Chapter 24.12
COMMUNITY DESIGN

Sections:

Part 1: GENERAL

24.12.010    Purpose.

24.12.020    General provisions.

Part 2: GENERAL SITE DESIGN STANDARDS

24.12.100    Minimum building site.

24.12.110    Setback requirements modifications.

24.12.115    Special street setback requirements for designated streets.

24.12.120    Projections into required yard areas, setbacks and easements.

24.12.125    Landscaping requirement.

24.12.130    Extended storage or parking in yard areas.

24.12.140    Accessory buildings.

24.12.145    Food preparation facility (special purpose).

24.12.150    Height limits modifications.

24.12.160    Fencing and screening.

24.12.170    Overhead transmission lines.

24.12.180    Community housing project requirements.

24.12.190    Outdoor storage, display or sale of merchandise.

24.12.192    Outdoor extension areas.

24.12.195    Live entertainment.

Part 3: OFF-STREET PARKING AND LOADING FACILITIES

24.12.200    Purpose.

24.12.210    General provisions.

24.12.220    Exceptions.

24.12.230    General requirements.

24.12.240    Number of parking spaces required.

24.12.250    Bike parking requirements.

24.12.252    Shower facility requirements.

24.12.260    Reserved.

24.12.270    Miscellaneous requirements.

24.12.280    Design requirements.

24.12.290    Variations to requirements.

24.12.295    Off-street loading facilities.

24.12.296    Effective date.

Part 4: ADVERTISING DEVICES, SIGNS AND BILLBOARDS

24.12.300    Purpose.

24.12.310    Classification and regulation.

24.12.320    Freestanding signs.

24.12.322    Wall signs.

24.12.324    Window signs.

24.12.326    Projecting signs.

24.12.328    Roof signs.

24.12.330    Flags, banners, wind signs.

24.12.332    Canopy signs.

24.12.334    Combination of sign types.

24.12.336    Church and quasi-public organization signs in residential zones.

24.12.338    Signs on benches.

24.12.340    Signs on freeways.

24.12.342    Off-site commercial advertising and billboards.

24.12.344    Prohibited locations.

24.12.350    Special purpose sign regulations.

24.12.360    Performance regulations – Lighting, movement, sound.

24.12.370    Construction and maintenance.

24.12.380    Nonconforming signs.

24.12.390    Sign area tables.

Part 5: HISTORIC PRESERVATION

24.12.400    Purpose.

24.12.410    Historic preservation procedures authorized by this title.

24.12.420    Historic landmark designation/deletion.

24.12.430    Protection of archaeological resources.

24.12.431    Protection of paleontological resources.

24.12.440    Santa Cruz Historic Building Survey.

24.12.445    Variations to regulations for buildings and sites on city Historic Building Survey and contributing buildings within city historic districts.

24.12.450    Findings required for approval of historic variations.

Part 6: MOBILEHOMES

24.12.500    General.

24.12.510    Requirement.

Part 7: ANIMALS

24.12.600    Purpose.

24.12.610    Animals at large.

24.12.620    Domestic animals.

24.12.630    Family farm animals.

24.12.640    Horses, ponies, donkeys, or mules.

24.12.650    Bees (apiaries).

Part 8: UNDERGROUND UTILITIES

24.12.700    General.

24.12.710    Provisions.

24.12.720    Exceptions.

24.12.730    Hardships.

24.12.740    Existing facilities.

Part 9: BED-AND-BREAKFAST INNS

24.12.800    Purpose.

24.12.810    Regulations.

24.12.820    Findings required.

Part 10: SERVICE STATION REGULATIONS

24.12.900    Purpose.

24.12.910    Administration.

24.12.920    Reserved.

24.12.930    Construction/establishment of service stations – New.

24.12.940    Conversion of existing service stations.

24.12.950    Construction/establishment of multipurpose service stations.

Part 11: SINGLE-ROOM OCCUPANCY HOUSING

24.12.1000    Purpose.

24.12.1010    Unit size.

24.12.1020    Private facilities.

24.12.1030    Common facilities.

24.12.1040    Management.

Part 12: ALCOHOLIC BEVERAGE SALES

24.12.1100    Definitions.

24.12.1101    Special use permit requirement for high-risk alcohol outlets.

24.12.1102    Requirements for high-risk alcohol outlets.

24.12.1104    Administrative use permit required for low-risk alcohol outlets.

24.12.1106    Requirements for low-risk alcohol outlets.

24.12.1108    Modification of existing establishments selling alcoholic beverages.

24.12.1110    Existing uses deemed approved.

24.12.1112    Modification, discontinuation or revocation.

24.12.1114    Procedures, notices, hearings, appeals.

24.12.1116    Enforcement.

Part 13: VEHICLE REPAIR IN RESIDENTIAL DISTRICTS

24.12.1200    Vehicle repair allowed.

Part 14: MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES

24.12.1300    Special use permit requirement for medical marijuana provider association dispensaries.

Part 15: WIRELESS TELECOMMUNICATIONS FACILITIES

24.12.1400    Purpose.

24.12.1405    Definitions.

24.12.1410    Applicability.

24.12.1415    Permit requirements and findings.

24.12.1420    Submittals.

24.12.1425    Location standards.

24.12.1430    Preferred antenna siting and mounting techniques.

24.12.1435    General requirements.

24.12.1440    Nonconforming wireless telecommunications facilities.

24.12.1445    Compliance and revocation of approval.

24.12.1450    Change in federal or state regulations.

24.12.1455    Indemnity and liability.

24.12.1460    Review of ordinance.

24.12.1465    Severability.

Part 16: SMALL OWNERSHIP UNIT HOUSING

24.12.1500    Purpose.

24.12.1510    Definition.

24.12.1520    Development standards.

24.12.1530    Covenants, conditions, and restrictions.

Part 17: EMERGENCY SHELTERS

24.12.1600    Purpose.

24.12.1610    Definition.

24.12.1620    Development standards.

Part 1: GENERAL

24.12.010 PURPOSE.

The purpose of this chapter is to set forth the general requirements applicable to the development and occupancy of all lands within each of the zoning districts, and to establish the nature and the limitations of exceptions which modify the provisions of this title. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 58, 1994: Ord. 85-05 § 1 (part), 1985).

24.12.020 GENERAL PROVISIONS.

All uses developed in any zoning district shall be designed to abate or control any dangerous or objectionable conditions. All uses developed in any zoning district shall be so designed as to be consistent with the policies, objectives and land use programs of the General Plan and the principles, standards, proposals, objectives and policies as contained in the area plans, required elements or other permitted elements of the General Plan and the Local Coastal Program.

(Ord. 85-05 § 1 (part), 1985).

Part 2: GENERAL SITE DESIGN STANDARDS

24.12.100 MINIMUM BUILDING SITE.

Each building site in each zoning district shall be planned and arranged so as to occupy only that portion of a lot not otherwise required as a yard, setback, easement, right-of-way, or other legally established open space; except, that where all other provisions of this title are met, a building site may be established in airspace when created through an approval of a community housing project.

1.    Lot Area Measurement.

a.    For purposes of measuring and calculating lot size and area, public and private easements contained within the lot lines, other than street or alley easements, may be included.

b.    For purposes of determining net lot area, only contiguous land with less than a thirty-percent slope and not within a Floodplain (F-P) District or within a riparian corridor, as defined in Section 24.08.2110(2)(g), shall be considered.

c.    In any zoning district where no public sanitary sewer is accessible, no lot shall have an area less than that prescribed by the Santa Cruz County health department.

2.    Frontage Requirement. The construction, erection, conversion, establishment, alteration, or enlargement of any structure on any real property is hereby prohibited and declared unlawful, unless the said real property shall have a frontage opn a street improved to the standards of the city of Santa Cruz; or upon a publicly owned parking facility, plaza, mall, or wharf; or upon such other public access facility as may be provided in connection with an approved development plan.

(Ord. 2008-03 § 2 (part), 2008: Ord. 2006-02 § 3 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.12.110 SETBACK REQUIREMENTS MODIFICATIONS.

1.    Front Yards.

a.    Where twenty-five percent or more of the lots fronting on any block in the same zone (exclusive of the frontage along the side of a corner lot) have been improved with buildings permitted in said zone and the depth of the front yards on such lots varies not more than ten feet, then the front yard depth required on any lot in said block shall be not less than the median depth of the front yards on the lots on which are located such existing buildings; or

b.    In any district where the two adjacent lots on either side of a parcel, neither of which is a corner lot and each of which is in the same zone as the center lot, are already improved with uses permitted in the zone, and the average of the front yards of such adjoining lots is less than that required for the zone, then the required front yard depth for the center lot shall not be less than half the sum of between the front yard setbacks of the two adjoining lots.

2.    Corner Lot Yards.

a.    Where, on a corner lot, an exterior side yard abuts a front yard of an adjoining lot in an R- District, the corner lot exterior side yard shall have a width of not less than one-half of the required depth of such adjacent front yard.

b.    Each corner lot should have one front yard, two side yards, and one rear yard of the depth required by this title. Normally the front yard shall be across the narrow dimension of the lot and the rear yard opposite this; in unusual cases, however, the location and the relationship of such yards to abutting streets and to each other may be determined by the zoning administrator.

c.    In any zoning district in which a minimum front yard is established, no obstruction to view between three and one-half feet, and eight feet above grade shall be placed within the clear corner triangle as defined in this title.

3.    Double-Frontage Yards. The width of required interior side yard or required rear yard may be reduced or waived when such interior side yard or rear yard abuts an alley or a street (e.g., double-frontage lot), freeway, stream, public utility right-of-way, coastline or other similar feature which precludes or inhibits construction on or development of the property.

4.    Lots of Record – Required Yards. In any district for which a minimum lot area is established, a lot of record, as defined in this title, having less than the required area and/or width and/or depth may be used for a use permitted in the district, except as provided in Section 24.10.351.

a.    In any district or for any use where side yards are required, the minimum side yard width shall be four feet or ten percent of the lot width, whichever is greater, for the first story only. Beyond the first story, the standard side yard setback established in the specific district regulations shall apply.

b.    In any district or for any use where a rear yard is required, the depth of the rear yard of any such lot shall be ten feet or twenty percent of the depth of the lot, whichever is greater.

c.    A single-family dwelling may be constructed on any lot of record, subject to Section 24.10.351. For residential districts other than single-family, the district requirements for minimum lot and land area per dwelling unit shall apply, except as modified by the density bonus provisions of this title.

(Ord. 91-14 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.12.115 SPECIAL STREET SETBACK REQUIREMENTS FOR DESIGNATED STREETS.

1.    General, buildings or other structures erected or located within the city of Santa Cruz shall be set back from a uniform baseline, which is hereby established for each of the principal street classifications of the city of Santa Cruz, in order to serve the public interest, convenience and safety. Setback requirements of each zoning district shall be in addition to special street setbacks.

2.    Unlawful Erection of Buildings in Setback Zones. No building permit shall be issued for the construction or erection of any building or structure within special street setbacks or any required setback except as set forth in this title.

3.    Uses Subject to Special Review. Greater setbacks than those set forth herein may be required where special conditions exist.

4.    Secondary Streets. A secondary street is any public street with a fifty-two-foot right-of-way and twenty-six-foot baseline. The baseline for measuring the required setback for all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and twenty-six feet from the centerline of the following designated streets:

Bay Drive:

From the southerly line of High Street to the southerly line of Escalona Drive.

Bay Street:

From the southerly line of Escalona Drive to the easterly line of California Street;

From the easterly line of California Street to the westerly line of West Cliff Drive.

Chestnut Street:

From the southerly line of Locust Street to the northerly line of Laurel Street.

Delaware Avenue:

From the westerly line of Laguna Street to the westerly extremity of Delaware Avenue.

Elk Street:

From the northerly line of Goss Street to the northerly line of Rooney Street.

Goss Street:

From the easterly line of Market Street to the westerly line of Elk Street.

Graham Hill Road:

From the easterly line of Ocean Street to the northerly city limits line.

High Street:

From the easterly line of Bay Street to the easterly line of Highland Avenue.

From the easterly line of Bay Street to the western city limits line.

Laguna Street:

From the northerly line of Santa Cruz Street to the southerly line of Bay Street.

Laurel Street:

From the southerly line of Mission Street to the westerly line of Front Street.

Laurent Street:

From the southerly line of High Street to the westerly line of Escalona Drive.

Meder Street:

From the westerly line of Bay Street to the westerly extremity of Meder Street.

Mission Street:

From the easterly line of Chestnut Street Extension to the westerly line of Pacific Avenue.

Murray Street:

From the easterly line of East Cliff Drive to the westerly line of Seabright Avenue.

Pine Street:

From the southerly line of Soquel Avenue to the northerly line of Buena Vista Avenue.

Prospect Heights:

From the easterly line of Park Way to the westerly line of Brookwood Drive.

San Lorenzo Boulevard, 3202:

From the southerly line of Barson Street to the westerly line of Bixby Street.

Seabright Avenue:

From the southerly line of Soquel Avenue to the northerly line of Murray Street.

Walnut Avenue:

From the easterly line of Mission Street to the westerly end of Lincoln Street.

Washington Street:

From the southerly line of Laurel Street to the westerly line of Front Street.

5.    Major Streets. A major street is a public street with an eighty-four-foot right-of-way and forty-two-foot baseline. The base line for measuring the required setback from all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and forty-two feet from the centerline of the following designated streets:

Ocean Street:

From the northerly line of Pryce Street to the northerly line of Graham Hill Road;

From the southerly line of Soquel Avenue to the northerly line of East Cliff Drive.

River Street:

From the northerly city limits line to the westerly line of North Pacific Avenue.

6.    Industrial Streets. An industrial street is a public street with a sixty-foot right-of-way and thirty-foot baseline. The baseline for measuring the required setback for all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and thirty feet from the centerline of the following designated streets:

Coral Street:

From the westerly line of River Street to the northerly line of Evergreen Street.

Encinal Street:

From the Southern Pacific Railroad right-of-way to the westerly line of Dubois Street.

Evergreen Street:

From the easterly line of Coral Street to the easterly line of Harvey West Park.

Mission Street:

From a point nine hundred eighty feet east of the easterly line of Natural Bridges to the westerly extremity of Mission Street.

(Ord. 2002-17 § 1 (part), 2002: Ord. 85-05 § 1 (part), 1985).

24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS, SETBACKS AND EASEMENTS.

1.    Projections Into Required Yard Areas. The following are permitted projections into required yard areas. Projections shall not be permitted in yards that are less than the minimum established by district regulations except as provided for in Section 24.12.120, subsection (2).

a.    Architectural features such as cornices, canopies, eaves and sills shall be permitted to project into front, rear and sideyards two and one-half feet;

b.    Steps serving the first floor, and bay windows, chimneys, decks, and porches serving the first floor and above may extend into front, rear and exterior sideyards one-half of the required yard or six feet, whichever results in a greater setback. For interior sideyards, maximum projection is one foot, eight inches unless the projection meets the requirements of Section 24.12.120, subsection (1)(c).

Bay window, deck, porch and step projections are permissible in interior sideyards on the first floor only.

In all cases, no projection or aggregate of projections listed in this subsection shall be more than one-third of the building wall along which it is located;

c.    Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior sideyards without restriction;

d.    Guardrails on decks and porches and handrails on stairs projecting into required yards on the first floor shall be considered fences and shall be governed by Section 24.12.160, with the exception of guardrails and/or handrails required for access to the first floor for the physically challenged.

2.    Any structure necessary to provide access to the first floor for the physically challenged.

3.    Projections into Special Street Setbacks. The following uses are permitted within the special street setbacks established in Section 24.12.115 herein.

a.    Streetlights, traffic signs and signals and appurtenances necessary to the conduct or operation of a public utility, facility, or purpose;

b.    Fences, walks, hedges, landscaping, outdoor merchandise display, platforms, landings, steps and signs, when constructed or installed so as to have a maximum height of two and one-half feet above curb grade, except as provided for in Section 24.12.120, subsection (3)(d);

c.    Unenclosed porches, cornices, canopies, eaves, and similar architectural features and signs when constructed so that the clearance from curb grade to the lowest portion thereof, except supporting members, is at least eight feet; and further provided that no supporting member shall have a cross-section of greater than eight inches, nor be located closer than six feet to another supporting member within the setback area;

d.    Any structure necessary to provide access to the first floor for the physically challenged.

4.    Projections into Easements. No structure or projection thereof may extend into a public utility easement.

(Ord. 92-17 § 1, 1992; Ord. 92-01 § 1, 1992; Ord. 91-13 § 3, 1991; Ord. 88-52 § 1, 1988; Ord. 88-19 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.12.125 LANDSCAPING REQUIREMENT.

In all districts where yards are required, all portions of each front and exterior sideyard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained.

(Ord. 85-05 § 1 (part), 1985).

24.12.130 EXTENDED STORAGE OR PARKING IN YARD AREAS.

1.    General. The extended parking or storage of vehicles, trailers, airplanes, boats, building materials or the like, within the front and exterior side yard creates a fire hazard; constitutes a nuisance per se; constitutes an attractive nuisance to children; may create a traffic hazard by obscuring vision of cross traffic at corners; may cut off light and air from adjacent buildings; and detracts from the attractiveness of the city and lowers property values therein, defeats the purposes of this title and does not conform with the intent and purpose of the General Plan.

2.    Parking and Storage Prohibited. No motor vehicle, mobilehome, trailer, airplane, boat, parts of any of the foregoing, or the like or building materials or discarded or salvaged materials shall be parked or stored in any front or exterior side yard for more than forty-eight consecutive hours. This regulation shall not apply to:

(i)    Building materials for use on the premises and stored therein during the time a valid building permit is in effect for construction on the premises; nor to

(ii)    Motor vehicles in fully assembled condition when parked on a paved surface.

(Ord. 85-05 § 1 (part), 1985).

24.12.140 ACCESSORY BUILDINGS.

1.    No setback shall be required for an accessory building except as otherwise provided.

2.    No accessory building shall be located in a front or exterior side yard. A garage may not be located closer than twenty feet from front or exterior side yard lot lines; except that a garage may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet more above or below the established street elevation.

3.    Only accessory buildings exceeding one hundred twenty square feet in projected roof area need conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10.

4.    Habitable accessory buildings shall not be located within the front yard nor closer than ten feet to the nearest point of the principal building; and shall conform to principal building rear and side yard requirements of the district in which located.

a.    No accessory buildings shall be used as living quarters unless used for nonpaying guests (guesthouses).

5.    Accessory buildings may not cover an area in excess of thirty percent of any required yard area.

6.    An accessory building attached to a main building by a breezeway is not part of the main building.

7.    An accessory building may have up to three plumbing fixtures as long as a bathing facility and toilet are not included in combination within the structure, as long as the findings listed in subsection 8 of this section are followed and a building permit is obtained for the plumbing facilities.

8.    Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit and design permit are approved in accordance with district regulations and all of the following findings are made.

a.    The structure and use are subordinate to the principal use; and

b.    The purpose of the use is incidental to the principal use; and

c.    The use is customarily appurtenant to the permitted use; and

d.    The structure will not be used as a dwelling unit except as set forth in Chapter 24.16, Part 2, Accessory Dwelling Units; and

e.    A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city.

(Ord. 94-34 § 15, 1994: Ord. 88-60 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.12.145 FOOD PREPARATION FACILITY (SPECIAL PURPOSE).

1.    A special purpose food preparation facility may be permitted with an administrative use permit upon the following findings:

a.    The applicant has demonstrated a need for a special purpose food preparation facility. Such need cannot be adequately served by the domestic food preparation facility.

b.    The design of the facility, in its relationship to the internal floor plan of the dwelling, will not lead to the establishment of a separate dwelling unit.

c.    The facility will be removed when the special purpose is no longer required.

d.    The applicant has agreed to record a deed restriction limiting the use of the food preparation facility to a special purpose.

(Ord. 88-51 § 4, 1988).

24.12.150 HEIGHT LIMITS MODIFICATIONS.

1.    The height limitations specified in this title shall not apply to the following uses:

a.    Church spires, belfries, domes;

b.    Water, fire observation, and lifeguard towers, chimneys, aids to navigation;

c.    Buildings and structures intended for agricultural purposes;

d.    Fire walls, not extending more than four feet above the height of the building;

e.    Cupolas, scenery lofts, or other roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building.

2.    The height limitations specified in this title may be exceeded for the following uses, subject to a special use permit:

a.    Smokestacks, monuments, flagpoles;

b.    Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters;

c.    Antennas for radio broadcast and receiving, electric power transmission and distribution lines, poles and towers;

d.    Wireless telecommunications facilities;

e.    Places of public assembly such as churches, schools, and other permitted public and semipublic buildings, the principal activities of which are conducted on the ground floor of such buildings; provided, that for each foot by which the height of such buildings exceed the maximum height permitted, the depth or width of the required side and rear yards shall be increased by one foot.

(Ord. 2004-27 § 17, 2004: Ord. 85-05 § 1 (part), 1985).

24.12.160 FENCING AND SCREENING.

1.    Fencing. Regulations governing the installation, construction and placement of fences and structures in the nature of fences which exceed height limitations contained herein are set forth in Chapter 24.08, Part 7, Conditional Fence Permit.

a.    Height Limitations. No person shall erect upon any private property in the city any fence, or structure in the nature of a fence, exceeding the following height limitations:

(1)    On that portion of any private property in the area between the street and the front or the exterior side yard setback line established by this title, Chapter 18.04 of this code or other ordinances of the city, fences shall not exceed a height of three feet, six inches from finished grade, except as provided in Chapter 24.08, Part 7;

(2)    On that portion of the property back of the setback lines, described under subsection (1)(a)(1) of this section, fences shall not exceed a height of six feet from finished grade, except as provided in Chapter 24.08, Part 7;

(3)    Any fence along a property line adjacent to a street, or in the adjacent required setback, except in the clear corner triangle, may include a gate, trellis or other entry feature exceeding the height limit stated in subsections (1)(a)(1) and (2) of this section. Such gate, trellis or entry feature shall be limited to ten feet in width and ten feet in height. Only one such gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.

b.    Fire Hazard. The erection of any fence which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, or which will interfere with access in case of fire, by the fire department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians shall not be permitted.

c.    Temporary Fences – Exceptions. Nothing contained in this title shall be deemed to interfere with the erection of temporary fences around construction works, erected or maintained pursuant to Chapter 18.04 of this code and other ordinances of the city.

d.    Barbed-Wire Fencing. No barbed-wire fences may be constructed, electrified or otherwise, without a conditional fence permit.

e.    Hedges. Hedges or dense planting in the nature of a hedge shall not be grown or maintained on that portion of any private property in the area between the street and the front or the exterior side yard setback line established by this title, Chapter 18.04 of this code, or other ordinances of the city to a height in excess of three feet, six inches.

f.    Clear Corner Triangles and Clear Vision Areas. Fences or hedges shall not be greater than, nor allowed to exceed, three feet, six inches in height in the clear corner triangle and the clear vision area as defined herein.

g.    Fences within Watercourse Setback Areas. Fencing within a designated riparian corridor or development setback area of a watercourse shall be consistent with requirements of the watercourse development permit, Section 24.08.2150.

2.    Screening.

a.    In any nonresidential district adjacent to any R- District, screening between districts shall be provided.

b.    All areas of outdoor storage in any commercial or industrial district shall be permanently screened from view from any adjacent street, public way or adjacent private property.

(Ord. 2008-03 § 2 (part), 2008: Ord. 2006-02 § 3 (part), 2006: Ord. 95-33 § 2, 1995: Ord. 91-13 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.12.170 OVERHEAD TRANSMISSION LINES.

The routes of proposed electric overhead transmission lines of sixty kV or greater capacity shall be submitted to the planning commission for review and approval or conditional approval prior to the acquisition of the rights-of-way therefor.

(Ord. 85-05 § 1 (part), 1985).

24.12.180 COMMUNITY HOUSING PROJECT REQUIREMENTS.

1.    Separate Utilities. A community housing project shall provide for independent services of water, sewer, gas and electricity to each dwelling unit. Separate meters are not required.

2.    Off-Street Parking. A community housing project shall provide off-street parking as required by Part 3 of this chapter.

In addition, a community housing project shall provide one additional parking space for each four dwelling units within the project.

3.    Private Open Space. A community housing project shall provide a minimum of one hundred square feet of private open space for each dwelling unit located in such a manner as to be immediately accessible to each dwelling unit.

4.    Storage Area. A community housing project shall provide a minimum of two hundred cubic feet of enclosed storage space within the project capable of being secured by lock or other means for each unit, in addition to kitchen cupboards, clothes and linen closets.

(Ord. 85-05 § 1 (part), 1985).

24.12.190 OUTDOOR STORAGE, DISPLAY OR SALE OF MERCHANDISE.

All merchandise storage, display or sales areas shall be wholly within a completely enclosed building or structure or shall be screened so as not to be visible from an adjacent public street or publicly operated parking lot; except that the area within a completely roofed street alcove or entryway may be utilized for merchandise display; provided, that such merchandise is displayed inside the line of the building face and does not present a hazard to pedestrians or encroach on a required building exit.

1.    Exceptions. The following outdoor sales and commercial activities shall not be subject to the provisions of this section:

a.    Automobiles, boat, trailer, camper, motorcycle, and motor-driven vehicle sales and rentals;

b.    Building material and supplies areas in the I-G District;

c.    Fish markets and beach, surfing, and fishing equipment in the C-B and OF-R Districts;

d.    Fruit and vegetable stands;

e.    Horticultural nurseries;

f.    Vending machines, when located in service stations, motels and other drive-in businesses;

g.    Gasoline pumps, oil racks and accessory items when located on pump islands;

h.    Vending carts and stands;

i.    Activities similar to the above, as determined by the zoning administrator;

j.    Parking lot sales not to exceed three days during any six-month period;

k.    Sidewalk sales, when sponsored by business or civic organizations, not to exceed three days during any six-month period;

l.    Garage sales when conducted on residentially used property, for a period not to exceed three days during any six-month period;

m.    Sidewalk cafes on private property, subject to approval of an administrative use permit;

n.    Outdoor extension areas for commercial uses, including outdoor sidewalk cafes or retail areas on public property, subject to approval of an administrative use permit and a revocable license per Section 24.12.192;

o.    Temporary circus or carnival activities, subject to approval of an administrative use permit;

p.    Cut flowers.

(Ord. 2012-06 § 4 (part), 2012: Ord. 85-05 § 1 (part), 1985).

24.12.192 OUTDOOR EXTENSION AREAS.*

The purpose of outdoor extension areas is to enhance streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the public street. These uses include outdoor eating areas, retail areas and landscaping. In this section the term “adjacent business” shall apply to the business using the extension area. If the sidewalk width allows it, the adjacent business may be separated from the extension area by the public walkway. This section is applicable citywide, except for areas within the Downtown Recovery Plan which are subject to Section 24.10.2340.

1.    Administrative Use Permit and Revocable License. No person shall use an extension area unless an administrative use permit and revocable license are obtained pursuant to this part.

2.    Outdoor Extension Area Application. Application for an outdoor extension area shall be made jointly by the property owner and the business operator of the business located on the property adjacent to the extension area, and shall be filed with the planning department on the appropriate application form, accompanied with the following information:

a.    Name and address of the property owner and business operator. Both parties and/or their authorized representatives shall sign the application.

b.    The expiration date of the business license of the business intending to operate the extension area.

c.    A drawing showing the extension area in its relationship to the building, sidewalk and street, for the extension area and thirty feet along the sidewalk in either direction. The drawing shall show dimensions of the extension area, locating doorways and access points, show width of sidewalk (distance from curb to building face and property line), existing and projected pedestrian traffic movements, location of utilities that might affect or be affected by the application proposal, parking meters, bus stops, benches, trees, landscaping, trash receptacles and other street furniture, or any other potential sidewalk obstruction. The drawing of the extension area shall show its intended use, any furniture or display stands, fixtures, signs, canopies and other overhead appurtenances, landscaping and planters, trash receptacles, and any other matter to be placed in the area.

3.    Location and Design Requirements.

a.    The extension area for cafes shall project no more than ten feet from the property line into the public right-of-way, and in no case shall a cafe extension area result in an unobstructed public walkway of less than six feet.

b.    The elevation of the extension area shall be the same as the public sidewalk, and shall meet ADA accessibility standards outlined below.

c.    No permanent structures will be allowed within the public right-of-way, with the exception of ADA complying barriers.

d.    If a separation between the cafe and the public walkway is desired this shall be achieved through low planters or fencing; the maximum height of such planters (including the planting) shall be no more than four feet in order to maintain the public view of the extension area. Wind block types of clear fencing can exceed four feet.

e.    A canvas awning will be permitted to extend over the full depth of the cafe extension area; no columns or supporting poles will be permitted within the public right-of-way.

f.    The use of removable umbrellas within sidewalk extension areas is also encouraged; provided, that seven feet of clearance is provided from the sidewalk.

g.    Removable wind screens that are of a transparent material and that are an integral part of the planter may be permitted to extend the seasonal use of the cafe area. Such screens shall not exceed a height of six feet and shall be separated from the awning to provide for air movement.

h.    Extension areas that include a “take-out” or service window shall submit a management plan that includes specifics on outdoor trash collection and disposal, security and customer queuing. The management plan will include designated staffing and will be designed to ensure that the site is kept clean, trash is managed, that the outdoor area is attractive and that customer queuing does not impede access to the sidewalk.

4.    Conditions of Approval. The administrative use permit and revocable license may be conditioned to achieve the purpose of this part. In addition to any other appropriate conditions, standard conditions shall include:

a.    The approval for this use shall be issued to the operator of the adjacent business, and shall not be transferable.

b.    The extension area shall be permitted only in conjunction with the establishment which is operating in the adjacent building and to which the extension area is appurtenant.

c.    The applicant shall notify the planning department and police department at least three working days in advance of the date work is to begin to establish the outdoor use.

d.    The applicant shall take actions to assure that the use of the extension area in no way interferes with pedestrians or limits their free and unobstructed passage.

e.    The extension area and all its contents shall at all times be maintained in a clean and attractive condition; all landscaping and planting shall be maintained in a presentable and healthy condition.

f.    The extension area shall be operated in conformance with the hours specified in the approval.

g.    The extension area shall be operated in conformance with any applicable city, county or state laws.

h.    Use of the extension area is approved for an indefinite term, except as it may be limited as a condition of the approval, but shall be subject to termination at any time on thirty days’ prior written notice upon a determination by the city that the public interest requires vacating the extension area, or as provided in Section 24.10.2340(4)(g).

i.    The licensee shall meet the liability and insurance requirements of the city’s risk manager. A certificate of insurance shall be furnished to the city prior to the use of an extension area.

5.    Denial, Revocation or Suspension of License. The zoning administrator may deny, revoke, or suspend a license for use of an extension area if it is found:

a.    That the provisions of this part or conditions of approval have been violated; or

b.    Any necessary health permit has been suspended, revoked or canceled; or

c.    The licensee does not meet the insurance requirements of the license; or

d.    The city determines that the public interest requires vacating the extension area.

(Ord. 2012-06 § 4 (part), 2012).

*    Code reviser’s note: Ord. 2012-06 adds this section as 24.12.200. It has been editorially renumbered to avoid duplication of numbering.

24.12.195 LIVE ENTERTAINMENT.

1.    Live entertainment is considered incidental to the primary use where the indoor stage/performance area does not exceed 80 square feet and customer dancing does not occur. Incidental live entertainment is a permitted use with the following uses:

a.    Eating and drinking establishments (including fast food restaurant) (280).

b.    Specialty retail stores such as coffee houses, music and book stores (290E and 290G).

c.    Any other commercial use determined by the Zoning Administrator as not impacting adjacent properties.

2.    Incidental live entertainment shall be reviewed and approved by the Police Department through an Entertainment Permit prior to commencement.

3.    If incidental live entertainment violates any provision of this title or Chapter 5.44, the Zoning Administrator may order that the said entertainment immediately be stopped as per Section 24.04.221.

4.    Where the indoor stage/performance area exceeds 80 square feet and/or customer dancing is provided the primary use shall be classified as a nightclub/music hall (630).

5.    Any outdoor live entertainment on private property not exceeding three consecutive days or five days a year may be allowed by the Police Department through the sound permit requirements of the Municipal Code. Any outdoor live entertainment exceeding the above days shall be reviewed through an administrative use permit except where otherwise stated.

6.    All live entertainment shall comply with the noise requirements of Section 24.14.260 and all applicable building and fire regulations.

(Ord. 2005-30 § 14, 2005).

Part 3: OFF-STREET PARKING AND LOADING FACILITIES*

*    Editor’s Note: This part was originally adopted as a part of the underlying zoning ordinance, Ord. 85-05. It was revised in its entirety by Ord. 85-46, adopted 5-25-85, effective as of 6-27-85.

24.12.200 PURPOSE.

The purpose of the regulations contained herein is to reduce street congestion and traffic hazards and to add to the safety and convenience of citizens, by providing adequate, attractively designed, and functional facilities for off-street parking and loading as an integral part of every use of land in the city. A further purpose is to promote non-auto transportation and transportation/parking management. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 94-33 § 59, 1994: Ord. 85-46 § 1 (part), 1985).

24.12.210 GENERAL PROVISIONS.

At the time any building or structure is constructed, erected or modified, or a use established, there shall be provided on the same site, for the use of the occupants, guests, clients, customers or visitors thereof, off-street parking spaces for vehicles in accordance with the requirements herein. Alternatives in lieu of or in addition to parking may be required.

(Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.220 EXCEPTIONS.

Off-street parking and loading requirements set forth in this part shall not apply to agricultural uses.

(Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.230 GENERAL REQUIREMENTS.

A design permit is required for a new facility or an existing facility proposed for modification, containing five or more spaces.

(Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

Where the computation of required parking spaces produces a fractional result, fractions of one-half or greater shall require one full parking space.

 

Use

Spaces Required

a.

Automobile or machinery sales and service garages

1 for each 400 square feet floor area

b.

Banks without automatic teller machines

1 for each 400 square feet floor area

c.

Banks with automatic teller machines

1 for each 400 square feet floor area; plus 1.5 for each machine

d.

Business and professional offices, excluding medical and dental offices

1 for each 300 square feet floor area

e.

Billiard parlors

1.5 for each table

f.

Boarding homes for the aged

1 for each 5 beds, plus 1 for each employee

g.

Children’s homes

1 for each 5 beds, plus 1 for each employee

h.

Houses of worship

1 for each 3.5 seats in the sanctuary

i.

Dancehalls and assembly halls without fixed seats, exhibition halls, except church assembly rooms in conjunction with auditoriums

1 for each 3 persons of design occupancy load

j.

Family daycare and foster family homes

1 for every 5 guests, plus 1 for the resident owner or manager

k.

Funeral homes, mortuaries

1 for each 5 seats of the aggregate number of seats provided in all assembly rooms

l.

Furniture and appliance stores, household equipment

1 for each 800 square feet of sales floor area

m.

Community care residential facilities

1 for each 5 guests, plus 1 for the manager, plus 1 for each employee on the shift with the maximum number of personnel

n.

Hospitals

1 for each bed, plus 1 for each employee on the shift with the maximum number of personnel

o.

Hotels, motels

1 for each unit intended for separate occupancy, plus 1 for the resident owner or manager

p.

Institutions for the aged

1 for every 5 guests, plus 1 for each employee on the shift with the maximum number of personnel

q.

Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair

1 for each 500 square feet of floor area

r.

Medical and dental clinics and offices

1 for each 200 square feet of floor area

s.

Medical (or convalescent) hospitals

1 for each 5 beds, plus 1 for each employee on the shift with the maximum number of personnel

t.

Nursing homes

1 for every 5 guests, plus 1 for the resident manager, plus 1 for each employee on the shift with the maximum number of personnel

u.

Physical fitness facilities

 

 

Multi-program:

1 space for each 100 square feet of floor area

 

Single-program:

 

 

• aerobics:

1 space for each 50 square feet of floor area

 

• basketball; volleyball:

1 space for each 3 persons of occupancy

 

• lap pool:

2 spaces per lane plus 1 space for each 300 square feet of non-pool floor area

 

• weightlifting:

1 space for each 250 feet of floor area

 

Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces

 

v.

Physical therapy

1 space per 200 square feet of floor area. In addition, 1 space per 50 square feet of pool (water) area

w.

Residential Uses

 

 

Number of Bedrooms

 

Type

Efficiency

1

2

3

4 or more

 

Single-family* (including townhouses)

1.0

1.0

2.0

2.0

3 + 1 for ea. addl. bedroom

 

Houseboat, duplex, triplex, multiple mobilehome

1.0

1.5

2.0

2.0

3 + 0.5 for ea. addl. bedroom

 

Lodging, rooming houses and bed-and-breakfast inns

 

2 spaces, plus 1 for each bedroom

 

Residence halls, dormitories

0.75 space for each guest or occupant

 

Senior housing development

 

1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the required off-street parking for apartments, not including required open space, which could be converted to parking should the retirement center change to a multifamily residential use

 

Small ownership unit (SOU)

 

1 space for each dwelling unit

 

Single-room occupancy dwelling unit, less than 300 square feet**

 

0.75 for each dwelling unit

 

Single-room occupancy dwelling unit, 300 square feet or more**

 

1 for each dwelling unit

 

Accessory dwelling unit***

 

1 parking space, covered or uncovered, shall be provided on site for each bedroom in addition to the required parking for the primary residence

 

Community housing projects

 

In addition to meeting above residential parking requirements, 1 additional parking space for each 4 dwelling units shall be provided

 

Covered Parking. At least 1 of the required parking spaces for each dwelling unit shall be covered, within a carport or a garage unless otherwise specified within Title 24. Each standard-size parking space required to be located in a garage or carport for a residential unit shall be not less than 19 feet in length by 8.5 feet in width.

 

Covered Parking Exception. Mixed-use projects are not required to provide covered parking if the project is one contiguous parcel or a vertical development.

Other Exceptions. Exceptions to parking requirements may be granted to publicly subsidized units where such requirements are in conflict with state or federal regulations or funding policies.

 

Notes

* Tandem parking may be utilized for the required uncovered parking spaces pursuant to Section 24.12.280(4).

 

** (1) SRO parking requirements may be reduced by 0.25 spaces for each dwelling unit at the discretion of the approving authority if the project is either located:

 

a) Within 0.25 mile or 1,320 feet of an alternative parking facility and spaces are available and can be committed to residents; or

 

b) Within 0.25 mile or 1,320 feet of access to public transportation such as a bus stop and a grocery store.

 

(2) Parking requirements may be further reduced by 0.25 spaces if the project allows only senior residents.

 

(3) Parking requirements for mixed use developments in the I-G District, as permitted under Section 24.10.1510(2)(l)(3), may be reduced by a maximum of 0.4 spaces for each dwelling unit at the discretion of the approving authority as a part of an on-site shared parking plan.

 

*** Accessory dwelling units only.

 

Use

Spaces Required

x.

Restaurants and other establishments selling food and beverages on the premises (including bars and nightclubs without live entertainment)

1 for each 120 square feet of floor area

y.

Restaurants with counter and/or take-out service or drive-in facilities

1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service

z.

Research and development facilities

1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater

aa.

Retail stores, shops, service establishments, including shopping centers other than furniture and appliance stores

1 for each 250 square feet of floor area

ab.

Schools:

 

 

• Elementary and junior high

1 for each employee

 

• High schools

1 for each employee, plus 1 for each 10 students

ac.

Colleges (business, beauty, etc.) and universities

1 for each employee, plus 1 for each 3 students

ad.

Self-service laundry and dry cleaning establishments

1 for each 200 square feet of floor area

ae.

Service stations

3 for each lubrication or service bay, plus 1 for each employee on the day shift

af.

Sports arenas, auditoriums, assembly halls, and meeting rooms

1 for each 3.5 seats of maximum seating capacity

ag.

Theaters

1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats

ah.

Wholesale establishments, warehouses, service and maintenance center, communications equipment buildings

1 for each 1,000 square feet of floor area

ai.

Recycling collection facilities

 

 

• Independent

2 spaces

 

• In conjunction with other uses that provide required parking

0 spaces

aj.

Unspecified uses of buildings, structures, or premises

Where the parking requirement for a particular use is not specifically established in this section, the parking requirements for each use shall be determined by the zoning administrator, and such determination shall be based upon the requirements for similar uses. Public uses not specifically established in this section shall meet the parking requirement as established by the planning commission. The planning commission shall take into account the proposed use and parking availability in the vicinity of the use.

(Ord. 2013-10 § 1 (part), 2013: Ord. 2008-14 § 3, 2008: Ord. 2007-21 § 2, 2007: Ord. 2006-18 § 5, 2006: Ord. 2004-02 § 2, 2004: Ord. 2002-25 § 2 (part), 2002: Ord. 2002-02 § 2 (part), 2002: Ord. 91-14 § 5, 1991; Ord. 90-38 § 1, 1990; Ord. 89-38 § 1, 1989; Ord. 87-22 § 10, 1987; Ord. 85-46 § 1 (part), 1985).

24.12.250 BIKE PARKING REQUIREMENTS.

1.    Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy.

2.    Bike Spaces Required. Bicycle parking facilities shall be provided in accordance with the following schedule, with fractional requirements for bike parking over .5 to be rounded up:

 

Number of Bicycle Parking Spaces Required

a.

Commercial, industrial, office, retail, service

 

 

Number of auto
parking spaces    1+

2 + 15% of auto parking requirement

b.

Multifamily residential
(3 or more units)

1 space per unit

c.

Public, or commercial recreation
(See Land Use Code 7XX)

35% of auto parking

d.

Schools

1 space per 3 students

e.

Park-and-ride lots and transit centers

35% of auto parking

f.

Lodging

1 space per 5 units

3.    Type of Bicycle Parking Required. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection 4. of this section as follows: Fractional amounts of the type of parking facilities may be shifted as desired.

 

 

Classification

a.

Office, industrial (commercial), financial

60% Class 1

 

 

40% Class 2

b.

Retail, service (commercial)

20% Class 1

 

 

80% Class 2

c.

Multifamily residential
(3 or more units)

100% Class 1 Garages or secure accessible indoor areas count

d.

Public or commercial recreation

10% Class 1

 

 

90% Class 2

e.

Schools

100% Class 2 secured, covered

f.

Park-and-ride lots

80% Class 1

 

 

20% Class 2

g.

Transit center

100% Class 2 secured, covered

4.    Classification of Facilities.

a.    “Class 1 bicycle facility” means a locker, individually locked enclosure or supervised area within a building providing protection for each bicycle therein from theft, vandalism and weather.

b.    “Class 2 bicycle facility” means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must be easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. Racks that support a bike primarily by a wheel, such as standard “wire racks” are damaging to wheels and thus are not acceptable. (See Bikes are Good Business design guidelines.)

5.    Location and Design of Facilities.

a.    Bicycle parking should be located in close proximity to the building’s entrance and clustered in lots not to exceed sixteen spaces each.

b.    Bicycle parking facilities shall support bicycles in a stable position without damage to wheels, frame or other components.

c.    Bicycle parking facilities should be located in highly visible, well-lighted areas to minimize theft and vandalism.

d.    Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

e.    Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture.

f.    Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) besides each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.

g.    Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.

h.    Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.

6.    Variation to Requirements.

a.    Substitution of Car Parking with Bike Parking. New and preexisting developments may convert up to 10% of their auto spaces to unrequired additional bike parking, as long as the spaces are conveniently located near the entrance. Converted parking spaces must yield at least six bike parking spaces per auto space.

b.    Where the provision of bike parking is physically not feasible the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards for existing buildings.

(Ord. 95-20 § 1, 1995: Ord. 94-15 § 1, 1994).

24.12.252 SHOWER FACILITY REQUIREMENTS.

1.    Employee shower facilities in compliance with ADA standards shall be provided for any new commercial building constructed or for any addition to or enlargement of any existing building in compliance with the following table:

Use

Gross Floor Area of New Construction (Square Feet)

No. of Showers

Industrial, manufacturing, and medical, general business office or financial service

0 – 12,499

No requirement

12,500 – 29,999

1

30,000 – 49,999

2

50,000 and up

4

Retail, eating and drinking and personal service

0 – 24,999

No requirement

25,000 – 99,999

1

100,000 and up

2

2.    Shower facilities shall include at least one personal locker for every twenty employees. If only one shower is provided it must be designed as a unisex facility that is accessible to the handicapped.

3.    As an alternative to including shower facilities within a building, a new business may submit a written agreement for employees to utilize existing shower facilities of a business within three hundred feet of the project’s property lines. This agreement must be signed by both parties involved, allow use of the facilities in perpetuity, establish allowable hours of use, include provisions for maintenance, and involve shared liability agreements.

(Ord. 94-15 § 2, 1994).

24.12.260 RESERVED.

24.12.270 MISCELLANEOUS REQUIREMENTS.

1.    Parking Limit. The city may establish a maximum parking limit where a development proposal exceeds city standards for the number of parking spaces.

2.    Compact Car Spaces. Up to fifty percent of a parking requirement may be designed for compact or small cars. Compact car spaces shall be sixteen feet long by seven and one-half feet and shall be labeled for compact cars only.

3.    Facilities for the Handicapped. Requirements for parking spaces for the handicapped shall apply to all parking facilities, whether required or provided voluntarily. This section is intended to enforce the handicapped parking requirements of state law. Parking spaces for the handicapped shall be located as close as possible to the handicapped accessible entrance to the use. Parking space size shall be nine feet by nineteen feet, plus a five-foot loading/unloading area. Parking facilities specifically designed, located, and reserved for vehicles licensed by the state for use by the handicapped, shall be provided according to the following table:

Number of Spaces Required

Total

Handicapped

1 to 40

1

41 to 80

2

81 to 120

3

121 to 160

4

161 to 300

5

301 to 400

6

401 to 500

7

over 500

1 for each 200 additional spaces

4.    Cumulative Parking Requirements. When two or more uses are located in the same building or parcel and share common parking facilities, the parking requirements shall be the sum of the separate requirements for each use, except as may be provided for in this section.

(Ord. 94-15 § 3, 1994: Ord. 89-09 § 1, 1989; Ord. 88-18 § 1, 1988; Ord. 85-65 § 1, 1985; Ord. 85-46 § 1 (part), 1985).

24.12.280 DESIGN REQUIREMENTS.

1.    Development and Maintenance.

a.    Except as may be otherwise permitted by this part or the Municipal Code, required parking spaces shall not be located in the required front yard or any required exterior side yard.

b.    Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A- or R- District shall be provided with a clear corner triangle or a clear vision area, as defined in this title. Within these areas, no parking spaces shall be established and the areas shall be suitably and permanently landscaped.

2.    Parking Facility Layout. The following diagram, entitled Sample Parking Design Standards, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only.

3.    Access to Spaces or Facilities.

a.    Where a parking facility does not abut a public or a private street, alley, or access easement, there shall be provided an access driveway of not less than twenty feet in width; except as follows:

(1)    Driveways furnishing access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width.

(2)    Driveways furnishing access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.

(3)    Where separate one-way driveways are proposed, each shall be not less than ten feet in width.

(4)    The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings.

(a)    That the width is necessary to preserve the open-space character of the area;

(b)    That the width contributes to the compatible use of open-space lands.

b.    Driveway Design Standards.

(1)    Driveways shall be designed to conform with existing contours to the maximum extent feasible.

(2)    Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.

(3)    Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:

*    Back edge of standard city driveway.

**    All percentages are measured from the edge of standard city driveway.

c.    Backing Out.

(1)    General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley.

(2)    Exceptions. Parking facilities for single-family dwellings and duplexes not located on a freeway, major or minor arterial, as shown on the General Plan Land Use Map may provide for backing into the street.

4.    Tandem Spaces – Single-Family Dwellings. One uncovered required parking space may be provided in a tandem arrangement.

5.    Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.

6.    Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:

a.    Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works;

b.    Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;

c.    Parking facilities approved by the zoning administrator or zoning board for a different parking surface;

d.    All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.

7.    Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.

8.    Lighting. Lighting shall be directed onto the subject property only, so that the light source is not visible from adjacent properties or streets.

9.    Landscaping and Screening.

a.    General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design.

(1)    Every parking facility abutting property either located in R- Districts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use. Screening devices may not exceed forty-two inches in height adjacent to any front or exterior sideyard area.

(2)    Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing or an equivalent.

b.    Standards for Multifamily, Over Five Units, Commercial and Industrial Developments. Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften the effect of the parking area, within the first year.

(Ord. 89-11 § 1, 1989; Ord. 88-59 § 1, 1988: Ord. 85-46 § 1 (part), 1985).

24.12.290 VARIATIONS TO REQUIREMENTS.

The off-street parking requirements of this part may be satisfied or modified in alternate ways:

1.    If the property being occupied is in a parking district and the decision-making body finds that the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity and the district; the Downtown Commission shall advise the decision-making body on the required finding.

2.    Off-Site Parking. Required parking spaces may be provided within three hundred feet of the principal entrance of a use. A permanent maintenance and management plan including signage at the parking facility and at the use indicating the useful functioning of such parking must be approved by the hearing body. No more than sixty percent of the required parking may be provided off-site.

3.    Parking Plan. An approved specific plan or an approved parking management plan for a project within an R-T District may supersede those parking standards contained in this part, if the purpose of this part is met and the required number of spaces is met. A parking management plan must be found consistent with the following standards:

a.    It must provide the same overall number of parking spaces as is required under Section 24.12.240 for the proposed use.

b.    It must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses.

c.    All parking stalls shall be marked.

d.    The parking arrangement shall not create safety problems for persons parking or walking within the parking area.

e.    Any valet parking program must operate full-time during established business or operating hours.

f.    Any off-site parking program.

g.    Any off-site parking program located beyond a quarter-mile radius from the subject site shall include a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site.

4.    Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same parcel may be reduced by the Zoning Board as part of a special use permit procedure if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week. The Zoning Board may permit no more than a ten percent reduction of the total number of spaces than would be required if each use was assessed independently.

5.    Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within three hundred feet of the parking facility and if their hours of operation do not coincide, provided they:

a.    Receive special use and design permits so that design criteria are met and conditions of use may be established along with periodic review;

b.    Submit a written document guaranteeing maintenance, hours of operation and specifying length of agreement;

c.    Submit a signage program to notify users at all location(s) of shared parking facilities;

d.    Demonstrate how the shared parking arrangement will fulfill the intent of this part.

e.    The use permit upon which the shared parking proposal depends shall terminate upon lapse of written agreement specified in subsection (5)(b) above unless otherwise modified by the Zoning Board.

6.    Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, off-street parking shall be required only for that portion of structures or use constituting the increase in capacity; except that no additional parking need be provided for nonresidential uses, if the increased capacity results in an increase of four or fewer parking space requirements.

7.    Reduction in Parking Requirements for Nonautomobile Use Programs. The Zoning Administrator or Zoning Board may allow up to a ten-percent reduction in parking requirements for commercial or industrial developments if such developments include measures such as staggered work hours, provision of employee bus passes, provision of van/car pool programs or the like and provide enforceable permanent agreements to carry out the program.

8.    Parking Requirements on Lots of Less than Fifty Feet. The Zoning Administrator or Zoning Board may permit one required uncovered off-street parking space to be located in a required front yard of single lots less than fifty feet wide if it is determined that the proposal otherwise meets Section 24.08.440 pertaining to substandard residential lot development standards, is consistent with the existing pattern of the neighborhoods and, where landscaping is provided, to minimize visual impacts.

9.    Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks. The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

10.    Reduction of Parking Requirements for Dwelling Units within the Downtown Recovery Plan Area of the Central Business District. (a) The parking requirement for multiple unit developments within the area subject to the Downtown Recovery Plan within the Central Business District (CBD), in addition to the one space required for a studio or one bedroom unit, shall be reduced to one and one-half spaces for each unit with two or more bedrooms; provided, that one enclosed, secured bicycle parking space is provided on site for each bedroom within the dwelling unit.

11.    Reduction of Parking Requirements for Lots with Historic Buildings Listed on the City Historic Building Survey and on Lots with Contributing Buildings within an Historic District. The parking requirements for such lots may be reduced in accord with Section 24.12.445.

(Ord. 2012-19 § 3, 2012; Ord. 2002-02 § 2 (part), 2002: Ord. 2000-20 § 3, 2000: Ord. 90-34 § 1, 1990; Ord. 90-22 § 1, 1990; Ord. 89-38 § 2, 1989; Ord. 88-41 § 7, 1988; Ord. 88-22 § 1, 1988; Ord. 85-46 § 1 (part), 1985).

24.12.295 OFF-STREET LOADING FACILITIES.

1.    Purpose. To reduce street congestion and traffic hazards and to add to the safety and convenience of the community, adequate, attractively designed, and functional facilities for off-street loading shall be incorporated as necessary in conjunction with new uses of land.

2.    General Provisions. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hospital, mortuary, motel, laundry, dry cleaning, or other similar uses requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the requirements herein.

3.    Requirements.

a.

Gross Floor Area

Required Loading Spaces

10,000 to 24,999 square feet

1

25,000 to 49,000 square feet

2

For each additional 50,000 square feet or fraction thereof

1

b.    Each loading space shall be not less than ten feet in width, thirty feet in length, and with an overhead clearance of fourteen feet.

c.    Such space shall not occupy all or any part of any required front or exterior yard area or court space, and shall not be located closer than fifty feet to any lot in an R- District, unless inside a structure or separated from such district by a wall not less than eight feet in height, provided a conditional fence permit is approved.

d.    Sufficient room for maneuvering vehicles shall be provided on site.

e.    Each loading berth shall be accessible from a street or alley.

f.    Entrances and exits shall be provided at locations approved by the public works director.

g.    The loading area, aisles and access drives shall be paved with a durable, dustless surface, and shall be so graded and drained so as to disperse surface water.

h.    Wheel stops and bumper rails shall be provided where needed for safety or to protect property.

i.    If the loading area is illuminated, lighting shall be directed away from any abutting residential sites and adjacent streets.

j.    No repair work or servicing of vehicles shall be conducted in a loading area.

k.    Trucks with trailers or detached trailers shall not be stored on-site.

l.    Loading areas shall be maintained in good condition and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without review by the zoning administrator.

m.    Required off-street loading facilities shall be located on the same site as the use for which the berths are required.

(Ord. 85-46 § 1 (part), 1985).

24.12.296 EFFECTIVE DATE.

Part 3 of this chapter shall apply to applications filed after the effective date of this part.*

(Ord. 85-46 § 1 (part), 1985).

*    Editor’s Note: Ord. 85-46 became effective June 27, 1985.

(The Design Standards illustrations may be referred to in a printed edition of the Santa Cruz Municipal Code or the Santa Cruz Zoning Code)

Part 4: ADVERTISING DEVICES, SIGNS AND BILLBOARDS

24.12.300 PURPOSE.

Regulations in this ordinance governing signs (not in public right-of-way) are established in order to:

1.    Accommodate the community’s need to communicate political, civic, public service, religious and other noncommercial messages with a minimum of restraint and to regulate commercial signs;

2.    Protect the aesthetic amenities on which the city’s economy and quality of life depend;

3.    Promote traffic safety and minimize structural hazards posed by unsafe signs;

4.    Achieve consistency between General Plan goals and regulations dealing with size, location and content of exterior signs.

(Ord. 85-05 § 1 (part), 1985).

24.12.310 CLASSIFICATION AND REGULATION.

The zoning administrator shall designate an appropriate classification from the following categories (Sections 24.12.320 through 24.12.342 inclusive) for each sign. Disputes concerning the proper sign category may be appealed to the zoning board. In calculating the area of signs, only one side of a two sided sign shall be counted if the parallel planes are not more than twenty inches apart. Time and temperature devices are not included in the sign area, but may not exceed twenty percent of the allowed sign area.

(Ord. 85-05 § 1 (part), 1985).

24.12.320 FREESTANDING SIGNS.

1.    Freestanding Signs Five Feet or Under. Freestanding signs five feet or less in height shall be permitted in all districts subject to the limitations in this chapter.

a.    Area. The area of such signs may be one-half square foot per lineal foot of frontage with a maximum area of thirty-two square feet.

b.    Location. Except for projecting signs, every such sign shall be wholly on the owner’s property.

c.    Number. There may be no more than one such sign for each frontage. In the case of shopping centers and other multiple occupancies sharing a common frontage, the frontage shall be deemed to be that of the shopping center or commonly used parcel and not the frontages of the individual businesses or occupancies.

2.    Freestanding Signs Over Five Feet. Freestanding signs over five feet in height shall be permitted only in accordance with the terms of a design permit.

a.    Area. The maximum area of such signs shall be as indicated on Table 1, Section 24.12.390.

b.    Height. No such sign shall exceed thirty feet in height.

c.    Location. Subject to obtaining an encroachment permit, such signs may project over public property, or public vehicular or pedestrian easements or ways a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade of the public property immediately below, as set forth in the following table:

Clearance

Maximum Projection

Less than 8 feet

Not permitted

8 to 14 feet

1 foot plus 6 inches for each foot of clearance in excess of 8 feet

Over 14 feet

4 feet

No sign shall project within two feet of the curbline. No sign or sign structure shall project into any public alley whatsoever, below a height of fourteen feet above grade, nor more than six inches when over fourteen feet.

d.    Number. Subject to the provisions of Section 24.12.334 below, there may be one such sign for each street frontage. In the case of shopping centers and other multiple occupancies having a common frontage, the frontage shall be deemed to be that of the shopping center or commonly used parcel and not the frontage of the individual businesses or occupancies.

e.    Distance Apart. Where two or more signs are permitted because of multiple frontages (two or more street frontages), such signs shall be at least thirty feet apart.

3.    Sandwich Board and Movable Freestanding Signs. Sandwich board and movable freestanding signs shall be prohibited.

(Ord. 85-05 § 1 (part), 1985).

24.12.322 WALL SIGNS.

1.    Except as otherwise provided in this chapter, every wall sign shall comply with the requirements of subsections (2) through (5) below, inclusive.

2.    Area. The maximum wall sign area for each building face shall be as indicated on Table 2, Section 24.12.390.

a.    The wall area of single-story buildings will be determined by multiplying the wall length by sixteen feet, or by using the actual wall area, whichever is greater.

b.    The external walls of buildings containing multiple businesses or tenants may be utilized for signs by all occupants of such buildings, regardless of whether said business or tenant is located adjacent to such wall; provided, however, that the aggregate area of such signs on any wall shall not exceed the maximum allowable area permitted for each such wall.

3.    Height. No part of any such sign shall extend above the top level of the wall upon or in front of which it is situated. Any such sign which is suspended or projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

4.    Depth of Projection. No such sign, including any light box or other structural part, shall project more than twelve inches from the building face.

5.    Number. The number of wall signs permitted on each building face shall be no greater than the number of tenants in said building, and in no case shall the total wall sign area for each face exceed that shown on Table 2, Section 24.12.390. No building shall be deemed to have more than four building faces.

(Ord. 85-05 § 1 (part), 1985).

24.12.324 WINDOW SIGNS.

A permanent sign, or combination of permanent signs painted on, or attached to, windows shall not exceed twenty-five percent of the window area and shall be considered part of the allowable wall sign area.

(Ord. 85-05 § 1 (part), 1985).

24.12.326 PROJECTING SIGNS.

Every projecting sign shall comply with the requirements of subsections 1, and 2, below.

1.    Projecting Signs in Nonresidential Zones.

a.    Area. The permitted area of such signs shall be as set forth in the following table:

Building Frontage (Lineal Feet)

Maximum Area (Square Feet)

25 feet or less

25

25 feet to 64 feet

25, plus 1 square foot for each foot of frontage in excess of 25 feet

More than 64 feet

64

b.    Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or, in the case of buildings having sloping roofs, above the roof ridge. Any such sign which projects over public property shall have a clearance of eight feet above the ground, and a fourteen-foot clearance above vehicle way. On multistory buildings, no such sign shall exceed the height of the building roof or parapet line.

c.    Location. Subject to obtaining an encroachment permit, such signs may project over public property, public vehicular or pedestrian easements or ways, a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in the following table.

Clearance

Maximum Projection

Less than 8 feet

Not permitted

8 to 14 feet

1 foot plus 6 inches for each foot of clearance in excess of 8 feet

Over 14 feet

4 feet

d.    Projection. No sign shall project within two feet of the curbline. No sign or sign structure shall project into any public alley whatsoever, below a height of fourteen feet above grade, nor more than six inches when over fourteen feet. No sign, except a sign projecting not more than one foot, shall project a distance greater than one-fourth of its height.

e.    Number. Subject to the provisions of Section 24.12.334, there may be one such sign for each street frontage.

2.    Projecting Signs in Residential Zones.

a.    Area. No such sign shall exceed five square feet in area.

b.    Height. No part of any projecting sign shall exceed a height of twelve feet, nor shall any part of such sign extend above the top level of the wall upon, or in front of, which it is situated. Any such sign over any public or private sidewalk or walkway shall have a minimum clearance above the same of eight feet.

c.    Number. Subject to the provisions of Section 24.12.334 below, there may be no more than one projecting sign for each place of business for each building face.

(Ord. 85-05 § 1 (part), 1985).

24.12.328 ROOF SIGNS.

Roof signs are prohibited.

(Ord. 85-05 § 1 (part), 1985).

24.12.330 FLAGS, BANNERS, WIND SIGNS.

1.    Wind Signs. Wind signs are prohibited.

2.    House Flags or Banners. Each separate business may display, only in conjunction with the display of the United States Flag, or in conjunction with the display of the United States Flag and governmental flags, one house flag or banner containing only the name, symbol, or logotype of the business; provided, however, that the United States Flag and any other governmental flag shall be displayed in an appropriate manner, and that the house flag or banner is displayed in a similar manner, and is not larger in size than the United States Flag.

(Ord. 85-05 § 1 (part), 1985).

24.12.332 CANOPY SIGNS.

Signs painted on or affixed to canopies which are a part of a building shall be considered part of the total allowable area of wall signs for the wall from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights-of-way shall be limited to three square feet. No sign placed on the fascia or roof of the canopy shall be more than one foot in height, or project more than two feet above the canopy.

(Ord. 85-05 § 1 (part), 1985).

24.12.334 COMBINATION OF SIGN TYPES.

There may be permitted for each place of business or occupancy, a combination of not more than two types of signs; freestanding, wall, or projecting.

(Ord. 85-05 § 1 (part), 1985).

24.12.336 CHURCH AND QUASI-PUBLIC ORGANIZATION SIGNS IN RESIDENTIAL ZONES.

In all residential districts, churches and quasi-public organizations may erect signs on the premises identifying the premises or announcing activities thereon.

(Ord. 85-05 § 1 (part), 1985).

24.12.338 SIGNS ON BENCHES.

Signs on benches maintained pursuant to a valid encroachment permit issued in accordance with Section 15.44.020, shall not be governed by the provisions hereof. Signs or advertising matter now existing on benches which do not require a permit issued in accordance with Section 15.44.020, because the benches are not on public property, but which benches are placed to serve persons awaiting transportation and are located in close proximity to public property, shall be removed from said benches prior to October 13, 1971.

(Ord. 85-05 § 1 (part), 1985).

24.12.340 SIGNS ON FREEWAYS.

Notwithstanding anything elsewhere contained in this part, no commercial sign shall be erected on any property so as to be visible from a freeway if such sign is designed to have or has advertising thereon maintained primarily to be viewed from the freeway.

1.    Signs on Freeways – Exceptions. The provisions of Section 24.12.236 above shall not apply to a single sign on an entire premises, provided that said sign is used exclusively for noncommercial messages or to designate the name of the owner or occupant of the premises upon which the sign is situated, or to identify such premises. The total area of such sign shall be determined by using the standards set forth in this part, but shall not exceed fifty square feet.

(Ord. 85-05 § 1 (part), 1985).

24.12.342 OFF-SITE COMMERCIAL ADVERTISING AND BILLBOARDS.

1.    Signs for Business Purposes Generally. Except as provided elsewhere in this part, commercial signs shall be erected or used for business purposes of any kind only on the site of the business or enterprise, and used solely for naming, designating or identifying said business or enterprise, product or services available on or within the premises.

2.    Off-Site Signs in Garden Mall Overlay District. The zoning administrator may issue off-site commercial sign permits in the Garden Mall Overlay District (GM-O). The purpose of such off-site signage shall be limited to the identification of and direction to businesses, enterprises and activities affected by the 1989 earthquake. A design permit shall be required.*

(Ord. 90-23 § 1, 1990: Ord. 85-05 § 1 (part), 1985).

*    Editor’s Note: Paragraph 2 of Section 24.12.342 shall be effective for a period of two years from the effective date of this section, the effective date being June 21, 1990.

24.12.344 PROHIBITED LOCATIONS.

1.    Prohibited Locations Generally. All signs shall comply with the following location requirements:

a.    Residential Districts. No sign shall be erected in any residential district except as provided in Section 24.12.326, subsection (2), Section 24.12.336 and Section 24.12.350, subsections (1), (4), and (5) through (7) or in conjunction with an approved use permit for commercial uses in residential districts.

b.    Public Places. Except as authorized by an encroachment permit or as authorized elsewhere in this code, no sign shall be erected upon or over any public street, sidewalk, parking lot or other public way or place.

c.    Fire Escapes, Etc. No sign shall be erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

d.    Traffic. No sign shall be erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic.

e.    Intersections. No freestanding or projecting sign shall be erected at the intersection of any street improved for vehicular traffic, within the clear corner triangle or clear vision areas as defined in Sections 24.22.202 and 24.22.206 of this title; unless the same, in compliance with the provisions of this part, is less than two feet or more than eight feet above curb grade, and no part of its means of support has a single or combined horizontal cross-section exceeding eight inches.

f.    Setback Area. No sign erected in a residential zone shall be located in any front or exterior sideyard, except special purpose signs placed in accordance with Section 24.12.350, subsections (1) through (7), inclusive.

g.    Fence. No sign shall be placed, in any manner, or maintained on any fence.

h.    R-T Districts. All signs over sixty square feet in area shall be prohibited in any R-T District. Freestanding signs shall be prohibited in the portions of Subdistricts B and C which are adjacent to and/or within two hundred feet of Subdistrict A.

(Ord. 85-05 § 1 (part), 1985).

24.12.350 SPECIAL PURPOSE SIGN REGULATIONS.

1.    Construction Project Signs.

a.    Signs may be erected in conjunction with construction projects on-site and used for the purpose of publicizing the future occupants of the building, or the architects, engineers and construction organizations participating in the project.

b.    In all districts, no such sign shall exceed twelve square feet in area, and no freestanding sign shall exceed five feet in height.

c.    All such signs shall be removed before a final release on the construction is given by the building official.

2.    On-Site Directional Signs.

a.    Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or onto private property and shall be located on the property to which they pertain.

b.    Such signs shall not be used for advertising purposes.

c.    Such signs shall not exceed an area of six square feet; nor a height of five feet, and shall be located at least twenty feet from the nearest property line provided they do not project more than one foot into a public right-of-way.

3.    Off-Site Directional Signs. Off-site directional signs designating community service facilities (e.g., hospital, fire stations, municipal wharf, etc.,) shall be permitted subject to the issuance of an administrative use permit for each such sign or series of signs.

4.    Open House Signs. Open house signs, advertising real estate open for inspection for prospective sale, may be placed off the site of the open house only on private property in all districts, with the consent of the owner, lessee or occupant of the property on which the sign is to be placed. Such signs shall contain only the words “Open House” and a directional arrow, and may also contain the address of the open house. Such signs shall not exceed four square feet in area, nor three in number for any one sale.

5.    Noncommercial Signs. Noncommercial signs containing political, civic, public service, religious or other noncommercial messages may be erected in conformity with this part in all districts. Such signs may be located on or off site.

6.    Nameplate. One nameplate or marker shall be allowed for each dwelling unit, to indicate the occupant’s name; and shall not exceed one square foot in area, nor shall it contain an occupation designation.

7.    Subdivision Signs.

a.    Signs offering real estate or homes for sale in an approved subdivision may be erected under the following conditions:

(1)    Not more than two such signs shall be allowed per subdivision.

(2)    Such signs shall be located on the subdivision being advertised.

(3)    No such sign shall be erected on or situated within one hundred feet of any occupied residential property.

(4)    No such sign shall exceed forty square feet in area.

(5)    No such sign shall be illuminated.

(6)    Such signs shall be removed when all lots and houses in the subdivision have been sold.

b.    The application for a permit for any such sign shall be accompanied, in addition to the permit fee, by a deposit of $50.00 for each sign to guarantee proper maintenance and ultimate removal thereof.

(1)    The permit for any such sign shall be issued for a period not to exceed twelve months. At the end of such period, additional extensions of six months each may be granted by the building official for good cause.

(2)    Upon expiration of the permit or any extension thereof, the sign shall be removed by the applicant. Following the removal of the sign, and upon request, the deposit shall be refunded to the applicant.

(3)    If for any reason the applicant fails to remove the sign, the city may cause it to be removed and shall apply the cost of such removal against the deposit, and return the remainder to the applicant.

(Ord. 85-05 § 1 (part), 1985).

24.12.360 PERFORMANCE REGULATIONS – LIGHTING, MOVEMENT, SOUND.

1.    Lighting.

a.    Lighting of Signs. Where a sign is externally illuminated the light source must be shielded such that it is not visible from the front of the sign or lighting fixture, or from beyond the property line. Illuminated signs are prohibited in residential zone districts. Intermittent or flashing lighting shall be prohibited. Illuminated surfaces with an integral light source, such as electroluminescent paneling, may be used if their illumination intensity does not interfere with surrounding land uses. Lighted signs in the Beach Recreational Area and time and temperature devices in any district are not subject to these restrictions.

b.    Searchlights. Portable shielded arc-type searchlights shall be permitted as temporary signs, in commercial and industrial districts only, provided that the beam of the searchlight shall not be projected at less than a forty-five degree angle measured from a horizontal plane, and shall not project upon or reflect upon property or buildings other than the property or buildings of permittee.

2.    Movement and Sound.

a.    Animated Signs. Movement or semblance of movement of signs shall be limited to three cycles per minute, except that in the Beach Recreational Area, there shall be no limit.

b.    Sound. No sign shall be designated for the purpose of emitting sound. See also Section 24.12.328 above (roof signs) and Section 24.12.330 above (flags, etc., regulations).

(Ord. 85-05 § 1 (part), 1985).

24.12.370 CONSTRUCTION AND MAINTENANCE.

The appropriate sections of the Building Code shall apply to the construction of signs.

(Ord. 85-05 § 1 (part), 1985).

24.12.380 NONCONFORMING SIGNS.

1.    Nonconforming Signs, Amortization. There are hereby declared to be the following time periods beginning with October 13, 1966 within which all signs within the city shall be altered, removed, or otherwise made to comply with the provisions of this part.

a.    Temporary, sandwich board, movable freestanding, tire stacks, and wind signs: sixty days.

b.    Signs painted on buildings, walls, or fences: two years.

c.    Signs of less than $100.00 in valuation: two years.

d.    All off-site advertising signs together with all other signs: seven years.

2.    Exceptions. Except that the following time periods shall apply to signs legally erected pursuant to a valid sign permit issued within two years immediately preceding the effective date of this part.

a.    Signs painted on buildings, walls, or fences: three years from permit date.

b.    Signs of less than $100.00 in valuation: three years from permit date.

c.    All other signs: ten years from permit date.

3.    Signs Hereafter Rendered Nonconforming.

a.    Any sign which becomes nonconforming subsequent to the effective date of this part either by reason of the annexation to the city of the territory upon which the sign is located, or the amendment of this part to render such sign noncomplying or otherwise, shall also be subject to the provisions hereof.

b.    The period within which such sign must be abated as provided above, shall commence to run upon the effective date of such annexation or of such amendment, or the date upon which the sign otherwise becomes nonconforming.

4.    Abatement. Nonconforming signs shall either be made to conform with the provisions of this part, or abated within the applicable period of time as provided in this part. In the event they are not, the building official shall order the same abated by the owner of the property and any other person known to be responsible for the maintenance of the sign. It shall thereafter be unlawful for any such person to maintain or suffer to be maintained any such sign on any property owned or controlled by him.

5.    Manner of Abatement. Unless some other mode of abatement is approved by the building official, in writing, abatement of nonconforming signs shall be accomplished in the following manner.

a.    Signs painted on buildings, walls or fences: by removal of the paint constituting the sign or by permanently painting over it in a way that the sign shall not thereafter be or become visible.

b.    Other signs: by removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued by modification, alteration, or replacement thereof, in conformity with the provisions of this part.

6.    Modification of Nonconforming Signs. No nonconforming sign shall be in any manner altered, reconstructed or moved without being made to comply in all respects with the provisions of this chapter; provided, however, that nothing herein shall prohibit the normal maintenance or repair of any nonconforming sign nor the painting or repainting of the face thereof.

(Ord. 85-05 § 1 (part), 1985).

24.12.390 SIGN AREA TABLES.*

*    Editor’s Note: The previous edition of this code did not contain Section 24.12.390, although the section was referred to in other sections of the code. This section was added into the code by the publisher at the time of the 1995 republication.

A.    Table 1 – FREESTANDING SIGNS OVER FIVE FEET HIGH

Where total area of parcel of property involved exceeds 100,000 square feet, but has a frontage over 100 and less than 200 feet, sign area may be the same as where frontage is 200 feet.

B.    Table 2 – WALL SIGNS (other than residential districts)

Where wall area exceeds 5,000 square feet, sign area may be increased by 10 square feet for each additional 50 square feet of wall area; but no sign shall exceed 300 square feet.

Part 5: HISTORIC PRESERVATION

24.12.400 PURPOSE.

It is hereby found that the protection, enhancement, perpetuation and use of structures, districts, lands, and neighborhoods of historic, archaeological, architectural, and engineering significance, located within the city of Santa Cruz, are of cultural and aesthetic benefit to the community. It is further found that respecting the heritage of the city will enhance the economic, cultural and aesthetic standing of this city. The purpose of provisions in this title related to historic preservation is to:

1.    Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods contributing to cultural and aesthetic benefit of Santa Cruz;

2.    Foster civic pride in the beauty and accomplishments of the past;

3.    Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;

4.    Protect and enhance the city’s cultural, archaeological and aesthetic heritage;

5.    Promote and encourage continued private ownership and use of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be obtained under such policy;

6.    Serve as part of the Local Coastal Implementation Plan for the Coastal Program.

(Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 60, 1994: Ord. 85-05 § 1 (part), 1985).

24.12.410 HISTORIC PRESERVATION PROCEDURES AUTHORIZED BY THIS TITLE.

The following procedures related to historic preservation are authorized by this title:

1.    Historic District Designation (Part 2, Chapter 24.06).

2.    Historic Landmark Designation (Section 24.12.420).

3.    Archaeological Procedures (Section 24.12.430).

4.    Procedure for Amending Historic Building Survey (Section 24.12.440).

5.    Procedure; New Construction in Historic Districts (Section 24.12.450).

6.    Historic Alteration Permit (Part 10, Chapter 24.08).

7.    Historic Demolition Permit (Part 11, Chapter 24.08).

8.    Historic Overlay District (Part 22, Chapter 24.10).

(Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.420 HISTORIC LANDMARK DESIGNATION/DELETION.

1.    Purpose. The purpose of this procedure is to provide for the designation/deletion of an individual structure or other feature, or group of structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of an historical nature as a “landmark.”

2.    Procedure.

a.    Designation/deletion of landmarks may be proposed by the city council, historic preservation commission, the secretary to the historic preservation commission (planning director), or on application of the owners, or their authorized agents, of the property for which designation is requested.

b.    Each proposal shall be considered by the historic preservation commission at a public hearing, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04. The Commission shall encourage public participation in the hearing and the presentation of testimony about the property under consideration. The staff may prepare a summary of information about the property prior to the hearing. When recommending the approval of a designation or a deletion, the Commission shall prepare a report setting forth the factual basis for the required findings.

c.    After receiving a recommendation from the historic preservation commission, the city council shall hold a public hearing at the earliest possible date of a regular meeting, allowing time for public notice.

3.    Findings Required. Prior to the historic preservation commission recommending approval of landmark designation or deletion to the city council and prior to the city council approving the application, each shall find as appropriate:

a.    That the proposed landmark, or group of structures, or features thereof has or no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature.

b.    That approval or modified approval of the application to designate or delete a landmark is consistent with the purposes and criteria of the city’s historic preservation policies set forth in Section 24.12.400 herein, and the Cultural Resources Element of the General Plan.

(Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 61, 1994: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

1.    Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.

2.    Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits. For development on sites that have “known resources” see subsection (12).

3.    An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or on-site monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city.

4.    Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeological deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.

5.    Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:

a.    Immediately cease all further excavation, disturbance, and work on the project site;

b.    Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;

c.    Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

d.    Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

6.    Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.

7.    Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

8.    Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

9.    Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.

10.    Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate, the director shall authorize the resumption of work in conformance with the mitigation plan.

11.    Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

12.    Development on Known Archaeological Sites. No building permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Historic Preservation Element and the Local Coastal Land Use Plan.

(Ord. 2013-09 § 1, 2013: Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.431 PROTECTION OF PALEONTOLOGICAL RESOURCES.

1.    The city shall notify applicants with development projects within sensitive paleontological areas of the potential for encountering such resources during construction and condition approvals that work will be halted and resources examined in the event of encountering paleontological resources during construction. If the find is significant, the city will require the treatment of the find in accordance with the recommendations of the evaluating paleontologist. Treatment may include, but is not limited to, specimen recovery and curation or thorough documentation.

(Ord. 2013-09 § 2, 2013).

24.12.440 SANTA CRUZ HISTORIC BUILDING SURVEY.

1.    Background – Availability. The Santa Cruz Historic Building Survey, Volume I – prepared for the city of Santa Cruz by Charles Hall Page and Associates Inc., and published in 1976, and Volume II – prepared by John Chase, Daryl Allen and Jeanne Gordon, and published is 1989, is hereby adopted, as amended, as the Santa Cruz Historic Building Survey, and is incorporated herein by reference. Three copies of said building survey are, and shall be, maintained on file in the office of the city clerk, city of Santa Cruz, for the use of, and examination by, the public. See Chapter 24.08 for permits and requirements relating to Historic Building Survey buildings.

2.    Procedure for Amending Historic Building Survey.

a.    The city council may amend the Historic Building Survey by resolution by adding buildings or property to the survey or deleting buildings or property from the survey. This shall be done following a recommendation by the historic preservation commission. The historic preservation commission shall report to the city council on changes to buildings or property listed on the survey, and the commission shall recommend initiation of a new survey when there is a need to update the Historic Building Survey.

b.    A public hearing shall be held by both the city historic preservation commission and the city council, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04.

c.    Actions by both bodies shall be based on the following criteria:

The property is either a building, site, or object that is:

1.    Recognized as a significant example of the cultural, natural, archaeological, or built heritage of the city, state, or nation; and/or

2.    Associated with a significant local, state, or national event; and/or

3.    Associated with a person or persons who significantly contributed to the development of the city, state, or nation; and/or

4.    Associated with an architect, designer, or builder whose work has influenced the development of the city, state, or nation; and/or

5.    Recognized as possessing special aesthetic merit or value as a building with quality of architecture and that retains sufficient features showing its architectural significance; and/or

6.    Recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials; and/or

7.    Retains sufficient integrity to accurately convey its significance.

The district is:

8.    Recognized as a geographically definable area possessing a significant concentration of buildings that are well designed and other structures, sites, and objects which are united by past events or by a plan or physical development; or is

9.    Recognized as an established and geographically definable neighborhood united by culture, architectural styles or physical development.

d.    Upon the initiation of an amendment to the Historic Building Survey to add a building or buildings, no zoning or building or demolition permit shall be issued for a period of sixty days or until final action by the city council, whichever occurs first. An exception may be made where public health and safety require it. A public hearing shall be held upon any initiation of an amendment to the Historic Building Survey.

(Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS.

Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

1.    Procedure. To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450.

Variations to District Regulations.

a.    Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, size of accessory dwelling units, fence heights, slope regulations and yards may be modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.

Reduction of Parking Requirements: The square footage of an existing residential, commercial or industrial building may be enlarged by at least one hundred fifty square feet or a maximum of fifteen percent (of the square footage in existence prior to the addition) without requiring additional parking.

Reduction in residential parking requirements may include: waiver of covered parking requirement, credit for one parking space in the front setback, and credit for up to three spaces in tandem toward a project’s parking requirement. Parking in the front yard setback must conform to Section 24.12.280.6 (surfacing).

b.    Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.

1.    Multifamily uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.

2.    Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially-zoned property except for CN-zoned properties;

3.    Expansion of single-family homes in RM and RT zone districts;

4.    In zone districts where Accessory Dwelling Units (ADUs) are allowed, ADUs of the following sizes shall be permitted on lots with the following lot size and a listed or contributing historic district building:

Required Lot Size

Maximum Size of ADU

(a.)

4,500 to 5,000 square feet

500 square feet

(b.)

5,001 to 5,999 square feet

550 square feet

(c.)

6,000 to 7,499 square feet

640 square feet

(d.)

7,500 to 9,999 square feet

800 square feet

(e.)

10,000 or more square feet

940 square feet

5.    Expansion of nonconforming structures and uses.

6.    Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Recovery Plan area and in the Mission Street Design Plan area.

(Ord. 2012-19 § 2 (part), 2012: Ord. 2003-14 § 1 (part), 2003: Ord. 91-16 § 1, 1991).

24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC VARIATIONS.

In addition to historic alteration permit and administrative use permit findings, the following findings are also required:

1.    For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.

2.    For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:

•    The maximum allowable lot coverage for structures shall be fifty-five percent;

•    The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes forty percent or less lot coverage.

3.    For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.

4.    For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.

(Ord. 2012-19 § 2 (part), 2012).

Part 6: MOBILEHOMES

24.12.500 GENERAL.

Mobilehomes are part of the housing stock of the city of Santa Cruz. It is the intent of the city to provide opportunities for the placement of mobilehomes in residential districts and in mobilehome parks, and to insure that such mobilehomes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

(Ord. 85-05 § 1 (part), 1985).

24.12.510 REQUIREMENT.

Mobilehomes shall be used within the city of Santa Cruz only for residential purposes, and then only under the following circumstances:

1.    If such mobilehomes are located in an approved mobilehome park, in conformity with the conditions imposed upon development and use of the mobilehome park; or

2.    If such mobilehomes have been granted a certificate of compatibility (Part 16, Chapter 24.08) and are located in zoning districts where single-family homes are a permitted use; or

3.    If such mobilehomes have been approved as caretaker residences in an industrial zone by a special use permit.

4.    All mobilehome parks shall have a minimum lot area of five acres and be allowed through approval of a PD (planned development) permit.

(Ord. 85-05 § 1 (part), 1985).

Part 7: ANIMALS

24.12.600 PURPOSE.

Specific regulations relating to the care and keeping of animals set forth herein are intended to provide for the compatibility between such animals and neighboring land uses.

(Ord. 85-05 § 1 (part), 1985).

24.12.610 ANIMALS AT LARGE.

It is unlawful for any person owning or having possession, charge, custody, or control of any animal except cats, to cause, permit, or allow the animal to stray, run, or in any other manner to be at large in or upon any public street, sidewalk, park or schoolground, or upon any unenclosed lot or land.

(Ord. 85-05 § 1 (part), 1985).

24.12.620 DOMESTIC ANIMALS.

In any R- District, or in conjunction with any residential uses in any other district, there may be kept on any lot a total of not more than six domestic animals as defined in this title, not more than three of which may be dogs, and not more than one of which may be an unspayed female dog. See Section 24.12.630, Family farm animals.

1.    Such animals, except cats, shall under no circumstances be permitted to run at large, but shall be at all times confined within a suitable enclosure (coop or yard) or otherwise be under the control of the owner on the property. Supervision of dogs is covered under Chapter 8.14 of the Municipal Code.

2.    Such enclosure shall at all times be maintained in a clean and sanitary condition so as to be at all times free from offensive odors or other nuisance features.

3.    No part of any enclosure shall be located less than twenty-five feet from any dwelling, other than the owner’s, or place of business.

(Ord. 85-05 § 1 (part), 1985).

24.12.630 FAMILY FARM ANIMALS.

In any R- District, or in conjunction with any residential uses in any other district, there may be kept on any lot of at least twenty thousand square feet in area, two large family farm animals and ten small family farm animals.

1.    Such animals shall be specifically for use by the family on the site and not be for sale, except in the case of an approved young farmer project.

2.    Such animals and poultry shall under no circumstances be permitted to run at large, but shall be confined at all times within a suitable enclosure.

3.    Such enclosure shall at all times be maintained in clean and sanitary condition so as to be at all times free from offensive odor or other nuisance features.

4.    No part of any enclosure shall be located less than forty feet from any neighbor’s dwelling, and twenty feet from owner’s property line.

5.    Only small animals may be butchered on property.

6.    Domestic farm animals (those defined as domestic animals in Section 24.22.050) shall be counted as part of the total number of domestic animals permitted on any one property.

7.    Where one or more large farm animals or seven or more small farm animals are to be maintained, an administrative use permit shall be required for all family farms. The following shall be considered in the approval of such permits:

a.    The slope of the land and its bearing on the problems associated with runoff shall be taken into consideration with surface of all corrals and animal areas to be graded so as to prevent the accumulation of storm or casual waters;

b.    The applicant’s proposed plan for the removal of animal manure from the site and for screening of that portion of the property where animals are to be kept;

c.    Proposed measures for prevention of adverse impacts, such as noise, on adjacent properties or the neighborhood caused by the keeping of such animals.

(Ord. 85-05 § 1 (part), 1985).

24.12.640 HORSES, PONIES, DONKEYS, OR MULES.

In any R- District, there may be kept one horse, pony, donkey or mule for each twenty thousand square feet of land area, subject to the following provisions:

1.    The minimum contiguous land area shall be forty thousand square feet, of which twenty thousand square feet shall be open space. Contiguous parcels which are leased pursuant to a written or oral rental agreement may not be considered as part of the minimum lot area requirements hereof.

2.    The fenced paddock and corral area and structures for the housing of such animals shall be at least twenty feet from the property line; stables and housing of such animals shall be at least forty feet from property lines; and stables and corrals a minimum of one hundred feet from neighbor’s dwelling. Except that, upon written consent of adjacent property owner and tenant, where applicable, the setback requirements may be reduced. In no case, however, shall paddocks, corral areas, stables or animal housing be less than fifty feet from habitable structures on adjacent properties.

3.    Such animals shall be maintained in a fenced paddock or corral area containing at least eight hundred square feet of fenced area per animal. All of said minimum fenced paddock or corral area shall be permanently accessible to such animals. Such animals shall be cared for and kept in a manner which preserves the health and safety of the animals and which complies with Chapter 8.18 of the Santa Cruz Municipal Code;

a.    If fenced paddock area is not provided for such animals, each twenty thousand square feet of land area per animal shall be fenced.

4.    The land area shall at all times be maintained in a clean and sanitary condition so as to be free from offensive odors or other nuisance features.

5.    The fly-control regulations and other restrictions of the environmental health department shall be complied with.

6.    A foal of such animal which is lawfully kept on such contiguous land area and which is under the age of one year shall not be counted in determining the number of such animals being kept on the land.

7.    An administrative use permit shall be required for all horses, ponies, donkeys and mules. The following shall be considered in the approval of such permits:

a.    The slopes of the land and its bearing on the problems associated with runoff shall be taken in consideration, with surface of all corrals and animal areas to be graded so as to prevent the accumulation of storm or casual waters;

b.    The applicant’s proposed plan for the removal of animal manure from the site and for screening of that portion of the property where animals are to be kept;

c.    Proposed measures for prevention of adverse impacts such as noise on adjacent properties or the neighborhood caused by the keeping of such animal.

(Ord. 85-05 § 1 (part), 1985).

24.12.650 BEES (APIARIES).

In an R-1 District, there may be kept on any lot no more than two hives of bees.

1.    No hive shall be kept or maintained closer than twenty feet from all property lines.

2.    An administrative use permit shall be required.

(Ord. 85-05 § 1 (part), 1985).

Part 8: UNDERGROUND UTILITIES

24.12.700 GENERAL.

All facilities and wires for the extension of facilities for the supplying and distribution of electrical energy and service, including communication service, shall be placed underground; and further, that there exists a need for regulation of certain modifications of existing utility pole lines, all in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city of Santa Cruz.

(Ord. 85-05 § 1 (part), 1985).

24.12.710 PROVISIONS.

1.    All new extensions of electrical and communications distribution and service facilities, equipment, and lines carrying less than 34,500 volts, hereafter constructed or installed in the city of Santa Cruz shall be placed underground, unless special permission to construct said facilities above ground is granted, as hereinafter provided.

2.    All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than 34,500 volts, required to be relocated by reason of change of grade or alignment, or the widening, of the street within which such overhead facilities exist, shall upon relocation, be placed underground, unless special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.

3.    Overhead electrical and communications distribution and service poles supporting lines carrying less than 34,500 volts shall not be installed to support overhead facilities, where such installation would duplicate an existing pole line within an entire city block.

4.    Electric and communication service wires or cables to any new building or structure shall be placed underground. Where this requirement would be impractical or unreasonable, the director of public works, upon application of the property owner, may permit overhead services.

(Ord. 85-05 § 1 (part), 1985).

24.12.720 EXCEPTIONS.

The provisions of Section 24.12.710 shall not apply to:

1.    Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision of, and to the satisfaction of, the city engineer.

2.    Poles or electroliers used exclusively for street lighting.

3.    Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any street.

4.    Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services.

5.    Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts.

(Ord. 85-05 § 1 (part), 1985).

24.12.730 HARDSHIPS.

Where the enforcement of the provisions of Section 24.12.710 would result in undue hardship, application for exception from the provisions thereof may be made in the following manner:

1.    Written application shall be filed with the zoning administrator, with copy to the director of public works.

2.    Such application shall include all information necessary to properly apprise the planning director and the director of public works of the circumstances existing which require such exception.

3.    The zoning administrator shall consider said application and the purpose to be attained by this part and shall, within twenty days after the filing of said application, grant or deny the exception and make a recommendation to the zoning board for approval or denial of the exception.

4.    In approving an exception to the regulations of this part, at least one of the following findings shall be made:

a.    The cost to underground the utility is highly disproportionate to the cost of the improvement; or

b.    The extension is intended to be temporary (six months or less); or

c.    The immediate, neighborhood has aboveground utility and/or communications extensions; or

d.    The utility company installing the connecting line has said it is physically impossible to make such a connection underground; or

e.    The circumstances are similar in nature to those listed above, as determined by the zoning board.

(Ord. 85-05 § 1 (part), 1985).

24.12.740 EXISTING FACILITIES.

The provisions of Section 24.12.710 shall not prohibit the necessary maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to facilities already served by at least one overhead utility service, nor prohibit the connection of underground service to existing overhead utility distribution equipment, in areas not designated and declared by the council to be an underground utility district.

(Ord. 85-05 § 1 (part), 1985).

Part 9: BED-AND-BREAKFAST INNS

24.12.800 PURPOSE.*

These regulations are established in order to facilitate bed-and-breakfast uses in commercial districts which cater to visitors; encourage bed-and-breakfast uses in residential districts where they are appropriate, while protecting surrounding residential uses from their commercial impacts; and encourage the preservation and maintenance of buildings listed on the Historic Building Survey.

(Ord. 96-05 § 1 (part), 1996: Ord. 94-33 § 62, 1994: Ord. 85-05 § 1 (part), 1985).

*    Editor’s Note: Former Section 24.12.800, “Purpose,” was replaced in its entirety by § 1 of Ord. 96-05.

24.12.810 Regulations.

(1)    In districts which allow hotels, motels and lodging, bed-and-breakfast inns shall be subject to the same regulations as hotels and motels. In all R-1, R-L, R-M, R-T(A) and R-T(D) districts, bed-and-breakfast inns shall meet the following requirements:

(a)    Bed-and-breakfast inns shall provide breakfast and may provide other meals for registered guests. No meals may be served to unregistered guests or the general public.

(b)    No cooking facility shall be allowed in guest rooms.

(c)    Guest occupancy shall be limited to fourteen days during any thirty-day period.

(d)    Guests shall check in and out only between 9:00 a.m. and 8:00 p.m.

(e)    Bed-and-breakfast inns shall be managed and occupied by the owner of the property.

(f)    Except as provided in subsection (2) of this section, the bed-and-breakfast use shall comply with all requirements of the zoning district in which it is located.

(g)    Prior to the zoning board’s public hearing of the application, the applicant shall provide evidence that written comments have been solicited from all owners and occupants of lands adjoining the proposed use. Any written comments received shall be submitted to the zoning board.

(h)    A transient occupancy permit shall be obtained prior to activating the use permit.

(2)    In addition to the requirements contained in subsection (1) of this section, bed-and-breakfast inns in the R-1 Single-Family Residence District and the R-L Multiple Residence-Low Rise District shall meet the following requirements:

(a)    There shall be a distance of either two full blocks or fifteen hundred lineal feet, whichever is greater, between bed-and-breakfast inns.

(b)    The structure proposed for a bed-and-breakfast use shall be listed in the city of Santa Cruz Historic Building Survey.

(c)    No use permit may be issued to authorize a bed-and-breakfast use if that use would result in a net loss of multiple dwelling units which have been occupied as such for two years prior to the application date.

(d)    Signs shall be affixed to the structure, externally lighted only, and turned off by 10:00 p.m.

(3)    This section of the Zoning Ordinance is also part of the Local Coastal Implementation Program.

(Ord. 96-05 § 1 (part), 1996).

24.12.820 FINDINGS REQUIRED.

In addition to other findings required by Sections 24.08.030 (Design Permit), 24.08.040 (Special Use Permit), and 24.08.930 (Historic Alteration Permit), all applications for bed-and-breakfast uses within R-1, R-L, R-M, R-T(A) and R-T(D) zoning districts shall be consistent with the following findings:

(a)    The proposed use will further the preservation of any historic building(s) involved as evidenced by proposed repairs and improvements to the building and property, and the establishment of an economic use of the building which will support its continued maintenance and improvement.

(b)    The proposed use, as conditioned, will not create noise, parking or other detrimental impacts on the residential neighborhood in which it is located.

(c)    The proposed use will further General Plan policies related to historic preservation, tourism and economic development.

(Ord. 96-05 § 1 (part), 1996).

Part 10: SERVICE STATION REGULATIONS

24.12.900 PURPOSE.

It is the purpose of this part to protect the public health, safety, and welfare by assuring adequate numbers of service stations which afford equal access to the public, including elderly, handicapped and visitors in need of personal service and minor automobile repair and by establishing reasonable criteria for same. Further, the public safety and welfare is served by regulating conversion of stations from full service to self-service.

(Ord. 85-32 § 1, 1985).

24.12.910 ADMINISTRATION.

No building permit or other permit shall be issued for the establishment, construction, conversion or modification of a service station unless a use permit and a design permit have been issued pursuant to Part 1 of Chapter 24.08, Use Permits, Part 5 of Chapter 24.08, Design Permit, and provisions of this part.

(Ord. 85-32 § 1, 1985).

24.12.920 RESERVED.

24.12.930 CONSTRUCTION/ ESTABLISHMENT OF SERVICE STATIONS – NEW.

All service stations shall comply with the following requirements:

1.    Lot Area. Minimum land area for service stations shall be six thousand square feet for the first pump island, plus four thousand square feet for the second pump island; plus one thousand square feet for each additional pump island. In addition, there shall be one thousand square feet for each lubrication or nonmechanical washing bay.

2.    Site Improvements. The arrangement of structures, islands, curbcuts, parking, and landscaping shall be such as to provide sufficient space to service vehicles efficiently and entirely on the site; to meet on-site parking, circulation, and maneuvering requirements; and to ensure the safe movement of vehicles and pedestrians to, through, and from the site.

3.    Drainage. All drainage from the property shall be collected on-site and conveyed to the storm sewer, if available. Water shall not drain across the sidewalks or any area reserved therefor.

4.    Lighting. Lighting shall be directed onto the subject property only, so that the light source is not visible from adjacent properties. No luminaire shall exceed twenty feet above finished grade.

5.    Signage. Freestanding signs shall not exceed fifteen feet in height and shall be so located as not to interfere with vehicle or pedestrian sight distances. Signs advertising prices shall be visible according to city regulations.

6.    Service Activities. Hydraulic racks and service pits shall be located within a structure.

7.    Outdoor Display and Sales. Outdoor display and sales areas for supplies and accessory items shall be limited to pump islands. Vending machines may be placed in approved locations outside of structures.

The sale or rental of automobiles, boats, habitable or utility trailers, trucks, and two-wheeled motor vehicles may be allowed only as part of an approved permit. Such activity shall not conflict with other uses on the site, shall be screened, and subordinate to the service station use.

8.    Dead Storage or Refuse. Storage areas and refuse receptacles shall be completely screened from view and shall be of a design consistent with other structures on the site. Any wastes which might be transferred off the property by natural causes or sources, or which might be attractive to rodents or insects, shall be stored in closed containers. Trash enclosures shall be designed consistent with structures on the site.

9.    Landscaping. Landscaping shall comprise a minimum of ten percent of the gross site area, exclusive of any required off-site landscaping improvements such as street trees, slope development, and the like. Landscaping shall be protected by a raised concrete curb or other approved material.

Landscaping shall be located so as not to obstruct necessary sight distances and traffic flow, to offer adjacent residential properties a degree of visual and audio screening, and shall be of such quality as to enhance the site and the surrounding area.

a.    Parkway and driveway planters shall be located along street property lines as appropriate. Planting material shall be low-growing so as not to obstruct the view of drivers and customers; but shall be of sufficient height so as to clearly delineate driveways.

b.    Automatic sprinkler systems shall be required in all landscaped areas.

c.    All landscaping shall be permanently maintained.

10.    Fences and Decorative Screening. Materials, textures, colors, and design shall be compatible with existing and/or proposed structures on the site, with development on adjacent properties, and the neighborhood. Fencing or screening, where bordering residential properties, is limited to six feet in height on that part of the property to the back of the residential setback line, and not more than three and one-half feet to the front of the setback line. Wheel stops shall be required in front of all fences and hedges.

11.    Water, Air. Water and compressed air shall be made available during all business hours.

12.    Restrooms. A restroom shall be made available to customers during all business hours.

13.    Structures, Location. Pump islands shall be at least fifteen feet from a property line or, where abutting a residential district or use, not less than twenty-five feet from the residential property line; and shall be separated from each other by a distance of not less than twenty feet.

14.    Design. Structures, including pump island canopies, shall be individually designed to suit the site, and shall be compatible with surrounding uses and shall have a complete elevation on all four sides of the building.

Reflective, glossy, and fluorescent materials shall not be permitted.

Unless unusual circumstances prevail, lubrication bays shall open to the side or rear of the site.

15.    Operation. Operations conducted out of doors shall be limited to the dispensing of motor vehicle fuel, oil, water, compressed air, the changing of tires and minor servicing. The use shall comply with Zoning Ordinance performance standards.

(Ord. 85-32 § 1, 1985).

24.12.940 CONVERSION OF EXISTING SERVICE STATIONS.

Conversion of full-service service stations to self-service stations shall not occur unless a use permit has been issued pursuant to Part 1, Chapter 24.08, Use Permits, and a design permit pursuant to Part 5, Chapter 24.08, Design Permit, in compliance with provisions of Section 24.12.930 of this part.

(Ord. 85-32 § 1, 1985).

24.12.950 CONSTRUCTION/ ESTABLISHMENT OF MULTIPURPOSE SERVICE STATIONS.

No building permit or other permit shall be issued for the construction or establishment of a multipurpose service station or conversion of existing station to a multipurpose service station unless a use permit is issued pursuant to Part 1, Chapter 24.08, Use Permits, and Part 5, Chapter 24.08, Design Permit.

1.    In addition to those standards established by Section 24.12.930, the following additional standards shall apply to multipurpose service stations:

a.    Parking shall be provided for all existing and approved uses.

b.    Structure(s) proposed for use as part of the multipurpose facility shall be of an appropriate design for the new use proposed.

(Ord. 85-32 § 1, 1985).

PART 11: SINGLE-ROOM OCCUPANCY HOUSING*

*    Editor’s Note: Prior ordinance history: This Part 11 was originally derived from Ord. 93-21 § 11. This part was amended in its entirety, but specifically not repealed, by Ord. 2002-02.

24.12.1000 PURPOSE.

The purpose of these regulations is to allow the development of reduced-size dwelling units, defined as single-room occupancy (SRO) units, with limited parking requirements to provide additional options for affordable housing opportunities.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1010 UNIT SIZE.

The net area of a SRO unit may range from a minimum of one hundred fifty square feet to a maximum of four hundred square feet, with the average unit size being no greater than three hundred forty-five square feet.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1020 PRIVATE FACILITIES.

1.    SRO Units of 220 square feet or more are required to have a kitchen and a full bathroom.

2.    Any area that may be used for food preparation must be defined in building plans and meet the requirements of the State of California Health and Safety Code.

3.    A full bathroom shall contain at least a toilet, sink and bathtub, shower or bath/shower combination.

4.    A partial (or half) bathroom shall have at least a toilet and sink.

5.    All SRO units must have a closet.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1030 COMMON FACILITIES.

SRO projects shall have at least ten square feet of common usable open space per unit however no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

2.    Common Open Spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).

3.    Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units

4.    Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

5.    Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every twenty units or portion thereof or have one kitchen on any floor where units without kitchens are located.

6.    All SRO units must have access to a separate usable storage space within the project.

7.    With the exception of projects that allow only senior residents, projects that have less than one automobile parking space per unit shall provide one easily accessible space for storing and locking a bicycle per unit. For projects that provide one parking space per unit, at least one bicycle storage space for every two units shall be provided.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1040 MANAGEMENT.

1.    An SRO project with twelve or more units shall provide twenty-four-hour on-site management, and include a dwelling unit designated for the manager.

2.    All SRO projects must have a management plan approved by the City of Santa Cruz Director of Planning and Community Development. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

(Ord. 2002-02 § 2 (part), 2002).

Part 12: ALCOHOLIC BEVERAGE SALES

24.12.1100 DEFINITIONS.

a.    As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1.    Low-Risk Alcohol Outlet. A “low-risk alcohol outlet” is a bona fide restaurant, wine-tasting room, brewpub (Type 75), bed and breakfast inn, conference center and similar establishments that include food service but do not include live entertainment except incidental live entertainment or food store where alcoholic beverages are sold.

2.    High-Risk Alcohol Outlet. A “high-risk alcohol outlet” is a retail outlet where alcoholic beverages are sold such as a bar, tavern, liquor store, convenience store, nightclub, banquet facility, and/or premises where live entertainment and/or dancing occurs.

3.    Eating and Drinking Establishment – Bona Fide Restaurant. A “bona fide restaurant” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of serving a variety of meals or menu items to patrons for compensation, and which has (1) suitable kitchen facilities on the premises which contains conveniences for cooking an assortment of foods which may be required for ordinary meals and for which the kitchen must be kept in a sanitary condition and must be in compliance with the local department of health regulations; (2) a primary use of sit-down service to patrons; (3) adequate eating arrangements for patrons on the premises; (4) sale of alcoholic beverages as an incidental use and only when served at tables or counters; and (5) does not include live entertainment except incidental live entertainment. A bona fide restaurant, which includes, but is not limited to, any facility which has obtained a Department of Alcoholic Beverage Control license such as a Type 41 or Type 47, does not include any billiard or pool hall, video arcade, game parlor, card room, gambling establishment, bowling alley, shooting gallery or adult entertainment business; and (6) a minimum of fifty-one percent of the monthly gross receipts shall be from the sale of meals, not to include cover or admission charges, or alcoholic beverages sales, during the same period. The owner/operator may be required to submit certified records or evidence pertaining to the sales of meals and alcoholic beverages to the finance department as part of review of the use permit, upon request by city officials, for the purpose of verifying compliance.

4.    “Incidental live entertainment” is live entertainment with instrumental and vocal music with small personal amplifiers provided for the listening pleasure of patrons, and which does not include karaoke or a disc jockey format or dancing and has an indoor stage/performance area not exceeding eighty square feet.

5.    “Live entertainment” involves music, comedy, readings, dancing, acting or other entertainment performed by one or more persons, whether or not such person or persons are compensated for such performances. This use includes dancing by patrons to live or recorded music.

6.    Nightclub. A “nightclub” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of providing live entertainment, food, and beer and wine or distilled spirits; is considered a public premises which does not allow entrance to any person under twenty-one years of age; does not allow for sale of alcoholic beverages for consumption off the premises and is considered a high-risk alcohol establishment.

(Ord. 2010-02 § 1 (part), 2010).

24.12.1101 SPECIAL USE PERMIT REQUIREMENT FOR HIGH-RISK ALCOHOL OUTLETS.

1.    Special Use Permit Required. In addition to the other requirements set forth in Sections 24.12.1100 through 24.12.1114, on and after the date the ordinance codified in this part becomes effective, no high-risk alcohol outlet, as that term is defined pursuant to Section 24.22.437, whether on-sale or off-sale, shall be established without first obtaining a special use permit from the city of Santa Cruz, in accordance with this part and Chapter 24.08.

2.    Posting Requirement. A copy of the conditions of approval for the special use permit shall be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3.    Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply:

a.    The proposed use complies with all of the mandatory requirements of this section and Section 24.12.1102;

b.    The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in an undue concentration in the area of high-risk establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c.    The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area;

d.    The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area; and

e.    The proposed use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur.

4.    Conditions. The planning commission or city council on appeal may deny any application which is inconsistent with the above-noted findings, or may impose any conditions on the applicant or proposed location reasonably related thereto, or to the health, safety or welfare of the community, in addition to the specific requirements set forth in Section 24.12.1102.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995. Formerly 24.12.1100).

24.12.1102 REQUIREMENTS FOR HIGH-RISK ALCOHOL OUTLETS.

1.    Except as provided in subsection (1)(a) of this section, no high-risk alcohol outlet shall be located within six hundred feet of any other high-risk alcohol outlet (including legal, nonconforming low-risk outlet approved with an administrative use permit that would be considered a high-risk outlet under the ordinance currently in effect), any public educational use zoned P-F, public park with a playground, hospital, medical clinic, alcohol or other drug abuse recovery or treatment facility, or community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six-hundred-foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with playground, the six-hundred-foot distance shall be measured from the periphery of the playground area.

a.    The planning commission, or the city council on appeal, may grant an exception to the six-hundred-foot spacing requirement between high-risk alcohol outlets, except in the case of public educational uses, only if the applicant can establish that any public benefit that could be served by the issuance of the special use permit will outweigh concerns affecting public health and safety. The burden of proof is on the applicant to show that the overall effect will be positive.

2.    A wall or other appropriate buffer may be required around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any of the above-referenced sensitive uses.

3.    Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.

4.    All establishments shall be required to have a public telephone listing and to control incoming phone calls.

5.    The applicant shall be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including but not limited to participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

6.    Employees shall be at least twenty-one years of age to sell and serve alcohol.

7.    The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of a special use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

8.    Special Requirements for On-Sale Establishments.

a.    The sale of alcoholic beverages for consumption off the premises shall be prohibited; and

b.    Special security measures such as security guards and burglar alarm systems may be required.

9.    Special Requirements for Off-Sale Establishments.

a.    The operation of video or any other electronic games shall be prohibited in conjunction with the sale of alcoholic beverages;

b.    If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on the appurtenant common areas may be prohibited;

c.    Exterior public telephones, limited to outgoing calls only, may be located on the premises;

d.    Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

e.    Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

10.    Special Requirements for Establishments with Live Entertainment.

a.    A yearly entertainment permit from the police department must be obtained.

b.    An acoustical study is required to ensure that sound attenuation techniques have been implemented and that noise generated by the facility meets the performance standards in the zoning ordinance.

c.    Security personnel shall be provided on the premises and/or around the perimeter of the property as required by the police department.

d.    Security measures such as additional lighting and/or security cameras may be required.

e.    The maximum occupancy is limited to the number identified by the fire marshal and may be further limited in the use permit based on land use compatibility issues, parking availability and security personnel.

f.    If the public right-of-way is proposed for queuing for patrons, a management plan to control crowds and litter as well as to ensure adequate pedestrian circulation must be made part of the proposal.

g.    Adequate ventilation shall be provided so that openings to the outside can be closed when the facility is at full capacity.

11.    Conditions. The planning commission, or the city council on appeal, may deny any application which is inconsistent with the findings in Section 24.12.1101(3), or may approve said application with reasonable conditions related to the public health, safety or welfare, including but not limited to, those set forth in this section.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1104 ADMINISTRATIVE USE PERMIT REQUIRED FOR LOW-RISK ALCOHOL OUTLETS.

1.    Administrative Use Permit Required. In addition to the other requirements set forth in this part, on and after the effective date of the ordinance codified in this chapter, no low-risk alcohol outlet shall be established without first obtaining an administrative use permit from the city of Santa Cruz, in accordance with Chapter 24.08 and this part.

2.    Posting Requirement. A copy of the conditions of approval for the administrative use permit must be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3.    Findings. In approving an administrative use permit it shall be determined by the hearing body that:

a.    The proposed use complies with all of the requirements of this section and Section 24.12.1106;

b.    The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in a harmful concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c.    The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area; and

d.    The proposed use is consistent with the surrounding neighborhood character.

4.    Conditions. The zoning administrator, or zoning board or city council on appeal, may deny any application which is inconsistent with the above-noted findings, or may approve said application with reasonable conditions related to the public health, safety or welfare, including, but not limited to, those set forth in Section 24.12.1106.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1106 REQUIREMENTS FOR LOW-RISK ALCOHOL OUTLETS.

1.    A wall or other appropriate buffer may be required around parking areas when said area is adjacent to properties zoned or used for residential purposes or to sensitive uses, including, but not limited to, educational uses (public), public parks with playgrounds, and other similar uses.

2.    Exterior lighting of parking areas shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing the surrounding residential or commercial area.

3.    The applicant may be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including, but not limited to, participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

4.    The applicant may be required to have employees be at least twenty-one years of age to sell and serve alcohol.

5.    The zoning administrator, and the planning commission or city council on appeal, shall have the right to impose additional conditions as are necessary or advisable for the protection of the public health, safety and welfare.

6.    All establishments shall be required to have a public telephone listing.

7.    The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of an administrative use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

8.    Special Requirements for Eating and Drinking Establishments.

a.    Food must be available at all hours that the establishment is open for business; however, the full kitchen need not be open or staffed;

b.    Special security measures such as security guards and burglar alarm systems may be required.

9.    Special Requirements for Brewpubs.

a.    Food must be available at all hours that the establishment is open for business; however, the full kitchen need not be open or staffed;

b.    Special security measures such as security guards and burglar alarm systems may be required.

10.    Special Requirements for Off-Sale Establishments.

a.    The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages;

b.    If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on appurtenant common areas may be prohibited;

c.    Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

d.    Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1.    Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to, (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city or redevelopment agency by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city or redevelopment agency, a period of closure for at least two years or six months after the city’s or redevelopment agency’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

2.    Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

(Ord. 2010-02 § 1 (part), 2010: Ord. 2000-19 § 2, 2000: Ord. 98-13 § 2, 1998: Ord. 95-03 § 1 (part), 1995).

24.12.1110 EXISTING USES DEEMED APPROVED.

Any high- or low-risk alcohol outlet lawfully in existence at the time that the ordinance codified in this part becomes effective shall be deemed approved for such use. However, if the planning commission determines, after notice and a hearing in accordance with Sections 24.12.1112 and 24.12.1114, that the failure to adhere to any requirement imposed upon new or expanded uses pursuant to this part is creating a public nuisance, or that such use constitutes a public nuisance in accordance with any other provision of the Santa Cruz Municipal Code, the planning commission may impose additional conditions upon the operation of such use as are necessary to abate the nuisance. Such measures may include, but shall not be limited to, any of the specific requirements set forth herein for new high- or low-risk alcohol outlets, and, if necessary, revocation of the deemed approved status and discontinuance of the use.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1112 MODIFICATION, DISCONTINUATION OR REVOCATION.

Notwithstanding any provision of the Santa Cruz Municipal Code to the contrary, for any use permit granted in accordance with the provisions of this part or any deemed approved use subject to this part, the planning commission may require the modification, discontinuance or revocation of any such use permit or deemed approved use, in accordance with the procedures set forth in Section 24.12.1114, if the zoning board determines that the use as operated or maintained constitutes a public nuisance. Such a determination shall be made if the planning commission determines that any of the following conditions, all of which are hereby declared a public nuisance, exist:

a.    Any condition which has caused or resulted in repeated activities which are harmful to the health, peace or safety of persons residing or working or visiting in the surrounding area, as well as to consumers, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessive loud noises (especially in the late night or early morning hours), traffic violations or traffic safety based upon last-drink statistics, curfew violations, lewd conduct, or police detention and arrests; or

b.    Any condition which violates any provision of this part or any other city, state, or federal regulation, ordinance or statute, where the violation creates a public nuisance.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1114 PROCEDURES, NOTICES, HEARINGS, APPEALS.

1.    The zoning administrator may give notice to the record owner and lessee of the real property affected to appear at a public hearing before the planning commission, at a time and place fixed by the administrator, and show cause why the use should not be modified, discontinued or revoked, as the case may be. A written notice shall be sent by certified mail not less than fourteen days prior to the date of hearing to the owner and lessee of the property involved, and by regular mail or other means to the owners and residents of all property within and outside of the city that is within six hundred feet of the exterior boundaries of the properties involved.

2.    After such notice and hearing, the planning commission may require the modification, discontinuance, or revocation of the subject use. As part of any such action, the planning commission may impose such conditions as the planning commission deems appropriate, including those necessary to protect the best interest of the surrounding property or neighborhood, to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of law.

3.    Any such action shall be supported by written findings, including a finding that the action taken does not impair the constitutional rights of any person. However, the planning commission may require that a use be discontinued or revoked only if the planning commission also finds that:

(a)    Prior efforts to compel the owner or lessee to eliminate the problems associated with the use have failed; and

(b)    That the owner or lessee has failed to demonstrate, to the satisfaction of the zoning board, the willingness and ability to eliminate the problems associated with the use.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1116 ENFORCEMENT.

The city attorney is hereby authorized and directed to enforce all orders issued by the planning commission, and city council on appeal, in accordance with the procedures set forth in Title 4, in addition to any other remedies available by law.

(Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

PART 13: VEHICLE REPAIR IN RESIDENTIAL DISTRICTS

24.12.1200 VEHICLE REPAIR ALLOWED.

Minor and major vehicle repair as defined in this title shall be allowed on any lot in residential districts as provided below:

(1)    Not more than two vehicles registered to or owned by occupants of a dwelling unit on the site where repair is being done shall be undergoing repair at any given time. Not more than six vehicles and not more than two of those six at a time, not owned by or registered to the current occupant of the site where the work is being done, may be repaired per calendar year.

(2)    Minor vehicle repair as defined in Section 24.22.883(2) may be performed outside a fully enclosed building in yard areas visible from the street only when the elapsed time between beginning and completion of the repair does not exceed seven consecutive days. Major vehicle repair as defined in Section 24.22.883(1) shall be performed only on a vehicle that is entirely inside a fully enclosed building or carport.

(3)    Parts and materials used in vehicle repair shall not be stored in the front or side yards visible to the public. Disposal of material related to vehicle repair shall be in accordance with all applicable laws and regulations, including but not limited to Section 24.14.274.

(4)    Minor or major vehicle repair may be allowed as provided by other sections of this title and conditions of permit approvals.

(Ord. 96-03 § 1, 1996).

PART 14: MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES

24.12.1300 SPECIAL USE PERMIT REQUIREMENT FOR MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES.

1.    Special Use Permit Required. Medical marijuana provider association dispensaries, as defined by Section 24.22.539, may be allowed in C-C (Community Commercial), C-T (Thoroughfare Commercial) and I-G (General Industrial) Districts; provided, that they meet the siting criteria and performance standards described below and are so authorized pursuant to the procedures described in Section 24.08.040 for a special use permit. Special use permits shall be limited to no more than two dispensaries operating within the city of Santa Cruz and shall include the following conditions and operating procedures, in addition to the other requirements set forth in Sections 24.10.700 through 24.10.750 (for C-C Districts), 24.10.900 through 24.10.950 (for C-T Districts), and 24.10.1500 through 24.10.1540 (for I-G Districts).

2.    Siting Criteria. Applicants for a special use permit for a medical marijuana provider association dispensary must meet the following siting criteria prior to city consideration of a special use permit application:

a.    The proposed location shall lie within a Community Commercial (C-C), Thoroughfare Commercial (C-T), or General Industrial (I-G) District.

b.    If the proposed location is located within fifty feet of any legal dwelling unit or other residential use, the applicant shall be required to demonstrate to the zoning board that the use would not create an intensity of use that is incompatible with the nearby residential use and that the association would employ security measures that would ensure that the use would not adversely affect the security and safety of the residential uses.

c.    The proposed location shall not be located within six hundred feet of any residential zone district, any other medical marijuana provider association dispensary establishment, any public or private educational establishment serving persons under the age of eighteen years, a public park with a children’s playground, an alcohol or other drug abuse recovery or treatment facility, or any community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six-hundred-foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with children’s playground, the six-hundred-foot distance shall be measured from the periphery of the playground area.

d.    The planning commission, or the city council on appeal, may grant an exception to the six-hundred-foot distance requirement between the medical marijuana provider association dispensary and the above-referenced uses, except in the case of proximity to public educational uses, only if findings are made that the general public benefit that could be served by the issuance of the special use permit would outweigh concerns regarding intensity of use, land use compatibility and public health and safety. The burden of proof is on the applicant to demonstrate that the overall effect would be positive.

3.    Performance Standards. Medical marijuana provider association dispensaries, once permitted, shall meet the following operating procedures and performance standards for the duration of the use:

a.    The association shall meet all the operating criteria for the cultivation, production, acquisition and dispensing of medical marijuana as may be required of the Santa Cruz city council and police department, including security concerns, and/or the county health department or their designee.

b.    The association shall meet all the operating criteria for the cultivation, production, acquisition and dispensing of medical marijuana as required by the city council’s administrative guidelines for the operation of medical marijuana dispensaries and gardens adopted pursuant to Ordinance 2000-06. (See Chapter 6.90, Personal Medical Marijuana Use.)

c.    Dispensaries may possess no more dried marijuana or plants per qualified member patient or caregiver than permitted in strict accordance with state law. The area within the dispensary used for cultivation of marijuana shall be limited to no more than three thousand square feet of ADA-compliant floor area.

d.    No product shall be smoked, ingested or otherwise consumed on the premises.

e.    The hours of operation shall be limited to no more than 7:00 a.m. to 7:00 p.m., Monday through Friday, if located within fifty feet of a residential use, and shall be limited to no more than 7:00 a.m. to 7:00 p.m., seven days per week, if located at a distance greater than fifty feet from a residential use.

f.    Parking shall be provided according to the standard for retail pharmacy use as set forth in Section 24.12.240(aa). In addition to that requirement, whenever feasible, a passenger drop-off and pick-up parking zone shall be provided on the premises or immediately adjacent to the site. In no case shall double-parking by clients, caretakers, visitors or delivery vehicles be permitted.

g.    The association shall prohibit loitering by persons outside the establishment, either on the premises or within fifty feet of the premises.

h.    The association shall provide litter removal services each day of operation on and in front of the premises and, if necessary, on public sidewalks within fifty feet of the premises.

i.    The association shall provide adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.

j.    Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.

k.    Signage for the establishment shall be limited to one wall sign not to exceed twenty square feet in area, and one identifying sign not to exceed two square feet in area; such signs shall not be directly illuminated.

l.    The association shall provide the zoning administrator, the chief of police and all neighbors located within fifty feet of the establishment with the name, phone number and facsimile number of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment. The association shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police department or the zoning administrator.

m.    The association shall post a copy of the conditions of approval for the special use permit on the premises in a place where it may be readily viewed by any member of the general public.

n.    The association shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the zoning board or zoning administrator at the time of issuance of the special use permit in order to ensure that the association will be a good neighbor.

o.    In addition to the required application materials, the association shall submit an operations manual to describe the operation of the facility in conformance with these performance standards and Chapter 6.90, Personal Medical Marijuana Use.

p.    To offset power consumption, the association shall install solar panels to provide as much power as possible for the indoor cultivation of medical marijuana.

q.    No association shall operate for profit. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members towards the association’s actual expenses for the growth, cultivation, and provision of medical marijuana shall be allowed; provided, that they are in strict compliance with state law. All such cash and in-kind amounts and items shall be fully documented and a report of such shall be submitted to the city in accordance with Chapter 6.90.

4.    Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply:

a.    The proposed use complies with all of the mandatory requirements of this section and other applicable sections of this code and applicable policies of the General Plan;

b.    The proposed use will not adversely affect the health, safety or welfare of area residents or businesses, or uses, or will not result in an undue concentration in any one neighborhood or district and will not be located within proximity of an incompatible use, such as a children’s school, day care facility or children’s play area;

c.    The operational characteristics of the proposed use, such as hours of operation, noise, odor, amount and location of parking, signage, loitering and litter, will not have a negative impact upon the surrounding area;

d.    The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area, particularly those used primarily by persons under the age of eighteen;

e.    The proposed use is not located in what has been determined by the Santa Cruz police department to be a high-crime area, where a disproportionate number of police service calls occur, or where there is currently parking congestion; and

f.    The proposed use, as a nonresidential occupancy, shall meet all the building code requirements for such occupancy and, if proposing to locate in a legal dwelling unit, shall comply with all local standards, requirements and provisions for converting dwelling units to nonresidential use.

5.    Conditions. The planning commission, or city council on appeal, may deny any application which is inconsistent with the above-noted findings, or may impose any additional conditions on the applicant or proposed location reasonably related thereto, or to the health, safety or welfare of the community, in addition to the specific requirements set forth in this section.

6.    Violations and Abatement. The zoning administrator may issue a cease and desist order or “stop order” for all activities subject to this special use permit for any establishment deemed by the zoning administrator to be in violation of any condition of approval of the special use permit or to otherwise constitute a public nuisance. The stop order shall be in effect immediately, pursuant to the procedures of Section 24.04.221. Upon issuance of the stop order, the zoning administrator shall schedule a public hearing to consider the revocation of the special use permit pursuant to Section 24.04.225.

(Ord. 2010-15 § 1 (part), 2010; Ord. 2010-08 § 1 (part), 2010: Ord. 2000-12 § 6, 2000).

PART 15: WIRELESS TELECOMMUNICATIONS FACILITIES

24.12.1400 PURPOSE.

The purpose of these regulations is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunications facilities. The regulations contained herein are designed to protect and promote public safety, community welfare, and the aesthetic quality of the city, while at the same time not unduly restricting the development of wireless telecommunications facilities, and not unreasonably discriminating among wireless telecommunications providers of functionally equivalent services in accordance with the guidelines and intent of the Telecommunications Act of 1996.

These regulations are further intended to:

A.    Require the location of new monopoles, towers and antennas in non-residential zoning districts unless technically necessary for provision of the service.

B.    Require wireless telecommunications facilities to be designed in a way to minimize adverse visual impacts.

C.    Encourage co-location of facilities.

D.    Protect the public’s interest in the safe operation of public safety, emergency and medical services.

E.    Protect the public from exposure to electromagnetic frequency or radio frequency radiation in excess of federal standards.

This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1405 DEFINITIONS.

A.    As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1.    “Amateur radio facilities” are antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2.    “American National Standards Institute” or “ANSI” is a private organization that develops widely accepted standards for various modern-day equipment.

3.    “Antenna” is a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

4.    “Base transceiver station” or “BTS” is the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or “site”. The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

5.    “California Public Utility Commission” or “CPUC” is the state-level regulatory agency responsible for regulating wireless telecommunications.

6.    “Cell” is the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

7.    “Cell site” is a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

8.    “Co-location” is a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

9.    “Direct-to-home” generally means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises.

10.    “Facade-mounted antenna” is an antenna that is directly attached or affixed to any facade of building.

11.    “Federal Communications Commission” or “FCC” is the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

12.    “Freestanding monopole” is a structure composed of a single spire used to support communications equipment.

13.    “Ground-mounted” is an antenna with its support structure placed directly on the ground.

14.    Monopole. See “Freestanding monopole.”

15.    “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

16.    “Omni-directional” means an antenna that is equally effective in all directions (360 degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

17.    “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as directional antennas.

18.    “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. This type of installation is sometimes called a freestanding roof mounted antenna.

19.    “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

20.    “Significant gap” is a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

21.    “Stealth facility” is any telecommunications facility, which is designed to blend into the surrounding environment, and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation or trees. Also known as concealed telecommunications facilities.

22.    “Stealth technologies/techniques” are camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

23.    “Telecommunications” is any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

24.    “Telecommunication tower” is a monopole, lattice tower, free standing tower or other structures designed to support antennas.

25.    “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

26.    Whip antenna. See “Omni-directional antenna.”

27.    “Wireless telecommunications facility” is a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a telecommunication facility.

28.    “Wireless telecommunications provider” is any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1410 APPLICABILITY.

A.    These regulations shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, including public streets and alleys, and property owned by any agencies of the city, or by any local, state, or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

B.    These regulations shall not apply to the following facilities:

1.    Amateur (including ham and short-wave) radio facilities on private property provided that the antenna does not exceed sixty-five feet in height or is not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the facility is located, whichever is less.

2.    Amateur (including ham and short-wave) radio facilities on public property provided the facilities do not exceed sixty-five feet in height or are not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the facilities are located, whichever is less.

3.    Wireless telecommunications facilities, which are not licensed by the Federal Communications Commission and are determined by the planning director to have little or no adverse visual impact.

4.    Direct-to-home satellite services smaller than two feet in diameter provided that such facilities are in accordance with other sections of this title.

5.    Any wireless telecommunications facility located on land owned by one of the public entities listed below and operated for the public entity’s public purpose only and not for commercial reasons:

a.    The United States of America or any of its agencies;

b.    The state or any of its agencies or political subdivisions of the state not required by state law to comply with local zoning ordinances.

6.    Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g. county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1415 PERMIT REQUIREMENTS AND FINDINGS.

A.    Any proposed facade-mounted or roof-mounted wireless telecommunications facility that is determined by the zoning administrator to be consistent with all of the requirements of this ordinance, and that incorporates stealth technologies and/or is not visible from public areas, shall require an administrative design permit from the zoning administrator based on the following findings:

1.    The wireless telecommunications facility has demonstrated consistency with Sections 24.12.1430 and 24.12.1435 (as applicable).

2.    The wireless telecommunications facility has been located and designed so as to be compatible with the purpose of Chapter 24.12 Part 15 and the goals and objectives of the General Plan and the Local Coastal Program (if applicable).

3.    The wireless telecommunications facility is in compliance with all FCC and California PUC standards and requirements and with all other applicable requirements of Chapter 24.12 Part 15.

B.    All other wireless telecommunications facilities that do not meet the criteria defined in subsection (A), above, shall require an administrative use permit with a public hearing before the zoning administrator. A design permit with the findings above shall also be required to be made.

C.    In approving an application, the city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to resubmit a revised proposal for further consideration.

D.    Minor modifications to wireless telecommunications facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1420 SUBMITTALS.

A.    In addition to meeting standard application submittal requirements for all proposed wireless telecommunications facilities, the wireless telecommunications provider shall provide the following with their application:

1.    Site Plan. Provide a site plan that shows the location and the relationship of the proposed telecommunications antennas, base transceiver stations, equipment cabinets and buildings and appurtenant structures to the location of existing features of the site including existing structures, roads, landscaping, trees and other significant natural and constructed features and to structures on adjacent properties.

2.    Elevations. Provide elevations of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

3.    Section Drawings. Provide section drawings (elevations) of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

4.    Visual Analysis. Provide a visual impact analysis including before and after photo simulations from various locations and/or angles from which the public would typically view the site, and a map depicting where the photos were taken. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize visibility are not proposed, such approaches to reduce the visibility of the installation would not be effective. The zoning administrator may require the submission of photo overlays, scaled models, renderings, and/or field mock-ups to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.

5.    Existing and Future Facilities Map. Provide a map, to scale, of the wireless telecommunications provider’s existing and planned facilities and service area(s), including information about the location, height and design, coverage, and significant gaps within the city limits and within one mile therefrom.

6.    Miscellaneous and Appurtenant Structures. Provide in all relevant plans all facility related structures and support equipment to be installed. This includes, but is not limited to, the location(s) and method(s) of placement, support, protection, screening, paint and/or other treatments of the antennas, base transceiver stations, equipment cabinets and buildings, cables, and other appurtenances.

7.    Screening Techniques. Provide a report describing the proposed means of visually screening unsightly public views of facilities, including submittals of sample exterior materials and colors of towers, antennas, accessory structures (such as equipment cabinets and structures), and security walls. This statement should include a justification of why the proposed height and visual impact of the wireless telecommunications facility cannot be reduced.

8.    Equipment Inventory. Provide the number, type and dimensions of antennas, equipment cabinets, and related facilities proposed for use by the wireless telecommunications provider. The size of equipment cabinets and related facilities are not required if the cabinets and related facilities are located completely underground or entirely within a building, not including an equipment cabinet.

9.    Structural Engineering Report. Provide a report from a structural engineer, licensed by the state, regarding the number and type of antennas that the proposed or existing structure is designed to support.

10.    Site Selection Process. Provide a report indicating whether, and why, each site identified is essential for completion of the wireless telecommunications provider’s coverage objective and need. This report should describe the site selection process including information about other sites which were considered that could service the same or similar coverage area and the reasons for their rejection.

11.    Co-location. Provide a report indicating whether the facility could be co-located elsewhere and, if not, why co-location is not being proposed. This report should also state the wireless telecommunications provider’s commitment to allow other wireless telecommunications providers to co-locate antennas on their proposed facilities wherever structurally and technically feasible, and to demonstrate how the facilities have been designed to allow co-location of other carriers (if applicable). Additional information may be requested by the zoning administrator to aid in determining whether or not another wireless telecommunications provider could co-locate on/near their facilities if approved.

12.    Federal Communications Commission Compliance. Provide a report prepared by a professional engineer registered in the State of

California: (a) stating the power rating for all antennas and backup equipment proposed; (b) verifying that the system, including the antennas, and associated equipment cabinets/structures, conforms to the non-ionizing electromagnetic radiation (NIER) standards adopted by the Federal Communications Commission (FCC), including operating within its frequency assigned by the FCC; and (c) confirming that operation of the facilities, both individually and cumulatively if located adjacent to other wireless communications facilities, will not exceed all adopted FCC standards. The report should confirm that the proposed wireless telecommunications facility shall be operated in a manner, which complies with the FCC’s regulations regarding signal interference. FCC compliance information should be presented in a concise and easy-to-read format that clearly demonstrates in a non-technical manner the current site conditions, conditions with the proposed project, and FCC thresholds as they relate to all applicable emissions standards.

13.    Easements. Provide information about any necessary easements.

14.    Safety/Security Plan. Provide a report of the proposed measures to ensure that the public would be kept at a safe distance from any NIER transmission source associated with the proposed wireless communications facility, consistent with the NIER standards of the FCC or any potential future superseding standards. The submitted plans must show that the outer perimeter of the facility site (or NIER hazard zone in the case of rooftop antennas) will be posted with bilingual NIER hazard warning signage that also indicates the facility operator and an emergency contact who is available on a twenty-four-hour a day basis and is authorized by the applicant to act on behalf of the applicant regarding an emergency situation.

15.    Maintenance and Monitoring Program. Provide a report to the zoning administrator, which describes in detail the maintenance and monitoring program for the facilities.

B.    The zoning administrator may require the applicant to submit additional documentation, which the zoning administrator deems necessary to evaluate the proposed cell site or facility, including but not limited to the following:

1.    Other Agency Permits and Licenses. Information sufficient to determine that the wireless telecommunications provider has applied for and received all applicable operating licenses or other approvals required by the FCC and California Public Utilities Commission to provide wireless telecommunications within the city.

2.    Alternative Equipment Configuration. The types and range of sizes of antennas and equipment cabinets, which could serve as alternatives for use by the wireless telecommunications provider.

3.    Site Selection Data. Technical data related to the site selection process.

4.    Noise Impact Analysis. Provide noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning units and back-up generators.

5.    Proof of Irrigation Facilities. Written proof of the availability of any required irrigation facilities on-site prior to permit issuance. This may be in the form of a letter from the owner of the land allowing the wireless telecommunications provider the use of required water facilities for landscaping.

6.    Landscape Plan. A landscape plan may be required that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size, and location. This may be required depending on the potential visual impacts of ground-mounted equipment. If deemed necessary by the zoning administrator, an arborist’s report may be also required to verify that the existing landscaping will not be adversely affected by the installation of the facility. The arborist’s report may recommend protective measures to be implemented during construction.

7.    Third-Party Technical Review. The applicant will pay the reasonable actual costs and a reasonable administrative fee for the city to hire an independent qualified radio frequency or electrical engineers to evaluate any technical aspect of the proposed telecommunication facility including, but not limited to, compliance with applicable federal emission standards, feasibility of collocation, need for proposed location and suitability of alternative sites, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternative screening methods or devices. Any proprietary information disclosed to the city or the consultant in confidence (as noted by the applicant) shall, to the extent permitted by law, not be considered a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The city shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1425 LOCATION STANDARDS.

A.    Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the following zoning districts, subject only to exceptions as described in subsection (B).

1.    Single-Family Residence (RS, R-1).

2.    Multiple-Family Residence (RL, RM, RH).

3.    Beach Residential (RT(A), RT(D), RT(E)).

4.    Ocean Front Recreational (OFR).

5.    Flood Plain (FP).

6.    Agriculture (EA-20).

B.    Exceptions to Prohibited Districts. Wireless telecommunications facilities may be sited in the prohibited zoning districts described above with an administrative use permit; provided, that the applicant can demonstrate to the zoning administrator that:

1.    The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and

2.    There are no viable, technically feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

C.    Location preference for wireless telecommunications facilities should be given to the following locations:

1.    Industrial or commercial sites.

2.    Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include, but not be limited to: buildings, telephone and utility poles, signage and sign standards, traffic signals, light standards and flagpoles.

3.    Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

D.    When feasible and in conformance with other provisions of this chapter, wireless telecommunications providers shall be encouraged to locate their wireless telecommunications facilities on publicly owned or controlled property or right-of-way.

E.    Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan.

F.    Wireless telecommunications facilities are prohibited within one thousand feet of any public elementary school.

(Ord. 2009-01 § 1, 2009: Ord. 2004-27 § 1 (part), 2004).

24.12.1430 PREFERRED ANTENNA SITING AND MOUNTING TECHNIQUES.

The following wireless telecommunications facilities and mounting techniques are listed in order of preference:

A.    facade-mounted facilities.

B.    Roof-mounted facilities.

C.    Ground-mounted facilities.

D.    Freestanding monopole facilities.

A.    Facade-Mounted Wireless Telecommunications Facilities.

1.    Facade-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely upon an existing or newly created architectural feature so as to be completely screened from view. Otherwise, antennas should be painted and/or textured to match the wall surface on which it is to be mounted. To the extent feasible, facade-mounted antennas should not be located on the front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight unless stealth techniques will reasonably eliminate visual impacts and are designed to appear as an integral part of the structure. Facade-mounted equipment shall not project more than eighteen inches from the face of the building or other support structure, unless specifically authorized by the zoning administrator.

2.    Facade-mounted antennas shall be camouflaged by incorporating the antennas as part of a design element of the building or by painting and/or texturing to match exterior wall background.

B.    Roof-Mounted Wireless Telecommunications Facilities.

1.    Roof-mounted antennas shall not be allowed when they are placed in locations where they significantly affect scenic views as specified in the General Plan. However, such facilities may be allowed with incorporation of appropriate stealth techniques.

2.    The height of roof-mounted wireless telecommunications facility shall be based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened from residential land uses, or other sensitive land uses such as parks, schools, greenbelt areas or major streets, and on an engineering analysis justifying the height of the proposed wireless telecommunications facility. The zoning administrator may require an independent review, paid for in advance by the applicant, to evaluate the applicant’s request. Factors to be considered are: whether or not another site exists where the standards can be met; whether there is another method of installation that would result in a project that complies with the standards; whether the addition of another wireless telecommunications facility would allow the reduction in height of the proposed facility; and whether there is any other technically feasible method of siting the facility that would reduce the height. If it is determined that a height above the maximum allowed in Section 24.12.1430(B)(6) is necessary, additional screening may be required to mitigate adverse visual impacts.

3.    All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Screening panels may be used to mitigate visual impacts but must be designed to blend with the architecture of the building in terms of scale, material and color. The cost to provide such screening of visual equipment shall not by itself provide justification to allow conspicuous equipment or antennas to remain visible.

4.    All roof-mounted facilities shall be painted with a non-reflective matte finish using an appropriate color that blends with the backdrop. The final choice of colors shall be determined by the zoning administrator on a case-by-case basis, in accordance with this subsection.

5.    Whenever feasible, all rooftop equipment installations shall be set back such that they are not viewed from the adjoining public right-of way. The equipment cabinets, base transceiver stations, cables and other appurtenant equipment, if located on the rooftop of buildings, shall be so located as to be not visible from adjoining public rights-of-way. Roof screening in compliance with this section may be required in cases where equipment is considered a visual impact.

6.    Notwithstanding any other provision of this section, no roof-mounted antennas, including support structures, shall exceed fifteen feet in height above the highest existing roof surface.

C.    Ground-Mounted Wireless Telecommunications Facilities.

1.    The height of ground-mounted antennas shall adhere to the relevant guidelines for roof-mounted antennas as described above in Section 24.12.1430(B).

2.    Ground-mounted facilities shall be painted using non-reflective matte finished shades designed to blend with the backdrop. However, the final choice of colors shall be determined on a case-by-case basis upon determination of the color that best blends into the backdrop. If equipment cannot be painted, adequate screening shall be provided that blends with the predominant architectural design and material of adjacent buildings, including material, finish and texture. A photo simulation may be required to illustrate the blending.

3.    Substantial screening by landscaping shall be used as natural screening to minimize any visual impacts. All proposed vegetation shall be compatible with existing vegetation in the area.

4.    All ground-mounted antennas that are located on undeveloped sites, where allowed, shall be converted to roof- or facade-mounted antennas with the development of the site when technically feasible.

5.    Ground-mounted antennas and related equipment shall not be located in front of main structures and/or along major street frontages where they will be readily visible.

6.    Ground-mounted antennas and related equipment shall not extend over a sidewalk, street or other public right of way, except that ground-mounted antennas and related equipment on streetlight poles, traffic signals, and existing telephone poles may extend over a sidewalk or street, subject to director of public works approval.

7.    Notwithstanding any other provision of this section, no ground-mounted antennas, including support structures shall exceed fifteen feet in height, except as allowed in subsection (C)(6), above.

D.    Freestanding Monopole Wireless Telecommunications Facilities.

1.    Freestanding monopoles shall be located and designed to minimize visual impacts. For example, a monopole could be located in a grove of existing trees so that natural screening or background is provided. Freestanding monopoles in high visibility locations shall incorporate “stealth techniques” to camouflage them as a piece of art/sculpture, a clock tower, flag pole, tree or other interesting, appropriate and compatible visual form. Such stealth installations shall be used when the siting and surrounding environment helps them to blend with the setting. Freestanding monopoles may not be located within the required front yard setback of any property, unless appropriate architectural elements for a “stealth facility” are incorporated in the design of the monopole.

2.    Freestanding monopoles shall be prohibited in the Central Business District and the Coastal Zone Overlay District unless all other types of wireless telecommunications facility structures are considered not technically feasible.

3.    Freestanding monopoles shall generally not be allowed within 1,000 feet of each other except when the cumulative visual impacts are not significant and co-location is not technically feasible.

4.    Freestanding monopoles shall be designed at the minimum functional height required. The height of monopoles shall be reviewed on a case-by-case basis for the visual impact on the neighborhood and community. The zoning administrator may require an independent review through a supplementary report, paid for in advance by the applicant, to evaluate the applicant’s request. Factors to be considered are: whether or not another site exists where a more preferred method of installation could be met; whether the future addition of another wireless telecommunications facility could affect the future height of the proposed facility; and whether there is any other technically feasible method of siting the facility that would reduce the overall proposed height.

5.    Notwithstanding any other provision of this section, no freestanding monopole antennas shall exceed the height required for the zoning district in which it is located.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1435 GENERAL REQUIREMENTS.

The following requirements are applicable to all wireless telecommunications facilities, except for exempt facilities described in Section 24.12.1410:

A.    Visual Effect. All proposed wireless telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible. Measures to achieve this objective may include but are not limited to the following:

1.    The applicant shall use the smallest and least visible antennas feasible to accomplish the owners/operator’s coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within 100 feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

2.    Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. Wireless telecommunications facilities shall not be located on city, state or federal registered historic buildings. When proposed within a designated historic district wireless telecommunications facilities shall be limited to facade-mounted facilities only and integrated architecturally with the style and character of the structure and the district or otherwise made unobtrusive. No wireless telecommunications facility shall be sited such that its design and/or construction will damage a known or sensitive archeological site.

3.    Whenever possible, base transceiver stations, equipment cabinets and buildings, back-up generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope. If this is not feasible, the equipment shall be low profile, screened, fenced, landscaped, painted, or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable) and should be a visually pleasing feature.

4.    All ground-mounted base transceiver stations, equipment cabinets, and utility panels for telecommunications facilities shall be limited to a maximum height of ten feet above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

5.    No advertising signage or identifying logos shall be displayed on wireless telecommunication facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

6.    Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts for all telecommunication facilities. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as Conditions of Approval when determined to be necessary to mitigate adverse visual impacts.

7.    All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The zoning administrator may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review. The use of chain-link fencing is discouraged and the use of razor wire is prohibited.

B.    Landscaping. Landscaping may be required to visually screen wireless telecommunications facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator’s review and approval. Landscaping guidelines include but are not limited to the following:

1.    To the extent feasible, existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations where such vegetation is deemed necessary to provide screening of wireless communications facilities and related access roads.

2.    All trees used in landscaping shall be a minimum of fifteen gallons in size and all shrubs in a minimum of five gallons, unless otherwise approved.

3.    Existing trees and other screening vegetation in the vicinity of the proposed facility and associated access-ways shall be protected from damage both during and after construction.

4.    The applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees acceptable to the zoning administrator in an amount equal to 150 percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the length of the permit.

5.    All landscape design shall meet the water efficiency landscaping requirements of the Municipal Code, including installing or upgrading existing irrigation systems if necessary.

C.    Access Roads. All wireless telecommunications facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed wireless telecommunications facility.

D.    Setbacks. Wireless telecommunication facilities shall comply with all applicable setback regulations of the zoning district in which they are situated.

1.    All setbacks shall be measured from the furthest extent of a wireless telecommunications facility to the closest applicable property line or structure, with the exception of equipment shelters.

2.    Ground mounted or freestanding monopole facilities shall be setback at a distance not less than the height of the structure from any residentially zoned land.

3.    Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure. Underground equipment shelters or cabinets may adjoin property lines, if approved by the building official.

E.    Number of Antennas and Facilities Permitted. The number of antennas allowed per site shall be determined on a case-by-case basis by the zoning administrator with the goal of minimizing adverse visual impacts.

F.    Noise. All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1.    Testing and maintenance activities of wireless telecommunications facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities, which do not generate audible noise, may occur at any time, unless otherwise prohibited by the zoning administrator.

G.    Interference. All wireless telecommunications facilities shall be operated in a manner, which complies with the Federal Communication Commission’s regulations regarding signal interference.

H.    Maintenance and Safety. All wireless telecommunications providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the wireless telecommunications provider for use in case of an emergency.

1.    The design, materials, colors and location of the identification signs shall be subject to zoning administrator’s review and approval. All signs shall be legible from a distance of at least ten feet from the wireless telecommunications facility. No sign shall be greater than two square feet in size.

2.    If at any time a new wireless telecommunications provider takes over operation of an existing wireless telecommunications facility, the new wireless telecommunications provider shall notify the planning and community development department of the change in operation within thirty days and the required and approved signs shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

3.    All wireless telecommunications facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition. This shall include keeping all wireless telecommunications facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

4.    All wireless telecommunications facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:

a.    Within forty-five days of initial operation or modification of a wireless telecommunications facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.

b.    Every wireless telecommunications facility shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission. The wireless telecommunications provider shall hire a professional engineer registered in the State of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the Federal Communications Commission’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the Federal Communications Commission standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the Federal Communications Commission standard, the zoning administrator may schedule a public hearing to consider revocation of the permit. After conducting the hearing, if the hearing body determines that the wireless telecommunications provider has failed to supply the required reports or remains in continued noncompliance, the hearing body may modify or revoke all approvals.

I.    Natural Disaster. All wireless telecommunications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1.    Nonflammable exterior wall and roof covering shall be used in the construction of all above ground equipment shelters and cabinets.

2.    Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3.    The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4.    Wireless telecommunications facility towers shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5.    All connections between various components of the wireless telecommunications facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

6.    Measures shall be taken to keep wireless telecommunications facilities in operation in the event of a disaster.

7.    All equipment shelters and wireless telecommunications facility towers shall be reviewed and approved by the city fire department.

8.    A building permit shall be required for the construction, installation, repair or alteration of all support structures for wireless telecommunications facilities equipment. Wireless telecommunications facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

9.    All reports, certifications and verifications required to be prepared and maintained by this section shall at all times be readily available for public examination and review. To this end, upon the request of any person to the city or any wireless telecommunications provider, the city or provider shall promptly make any such report, certification or verification available for review and/or copying. Reasonable copying cost reimbursement may be required. In addition, the wireless telecommunications provider shall post all current reports, certifications and verifications at the site of the wireless telecommunications facility to which they pertain.

J.    Cessation of Operation On-Site.

1.    Wireless telecommunications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2.    A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

3.    All equipment associated with a wireless telecommunications facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original pre-construction condition. An exception to this subsection may be made by the zoning administrator for an one extension of up to twelve months if the property owner continues to make a good faith attempt to sell or lease the property as a wireless telecommunications facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

4.    Any wireless telecommunications provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator.

K.    Transfer of Ownership. In the event that the original permittee sells its interest in a wireless telecommunications facility, the succeeding carrier shall assume all responsibilities concerning the project and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility.

L.    Co-location. Where technically, legally, and fiscally feasible, co-location of new wireless telecommunications facilities onto existing telecommunications ground-mounted and freestanding monopole towers shall be required. Co-location may require that height extensions be made to existing towers or wireless telecommunications facilities to accommodate additional users, or may involve constructing new multi-user facilities that replace existing single-user capacity towers.

M.    Lighting. The use of exterior lighting shall be manually operated and used only during night maintenance checks and emergencies unless specifically required by the Federal Aviation Administration or other governmental agencies. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety and in all instances be designed so as to avoid glare and illumination of adjacent properties.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1440 NONCONFORMING WIRELESS TELECOMMUNICATIONS FACILITIES.

A.    The wireless telecommunications facility which was approved by the city or legally installed prior to the effective date of this chapter and which does not comply with these regulations on the date of its adoption shall be considered a preexisting legal nonconforming use.

1.    Legal nonconforming wireless telecommunications facilities shall be permitted to remain until the lessor’s lease, including exercised renewals, with the property expires.

2.    Legal nonconforming wireless telecommunications facilities shall not be altered or modified unless approved by the zoning administrator subject to the determination that the alteration or modification will cause the wireless telecommunications facility to be in greater conformance with this chapter.

B.    Wireless telecommunications facilities approved by the city prior to the effective date of this chapter, which comply with the provisions of this chapter, shall be subject to the regulations in this chapter.

C.    A wireless telecommunications facility, approved by the city prior to the effective date of this chapter, that ceases operations for a period of six months or more shall be immediately removed, unless the wireless telecommunications facility complies with the permit requirements found in Section 24.12.1415.

D.    If a wireless telecommunications facility approved by the city after the effective date of this chapter meeting the requirements of this chapter, but it is no longer allowed in its applicable zoning district, the wireless telecommunications facility shall be permitted to remain until such time as the lessor’s lease, including renewals, with the property expires.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1445 COMPLIANCE AND REVOCATION OF APPROVAL.

A.    Should the zoning administrator determine that the wireless telecommunications facility may no longer be in compliance with this chapter, the zoning administrator may, at his/her discretion, schedule a public hearing before the previous decision maker at which time the decision maker may modify or revoke an approval if the decision maker finds that:

1.    The report showing that the wireless telecommunications facility complies with the current Federal Communications Commission radio frequency standards, as required in Section 24.12.1435(H)(4) of this chapter, has not been submitted to the zoning administrator.

2.    The wireless telecommunications facility fails to comply with the requirements of this chapter as they exist during the compliance review, and the wireless telecommunications provider has failed to supply assurances acceptable to the zoning administrator that the facility will be brought into compliance within ninety days.

3.    The wireless telecommunications provider has failed to comply with the conditions of approval imposed.

4.    The wireless telecommunications facility has not been properly maintained as defined in this ordinance.

5.    The wireless telecommunications provider has not agreed in writing to upgrade the wireless telecommunications facility within six months to minimize the facility’s adverse visual impact to the greatest extent permitted by the technology that exists during the compliance review. The zoning administrator, with the aid of an independent industry expert, shall determine if a new technology shall further minimize a facility’s adverse visual impact and if a facility shall be required to be upgraded. A wireless telecommunications facility shall not be upgraded unless it shall continue to comply with the requirements of this chapter, as they exist at that time.

Notwithstanding the foregoing, no public hearing to schedule modification or revocation pursuant to this section shall be calendared until the zoning administrator has first provided a written notice to the wireless telecommunications provider including with reasonable specificity: (a) the nature of the deficiency or violation; (b) a reasonably ascertainable means to correct such deficiency or violation; and (c) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than thirty days from the date of notification or such lesser period as may be warranted by virtue of a public emergency.

B.    The decision to modify or revoke may be appealed pursuant to Section 24.04.180 of this code.

C.    An approval for a wireless telecommunications facility may be modified or revoked as described in this section.

D.    The terms of this section shall not apply to preexisting legal nonconforming wireless communications facilities.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1450 CHANGE IN FEDERAL OR STATE REGULATIONS.

All wireless telecommunications facilities shall meet the current standards and regulations of the Federal Communications Commission, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless telecommunications providers. If such standards and regulations are changed, the wireless telecommunications provider shall bring its facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring wireless telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the wireless telecommunications provider’s expense.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1455 INDEMNITY AND LIABILITY.

A.    The wireless telecommunications provider shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers or employees to attack, set aside, void or annul the approval of the project, unless such claim, action or proceeding is based on the city’s negligence or misconduct. The city shall promptly notify the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the city from participating in a defense of any claim, action or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith.

B.    Wireless telecommunications providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their wireless telecommunications facilities within the city. This liability shall include responsibility for clean-up, injuries or damages to persons or property. Additionally, wireless telecommunications providers shall be responsible for any sanctions, fines or other monetary costs imposed as a result of the release of pollutants from their operations.

C.    Wireless telecommunications providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the current Federal Communication Commission’s standards.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1460 REVIEW OF ORDINANCE.

A.    Wireless telecommunications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter obsolete. The city shall review this ordinance at least once every five years from the date of adoption.

B.    Whenever a wireless telecommunications facility provider applies to locate a significantly different type of technology in the city, the city shall review this chapter for its applicability prior to the approval of the placement and/or design of the new technology.

C.    The city shall review, and may revise, this chapter after a change to the Federal Communication Commission’s regulations, which states that local governments may regulate wireless telecommunications facilities based on their health effects.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1465 SEVERABILITY.

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

(Ord. 2004-27 § 1 (part), 2004).

Part 16: SMALL OWNERSHIP UNIT HOUSING

24.12.1500 PURPOSE.

The purpose of these regulations is to provide additional options for affordable ownership housing by providing incentives for the development of reduced-size ownership dwelling units, defined as small ownership units (SOU).

(Ord. 2006-18 § 1 (part), 2006).

24.12.1510 DEFINITION.

“Small ownership unit” or “SOU” is a dwelling unit containing no more than one bedroom and floor area ranging from four hundred to six hundred fifty square feet, located on a separate subdivided parcel and included in a residential development where all dwelling units are SOU units and are offered for sale to the general public.

(Ord. 2006-18 § 1 (part), 2006).

24.12.1520 DEVELOPMENT STANDARDS.

1.    Density. SOU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to SOU units.

2.    Unit Size. The floor area of SOU units may range from a minimum of four hundred square feet to a maximum of six hundred fifty square feet.

3.    Unit Configuration. SOU units may have a maximum of one bedroom. No additional separate enclosed rooms with doors, except for bathrooms, shall be allowed in SOU units.

4.    Open Space. A residential project comprised of SOU units shall contain at least one hundred fifty square feet of usable open space per SOU unit. This requirement may be met by any combination of private and/or common open space. Common landscaped areas less than ten feet wide shall not be included in usable open space.

5.    Storage Facilities. All SOU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3, Chapter 24.12.

6.    Bicycle Parking. One Class 1 bicycle storage facility shall be provided for each SOU unit. The required private usable storage space provided for each SOU unit may be utilized to meet this requirement.

7.    Covered Parking. Covered parking is not required.

(Ord. 2007-21 § 1, 2007: Ord. 2006-18 § 1 (part), 2006).

24.12.1530 COVENANTS, CONDITIONS, AND RESTRICTIONS.

1.    All projects comprised of SOU units shall be common interest developments as defined by Section 1351 of the California Civil Code.

2.    Prior to approval of a final map for a residential project comprised of SOU units, the city attorney and director of planning and community development shall review the project’s covenants, conditions, and restrictions to ensure that they conform to the requirements of this section. The approved covenants, conditions and restrictions shall be recorded against the residential project concurrently with recordation of the final map.

3.    Covenants, conditions, and restrictions for a residential project comprised of SOU units shall conform with all provisions of state law, including requirements for maintenance reserves, and shall in addition include the following provisions:

a.    Prohibition on the use of garages and carports for any use other than parking moving vehicles and other uses specifically identified in the approved plans;

b.    Prohibition on rental of more than fifty percent of the SOU units in the residential project;

c.    Requirement that any SOU unit that is rented be managed by a single management company designated by the homeowners association to manage all rental units in the residential project; and

d.    Requirement that the homeowners association submit an annual report to the city identifying all rental units; verifying compliance with restrictions on the use of garages and carports; and identifying the management company responsible for managing all rental units in the development.

4.    SOU developments may be located in the following zoning districts:

a.    R-T(C) Subdistrict C – Beach Commercial;

b.    C-C Community Commercial District;

c.    CBD Subdistrict E – Lower Pacific Avenue;

d.    Central Business District (CBD).

(Ord. 2008-14 § 4, 2008: Ord. 2006-18 § 1 (part), 2006).

Part 17: EMERGENCY SHELTERS

24.12.1600 PURPOSE.

The purpose of these regulations is to provide a definition and development standards for emergency shelters. The regulations contained herein are designed to make such uses compatible with surrounding uses.

(Ord. 2012-01 § 1 (part), 2012).

24.12.1610 DEFINITION.

An “emergency shelter” is housing with minimal supportive services that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay. However, emergency shelter providers are not obligated to accept individuals if the shelter is at its approved capacity.

(Ord. 2012-01 § 1 (part), 2012).

24.12.1620 DEVELOPMENT STANDARDS.

Emergency shelters shall comply with the underlying development standards of the zoning district in which they are located. In addition, the following standards shall be met:

1.    Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

2.    Security. Facility shall have city accepted on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

3.    Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

4.    Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.

5.    Emergency Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:

a.    Temporary shelter shall be available to residents for no more than six months.

b.    Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c.    The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, police and other appropriate departments prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning and community department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.

6.    Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

7.    Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.

8.    Bicycle Parking. The shelter shall provide secure bicycle parking at a rate of one space per three occupants.

9.    Bed Space. The number of beds or persons permitted to be served by the facility will be limited by the standards set forth in this section and other applicable sections of the zoning and building codes.

10.    Laundry facilities shall be provided for shelters with ten or more beds.

(Ord. 2012-01 § 1 (part), 2012).