Chapter 17.52
STANDARDS FOR SPECIFIC LAND USES

Sections:

17.52.010    Purpose and Applicability

17.52.020    Animal Keeping

17.52.030    Auto Restoration and Sale, Collectible Cars

17.52.040    Bed and Breakfast Inns (B&Bs)

17.52.050    Day Care Facilities

17.52.060    Commercial Recreation Facilities – Indoor

17.52.070    Condominium Conversions and Common Interest Subdivisions

17.52.080    Convenience and Liquor Stores

17.52.090    Drive-Through Facilities

17.52.100    Emergency Shelters

17.52.110    Garage Sales

17.52.120    Home Occupations

17.52.130    Live-Work Units

17.52.140    Mechanical and Electronic Games and Game Centers

17.52.160    Mixed-Use Projects

17.52.170    Mobile/Manufactured Homes and Mobile Home Parks

17.52.180    Multi-Family Projects

17.52.190    Outdoor Displays and Sales

17.52.200    Outdoor Storage

17.52.210    Recycling Facilities

17.52.220    Residential Accessory Buildings, Structures, and Uses

17.52.230    Residential Second Units

17.52.240    Senior Housing Projects

17.52.250    Service Stations

17.52.251    Short-Term Rental

17.52.252    Short-Term Rental License

17.52.260    Timeshare Projects

17.52.270    Wind Turbines

17.52.010 Purpose and Applicability

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

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

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

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

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

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

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

17.52.020 Animal Keeping

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

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

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

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

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

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

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

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

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

17.52.030 Auto Restoration and Sale, Collectible Cars

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

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

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

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

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

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

5.    Outdoor display or storage of vehicle may occur.

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

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

17.52.040 Bed and Breakfast Inns (B&Bs)

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

B.    Development standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.    Health Officer;

2.    Building Official;

3.    Fire Marshal; and

4.    Crime Prevention Officer.

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

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

2.    Upon transfer of ownership; or

3.    Upon receipt of substantial complaints.

17.52.050 Day Care Facilities

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

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

C.    Standards for large family day care homes. As required by state law, a large family day care home shall be approved if it complies with the following standards:

1.    Location requirements. In order to avoid the concentration of intensive, nonresidential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within 500 feet of an existing large family day care home or child day care center. In no case shall a residential property be directly abutted by a large family day care center on two or more sides.

2.    Parking, drop-off area.

a.    At least two off-street parking spaces shall be provided exclusively for dropping off and picking up children. The driveway may be used for the off-street parking required by Section 17.34.040 (Number of Parking Spaces Required) for a single-family dwelling, if the parking will not obstruct drop-off and pick-up areas or block a sidewalk or other public access. Alternative parking and drop-off arrangements may be required by the review authority based on traffic and pedestrian safety considerations.

b.    A home on a street with a speed limit of 30 miles per hour or greater shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3.    Outdoor activity areas.

a.    A side or rear setback area intended for day care use shall be enclosed with a fence or wall.

b.    Outdoor recreation equipment over eight feet in height shall not be located within a required side setback and shall be set back a minimum of five feet from a rear property line.

4.    Noise. Noise generated from the large family day care home shall not exceed the standards of the City’s Noise Ordinance.

5.    Additional standards. Each large family day care home shall comply with applicable building and fire codes, and standards adopted by the state, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2).

D.    Standards for child day care centers.

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

2.    Parking and loading.

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

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

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

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

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

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

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

17.52.060 Commercial Recreation Facilities – Indoor

A.    Applicability. Indoor commercial recreation facilities shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards). Mechanical and electronic games and game centers shall comply with the standards under Section 17.52.140.

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

C.    Operating requirements.

1.    Hours of operation.

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

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

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

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

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

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

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

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

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

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

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

17.52.070 Condominium Conversions and Common Interest Subdivisions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.52.080 Convenience and Liquor Stores

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

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

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

D.    On-site facility requirements.

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

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

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

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

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

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

F.    Property maintenance.

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

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

G.    Security.

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

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

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

17.52.090 Drive-Through Facilities

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

B.    General standards.

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

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

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

1.    Aisle design.

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

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

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

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

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

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

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

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

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

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

17.52.100 Emergency Shelters

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

B.    Limitations on location.

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

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

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

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

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

1.    Determine the nature of the proposal;

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

3.    Offer specific comments and direction.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.    Adequate storage for personal belongings shall be provided.

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

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

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

a.    Security.

b.    Staff training.

c.    Neighborhood relations.

d.    Pet policy.

e.    Client intake process.

f.    List of services provided.

g.    Facility maintenance.

h.    Refuse control.

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

j.    Anti-discrimination policies.

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

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

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

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

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

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

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

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

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

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

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

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

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

H.    Inspections and monitoring.

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

a.    Health Officer;

b.    Building Official;

c.    Fire Marshal; and

d.    Crime Prevention Officer.

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

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

17.52.110 Garage Sales

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

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

C.    Standards. A garage sale shall be:

1.    Limited to a maximum of two consecutive days;

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

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

17.52.120 Home Occupations

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

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

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

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

a.    Art and craft work (ceramics, painting, photography, sculpture, etc.);

b.    Tailors, sewing, etc.; and

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

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

a.    Adult entertainment activities/businesses;

b.    Animal hospitals and boarding facilities;

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

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

e.    Dismantling, junk, or scrap yards;

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

g.    Medical clinics, laboratories, or doctor’s offices;

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

i.    On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;

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

k.    Welding and machine shop operations;

l.    Wood cutting businesses; or

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

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

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

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

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

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

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

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

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

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

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

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

11.    Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

12.    Home occupation renewal. A Home Occupation Permit shall be valid for a period of two years. To remain valid after the two-year period, the applicant is responsible for applying for an extension to the Home Occupation Permit. Failure to obtain an extension will result in the permit becoming null and void.

17.52.130 Live-Work Units

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

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

C.    Ground-floor street frontage.

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

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

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

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

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

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

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

E.    Parking and services.

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

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

17.52.140 Mechanical and Electronic Games and Game Centers

A.    Purpose. The purpose of this chapter is to set forth guidelines for the location, positioning, and regulation of mechanical and electronic games and game centers to ensure that the games and game centers operate without adverse consequences so as to preserve the public health, safety, and welfare of the City.

B.    Definitions. For the purposes of this Title, the following terms shall have the meanings set out in this section:

1.    Mechanical or electronic game. Any machine, apparatus, contrivance, appliance, or device which may be operated or played upon the placing or depositing therein of any coin, check, slug, ball, or any other article or device, or by paying therefor either in advance of or after use, involving skill in its use, including, but not limited to, tape machine, pool table, pinball machine, bowling game machine, shuffleboard machine, marble game machine, horse racing machine, basketball game machine, electronic video game, or any other similar machine or device.

2.    Mechanical or electronic game center. Any establishment with three or more mechanical and/or electronic games.

C.    Location. No mechanical or electronic game center shall be located on any street other than a major thoroughfare or within a shopping center.

D.    Noise. The operation of any mechanical or electronic game and consequent activities shall not cause the outdoor noise level to exceed 65 decibels measured directly outside of the establishment.

E.    Security. The manager(s) of each center shall provide the necessary surveillance so as to prevent the creation of an unfavorable environment.

F.    Hours of operation.

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

2.    All mechanical or electronic game centers shall be open to business no later than 10:00 p.m. on all days preceding school days and not later than midnight on all other days.

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

H.    Conditional Use Permit.

1.    All Conditional Use Permits granted for mechanical or electronic game centers shall be valid for a period of one year. The Conditional Use Permit may be reissued annually by the Planning Commission after the Commission has reviewed the operation of the game center and has made the following findings:

a.    All the conditions of approval of the Use Permit have been met within the required period of time.

b.    There have been no violations of this Code.

c.    The game center has caused no significant adverse effect on surrounding business and/or residential neighborhoods or on the community as a whole.

2.    The Conditional Use Permit may be revoked any time when the conditions of approval or the provisions of this Title have not been met.

I.    Compliance with other laws. Neither this chapter nor any provisions herein contained shall include or apply to any act which is made a public offense by the Penal Code of the state of California, or by any other law of the state of California or of the United States Government; nor shall this chapter or any provision herein contained authorize or permit or be construed as authorizing or permitting the keeping, maintaining, possessing, using, or operating in the City of any contrivance or device otherwise prohibited by law.

J.    Public nuisance. In addition to criminal penalties provided for in this Code, a violation of any provision of this chapter, or any condition caused or permitted to exist in violation of the provisions of this chapter shall and is deemed and declared to be a public nuisance and may be abated as such by the City.

17.52.160 Mixed-Use Projects

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

B.    Location standards.

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

a.    Broadway Avenue between Terrace and Del Monte Boulevard;

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

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

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

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

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

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

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

D.    Development standards.

1.    Minimum site area. The minimum site area for a mixed-use project is 8,000 square feet; provided, that while mixed-use development is an innovative means of attracting quality commercial development, a particular parcel, especially a smaller parcel and/or nonconforming lot, may not be able to achieve the level of quality intended by this section. In those instances, consolidation of small lots should be pursued to achieve the intent of this section.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.    Protected and covered entryways.

10.    Signage integrated into the design of the buildings.

17.52.170 Mobile/Manufactured Homes and Mobile Home Parks

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

B.    Mobile home outside of a mobile home park.

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

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

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

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

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

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

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

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

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

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

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

c.    Public utility and public service uses and structures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.52.180 Multi-Family Projects

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

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

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

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

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

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

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

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

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

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

G.    Private streets.

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

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

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

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

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

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

L.    Public utility facilities and hookups.

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

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

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

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

M.    Fire protection.

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

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

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

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

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

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

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

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

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

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

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

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

W.    Property owners association.

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

a.    Articles of incorporation;

b.    Declaration of covenants, conditions and restrictions; and

c.    Bylaws.

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

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

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

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

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

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

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

TABLE 4-1 – MULTI-FAMILY PROJECT OPEN SPACE REQUIREMENTS

Project Size

Minimum Common Open Space Required

Minimum Private Open Space Required

 

2 to 4 units

200 sf

150 sf for each unit

5 to 10 units

500 sf

11 and more units

100 sf per unit

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

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

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

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

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

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

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

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

17.52.190 Outdoor Displays and Sales

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

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

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

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

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

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

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

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

C.    News and flower stands.

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

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

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

2.    Design and construction requirements.

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

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

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

4.    Signs.

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

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

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

D.    Outdoor cooking and dining areas.

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

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

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

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

17.52.200 Outdoor Storage

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

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

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

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

17.52.210 Recycling Facilities

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

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

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

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

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

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

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

1.    Location requirements. A small collection facility shall:

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

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

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

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

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

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

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

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

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

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

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

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

6.    Parking requirements.

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

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

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

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

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

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

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

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

6.    Operating standards.

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

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

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

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

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

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

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

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

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

17.52.220 Residential Accessory Buildings, Structures, and Uses

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

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

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

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

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

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

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

3.    Distance between buildings. An accessory building shall be at least five feet from any dwelling on the same lot or an adjacent lot.

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

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

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

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

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

J.    Accessory structures and uses.

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

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

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

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

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

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

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

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

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

(1)    Within a required front setback;

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

(3)    Within a utility easement.

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

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

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

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

(4)    Lot coverage. Tennis and other recreational courts shall be exempt from any lot coverage limitations of the applicable zone.

17.52.230 Residential Second Units

A.    Applicability. Residential second units shall comply with the requirements of this section, where allowed by Article 2 (Zones, Permitted Land Uses, and Zoning Standards) and Government Code Section 65852.2. An application for a second unit that complies with the standards of this section shall be approved ministerially, without discretionary review or a public hearing.

B.    Limitation on number of units. No more than one second unit shall be approved on a single parcel.

C.    Minimum site area. A parcel proposed for a second unit shall be a minimum of 6,000 square feet.

D.    Relationship to primary use.

1.    Size, style. A second unit shall be incidental and subordinate to the primary single-family residential use of the site in terms of size, location, and appearance, and shall not alter the character of the primary structure. The architectural style, exterior materials, and colors of the second unit shall be compatible with the primary dwelling unit.

2.    Timing of construction. A second unit may be constructed simultaneously with or after the primary dwelling. In addition, an existing dwelling that complies with the design standards for second units in Subsection E of this section may be considered a second unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

E.    Second unit design standards. A second unit shall comply with the following standards:

1.    Height limit. A second unit shall be limited to 18 feet and one story. A second unit located over a garage may be allowed a maximum height of 22 feet with Minor Use Permit approval.

2.    Setbacks. An attached second unit shall comply with the setback requirements of the primary dwelling for the applicable zone. A detached second unit shall comply with the setback requirements of detached accessory structures under Subsection 17.52.220.E (Setback requirements). No second unit may be permitted above a detached garage unless the unit complies with the following setback standards:

a.    The second unit shall maintain a minimum 10-foot setback from a side and rear property line.

3.    Maximum floor area.

a.    The floor area of a second unit shall not exceed 640 square feet or 40 percent of the floor area of the living area of the primary dwelling, whichever is less.

b.    For purposes of computing the floor area of a second unit that is detached from the primary unit, all enclosed areas accessed from within the second unit shall be included.

c.    An on-site enclosed storage area, or garage of up to 400 square feet, shall not be included when calculating the floor area of the second unit; provided, that no internal doorway or passage connects the storage or garage and the second unit.

4.    Separate entrance required. An attached second unit shall have an entrance separate from the entrance to the primary dwelling.

5.    Window placement. A second unit that is placed 20 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit. A second unit that is two stories or located over a garage shall not have windows or balconies that directly face a neighboring yard. This limitation applies only to side yards, not to windows or balconies facing alleys.

6.    Site coverage. Total site coverage by structures and impervious surfaces shall not exceed 50 percent of the net site area or the maximum coverage allowed by the applicable zone, whichever is less.

F.    Off-street parking requirements. At least one off-street paved parking space shall be provided for a second unit or carriage house in addition to the parking required for the primary dwelling by Chapter 17.34 (Parking and Loading). The parking space shall comply with the location and design requirements of Chapter 17.34, except that off-street parking spaces designated for residential second units may be located within the required interior side or rear property setback areas or in a tandem parking configuration in compliance with Chapter 17.34 (Off-Street Parking).

17.52.240 Senior Housing Projects

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

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

C.    Processing requirements.

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

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

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

D.    Design and development standards.

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

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

E.    Operating requirements.

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

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

17.52.250 Service Stations

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

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

C.    Limitations on location.

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

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

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

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

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

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

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

1.    Site access and driveways.

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

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

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

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

2.    Setback requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G.    Facility operating standards.

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

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

3.    Vehicle parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale.

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

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

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

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

4.    Prohibited uses. The following uses are prohibited:

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

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

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

17.52.251 Short-Term Rental

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

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

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

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

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

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

6.    Residential property. Any dwelling unit, except those dwelling units lawfully established as second units established pursuant to Chapter 17.12 or as part of a bed and breakfast inn, motel, hotel, timeshare development, or other transient use.

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

8.    Nonhosted short-term rental. A dwelling unit that is offered for transient occupancy where the owner or shared ownership interest does not occupy the dwelling offered for transient occupancy as his or her principal residence.

9.    Guest. The overnight occupant(s) renting the short-term rental for a specified period of one day and no longer than 30 days and the visitors of the overnight occupants.

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

11.    Transient. A period of not less than one day and one night nor more than 30 consecutive calendar days.

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

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

14.    Transient use site and transient use. Property occupied and used for transient or short-term rental purposes.

15.    Use. The purpose for which land or premises of a building thereon is designed, arranged or intended, or for which it is or may be occupied or maintained.

Transient use of residential property for remuneration is prohibited except (1) as otherwise expressly licensed by this title, or (2) when such use is licensed by a transient use license issued in accord with Section 17.52.252.

B.    Liability and enforcement.

1.    Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager or otherwise who uses, arranges, or negotiates for the use of, or allows the use of, residential property in violation of the provisions of this chapter is guilty of an infraction subject to an administrative citation for each day in which such residential property is used, or allowed to be used, in violation of this chapter.

2.    Violations of this section shall be treated as a public nuisance and strict liability offense regardless of intent.

3.    A violation of any provision of this section by any of the guests, owners or operators shall constitute grounds to suspend or revoke a short-term rental license. (Ord. 1053 § 2, 2018)

17.52.252 Short-Term Rental License

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

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

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

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

B.    Definitions. The terms “person,” “owner,” “owner representative,” “local contact person,” remuneration,” “residential property,” “hosted short-term rental,” “nonhosted short-term rental,” “guest,” “Good Neighbor Brochure,” “transient,” “responsible tenant/guest,” “transient use of residential property,” “transient use site,” “transient use,” and “use” as used in this chapter are given the same definition as those definitions set forth in Section 17.52.251.

C.    Allowed use.

1.    Transient use of residential property for remuneration is allowed pursuant to Section 17.52.251 or this chapter; provided, that a separate short-term rental license has first been granted and validly maintained for each transient use site.

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

3.    For the purposes of this section the City recognizes and sets discrete requirements for each of two different classes of short-term rental licenses. These are hosted short-term rental and nonhosted short-term rental.

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

5.    For each initial short-term rental license, and each license renewal, the applicant and each property owner shall submit an inspection report that provides and verifies information, in the form and manner required by the City and the Chief Building Official, to ensure the property is safe and habitable for its intended use, including verification of adequate egress from sleeping quarters and common areas, installation of accessible fire extinguishers, and a carbon monoxide alarm on each level, and that the property exists in accord with appropriate land use and building licenses.

6.    The owner or owner representative shall cause notice of the application or any license renewal, and of any hearing on the application or renewal, to be posted and mailed to notify neighbors within 100 feet of the short-term rental licensed site. The notice shall include a statement of the maximum number of guests licensed to stay in the short-term rental.

D.    Short-term rental license caps. All short-term rentals found to be in existence prior to April 10, 2018, are hereby approved for the period of one year from the effective date of the ordinance codified in this section.

In years 2019 and beyond the City Council may establish the maximum allowable number of hosted and nonhosted short-term rental licensees annually by resolution at the second regularly scheduled City Council meeting in July and, in doing so, will project forward the maximum allowable number of nonhosted short-term rental licenses for a period not to exceed three years.

E.    Limits on transient use. Transient use of residential property for remuneration allowed by Section 17.52.251 or this section shall be subject to each and every limitation in this section:

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

a.    The owner;

b.    The owner representative; and

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

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

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

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

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

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

a.    Owner or owner representative name and telephone number;

b.    Local contact person name and telephone number;

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

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

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

f.    A copy of City of Seaside noise regulations;

g.    A copy of the Good Neighbor Brochure; and

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

7.    The transient use site:

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

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

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

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

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

10.    The maximum number of occupants aged 18 or older authorized to stay overnight at any transient use site shall be determined by the City Building Official.

11.    Each designated on-site parking space at a nonhosted transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site.

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

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

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

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

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

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

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

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

3.    The date of expiration of such license;

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

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

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

J.    Application – First license. Each short-term rental license shall be in the name of the owner of the real property upon which the short-term rental use is to be licensed and shall be valid until June 30, 2019. When a person first makes an application for a license pursuant to this section, such person shall furnish to the City a sworn affidavit upon a form provided by the City setting forth the following information:

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

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

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

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

3.    The owner and applicant shall maintain a City business license at all times, and shall agree to collect and remit transient occupancy taxes on all gross receipts pertaining to the transient use site;

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

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

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

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

The applicant shall remit all required annual fees in accord with the master fee schedule set by City Council resolution. The applicant shall agree to renew and/or amend the license in accord with the requirements of this section, and if there is a change in any material fact stated in the application.

K.    Renewal of license.

1.    In all cases, the applicant for the renewal of a license shall submit to the City on or before July 1, 2018, an application for renewal containing a sworn affidavit upon a form to be provided by the City setting forth such information concerning the applicant’s transient occupancy activity during the preceding calendar year as may be required by the City to enable the City to verify the amount of the transient occupancy tax paid by said applicant pursuant to the provisions of this section.

2.    The applicant shall remit the annual license fee as set by resolution at the same time as the renewal application. The applicant shall submit an annual sworn affidavit affirming that smoke detectors are installed and maintained on all levels in all sleeping quarters and common areas and that fire extinguishers are accessible, and a carbon monoxide alarm is installed on each level. The applicant shall provide access and information to the Inspector as may be needed to ensure health and safety for guests of the transient use site, in order to verity adequate egress from sleeping quarters and common areas, and installation of accessible fire extinguishers, and a carbon monoxide alarm on each level.

L.    Change to license information.

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

2.    In the event that the transient use site ownership transfers to an immediate family member by means of a gift or testamentary transfer, the new owner of the property shall also acquire ownership of the existing short-term rental license until its expiration without paying additional fees. The new property title owner shall, within 14 days of transfer of ownership of the transient rental site, update the information provided on the license issued.

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

N.    Statement and records. No statement shall be conclusive as to the matters set forth therein, nor shall the filing of such statement keep the City from collecting by appropriate action taxes and/or fees that are due and payable hereunder. In the event that the City deems it necessary, the City may require that an already licensed owner, or applicant for a license, submit verification of financial information necessary to calculate the transient occupancy tax due, or, at the option of the already licensed owner or applicant, authorize the City to examine records or business transactions to compute the transient occupancy tax that is owed. In addition, an owner or applicant is required to furnish proof and affidavit that the subject property was used as a short-term rental 12 months prior to April 10, 2018.

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

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

Transient occupancy tax collected for short-term rentals shall be set aside in a separate fund account.

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

R.    Additional power of City. In addition to all other power conferred upon the City, the property owner/applicant shall have the power, for good cause shown:

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

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

S.    License nontransferable – Changed location. No license issued pursuant to this section shall be transferable to any other person or location, except as noted in Section 17.52.252.L.2.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

W.    Liens. Whenever the amount of any penalty forfeiture and/or administrative cost imposed by a Hearing Officer pursuant to this section or to Section 2.58.170 has not been satisfied in full within 90 days and/or has not been successfully challenged by a timely writ of mandate, this obligation shall constitute a lien against the real property on which the violation occurred, and be subject to the processes set forth in Section 2.58.170. (Ord. 1053 § 3, 2018)

17.52.260 Timeshare Projects

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

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

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

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

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

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

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

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

7.    Timeshare use. A timeshare project.

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

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

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

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

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

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

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

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

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

(3)    A conceptual landscape and signage plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

F.    Development standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

I.    Conditions of approval.

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

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

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

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

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

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

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

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

c.    The adequacy of proposed landscape and signage plans;

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

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

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

17.52.270 Wind Turbines

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

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

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

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

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

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

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

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

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

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