The regulations specified for this title shall be subject to
the general provisions and exceptions in this chapter.
(Prior code § 25-175)
The purpose of this section is to permit individual commercial
businesses within an integrated development to hold special promotional
events or sidewalk sales. These sales shall require an application
for a special event permit which shall be completed, fee submitted
and the request approved by the planning division prior to the scheduled
event.
(1)
Requests shall be made in writing and submitted a minimum of fourteen
(14) days prior to the proposed event. Applications shall include:
(A)
Written authorization for the event from the property owner or agent;
(B)
A statement containing the event dates and hours;
(C)
A site plan showing location of displays and merchandise in relation
to the building(s) and parking areas;
(D)
Type and location of temporary signage, if any;
(E)
Emergency contact name and telephone number for the individual(s)
coordinating the event;
(F)
Fee of fifteen dollars ($15) for each application.
(2)
A maximum of eight (8) events per calendar year shall be allowed
for each business address. Each event shall not exceed three (3) consecutive
days.
(3)
In addition to the eight (8) three (3) day events permitted by subsections (1) and (2) of this section, each individual commercial business shall be permitted to hold four (4) additional nonconsecutive single day outdoor events provided that an approved site plan for single day events is on file with the department of development services and notification identifying the date of the event is provided to the department three (3) business days prior to the event.
(4)
The outdoor display of merchandise shall be restricted to the sidewalk
area directly adjacent to the businesses exterior leasehold or store
frontage.
(5)
The display of merchandise shall provide clear passage for wheelchair
and pedestrian circulation. The event shall neither adversely impact
adjacent businesses nor alter vehicular pathways; adequate parking
shall be maintained at all times.
(6)
After a special event, the site shall be returned to its prior condition
and all debris, signage or trash removed.
(Ord. 98-O-103 § 1, 1998)
(a)
The purpose of this section is to allow incidental and limited nonresidential
activities within dwelling units. A home occupation shall be secondary
to the dwelling unit’s primary function as a residence and be
compatible with the neighborhood within which it is located.
(b)
A home occupation shall comply with the following operating standards:
(1)
There shall be no employees other than the residents of the dwelling
unit;
(2)
The appearance of the structure or premises shall not be altered
to change its residential character or visually signal that a business
operates in the dwelling. No equipment, activity or process in the
home shall generate excessive sound or noises, glare, vibrations,
odors or fumes, or cause interference to radio or television reception;
(3)
Only one (1) room of the home or accessory structure shall be used
for the home occupation. The installation of a new access from this
room/space which exits directly to the street is prohibited;
(4)
The garage shall not be altered nor used in a way to reduce the number
of covered off-street parking spaces required by the zoning district
in which the residence is located;
(5)
Limited indoor storage of stock or merchandise is permitted in the
designated space of the residence or accessory structure used for
the home occupation;
(6)
Outside use or storage of materials, bulk goods, merchandise, equipment,
special purpose machinery or vehicles customarily utilized in conjunction
with a commercial or industrial business is not permitted;
(7)
No use of materials or equipment beyond that normally required for
household and/or hobby purposes is permitted;
(8)
There shall be no use of utilities beyond that normally required
for residential purposes;
(9)
The home occupation shall not generate additional vehicular or foot
traffic beyond normal residential uses;
(10)
No direct sales, display or commercial signage is permitted on the
premises;
(11)
See Section 23.78.170(a) for definition of “commercial vehicles”;
(12)
One (1) business related vehicle, which includes either a pickup
or van, is permitted;
(13)
Storage of explosives, highly combustible materials or hazardous
material is strictly prohibited in conjunction with a home occupation
permit;
(14)
For rental property, the property owner’s written authorization
for the proposed home occupation shall be obtained and submitted with
the permit application.
(15)
Any other special condition(s) as made a part of this record for
a home occupation permit, as deemed necessary to carry out the purpose
of this section.
(c)
An application for a home occupation permit shall be submitted and
approved by the planning division prior to issuance of a city business
license.
(d)
A violation of the provisions listed in this section is a misdemeanor
and may also constitute grounds for revocation of the home occupation
permit, after review by the director of development services. All
decisions of the director of development services may be appealed
to the planning commission.
(Prior code § 25-176; Ord. 77-O-111 § 3, 1977; Ord. 88-O-115 § 2, 1988; Ord. 96-O-116 § 1, 1996; Ord. 98-O-104 § 1, 1998; Ord. 99-O-111 § 1, 1999)
Vehicle repair and/or vehicle maintenance businesses shall not be permitted in any residentially designated land use area or zoning district at any time. Vehicle repair or vehicle maintenance may be permitted within a garage, however, only on vehicles registered to the current resident. “Vehicle repair,” for the purposes of this section, shall be defined as, but not limited to, engine, transmission, wheel, brake, drive train, fuel and exhaust repairs as well as vehicle body repairs. Maintenance of a trailer, camper, boat or other recreational apparatus shall be subject to the provisions of Section 23.78.145.
(Ord. 97-O-117 § 1, 1997)
Sales of personal property to the general public by means of
“garage,” “yard,” “patio,” “rummage,”
or other sales similarly conducted (collectively, “garage sales”)
shall be a temporarily permitted accessory use in residential zones,
provided such sales are held and conducted in accordance with the
provisions of this section. No person shall operate, conduct, manage,
or allow or permit to be conducted, a garage sale on any residentially
zoned or residentially occupied property, except under the following
conditions:
(1)
Garage sales may only be conducted on the first full weekend of the
months of March, June, September, and December. For purposes of this
section, “weekend” means Saturday and Sunday. Garage sales
may be conducted on days other than those specified above upon obtaining
a permit. Such a permit shall be obtained by making written application
to the director of development services on a form provided by the
city. No more than two (2) such permits authorizing additional garage
sales on any parcel of property shall be issued within a calendar
year. Fees for processing and issuing a permit under this section
shall be set by resolution of the city council and shall be paid at
the time of submission of an application.
(2)
All garage sale activity shall be conducted between the hours of
8:00 a.m. and 5:00 p.m.
(3)
All garage sale items shall be displayed only on private property
occupied by the person(s) putting on the garage sale. This shall include,
with the permission of the property owner, (A) property containing
a multiple-family dwelling, by residents of that multiple-family dwelling;
(B) property owned or controlled by a homeowner’s or property
owners’ association, by members of that association; and (C)
property occupied by a church, charitable or other nonprofit organization,
by members of that organization. Garage sale activity may not be conducted
on the public sidewalks, parkways, streets, or alleys.
(4)
All items sold at a garage sale must be used goods, wares or merchandise
of a household or personal nature, from the household(s) of the persons
conducting the garage sale, and not acquired elsewhere for resale.
(6)
Any police, code enforcement, or other officer of the city shall
have the right to inspect the merchandise on display or stored for
sale on the premises during a garage sale authorized by this section.
(7)
The provisions of this section shall not apply to persons selling
goods pursuant to process or order of a court of competent jurisdiction
or persons acting in accordance with their powers and duties as public
officials.
(Ord. O-2009-04 § 1, 2009)
Any canopy, portable canopy, or tarp erected on any residentially
zoned or residentially occupied property and visible from a public
right-of-way shall be maintained in good and structurally sound condition
and shall be removed, cleaned, repaired or replaced if broken, torn,
weathered, faded, or dirty or if missing support members or other
components.
(Ord. O-2009-03 § 2, 2009)
Group dwellings, such as: boarding homes, nursing homes, rest
homes, boarding schools, sororities, fraternities, or private residence
clubs shall be permitted only in residential and commercial districts
and shall not be established unless a use permit shall first have
been secured for establishment, maintenance and operation of such
use. EXCEPTION: No use permit shall be required for a residential
care facility. For purposes of this section a “residential care
facility” shall be defined as a single-family residence in an
R-A, R-1 or R-2 zone in which twenty-four-hour supervised nonmedical
care is provided for six (6) or fewer persons.
(Prior code § 25-177.1; Ord. 68-O-103 § 1, 1968; Ord. 79-O-126, 1979)
The city recognizes that certain uses have special operational
characteristics which have the potential to adversely affect adjoining
businesses and/or property owners. Accordingly, the city wishes to
review these uses on an individual basis. Such uses shall include
the following:
(1)
Game arcades; includes any establishment having four (4) or more
mechanical or electronic games of chance, skill or entertainment,
whether as the primary use or in conjunction with another business,
but excluding vending machines dispensing a product for sale;
(2)
Indoor amusement facilities; includes, but is not limited to, theaters,
bowling alleys, roller and ice skating rinks and establishments having
dance floors;
(3)
Outdoor amusement facilities; includes but not limited to, miniature
golf courses, race tracks and water slides;
(4)
Poolrooms; includes any establishment having one (1) or more pool
table(s) whether as the primary use or in conjunction with another
business;
(5)
Health clubs; includes, but not limited to, racquetball clubs, swim
clubs, tennis clubs and gymnasiums;
(6)
Sale and/or manufacture of gasoline, alcohol, methanol and similar
fuels;
(7)
Conversion and/or expansion of service station facilities to other
uses;
(8)
Establishments that sell alcoholic beverages including on-sale and
off-sale;
(9)
All other uses determined by the planning commission to be similar
to those listed.
The above uses shall require a use permit pursuant to Chapter 23.87. In approving the use permit the planning commission shall consider the following: operating hours; impacts on adjacent businesses and/or residences; impacts on existing parking; impacts on city services; concentrations of similar uses. Where large assemblages of people are involved, the planning commission shall consider the ability of the operators to provide services for and control the number of persons expected to attend.
(Prior code § 25-177.2; Ord. 70-O-105 § 1, 1970; Ord. 70-O-121 § 2, 1970; Ord. 73-O-120 § 1, 1973; Ord. 81-O-123 § 2, 1981; Ord. 82-O-100 § 1, 1982; Ord. 88-O-124 § 1, 1988; Ord. 94-O-130 § 1, 1994)
Elevated decks, balconies and similar structures shall be permitted
in the “R-1,” “RPC,” “PUD,” and
“SP-7” zones subject to obtaining a special use permit
pursuant to the following procedure:
(1)
An application for a special use permit for an elevated deck, balcony
or similar structure shall be submitted to the planning division for
the review and approval of the director of development services.
(2)
The application shall include plans, a statement of use, the latest
fee prescribed by city council resolution and all other items listed
on the elevated deck submittal requirements on file with the planning
division.
(3)
A decision date shall be set a minimum of twenty-one (21) days from
the date of accepting the completed application.
(4)
Not less than ten (10) days prior to the decision date by the director
of development services, notice of the proposed use shall be mailed
to all property owners as shown on the last equalized assessment roll
within a one hundred (100) foot radius of the exterior boundaries
of the subject property.
(5)
A decision on the permit shall be made by the director of development
services without a hearing, unless one is requested by either the
applicant or other affected person. If so requested, the hearing would
be scheduled for the next available planning commission meeting.
(Ord. 94-O-114 § 1, 1994; Ord. 97-O-111 § 1, 1997; Ord. O-2007-07 § 40, 2007)
Accessory uses and buildings in any “C” and “M”
district may be permitted where such uses or buildings are incidental
to and do not alter the character of the premises in respect to their
use for purposes permitted in the district. Such accessory buildings
shall be allowed only when constructed concurrent with or subsequent
to the main building.
(Prior code § 25-178)
Public utility distribution and transmission line towers and
poles and underground facilities for distribution of gas, water and
electricity shall be allowed in all districts, without limitation
as to height or without obtaining a use permit therefor; provided,
however, that all routes of proposed gas, water, telephone and electric
transmission shall be submitted to the planning commission for its
approval prior to acquisition of a right-of-way therefor.
(Prior code § 25-179)
The removal or bulk storage of minerals, earth and other natural
materials may be permitted, providing a use permit shall first be
obtained in each case.
(Prior code § 25-180)
Chimneys, silos, cupolas, flag poles, monuments, gas storage
holders, radio and other towers, water tanks, church steeples and
similar structures and mechanical appurtenances may be permitted in
excess of height limits provided a use permit is first obtained in
each case. Local distribution poles for public utilities may be allowed
in all districts to a greater height than allowed in the district
in which they are to be located without receiving a use permit.
(Prior code § 25-181 (a))
Fences and walls in any district shall be subject to the following
height and location restrictions:
(1)
Front Yard. In required front yards, the maximum height of a solid
fence or wall shall be three (3) feet above the surface of the ground.
However, a wrought iron fence may be erected, not to exceed a maximum
height of six (6) feet above the surface of the ground.
(2)
Side and Rear Yard. In required side and rear yards, including the
street sides of corner lots, the minimum height shall be six (6) feet
and the maximum height shall be eight (8) feet above the surface of
the ground; provided, that:
(a)
Sight clearance is maintained, in accordance with the standards of
the city, for any vehicular access adjacent to said fence or wall;
(b)
Where a grade differential exists between building sites in any rear
or side yard, the height of the fence or wall shall be a minimum of
six (6) feet and a maximum of eight (8) feet above the highest finished
grade, except as required for sight clearance.
(Prior code § 25-181 (b); Ord. 79-O-129, 1980; Ord.
88-O-120 § 2, 1988; Ord.
93-O-110 § 8, 1993)
The type of material permitted for the replacement of an existing
fence or wall, or for the construction of a new fence or wall on an
existing developed site where none previously existed, shall be as
specified in the city fences and walls policy, on file with the development
services department.
(Ord. 93-O-110 § 9, 1993)
Any lot or parcel of land under one (1) ownership and of record
thirty (30) days before the effective date of the ordinance codified
in this chapter, and where no adjoining land is owned by the same
person, may be used as a building site even when of less area or width
than that required by the regulations for the district in which it
is located.
(Prior code § 25-182)
(a)
No structure of any type shall be located within five (5) feet of
any alley in any district, unless such alley is thirty (30) feet or
more in width.
(b)
Any Multiple-Family Development. No garage shall be located any further
than one hundred (100) feet from the apartment unit which it is designed
to serve: provided, however, that the planning commission may approve
a greater distance if it finds that improved design results from increasing
such distance; and further provided, that such approval shall be by
no less than three-fourths of the voting members of the planning commission.
(c)
Architectural features such as cornices, eaves and canopies may not
extend closer than three (3) feet to any side lot line.
(d)
Open uncovered porches, landing places or outside stairways may project
not closer than four (4) feet to any side lot line, and not exceeding
six (6) feet to any required front or rear yard.
(e)
In case an accessory building is attached to the main building it
shall be made structurally a part of and have a common roof with the
main building, and shall comply in all respects with the requirements
of this title applicable to the main building. Unless so attached,
an accessory building in an “R” district shall be located
on the rear one-half of the lot and at least ten (10) feet from any
dwelling building existing or under construction on the same lot,
or any adjacent lot. Such accessory building shall not be located
within five (5) feet of any alley or within one (1) foot of the side
line of the lot, or in the case of a corner lot, to project beyond
the front yard required or existing on the adjacent lot.
(f)
Special yards and distances between buildings in “R-3”
districts:
(Prior code § 25-183)
The following information supplements setback requirements found
in each individual district:
(1)
Dedication of land required for the development of any public right-of-way
which abuts or crosses over the subject property shall be required
as a condition of approval of any subdivision map, or where no subdivision
map is involved, as a condition of approval to any building permit
except a building permit for general maintenance, new roofing, installation
of appliances and fixtures or similar items. The construction of full
improvements shall be required as a condition of approval of any development
plan, use permit, variance, change of land use or as a condition of
approval to any building permit for the expansion of any structure
by one thousand (1,000) square feet or more within any two (2) year
period;
(2)
Where four (4) or more lots in a block have been improved with buildings
(not including accessory buildings), the minimum required shall be
the average of the improved lots, if less than the aforesaid requirements;
(3)
On any parcel of land of an average width of less than fifty (50)
feet, which parcel was under one (1) ownership at the time of, or
is shown as a lot on any subdivision map filed in the office of the
county recorder prior to the adoption of the ordinance codified herein,
when the owner thereof owns no adjoining land, the width of each side
yard may be reduced to ten (10) percent of the width of such parcel,
but in no case to less than three (3) feet;
(4)
Every building or portion thereof which is designed or used for any
dwelling purposes in any “C” district shall comply with
the provisions of this title as to side yards which are required in
“R” districts; provided, that when the ground floor of
any such building is used for any commercial purpose, no side yard
shall be required;
(5)
No stable, paddock, coop, pen or other enclosure for the maintenance
or raising of animals or fowls shall be established or maintained
closer than one hundred (100) feet from the front lot line or closer
than twenty (20) feet to any residence.
(Prior code § 25-184; Ord. 88-O-120 § 1, 1988; Ord. 89-O-120 § 4, 1989)
(a)
Where the planning commission or city council of the city denies
a permit or approval listed in this title, the planning division shall
not accept the denied application again for a period of six months
after the denial.
(b)
The planning division may sooner consider an application previously
denied if the application corrects the deficiencies upon which the
denial was based.
(Ord. 78-O-121, 1978)
(a)
Oil well locations shall be in accordance with the requirements of
the state.
(b)
No well, water injection, pumping unit or other type, shall be located
within one hundred (100) feet of any habitable building, nor shall
any such habitable building be erected within one hundred (100) feet
of any well not abandoned, except buildings incidental to the operation
of the well. The planning commission or city council, while reviewing
a development plan review application, may waive or modify the one
hundred (100) foot distance requirement subject to making the following
findings:
(1)
That the use or occupancy of the building is such that the one hundred
(100) foot distance requirement is not necessary;
(2)
That the building or the drill site incorporates adequate structural
and fire safety features to compensate for the reduction in the one
hundred (100) foot requirement of this section; and
(3)
That the owner of the structure complies with any special safety
requirements imposed by the fire department.
(Ord. 79-O-126, 1979; Ord. 92-O-100 § 6, 1992)
(a)
Large family day care homes, as defined in Chapter 23.04, shall be permitted only in the R-A, R-1, R-2, R-G, R-3, RPC and C-O zones and shall not be established unless a special use permit has been approved as follows:
(1)
An application for a special use permit for a large family day care
home shall be submitted to the planning department for review and
approval by the director of development services.
(2)
The application shall include a site plan, statement of use and prescribed
fee as established in Section 5.16.160.
(3)
A decision date shall be set a minimum of twenty-one (21) days from
date of submittal.
(4)
Not less than ten (10) days prior to the decision date by the director
of development services, notice of the proposed use shall be mailed
to all property owners as shown on the last equalized assessment roll
within a one hundred (100) foot radius of the exterior boundaries
of the proposed large family day care home.
(5)
A decision on the permit shall be made by the director of development
services without a hearing, unless one is requested by either the
applicant or other affected person. If so requested, the hearing shall
be scheduled for the next available planning commission meeting.
(6)
All decisions of the director of development services may be appealed
to the planning commission.
(b)
Additional requirements include:
(2)
Prior to approval of a special use permit, houses shall:
(A)
Be inspected to insure compliance with building and zoning regulations
for single-family residences;
(B)
Show proof of compliance with standards of the State Fire Marshal
as adopted in Title 24 of the California Administrative Code.
(Ord. 84-O-116 § 2, 1984)
(a)
Eating and fast food places, as defined by code, shall be permitted
to provide outdoor seating areas subject to the following:
(b)
Additional Requirements.
(1)
For small outdoor seating areas, a fully dimensioned site plan and
the property owner’s written approval shall be submitted and
kept on file.
(2)
Standards for outdoor seating areas shall be complied with as a condition
of the use. These standards and policy guidelines are on file in the
planning division.
(Ord. 97-O-101 § 1, 1997)
(a)
All grading of any real property shall be permitted only between
the hours of seven a.m. and seven p.m. Monday through Friday, and
between the hours of nine a.m. and six p.m. on Saturday, and shall
be prohibited at any time on Sunday and on all federal holidays, unless
other hours are approved by the chief building official or city engineer
upon receipt of evidence that an emergency exists which would constitute
a hazard to persons or property.
(b)
Construction activities and the maintenance of real property shall
be permitted only during the following time periods:
|
|
Monday—Friday
|
Saturday
|
Sunday and Holidays
|
|---|---|---|---|
|
Initial construction
|
7:00 a.m.—7:00 p.m.
|
9:00 a.m.—6:00 p.m.
|
Prohibited
|
|
Remodeling, repair work
|
7:00 a.m.—7:00 p.m.
|
9:00 a.m.—6:00 p.m.
|
10:00 a.m.—5:00 p.m.
|
|
Maintenance of real property
|
7:00 a.m.—7:00 p.m.
|
9:00 a.m.—6:00 p.m.
|
10:00 a.m.—5:00 p.m.
|
(1)
Initial construction work includes new residential, commercial and
industrial developments. These are projects constructed on vacant
property, which require the approval of the planning commission and,
in particular cases, approval by the city council.
(2)
Remodeling, repair work pertains to construction activity on properties
where structures already exist. This includes structural additions,
rehabilitation work, miscellaneous projects, re-roofing, the construction
of swimming pools, etc. These projects typically require over-the-counter
permit approval only.
(3)
Maintenance of real property including, but not limited to: the mowing
of lawns, trimming of trees and shrubs, general landscape maintenance.
(Ord. 94-O-143 § 1, 1994)
