proximity to their homes, care must be taken to prevent the potentially adverse traffic conditions, noise and safety impacts this land use could have on the community. It is further the intent of this section to allow daycare operations in residential surroundings to give children a home environment which is conducive to healthy and safe development.

   (B)   Performance Standards For Small Daycare Facilities:

      1.   General Requirements: A small family daycare facility shall conform to all property development standards and permit procedures of the zone district in which it is located, in addition to the provisions of this section and any requirements governed by California Health And Safety Code section 1597.46.

      2.   Outdoor Play Area: An outdoor play area shall be provided, which complies with the provisions of the California Health And Safety Code governing child daycare homes. Stationary play equipment shall not be located in required front or side yard setbacks.

      3.   Fences And Walls: When located within or adjacent to a nonresidential district, a six foot (6') high solid fence or wall shall be constructed on all such property lines, except within the front yard area where the fence or wall shall not exceed forty inches (40") in height. Materials, textures, colors and design of the fence must be compatible with on site development and adjacent properties. All fences or walls shall provide for child safety with controlled points of entry.

      4.   Landscaping: On site landscaping shall be maintained in good physical condition.

      5.   On Site Parking: On site parking for home based daycare facilities located within residential zone districts shall require no more than two (2) on site spaces.

      6.   Passenger Loading: A passenger loading/unloading plan shall be reviewed and approved by the public works director.

      7.   Lighting: All lighting shall comply with the provisions of section 6-13-8, "Light And Glare", of this title, except that when located within a residential district, lighting shall be directed away from adjacent properties and public rights of way, except for passenger loading areas.

      8.   Hours Of Operation: For the purposes of noise abatement, daycare facilities in residential districts may only operate between the hours of six o'clock (6:00) A.M. and seven o'clock (7:00) P.M., seven (7) days a week.

      9.   Outdoor Activity: For the purposes of noise abatement, outdoor activities for daycare facilities in residential districts may only be conducted between the hours of eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M.

      10.   State And Other Licensing Requirements: All daycare facilities shall be state licensed and shall be operated according to all applicable state and city regulations.

   (C)   Performance Standards For Large Family Daycare Facilities: Applicants for large family daycare facilities, seven (7) to twelve (12) children, shall be required to submit an application to the planning department for a large family daycare facility. This application, which may be obtained at the office of the planning department, requires the applicant's signature to acknowledge that the following conditions shall be adhered to if the permit to operate is to remain valid:

      1.   Single-Family Dwelling; Use Secondary: The facility is a single-family dwelling and is the principal residence of the provider. This use as a family daycare home is clearly incidental and secondary to the use of the property for residential purposes.

      2.   Structural Alterations: No structural changes or signage is proposed which will alter the character of the single- family residence.

      3.   Parking: In addition to the required off street parking for the residence, a minimum of one off street parking space per employee is required. The residential driveway is acceptable as such a parking space if said parking space will not conflict with any required child drop off or pick up area and does not block the public sidewalk or any portion of the city right of way.

      4.   Noise: The operation of the large daycare facility shall comply with noise standards contained in the noise element of the general plan and with section 6-11-18, "Noise Hazards", of this title.

      5.   Drop Off, Pick Up Area: Any residence located on an arterial street must provide a drop off and pick up area designed to prevent vehicles from backing onto an arterial roadway. Curbside drop off and pick up is acceptable if a curbside parking lane exists adjacent to the property. If existing curbside parking (drop off and pick up) is converted to a travel lane, this permit shall be terminated unless an adequate drop off and pick up area can be provided elsewhere to the satisfaction of the public works director.

      6.   Code Compliance: The provider shall comply with all applicable building code and fire code regulations regarding health and safety requirements. Provider shall, prior to operating the facility, apply for and receive a change of occupancy permit from the building official.

      7.   State License: The provider has secured a large family daycare facility (home) license from the state of California, department of social services.

      8.   Adverse Affects: The facility shall be operated in a manner which will not adversely affect adjoining residences or be detrimental to the character of the residential neighborhood in which it is located.

      9.   Additional Provisions: In addition to the provisions of this subsection (C), all provisions of subsection (B) of this section, not in conflict with this subsection, shall apply. (Ord. 768-08, 8-19-2008)

   (A)   Temporary Permit: A detached dependent housing unit, as defined in section 6-1-19, "Definitions", of this title, may be temporarily permitted in any single-family residential zone district, subject to an approved conditional use permit as an accessory use to any permitted single-family residential primary land use; provided, however, that there is only one primary residential land use occupying the site.

   (B)   Requirements:

      1.   Occupancy: The permittee shall occupy at least one of the dwelling units on the premises.

      2.   Application For Permit: Applications for a permit shall be made by a resident owner of the subject property, or his legal agent having power of attorney to make such application, on which the dependent housing unit is to be located.

      3.   Temporary Occupancy Permit: The applicant must obtain a temporary occupancy permit, pursuant to the provisions of section 6-2-10 of this title.

      4.   Letter Of Proof: Each year, prior to the anniversary of the approval, the applicant shall submit a letter from an attending physician stating that a medically related reason still exists for the dependent housing unit. If no such letter is submitted, or if no reason still exists for medical hardship, the temporary structure, and all appurtenances to it, shall be completely removed from the premises.

      5.   Notice Of Changes: The permittee shall submit written notification to the planning department of any proposed change of residency in the temporary dependent housing unit.

   (C)   Findings: Prior to acting upon an application for a conditional use permit for a temporary dependent housing unit, the planning commission shall find that all of the following are true:

      1.   Adequate Site: The site for the proposed use is adequate in size and shape to accommodate said use and all yards, building coverage, setbacks, parking areas and other requirements of this title are met.

      2.   Subordinate To Principal Unit: The proposed temporary dependent housing unit is clearly subordinate in size, location and appearance to the principal unit.

      3.   Not Detrimental: Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare or injurious to property or improvements in the general vicinity in which the land use is located.

      4.   Constructed For Removal: The temporary dependent housing unit shall be erected, constructed or installed so as to allow for its feasible removal.

      5.   Compatibility: The appearance of the temporary dependent housing unit and the method of siting are compatible with the surrounding environment.

   (D)   Conditions:

      1.   Permitted Structural Types: Units constructed to meet the standards of the national mobilehome and safety standards act of 1974 1 .

      2.   Floor Area: The floor area of the dependent (temporary) unit shall not exceed fifty percent (50%) of the floor area of the existing principal dwelling unit; however, in no case may the temporary dependent unit exceed eight hundred fifty (850) square feet in floor area.

      3.   Design Standards: The appearance of any temporary dependent housing unit erected, constructed or set down in accordance with the provisions of this section shall be similar to and compatible with the appearance of the principal residence on the property.

      4.   Parking: Parking for the temporary dependent housing unit shall be in accordance with the applicable requirements of this title, unless the residents of the temporary dependent housing unit are incapable of operating a motor vehicle.

      5.   Location And Occupancy: The temporary depended housing unit shall not extend beyond the principal residence where such principal residence faces a street right of way. The existing principal residence on the property shall be occupied by the owner of the property.

      6.   Lot Area: A temporary dependent housing unit shall not be permitted on any parcel which does not meet the minimum area requirements of the zone district in which it is located.

      7.   Development Standards: The dependent unit shall comply with the development standards for the zone district in which it is to be located.

      8.   Removal Of Unit: As a condition of permit approval, the permittee shall enter into an agreement with the City, placing responsibility upon the permittee to comply with the provisions of this section, describing the method of removal of the temporary dependent housing unit when the permit is no longer valid, and acknowledging that the permittee shall bear the cost of removal of such unit. (Ord. 768-08, 8-19-2008)

   (A)   Intent: This section is intended to ensure that drive- through businesses do not create adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light and litter.

   (B)   Applicability:

      1.   Specified: The provisions of this section shall apply to all new drive-through businesses and to the expansion of twenty percent (20%) or more of the gross floor area or an increase in the number of seats in any existing business that results in a drive-in or drive-through facility.

      2.   Exception: Floor area added for the purpose of compliance with State or local health laws or access requirements of the disabled shall not be included in floor area calculations of purposes of determining applicability of this section.

   (C)   Development Standards:

      1.   Hours Of Operation: When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through business shall not open prior to six o'clock (6:00) A.M., nor remain open after twelve o'clock (12:00) midnight, unless otherwise approved by the Planning Commission.

      2.   Drive-Through Lanes, Queuing, And Stacking:

         (a)   Drive-through businesses shall have a continuous lane that shall provide for both ingress and egress, in all instances, and these lanes shall provide queuing/stacking space adequate for a minimum of six (6) vehicles for restaurant uses and a minimum of four (4) vehicles for other commercial uses.

         (b)   Each drive-through lane shall be separated from the area of vehicle circulation necessary for ingress and egress to any parking space. Each drive-through lane shall be striped, marked or otherwise distinctly delineated.

      3.   Parking: A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval by the City Engineer. (Ord. 833-18, 4-17-2018)

"Emergency shelter", as defined in section 6-1-19 of this title, shall be subject to the following development standards:

   (A)   Maximum Stay: For emergency shelter, shall not exceed one hundred eighty (180) days in a three hundred sixty five (365) day period.

   (B)   Capacity: The maximum number of beds/persons permitted to be served nightly shall be based on the individual capacity of the building and overall facility and shall not be less than fifty (50) square feet per person served, consistent with California Government Code section 65583(4)(A).

   (C)   Location To Transit Stop: Facilities should be located within a one-half (1/2) mile radius of a local or regional transit stop, as measured from the property line.

   (D)   Distance Between Facilities: A minimum distance of two hundred feet (200') shall be maintained between emergency shelters.

   (E)   On Site Manager: At least one manager shall be on site during all hours of operation of the facility. Such manager shall be an individual who does not utilize the shelter's beds or other services and who resides off site.

   (F)   Parking: Each facility shall meet the minimum parking requirement of the residential structures they occupy, per chapter 14 of this title. There shall be a minimum of one parking stall for every four (4) beds or one-half (1/2) parking space for each bedroom designated for family units with children, plus one parking stall for each employee/volunteer on duty, shall be maintained.

   (G)   Bicycle Rack: Each facility shall provide an on site bicycle rack for use by residents of the facility.

   (H)   Lighting: Exterior lighting may be provided for the outdoor areas. All lighting shall be designed to project downward and not be directed toward or create glare on adjacent properties per section 6-13-8 of this title.

   (I)   Waiting, Intake Areas: Facility waiting and intake areas shall be provided containing a minimum of ten (10) square feet per bed provided at the facility. Waiting and intake areas shall be located within the facility building or may be located outside and shall be screened from public view by six foot (6') tall mature landscaping or six foot (6') tall solid wall or fence.

   (J)   Storage: Facility storage should be limited to within the interior of the facility structure. Outdoor storage shall be limited to small accessory structures that meet all development, setback and lot coverage standards of the zone district and be consistent with section 6-11-3 of this title. Large storage containers and seatrains are prohibited.

   (K)   Restroom Facilities: Each facility shall provide a minimum of one restroom facility that includes at least one sink, one toilet and one shower. Facilities that accommodate homeless families shall provide an additional restroom facility specifically designated for use just by families. Larger facilities shall provide additional restroom facilities at a ratio of one full restroom facility for every ten (10) beds.

   (L)   Operational Plan: An operational plan may be required for review and approval to address additional specific needs as identified by the planning director. The approved operational plan shall remain active throughout the life of the facility and updated as necessary. At a minimum, the plan shall contain provisions addressing the items outlined below:

      1.   Safety, Security: Safety and security measures for residents and staff;

      2.   Loitering Control: Loitering control measures;

      3.   Management Of Outdoor Areas: Management of outdoor areas with admittance and discharge procedures and monitoring of waiting areas;

      4.   Staff Training: Staff training with objectives to provide knowledge and skills to assist clients in obtaining permanent shelter and income;

      5.   Communication, Outreach: Communication and outreach with objectives for responses to operational issues which may arise from the neighborhood, City staff or the general public;

      6.   Screening: Screening of clients for admittance eligibility with objectives to provide first service to Taft area residents;

      7.   Counseling: Counseling programs to be provided with referrals to outside assistance agencies; and

      8.   Litter Control: Litter control objectives to provide for the removal of litter attributable to clients within the vicinity of the facility.

   (M)   Other Support, Social Services: Shelters and housing facilities may provide other support and social services in designated areas separate from sleeping areas, such as:

      1.   Recreation areas;

      2.   Counseling for job placement, educational, healthcare, legal or mental health services;

      3.   Laundry facilities;

      4.   Kitchen facilities;

      5.   Dining facilities;

      6.   Other similar services geared to homeless clients. (Ord. 812-15, 7-7-2015)

The provisions of title IV, chapter 13 of this Code shall apply. (Ord. 768-08, 8-19-2008)

   (A)   Intent: Home occupations are intended to provide for commercial uses within a residence in those cases where that use will not alter the character or the appearance of the primary residential use. "Home occupations", as defined in section 6-1-19 of this title, shall be permitted in any residential district, subject to the following regulations of this section.

   (B)   Authority: Authority for approval of a home occupation shall be vested with the Planning Director, or their designee.

   (C)   Application: An application for a home occupation shall be filed with a business license application to the Finance Department in a manner prescribed by the Planning Director. The application shall include the following:

      1.   Name and address of the applicant.

      2.   Name(s) and address(es) of the property owner(s).

      3.   Assessor's parcel number(s).

      4.   Notarized written authorization from property owner(s) permitting the applicant, if not a property owner, to operate the home occupation.

      5.   Description of the home occupation including:

         (a)   Trade name or business title;

         (b)   Detailed description of the proposed occupation;

         (c)   Tools, machinery, or equipment required or used in the practice of the proposed home occupation.

   (D)   Conditions: Prior to approving a request for a home occupation, the Planning Director shall find that the proposed use meets the following conditions prior to approval of any such home occupation permit:

      1.   Employees: All employees shall be members of the resident family and shall reside on the premises.

      2.   Sales Prohibited: There will be no direct sales of products or merchandise.

      3.   Traffic: Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.

      4.   Commercial Vehicles: The home occupation shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses.

      5.   Percentage Of Use: Up to twenty five percent (25%) of the living space or two hundred fifty (250) square feet, whichever is greater, of the home may be used for storage of materials and supplies related to the home occupation.

      6.   Outdoor Storage: There shall be no outdoor storage of materials or equipment, nor shall merchandise be visible from outside the home.

      7.   Conducted Within Main Building: The home occupation shall be confined within the main building. A garage shall be considered as part of the main building.

      8.   Signs: No sign shall be permitted other than those allowed under chapter 15 of this title.

      9.   Business Advertising: Business address or location is not allowed in any public advertising.

      10.   Hours Of Operation: The home occupation hours of operation shall be limited from seven o'clock (7:00) A.M. to eight o'clock (8:00) P.M. daily. Providing commercial services for customers at the residence shall be by appointment only.

      11.   Appearance: The appearance of the structure shall not be altered, nor the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations, dust, electrical interference, fire hazard, glare or nuisance to any greater extent than normally found in a residential area.

      12.   Utilities, Common Facilities: The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes.

   (E)   Prohibited Uses: The following uses, by their operation or nature, shall not be permitted to operate as home occupations:

      1.   Motor vehicle repair or service.

      2.   Hairdressing, barbering, or any other cosmetology uses.

      3.   Firearm or ammunition sales, including by mail order.

      4.   Uses involving the storage or use of chemicals, solvents, mixtures, or materials that are corrosive, toxic, flammable, an irritant, a strong sensitizer or other similar industrial materials. (Ord. 827-17, 8-1-2017)

   (F)   Noncompliance; Void: The reviewing authority, pursuant to section 6-2-20, "Revocation Of Permits", of this title, may void any permit for a home occupation for noncompliance with conditions set forth in the approving permit. Notice shall be given to the permittee prior to any such action taking place. (Ord. 768-08, 8-19-2008; amd. Ord. 827-17, 8-1-2017)

   (A)   Intent: This section is intended to ensure that outdoor recreational facilities, which are open to the public within or adjacent to a residential district, do not adversely impact adjacent residential parcels and are utilized in a manner which protects the integrity of the district, while allowing for the enjoyment of a healthful recreational activity.

   (B)   Applicability: The provisions of this section shall apply to all recreational facilities which are owned by a public agency or are open to the public. This includes, but is not limited to, golf courses, driving ranges, swimming pools, tennis courts, ball fields and other similar facilities.

   (C)   Development Standards:

      1.   Fencing: Outdoor recreational facilities, covered by this section, shall conform to all applicable property development standards for the district in which the facilities are located, except as provided below:

         (a)   When necessary to contain play within the recreational facilities, chainlink fences up to twelve feet (12') in height, measured from the adjacent grade, may be permitted; provided, that such fences are not located within the front or side yard setback areas.

         (b)   Fences greater than twelve feet (12') in height, as measured from adjacent grade, may be permitted, provided such fence is not located in the front or side yard setback, when a finding is made by the project assistance team that such a fence height is necessary to protect adjacent residential streets, homes or property from possible damage resulting from use of the recreational facility. This provision shall only be applicable in the case of golf courses, driving ranges and baseball/softball playing fields.

      2.   Landscaping, Screening: Landscaping and screening shall be provided on all boundaries of the parcel which abut public rights-of-way, a residential zone district or residential land use.

      3.   Lighting: Lighting shall not be permitted after ten o'clock (10:00) P.M. Sunday through Thursday, or after eleven o'clock (11:00) P.M. on Friday or Saturday. (Ord. 768-08, 8-19-2008)

   (A)   Purpose: The purpose of this section is to ensure the proper occupancy, parking and storage of recreational vehicles and similar vehicles and to ensure that such occupancy does not create adverse impacts and nuisances on the property and adjacent properties.

   (B)   Residential Zoned Properties: Recreational vehicles, travel trailers, fifth wheels, toy haulers, campers, pop-ups, and other similar vehicles shall not be occupied, parked or stored on residential zoned properties within the City except as herein specified below:

      1.   Recreational vehicles shall not be occupied as the primary residence or occupied as the second unit on a residential zoned property.

      2.   Recreational vehicles shall not be permanently connected to electrical, water, or other utilities while stored on a residential zone property.

      3.   Recreational vehicles shall not be parked or stored within the front yard of any residential zoned property. Such vehicles shall be parked or stored along the side yard, in the rear yard, or available parking area adjacent to an alleyway.

      4.   Recreational vehicles shall not be permanently parked or stored on a public street or other public property and shall be subject to section 9-2-3 of this Code.

   (C)   Uses Prohibited:

      1.   No mobilehome, camp car, recreational vehicle, travel trailer coach or similar type structure or vehicle, whether designed for human habitation or human occupancy for industrial, professional or commercial purposes shall be permitted within the City except as herein specifically provided for or as may be specifically provided elsewhere in this Code.

      2.   It is unlawful to use a mobilehome, trailer coach, motor home, travel trailer, camp car or similar type structure or vehicle for human habitation purposes within the City, except when parked within a licensed mobilehome park or approved mobilehome subdivision. However, this section shall not be applicable in the Industrial (I) and Agricultural (A) Zone Districts, under the following conditions:

         (a)   A conditional use permit approved by the City for such use shall be secured prior to placement of such vehicle on the property affected.

         (b)   No more than one mobilehome, trailer coach, travel trailer, camp car or similar type structure or vehicle shall be permitted in connection with each industrial or agricultural establishment.

         (c)   The mobilehome, trailer coach, travel trailer, camp car or similar type structure or vehicle must be an accessory and temporary use to the industrial or agricultural establishment.

         (d)   Occupancy of the mobilehome, trailer coach, travel trailer, camp car or similar type structure or vehicle shall be only by a person or persons employed by the industrial or agricultural establishment.

   (D)   Nuisances: Parked and stored recreational vehicles shall be subject to the public nuisance regulations outlined in title III, chapter 4.1 of this Code.

   (E)   Exceptions: Nothing herein shall be construed as preventing the unoccupied storage of aforementioned structures or vehicles at locations within the City that would not violate other provisions of this Code. Nothing herein shall be construed as preventing the temporary use of such mobilehomes, trailer coaches, travel trailers, camp cars or similar type structures or vehicles for office or construction work, provided that such trailers are not used for purposes of twenty four (24) hour human habitation, but are rather used as temporary work and/or office space during the period of a specific project for which they are needed. (Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to provide regulations for the establishment, maintenance and operation of recreational vehicle parks within the City, and to ensure that recreational vehicle parks do not adversely impact adjacent properties and the surrounding community.

   (B)   Applicability: The provisions of this section shall apply to recreational vehicle parks and recreational vehicles within the parks. This section and its provisions do not apply to section 6-11-16, "Manufactured Housing", or 6-11-17, "Mobilehome Parks", of this title.

   (C)   Conditional Use Permit: A conditional use permit, as provided in section 6-2-5 of this title, shall be required for development of a new recreational vehicle park and/or for the modification or expansion of an existing recreational vehicle park. Whenever a difference occurs between the standards of this section and an underlying zone district, the standards of this section shall apply.

   (D)   Development Standards: Recreational vehicle parks are intended to provide for the accommodation of visitors to the City who travel to the community by recreational vehicle and reside in that vehicle. This use is also intended to create a safe, healthful and beneficial environment for both occupants of the recreational vehicle parks and to protect the character and integrity of the surrounding community.

      1.   Permitted Uses: Only recreational vehicles that conform to the definition in section 6-1-19, "Definitions", of this title, shall be allowed on recreational vehicle lots.

      2.   Accessory Uses: The following permitted accessory uses shall be operated primarily for the convenience of recreational vehicle park occupants:

         (a)   Caretaker units for management and/or staff;

         (b)   Retail market;

         (c)   Indoor/outdoor recreational facilities;

         (d)   Laundry;

         (e)   Office;

         (f)   Personal services, including showers and restrooms.

      3.   Maximum Residency Period: Recreational vehicle parks are intended to provide for the accommodation of visitors to Taft who travel to the community by recreational vehicle and reside in that vehicle for a period not to exceed one hundred eighty (180) days.

      4.   Site Area: The minimum site area for a recreational vehicle park shall be two (2) acres.

      5.   Lot Area: A minimum of one thousand two hundred fifty (1,250) square feet of lot area shall be provided for each recreational vehicle.

      6.   Building Height: The maximum building height for all structures in the recreational vehicle park lots is fifteen feet (15'). The maximum building height in all other areas is thirty five feet (35').

      7.   Setbacks: A recreational vehicle park shall have a landscaped setback of no less than ten feet (10') along all property lines adjacent to streets and residential zoned properties.

      8.   Walls And Fences: A six foot (6') masonry wall shall be constructed along all property lines to screen the recreational vehicles from adjacent properties. Walls and other screening along street frontages shall be at the discretion of the Planning Commission and can include, but not be limited to, landscape berms, solid walls, wrought iron fencing, or a combination of fencing and landscaping.

      9.   Open Space: A recreational vehicle park shall provide two hundred fifty (250) square feet of usable open space per lot. The open space area shall be distributed throughout the park as private open space and common open space areas.

      10.   Interior Streets: The design and layout of interior streets in a recreational vehicle park shall be consistent with the parking lot design provisions of section 6-14-6, "Design Standards", of this title.

      11.   Parking: Each recreational vehicle lot shall provide one asphalt paved automobile parking space. Guest and employee parking shall be provided at the rate of one parking space for every five (5) recreational vehicle lots. All spaces shall be a minimum of nine feet (9') wide and nineteen feet (19') deep.

      12.   Lighting: Light standards shall be a maximum of twenty feet (20') in height. Lighting shall be indirect, hooded and positioned so as to reflect onto the access roads and away from the recreational vehicle spaces and adjoining property.

      13.   Trash/Recycling Facilities: One trash enclosure shall be provided for every twenty (20) recreational vehicle lots.

      14.   Electrical Service: Each recreational vehicle space shall be provided with electrical service. All electrical, telephone and television services within the recreational vehicle park shall be underground.

      15.   Water Service: Each recreational vehicle space shall be provided with a fresh water connection.

      16.   Sewer Service: Each recreational vehicle space shall be provided with a connection to an approved sanitary sewer system. (Ord. 801-13, 9-17-2013; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to provide the community with regulations for the siting of recycling, redemption and processing facilities, and to ensure that recycling facilities do not create adverse impacts on the site and the surrounding community.

   (B)   Applicability:

      1.   Use Types: The provisions of this section shall apply to the following use types, as defined in this section and section 6-1-19, "Definitions", of this title:

         (a)   Reverse vending machines;

         (b)   Small collection facilities;

         (c)   Large collection facilities;

         (d)   Processing facilities.

      2.   Compliance: Such use types shall comply with the provisions of this section in addition to applicable standards and permit procedures of the zone district in which the use type is located.

   (C)   Reverse Vending Machines: Reverse vending machines shall comply with the following development standards:

      1.   Condition Of Machines: All machines shall be clean and not dented, bent or otherwise disfigured, or other appearance of disrepair;

      2.   Placement: Shall be established in conjunction with a commercial use, industrial use, or public facility which is in compliance with this title;

      3.   Location: Shall be located within thirty feet (30') of the entrance to the commercial or industrial structure and shall not obstruct pedestrian or vehicular circulation;

      4.   Prohibited Within Parking Spaces: Shall not occupy required parking spaces;

      5.   Area And Height: Shall occupy no more than fifty (50) square feet of floor area per installation, including any protective enclosure, and shall be no more than eight feet (8') in height;

      6.   Construction: Shall be constructed and maintained with durable, waterproof, weather resistant, and rustproof material;

      7.   Identification: Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the contact information, with phone number, of the responsible party that services the machine when inoperable or in disrepair;

      8.   Signage: Shall have a maximum sign area of four (4) square feet per machine, exclusive of operating instructions;

      9.   Maintenance: Shall be maintained in a clean, graffiti-free, and litter free condition on a daily basis; and

      10.   Illumination: Shall be exterior and/or interior illuminated to ensure comfortable and safe operation during early morning or evening operation.

   (D)   Small Collection Facilities:

      1.   Development Standards: Small collection facilities shall comply with the following standards:

         (a)   Location: Facility shall be located a minimum distance of five-hundred feet (500'), as determined by the Planning Commission, from the property line of any lot zoned or planned for residential use.

         (b)   Placement: Shall be established in conjunction with an existing commercial use, industrial use, or public facility which is in compliance with this title and the Building and Fire Code of the City;

         (c)   Area: Shall be no larger than five hundred (500) square feet and occupy no more than five (5) parking spaces, not including space that will be periodically needed for removal of materials or exchange of containers. Occupation of additional parking spaces by the facility and by the attendant may reduce available parking spaces below the minimum number required for the primary land use as follows:

 

 

         (d)   Setback: Shall be set back at least ten feet (10') from any property line and shall not obstruct pedestrian or vehicular circulation;

         (e)   Items Accepted: Shall accept only glass, metal, and plastic beverage containers;

         (f)   Use Of Power Equipment: Shall use no power driven processing equipment, except for reverse vending machines that are sited with a small collection facility;

         (g)   Containers: Shall use storage containers that are:

            (1)   Constructed and maintained with durable waterproof, weather resistant, and rustproof material;

            (2)   Covered, self-enclosed, or enclosed by fencing when site is not attended and secured from unauthorized entry or removal of material; and

            (3)   Of a capacity sufficient to accommodate materials collected in accord with a collection schedule;

         (h)   Storage Of Material: Shall store all recyclable material in containers or in a mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;

         (i)   Litter: Shall be maintained free of litter, debris, and any other undesirable materials. Mobile facilities, at which a truck or containers are removed at the end of each collection day, shall be swept and litter removed at the end of each collection day;

         (j)   Noise: Shall not exceed noise levels of sixty-five (65) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA in commercial areas and seventy-five (75) dBA in industrial areas;

         (k)   Hours: Shall operate only during the hours between nine o'clock (9:00) A.M. and seven o'clock (7:00) P.M. Storage container delivery and pickup hours shall only be during the hours between six o'clock (6:00) A.M. and seven o'clock (7:00) P.M.;

         (l)   Identification: Shall utilize clearly marked containers which identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation; and shall display a notice stating that no material shall be left outside the recycling enclosure or containers.

      2.   Signs: Signs may be provided as follows:

         (a)   Number, Size: Small collection facilities may have a maximum of four (4) identification signs each, a maximum of twenty percent (20%) of the surface area per side of the facility/container or sixteen (16) square feet, whichever is larger. Each side shall be measured from the pavement to the top of the container or facility;

         (b)   Directional Signs: Limited to six (6) square feet in size, may be installed on-site to facilitate traffic circulations and/or if the facility is not visible from a public right-of-way; and

         (c)   Increase: The Planning Commission may approve an increase in the number and size of signs upon finding that such an increase is compatible with adjacent businesses.

      3.   Reduction In Landscaping: The facility shall not be located within nor reduce existing on-site landscaping areas which may be required by this title for any concurrent use or under any permit or approval.

      4.   Parking:

         (a)   Small Collection Facility: No additional parking spaces will be required for customers of a small collection facility located in the established parking lot of a commercial or industrial use.

         (b)   Mobile Recycling Units: Mobile recycling units shall have an area clearly marked in the parking lot to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present or operating.

   (E)   Large Collection Facilities: A large collection facility is one which occupies more than five hundred (500) square feet in area or is located on a separate parcel, not associated with an existing use, and may have a permanent structure or structures. Large collection facilities shall comply with the provisions of this section, in addition to the provisions of the zone district in which it is located.

      1.   Location: Facility shall be located a minimum distance of five-hundred feet (500'), or as determined by the Planning Commission, from the property line of any lot zoned or planned for residential use.

      2.   Items Accepted: Shall accept only glass, metal, and plastic beverage containers, paper and reusable items;

      3.   Screening; Noise: Facility shall be screened from the public right-of-way by operating in an enclosed building or within an area enclosed by an opaque fence or wall at least six feet (6') in height with landscaping and shall meet all applicable noise standards in this title.

      4.   Setbacks, Landscaping: Setbacks and landscape requirements shall be those provided for the zone district in which the facility is located.

      5.   Storage:

         (a)   All exterior storage of recyclable materials shall be in fully enclosed containers which are covered, secured and maintained in good condition. Uncontained piles of recyclable materials are prohibited.

         (b)   Facilities shall not leave recyclable materials outside of containers when attendant is not present.

         (c)   No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

         (d)   Storage of flammable materials and acceptance of recyclable flammable materials is prohibited.

      6.   Site Litter: The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

      7.   Site Area And Layout: Space shall be provided on site for a queue of six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the Planning Commission determines that allowing overflow traffic above six (6) vehicles is compatible with the surrounding land uses.

      8.   Parking: One (1) parking space shall be provided for each commercial vehicle operated by the recycling facility. Parking requirements shall be as provided for in section 6-14-3, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility.

      9.   Noise: Noise levels shall not exceed sixty five (65) dBA as measured at the property line of residentially zoned property, and shall not exceed seventy-five (75) dBA at any point on the property.

      10.   Hours: Facilities shall operate only during the hours between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.

      11.   After Hours Containers: Large collection facilities shall not accept the donation of recyclable materials during non-operational hours.

      12.   Litter: Facility areas shall be kept free of litter and any other undesirable material and the containers shall be clearly marked to identify the type of material that may be deposited; the facility shall display a notice stating that no material shall be left outside the recycling containers.

      13.   Signs: The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; and shall be consistent with subsection (D)2 above.

      14.   Power Driven Processing: Power driven processing, including aluminum foil and can compacting, baling, plastic shredding or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved at the discretion of the Planning Commission if noise and other requirements are met.

   (F)   Processing Facilities: Processing facilities, both "light" and "heavy", as defined in section 6-1-19, "Definitions", of this title, when permitted, shall comply with the provisions and development standards of this section in addition to the applicable provisions of the zone district in which the facility is located.

      1.   Location: The processing facility shall be located a minimum of one thousand feet (1,000'), or as determined by the Planning Commission, from property planned, zoned or occupied for residential use. All operations shall take place within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least six feet (6') in height.

      2.   Setbacks: Setbacks for processing buildings from property lines shall be those provided for the zoning district in which the facility is located, but, if the setback is less than twenty five feet (25'), the facility shall be buffered by a landscape strip at least ten feet (10') wide along each property line. Containers that store recyclable materials may be placed in setback areas if said containers are regularly dropped off to and shipped off site as part of the recyclable material deliveries of the facility.

      3.   Hours: Hours of operation shall be between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. The facility shall be administered by on site personnel during the hours the facility is open.

      4.   Noise: Noise levels shall not exceed sixty five (65) dBA as measured at the property line of residentially zoned or occupied property, and shall not exceed seventy-five (75) dBA at any point.

      5.   Signage: Sign criteria shall be those specified in chapter 15, "Sign Regulations", of this title. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.

      6.   After Hours Containers: Processing facilities shall not accept the donation of recyclable materials during non-operational hours.

      7.   Maintenance Of Donation Areas: Donation areas shall be kept free of litter, debris, and any other undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice that no material shall be left outside the recycling containers.

      8.   Nuisances: No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties.

      9.   Power Driven Processing: Power driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting or source separating recyclable materials, and repairing of reusable materials.

      10.   Size Of Light Processing Facility: A light processing facility shall be no larger than forty five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals, other than food and beverage containers.

      11.   Used Motor Oil: A processing facility may accept used motor oil for recycling from the generator in accordance with California Health and Safety Code section 25250.11.

      12.   Exterior Storage: All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured and maintained in good condition or may be baled or placed on pallets. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage shall be in containers approved by the Kern County Public Health Services Department; no storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing.

      13.   Litter: Site shall be maintained free of litter, debris, and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present.

      14.   Area: Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum queueing of ten (10) customers, except where the Planning Commission determines that allowing overflow traffic above ten (10) vehicles is compatible with surrounding businesses and public safety.

      15.   Parking: One parking space shall be provided for each commercial vehicle operated by the processing center. Parking requirements shall otherwise be provided for in section 6-14-3.

   (G)   Site Cleanup Required: The operator of any recycling collection or processing facility shall, on a daily basis, remove any and all recyclable materials or solid wastes which have accumulated or are deposited outside the containers, bins or enclosures intended as receptacles for such materials. Upon failure to remove said materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner of the premises and other operator of the facility shall be liable for the full cost of any such cleanup work performed by the City. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018; Ord. 844-21, 11-16-2021)

   (A)    Intent: This section is intended to ensure that accessory dwelling units located in residential districts do not adversely impact adjacent residential parcels or the surrounding neighborhood and are developed in a manner which protects the integrity of the residential district, while providing for needed housing opportunities for owners of eligible parcels.

   (B)   Applicability: The provisions of this section shall apply to all lots that are occupied with a single-family dwelling within residential zone districts. Accessory dwelling units (ADUs) are not calculated for the maximum allowable density for the lot upon which the unit is located. All ADUs are considered a residential use that is consistent with the General Plan and zoning designations for the lot.

   (C)   Development Standards: The following standards shall apply to all accessory dwelling units:

      1.   Limitation: Only one ADU is permitted per lot with an existing single-family or up to a four-unit residence. Multiple-family residential developments may have up to two (2) ADU units.

      2.   Sale Prohibited; Rental: The units are prohibited from being sold separate from the primary residence, but may be rented.

      3.   Junior Accessory Dwelling Unit or jADU: An ADU within an existing space of the primary single-family residence, and are subject to:

         (a)   Only one (1) jADU is permitted per single-family residence. The single-family residence is permitted one (1) jADU and one (1) attached or detached ADU subject to the provisions of section 4 below.

         (b)   The applicable Building Code at time of permit application.

         (c)   Shall be a minimum of seventy (70) square feet in size.

         (d)   Providing an independent exterior access from primary residence.

         (d)   Sufficient setbacks for fire safety.

         (e)   An ADU within the existing space of a primary residence shall not reduce floor area of the primary residence to less than one thousand (1,000) square feet.

      4.   Attached and Detached Accessory Dwelling Units:

         (a)   Applicable Location: The lot is located within a residential zone district and contains an existing single-family dwelling.

         (b)   Location: The ADU may be attached or detached from the existing single-family dwelling and shall be located on the same lot as the single-family dwelling.

         (c)   Minimum Floor Area, Maximum Unit Size: The attached or detached ADUs shall have a minimum floor area of two hundred twenty (220) square feet and up to:

            (1)   Six hundred (600) square feet on lots up to seven thousand four hundred ninety-nine (7,499) square feet.

            (2)   Nine hundred (900) square feet on lots between seven thousand five hundred (7,500) and twelve thousand four hundred ninety-nine (12,499) square feet.

            (3)   Twelve hundred (1,200) square feet for lots twelve thousand five hundred (12,500) square feet or greater.

         (d)   Bathroom, Kitchen Required: ADUs shall provide a full bathroom and, at a minimum, an efficiency kitchen. A JADU may share a bathroom with the primary residence.

         (e)   Occupancy: ADUs shall have a maximum occupancy of two (2) persons per bedroom plus one additional person for the overall unit. Studio units with no defined bedroom area shall have a maximum occupancy of two (2) persons. Should a property have both an ADU and JADU, the JADU or single-family residence must be owner-occupied.

         (f)   Standards: All structures on the lot are subject to subsection 6-4-3(B), table 4.B, “Site Development Standards”, of this title, particularly lot coverage, except that an attached or detached ADU may be located within four feet (4') of any side or rear property line.

         (g)   Design Standards: All attached and detached ADUs shall be architecturally consistent with the main dwelling unit, including exterior wall finishes, paint color, roofing materials, windows, and other architectural details.

         (h)   Parking: The primary residence shall be compliant with section 6-14-2, table 14.A, “Off Street Automobile Parking Space Requirements”, of this title prior to approval of an ADU on the same lot.

            (1)   Parking for the ADU shall be provided at a rate of one space per bedroom or per unit, whichever is less.

            (2)   Required parking shall be a paved space and be provided on the same lot as the primary residence and ADU.

            (3)   The required parking spaces may be accommodated by an available tandem space on an existing driveway or by providing additional driveway space or a parking area accessible from an alley.

            (4)   A driveway in the front yard of a lot shall not exceed fifty percent (50%) of the width of the lot.

         (i)   Garage, Parking: A garage structure may be converted to an ADU if it meets the standards of this section. If garage conversion occupies the required spaces for the primary residence, new parking for the primary residence shall be provided per section 6-14-2, table 14.A of this title.

         (j)   Fire Sprinklers: An ADU shall not be required to provide fire sprinklers if they were not required of the primary residence.

         (k)   Conversions: Conversions of accessory structures are not subject to any additional development standard, such as unit size, height, and lot coverage requirements, and shall be from existing space that can be made safe under building and safety codes.

      5.   Sewer and Water Utilities: Accessory dwelling units shall have adequate water supply and sewer service. An ADU is not required to have a separate service connection and shall not have a separate meter.

   (D)   Applications Requirements: Accessory dwelling units shall be reviewed and permitted through a building permit application, which will determine compliance with subsection (C) of this section. The Planning Director, or their designee, may approve an ADU that is not in compliance with subsection (C) of this section as set forth in subsection (E) of this section.

   (E)   Review Process for ADUs Not Complying with Development Standards: An ADU that does not comply with the development standards of this section may be permitted through a site plan review at the discretion of the Planning Director and project assistance team subject to findings in subsection (F) of this section.

   (F)   Findings:

      1.   Approval: The Planning Director and project assistance team may waive, reduce, or amend required parking requirements, setback standards, occupancy limits, or other ADU and site development standards if the strict or literal application and enforcement of the standard would result in unnecessary hardship, excepting financial hardships, not otherwise shared by others within the surrounding area.

      2.   Denial: The Planning Director and project assistance team may deny a permit for an ADU if the waived standards are found to be detrimental to the public health and safety or would introduce unreasonable privacy impacts to the immediate neighbors.

      3.   Time Frames: An application for the creation of an ADU or JADU shall be deemed approved (not just subject to ministerial approval) if the local agency has not acted on the completed application within 60 days. (Ord. 825-17, 4-4-2017; amd. Ord. 832-18, 4-17-2018; Ord. 846-22, 3-15-2022; Ord. 849-22, 12-6-2022)

   (A)   Intent: This section is intended to ensure that self- storage warehouse operations, commonly known as "miniwarehouses", do not result in an adverse impact on adjacent properties by reason of parking demand, traffic generation, fire, or safety hazard, or visual blight. The special conditions contained in this section are intended to differentiate self-service storage warehousing uses from more intensive wholesale or general warehousing uses, especially in regard to the differing parking requirements for these uses.

   (B)   Applicability: The provisions of this section shall apply to all new self-storage warehouse uses and to all existing facilities at such a time the storage area of an existing business is substantially expanded or modified, as defined in this title.

   (C)   Development Standards:

      1.   Access And Parking:

         (a)   Driveways adjacent to parking lanes shall be twelve feet (12') in width for one-way traffic and twenty four feet (24') in width for two-way traffic.

         (b)   Access and circulation shall be designed to eliminate the need to back out of any drive or access.

         (c)   One parking space shall be provided for each two hundred (200) square feet of floor area within the office and/or caretakers' quarters; however, a minimum of four (4) parking spaces shall be provided.

         (d)   The parking standards specified in this section for this use shall be applicable to this use only.

      2.   Outside Storage: No storage of materials outside an enclosed building may be permitted unless expressly designated for such purposes and approved as a part of the conditional use permit for the site. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to ensure that service stations do not result in adverse impacts on adjacent land uses, especially residential uses. The traffic, glare and uses associated with service stations, particularly those which are open twenty four (24) hours a day, may be incompatible with adjacent land uses. To protect the health, safety and general welfare of the City and its residents, these special regulations shall be imposed on the development and operations of service stations.

   (B)   Applicability: A service station shall comply with the provisions of this section in addition to the property development standards and the permit procedures for the zone district in which it is to be located. The provisions of this section and this title, as applicable, shall apply to all new service stations, to all existing service stations at such a time as those existing stations may come before the project assistance team for an expansion of twenty five percent (25%) or greater in floor area, a remodeling, or any other development that would cost more than fifty percent (50%) of the value of the improvements on the parcel at the time of remodeling, excluding land value.

   (C)   Minimum Development Standards:

      1.   Minimum Street Frontage: Each parcel shall have a minimum street frontage of one hundred feet (100') on at least one abutting street.

      2.   Setbacks: No building or structure, except canopies as provided below, shall be located within thirty feet (30') of any right-of-way line, or within twenty feet (20') of any interior parcel line.

      3.   Canopies: Canopies shall be located no closer than ten feet (10') from any property line.

      4.   Gasoline Pumps: Gasoline pumps shall be located no closer than twenty feet (20') from any property line.

      5.   Electric Vehicle (EV) Charging Stations: All new service station developments and existing service stations that install additional fueling pumps shall adhere to the following:

         (a)   All new service station developments shall install new EV charging stations, and make available for public use, at a rate of one electric charging station for every four (4) fueling stations (i.e., 1 to 4 fuel pumps = 1 EV station, 5 to 8 fuel pumps = 2 EV stations, etc.).

         (b)   Existing service stations that install additional fueling pumps shall install new EV charging stations, and make available for public use, at the same rate as in subsection (C)5(a) of this section.

         (c)   EV charging stations installed at service stations shall be a level 2 240-volt station or DC fast charging 440-volt station. A standard 120-volt outlet may be made available at an EV charging station, but will not satisfy the requirements of this section.

         (d)   EV charging stations may be located in required parking spaces of the service station.

      6.   Walls: Service stations shall be separated from adjacent property which is zoned or used for residential purposes, by a decorative masonry wall of not less than six feet (6') in height, as approved by the project assistance team. Materials, textures, colors and design of all walls shall be compatible with on site development and adjacent properties. No wall higher than forty inches (40") in height shall be constructed within five feet (5') of a driveway entrance or vehicle accessway which opens onto a street or alley. The wall shall be constructed to ensure a clear cross view of pedestrians on the sidewalk, alley or elsewhere by motorists entering or exiting the parcel.

      7.   Paving: The site shall be entirely paved, except for buildings and landscaping.

      8.   Landscaping: The service station site shall be landscaped pursuant to the following standards:

         (a)   A minimum of fifteen percent (15%) of the site shall be landscaped, which may include a planting strip of at least five feet (5') wide along all interior parcel lines, nondriveway street frontages and areas adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained in the planters at a height of not less than three feet (3') above the average adjacent grade.

         (b)   A minimum of one hundred fifty (150) square foot landscaped area shall be provided at the intersection of two (2) property lines at a street corner.

      9.   Access And Circulation:

         (a)   Driveways shall be located no closer than fifty feet (50') from a street intersection and fifteen feet (15') from a residential property line or alley and shall not interfere with the movement and safety of vehicular and pedestrian traffic. Locations of all driveways shall be subject to the approval of the Public Works Director.

         (b)   All lubrication bays and wash racks shall be located within a fully enclosed building. Access to the service bays and wash racks shall not be located within fifty feet (50') of a residentially zoned property, and shall be oriented, when practical, away from public rights-of-way.

      10.   Air And Water: Each service station shall provide air and water to customers at a convenient location during hours when gasoline is dispensed.

      11.   Restrooms: Each service station shall provide a men's and women's public restroom that is accessible to the general public, including physically disabled persons, during all hours the service station is open to the public. Restrooms shall be identified by placing entrances or signage in a location that is clearly visible from the gasoline service area or cashier station, and shall be maintained on a regular basis.

      12.   Vending Machines: Coin operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in service stations, such as refreshments and maps.

      13.   Location Of Activities: All repair and service activities and operations shall be conducted entirely within an enclosed service building, except as follows:

         (a)   The dispensing of petroleum products, water and air from pump islands.

         (b)   Replacement service activities, such as wiper blades, fuses, radiator caps and lamps.

         (c)   The sale of items from vending machines placed next to the main building in a designated area not to exceed thirty two (32) square feet.

         (d)   The display of merchandise offered for customer convenience on each pump island; provided, that the aggregate display area on each island shall not exceed twelve (12) square feet and that the products shall be enclosed in a specially designated case.

         (e)   Motor vehicle products displayed along and within three feet (3') of the front of the building. Such display areas shall be limited to five feet (5') in height and not more than ten feet (10') in length.

      14.   Refuse Storage And Disposal: Trash areas shall be provided and screened on at least three (3) sides from public view by a solid decorative wall not less than five feet (5') in height. Permanent opaque panel gates shall be installed on all openings to the trash area.

         (a)   All trash shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use.

         (b)   Refuse bins shall be provided and placed in a location convenient for customers.

         (c)   Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment, or permanently disabled, junked or wrecked vehicles, may be stored outside the main building.

      15.   Equipment Rental: Rental of equipment, such as trailers and trucks, may be permitted; provided, that:

         (a)   The rental equipment does not occupy or reduce the availability of the required parking for the automobile service station.

         (b)   The rental equipment storage location does not interfere with access and circulation on and around the site.

         (c)   The rental of the equipment is incidental and secondary to the main activity on the site.

      16.   Operation Of Facilities:

         (a)   The service station shall at all times be operated in a manner which is not detrimental to surrounding properties or residents. Site design and activities shall be conducted to avoid and minimize:

            (1) Damage or nuisances from noise, smoke, odor, dust or vibration.

            (2) Hazards from explosion, contamination or fire.

         (b)   Service station hours of operation shall be as conditioned in conditional use permit; a security plan shall be developed by the applicant and approved by the Police Department prior to issuance of a building permit.

   (D)   Abandoned Service Stations:

      1.   Removal Of Facilities: Where service stations become vacant or cease operation for more than one hundred eighty (180) days, the owner shall be required to remove all underground storage tanks (in a manner acceptable to all applicable permitting/regulatory agencies), remove all gasoline pumps and pump islands, and remove all freestanding canopies.

      2.   Evidence Of Operation: To confirm that a use has not been abandoned, the owner shall provide evidence to the Planning Department with written verification prior to the one hundred eightieth day that an allocation of gas has been received and operation of the station will commence within thirty (30) days of the date of written correspondence.

      3.   Resumption Of Operations: Resumption of service station operations after the one hundred eighty (180) days, specified above, may be permitted upon review and approval, or conditional approval by the Planning Commission:

         (a)   Replanting existing landscape areas;

         (b)   Installing new landscape areas;

         (c)   Painting of structures;

         (d)   Upgrading or installing trash enclosures;

         (e)   Striping parking spaces;

         (f)   Installation of signs in conformance with chapter 15 of this title;

         (g)   Resurfacing vehicle access and parking areas; and

         (h)   Installation of missing street improvements.

   (E)   Converted Service Stations: The conversion of service station structures and sites to another use may require upgrading and remodeling, including, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, missing street improvements to conform to access regulations, and exterior remodeling. (Ord. 824-16, 12-20-2016; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to regulate the establishment and operation of sidewalk cafes, which can enhance the pedestrian ambiance of the City, and to ensure that they do not adversely impact adjacent properties and surrounding neighborhoods.

   (B)   Applicability: A sidewalk cafe shall comply with the provisions of this section and the property development standard and procedures for the zone district in which is it located.

   (C)   Minimum Development Requirements:

      1.   Accessory Use: A sidewalk cafe shall be conducted as an accessory use to a legally established restaurant or other eating and drinking establishment.

      2.   Enclosure: Awnings or umbrellas may be used in conjunction with a sidewalk cafe, but there shall be no permanent roof or shelter over the sidewalk cafe area without written approval from the Director of Public Works. Awnings shall be adequately secured, and shall comply with the provisions of the latest edition of the California Building Code adopted by the City.

      3.   Fixtures: The furnishings of the sidewalk cafe shall consist only of movable tables, chairs and umbrellas. Lighting fixtures may be permanently affixed onto the exterior front of the main building.

      4.   Refuse Storage Area: No structure or enclosure to accommodate storage of trash or garbage shall be erected or placed on or adjacent to the sidewalk cafe on either a public sidewalk or public right-of-way. Sidewalk cafes shall remain clear of litter at all times.

      5.   Hours Of Operation: The hours of operation of the sidewalk cafe shall be limited to the hours of operation of the associated restaurants or eating and drinking establishments. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to ensure that commercial parking facilities and surface parking lots located adjacent to residential districts will not adversely effect nearby residents or diminish the integrity of a residential district.

   (B)   Applicability: All commercial parking facilities, including primary commercial parking uses, and accessory parking lots for associated commercial, industrial, institutional and public uses, shall comply with the provisions of chapter 14 of this title, in addition to the applicable provisions of the zone district in which such a use is located.

   (C)   Minimum Development Standards:

      1.   Structures Permitted: A parking guard or attendant shelter may be permitted; provided, that the shelter does not exceed seventy five (75) square feet, is not more than twelve feet (12') in height, is not located in any required setback area, and is located at least fifty feet (50') from any adjacent residential parcel.

      2.   Vehicle Access: Where practical, vehicular access to parking lots from public streets shall be located a minimum of forty feet (40') from any residentially zoned parcel. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to ensure that the construction of swimming pools and recreational courts within residential districts is consistent with the residential character of the neighborhood.

   (B)   Applicability: The provisions of this section shall apply to the construction of swimming pools or recreational courts located on individual residential lots as accessory uses to primary residential use of the same lot.

   (C)   Permit Required For Accessory Use: Swimming pools and recreational courts may be permitted as an accessory use to a primary residential use, subject to securing a City building permit.

   (D)   Swimming Pools:

      1.   Setback: Swimming pools shall be set back a minimum of five feet (5') from the rear property line and five feet (5') from the side property lines, excepting that the restrictions of subsection (D)2 of this section, as measured perpendicularly to the edge of the swimming pool coping. Encroachment of up to two feet (2') into this setback area may be granted by the building official upon review and approval of stamped engineering calculations demonstrating that such encroachment will not compromise the structural integrity of any surrounding buildings or structures.

      2.   Location Restrictions: A swimming pool shall not, in any circumstance, be located within a side yard setback area of the street side of a reverse corner lot, nor shall a swimming pool be located within a front yard setback area.

      3.   Equipment Location: Swimming pool equipment shall not be located within a street side yard setback area nor in a front yard setback area.

      4.   Distance To Building: Swimming pools shall not be located closer than ten feet (10') to any building, unless stamped engineering calculation, reviewed and approved by the building official, demonstrate that placement of a swimming pool closer than ten feet (10') to any building will not compromise the structural integrity of that building and/or that building foundation.

      5.   Building Code Compliance: Swimming pools, spas and hot tubs shall comply with "special use and occupancy" requirements of the latest City adopted addition of the California Building Code.

   (E)   Recreational Courts:

      1.   Fence Height: The maximum height of fences enclosing recreational courts shall be less than ten feet (10').

      2.   Setback: Recreational courts shall be set back a minimum of ten feet (10') from the side property lines, ten feet (10') from the rear property line, and fifty feet (50') from the front property line.

      3.   Lighting: A maximum of eight (8) lights may be permitted. Said lights shall not exceed a height of twenty two feet (22').

      4.   Design, Use Of Lighting: All lighting shall:

         (a)   Be designed, constructed, mounted and maintained so that the light source is cut off when viewed from any point above five feet (5'), measured at the lot line; and

         (b)   Be used only between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.

      5.   Surface: The surface of a recreational court shall be designated, painted, colored and/or treated to reduce reflection from any lighting thereon.

      6.   Minimum Standards: The above listed standards shall be considered minimum standards. The Planning Agency may impose more stringent standards if it is determined that such standards are required to achieve consistency with the intent and purpose of the General Plan and this title. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent: This section is intended to regulate the establishment and operation of vehicle repair facilities to reduce or eliminate potential noise, fumes, litter and parking problems associated with motor vehicle repair shops. The provisions of this section are further intended to ensure that vehicle repair facilities are compatible with adjacent and surrounding land uses.

   (B)   Applicability: Each vehicular repair facility, including those which may be part of and incorporated within a vehicle dealership, shall comply with the provisions of this section, in addition to the development standards and permit procedures of the zone district in which it is to be located and with other applicable provisions of this title.

   (C)   Minimum Development Standards:

      1.   Paving: The portion of the site devoted to vehicle repair facilities shall be entirely paved, except for buildings and landscaping.

      2.   Structures: When practical, entrances to individual service bays shall not face public rights-of-way or abutting residential parcels.

      3.   Repair Activities: All repair activities, operations and storage of materials shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

      4.   Enclosure: Repair facilities, performing body and fender work, or similar noise generating activities, shall be conducted within a fully enclosed structure. All painting shall occur within a fully enclosed booth that meets all requirements of the California Building Code and section 6-13-3, "Air Quality", of this title.

      5.   Litter: The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No new, used or discarded automotive parts, equipment or permanently disabled, junked or wrecked vehicles may be stored outside of a building.

      6.   Storage: Exterior parking area shall be used for employee and customer parking only, and not for the repair or finishing work or long term (over 1 week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or alley.

      7.   Hazardous Materials: Any handling, treatment, storage or use of hazardous materials shall be subject to the requirements of section 6-11-11, "Hazardous Materials Management", of this title. (Ord. 768-08, 8-19-2008; amd. Ord. 832-18, 4-17-2018)

   (A)   Purpose: The purpose of this section is to establish regulations for private smoking lounges and tobacco shops for the purpose of protecting the public health, safety and welfare while eliminating or mitigating the undesirable land use impacts associated with smoking lounges and tobacco shops.

   (B)   Applicability: Private smoking lounges and tobacco shops, as defined in section 6-1-19, "Definitions", of this title, shall be permitted in the General Commercial (GC), Downtown Commercial (DC), Mixed Use (MU) and Industrial (I) Zone Districts, subject to the approval of a conditional use permit in compliance with section 6-2-5 of this title, and are subject to the development standards outlined in this section.

   (C)   Conditional Use Permit:

      1.   Required: It is unlawful for any entity or business to engage in, conduct or carry on, in or upon any premises, a private smoking lounge or tobacco shop in the absence of an approved conditional use permit pursuant to the provisions contained within this section and all other applicable provisions of State law, this Code and this title.

      2.   Application: Prior to the establishment of any private smoking lounge within the City, a conditional use permit shall be applied for and reviewed and approved by the Planning Commission pursuant to the provisions contained within section 6-2-5 of this title.

      3.   Increase, Expansion: Any increase in the maximum building occupancy rate, physical expansion or modification to the floor area of an existing smoking lounge shall require the prior review and approval by the Planning Commission of a new or modified conditional use permit.

   (D)   Development And Maintenance Standards:

      1.   Locations Allowed: Private smoking lounges may be conditionally permitted within the GC, DC, MU and I Zoning Districts.

      2.   Distance Requirements From Other Uses: No private smoking lounge or tobacco shop may be located within five hundred feet (500') of another smoking lounge or tobacco shop, nor any park, arcade, preschool, private or public K through 12 school, designated route to schools or daycare facilities, as measured from property line to property line.

      3.   State Board Of Equalization Cigarette And Tobacco License: Every existing and newly established private smoking lounge or tobacco shop shall submit a copy of their license issued by the State of California Board of Equalization allowing the business to sell cigarettes and tobacco products to the public.

      4.   Outdoor Seating Areas: No outdoor seating or gather space for smoking is permitted. All smoking related activities shall occur indoors. Outdoor seating may be permitted for the consumption of food and beverages or for nonsmoking gathering space only.

   (E)   Operating Requirements:

      1.   Private Smoking Lounges: All private smoking lounges shall comply with the following operational requirements:

         (a)   There shall be no on site smoking or inhaling of any illegal or prescription drug or substance at any time.

         (b)   The business shall be owner operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code section 6404.5.

         (c)   No person under eighteen (18) years of age shall be permitted within any area of the business premises where the smoking of tobacco or other substances is allowed.

         (d)   No live entertainment shall be permitted within a smoking lounge unless approved under a conditional use permit.

         (e)   No alcoholic beverages shall be served or sold for on site consumption in conjunction with a private smoking lounge without the prior review and approval of a conditional use permit.

         (f)   No window coverings shall prevent visibility of the interior of the smoking lounge from outside the premises. Any proposed window tinting shall be approved in advance by the Planning Director and Police Chief. All signs shall comply with chapter 15 of this title.

         (g)   The interior of the business shall maintain adequate illumination to make the conduct of patrons and employees within the premises readily discernable. The actual lighting level shall be approved in advance by the Planning Director and Police Chief and maintained during all hours of operation.

         (h)   Parking shall be provided using the standards contained in section 6-14-2, table 14.A of this title, eating and drinking facilities.

         (i)   The maximum occupancy limit of a smoking lounge shall not exceed the lesser of:

            (1) That established by the Kern County Fire Department; or

            (2) As a specific condition of approval for the conditional use permit approved for the facility pursuant to this section.

         (j)   The business shall be in compliance with all other City, State and Federal laws at all times, including all California Occupational Safety and Administration (Cal OSHA) requirements. Should any conflict arise, the Planning Director shall determine which law shall prevail.

         (k)   Smoking advertisements, products, paraphernalia and promotions shall not be located within six feet (6') of a business window.

         (l)   The sale or rental of any smoking devices (i.e., pipes, etc.) shall comply with the California Health and Safety Code at all times.

         (m)   The use of a hookah or other water pipe smoking devices within a private smoking lounge is prohibited.

         (n)   Furnishings shall not encroach into any public right-of- way, required pedestrian accessway, landscaping or parking area at any time.

         (o)   All required emergency access/exits and fire lanes shall be provided and maintained at all times, as determined by the Kern County Fire Department.

         (p)   Outside furnishings shall not contain advertising or depict any smoking or tobacco related product or product name, logo, trademark or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building and reviewed and approved by the Planning Director prior to installation.

         (q)   Adequate ash and trash receptacles shall be provided on site at all times. The design, color and material of the trash receptacles shall be compatible with the building.

         (r)   The smoking lounge owner and operator shall be responsible for the removal of all trash, debris and spilled food or beverage items in a timely manner. In addition, all outdoor seating areas shall be maintained in a clean, sanitary and trash free manner at all times.

         (s)   Full height walls from the ground to the underside of the deck/ceiling above shall be provided to separate the smoking lounge from any other contiguous business.

         (t)   Separate return, supply and condensation air for heating, ventilation and air conditioning (HVAC) systems shall be provided for every smoking lounge to prevent fugitive smoke from entering into an adjacent tenant suite or building.

         (u)   All smoking lounges must be located within buildings provided with a Kern County Fire Department approved automatic fire suppression system.

         (v)   The business shall comply with all Fire and Building Code requirements at all times.

         (w)   All entry and exit doors to the business shall remain closed at all times, except for the ingress and egress of patrons and employees.

         (x)   Private smoking lounges are prohibited from displaying, providing or selling items considered as drug paraphernalia per title VIII, chapter 11 of this Code.

      2.   Tobacco Shops: All tobacco shops shall comply with the following operational requirements:

         (a)   The operator of the tobacco shop shall display their current license issued by the State Board of Equalization to sell cigarettes and tobacco products to the public.

         (b)   No tobacco products shall be accessible to tobacco shop patrons. Shop owners and employees shall be responsible for the control of selling all available tobacco products.

         (c)   The selling of tobacco products shall be in compliance with all standards of the State Business and Professions Code.

         (d)   Tobacco shops are prohibited from displaying, providing or selling items that would be considered drug paraphernalia per title VIII, chapter 11 of this Code.

   (F)   Application Requirements:

      1.   Included Documents And Information: Each conditional use permit application for a smoking lounge and/or tobacco shop shall include:

         (a)   All application submittal fees;

         (b)   Site plan, floor plan and elevations with all applicable items and information listed on the City's planning application submittal checklist, including information regarding all proposed interior and exterior modifications;

         (c)   A complete written description of all aspects of the proposed operation, including, but not limited to: the hours of operation, number of employees on each shift; and the proposed interior and exterior improvements with sufficient detail to demonstrate the quality and character of the establishment, including how the proposed operation complies with the development, maintenance and operation standards of this section;

         (d)   The exact nature and location of the activity for which the conditional use permit is requested and an estimate of the maximum number of patrons to be served at the establishment during full capacity;

         (e)   All goods, services and products offered on site;

         (f)   A security plan for the control of pedestrian and vehicular traffic and to prevent unlawful conduct and ensuring the health and safety of all patrons;

         (g)   A vicinity map identifying the location of the proposed business and all surrounding land uses within a five hundred foot (500') radius around the proposed establishment; and

         (h)   All other details and information deemed necessary to evaluate the proposed project application, as determined by the Director of Community Development.

      2.   False Information; Revocation: Submitting false information on the application shall constitute grounds for denial of the conditional use permit or future revocation of any approved conditional use permit.

   (G)   Required Findings:

      1.   Specified: In addition to the findings contained within subsection 6-2-5(E) of this title, the following findings shall be required for every private smoking lounge or tobacco shop. In all cases, the applicant shall have the burden of proof to show the Planning Commission, by relevant evidence, the existence of facts which support the conclusion that the standards, as set forth in this section, are met:

         (a)   The private smoking lounge or tobacco shop is consistent with the goals and objectives of the General Plan, zoning ordinances, and any local, regional, or State laws.

         (b)   The private smoking lounge or tobacco shop will not impair the integrity and character of the subject zoning district, and will comply with the provisions of this section and all other applicable City, State and Federal regulations.

      2.   Denial: Any decision to deny a request to establish, construct or modify a private smoking lounge or tobacco shop shall be supported by evidence contained in the written record documenting, with findings, why the smoking lounge cannot be approved.

      3.   Appeal: Any request to appeal a decision to approve or deny a smoking lounge application shall comply with the requirements contained within section 6-2-19 of this title.

   (H)   Application To Existing Businesses:

      1.   Private Smoking Lounge: Any private smoking lounge lawfully existing as of the effective date hereof (i.e., land use approval, business license, etc.) that becomes nonconforming by reason of the adoption of this section shall be brought into full compliance with the provisions of this chapter not later than five (5) years following the effective date hereof.

      2.   Tobacco Shop: Any business or operation existing as a tobacco shop, as its principal use or as an accessory use, as of the effective date of this chapter (i.e., land use approval, business license, etc.) that becomes nonconforming by reason of the adoption of this section shall not be required to be brought into full compliance with the provisions of this section. An existing tobacco shop business or operation shall be required to file for conditional use permit if any of the following occur:

         (a)   The business or operation does not have a current State Board of Equalization cigarette and tobacco license.

         (b)   The business or property owner proposes an expansion or alteration to the business, building or operations.

      3.   Exception For Location, Parking Requirements: No lawfully existing private smoking lounge or tobacco shop shall be deemed to be nonconforming, for purposes of this section, for failure to comply with the location and parking requirements after the effective date of the adoption of this section.

   (I)   Modifications, Waivers Or Variance: Modifications, waivers or a variance to the standards and provisions contained within this section may be granted by the Planning Commission, subject to the approval of a conditional use permit and variance application, per section 6-2-6 of this title, if it is determined that the standards and/or provisions which are being requested to be altered, modified or waived will not impact the public health, safety and welfare, and are not contrary to the general purpose and intent of this section.

   (J)   Nonconforming: Except as provided in this section, the provisions of section 6-2-13, "Nonconforming Use And Structures", of this title shall be applicable to all business establishments with private smoking lounges and tobacco shops. In the event any conflict between the provisions of this section and the provisions of section 6-2-13 of this title, the provisions of this section shall prevail.

   (K)   Revocation, Discontinuance And Enforcement:

      1.   Conditions For Revocation: Revocation of an approved conditional use permit for a private smoking lounge or tobacco shop shall be per the provisions of section 6-2-20, "Revocation Of Permits", of this title, if the following conditions trigger the scheduling of a public hearing before the Planning Commission to determine whether or not the conditional use permit issued to the business for operating a private smoking lounge or tobacco shop shall be revoked or modified:

         (a)   Issuance of three (3) or more collective administrative or criminal notices of violation or citations within a twelve (12) month period from any combination of the Kern County Fire Department, Taft building official, Code Enforcement and/or the Police Department. However, the Police Chief, Planning Director or the appropriate approval authority may require immediate review at any time due to a particular incident.

         (b)   The imposition of any disciplinary action or finding of violation by the Department of Alcoholic Beverage Control, if alcoholic beverages are sold for on site consumption.

         (c)   The business or operation does not have a current State Board of Equalization cigarette and tobacco license.

      2.   Applicability Of Number Of Emergency Calls: The number of emergency calls for service to the Taft Police Department may not necessarily be used as the singular basis for concluding that a private smoking lounge or tobacco shop is operating as a nuisance.

      3.   Findings For Revocation: The approval authority may revoke a conditional use permit following the procedures set forth in section 6-2-20 of this title, based on any one or more of the following findings:

         (a)   The conditional use permit was approved based on information that was erroneous, fraudulent, misleading or misrepresented, regardless of the intent of the entity that obtained the conditional use permit;

         (b)   The conditions of approval adopted under the conditional use permit for the private smoking lounge or tobacco shop have been violated in whole or in part;

         (c)   Local, State and/or Federal law was violated;

         (d)   The establishment for which the permit was issued is being operated in an illegal, unpermitted or disorderly manner;

         (e)   The noise generated from the establishment violates the City noise ordinance;

         (f)   The smoking lounge has had or is having an adverse impact on the public health, safety, peace and/or general welfare;

         (g)   The smoking lounge has ceased to exist for at least ninety (90) calendar days or more by reason of voluntary abandonment.

      4.   Discontinued Use; Public Hearing: Any conditional use permit for a business with a private smoking lounge or tobacco shop may be revoked following a public hearing thereon if the use is discontinued for at least ninety (90) consecutive calendar days. The Planning Commission shall hold a noticed public hearing to consider the revocation pursuant to section 6-2-19 of this title.

      5.   Misdemeanor Violation: Any violation to this chapter shall be prosecuted as a misdemeanor. (Ord. 814-15, 7-7-2015; amd. Ord. 832-18, 4-17-2018)

   (A)   Definitions:

    GARAGE SALE OR YARD SALE OR ESTATE SALE: The display and offering for sale to the public at large of clothing, household goods, furnishings, appliances, tools or other items of personal property at, in or about residential premises, which items have been acquired, accumulated and kept in the course of occupancy by the residents of such residential premises primarily for household uses and purposes and not for resale.

   GARAGE, YARD, ESTATE SALE SIGN: A temporary sign which announces the directions to and advertising the sale of personal used goods, furniture or clothing at a residence by the property owner, resident or tenant. The signs shall be on display for a limited period of time, but no longer than the duration of the single garage, yard or estate sale event.

   (B)   Frequency, Duration, Standards:

      1.   Permitted Zone Districts: Garage sales shall be permitted in the RS, R-1, R-2 and R-3 Residential Zone Districts. Sales may be allowed on properties with residential uses within the DC and MU Commercial Zone Districts.

      2.   Number Per Year: No more than four (4) sales shall be held each calendar year.

      3.   Term: Each sale shall be no longer than three (3) consecutive days.

      4.   Conducted On Property: Sales shall be conducted on the owner's or tenant's property. No portion of the sale shall be on the sidewalk, parkway or in the public right-of-way.

      5.   Resale: No goods purchased or imported for resale may be offered for sale.

      6.   Consignments: No consignment goods may be offered for sale.

      7.   Signs:

         (a)   Garage sale signs may be placed within the parkway portion of the street right-of-way.

         (b)   Garage sale signs, whether directional or advertising, shall be freestanding and removed after the conclusion of the sale.

         (c)   Garage sale signs placed on private property shall be done so with the owner's permission.

         (d)   Garage sale signs shall not be placed on structures within the parkway, such as light standards, stop signs, traffic signs, fire hydrants or other similar structures.

   (C)   Application: An application for a yard or garage sale shall be filed with the Planning Department for each occurrence. No fee shall be collected with the application, however, the applicant shall comply with the provisions of this section and this Code.

   (D)   Violation; Penalty: A violation of this section shall constitute an infraction and will be subject to Code enforcement action, per title I, chapter 3, "Administrative Citations And Penalties", of this Code. (Ord. 815-16, 5-3-2016; amd. Ord. 832-18, 4-17-2018)

   (A)   Intent And Purpose:

      1.   Federal law prohibits the possession, cultivation, use and distribution of cannabis, and in order to serve the public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this section is to prohibit all commercial cannabis activity within the City, as provided in this section.

      2.   California Business and Professions Code section 19320(a) provides that a person must hold both a State and local license to engage in commercial cannabis activity for medical purposes. California Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for a non-medical cannabis business if approval of the State license will violate the provisions of any local ordinance.

      3.   The prohibition of all commercial cannabis activity, for medical, non-medical, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare of the City and its community. The prohibition of such activity is within the authority conferred upon the City by the State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the City and its community.

   (B)   Definitions: For purposes of this chapter, the following definitions shall apply, unless the context clearly indicates otherwise:

    AUMA: The Adult Use of Marijuana Act, otherwise known as Proposition 64 passed into law by the voters of California on November 9, 2016.

   ADULT USE CANNABIS: Means the non-medical use of cannabis by adults of age twenty one (21) and over as permitted by MAUCRSA and other applicable State and City laws.

   ADULT USE PERMITTEE: Means a person who is issued a City permit to engage in commercial cannabis activity with respect to non-medical adult use cannabis in accordance with applicable City law and State law.

   BCC: Is the Department of Consumer Affairs Bureau of Cannabis Control that issues all annual and temporary State licenses for medical and adult-use related commercial cannabis distributors, transport only, retailers and non- storefront retailers, microbusinesses, testing laboratories, cannabis event organizers, and temporary cannabis events.

   CUP: Means a conditional use permit issued by the City in accordance with this Code.

   CALCANNABIS: Is the California Department of Food and Agriculture CalCannabis Cultivation Licensing Division that issues all annual and temporary State licenses for medical and adult-use commercial cannabis cultivation.

   CANNABIS: Shall have the meaning assigned to the term "marijuana" as set forth in Health and Safety Code section 11018.

   CANNABIS EVENT LICENSE, TEMPORARY: Means a State commercial cannabis license issued by the BCC subject to chapter 5, division 42 Bureau of Cannabis Control, title 16 of the California Code of Regulations.

   CANNABIS EVENT ORGANIZER: Means an individual issued a State commercial cannabis license by the BCC subject to chapter 5, division 42 Bureau of Cannabis Control, title 16 of the California Code of Regulations.

   CANNABIS PERMIT: Means a permit issued by the City, and a license issued by the State, in each case, in accordance with, and to the extent required by, applicable State law, in order to participate in a commercial cannabis activity, such as cultivation, manufacturing, distribution, transportation, testing, retail sale, or delivery.

   CANNABIS PERMITTEE: Means a person who holds a cannabis permit.

   CANNABIS PREMISES: Means: 1) a building, 2) a defined portion of or unit in a building with a separate mailing address, or 3) a parcel of real property, in each case, where a specified user, owner, tenant, or City permittee is utilizing the space for commercial cannabis activity. In a building with multiple units, each defined unit shall be deemed a single cannabis premises.

   CANNABIS PRODUCT: Shall have the meaning assigned to the term "marijuana product" as set forth in Health and Safety Code section 11018.1.

   CANOPY: Means the designated area(s) at a licensed premises, except nurseries, that will contain mature plants at any point in time.

   CITY: Means the City of Taft.

   CITY CODE: Means the City of Taft Municipal Code.

   CITY MANAGER: Means the individual duly appointed by a majority of the City Council to serve in the capacity as Executive Officer of the City on a permanent or interim basis or such other official as designated by the City to fulfill such duties.

   CITY PERMIT: Means a cannabis permit issued by the City.

   CITY PERMITTEE: Means a person that has been issued a City permit.

   COMMERCIAL CANNABIS ACTIVITY: Shall: 1) have the meaning assigned to the term "commercial marijuana activity" as set forth in Business and Professions Code section 26001(g) when the context of such use of the term "commercial cannabis activity" is with respect to medical and adult use cannabis under MAUCRSA, and 2) have the meaning assigned to the term "commercial cannabis activity" as set forth in Business and Professions Code section 19300.5(j) when the context of such use of the term "commercial cannabis activity" is with respect to medical cannabis under MAUCRSA.

   CULTIVATION: Means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

   CULTIVATION, INDOOR: Means the cultivation of cannabis within a permanent structure using exclusively artificial light or within any type of structure using artificial light at a rate above twenty five (25) watts per square foot.

   CULTIVATION, OUTDOOR: Means the cultivation of mature cannabis without the use of artificial lighting in the canopy area at any point in time.

   DELIVER OR DELIVERY: Means the commercial transfer or delivery of cannabis or cannabis products to a customer, patient, primary caregiver or cannabis permittee.

   DISTRIBUTION: Means the procurement, sale, and transport of cannabis and cannabis products between cannabis permittees, subject to chapter 2, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.

   FULLY ENCLOSED AND SECURE STRUCTURE: Means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is reasonably secure against unauthorized entry, provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors. For the avoidance of doubt, this shall not prohibit a full greenhouse facility provided that the combination of fencing and other physical barriers provides a reasonably secure barrier to entry.

   HEALTH AND SAFETY CODE: Means the California Health and Safety Code, as amended from time to time.

   INDOOR: Means within a fully enclosed and secure structure.

   MAUCRSA: The Medical and Adult-Use Cannabis Regulation and Safety Act an approval of Senate Bill 96 by the State legislature on June 27, 2017, effective immediately, which amended the MCRSA and AUMA.

   MCRSA: The Medical Cannabis Regulation and Safety Act an approval of Senate Bill 837 by the State Legislature on June 27, 2016, effective immediately, which amended the MMRSA.

   MMRSA: The Medical Marijuana Regulation and Safety Act signed by Governor Brown on October 9, 2015, effective January 1, 2016.

   MANUFACTURE: Means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

   MEDICAL CANNABIS PERMITTEE: Means a person who is issued a City permit to engage in commercial cannabis activity with respect to medical use cannabis in accordance with applicable City law and State law.

   MICROBUSINESS: Means a cannabis permittee and cannabis premises that engages in at least three (3) commercial cannabis activities on the same licensed premises, including cultivation, manufacturing, distribution, and retail sales. The commercial cannabis activities shall be limited to any cultivation license type, a type 6 manufacturer license, a type 11 distributor license, type 10 retailer or type 9 non- storefront retailer license subject to chapter 4, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.

   MODULAR BUILDING: Means a structure that is transportable in one or more sections and is designed and equipped for the manufacturing of cannabis products.

   NURSERY: Means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the propagation and cultivation of cannabis.

   OUTDOORS: Means any location within the City that is not within a fully enclosed and secure structure.

   PERMIT ZONE: Means, with respect to a person holding a City permit, the zones or portions of the City where such City permit type is permitted to operate. Such permit zones may be amended from time-to-time by a majority vote of the City Council. To the extent not otherwise specified in this definition, a cannabis permittee shall be able to operate in any portion of the City which complies with the zoning, radius and other requirements of this section.

   PERSON: Includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

   PHYSICIAN SERVICES: Means the consultation by a State- licensed physician of a patient with the possible recommendation by such physician of medical cannabis for such patient.

   PROCESS, PROCESSING, AND PROCESSES: Means all activities associated with drying, curing, grading, trimming, storing, packaging, and labeling of nonmanufactured cannabis products.

   RETAIL ESTABLISHMENT: Means a premises where cannabis or cannabis products are offered, either individually or in any combination, for retail sale or delivery pursuant to State law, including MAUCRSA for recreational and medical cannabis, including an establishment that sells and delivers cannabis or cannabis products to customers, patients or primary caregivers subject to chapter 3, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.

   SOLVENT, NONVOLATILE: Means any solvent used in the extraction process that is not a volatile solvent, such as carbon dioxide and ethanol.

   SOLVENT, VOLATILE: Means any solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures, such as butane, hexane, and propane.

   STATE: Means the State of California.

   STATE ADULT USE LICENSE: Means a State license issued pursuant to division 10, commencing with section 26000, of the Business and Professions Code, as amended or replaced.

   STATE LAW: Means all laws of the State, including all rules and regulations adopted by State agencies and State regulatory entities.

   STATE MEDICAL LICENSE: Means a State license issued pursuant to chapter 3.5, commencing with section 19300, of the Business and Professions Code, as amended or replaced.

   THC: Means the compound tetrahydrocannabinol.

   TESTING: Means the laboratory testing of the quality, makeup or purity of cannabis and cannabis products subject to chapter 6, division 42 Bureau of Cannabis Control, title 16 California Code of Regulations.

   TRACK-AND-TRACE SYSTEM: Means the State approved system used to track commercial cannabis activity and movement, subject to article 5 Records and Reporting, chapter 1 Cannabis Cultivation Program, division 8 Cannabis Cultivation, title 3 Food and Agriculture, California Code of Regulations.

   TRANSPORT: Means the transfer of cannabis and cannabis products from the business location of one cannabis permittee to the business location of another cannabis permittee, for the purposes of conducting commercial cannabis activity.

   VOLATILE SOLVENT: Means a Class I flammable liquid as defined by the National Fire Protection Association, including butane and propane.

   (C)   Commercial Cannabis Activity Prohibited:

      1.   Commercial cannabis activity, whether or not for profit, is not a permitted use within the City of Taft. The City shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for medical or adult-use commercial cannabis activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, or any other act of provision of law that licenses cannabis businesses.

      2.   It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial cannabis activity in the City.

      3.   All deliveries of cannabis or cannabis products to or from any location in the City are expressly prohibited. No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the City. This subsection shall not prohibit any person from transporting cannabis through the jurisdictional limits of the City for delivery or distribution to a person located outside the City, where such transport does not involve delivery or distribution within the jurisdictional limits of the City.

      4.   Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away cannabis accessories to persons twenty one (21) years of age or older without compensation whatsoever.

      5.   All outdoor cannabis cultivation is prohibited in the City. Indoor cannabis cultivation is prohibited except as specified in section 6-4-5 of this title.

   (D)   Personal Cannabis Use Exceptions: To the extent that the following activities are permitted by State law, nothing in this section shall prohibit a person twenty one (21) years of age or older from:

      1.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, not more than 28.5 grams of cannabis not in the form of concentrated cannabis;

      2.   Possessing, processing, purchasing, transporting, obtaining or giving away to persons twenty one (21) years of age or older, without compensation whatsoever, up to eight grams (8g) of cannabis in the form of concentrated cannabis;

      3.   Smoking or ingesting cannabis or cannabis products in a manner consistent with California Health and Safety Code section 11362.3;

      4.   Engaging in the indoor cultivation of six (6) or fewer live cannabis plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, and to the extent that the cultivation complies with section 6-4-5 of this title.

   (E)   Enforcement: Any commercial cannabis activity within the City is considered a violation of this section and is hereby declared to be unlawful and a public nuisance.

      1.   Any person who willfully or knowingly: a) engages in a violation of this section or b) owns, possesses, controls, or has charge of any parcel of real property in the City upon which a violation of this section is maintained and who has actual knowledge of such violation (or would have actual knowledge of such violation after a reasonable inquiry), shall be subject to the penalties and remedies provided by this section.

      2.   Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.

      3.   Any person in violation of any provision of this section or who causes another person to be in violation of this section shall have committed a misdemeanor. In addition which shall be punishable by a fine of one thousand dollars ($1,000.00) for each violation and for each day the applicable violation continues to persist.

      4.   Any person in violation of any provision of this section shall be punishable by an administrative fine of one thousand dollars ($1,000.00) per offense.

      5.   These penalties and remedies are cumulative, and in addition to any other penalties and remedies available to the City. (Ord. 831-18, 3-20-2018; amd. Ord. 832-18, 4-17-2018)

   (A)   Applications For Facilities: Wireless telecommunication facilities, hereinafter referred to as "facilities", as defined by section 6-1-19, "Definitions", of this title, are permitted subject to the following:

      1.   Tier Review: Applications for facilities are subject to a two (2) tier review process as provided in this section. Applications for facilities are subject to either: a) site plan review reviewed by the project assistance team (PAT) approval; or b) a conditional use permit, hereinafter referred to as "CUP", subject to planning commission approval.

         (a)   Tier 1; Site Plan Review: The PAT shall approve facilities only if it finds as follows:

            (1)   Facilities are located in a commercial, industrial, or natural resource zone district.

            (2)   Facilities that meet the height requirement of the applicable zone district.

            (3)   Building or roof mounted facilities that do not exceed fifteen feet (15') in height and are architecturally screened from view.

            (4)   Facilities have a stealth design in connection with a building or structure so as not to be recognized as a communications antenna.

            (5)   Support equipment is located within a completely enclosed structure or otherwise completely screened from view.

            (6)   New antennas will be, if reasonably possible, collocated on an existing approved facility in an industrial or commercial zone.

         (b)   Tier 2; Planning Commission Review: Facilities which do not qualify or cannot be approved by the PAT, in accordance with the Tier 1 criteria, are subject to CUP procedures, as outlined in section 6-2-5 of this title. The following are also subject to a CUP:

            (1)   Ground mounted facilities.

            (2)   Facilities that exceed the height requirement of the applicable zone up to seventy-five feet (75') in height. Facilities that exceed seventy five feet (75') in height shall require a variance application in addition to the CUP application. The variance request must meet the applicable findings outlined in section 6-2-6 of this title.

            (3)   Proposed facilities that create more than a minimal visual impact on surroundings, as determined by the PAT. In determining where more than a minimal visual impact exists, the following factors should be considered: location of facility, size and view of facility from adjacent properties, and contrast between the facility and other external structural equipment attached to the property.

            (4)   Facilities located adjacent to a residential zone (RS, R-1, R-2, R-3); provided, that the property has multiple-family grouped units and the facility is: a) stealth design; b) building or roof mounted and integrated into the architecture of the building; or c) collocated.

            (5)   Facilities located within the line of sight of any scenic corridor.

   (B)   Submittal Requirements: In addition to the submittal requirements as outlined in site plan review and CUP applications, applications for facilities must contain the following additional information:

      1.   The applicant shall supply verification of the proposed facilities' compliance with the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) by providing a copy of its FCC license agreement for review by staff.

      2.   The applicant shall supply verification of compliance with the federal aviation administration (FAA), particularly regarding height limitations.

      3.   At the time of submittal of a site plan review or a CUP application for facilities, the applicant shall submit information indicating the type of facilities, its height above ground level and its cell coverage.

   (C)   Location Guidelines: All applications for facilities are subject to the following location guidelines:

      1.   The preferred order of placement of facilities is as follows:

         (a)   Industrial zones;

         (b)   Natural resource zones;

         (c)   Agricultural zones;

         (d)   Commercial zones; and then

         (e)   Community facilities zones.

      2.   Facilities should:

         (a)   Be collocated with or on an existing facility, where appropriate;

         (b)   Be utilized as stealth designs;

         (c)   Be roof or wall mounted as an integral architectural element on an existing structure; and

         (d)   Utilize state of the art wireless technology.

      3.   The applicant is to investigate the feasibility of collocating additional antennas on the rooftops of buildings, on existing monopoles and/or clustering facilities. If collocation or clustering is not possible in the case of a particular proposal, the applicant shall submit such evidence at the time of submittal. With the submittal of a CUP application, the applicant is to submit a copy of the appropriate portions of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or facilities, as well as submit a design plan which does not preclude potential additional users.

      4.   Monopoles shall be separated a minimum of five hundred feet (500') from any other existing monopole.

   (D)   Development And Design Guidelines: All applications for facilities shall be submitted to the planning department and shall contain the information required by this section. The applicant shall submit plans that will be reviewed for all applicable zoning codes and standards. The following are intended to provide high quality guidelines to ensure compatibility with the community for the placement of facilities:

      1.   Freestanding facility support structures shall be screened from view by siting them next to tall buildings or structures, or placed near existing tall trees. Where applicable, the support structures are to be screened from public view with dense landscaping.

      2.   Facilities must meet all applicable zoning setback and height regulations of the underlying zone district. All proposed facilities that exceed the maximum height established by the underlying zone district are subject to FAA approval, per subsection (B)2.

      3.   Facilities may be designed as or within a piece of public art, such as a clock tower or historical monument for public benefit.

      4.   The height of the freestanding facility support structures must be the minimum necessary to provide the required coverage.

      5.   Safety lighting or colors, if prescribed by the city or other approving agency (i.e., FAA), may be required for support structures.

      6.   Support structures shall be integrated into a stealth design or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment building or enclosure accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

      7.   Proposed facilities shall not create any nonconforming situations to the site, such as a reduction in parking, landscaping, loading zones and/or elimination of loading zones. Facilities are to be installed and maintained in compliance with the requirements of the California Building Code, California Electrical Code, noise standards and all other applicable codes and regulations.

      8.   The planning commission may condition the approval of facilities of up to a five (5) year term or other review process.

      9.   Whip and microwave dish antennas are permitted only if integrated into the design of the structure and/or fully screened from public view.

      10.   All utilities associated with facilities shall be placed underground.

      11.   Chain link fencing is not permitted for containment of facilities, unless such fencing is located in the rear portion of property not visible from a public right of way and is installed with full-width screening slats on all facades of the fence.

      12.   Lattice towers shall not be permitted within the city boundaries, except when located within industrial or natural resource zone districts not adjacent to residential zone districts, subject to planning commission approval.

      13.   The operator or property owner is responsible for maintaining the facilities in an appropriate manner consistent with the adopted conditions of approval. Should the use be replaced or discontinued for a period of six (6) months, the approvals will lapse, the facility demolished, and facility site returned to match adjacent site conditions. (Ord. 843-21, 9-7-2021)