Chapter 17.16
PROPERTY DEVELOPMENT STANDARDS*

Sections:

17.16.005    Applicability of other provisions.

17.16.010    Density.

17.16.015    Recreational vehicle as dwelling unit.

17.16.020    Yards.

17.16.025    Creek setbacks.

17.16.030    Coverage.

17.16.035    Size limits on large-scale retail establishments.

17.16.040    Height.

17.16.050    Fences, walls and hedges.

17.16.060    Parking space requirements.

17.16.070    Parking and driveway design and exceptions.

17.16.080    Reserved.

17.16.090    Screening of outdoor sales and storage.

17.16.100    Reserved.

17.16.110    Satellite dish antenna.

17.16.120    Wireless telecommunication facilities.

*Ord. 1265 § 2 Ex. A, adopted June 21, 1994, amended former Chapter 17.16 §§ 17.16.005 — 17.16.110, pertaining to similar subject matter, in its entirety to read as herein set out. The provisions of former Chapter 17.16 derived from Ord. 1225 § 2 (Ex. A), 1992; Ord. 1222 § 1 Ex. B. 1992; Ord. 1180 § 3, 1991; Ord. 1154 § 3, 1990; 7-89 Supplement Amendment; Ord. 1122 § 2 (part), 1988; Ord. 1120 § 1, 1988; Ord. 1114 § 1 Ex. A, 1988; Ord. 1107 § 1 Ex. A, 1987; Ord. 1102 § 1 Ex. A(7), (8), (10), (11), 1987; Ord. 1085 § 1 Ex. A (part), 1987; Ord. 1009 § 1, 1984; Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982; and prior code § 9202.5(A) — (K).

17.16.005 Applicability of other provisions.

A. Development of property within the city may be subject to provisions of this code not contained in this section or chapter, including, but not limited to, the following:

1. Fire prevention code, Chapter 15.08;

2. Building regulations, Chapter 15.04;

3. Demolition and moving of buildings, Chapter 15.36;

4. Subdivision regulations, Title 16;

5. Building setback line (plan line), Chapter 17.74;

6. Street right-of-way dedication and improvement, Chapter 17.76;

7. Grading regulations, Section 15.04.040;

8. Architectural review commission, Chapter 2.48;

9. General plan amendment regulations, Chapter 17.80;

10. Sign regulations, Chapter 15.40;

11. Condominium development and conversion regulations, Chapter 17.82;

12. Flood damage prevention regulations, Chapter 17.84;

13. Downtown housing conversion permits, Chapter 17.86;

14. Growth management regulations, Chapter 17.88;

15. Resource deficiency, Chapter 2.44;

16. Environmental review guidelines, adopted by council Resolution 3919-1979;

17. Affordable housing incentives, Chapter 17.90;

18. On-shore support facilities, Chapter 17.92;

19. Development agreements, Chapter 17.94.

B. Where provisions of this chapter conflict with provisions of other applicable laws, the more restrictive provision shall prevail. (Ord. 1265 § 2 Ex. A, 1994)

17.16.010 Density.

A. Determination of Allowed Development.

1. “Density” is the number of dwellings per net acre, measured in density units. In the AG, C/OS, and R-1 zones, each single-family dwelling counts as one density unit. In the other zones, different size dwellings have density unit values as follows:

a. Studio apartment, 0.50 unit;

b. One bedroom dwelling, 0.66 unit;

c. Two bedroom dwelling, 1.00 unit;

d. Three bedroom dwelling, 1.50 units;

e. Dwelling with four or more bedrooms, 2.00 units.

2. The following procedure shall be used to determine the maximum development allowed on a given lot or land area:

a. Determine the Average Cross-Slope of the Site. “Average cross-slope” is the ratio, expressed as a percentage of the difference in elevation to the horizontal distance between two points on the perimeter of the area for which slope is being determined. The line along which the slope is measured shall run essentially perpendicular to the contours.

i. Where a site does not slope uniformly, average cross-slope is to be determined by proportional weighting of the cross-slopes of uniformly sloping subareas, as determined by the community development director.

ii. Cross-slope determinations shall be based on the existing topography of the net site area after subtracting the area for any future on-site grading necessary to accommodate proposed right-of-way improvements and other on-site improvements.

iii. Cross-slope shall be calculated only for the net area as defined in subsection (A)(2)(b) of this section.

iv. When the calculation of cross slope results in a fractional number, it shall be rounded to the next highest whole number if the fraction is one-half or more; otherwise it shall be rounded down to the next lowest whole number.

v. No slope rated density reduction is required in the C/OS, C-R, C-C or PF zones.

vi. The maximum development allowed for each average cross-slope category is as follows:

Table 1: Maximum Residential Density for Cross-Slope Categories 

Average Cross-Slope in %

Maximum Density Allowed (density units per net acre)

 

R-1

R-2*, O, C‑N, C‑T

R-3

R-4

C-R, C-D, C-C

C-S, M

0 – 15

7

12

18

24

36

24

16 – 20

4

6

9

12

36

24

21 – 25

2

4

6

8

36

24

26+

1

2

3

4

36

24

*R-2 zone, see subsection (A)(2)(d)(i) of this section.

By approving an administrative use permit, the director may grant exceptions to the reduction of density with slope where the parcel in question is essentially enclosed on all sides by development at least as dense and within the same cross-slope category as the proposed development. The exception shall not authorize density greater than that allowed for the category of less than fifteen percent slope for the appropriate zone. (See also Section 17.12.020(D), Nonconforming Lots – Regulations.)

b. Determine the Net Area of the Site. “Net area” is all the area within the property lines of the development site, excluding the following:

i. Street right-of-way dedicated and proposed to be dedicated to the city;

ii. Area between the tops of banks of creeks shown on the open space element creeks map;

iii. Habitat occupied by species listed as endangered or threatened by the U.S. Fish and Wildlife Service or the California Department of Fish and Game, or as plants of highest priority by the California Native Plant Society, unless the community development director determines there is no practical alternative as defined by the general plan;

iv. Area within the drip line of heritage trees designated by the city.

c. Multiply the resulting area (in whole and fractional acres) by the maximum density allowed (in density units per acre) according to Table 1 of this section.

d. The resulting number (in density units, carried out to the nearest one hundredth unit) will be the maximum residential development potential. Any combination of dwelling types and numbers may be developed, so long as their combined density unit values do not exceed the maximum potential.

i. For a single-family residence (single unit on one lot) located in the medium-density residential zone (R-2), density unit values may be rounded up to the nearest one-half density unit (example: 1.37 = 1.5). Condominiums and common interest subdivisions shall conform to standard R-2 density requirements where maximum density is calculated by rounding to the nearest one-hundredth unit.

B. Density Transfer.

1. Development potential may be transferred within the area covered by a planned development (PD) zone, in conformance with the requirements of Chapter 17.50.

2. Where a portion of a lot is within a zone or zones that allow residential use and the rest of the lot is in a C/OS zone, and the portion within the C/OS zone is not large enough to allow one dwelling, the fractional dwelling unit potential from the C/OS zone may be transferred to the other portion of the lot, without planned development rezoning.

C. Density Averaging. Where portions of a lot are within two or more different zones that allow different maximum densities, and any portion is not of the size required for a lot in that zone, density may be averaged over the whole lot, with each portion contributing to the overall maximum development potential in proportion to its area and maximum allowed density.

D. Density Bonus for Low-Income and Moderate-Income Housing. Pursuant to California Government Code Section 65915, the city may negotiate a density bonus or other benefits in exchange for provision of housing affordable to households with low or moderate income, as defined in the Government Code, and as stipulated in Chapter 17.90 of these regulations.

E. Exceptions for Dwellings Rebuilt after Involuntarily Destroyed. Residences in R-1, R-2, R-3, R‑4, O, C-N, C-C, C-R, C-T, C-D, and C/OS zones, which have been involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy by more than fifty percent of their pre-damaged value, may be rebuilt at the same density and up to the same size, under the following circumstances:

1. All construction must conform to current building codes, zoning regulations, and architectural guidelines, except that the previously existing number of dwelling units and size of buildings will be allowed.

2. A building permit for the replacement structure(s) must be obtained within three years of the date of the damage or destruction.

3. Notwithstanding the above provisions, application for replacement structures of the same density and size may be denied if the community development director makes one of the following findings:

a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons living or working in the neighborhood.

b. The reconstruction, restoration, or rebuilding will be detrimental or injurious to property and improvements in the neighborhood.

c. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted.

d. There no longer exists a zone in which the existing nonconforming use is permitted. (Ord. 1571 § 4, 2012; Ord. 1553 § 8, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1365 § 3 (part), 2000; Ord. 1346 §§ 2 (part), 3 (part), 1999; Ord. 1265 § 2 Ex. A, 1994; Ord. 1310 § 2, 1996)

17.16.015 Recreational vehicle as dwelling unit.

No recreational vehicle, camper shell, automobile or similar device shall be used for living or sleeping quarters on private property, except in a lawfully operated mobile home park, travel trailer park, campground, or safe parking facility, except as provided in Section 17.08.010(C)(4) et seq. Within city streets, areas of the public right-of-way, and city-owned parking areas, parking of vehicles for purposes of overnight camping or sleeping is prohibited by and shall be subject to enforcement in accordance with Chapter 10.34. (Ord. 1592 § 4, 2013: Ord. 1584 § 3, 2012: Ord. 1484 § 14, 2005: Ord. 1277 § 5, 1995)

17.16.020 Yards.

A. Definitions and Purpose.

1. A “yard” is an area along a property line within which no structures, parking spaces or parking backup spaces may be located, except as otherwise provided in these regulations. Yards are intended to help determine the pattern of building masses and open areas within neighborhoods. They also provide separation between combustible materials in neighboring buildings. Yards are further intended to help provide landscape beauty, air circulation, views and exposure to sunlight for both natural illumination and use of solar energy.

2. These regulations provide for two types of yards:

a. “Street yard” means a yard adjacent to a local street, state highway or adopted setback line. Frontages on Highway 101 are not street yards.

b. An “other yard” is any yard other than a street yard (i.e., side and rear yards).

B. Measurement of Yards.

1. Street yards shall be measured from the right-of-way line or adopted setback line to the nearest point of the wall of any building.

2. Other yards shall be measured from the property line to the nearest point of the wall of any building.

3. The height of a building in relation to yard standards is the vertical distance from the ground to the top of the roof, measured at a point which is a specific distance from the property line. Height measurements shall be based on the existing topography of the site before grading for proposed on-site improvements.

C. Yard Standards.

1. Street yards shall comply with the following:

Table 2: Minimum Street Yards

Zone

Minimum Street Yard

R-1

20 feet

R-2

20 feet

R-3

15 feet

R-4

15 feet

C/OS

20 feet

O

15 feet

PF

As provided in zone of adjacent lot*

C-N

10 feet

C-C

As provided in zone of adjacent lot*

C-D

As provided in zone of adjacent lot*

C-R

As provided in zone of adjacent lot*

C-T

10 feet

C-S

See Chapter 17.46

M

See Chapter 17.48

BP

See Chapter 17.49

*    If the zone of adjacent lot does not have its own standard, no street yard is required. Lots separated by streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest yard shall be required.

2. Other yards shall comply with the following:

Table 3: Minimum Other Yards in R‑1 and R-2 Zones 

Maximum Building Height*

Minimum Required Yard**

A point this high on the roof of a building

Must be at least this far from the property line:

(feet)

(feet)

1 – 12

5.0 (min. in R-1 & R-2)

13

5.5

14 – 15

6.0

16 – 17

7.0

18 – 19

8.0

20

8.5

21 – 22

9.0

23 – 24

10.0

25

10.5

26

11.0

27

11.5

28

12.0

29

12.5

30 – 31

13.0

32

13.5

33

14.0

34

14.5

35

15.0

*    Building heights shall be rounded to the nearest whole foot.

**    Yards shall be rounded to the nearest 0.5 foot.

Table 4: Minimum Other Yards in R-3, R-4, O and C-N Zones 

Maximum Building Height*

Minimum Required Yard**

A point this high on the roof of a building

Must be at least this far from the property line:

(feet)

(feet)

1 – 13

5 (min. yard)

14 – 15

5.5

16 – 17

6

18 – 20

6.5

21 – 22

7

23 – 24

7.5

25 – 26

8

27 – 29

8.5

30 – 31

9

32 – 33

9.5

34 – 35 (max. height)

10

*    Building heights shall be rounded to the nearest whole foot.

**    Yards shall be rounded to the nearest 0.5 foot.

Table 5: Minimum Other Yards in C/OS, PF, C‑C, C-D, C-R, C-T, C-S, M and BP Zones

Zone

Minimum Other Yard

C/OS

20 feet

PF

As provided in zone of adjacent lot*

C-C

As provided in zone of adjacent lot*

C-D

As provided in zone of adjacent lot*

C-R

As provided in zone of adjacent lot*

C-T

As provided in zone of adjacent lot*

C-S

See Chapter 17.46

M

See Chapter 17.48

BP

See Chapter 17.49

*    If the zone of adjacent lot does not have its own standard, no yard is required. Lots separated by streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest yard shall be required.

3. Yards with city-required landscape plans and storm water facilities shall be landscaped and maintained in accordance with approved plans.

D. What May Occupy Yards.

1. Utility Structures. Components of public utility systems may be located within street yards when approved by the architectural review commission.

2. Fences, Walls and Hedges. Fences, walls and hedges may occupy yards to the extent provided in Section 17.16.050. (Vegetation may be controlled by the California Solar Shade Control Act.)

3. Arbors and Trellises. Arbors and trellises may occupy yards subject to the extent provided in Section 17.16.050. Arbors and trellises shall not be connected to or supported by a building, nor be designed to support loads other than vines or similar plantings. They are not considered structures for zoning purposes and shall not be used as patio covers.

4. Signs. Signs in conformance with the sign regulations codified in Chapter 15.40 may occupy yards to the extent provided in those regulations.

5. Architectural Features. The following and similar architectural features may extend into a required yard no more than thirty inches:

a. Cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, reflectors, water heater enclosures, and bay or other projecting windows that do not include usable floor space (Figure 1).

Figure 1

b. Uncovered balconies, uncovered porches, or decks may extend into the required yard not more than four feet or one-half the required yard distance, whichever is less. Fire escapes, exit stairs or other required exits may be required to meet greater setbacks to comply with building code requirements.

c. Decks, planters and similar features less than thirty inches above grade may be located within the required yards.

6. Trash Enclosures. Trash enclosures which have been approved by the architectural review commission may be located within a required yard, provided no part of the enclosure is less than three feet from any right-of-way or adopted setback line.

7. Vehicle Parking. Vehicle parking in front yard areas of residential properties shall conform to Section 17.17.055. No person shall stop, park, or leave standing any vehicle, whether attended or unattended, within any street yard or upon any unpaved surface as defined in this section and Section 12.38.040.

8. Unenclosed Parking Spaces in Other Yards. Unenclosed parking spaces and parking aisles may be located within other yards. For residential properties parking spaces may not be located within the “front yard” area unless consistent with Section 17.17.055.

9. Unenclosed Tandem Parking Spaces. For single dwellings required parking may be approved by the director to be in tandem where safe and compatible with the surrounding neighborhood.

10. Enclosed and Unenclosed Parking Spaces in Street Yard Prohibited. In no case may an enclosed parking space or required parking space from which vehicles exit directly onto the street be located less than twenty feet from the street right-of-way or setback line except as provided in subsection (E)(2) of this section, or as provided in Section 17.17.055(D).

E. Exceptions to Yard Requirements. These regulations provide two general types of exceptions to the yard requirements: First, those which the property is entitled to because of physical circumstances, and second, those which the city may approve upon request and subject to certain discretionary criteria.

1. Exceptions Property May Be Entitled To.

a. Street Yards on Corner Lots Recorded Before April 1, 1965. On corner lots in the R-1 and R-2 zones, recorded before April 1, 1965, the street yard along the lot frontage having the longer dimension shall be not less than ten feet, as in Figure 2.

Figure 2

b. Street Yards on Corner Lots Where Each Corner Lot Has Its Longer Frontage Along the Cross Street. In the R-1 and R-2 zones, when each corner lot on a cross street has its longer frontage along the cross street, as in Figure 3, the street yard along the longest frontage shall be not less than ten feet.

Figure 3

c. Street Yard Averaging (Developed Areas). Where these regulations require street yards and where buildings have been erected on at least one-half of the lots in a block as of the effective date of the regulations codified in this section, the minimum required street yard shall be the average of the street yards of the developed lots, but in no case less than ten feet nor more than would otherwise be required.

d. Reduced Street Yard for New Structure Providing Additional Creek Setback. Where a new structure provides a creek setback larger than required by this title, the required street yard shall be reduced one foot for each one foot of additional creek setback, so long as the street yard is at least one-half that required by Table 2.

2. Discretionary Exceptions.

a. Reduced Street Yards. Upon approval of a use permit, or in conjunction with tandem parking approval, the director may allow street yards to be reduced to zero for unenclosed parking spaces. Street yard reductions are not intended to allow for garage conversions. Street yards may be reduced to ten feet for structures including carports. Reductions may be approved for garages when the driveway is long enough to accommodate a parked car that does not overhang the sidewalk (eighteen and one-half feet minimum).

b. Variable Street Yards in Subdivisions. In new residential subdivisions, the entity approving the subdivision may approve variable street yards, to be noted on the approved map, provided the average of the yards on a block is at least fifteen feet and no yard is less than ten feet. Garages or carports which back directly onto the public right-of-way shall maintain a minimum setback so that a parked car doesn’t overhang the sidewalk (eighteen and one-half feet).

c. Variable Other Yards in Subdivisions. In new residential subdivisions, the entity approving the subdivision map may approve exceptions to the other yard standards, with the exceptions to be noted on the map, provided a separation of at least ten feet between buildings on adjacent lots will be maintained and an acceptable level of solar exposure will be guaranteed by alternative yard requirements or private easements to ensure the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.

d. Other Yard Variations in Previously Subdivided Areas. Upon approval of a use permit, the director may allow other yards to be reduced to zero under either of the following circumstances:

i. When there exists adequate recorded agreement running with the land to maintain at least ten feet of separation between buildings on adjacent parcels and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1; or

ii. When the reduction is for either a minor addition to an existing legal structure which is nonconforming with regard to yard requirements or for a detached single-story accessory structure; provided, that the director makes the following findings:

• In the case of a minor addition, that the minor addition is a logical extension of the existing nonconforming structure;

• In the case of a detached single-story accessory structure, that the accessory structure is consistent with the traditional development pattern of the neighborhood and will have a greater street yard setback than the main structure;

• That adjacent affected properties will not be deprived of reasonable solar exposure, and the development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1;

• That no useful purpose would be realized by requiring the full yard;

• That no significant fire protection, emergency access, privacy or security impacts are likely from the addition; and

• That it is impractical to obtain a ten-foot separation easement pursuant to subsection (E)(2)(d)(i) of this section.

All such minor additions and new accessory structures shall comply with applicable provisions of Title 15, Building and Construction (see also Chapter 17.14, Nonconforming Structures).

e. Other Yard Building Height Exceptions. Upon approval of a use permit, the director may allow exceptions to the standards provided in Tables 3, 4, and 5 of subsection (C)(2) of this section. Such exceptions may be granted in any of the following and similar circumstances, but in no case shall exceptions be granted for less than the minimum yard required:

i. When the property that will be shaded by the excepted development will not be developed or will not be deprived of reasonable solar exposure, considering its topography and zoning;

ii. When the exception is of a minor nature, involving an insignificant portion of total available solar exposure;

iii. When the properties at issue are within an area where use of solar energy is generally infeasible because of landform shading;

iv. When adequate recorded agreement running with the land exists to protect established solar collectors and probable collector locations;

v. When the property to be shaded is a street;

vi. Where no significant fire protection, emergency access, privacy or security impacts are likely to result from the exception.

vii. The development will comply with solar access standards of General Plan Conservation and Open Space Element Policy 4.5.1.

Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60.

For height limits of signs, see Chapter 15.40, Sign Regulations.

f. Intersection Visibility. At the intersections not controlled by a stop sign or traffic signal, no plant, structure or other solid object over three feet high which would obstruct visibility may be located within the area indicated in Figure 4. At controlled intersections, the city engineer may determine visibility requirements for proper sight distance. (Note: Yard requirements may also be modified by variance, Chapter 17.60; planned development, Chapter 17.62; specific plan, Chapter 17.52; or special consideration zone, Chapter 17.56.)

Figure 4

(Ord. 1591 §§ 22, 23, 2013; Ord. 1579 § 3, 2012; Ord. 1571 §§ 5, 6, 7, 2012; Ord. 1553 §§ 9—11, 2010; Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1500 § 3 (part), 2007; Ord. 1437 §§ 1, 3, 2003; Ord. 1365 § 3 (part), 2000; Ord. 1277 § 6, 1995; Ord. 1265 § 2 Ex. A, 1994; Ord. 1302 § 2, 1996)

17.16.025 Creek setbacks.

A. Purpose. Creek setbacks are intended to:

1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement.

2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established.

3. Allow for natural changes that may occur within the creek corridor.

4. Help avoid damage to development from erosion and flooding.

5. Enable implementation of adopted city plans.

B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the open space element and shown on that element’s creek map, and only to those creeks.

C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future top of bank resulting from a creek alteration reflected in a plan approved by the city), or from the edge of the predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 5). The community development director may determine the predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along the creek, in a way unrelated to topography (for example, the director will not base the setback line on individual trees or branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where riparian vegetation extends over a public street, no creek setback is required on property which is on the side of the street away from the creek.

D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans subject to city approval. The location of these features is subject to confirmation by the community development director, based on observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology, or geology.

E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different parcel sizes and locations of existing structures for areas within the city in comparison with areas which may be annexed, and in response to different sizes of the creek channels and tributary drainage areas.

1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall be twenty feet, except as provided in subsections (E)(3), (E)(4) or (G) of this section. Where the city limit follows a creek, the setback on the side within the 1996 city limits shall be twenty feet and the setback on the annexed side shall be as provided in subsection (E)(2) of this section.

2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the city after July 1, 1996, the following setbacks shall be provided, unless a specific plan or development plan approved by the city council provides a larger or smaller setback, consistent with the purpose of these regulations and with general plan policies.

a. Fifty-Foot Setbacks. The setback along the following shall be fifty feet: San Luis Obispo Creek (all of main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the confluence with Acacia Creek; Stenner Creek.

b. Thirty-Five-Foot Setbacks. The setback along the following shall be thirty-five feet: Prefumo Creek; Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227); the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side of Broad Street (Highway 227), from Broad Street to Fuller Road.

c. Twenty-Foot Setbacks. The setback along all creeks except those listed in subsections (E)(2)(a) and (E)(2)(b) of this section shall be twenty feet. (Informational map is available in the community development department.)

3. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California Environmental Quality Act, or to implement adopted city plans, when approving a discretionary application the city may require setbacks larger than required by subsections (E)(1) and (E)(2) of this section, or further limitations on the items which may be placed within setbacks. (Also, other city regulations may restrict or prevent development in a floodway or floodplain.)

4. Prior Approvals. Where the city has explicitly approved a creek setback smaller than required by this section, prior to adoption of this section, by action on a tract or parcel map (whether or not a vesting map), architectural review application, use permit, planned development zoning, or special considerations zoning, that smaller setback shall remain in effect so long as the approval is in effect.

F. Items Prohibited within Setbacks. The following shall not be placed or constructed within a creek setback, except as provided in subsection G of this section: structures; paving; parking lots; in nonresidential zones, areas used for storing or working on vehicles, equipment, or materials.

G. Exceptions to Creek Setbacks.

1. Entitled Replacement Structures. Where a structure lawfully existed on or before October 3, 1996, within a creek setback required by this chapter, the following shall apply. This part is not intended to allow replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a discretionary approval is obtained pursuant to subsection (G)(4) of this section.

a. Any structure built in replacement of such a structure may occupy the same footprint, within the creek setback, as the previous structure, without obtaining a discretionary exception. (See also Section 17.16.020(E)(1)(d).)

b. Additional floor area shall not be added to the encroaching part of the structure (for example, by adding stories).

c. The part of a structure which is nonconforming due solely to the creek setback encroachment may be remodeled without regard to the limits of Section 17.14.020(B) and (C) of this title.

2. Entitled Accessory Structures and Uses. The following items may be located within the required creek setback, without obtaining a discretionary exception; provided, that they: do not extend beyond the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce any flooding capacity pursuant to the city’s flood damage prevention regulations; in total occupy not more than one-half of the setback area; are consistent with other property development standards of the zoning regulations.

a. Walls or fences, provided that in combination with buildings they enclose not more than one-half of the setback area on any development site.

b. For a single-family dwelling: uncovered parking spaces, patios, and walkways. (Pedestrian paths and bicycle paths require a discretionary exception as provided in subsection (G)(4) of this section.)

c. Decks, stairs, and landings which are no more than thirty inches in height.

d. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses, provided the projected roof area does not exceed one hundred twenty square feet.

e. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an open lattice design and light-weight materials.

3. Entitled Architectural Features. The following architectural features may extend into the setback up to thirty inches: cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heater enclosures, and bay or other projecting windows that do not include usable floor space.

4. Discretionary Exceptions.

a. Intent. Discretionary exceptions to creek setback standards are intended to allow reasonable use of sites which are subject to creek setbacks, where there is no practicable alternative to the exception. Generally, such exceptions are limited to small parcels which are essentially surrounded by sites that have been developed with setbacks smaller than those in subsection E of this section. In the case of pedestrian paths, bicycle paths, and bridges, the site may be large, but there are no options for avoiding a crossing of the creek or encroaching into the creek setback.

b. Application Type. A creek setback smaller than required by subsection E of this section may be approved by city action on a plan for public facilities approved by the city council or on a specific plan, development plan under planned development zoning, land division, use permit, or architectural review. Where one of these types of applications is not otherwise required for the proposed feature, an exception request shall be in the form of an administrative use permit.

c. Public Notice. Public notice for a project involving a creek setback exception, regardless of application type, shall include a clear description of the feature or features proposed to receive the exception, and the extent of the exception.

d. Findings. Each discretionary exception shall be subject to each of the following findings, regardless of the type of project application under which the request is considered.

i. The location and design of the feature receiving the exception will minimize impacts to scenic resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and movement; and

ii. The exception will not limit the city’s design options for providing flood control measures that are needed to achieve adopted city flood policies; and

iii. The exception will not prevent the implementation of city-adopted plans, nor increase the adverse environmental effects of implementing such plans; and

iv. There are circumstances applying to the site, such as size, shape or topography, which do not apply generally to land in the vicinity with the same zoning, that would deprive the property of privileges enjoyed by other property in the vicinity with the same zoning; and

v. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the limitations upon other properties in the vicinity with the same zoning; and

vi. The exception will not be detrimental to the public welfare or injurious to other property in the area of the project or downstream; and

vii. Site development cannot be accomplished with a redesign of the project; and

viii. Redesign of the project would deny the property owner reasonable use of the property. (“Reasonable use of the property” in the case of new development may include less development than indicated by zoning. In the case of additional development on an already developed site, “reasonable development” may mean no additional development considering site constraints and the existing development’s scale, design, or density.)

e. Biological Survey. A biological survey by a qualified, independent person shall be required for each discretionary exception request, to provide the basis for making the finding in subsection (G)(4)(d)(i) of this section, unless waived by the community development director upon determining that no purpose would be served by such a survey because no biological resources could be affected by the exception.

f. Application Contents. In addition to any other information required for a project application, a request for creek setback exception shall include the following:

i. A description of the feature or features proposed for exception and the extent of the exception.

ii. A description of potential design changes for the project which would eliminate or reduce the need for the exception.

iii. A statement why an exception is deemed necessary by the applicant.

iv. Mitigation proposed to offset any harmful effects of the exception.

Figure 5

(Ord. 1402 § 3, 2001: Ord. 1365 § 3 (part), 2000; Ord. 1302 § 2, 1996)

17.16.030 Coverage.

A. Definition. “Coverage” means the area of a lot covered by the footprint of all structures, as well as decks, balconies, porches, and similar architectural features, expressed as a percentage of the total lot area. Uncovered decks or porches which are thirty inches or less from the ground shall not be included in the determination of coverage.

Figure 6

B. Application and Exception. Maximum coverage shall be as provided in the specific property development standards for the various zones in Chapters 17.24 and 17.56 inclusive, except that the planning commission may grant exceptions to maximum coverage for churches, synagogues, temples, etc., in any zone, subject to approval of a use permit.

Figure 7

(Ord. 1365 § 3 (part), 2000; Ord. 1265 § 2 Ex. A, 1994)

17.16.035 Size limits on large-scale retail establishments.

A. Large-scale commercial buildings shall not exceed the retail size limits established for each commercial zone, see Sections 17.38.020, 17.40.020, 17.42.020, 17.44.020 and 17.46.020.

B. Exceptions to Retail Building Size Limits. When an otherwise lawful retail establishment existed on the effective date of the size limits, such structure shall be considered a development nonconformity but may be continued, structurally altered, repaired or reconstructed so long as it is not increased, extended or enlarged beyond the gross floor area of the building that existed on that date. To the extent practicable, the design guidelines for large-scale retail projects shall be applied to any alteration, reconstruction or repair that takes place after the effective date of the size limits. (Ord. 1405 § 4, 2001)

17.16.040 Height.

The height of a building is the vertical distance from the average level of the ground under the building to the topmost point of the roof, including parapets. The average level of the ground is determined by adding the elevation of the lowest point of the part of the lot covered by the building to the elevation of the highest point of the part of the lot covered by the building, and dividing by two. (See Figure 8.) Height measurements shall be based on existing topography of the site, before grading for proposed on-site improvements.

Figure 8

 

Table 5.5: Maximum Height by Zone
 

Zone

Maximum Height

R-1

25 ft. (up to 35 feet with approval of an administrative use permit)

R-2

35 feet

R-3

35 feet

R-4

35 feet

C/OS

35 feet

AG

35 feet

O

25 feet (up to 35 feet with approval of an administrative use permit)

PF

35 feet

C-N

35 feet

C-R

45 feet

C-C

35 feet

C-D

50 feet (additional height up to 75 feet may be approved, Section 17.42.020(C))

C T

45 feet

C S

35 feet

M

35 feet

BP

Varies by specific plan area (see Chapter 17.49)

See also Section 17.16.020 for relationship of yards and building height.

Components of solar energy systems, chimneys, elevator towers, screening for mechanical equipment that is not integral with building parapets, vents, antennas and steeples shall extend not more than ten feet above the maximum building height.

Commercial and governmental agency antennas may exceed the height limits for the zone in which they are located if such an exception is approved by the director.

Any other exception to the height limits requires approval of a variance as provided in Chapter 17.60.

For height limits of signs, see Chapter 15.40, Sign Regulations. (Ord. 1571 § 8, 2012)

17.16.050 Fences, walls and hedges.

A. Purpose and Application.

1. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, overall character of neighborhoods, and to ensure the provision of adequate light, air, and public safety.

2. These regulations apply to any type of visible or tangible obstruction which has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including but not limited to: any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire or mesh and any type of natural growth such as hedges and screen plantings.

B. Fences, walls or hedges may be placed within required yards, provided:

Figure 9

1. The maximum height in any street yard shall be as shown in Figure 9;

2. The maximum height in any other yard shall be six feet;

3. Arbors, trellises, and other ornamental features are allowed within a required yard, subject to the same height limits that apply to fences and hedges except as provided below;

4. Arbors. Up to one such feature per street frontage may be allowed with a maximum height of nine feet, and an area of not more than forty square feet as measured by the perimeter formed by the vertical projection to the ground of the outermost elements of the feature, and no horizontal dimension shall exceed eight feet in length. Any portion of such a feature wider than eighteen inches and that exceeds the usual fence height requirements of this section shall be of an open design such that a person standing on the adjacent public right-of-way can see completely through at least fifty percent of the structure to the depth of the required street yard. (Figure 9.5.) Such features within required yards shall not be connected to a building and shall comply with intersection visibility requirements of Section 17.16.020(E)(2).

Figure 9.5

5. Decorative pilasters, statuary, flower pots and similar ornamental elements attached to or incorporated into the design of conforming fences or walls may exceed the required height limit up to eighteen inches provided that the decorative element is not wider than eighteen inches and that such elements are used to define a gateway or other entryway or are otherwise at least four feet apart.

C. Fences or walls may be placed outside required yards, provided:

1. The maximum height is eight feet.

2. Where the wall is connected to and a part of the house, it may be any height allowed in the underlying zone.

D. Fence height is measured from the adjacent grade along the lower side of the wall or fence directly at the base of the wall or fence.

E. Measurement of Height Where Fences or Walls Are Located on Retaining Walls.

1. Where fences or walls are located on retaining walls, the height of the retaining wall shall be considered as part of the overall height of the fence or wall. Walls or fences must have a minimum spacing of five feet to be considered separate structures for purposes of measuring overall height.

2. Where fences are located on a berm or mound the height of fence shall include the berm or mound directly beneath the fence and above natural grade in the overall height measurement.

3. Where fences are located on retaining walls within other yards, fences not to exceed six feet as measured from the uphill side may be erected or replaced on top of the retaining walls and the combined fence and retaining wall height shall not exceed nine feet from the lower side, provided no modification of grade has occurred from the original subdivision improvements and/or design approvals. A building permit is required for the combined fence and retaining wall height to exceed six feet and if there is evidence that a modification to the grade has occurred from the original subdivision/design approvals, the height must be authorized through a fence height exception.

F. The director may grant exceptions to these standards subject to a finding that no public purpose would be served by strict compliance with these standards.

G. A public notice shall be posted at the site of each proposed fence height exception. If anyone informs the community development department of a reasonable objection concerning the proposed fence height exception within five days of the posting, the director shall schedule a hearing for the application as provided for administrative use permits. If no questions or objections are received by the community development department within five days after posting, the director may issue a letter of approval upon submission of all required information and without further notice or public hearing. (Ord. 1571 §§ 9—12, 2012; Ord. 1553 § 12, 2010: Ord. 1500 § 3 (part), 2007: Ord. 1265 § 2 Ex. A, 1994)

17.16.060 Parking space requirements.

A. Intent. This section is intended to ensure provision of adequate off-street parking, considering the demands likely to result from various uses, combinations of uses, and settings. It is the city’s intent, where possible, to consolidate parking and to minimize the area devoted exclusively to parking and drives when typical demands may be satisfied more efficiently by shared facilities.

B. Shared Parking Reduction. Where two or more uses share common parking areas, the total number of parking spaces required may be reduced by up to ten percent, with approval of an administrative use permit. Where shared parking is located on more than one parcel, affected parties must record an agreement governing the shared parking, to the satisfaction of the director.

C. Mixed-Use Parking Reduction. By approving an administrative use permit, the director may reduce the parking requirement for projects sharing parking by up to twenty percent, in addition to the shared parking reduction, for a total maximum parking reduction of thirty percent, upon finding that the times of maximum parking demand from various uses will not coincide.

D. Mechanical Parking Lifts. In commercial zones and multifamily developments, by approving an administrative use permit, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Additional surface parking up to twenty-five percent of the required minimum amount of spaces may be required for lift systems unable to accommodate a range of vehicles including trucks, vans, SUVs, or large sedans. Application submittals shall include any information deemed necessary by the director to determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made:

1. The use of mechanical lift parking results in superior design and implementation of city goals and policies for infill development.

2. In existing developments and established neighborhoods, mechanical lift parking will be adequately screened and compatible with the character of surrounding development; and, in new developments, mechanical lift parking shall comply with community design guidelines and be compatible and appropriately considered with overall building and site design.

3. Mechanical lift parking systems shall comply with all development standards including but not limited to height and setback requirements, and parking and driveway standards with the exception of minimum parking stall sizes which are established by lift specifications.

4. There exists adequate agreement running with the land that mechanical parking systems will be safely operated and maintained in continual operation with the exception of limited periods of maintenance.

5. There are no circumstances of the site or development, or particular model or type of mechanical lift system, which could result in significant impacts to those living or working on the site or in the vicinity.

E. Automobile Trip Reduction. By approving an administrative use permit, the director may reduce the parking requirement for projects implementing non-auto travel, particularly for commuting, when it can be demonstrated that reduction of on-site parking will be safe, and will not be detrimental to the surrounding area or cause a decline in quality of life. The applicant shall provide reasonable justification for the reduction, including innovative project design, transportation demand management (TDM), or incentives, which will reduce single-occupant vehicle travel to and from the site. These may include, but are not limited to, programs such as carsharing, employer-paid transit passes, cashouts (i.e., trip reduction incentive plans), or off-peak work hours.

F. Off-Site Parking. The director may, by approving an administrative use permit, allow some or all of the required parking to be located on a site different from the use. Such off-site parking shall be within a zone where the use is allowed or conditionally allowed, or within an office, commercial or manufacturing zone. It shall be within three hundred feet of the use and shall not be separated from the use by any feature that would make pedestrian access inconvenient or hazardous. The site on which the parking is located shall be owned, leased or otherwise controlled by the party controlling the use.

G. Bicycle and Motorcycle Spaces. Each use or development which requires ten or more spaces shall provide facilities for parking bicycles and motorcycles as follows:

1. Motorcycle Spaces. Parking for motorcycles shall be provided at the rate of one space for each twenty car spaces. Projects that provide more motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five motorcycle spaces, up to a ten percent reduction, subject to the approval of the community development director.

2. Bicycle Spaces. Parking for bicycles shall be provided in accordance with Table 6.5. All bicycle spaces shall be located at the ground floor level. Additional city standards and guidelines for bicycle parking can be found in the city’s engineering standards, community design guidelines, and bicycle transportation plan. Projects which provide more bicycle and/or motorcycle spaces than required may reduce the required car spaces at the rate of one car space for each five bicycle spaces, up to a ten percent reduction, subject to the approval of the community development director. All bicycle parking that exceeds the required number of spaces shall be apportioned between short-term and long-term bicycle spaces as stipulated by Table 6.5. Any additional bicycle parking provided for residential uses shall be covered.

H. Downtown Core. Within the downtown-commercial (C-D) zone, the following parking standards and incentives shall apply:

1. Parking space reductions noted in subsections B through F of this section shall not be applicable in the C-D zone, as the reduced parking rates established herein are intended to provide flexibility in meeting parking requirements and rely on the consolidation of parking.

2. Restaurants, sandwich shops, take-out food, bars, taverns, night clubs, other food service or entertainment establishments, theaters, auditoriums, convention halls, and churches: One-half that required in Table 6; provided, however, that in no case the requirement shall exceed one space per three hundred fifty square feet gross floor area.

3. Dwellings, motels, hotels and bed and breakfast inns: One-half that required in Table 6. In order to support and encourage residential uses in the C-D zone, additional options for meeting parking requirements for residential uses are available as listed in subsection (H)(7) of this section.

4. All other uses: One space per five hundred square feet gross floor area.

5. In determining the total number of required spaces, all fractions shall be rounded to the nearest whole number. Fractions of one-half or greater shall be rounded to one; fractions less than one-half shall be rounded to zero.

6. For existing buildings, only the parking needed for additions thereto or for changes in occupancy which increase parking requirement relative to prior uses shall be required.

7. The parking space requirement may be met by:

a. Providing the required spaces on the site occupied by the use.

b. The director may, by approving an administrative use permit, allow some or all of the parking to be located on a site different from the use. Such off-site parking shall not be within a residential zone. It shall be within reasonable walking distance and no greater than five hundred feet of the use and shall not be separated from the use by any feature that would make pedestrian access inconvenient or hazardous. The site on which the parking is located shall be owned, leased or otherwise controlled by the party controlling the use.

c. Participating in a commonly held and maintained off-site parking lot where other businesses maintain their required spaces.

d. Participating in a parking district that provides parking spaces through a fee or assessment program.

e. Participating in an in-lieu fee program as may be established by the city council. Any parking agreement approved prior to adoption of the parking standards contained in subsections (H)(1) through (3) of this section may be adjusted to conform with those standards, subject to approval by the community development director and city attorney.

f. In order to facilitate housing development in the downtown, the director may reduce the parking requirement for any residential element of a project in the C-D zone by ten percent or one space, whichever is greater. In allowing this reduction, the director may require a vehicle trip reduction plan be submitted for approval and such other conditions deemed necessary to reduce parking demand. Requests for parking reductions greater than ten percent shall be reviewed by the planning commission and shall require a use permit. In granting such additional reduction, the commission must find that the increased demand for parking in the downtown resulting from the project is not significant due to such considerations as the project’s design, location, size or other features. The commission may require a trip reduction plan and other conditions deemed necessary to reduce parking demand.

I. Requirements by Type of Use. Except as otherwise provided in these regulations, for every structure erected or enlarged and for any land or structure devoted to a new use requiring more spaces according to the schedule set out in this section, the indicated minimum number of off-street parking spaces located on the site of the use shall be provided.

The right to occupy and use any premises shall be contingent on preserving the required parking and maintaining its availability to the intended users, including residents, staff, and/or customers. In no case may required parking spaces for a use be rented or leased to off-site uses or used for other purposes.

Parking, in addition to these requirements, may be required as a condition of use permit approval.

J. Uses Not Listed. The director shall determine the parking requirement for uses which are not listed. His/her determination shall be based on similarity to listed uses, and may be appealed to the planning commission.

K. Parking Calculations.

1. The parking requirement is based on the gross floor area of the entire use, unless stated otherwise.

2. When the calculation of required parking results in a fractional number, it shall be rounded to the next highest whole number if the fraction is one-half or more; otherwise it shall be rounded down to the next lowest whole number.

3. Where there has been a reduction in required parking, all resulting spaces must be available for common use and not exclusively assigned to any individual use. In mixed use projects, required residential parking may be reserved, but commercial parking must be made available for guests or overflow from residences.

L. Tandem Parking.

1. For residential uses, when parking spaces are identified for the exclusive use of occupants of a designated dwelling, required spaces may be arranged in tandem (that is, one space behind the other) subject to approval of the community development director. Tandem parking is intended to allow for needed flexibility on constrained lots or where tandem parking is consistent with the existing neighborhood pattern. Tandem parking shall not be used to provide for the conversion of garage spaces.

2. Hotel and Restaurant Projects (New and Existing). Tandem parking may be used for hotel and restaurant development in the downtown commercial (C-D) zone where parking service is provided, subject to the approval of a parking management plan by the public works and community development directors. A parking management plan is a document that outlines how site parking will be regulated and includes provisions to reduce parking demand, including but not limited to availability of transit in close proximity, access to a car share program and access to information regarding alternative transportation programs.

3. Tandem parking may be considered in office development if all of the following requirements are satisfied:

a. With review of the location and design by the architectural review commission, where adequate maneuverability and access arrangements are provided; and

b. When the tandem spaces are set aside for the exclusive use of on-site employees; and

c. Where the total number of tandem spaces does not exceed thirty percent of the total parking provided for projects that require ten vehicle parking spaces or less, and fifteen percent of the total parking provided for projects that require eleven or more vehicle parking spaces; and

d. With the approval of a parking management plan by the public works and community development directors to ensure that proper management and oversight of the use of the proposed tandem spaces will occur.

4. For existing office development where there is a desire to upgrade or modify the parking layout to increase efficiency or better meet standards, and review by the architectural review commission would not be required, the approval of new tandem parking spaces would require the approval of an administrative use permit, where adequate maneuverability and access arrangements are provided.

M. Elderly Housing Parking. Housing occupied exclusively by persons aged sixty-two or older may provide one-half space per dwelling unit or one space per four occupants of a group quarters.

N. Low-Income Housing Parking. Housing occupied exclusively by very low or low-income households, as defined by the state, may provide one car and one bicycle space per dwelling unit.

O. Additions and Changes in Use for Existing Uses or Structures Which Do Not Meet Current Parking Standards.

1. Minor Additions. Minor additions to existing legal structures or uses, which are non conforming because they do not meet current parking standards, may be permitted if they meet the following requirements:

a. The parking spaces required for the addition are provided in conformance with this chapter, in addition to all parking spaces already provided for the existing use or structure; and

b. All existing parking shall be in substantial compliance with parking and driveway standards; and

c. The addition is not more than twenty-five percent of the existing gross floor area or one thousand square feet, whichever is greater; and

d. For residential projects, at least one legally conforming space is provided for each existing unit in addition to all parking required for the addition itself.

2. Larger Additions. Existing legal structures or uses which are nonconforming because they do not meet current parking standards may be expanded more than twenty-five percent of the existing gross floor area or one thousand square feet, subject to the following:

a. All existing parking shall be in substantial compliance with parking and driveway standards; and

b. All required parking for the existing use or structure plus that required for the addition is provided; or an administrative use permit is obtained and parking is provided pursuant to the following chart:

Increase in gross floor area

Parking provided for addition in addition to existing parking

Parking provided for existing use or structure is at least

25 – 49%

100%

50%

50 – 74%

100%

75%

> 75%

100%

100%

For residential projects, at least one legally conforming space is provided for each existing unit, in addition to all parking required for the addition itself.

3. Use Changes. Changes in use, which increase the total parking demand from existing legal uses which are nonconforming because they do not meet current parking requirements, may be permitted so long as the number of spaces equal to the difference between the number required by the previous use and the number required by the new use is provided, in addition to all spaces already provided for the previous use.

 

Table 6: Parking Requirements by Use 

Type of Use

Number of Off-Street Parking Spaces Required

AGRICULTURE

 

Crop production and grazing

No requirement

 

Greenhouse, commercial

No requirement

 

Livestock feed lot

As provided in approved use permit

INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING

 

Bakery, wholesale

Same as Manufacturing – Light

 

Furniture and fixtures manufacturing, cabinet shop

Same as Manufacturing – Light

 

Industrial research and development

One space per 300 square feet office or laboratory area, plus one space per 500 square feet indoor assembly or fabrication area, plus one space per 1,500 square feet outdoor work area or indoor warehouse area

 

Laboratory – Medical, analytical, research, testing

One space per 300 square feet gross floor area

 

Laundry, dry cleaning plant

One space per 500 square feet gross floor area

 

Manufacturing – Heavy

One space per 500 square feet gross floor area

 

Manufacturing – Light

One space per 300 square feet accessory office area plus one space per 300 square feet to 500 square feet manufacturing floor area, to be determined by director according to employment characteristics of each use, plus one per 1,500 square feet outdoor manufacturing area

 

Petroleum product storage and distribution

One space per 300 square feet office area plus one space per 500 square feet indoor storage area plus one space per 2,000 square feet outdoor storage area

 

Photo and film processing lab

One space per 300 square feet gross floor area

 

Printing and publishing

One space per 300 square feet gross floor area

 

Recycling facilities – Collection and processing facility

One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor storage area, but in no case less than 4 spaces

 

Recycling facilities – Scrap and dismantling yard

One space per 500 square feet of gross floor area plus one space per 10,000 square feet outdoor storage area, but in no case less than 4 spaces

 

Recycling facilities – Small collection facility

As provided in approved use permit

 

Storage – Personal storage facility

One space per 300 square feet office area and common indoor facilities and one space for every five storage units that do not have direct drive-up vehicle access

 

Storage yard

One space per 2,000 square feet gross floor area

 

Warehousing, indoor storage

One space per 300 square feet office area plus one space per 1,500 square feet indoor storage area

 

Wholesaling and distribution

One space per 300 square feet office area plus one space per 1,000 square feet indoor sales/storage area, plus one space per 2,000 square feet outdoor sales area

LODGING

 

Bed and breakfast inn

One per room or group of rooms to be occupied as a suite, plus two for resident manager’s quarters

 

Hostel

One space per five beds, plus one for manager. When the hostel is part of a residence: one space per five beds, in addition to two spaces for the residence

 

Hotel, motel

One per room or group of rooms to be occupied as a suite, plus one for resident manager’s quarters, plus eating/assembly area requirements

 

Recreational vehicle (RV) park accessory to hotel, motel

As provided in approved use permit

RECREATION, EDUCATION & PUBLIC ASSEMBLY USES

 

Bar/tavern

One space per 60 square feet of customer use area plus one space per 100 square feet of food preparation area

 

Club, lodge, private meeting hall

One space per 300 square feet office area plus one space per four fixed seats or one space per 40 square feet seating area without fixed seats, in the largest assembly room

 

Commercial recreation facility – Indoor

One space per 300 square feet gross floor area

 

  Bowling alleys

Two spaces per lane plus one space per four seats spectator/eating area

 

Commercial recreation facility – Outdoor

One space per 500 square feet outdoor use area

 

Educational conferences

As provided in approved use permit

 

Fitness/health facility

One space per 300 square feet gross floor area

 

Library, branch facility

As provided in approved use permit

 

Library, museum

One space per 500 square feet storage/display area plus government office and meeting room requirements

 

Night club

One space per 60 square feet floor or outdoor ground area for customer use, including seating and dancing areas, plus one space per 100 square feet food preparation area

 

Off-site wine tasting room

One space per 200 square feet gross floor area

 

Park, playground

One space per 500 square feet

 

Public assembly facility

One space per four fixed seats or one space per 40 square feet of assembly area without fixed seats

 

Religious facility

One space per four fixed seats (one space per 40 square feet seating area without fixed seats) in largest assembly room

 

School – Boarding school, elementary, middle, secondary

As provided in approved use permit

 

School – College, university – Campus

As provided in approved use permit

 

School – College, university – Satellite classroom facility

One space per 50 square feet per classroom floor area

 

School – Elementary, middle, secondary

Two spaces per classroom plus one space per 300 square feet office, assembly or common area

 

School – Specialized education/training

One space per 50 square feet per classroom floor area

 

Special event

One space per 500 square feet or as provided in approved use permit

 

Sports and active recreation facility

One space per 100 square feet of play surface

 

Sports and entertainment assembly facility

As provided in approved use permit

 

Studio – Art, dance, martial arts, music, etc.

One space per 200 square feet gross floor area

 

Theater

One space per four seats

 

Theater – Drive-in

No requirement

RESIDENTIAL USES

 

Boarding/rooming house, dormitory

One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater

 

Caretaker quarters

Two spaces per dwelling

 

Convents and monasteries

One space per five occupants

 

Fraternity, sorority

One space per 1.5 occupants or 1.5 spaces per bedroom, whichever is greater

 

High occupancy residential use

The parking requirement shall be greater of: (1) the number of space required for dwellings, or (2) one off-street parking space per adult occupant, less one

 

Home occupation

See Section 17.08.090

 

Live/work units

Two spaces per unit

 

Mixed use project

Same as Multifamily dwellings

 

Mobile home park

1.5 spaces per unit: one space to be with unit

 

Multifamily dwellings

One per studio apartment; 1.5 for first bedroom plus 0.5 for each additional bedroom in a unit, plus one for each five units in developments of more than five units. Also see parking reduction paragraphs under Section 17.16.060

 

Residential care facilities – 6 or fewer residents

Same as Rest home

 

Residential care facilities – 7 or more residents

Same as Rest home

 

Residential hospice facility

Same as Rest home

 

Rest home

One space per four beds (adult): one space per five juvenile occupants

 

Single-family dwellings

Two spaces per dwelling. In the R-1 and C/OS zones, one space must be covered

 

Work/live units

Two spaces per unit

RETAIL SALES

 

Auto and vehicle sales and rental

One space per 300 square feet office area plus one space per 500 square feet parts sales service area, plus one space per 2,000 square feet outdoor sales area

 

Auto parts sales, with installation

One space per 500 square feet gross floor area

 

Auto parts sales, without installation

One space per 500 square feet gross floor area

 

Bakery, retail

One space per 200 square feet gross floor area

 

Building and landscape materials sales, indoor

One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus one space per 2,000 square feet warehouse area

 

Building and landscape materials sales, outdoor

One space per 300 square feet office area plus one space per 500 square feet indoor sales area plus one space per 2,000 square feet warehouse or outdoor sales area

 

Construction and heavy equipment sales and rental

One space per 300 square feet office area plus one space per 500 square feet parts sales service area plus one space per 2,000 square feet outdoor sales area

 

Convenience store

Two spaces for employee parking, plus one space per 500 square feet of gross floor area and a minimum of five bicycle parking spaces shall be provided per business

 

Extended hour retail

Same as specific type of retail

 

Farm supply and feed store

One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor sales/storage area

 

Florists and photofinishing (retail)

One space per 500 square feet floor area

 

Fuel dealer (propane, etc.)

One per 500 square feet indoor sales/storage area plus one space per 2,000 square feet outdoor sales/storage area

 

Furniture, furnishings, and appliance stores

One space per 500 square feet gross floor area

 

General retail – 2,000 sf or less

One space per 300 square feet gross floor area

 

General retail – More than 2,000 sf, up to 15,000 sf

One space per 300 square feet gross floor area

 

General retail – More than 15,000 sf, up to 45,000 sf

One space per 300 square feet gross floor area

 

General retail – More than 45,000 sf, up to 60,000 sf

A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured multilevel parking is used

 

General retail – More than 60,000 sf, up to 140,000 sf

A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured multilevel parking is used

 

Groceries, specialty foods

One space per 200 square feet gross floor area

 

Liquor store/alcohol sales

One space per 200 square feet gross floor area

 

Mobile home, RV, and boat sales

One space per 300 square feet office area plus one space per 500 square feet parts sales service area, plus one space per 2,000 square feet outdoor sales area

 

Office-supporting retail, 2,000 sf or less

One space per 300 square feet gross floor area

 

Office-supporting retail, more than 2,000 sf, up to 5,000 sf

One space per 300 square feet gross floor area

 

Outdoor temporary and/or seasonal sales

See Section 17.08.020

 

Produce stand

One space per 300 square feet gross floor area

 

Restaurant

One space per 60 square feet customer use area, including waiting, seating, counter service areas and dancing areas, plus one space per 100 square feet food preparation, including counter space, pantry storage and dishwashing areas. Walls, halls, restrooms and dead storage areas do not count as either customer use or food preparation floor area

 

Restaurant with late-hour alcohol service

Same as Restaurant

 

Retail sales and repair of bicycles

One space per 500 square feet floor area

 

Service station (see also Vehicle services)

One space for attendant booth plus two per service bay plus one space per four fuel pumps

 

Warehouse stores – 45,000 sf or less gfa

Minimum one space per 300 square feet gross floor area

 

Warehouse stores – More than 45,000 sf gfa

A maximum of one space per 200 square feet gross floor area, with the exception for more spaces if structured multilevel parking is used

SERVICES – BUSINESS, FINANCIAL & PROFESSIONAL

 

ATMs

No requirement

 

Banks and financial services

One space per 300 square feet gross floor area

 

Business support services

One space per 300 square feet gross floor area

 

Convalescent hospital

Same as Medical service – Extended care

 

Medical service – Clinic, laboratory, urgent care

Medical, dental, and other health services: one per 200 square feet gross floor area

 

Medical service – Doctor office

Medical, dental, and other health services: one per 200 square feet gross floor area

 

Medical service – Extended care

One space per four beds (adult): one space per five juvenile occupants

 

Medical service – Hospital

One space per bed

 

Office – Accessory

As required for principal use

 

Office – Business and service

One space per 300 square feet gross floor area

 

Office – Government

Offices: one per 300 square feet gross floor area. Meeting rooms: one per four fixed seats or one per 40 square feet of seating area without fixed seats

 

  Post offices

One space per 300 square feet office, sorting, customer service area plus one space per 500 square feet bulk handling

 

Office – Processing

One space per 200 square feet gross floor area

 

Office – Production and administrative

One space per 300 square feet gross floor area

 

Office – Professional

Medical, dental and other health services: one per 200 square feet gross floor area. All others: one space per 300 square feet gross floor area

 

Office – Temporary

See Section 17.08.010(C)

 

Photographer, photographic studio

One space per 200 square feet gross floor area

SERVICES – GENERAL

 

Catering service

One space per 100 square feet food preparation area

 

Cemetery, mausoleum, columbarium

One space per 500 square feet of building area

 

Day care – Day care center (child/adult)

Two spaces plus one per 14 clients

 

Day care – Family day care home (small/large)

Small family day care – same as for “Dwellings.” Large family day care – One space plus required residential parking

 

Equipment rental

One space per 300 square feet office area plus one per 500 square feet indoor display/storage plus one per 1,000 square feet outdoor display/storage

 

Food bank/packaged food distribution center

One space per 300 square feet of office plus one space per 1,500 square feet of indoor storage

 

Homeless shelter

Two spaces for the facility plus one space for each six occupants at maximum allowed occupancy

 

Maintenance service, client site services

One space per 300 square feet gross floor area

 

Mortuary, funeral home

One space per four fixed seats or one per 40 square feet assembly area, whichever is greater

 

Personal services

One space per 200 square feet gross floor area

 

Public safety facilities

One space per 500 square feet gross floor area

 

Public utility facilities

One space per 300 square feet office area plus one space per 1,500 square feet warehouse/service area plus space for fleet vehicles

 

Repair service – Equipment, large appliances, etc.

One space per 500 square feet gross floor area

 

Repair services – Small appliances, shoes, etc.

One space per 300 square feet

 

Self service laundry/dry cleaner

One space per each four washers or dryers

 

Service stations

One space for attendant booth plus two per service bay plus one space per four fuel pumps

 

Social service organization

One space per 300 square feet gross floor area

 

Vehicle services – Repair and maintenance – Major

One space per 500 square feet gross floor area

 

Vehicle services – Repair and maintenance – Minor

One space per 500 square feet gross floor area

 

Vehicle services – Carwash

Two spaces plus sufficient waiting line(s) or two spaces plus washing area(s)

 

Veterinary clinic/hospital, boarding, large animal

One space per 500 square feet gross floor area

 

Veterinary clinic/hospital, boarding, small animal, indoor

One space per 300 square feet gross floor area

 

Veterinary clinic/hospital, boarding, small animal, outdoor

One space per 300 square feet gross floor area

TRANSPORTATION & COMMUNICATIONS

 

Airport

To be determined when use permit is approved

 

Ambulance, taxi, and/or limousine dispatch facility

One space per 300 square feet office area plus one space per 1,000 square feet garage/warehouse area

 

  Ambulance services

Three spaces per emergency vehicle

 

Broadcast studio

One space per 300 square feet gross floor area

 

Heliport

As provided in approved use permit

 

Railroad facilities

One space per 300 square feet office or waiting room

 

Transit station or terminal

One space per 300 square feet office/waiting area plus one space per 1,000 square feet house/garage area

 

Truck or freight terminal

One space per 300 square feet office plus one space per 1,000 square feet garage/warehouse area

 

Water and wastewater treatment plants and services

One space per 300 square feet office plus one space per 1,000 square feet warehouse/service area

 

  Water and wastewater treatment plants

As provided in approved use permit

 

Table 6.5: Bicycle Parking Space Requirements
a

Zone

Number of bicycle spaces as a percentage of required auto spacesb

Minimum short-termc bicycle spaces

Minimum long-termd/e bicycle spaces

R-2, R-3, R-4

5%

100%

C-C, C-R, C-N, C‑D

15%

50%

40%

O, BP

15%

10%

80%

C-T

5%

10%

80%

C-S, M

15%

10%

80%

PF (schools, junior high to college)

1 space per 3 students

 

 

Park & ride lots

10%

100%

a. All parking shall be provided on site.

b. Requirements apply to uses that require ten or more vehicle parking spaces. When less than one-half space is calculated, one space is required.

c. Short-term bicycle parking is used by visitors to multifamily housing and by patrons of commercial and institutional uses. Bicycle racks are used to satisfy this need.

d. Long-term bicycle parking is used by employees of commercial and institutional uses and by residents. Fully enclosed lockers are used to satisfy this need. Lockable rooms reserved for bicycle storage and secured parking areas managed by attendants are other acceptable forms. Bicycles shall be parked vertically or horizontally with at least the rear tire resting at floor level.

e. In addition to short- and long-term parking required for commercial uses, residential uses in all zones, including the downtown commercial (C-D) zone, shall provide bicycle lockers or interior space within each dwelling or accessory structure (e.g., garages) for the storage of at least two bicycles per unit regardless of the number of automobile parking spaces provided.

(Ord. 1591 § 9, 2013; Ord. 1578 § 4, 2012; Ord. 1571 §§ 13, 14, 2012; Ord. 1553 §§ 13—16, 2010; Ord. 1528 § 3 Ex. A (part), 2009: Ord. 1500 § 3 (part), 2007; Ord. 1437 § 1 (part), 2003; Ord. 1429 § 3 (part), 2003; Ord. 1422 § 4, 2002; Ord. 1405 § 3 (part), 2001; Ord. 1365 § 3 (part), 2000; Ord. 1346 § 2 (part), 1999; Ord. 1310 § 2, 1996; Ord. 1311 § 2, 1996; Ord. 1265 §§ 2—4 Ex. A, 1994)

17.16.070 Parking and driveway design and exceptions.

A. Parking and driveway design and requirements for permits shall be as provided in the parking standards adopted by council resolution.

B. The director may grant exceptions to the standards subject to appropriate conditions and upon finding that:

1. The exception will not constitute a grant of special privilege inconsistent with the driveway or parking limitations upon other properties in the vicinity;

2. The exception will not adversely affect the health, safety or general welfare of persons working or residing in the vicinity; and

3. The exception is reasonably necessary for the applicant’s full enjoyment of uses permitted upon his/her property. (Ord. 1265 § 2 Ex. A, 1994)

17.16.080 Reserved.

Ord. 1265 § 2 Ex. A, adopted June 21, 1994, repealed former § 17.16.080, relative to fire protection, which derived from Ord. 1006 § 1 (part), 1984; Ord. 941 § 1 (part), 1982: prior code § 9202.5(I).

17.16.090 Screening of outdoor sales and storage.

Screening shall be required for all outdoor sales and storage. Such screening shall consist of a solid fence, wall or mature hedge or other screen planting at least six feet high. The community development director may waive the screening requirement when the use customarily is not screened from public view, such as auto sales or displays at service stations. The community development director may defer the screening requirement where the sales or storage is adjacent to vacant land and where it is not visible from a public street. Such waiver or deferral may be by approval of whatever type of use permit may be required for the use. If no use permit is required, the waiver or deferral shall be in writing and shall set forth the circumstances justifying the action. (Ord. 1265 § 2 Ex. A, 1994)

17.16.100 Reserved.

Ord. 1287, § 1, adopted December 5, 1995, repealed former § 17.16.100, relative to utility services, which derived from Ord. No. § 1265 § 2 Ex. A, 1994.

17.16.110 Satellite dish antenna.

A. Purpose. To establish regulations which regulate the installation of dish-type satellite antennas to help protect public safety and preserve view corridors and neighborhood character.

B. Definition. A satellite dish antenna is a device incorporating a reflective surface that is solid, open mesh, or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia, that is used to transmit and/or receive radio, microwave or other electromagnetic waves between terrestrially and/or orbitally based use.

C. Residential Performance Standards. The installation of dish-type antennas may be permitted in all residential zones, subject to the following criteria:

1. Antenna size: Maximum diameter to be ten feet.

2. Setback: No part of a satellite dish antenna may be located in any required street or other yard. Antennas located outside a street yard setback but between the residence and the street are prohibited.

3. Height: Maximum antenna height to be thirteen feet. All satellite dishes higher than side or rear yard fences shall be screened from neighboring properties. Roof-mounted installations or pole-mounted installations attached to eaves are prohibited except by use permit. Any antenna that may block significant views from neighboring buildings or from public areas shall be subject to architectural review.

4. Number: One dish-type satellite antenna is allowed per site, in addition to normal television and radio antennas.

D. Commercial Performance Standards. The installation of dish-type satellite antennas may be permitted in the office, commercial and industrial zones, subject to the following criteria:

1. Installation shall be subject to architectural review in accordance with the adopted architectural review commission ordinance and guidelines.

2. Installations shall not be permitted within street yard.

3. Installations shall be located so as to minimize visibility from adjoining properties and rights-of-way.

E. Exceptions.

1. Dish-type satellite antenna installations that are less than one meter in diameter are exempt from these regulations unless proposed on a historic building.

2. Dish-type satellite antenna installations that cannot meet the performance standards included in subsections C and D of this section may be considered if an administrative use permit is obtained as outlined by Chapter 17.58. Conditions imposed as part of use permit approval would typically include requirements to minimize the visibility of the installation, including blockage of significant public and private views of hillsides, city vistas, or open space areas. Acceptable techniques to reduce the visibility of dish installations include use of alternative materials (wire mesh instead of solid surface), painting the dish in a subdued or natural color, and landscaped screening.

F. Open Space/Conservation Standards. The installation of dish-type satellite antennas may be permitted in the open space/conservation zone subject to an administrative use permit and subject to an administrative use permit and subject to architectural review in accordance with the adopted ARC ordinance and guidelines.

G. Building Permit Required. All satellite dish installations require issuance of a building permit. This is to ensure that dishes are structurally sound and properly grounded. Plans submitted for a building permit for a roof-mounted or pole-mounted installation require certification by a registered engineer. (Ord. 1528 § 3 Ex. A (part), 2009; Ord. 1265 § 2 Ex. A, 1994)

17.16.120 Wireless telecommunication facilities.

A. Purpose. To establish standards for the development, siting and installation of wireless telecommunication facilities; to protect and promote public health, safety, and welfare; and to preserve view corridors and avoiding adverse visual and environmental impacts. These standards are not intended to be all-inclusive. Projects may be subject to additional standards deemed appropriate through architectural review and use permit processing to address site-specific conditions.

B. Definitions.

1. “Wireless telecommunication facilities” consist of commercial wireless communication systems, including but not limited to cellular, PCS, paging, broadband, data transfer, and any other type of technology that fosters wireless communication through the use of portable electronic devices. A facility includes all supporting structures and associated equipment.

2. “Co-location” is the practice of two or more wireless telecommunication service providers sharing one support structure or building for the location of their antennas and equipment.

3. “Stealthing” means improvements or treatments added to a wireless telecommunication facility which mask or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it effectively unnoticeable to the casual observer.

C. Exempt Facilities. The following wireless telecommunication facilities are exempt from the requirements of this section:

1. Government-owned communication facilities used primarily to protect public health, welfare, and safety.

2. Facilities operated by providers of emergency medical services, including hospital, ambulance, and medical air transportation services, for use in the provision of those services.

3. Satellite dish antennas for residential and commercial use, solely for the use of the occupants of the site, subject to compliance with development standards set forth in Section 17.16.100 et al. of the zoning ordinance.

4. Any facility specifically exempted under federal or state law.

D. Planning Applications and Approvals Required.

1. Installation of a new wireless telecommunication facility or significant modification, as determined by the director, of an existing installation shall require administrative use permit approval and architectural review.

2. The co-location of a new wireless telecommunication facility with an existing approved installation, or minor modification of an existing installation, shall only require architectural review.

3. The applicant shall submit application materials and fees as required by the community development department.

E. Building Permit Required. Wireless communication facilities shall not be constructed, installed or modified prior to obtaining a city building permit.

F. Site Development and Performance Standards.

1. Setbacks. All facility towers and accessory structures shall comply with the setback requirements of the applicable zoning district.

2. Height. The height of any antenna or support equipment shall be determined as part of the use permit on a case-by-case basis. All facilities shall be designed to the minimum necessary functional height.

3. Site Access. Telecommunication facilities should use existing roads and parking whenever possible. New and existing access roads and parking shall be improved and surfaced where necessary to the satisfaction of the community development director.

4. Aesthetics and Visibility. Facilities shall be creatively designed to minimize the visual impact to the greatest extent possible by means of placement, screening and camouflage. The applicant shall use the smallest and least visible antennas possible to accomplish the coverage objectives. Each installation shall be designed to blend into its surroundings so that the antenna(s) and equipment are not apparent to the casual observer.

a. Building-mounted facilities shall appear as an integral part of the structure. Equipment and antennas shall be compatible and in scale with existing architectural elements, building materials and site characteristics. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure. If possible, antennas and equipment shall be located entirely within an existing or newly created architectural feature so as to be effectively unnoticeable.

b. Ground-mounted support equipment shall be undergrounded or otherwise screened from view so as to be effectively unnoticeable.

c. All connections and conduits between the base of the antenna(s) and support equipment shall be undergrounded. Connections and conduit above ground shall be fully enclosed to the satisfaction of the community development director. Electrical and telephone service to the support equipment shall be undergrounded.

d. Ground-mounted antennas, poles, structures, equipment, or other parts of a telecommunication facility which would extend above a ridgeline so as to silhouette against the sky shall be discouraged. Where allowed, they shall be designed to be indistinguishable from the natural surroundings.

5. Lighting. All telecommunication facilities, not otherwise required to have lighting pursuant to Federal Aviation Administration rules, shall be unlit, except when authorized personnel are actually present at night, and except for exempt facilities.

6. Historic Buildings. Any wireless facility located on or adjacent to a historic building or site shall be designed to ensure consistency with the Secretary of Interior standards for remodeling and rehabilitation.

7. Equipment Upgrades. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to modify site equipment in any way. At the time of modification, co-location, or upgrade of facilities, existing equipment shall be replaced with equipment of equal or greater technical capacity and modified to reduce aesthetic impacts by reducing the size of the facility or introducing camouflaging techniques to the satisfaction of the community development director. Unused or obsolete equipment or towers shall be removed from the site within ninety days after their use has ceased.

8. Number of Facilities Per Site. The city shall retain the authority to limit the number of antennas with related equipment and providers to be located at any site and adjacent sites in order to prevent negative visual impacts associated with multiple facilities.

9. Noise. Each facility shall be operated in a manner that minimizes any possible disruption caused by noise to people working and living in the vicinity. At no time shall equipment noise from any source exceed an exterior noise level of fifty-five dB at the property line or within twenty feet of such equipment, whichever is less. This requirement may be modified at the discretion of the community development director where typical ambient noise levels exceed fifty-five dB. Outdoor noise-producing construction activities shall take place only on weekdays between the hours of eight a.m. and five p.m. unless a different schedule is approved as part of the use permit.

10. Backup Generators. Any facility utilizing temporary backup generators shall be required to meet or exceed air pollution control district standards. All generators shall be fitted with approved air pollution control devices. Projects that propose to include backup generators shall require review and approval from the air pollution control district. Project plans shall indicate location, size, horsepower, and type of fuel used for any proposed generator. Generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight a.m. and five p.m.

11. Biological Impacts. Wireless telecommunication facilities shall minimize potential impacts to biological resources to the greatest extent possible.

12. Radio Interference. Interference with municipal radio communication is prohibited. Any telecommunication facility that the city has reason to believe is interfering with municipal radio communication shall cease operation immediately upon notice from the city, and shall be subject to use permit review and possible revocation. Testing shall be done prior to any permanent installation and frequencies shall be monitored at regular intervals after installation established by the use permit, at the expense of the facility owner/operator.

13. Airport Operations. Wireless communication facilities shall not be sited in locations where they will interfere with the operation of the San Luis Obispo Airport. Wireless towers and related facilities within the airport planning area shall be referred to the airport manager or the airport land use commission for a determination of consistency with airport area standards.

14. Radio Frequency and Electromagnetic Exposure.

a. Wireless telecommunication facilities operating alone or in conjunction with other telecommunication facilities shall not produce radio frequency radiation in excess of the standards for permissible human exposure as adopted by the Federal Communications Commission (FCC). Applications for facilities shall include a radio frequency radiation (RFR) report that measures the predicted levels of RF radiation emitted by the proposed facility. The radio frequency radiation report shall compare proposed project levels to levels allowed by the FCC and shall show output of the proposed facility in combination with other facilities located or proposed in the vicinity.

b. The city may require one or more post-construction RFR reports as a condition of project approval, to verify that the actual levels of RFR emitted by the approved facilities, operating alone or in combination with other approved facilities, substantially conform to the pre-approval RFR report and do not exceed current standards for permissible human exposure to RFR as adopted by the FCC.

15. Signs. Explanatory warning signs shall be posted at all access points to cellular telecommunication facilities in compliance with the American National Standards Institute (ANSI) C95.2 color, symbol, and content conventions.

16. Nuisance. Facility generators, mechanical equipment, construction, testing and maintenance shall be operated or performed in such a manner that no nuisance results. At the discretion of the director, upon receipt of written complaints, the use permit allowing a telecommunication facility may be scheduled for public review. At the hearing, conditions of approval may be added, deleted, or modified, or the use permit may be revoked.

17. Interference with Public Services and Facilities. Telecommunication facilities within public parks shall not interfere with park operations or limit public use of park facilities. Installations in conjunction with other public facilities shall be held to a similar standard.

18. City Inspection. The city shall have the right to access facilities after twenty-four hours’ written or verbal notice.

G. Abandonment. It shall be the responsibility of the owner/operator of a telecommunication facility to provide the city with a notice of intent to vacate the site a minimum of thirty days prior to ceasing operation. Any wireless telecommunication facility that is not operated for a continuous period of ninety days shall be removed within ninety days of the date upon which the operation ceased.

H. Revocation of a Permit. Wireless telecommunication service providers shall fully comply with all conditions related to any permit or approval granted under this section. Failure to comply with any condition shall constitute grounds for revocation. If a condition is not remedied within a reasonable period, the community development director may schedule a public hearing before the hearing officer to consider revocation of the permit. (Ord. 1591 § 24, 2013; Ord. 1500 § 3 (part), 2007; Ord. 1438 § 8 (part), 2003; Ord. 1409 § 2 (part), 2002)