City of Dana Point, CA Chapter 9.07 SPECIAL USE STANDARDS

§ 9.07.010 Intent and Purpose.

Certain uses, although permitted in specific districts, require additional development standards beyond those specified for the applicable zone. Additional standards are required to ensure that such uses are operated in a manner that do not adversely impact surrounding uses. The purpose of this Chapter is to provide additional development standards and conditions for certain uses to ensure their compatibility with surrounding uses.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.020 Antennas.

(a) Exempt Antennas. The following types of antennas are exempt from the requirements of this Section, unless otherwise noted:

(1) Common skeletal residential type radio and television antennas used to receive UHF, VHF, AM, and FM signals of off-air broadcasts from radio and television stations.

(b) Commercial Wireless Telecommunication Antenna Facilities.

(1) Purpose. The purpose of these requirements is to regulate the location and design of "Commercial Wireless Telecommunication Antenna Facilities" as defined herein to protect the scenic ocean and coastal public views; public safety; and the quality of residential neighborhoods in the City of Dana Point. The Dana Point City Council has determined that these requirements are intended to create reasonable regulations in conformance with the provisions of the Telecommunication Act of 1996. These requirements also apply to non-commercial wireless telecommunication antenna facilities that are associated with local businesses, public agencies, utility services and emergency services. These requirements do not apply to "exempt antennas" under Section 9.07.020 (a) or "antennas and satellite dish antennas in residential districts" under Section 9.07.020 (c).

(2) Antenna Use Permits.

(A) All commercial wireless telecommunication service antenna facilities and public/private local telecommunication system antenna facilities shall require an Antenna Use Permit. A proposed antenna facility may require either a Major or Minor Antenna Use Permit (AUP) depending upon the proposed location with respect to residential districts, classrooms and scenic highways, as well as the type and design of the proposed antenna facility, as described herein. Appeals of a decision on an AUP are subject to the provisions contained in Section 9.61.110.

(B) Under certain location and design conditions as described herein, a proposed antenna facility may be subject to the Exceptional Case Approval procedure in addition to a Major AUP. Exceptional Case Approvals shall be reviewed at a public hearing by both the Planning Commission and the City Council. In addition to the required submittal material for a Major Antenna Use Permit, the applicant must submit documents which would conclusively demonstrate that the carrier is technically unable to satisfy system coverage objectives by any other means that would be consistent with the regulations contained herein. Said documents shall be submitted to the City for review by a third party wireless telecommunication consultant. Any and all costs associated with the third party consultant review shall be paid by the applicant through a deposit fee set by the City Council. If the Exceptional Case Approval proposes to deviate from the established setbacks contained herein, a Variance application shall also be included with the submittal.

(C) Antenna Use Permit Procedure.

1. Prior to the formal submittal for any Antenna Use Permit, the Community Development Department staff shall determine if a Minor Antenna Use Permit, Major Antenna Use Permit and, if applicable, Exceptional Case Approval would be needed for a given antenna facility proposal.

2. Once a determination has been made by Community Development Department staff as to which permitting procedure is appropriate, the following application materials shall be submitted to the City for consideration of the proposed antenna facility:

a. Application form for Minor Antenna Use Permit, Major Antenna Use Permit and, if applicable, Exceptional Case Approval.

b. Site Plans and Elevations drawn to scale in compliance with the City's accepted format.

c. A radiofrequency (RF) report prepared by a qualified RF engineer acceptable to the City to demonstrate that the proposed facility, as well as any co-located facilities, complies with current Federal RF emission standards.

d. Computerized Visual Assessments showing the before and after visual effects of the proposed facility.

e. Technical report with signal strength exhibits stating the need for the proposed antenna facility (for commercial wireless telecommunication antenna facilities only; not required of non-commercial wireless telecommunication antenna facilities).

f. For Minor AUP applications, a written statement must be submitted which discusses how the proposed antenna facility complies with the stealth design criteria set forth in these regulations.

g. For Major AUP applications, a written statement must be submitted which discusses why the proposed antenna facility cannot comply with all of the stealth design criteria set forth in these regulations.

h. For Exceptional Case Approval applications, a written statement must be submitted which discusses among other things why the proposed antenna facility cannot comply with all of the stealth design criteria and, if a Variance for setbacks is required, as to why the antenna facility setbacks set forth in these regulations can not be met.

3. After the Antenna Use Permit application is deemed complete by the Community Development Department, it shall be considered at a meeting of the Planning Commission. Minor Antenna Use Permits would be scheduled for the consent calendar and Major Antenna Use Permits would be scheduled for public hearing in accordance with Chapter 9.61 of the Zoning Code. The decision of the Planning Commission may be appealed to the City Council within 15 days of the decision.

4. Exceptional Case Approval application materials shall first be reviewed by a third party wireless telecommunication consultant chosen by the City, paid for by the applicant through a deposit fee set by the City Council. After the review is completed and the application is deemed complete by City Staff, the Exceptional Case Approval in conjunction with the Major AUP would be scheduled for public hearing in accordance with Chapter 9.61 of the Zoning Code before the Planning Commission. The Planning Commission shall render a recommendation that shall be considered by the City Council at a public hearing held in accordance with Chapter 9.61 of the Zoning Code. The City Council shall render a final decision on the matter. If the Exceptional Case Approval also includes another discretionary action, that action shall also be considered by the City Council.

5. Antenna Use Permits are subject to review by the City's Planning Commission every two years to determine if technology has changed to the point where an installation can be reduced in size or redesigned in a "stealth" manner and to evaluate RF emissions. A technology upgrade report and RF emissions testing report would be required to be submitted by the applicant. The City's third party consultant would review the reports and any changes would be incorporated into the approval of the review by the Commission.

6. An RF (radio-frequency) testing report shall be required of all proposed facilities after the initial installation and once the site is operable to demonstrate that they are in compliance with government safety standards prior to final sign off of permits.

7. The City may require modification or removal of wireless antenna facilities for various reasons such as, but not limited to, changes in technology, safety hazards, and new environmental concerns, etc. All costs of installation, modification to and removal of wireless antenna facilities and related equipment shall be borne by the Carrier, as defined herein, whether required by the City or otherwise.

(4) Location Criteria. The following applies to both commercial wireless telecommunication antenna facilities and private/public local wireless telecommunication antenna facilities:

(A) Antenna facilities under these regulations are prohibited in residential districts. With the exception of the criteria set forth in these regulations.

(B) Antenna facilities are encouraged to be located on and/or inside of existing structures, such as buildings, light standards, traffic control standards or existing freestanding telecommunication facilities.

(C) Antenna facilities are encouraged to be located where existing topography, vegetation, buildings or other structures provide the greatest amount of visual screening.

(D) Antenna facilities shall be co-located with other antenna facilities in accordance with this subsection wherever possible and technically feasible.

(E) Freestanding antenna facilities shall not be located within 500 feet from another freestanding antenna facility, unless co-located on the same supporting structure.

(F) Roof-mounted antennas, wall-mounted antennas and other antenna facilities on private property shall not be allowed within 100 feet of residential districts, even as an Exceptional Case Approval.

(G) Antenna facilities under these regulations are prohibited in the Conservation District.

(H) Stealth antenna facilities in the Community Facilities District shall require the approval of a Major AUP, and non-stealth or water tank mounts require the approval of an Exceptional Case Approval.

(I) Wireless antenna facilities shall not be located so as to create a hazard to persons or property within the "Fall Zone" as defined herein.

(J) Setbacks from Residential Districts and classrooms shall be subject to the procedures set forth for each of the applicable permit types shown in the table below:

Setback from Residential Property Line & Classrooms	Light Standard ROW Installation	Stealth & Non-Freestanding	Non-Stealth and Non-Freestanding	Freestanding Installation
0 to 100 Feet	Major AUP	Prohibited	Prohibited	Prohibited
100 to 150 Feet	Minor AUP	Major AUP	Prohibited	Major AUP (Stealth Only)
150 to 300 Feet	Minor AUP	Minor AUP	Major AUP	Major AUP (Stealth Only)
Over 300 Feet	Minor AUP	Minor AUP	Major AUP	Major AUP (Stealth Only) Major AUP & ECA (Non-Stealth)

Notes:

AUP = Antenna Use Permit

ECA = Exceptional Case Approval

(K) Setbacks from centerline of scenic highways shall be subject to the procedures set forth for each of the applicable permit types shown in the table below:

Setback from Centerline	Light Standard ROW Installation	Stealth & Non-Freestanding	Non-Stealth and Non-Freestanding	Freestanding Installation
0 to 150 Feet	Major AUP	Major AUP	Major AUP and ECA	Major AUP (Stealth Only)
150 to 300 Feet	N/A	Minor AUP	Major AUP	Major AUP (Stealth Only)
Over 300 Feet	N/A	Minor AUP	Major AUP	Major AUP (Stealth Only) Major AUP & ECA (Non-Stealth)

Notes:

AUP = Antenna Use Permit

ECA = Exceptional Case Approval

(L) The provisions of Section 9.07.020 (d)(6) do not apply to Commercial Wireless Telecommunication Antenna Facilities.

(5) Design Criteria. The following stealth criteria apply to both commercial wireless telecommunication antenna facilities and public/private local telecommunication antenna facilities:

(A) Light standard-mounted or traffic control standard-mounted antenna facilities shall be designed to be unobtrusive, in the opinion of the City, and shall locate equipment cables within the light standard or traffic control standard; place related electronic equipment in underground vaults (except for environmental air conditioning units needing aboveground access); and paint or finish the antennas to match the supporting standard.

(B) Roof-mounted, wall-mounted and other non-freestanding antenna facilities are acceptable if they are screened or designed in such a way to be unobtrusive, in the opinion of the City, and does not block significant public or residential views.

(C) Roof-mounted antenna facilities (except for omni-directional whip antennas) shall be completely screened from public view in a manner that is consistent with the building's existing architectural style, color and materials, including, if necessary, screening to avoid adverse impacts to public views from higher elevations.

(D) Wall-mounted antenna facilities shall utilize flush-mounted antennas painted or finish to match the building with concealed cables.

(E) The height of antenna facilities shall not exceed the maximum building height allowed for the subject property's zoning district, unless exceeding the height limit is approved under a Major Antenna Use Permit and a Variance as per Chapter 9.67 of the Dana Point Zoning Code.

(F) Rooftop-mounted antenna facilities placed on existing non-conforming buildings that exceed a given height limit shall not exceed the building's height.

(G) Co-location of commercial antenna facilities is desirable, however, there shall be no more than three commercial providers per co-location facility unless it can be shown to be aesthetically feasible, in the opinion of the City, and within current government safety standards.

(H) If a building of suitable height is not available, commercial antennas could be hidden in a new architectural feature that matches an existing building's design (clock tower, cupola, etc.) or a freestanding architectural feature (entry monument, etc.). Any such improvements shall be appropriate for and compatible with the site and surrounding area and shall not exceed the site's height limit except in association with a Variance as per Chapter 9.67 of the Dana Point Zoning Code.

(I) Colors and designs for freestanding antenna facilities shall be integrated with the surrounding visual background including buildings, landscape and/or uses in the area or those likely to exist in the area, and should prevent the facility from visually dominating the surrounding area.

(J) Freestanding antenna facilities shall avoid being a visually dominant intrusion into a given viewshed by locating the facilities near other vertical elements such as existing structures or trees.

(K) Freestanding antenna facilities shall be architecturally compatible with the surrounding land uses, buildings, structures, landscaping and other improvements by blending with the existing characteristics to the greatest extent possible.

(6) Antenna Use Permit Required Findings. The following are the required findings for every Antenna Use Permit:

(A) That the proposed antenna facility will not create any significant or meaningful blockage to public views; and,

(B) That the proposed antenna facility will be an enhancement to the City due to its ability to provide additional communication capabilities; and,

(C) That the proposed antenna facility will be aesthetically integrated into its surrounding environment; and,

(D) That the proposed antenna facility will not interfere with the reception or transmission of other wireless telecommunication signals within the surrounding community; and,

(E) That the proposed antenna facility will operate in compliance with all applicable Federal safety regulations for such facilities; and,

(F) That the public need for the use of the antenna facility has been documented.

(7) Exceptional Case Approval Required Findings. In addition to the above findings, the following findings are also required when relevant for Exceptional Case Approvals.

(A) That the proposed antenna facility cannot be implemented without the use of a freestanding antenna facility; and/or,

(B) That the proposed antenna facility cannot reasonably operate without being located within the setbacks from residential uses, classrooms and scenic highways as established in this ordinance; and/or

(C) That the Carrier acknowledges that they shall be responsible for any damage or injuries that result from hazards within Fall Zones or otherwise from such freestanding facility.

(8) Fees. The fees and deposits for Antenna Use Permits and Exceptional Case Approvals shall be established by the City Council by resolution.

(c) Antennas and Satellite Dish Antennas in Residential Districts. Antennas and satellite dish antennas located in the residential districts of the City shall conform to the following standards:

(1) All ground-mounted antennas and satellite dish antennas shall be required to maintain their supporting structures at least five feet from any property line and 10 feet from any other structure.

(2) All ground-mounted antennas and satellite dish antennas shall be screened by walls, fences or landscaping at least six feet in height obscuring visibility of the antenna or satellite dish antenna. Landscaping shall be of a type and variety capable of growing within one year to provide a landscape screen which obscures the visibility of the antenna and supporting structure(s).

(3) All antennas and satellite dish antennas and their supporting structures shall be located in the rear yard or any side yard, except a street side yard.

(4) No antenna, satellite dish antenna, or its supporting structure shall be located in the area between the front property line and the dwelling.

(5) The following height limit shall apply to all antennas:

Antenna Type	Maximum Height Above Grade
Satellite Dish Antennas	15 feet
Other Permitted Antennas	Maximum height of base zoning district

Antennas, as defined in Section 9.75.010, may be permitted to exceed the maximum height of the base zoning district subject to the approval of a minor Conditional Use Permit. Such a permit may only be granted under the following circumstances:

(A) The subject antenna is retractable, the height of the antenna when retracted is 35 feet or less, the height of the antenna when extended is 50 feet or less, and the applicant executes an agreement which stipulates that the antenna may only be extended during actual use of said antenna; or

(B) The subject antenna is used solely for transmission and reception of ham radio signals, the operator is a FCC licensed amateur ham radio operator and the antenna is retractable with a maximum height of 70 feet when extended and no higher than the maximum height limit of the base zoning district when retracted.

(6) A maximum of two antennas, including satellite dish antennas or exempt antennas, shall be allowed per lot.

(7) Antennas and satellite dish antennas shall not be mounted on the roof.

(d) Antennas and Satellite Dish Antennas Located in Non-Residential Districts. Antennas and satellite dish antennas located in the non-residential zones of the City shall conform to the following standards:

(1) All ground-mounted antennas and satellite dish antennas shall be required to maintain their supporting structures at least five feet from any property line and 10 feet from any other structure.

(2) All ground-mounted antennas and satellite dish antennas shall be screened by walls, fences or landscaping at least six feet in height obscuring visibility of the antenna. Landscaping shall be of a type and variety capable of growing within one year to provide a landscape screen which obscures the visibility of the antenna and supporting structure.

(3) All antennas, satellite dish antennas, and their supporting structures shall be located in the rear yard or any side yard, except a street side yard.

(4) No antenna, satellite dish antenna, or its supporting structure shall be located in the area between the front property line and the main structure or building.

(5) No antenna or satellite dish antenna shall be higher than the maximum height permitted in the zone measured from grade level.

(6) A maximum of two antennas, including satellite dish antennas or exempt antennas, shall be allowed per lot.

(7) No antenna or satellite dish antenna shall be roof-mounted except on a flat portion of the roof structure with architecturally integrated parapets or screening elements.

(e) Required Criteria and Performance Standards.

(1) Antennas, commercial antennas, and satellite dish antennas shall be installed and maintained in compliance with the requirements of the Building Code. Antenna installers shall obtain a building permit prior to installation.

(2) No advertising material shall be allowed on any antenna, commercial antenna, or satellite dish antenna.

(3) All electrical wiring associated with any non-exempt antenna shall be buried underground or hidden in a manner acceptable to the Building Official.

(4) No portion of an antenna or satellite dish antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

(5) The antenna, commercial antenna, or satellite dish antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize the visual impact on surrounding properties and from public streets. The materials used in constructing the antenna or satellite dish antenna shall not be unnecessarily bright, shiny, garish, or reflective.

(6) Every antenna, commercial antenna, or satellite dish antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate ground wire. Ground wires shall be of the type approved by the latest edition of the Electrical Code for grounding masts and lightning arrestors and shall be installed in a mechanical manner, with as few bands as possible, maintaining a clearance of at least two inches from combustible materials. Lightning arrestors shall be used that are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must be adequately protected with proper arrestors to remove static charges accumulated on the line. When lead-in conductors of the polyethylene ribbon-type are used, lightning arrestors must be installed in each conductor. When coaxial cable or shielded twin lead is used for lead-in, suitable protection may be provided without lightning arrestors by grounding the exterior metal sheath.

(7) A wind velocity test may be required for any non-exempt antenna, as deemed necessary by the Building Official.

(f) Variances. Pursuant to the procedures of Chapter 9.67 of the Zoning Code, any person may seek a variance from the provisions of this Section. Any variance so granted is revocable for failure by the applicant or property owner to comply with the conditions imposed. A variance may be issued for an antenna or satellite dish antenna if it meets the following standards:

(1) Locating the antenna or satellite dish antenna in conformance with the specifications of this section would obstruct the antenna's reception window or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control; or, the cost of meeting the specifications of this section is excessive given the cost of the proposed antenna.

(2) The variance application includes a certification that the proposed installation is in conformance with applicable City Building regulations. Furthermore, the application must contain written documentation of such conformance, including load distributions within the building's support structure and certified by a registered engineer.

(3) If it is proposed that the antenna or satellite dish antenna will be located on the roof, where possible, the antenna shall be located on the rear portion of the roof and be consistent with neighboring improvements, uses and architectural character.

(g) Non-Conforming Antennas and Satellite Dish Antennas. Antennas and satellite dish antennas, in any zone, which were lawfully constructed and erected prior to the effective date of this Code, which do not conform to the requirements of this Section for the particular zoning district in which they are located, shall be accepted as non-conforming uses for a period of one year from the date of adoption of this Code. Thereafter, the antennas shall be subject to abatement as set forth below via removal, modification, or relocation to comply with the standards of this Code. Any antenna or satellite dish antenna constructed, or erected in violation of this Code or any prior law, ordinance or regulation shall be subject to immediate abatement.

(h) Notice of Non-Conforming Antennas or Satellite Dish Antennas.

(1) Upon the determination of the Director of Community Development that the provisions of this Chapter apply to a given parcel of land on which an antenna or satellite dish antenna is located, the Director or his/her designee shall send a notice thereof by certified mail, return receipt requested, to the owner thereof as shown on the last equalized assessment roll and shall cause such property to be posted with a similar notice.

(2) The notice provided for in this Section shall state that the property and antenna in question is a non-conformity, shall state the date of abatement established in accordance with Section 9.63.050, shall state that an administrative hearing will be held before the Director of Community Development, and shall state the date of such hearing.

(i) Hearing.

(1) Within 60 days after the issuance of the notice prescribed in Section 9.63.050, the Director of Community Development shall hold an administrative hearing to determine whether the nonconformity should be abated or whether a time extension should be granted as provided in Section 9.63.070.

(2) The Director of Community Development shall receive written and oral testimony at such hearing in regard to abatement.

(3) At the close of the hearing, the Director of Community Development shall find and determine whether the nonconformity should be abated and all facts in support thereof, whether the owner of the property can amortize his/her investment in the term for abatement provided in accordance with Chapter 9.63.

(4) The Director of Community Development shall also find and determine whether the structure encompassing the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose permitted in the zone in which it is located.

(j) Decision and Order. The decision of the Director of Community Development and the findings in support thereof shall be in the form of a written order and shall be served upon the property owner personally or by United States certified mail, return receipt requested, within 10 days after the decision is rendered.

(k) Right of Appeal. The decision of the Director of Community Development may be appealed to the Planning Commission within 15 days of the order, provided, however, that the appeal period shall not commence until service of the order. The decision of the Planning Commission may be appealed to the City Council in the same manner.

(l) Recordation of Order. After the conclusion of all appeals, notice of the decision and order of the Director of Community Development, or the Planning Commission, or City Council in the case of an appeal, shall be recorded with the County Recorder of the County of Orange.

(m) Extension of Time.

(1) The Director of Community Development and the City Council on appeal, shall grant an extension of the time for abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

(2) The Director of Community Development and the Planning Commission, or City Council on appeal, shall consider the following factors, among others, in determining whether to grant an extension of time and the length of the term:

(A) The nature of the use.

(B) The amount of the owner's investment in improvements.

(C) The convertibility of improvements to permitted uses.

(D) The character of the neighborhood.

(E) The detriment, if any, caused to the neighborhood by continuance of the nonconforming use.

(F) The amount of time needed to amortize the investment.

(n) Proof of Amortization. The Director of Community Development and the Planning Commission or City Council on appeal shall base its decision as to the length of the permitted amortization period on any competent evidence presented, including but not limited to the depreciation schedule attached to the owner's latest federal income tax return.

(o) Relocation. Where the Director of Community Development finds that a nonconforming antenna or satellite dish antenna, either in its present condition or as modified, can be used in compliance with the standards set forth in this Code for the zone in which it is located, the nonconforming antenna or satellite dish antenna may be granted an extension sufficient to permit it to be relocated on the site wherein such use is permitted and which has substantially equivalent utility for the use. In no event shall such extension be more than two years.

(p) Antennas Used for Transmission Purposes.

(1) Except as provided in subsection (2) below, prior to the approval by the City for the installation of any non-exempt antenna, the applicant must submit a written statement that the antenna will not be used for transmission purposes; or, that the use of the antennas for transmission purposes will not exceed Effective Instantaneous Radiated Power (EIRP) levels of 80 decibel watts (DBW).

(2) Antennas used for transmission purposes which exceed EIRP levels of 80 DBW may be approved by the Director, subject to the imposition of reasonable conditions to protect the applicant and the public health and safety. Reasonable conditions shall include, but not be limited to, fencing, screening, warning signs, partial submersion below ground level, and other like conditions.

(3) Any applicant aggrieved by a decision of or condition imposed by the Director of Community Development, may appeal that decision or condition pursuant to Section 9.61.110 of this Code.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09 5/24/94; Ord. 94-21, 12/13/94; Ord. 98-06, 9/22/98; Ord. 03-07, 4/9/03)

§ 9.07.030 Home Occupations.

(a) The residence in which a home occupation is conducted shall not display any indication of a business.

(b) Only persons residing in the residence shall be involved in the business; no outside employees shall be permitted.

(c) No more than one room of the residence shall be used for business purposes. Required garages shall not be used for the business in any manner, including storage of materials, and no portion of the business shall be conducted out of doors.

(d) The business shall generate no more than 10 vehicle trips per day.

(e) Permitted business equipment shall be limited to that normally associated with a residential use.

(f) The business shall not produce any noise, heat, vibration, glare, dust, or odor effects other than those ordinarily associated with a residential use.

(g) No actual retail sales shall be conducted on the premises other than sales by phone or mail.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.040 Alcoholic Beverage Outlets.

The following regulations shall apply to alcoholic beverage outlets established after February 11, 1993. The establishment, operation, and maintenance of any alcoholic beverage outlet shall be subject to the following regulations:

(a) Establishment. The establishment of an alcoholic beverage outlet includes the opening of such a business, the relocation of such a business to a new location, the conversion of an existing use or premises to an alcoholic beverage outlet use, and/or the expansion or change of the type of alcoholic beverages to be sold at an existing alcoholic beverage outlet (i.e., a change in the type of retail liquor license within a license classification). For purposes of this Section, establishment shall not mean the transfer of an existing license from one operator to another at a location which is occupied by an existing alcoholic beverage outlet, unless there is a proposed change in the type of license.

(b) Conditional Use Permit. A Minor Conditional Use Permit, shall be required for the establishment of an alcoholic beverage outlet in the following situations:

(1) Sale of alcoholic beverages for off-site consumption when located within:

(A) Five hundred feet of any area zoned or used for any church, park, or educational institution utilized by minors; or

(B) Five hundred feet of any hospital or public beach; or

(C) One hundred feet of any area zoned or used for residential purposes.

(2) Sale of alcoholic beverages for on-site consumption when located within:

(A) Five hundred feet of any area zoned or used for any church, park or educational institution utilized by minors; or

(B) One hundred feet of any area zoned or used for residential purposes.

(3) Any establishment conducting concurrent sale of alcoholic beverages and motor vehicle fuels.

(c) Findings. An application for a Conditional Use Permit shall not be approved unless the following findings can be made in addition to the required for a findings for the approval of a Conditional Use Permit contained in Chapter 9.65.

(1) That the proposed use will not be contrary to the public interest or injurious to nearby properties and that the spirit and intent of this Section will be observed;

(2) That the proposed use will not enlarge or encourage the development of a "skid row" area;

(3) That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any other city program; and,

(4) That all applicable regulations of the zoning district in which the use is permitted will be observed.

(d) General Provisions. Where the alcoholic beverage outlet is proposed on a site which abuts the property line of any property zoned or used for residential purposes, a six foot high solid masonry wall shall be constructed between the parking area of the proposed use and the adjacent residential property. Said wall shall be designed and constructed in compliance with all other applicable provisions of this Code including, but not limited to, Section 9.05.090, Sight Visibility Area and Section 9.05.120, Fences, Walls and Hedges.

(e) Sale of Alcoholic Beverages for Off-Site Consumption. The sale of alcoholic beverages for consumption on the premises including parking lots shall be prohibited. There shall be appropriate and conspicuous posting of a notice inside the premises indicating that consumption of alcohol, either inside or outside of the building on the premises is prohibited by law. The notice shall be at least one and one-half (1-1/2) square feet in size.

(f) Sale of Alcoholic Beverages for On-Site Consumption. The sale of alcoholic beverages for consumption off the premises shall be prohibited. There shall be appropriate and conspicuous posting of a notice inside the premises, indicating that consumption of alcohol outside the building on the premises including its parking lot is prohibited by law, except as may be permitted in any designated outdoor eating or drinking area, such as an on-site patio. The notice shall be at least one and one-half (1-1/2) square feet in size.

(g) Concurrent Sale Requirements. Any use engaged in the concurrent sale of the motor vehicle fuels and alcoholic beverages shall meet the following requirements:

(1) An establishment engaged in the sale of motor vehicle fuels may offer beer and wine, and not distilled spirits, for sale for off-site consumption.

(2) Beer and wine products shall not be displayed within five feet of the cash register or the front door unless such display occurs within a permanently affixed cooler which existed as of January 1, 1988.

(3) Advertisement of beer and wine products shall not be displayed at motor vehicle fuel islands, on fuel pumps, on the canopy supports or the canopy structure covering said motor vehicle fuels islands.

(4) The sale of beer or wine shall not be made from a drive-through window.

(5) Display or sale of beer or wine products shall not be made from an ice tub.

(6) Self-illuminating advertising for beer or wine products shall not be located on buildings or in the windows.

(7) Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer or wine.

(8) A notice shall be posted within three feet of the cash register bearing the following message: "Don't Drink and Drive." The notice shall be at least one and one-half (1-1/2) square feet in size.

(9) Additional requirements on the establishment and operation of facilities engaged in the concurrent sale of motor vehicle fuels and beer and wine which are not inconsistent with this Section, may be imposed by the Planning Commission, or the City Council on appeal, where a Conditional Use Permit is required to establish such a use.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-02, 1/11/94; Ord. 08-09, 7/15/08)

§ 9.07.050 Utility Substations.

(a) Approval of a Site Development Permit pursuant to the provisions of Chapter 9.71, shall be required for all utility substations, including electrical distribution and transmission substations, sewage and potable water system pump stations, and similar facilities.

(b) Utility substations and similar facilities shall be established only on lots that conform to the minimum lot size requirements of the zoning district in which they are located.

(c) All buildings, structures, and landscaping shall be visually compatible with surrounding development.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.060 Entertainment Establishments Providing Dancing, Music, and Similar Activities.

(a) Any live entertainment use, as defined in Section 9.75.270, which is located within 200 feet of any residential structure, shall require a minor Conditional Use Permit. The minor Conditional Use Permit shall be processed pursuant to Chapter 9.65 and shall be subject to consent approval by the Planning Commission.

(b) Noise levels shall not exceed the standards set forth in the City Noise Ordinance when measured from the nearest property line.

(c) All live entertainment uses requiring a minor Conditional Use Permit shall be operated in compliance with the following conditions:

(1) Sound controls appropriate to the proposed use shall be provided. This may require modifications to the subject structure including, but not limited to, vestibule entries and soundproof windows.

(2) Dancing, music, and similar entertainment uses shall not be permitted between the hours of 2:00 a.m. and 10:00 a.m. Greater restrictions on permitted hours of operation may be applied as warranted to maintain compatibility with adjacent uses.

(3) The parking lot of the subject use shall be designed and lighted to provide adequate security for patrons of the establishment and vehicles in the lot as determined by the Chief of Police. Supplemental security measures, such as video monitoring or security guards, may be required as conditions of approval.

(4) Any other condition which, in the determination of the Planning Commission, is necessary to ensure compatibility with, and enhancement to the subject and surrounding properties, and which is required as a condition of approval.

(d) Exemptions. Subject to a review by the Director of Community Development, the following uses shall be exempt from the requirement for a minor Conditional Use Permit.

(1) Any live entertainment use consisting of three or less performers and/or involving amplification of 150 watts or less; or

(2) The use of any stereo system, music recording machine, karaoke machine, or jukebox associated with a live entertainment use; or

(3) Any similar live entertainment use with no impact outside the structure where the live entertainment is performed, as determined by the Director of Community Development. This exemption may only be granted when it can be demonstrated to the satisfaction of the Director of Community Development that such uses can be conducted without resulting in an undue impact to the surrounding area.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.07.070 Churches.

(a) Churches and church facilities shall require the approval of a Conditional Use Permit pursuant to Chapter 9.65.

(b) All buildings, structures, and landscaping shall be developed in a manner harmonious and compatible with development on surrounding properties.

(c) Establishment of a church does not automatically permit any school, day nursery, kindergarten, or any congregation of persons for purposes other than religious instruction, worship, or guidance. Any such additional uses shall be subject to the use requirements of the zoning district in which they are located.

(d) Churches in residential districts may not be established in structures designed to function as dwelling units.

(e) Establishment of emergency shelters for up to a maximum of 10 beds/persons is allowed by right as an accessory use, subject to development and management standards contained in Section 9.19.040(b).

(Added by Ord. 93-16, 11/23/93; amended by Ord. 10-06, 5/24/10)

§ 9.07.080 Motor Vehicle Sales.

(a) Motor vehicles sales uses shall require the approval of a Conditional Use Permit pursuant to Chapter 9.65.

(b) The minimum lot width of any site supporting a motor vehicle sales business shall be 100 feet.

(c) The minimum lot area shall be 10,000 square feet.

(d) Proper walls or fencing and landscaping shall be required to ensure compatibility with, and enhancement to surrounding land uses.

(e) A permanent sales building 200 square feet or larger shall utilized to conduct the business. Portable buildings or mobile homes are not permitted.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.090 Adult Oriented Businesses.

No person shall be permitted to establish, operate or maintain an Adult Oriented Business as that term is defined in Section 5.32.110 of this Code unless:

(a) The property on which the proposed business is to be located is:

(1) Located in the City's Community Commercial/Vehicle (CC/V), Visitor/Recreation Commercial (V/RC), and/or Industrial/Business (I/B) zoning districts;

(2) Located in excess of 300 feet away from of any residentially zoned property or any residential use properly approved by the City;

(3) Located in excess of 300 feet away from any lot upon which there is properly located a religious institution, public park or school;

(4) Located in excess of 300 feet away from any lot upon which there is located another adult oriented business;* and

(b) There is obtained and maintained in full force and effect a properly issued Dana Point Adult Oriented Business Permit pursuant to Chapter 5.32 of this Code.

*

All measurements referenced in Section 9.07.090, subsections (a)(1)—(4) inclusive, shall be measured in a straight line without regard to intervening objects or structures from the nearest point on the property line of residential structure, religious institution, public park or school to the closest point of the building or unit within the building proposed to house the adult-oriented business.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 96-10, 8/13/96; Ord. 03-06, 4/9/03)

§ 9.07.100 Fortune-Telling.

(a) Conditional Use Permit Required. Fortune telling uses shall require the approval of a Conditional Use Permit pursuant to Chapter 9.65. A Conditional Use Permit application for a fortune-telling use shall include the following information:

(1) The name, home and business address, and business telephone number of the applicant.

(2) A record of all convictions for violations of this division, or other similar laws regulating fortune-telling, within five years proceeding the date of the application.

(3) The fingerprints of the applicant on a form provided by the Police Services Department.

(4) Two copies of a photograph of the operator, one inch by one inch in size, taken within six months of the date of application.

(5) The address, city and state, and the approximate dates where and when the applicant practiced a similar business either alone or in conjunction with others, for the three years preceding the date of the application.

(6) All names used by the applicant during the previous five years in conjunction with a fortune-telling business or practice.

(7) A non-refundable application fee, to cover the cost of processing the application, in an amount set by Resolution of the City Council.

(b) Investigation. Within three working days of its filing, the application shall be referred to the Police Services Department for investigation and report. The investigation shall be conducted to verify the facts contained in the application and any supporting data. The investigation shall be completed and a report made in writing to the City Manager within 14 days after the application is referred to the Police Services Department, unless the applicant requests or consents to an extension of the time period.

(c) Hearing and Decision. The City Manager shall consider the application and the Police Services Department report at a hearing held not less than seven nor more than 14 days following receipt of the Police Services Department report described in Section 9.07.110(b). Notice of the time and place of the hearing and a copy of the Police Services Department report shall be given to the applicant personally or by certified mail at least five days prior to the hearing. Any interested party shall be heard at the hearing. The City shall have the burden of proof should the City wish to deny the permit. The decision of the City Manager to approve or deny the permit shall be in writing, and if adverse to the applicant, shall contain findings of fact and a determination of the issues presented. Unless the applicant agrees in writing to an extension of time, the City Manager shall make his or her decision approving or denying the permit within 48 hours after completion of the hearing on the application for a permit and shall immediately notify the applicant of his or her action by personal service or certified mail.

(d) Approval of Permit. The City Manager shall approve the permit unless he or she makes any of the following findings:

(1) That any of the information contained in the application and supporting data is false;

(2) That the applicant, within one year from the date of the application, has been convicted of any violation of this division;

(3) That the applicant has not paid an applicable business or registration fee; or

(4) That the applicant has not agreed to abide by and comply with all conditions of the permit and applicable laws.

(e) Term of Permit. The term of the permit shall be one year. A renewal application shall be filed between 90 and 30 days prior to the expiration of the permit and shall be processed in the same manner as a new application.

(f) Posting of Fees.

(1) Each person required to obtain a permit pursuant to Section 9.07.100(a) shall post on his or her business premises as a sign containing the following information:

(A) The true name of the fortune-telling practitioner;

(B) Each service provided by the fortune-telling practitioner;

(C) The fees charged for each service provided by the fortune-telling practitioner;

(D) The statement, "By law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates."

(2) The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortune-teller. The sign lettering shall be of uniform size with each letter at least one-half (½) inch in height.

(3) If the fortune-telling service is provided at a location other than the fortune-teller's permanent place of business, the fortune-teller shall provide the information required by this section on eight and one-half (8½) by 11 inch paper in legible print or type. The paper shall also include the name and permanent address of the person(s) providing the fortune-telling services. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortune-telling services.

(4) No person shall charge any fee, payment, remuneration, or item of value for fortune-telling services in excess of the fees set forth on the sign or paper required by this Section.

(g) Receipts. Prior to the acceptance of any money or item of value from a client, other than the acceptance of a gratuitous tip given voluntarily by the client, the fortune-teller shall issue a written receipt to the client, clearly showing:

(1) The date;

(2) The name of the client;

(3) The amount of money received or specific description of item of value received; and

(4) The purpose for which the money or item of value was received.

(h) Client's Record of Consultation. No person engaging in fortune-telling services shall prohibit a client from making an audio recording or taking written notes of the information conveyed by the fortune-teller.

(i) Revocation of Permit. The City Manager shall, at all times, have the power to revoke any permit granted hereunder should the City Manager determine:

(1) That the permittee has violated any provision of this division; or

(2) That any information contained in the permit application is false; or

(3) That the issuance of the permit was based upon fraud, mistake or any misleading or untrue statements.

Should the City Manager have reason to believe that grounds for revocation exist, the City Manager shall notify the permittee, by registered mail, return receipt requested, addressed to the permittee at the address provided in the application and stated on the permit. Said notice shall set forth the date, time and location of a hearing to be held on the matter. Said hearing shall be held within 20 days after said notice is mailed.

The City Manager shall conduct a revocation hearing, at the time and place specified, to determine whether the permit shall be revoked. All interested persons shall be heard at the hearing. The burden of proof for revocation shall be on the City.

Unless the permittee agrees in writing to an extension of time, the City Manager shall make his or her decision regarding the revocation within 48 hours after completion of the hearing, and shall cause written notice of said decision to be sent to the permittee by registered mail, return receipt requested within twenty-four hours after said decision is made. If the permit is revoked, the notice shall contain findings supporting the decision. An appeal of the City Manager's decision may be taken pursuant to Section 9.61.110.

(j) Exception—Entertainment. The provisions of this division shall not apply to any person engaged solely in the business of entertaining the public by demonstrations of fortune-telling at public places and in the presence of and within the hearing of all other persons in attendance, and at which no questions are answered as part of such entertainment except in a manner to permit all persons present at such public place to hear such answers.

(k) Exception—Religious Practice. The provisions of this division shall not be construed to include, prohibit or interfere with the exercise of any religious or spiritual function of any priest, minister, rector, or an accredited representative of any bona fide church or religion where such priest, minister, rector, or accredited representative holds a certificate of credit, commission or ordination under the laws of any state or territory or the United States of America or any voluntary religious association, and who fully conforms to the rites and practices prescribed by the supreme conference, assembly, convention, convocation, association synod of the system or faith with which they are affiliated, provided, however, that any church or religions organization which is organized for the primary purpose of conferring certificates of commission, credit or ordination for a price and not primarily for the purpose of teaching and practicing a religious doctrine or belief, is not deemed to be a bona fide church or religious organization.

(l) Penalties. Any person violating or failing to comply with any provision of this Section shall be guilty of an infraction, and subject to punishment as set forth in the Municipal Code.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-21, 12/13/94)

§ 9.07.110 Recycling Facilities.

(a) No person shall establish or operate a recycling facility within the City of Dana Point without first obtaining the approval or permit required by this Section. Recycling facilities permitted by this Section shall comply with all applicable criteria and standards as follows and any additional conditions which may be established by the Planning Commission:

(1) Reverse Vending Machines. Reverse vending machines occupying up to 50 square feet of floor area within or directly adjacent to a commercial structure maybe approved by the Director of Community Development when the machines:

(A) Are established in conjunction with a primary use which is in compliance with the Zoning, Building, Fire and Health Codes of the City and County;

(B) Are located within 30 feet of the entrance to the primary use, and do not obstruct pedestrian or vehicular circulation;

(C) Do not occupy parking spaces required by the primary use;

(D) Do not require additional parking spaces;

(E) Are not more than eight feet in height;

(F) Are constructed and maintained with durable waterproof and rustproof material;

(G) Are clearly marked with operating instructions and the telephone number of a responsible person to call if the machine is out of order;

(H) Are maintained in a clean, attractive, and litter free condition on a daily basis;

(I) Are illuminated to ensure comfortable and safe operation;

(J) Are usable at least as long as the operating hours of the primary use.

(2) Small Collection Recycling Facilities and Mobile Recycling Units. Small collection facilities and mobile recycling units occupying less than 500 square feet of floor area may be approved by the Planning Commission pursuant to a Conditional Use Permit when the facilities or units:

(A) Are established in conjunction with a primary use which is in compliance with the zoning, building, fire and health codes of the City and County;

(B) Occupy no more than three of the parking spaces required for the primary use, not including spaces required for the periodic removal of containers or materials;

(C) Do not obstruct pedestrian or vehicular circulation;

(D) Accept only glass, metals, plastic containers, and paper. Other reusable materials may be permitted if reviewed and deemed appropriate by the Planning Commission;

(E) Use no power driven equipment other than that required to operate reverse vending machines;

(F) Are constructed and maintained with durable waterproof and rustproof material;

(G) Are secure when the site is not attended;

(H) Are of sufficient capacity to accommodate materials collected and the proposed collection schedule;

(I) Are maintained in a clean, attractive, and litter free condition on a daily basis;

(J) Are clearly marked with operating instructions and a telephone number of a responsible person to call if the facility is out of order;

(K) Require no additional parking spaces;

(L) Are attended during their hours of operation, which should be as least as long as those of the primary use(s) to which they are appurtenant, and are operated in a manner so as not to disrupt the activities of the primary use(s) or nearby residential properties.

(M) Such facilities shall only provide recycling services for resident household recyclers. Such facilities shall not provide recycling services and shall not accept deposits from merchant or vendor recycling services.

(3) Large Collection Recycling Facilities. Large collection recycling facilities covering more than 500 square feet of floor area or established independent of an existing commercial use may only be permitted by approval of a Conditional Use Permit, pursuant to Chapter 9.65, when the facilities:

(A) Maintain a 300 foot distance from property zoned for residential use;

(B) Are maintained in a clean, attractive, and litter-free condition on a daily basis;

(C) Provide covers, secure containers for the exterior storage or material;

(D) Provide one parking space for each 500 square feet of floor area, plus one space for each employee and one space for each commercial vehicle operated by the facility;

(E) Are attended during their hours of operation, which shall be limited to the hours of 8:00 a.m. to 5:00 p.m. daily, and are operated in a manner so as not to disrupt the activities of the primary use(s) to which they are appurtenant or nearby residential properties;

(F) Operate using only such power-driven processing equipment as may be approved by the Planning Commission.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.07.120 Outdoor Display, Sales or Storage.

The following restrictions shall apply to the outdoor display, sales, or storage of goods and materials in non-residential districts:

(a) Only goods and materials associated with on-site uses may be stored, sold, or displayed.

(b) No outdoor display, sales, or storage shall exceed six feet in height except as approved by a Site Development Permit or Temporary Site Development Permit as outlined in Chapters 9.71 and 9.39, respectively.

(c) Outdoor display, sales, and storage of garden equipment and supplies, and building materials may only be permitted as an accessory use within the side or rear yards of properties zoned for such uses.

(d) No outdoor display, sales, or storage shall occupy any part of a required parking area or encroach upon the public right-of-way.

(e) Outdoor display, sales, or storage shall not violate sight visibility area standards of Section 9.05.090 of this Code.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.130 Service Stations.

(a) Public Services. All service stations shall provide the following facilities and services to the public free of charge:

(1) Restrooms maintained in a clean and sanitary condition.

(2) Water and air shall be made available 24 hours per day in a convenient, conspicuous and well-lit location. All air hoses shall be equipped with operating and accurately calibrated gauges.

(b) Facility Design. The site design of any new service station shall be in substantial conformance with the design concepts illustrated below. This requirement shall also apply to the remodeling of any existing service station where more than 50% of the floor area of the existing structure is demolished or remodeled.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94; Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96)

§ 9.07.140 Solid Waste Disposal Facilities.

A solid waste disposal facility may only be permitted by approval of a Conditional Use Permit pursuant to Chapter 9.65. The Conditional Use Permit shall establish appropriate conditions of approval to address the following development standards and operational controls:

(a) Visual Screening. The facility shall be provided with visual screening, appropriate to the size, location, and orientation of the site, to prevent public view of facility operations.

(b) Noise. The facility shall not include any operations or machinery that would violate the City Noise Ordinance.

(c) Odor Control. The facility shall employ whatever means necessary to eliminate and contain odors on site.

(d) Buffer Areas. Buffer areas to provide sufficient separation between the facility and adjacent uses. The buffer area shall include solid walls or fencing and landscaping.

(e) Hours of Operation. The hours of operation of the facility shall be limited so as not to disturb adjacent uses. In no case may the facility be operated during the hours between 6:00 p.m. and 7:00 a.m.

(Added by Ord. 93-16, 11/23/93)

§ 9.07.150 Trash and Recycling Storage Areas.

(a) Purpose.

(1) The California Solid Waste Reuse and Recycling Access Act (Act) was adopted to meet the urgent need for state and local agencies to address access to solid waste for source reduction, recycling, and composting activities. In accordance with the California Integrated Waste Management Act of 1989 (AB 939), the City of Dana Point must divert 50% of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities. As such, diverting 50% of all solid waste will require the participation of residential, commercial, industrial, and public sectors.

(2) The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for the City to address access to solid waste for source reduction, recycling, and composting activities.

This Section has been developed to meet that need and comply with Public Resources Code Section 42911. This Section will fulfill the requirements of State Law, while being tailored to address issues specific to the City of Dana Point.

(b) Definitions. The following definitions shall apply to the language contained in this Section:

"Development project"

means any of the following:

(1) A project for which a building permit is required for a commercial, office, industrial, institutional, or residential building, where solid waste is collected and loaded. At a minimum, this includes all new development projects, and any single alternation of an existing development project requiring a building permit.

(2) Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste.

"Recycling area" or "area for recycling"

means space allocated for collecting and loading of recyclable materials.

(c) General Requirements.

(1) Any new development project for which an application for a building permit is submitted on or after the effective date of this Section shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials. A plan shall be submitted to the Director of Community Development that shows the location, materials, and size of such facilities. Such plan shall be approved prior to issuance of grading or building permits.

(2) Any improvements for areas of a public facility used for collecting and loading solid waste shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials.

(3) Any existing project for which an application for a building permit is submitted on or after the effective date of this Section for modifications that meet one or both of the conditions below shall include adequate, accessible and convenient areas for collecting and loading recyclable materials according to the size and design standards as defined in subsection (d).

(A) A single alteration which is subsequently performed that adds 30% or more to the existing floor area of the development project; or

(B) Multiple alterations which are conducted within a 12 month period which collectively add 30% or more to the existing floor area of the development project.

(d) Size and Design Standards. Facilities for recycling shall be designed in accordance with the following standards.

(1) Size Standards. Areas for recycling shall be adequate in capacity, number, and distribution to serve the uses and development where the project occurs. Refer to the City's Recycling Guidelines for the recommended sizes for recycling facilities.

(2) Design Standards.

(A) Bin-type trash, recyclable and green waste storage areas shall be screened with an enclosure.

(B) The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

(C) Recycling containers or facilities shall provide protection against weather or other conditions which might render the collected materials unmarketable.

(D) Bin-type trash, recycling and green waste storage facilities shall have the ability to be accessed at all times by collection vehicles and personnel. Minimum clearance required by the collection methods and vehicles utilized by the hauler shall be utilized.

(E) Bin-type trash, recycling and green waste storage facilities shall have a maximum one square foot sign, clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein. The sign shall be posted adjacent to all points of access to the recycling areas.

(F) Developments and transportation corridors adjacent to recycling areas shall be adequately protected from any adverse impacts.

(G) The property owner shall be responsible for the upkeep and care of the trash, recyclable and green waste storage areas, gates, and enclosures so that it shall remain in a clean and working condition.

(H) Each trash, recycling and green waste container shall be covered. Container lids may act as suitable cover, provided that they remain fully closed.

(3) Recycling Guidelines. Applicants should refer to the City's Recycling Guidelines for assistance in designing facilities for recycling.

(e) Location.

(1) The exterior trash, recycling and green waste storage area may be located on the outside or the exterior of a structure/building, or in a designated interior area with access such as a garage, or in rear yards and interior side yards. Except as noted in subsection (4), Exceptions to Location Standards below, the exterior storage area shall not be located in any required front yard setback, unfenced street side yard, required parking, open space or landscaped areas. The trash, recycling and green waste storage containers shall not be visible from any public right-of-way.

(2) Trash, recycling and green waste areas shall not be located in any area required by the Municipal Code to be constructed and/or maintained as unencumbered, according to fire and other applicable building and/or public safety laws.

(3) Within multiple residential developments there shall be a trash, recycling and green waste storage area located no greater than 250 feet from each living unit.

(4) Exceptions to Location Standards. The primary goal of this Section is to require and/or encourage a well designed and attractive trash, recycling and green waste collection facility at each property while minimizing undue hardships for the property owner(s). Hardships are recognized based upon the unique features inherent to each existing developed property that may interfere with the goal of siting the recyclable storage area. Trash, recycling and green waste storage areas proposed in areas other than those permitted by subsections (1) through (3) above, may be approved if properly designed. Also, the screening of trash containers, when properly designed, may exceed the height limitations in Section 9.05.120. Property owners may submit an application for approval of a minor Conditional Use Permit in order to vary from locational standards or the height of screening for the trash containers. Applications for such proposals are required to include a letter and site plan explaining the locational hardship, and payment of applicable fees.

The Director of Community Development may approve the minor Conditional Use Permit pursuant to Chapter 9.65. In approving a minor Conditional Use Permit for altering the location standards or screening height for a trash storage area, the Director of Community Development must make the following findings:

(A) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and the proposal will not adversely affect or be materially detrimental to the adjacent uses, buildings, or structures.

(B) That this request is made on the basis of a hardship condition and not as a matter of convenience.

(C) That trash, recycling and green waste containers shall be aesthetically pleasing and adequately screened so as not to be seen from the public right-of-way.

(f) Amortization Of Non-Conforming Development.

(1) Unless an extension is granted by the City in accordance with subsection (f)(2) below, within 90 days for residential land uses and one year for non-residential land uses, following the date of adoption of this Section, whether or not existing developed properties obtain a building or grading permit for improvements as noted in subsection (c), all existing developed properties shall provide for trash, recycling and green waste storage areas in accordance with the requirements of this Section.

(2) Time Extension. Prior to the expiration of the 90 day or one year period, a written request may be made to the Community Development Department for an extension in accordance with the following:

(A) Time Period. The Planning Commission may approve a time extension for a period deemed appropriate, up to one year.

(B) Application and Fee. An application shall be submitted on a form provided by the Director of Community Development and accompanied by a fee set by a Resolution of the City Council. The application shall include a letter from the property owner indicating why the amortization period would create a hardship.

(C) Findings. The Planning Commission shall make the following finding in approving an extension of time for the amortization period:

1. That due to special circumstances, immediate installation will result in hardship for the applicant.

(g) Inconsistent Provisions. This Section shall supersede any inconsistent provisions of the Dana Point Municipal Code and any other ordinance or regulation to the extent that such regulation is less restrictive than the provisions hereof. This Section shall not affect the requirements of any ordinance or regulation to the extent that such regulation is more restrictive than the provisions of this Section.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.07.160 Single Room Occupancy.

All single room occupancy (SRO) projects shall comply with the following provisions:

(a) General Provisions.

(1) A Conditional Use Permit shall be required for all SRO projects.

(2) All units in a SRO project shall be for rent only.

(3) The rates for the rental of units in a SRO project shall be restricted so that 50% of the units in the project are affordable to persons of very low income and 30% of the units are affordable to persons of low income, as defined under Affordable Housing. Twenty percent of the units may be unrestricted.

(4) Affordable units must be rented on a monthly basis. Unrestricted units can be rented on a daily, weekly or monthly basis.

(5) A transient occupancy tax of 5% shall be charged on all stays of less than 31 days and transmitted to the City of Dana Point.

(b) Unit Requirements.

(1) Unit Size. Units in a SRO project shall comply with the following size requirements:

	Minimum Size	Maximum Size
One-person unit	150 sf	225 sf
Two-person unit	250 sf	350 sf

The average size of all units within a SRO project may not exceed 300 square feet.

(2) Maximum Occupancy. Units of 225 square feet or less may not be occupied by more than one person. No more than two persons shall occupy any unit which is greater than 250 square feet.

(3) Furnishings. Each unit within a SRO project shall be furnished with a bed, chair, table, and telephone.

(4) Facilities. Full or partial kitchens, bathrooms and laundry facilities must be provided in every SRO project. Such facilities may be enclosed within each unit or provided in a common area. Laundry facilities may be deleted if the project is located within 1,000 feet of an existing laundromat.

(c) Project Requirements.

(1) Number of Units. All proposed SRO projects shall contain at least 10 SRO units, not including the required on-site manager's unit.

(2) Manager's Unit. All SRO projects shall include a dwelling unit for an on-site manager. Said unit shall be at least 500 square feet but shall not exceed 800 square feet. Said unit shall be located on the ground floor of the project and shall be adjacent to the lobby of the project.

(3) Entryway/Lobby Design. All SRO projects shall have one controlled entryway into a main lobby area. The lobby area shall include a front desk with facilities for a receptionist to monitor activity in the lobby. The lobby shall include mailboxes located either behind the front desk or in the common area. Other facilities which should be considered for areas adjacent to the lobby are storage facilities, laundry facilities and vending machines. The lobby area shall be monitored by video cameras.

(4) Parking. Each SRO project shall provide three parking stalls plus .5 parking stalls for every one-person unit and .8 parking stalls for every two-person unit. In addition, each SRO project shall provide .4 secure bicycle stalls for each unit excluding the on-site manager's unit.

(5) Common Areas. Each SRO project shall provide a minimum of 400 square feet of common recreational space. An additional 50 square feet of common recreational space shall be required for each SRO unit over 10. The required space may be provided in multiple areas, however no area less than 200 square feet may be counted toward this requirement.

(6) Building Code Compliance. All SRO projects shall comply with the most recently adopted City Building, Plumbing, Mechanical, Electrical, Fire and Housing Codes.

(d) Management Plan.

(1) A management plan shall be submitted for review and approval along with the submittal for the Conditional Use Permit. The plan shall address all management and operations policies, security programs, emergency procedures, rental procedures, resident rules, proposed rental rates and maintenance programs. The plan shall also include a provision for an annual report to be submitted to the City detailing the operations of the facility.

(2) The management plan shall include a provision for an on-site, 24 hour manager.

(3) The management plan shall include a security plan which includes a comprehensive video monitoring system, secured entrances and exits, and should include other regulations which would serve to promote the safety of the project tenants.

(Added by Ord. 93-16, 11/23/93; amended by Ord. 94-09, 5/24/94)

§ 9.07.170 Demolition of Structures.

(Pending)

§ 9.07.180 Timeshare Development and Operation Standards.

(Pending)

§ 9.07.190 Keeping of Animals in Residential Districts.

The keeping of animals in residential districts shall be subject to the following provisions:

(a) Number of Animals. The keeping of three or fewer dogs, cats, or other small animals over the age of four months is permitted in all residential districts. The keeping of between four and six domesticated animals over the age of four months shall be in compliance with the applicable provisions of Section 10.03.190 of the Municipal Code. The use agreement shall serve as an official acknowledgement by the permit applicant of the provisions of this Section.

(b) Domesticated Livestock. The keeping of up to two domesticated livestock, as defined in Section 9.75.120, is permitted in all residential districts subject to the execution of a use agreement with the City of Dana Point and the issuance of an animal permit by the Orange County Health Care Agency. The use agreement shall serve as an official acknowledgement by the permit applicant of the provisions of this Section. Approval of the permit shall be subject to the following findings as determined by the Director of Community Development:

(1) That the domesticated livestock animal(s) at the proposed location will not jeopardize, endanger, or otherwise constitute a menace to the public health or safety; and

(2) That the proposed site is adequate in size and shape to accommodate the number and type of animal(s) for which the permit is requested without harm to the animal(s) or material detriment to the use, enjoyment, or valuation of the property of other persons located in the vicinity of the site.

(3) That there shall be no more than one animal on lots less than 15,000 square feet in size and that a maximum of two animals may be permitted on lots over 15,000 square feet in size.

(4) That lots containing domesticated livestock shall have a solid, impenetrable fence or wall in accordance with the provisions of Section 9.05.120.

(5) That domesticated livestock shall be spayed or neutered and continuously registered with an applicable, nationally recognized animal association or organization.

(c) Location. Structures for the keeping of animals overnight (i.e. pens, cages, aviaries, corrals, stables, etc.) excepting dog houses or rabbit hutches, other than inside the subject residence are not permitted:

(1) Within 25 feet of any adjoining existing residential structure, or any area where a residential structure may be legally located if no residential structure exists; or

(2) Within any required front yard setback area.

(d) Prohibited Uses. The following animal related uses are prohibited in residential districts:

(1) The keeping of livestock (as defined in Section 9.75.120), poultry or bees;

(2) The keeping of more than six animals over the age of four months;

(3) Kennels, unless approved in accordance with a use agreement and animal permit pursuant to subsection (a) above;

(4) Grooming parlors; or

(5) Commercial breeding and sales of animals.

(Added by Ord. 94-09, 5/24/94; amended by Ord. 94-21, 12/13/94; Ord. 96-10, 8/13/96)

§ 9.07.200 Tattoo Parlors.

The operation of any tattooing establishment, as defined in Section 9.75.270, within the City of Dana Point shall be in compliance with the applicable provisions of Chapter 6 of the Dana Point Municipal Code. Tattoo parlors may only be permitted subject to the issuance of a conditional use permit pursuant to Chapter 9.65.

(Added by Ord. 94-09, 5/24/94; amended by Ord. 96-10, 8/13/96; Ord. 96-13, 11/26/96)

§ 9.07.210 Accessory Dwelling Units.

(a) Purpose and Intent. The purpose of this Section is to facilitate the increased production of accessory dwelling units ("ADUs") and provide for reasonable regulations for their development on lots developed or proposed to be developed with residential dwelling(s), in accordance with California Government Code Section 65852.2, or any successor statute. Formerly referred to as "second dwelling units" or "granny flats" in the City of Dana Point Municipal Code, such ADUs can contribute needed housing to the community's housing stock and promote housing opportunities for persons from a range of socioeconomic backgrounds who wish to reside in the City of Dana Point. In addition, the regulations in this Section are intended to promote the goals and policies of the City's General Plan, Local Coastal Program, and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including Government Code Sections 65852.2 and 65852.22.

(b) Definitions.

An "attached accessory dwelling unit"

shall mean and refer to an accessory dwelling unit, as that term is defined in Government Code 65852.2(j)(1) that is connected via a permanent wall, ceiling, or floor to either a primary dwelling or an accessory structure located on the same lot. Attached accessory dwelling units do not include those ADUs which are attached to a primary structure via patio structure, overhang, or breezeway.

A "detached accessory dwelling unit"

shall mean and refer to an accessory dwelling unit, as that term is defined in Government Code 65852.2(j)(1) that is not connected via a wall, ceiling, or floor to either a primary dwelling or an accessory structure located on the same lot.

The term "multi-family dwelling structure"

means a structure with two or more attached dwelling units on a single lot. Multiple detached single-unit dwellings on the same lot shall not be considered "multi-family dwelling structures" for the purposes of this Section, and instead shall be deemed to be single family dwellings. Detached non-residential accessory structures, such as leasing offices, club houses, and other similar structures shall not be considered "multi-family dwelling structures."

The term "living area"

shall mean the interior habitable area of the primary dwelling unit, including basements and attics, but not including garages or accessory spaces, consistent with Government Code Section 65852.2(j)(4).

The term "total floor area"

shall mean the total floor area of the ADU, inclusive of all habitable areas and non-habitable areas of the structure, including, but not limited to, stairways, hallways, basements, attics, garages, storage areas, restrooms, and any other accessory spaces, consistent with Dana Point Zoning Code Section 9.75.060.

(c) Applicability.

(1) New Accessory Dwelling Units. Any construction, establishment, alteration, enlargement, or modification of an accessory dwelling unit shall comply with the requirements of this Section, the underlying development standards in the zoning district in which the lot is located, as well as any applicable overlay district, and the City's Building and Construction Codes as set forth in Title 8.

(2) Legal Nonconforming Accessory Dwelling Units. All accessory dwelling units which were legal at the time of their creation but which do not conform to this Section are deemed legal nonconforming and shall be subject to the provisions of Chapter 9.63 (Nonconforming Uses and Structures).

(3) Existing Illegal Accessory Dwelling Units. Subject to Government Code Section 65852.2(e)(2) and (n), the provisions of this Section shall in no way validate any existing illegal accessory dwelling unit. An application may be made pursuant to this Section to convert an illegal accessory dwelling unit to a legal conforming accessory dwelling unit, and shall be subject to the same standards and requirements as for a newly proposed accessory dwelling unit.

(4) Designation of Existing Primary Dwelling Unit to Accessory Dwelling Unit. An existing residential structure may be designated as an accessory dwelling unit at such time as a new primary dwelling unit is constructed, provided the existing structure conforms to all current development standards of this Section and approval of an Accessory Dwelling Unit Permit is obtained.

(d) Accessory Dwelling Unit Permit Required. There are three types of ADUs identified in this Section: those subject to mandatory approval, those subject to non-mandatory approval, and ADUs that are subject to discretionary approval via a Site Development Permit. All three types of ADUs require an ADU Permit, as set forth below.

(1) Permits. With the exception of legal nonconforming accessory dwelling units described in Subsection (b)(2) above, all accessory dwelling units require an Accessory Dwelling Unit Permit. The applicant shall also obtain a building permit as required by the City's Building and Construction Codes set forth in Title 8 and record a deed restriction as provided in Subsection (f)(3) of this Section.

(2) Application Processing. An application for an Accessory Dwelling Unit Permit shall be made on forms provided by the Department of Community Development and be submitted with any applicable fees. The application form shall specify all information needed in order for the ADU Permit application to be deemed complete. The application fee shall be established by resolution of the City Council. An application for an ADU Permit will be deemed complete once all information required by the application form has been submitted to the Community Development Department, including all required fees, and all changes required to building permit plans submitted to the Community Development Department have been made to the satisfaction of the Director. The applicant shall be notified in writing once the Director determines the application is complete.

(3) Review.

(A) The Community Development Director or designee will review and approve complete applications for Accessory Dwelling Unit Permits for compliance with the requirements of this Section. The Accessory Dwelling Unit Permit application shall be considered ministerially without any discretionary review or a public hearing.

(B) The Community Development Director or designee shall either deny an application within 60 days after it is deemed complete, or approve it within the same time period if the proposed accessory dwelling unit complies with the requirements of this Section, the underlying development standards in the zoning district in which it is located, as well as any applicable overlay district. Prior to issuance of any building permits relating to the accessory dwelling unit, the applicant shall record the deed restriction described in Subsection (f)(3).

(C) Except as otherwise provided in this Chapter and subject to Government Code Section 65852.2(f), the construction of an accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

(4) Permit Revocation.

(A) Subject to Government Code Section 65852.2(n), an Accessory Dwelling Unit Permit may be revoked if the accessory dwelling unit violates one or more requirements of this Section or any other applicable provisions of the Dana Point Municipal Code.

(B) The Building Official or designee shall provide written notice of the decision to revoke the Accessory Dwelling Unit Permit to the property owner by certified mail with return receipt requested.

(C) Within 15 days of the deposit of the notice of the decision to revoke the Accessory Dwelling Unit Permit in the United States mail, the property owner and/or occupant may request a hearing before the Community Development Director. If the City receives a timely request for a hearing in accordance with this subsection, the decision to revoke shall be stayed until the hearing is concluded and the Director has made his or her determination. If the City does not receive a request for a hearing within 15 days, the revocation of the Accessory Dwelling Unit Permit shall be final.

(D) If, after a hearing, the Director of Community Development affirms the revocation of the Accessory Dwelling Unit Permit, the property owner and/or occupant may appeal the Director's decision to the Planning Commission in accordance with Section 9.61.110. If the City receives a timely request for a hearing in accordance with Section 9.61.110, the decision to revoke shall be stayed until the hearing is concluded and the Planning Commission has made its determination.

(E) If, after a hearing, the Planning Commission affirms the revocation of the Accessory Dwelling Unit Permit, the property owner and/or occupant may appeal the Planning Commission's decision to the City Council in accordance with Section 9.61.110. If not timely appealed the decision of the Planning Commission shall be final. If the City receives a timely request for a hearing in accordance with Section 9.61.110, the decision to revoke shall be stayed until the hearing is concluded and the City Council has made its determination. Such decision by the Council shall be final.

(F) If an Accessory Dwelling Unit Permit is revoked, all provisions of law, including specifically those set forth in the Municipal Code, applicable when either a building permit or a Use Permit is revoked shall apply. In addition, the property owner shall, within 60 days, obtain all necessary permits and remove the kitchen facilities from the unit space, and shall not rent the unit except together with the primary residence to a single household.

(e) Development Standards Applicable to ADUs Subject to Mandatory Approval. Pursuant to Government Code Section 65852.2, subdivision (e), ADUs that meet the following development standards shall qualify for mandatory approval of an ADU Permit Application. Only one mandatory ADU shall be permitted per lot.

(1) ADUs Attached to Single Family Dwelling or Accessory Structure (Including a Detached Garage). An applicant may construct one attached ADU or one attached JADU per lot if the proposed ADU/JADU complies with all of the following development standards:

(A) The ADU or JADU must be wholly contained within the proposed space of a proposed single family dwelling, or within the existing space of an existing single family dwelling or an existing accessory structure.

(B) An accessory structure converted into an ADU may be expanded up to 150 square feet for ingress/egress.

(C) The ADU or JADU must have exterior access separate from the primary dwelling.

(D) The ADU or JADU must contain side and rear yard setbacks sufficient for fire and safety.

(E) The JADU must comply with all of the requirements of Government Code Section 65852.22.

(F) The ADU or JADU shall be subject to the sale, rental, and deed restriction requirements contained in Subsections 9.07.210(f)(2)–(3) and 9.07.215(d)(1)–(2).

(G) All ADUs and JADUs must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code. In addition, ADUs and JADUs that are attached to the primary dwelling shall contain a fire wall sufficient for fire retention.

(H) The total floor area of an attached ADU shall be limited to 50% of living area of the primary dwelling.

(I) The maximum height of an ADU attached to an accessory structure shall be limited to 16 feet. The maximum height for a JADU or ADU attached to a primary dwelling shall be the height of the underlying zoning district.

(J) All attached ADUs and JADUs shall be approved by the applicant's homeowner's association, if applicable, prior to an application being submitted to the City.

(K) An attached ADU or JADU shall be subject to the location requirements set forth in Subsection (f)(1) below.

(2) Detached ADU on Single Family Dwelling Lot. An applicant shall be allowed to construct one detached ADU per lot if all of the following development standards are satisfied:

(A) All portions of the detached ADU, including amenities such as HVAC equipment, staircases, and patio covers, shall be setback at least four feet from the side and rear yard property lines.

(B) A detached ADU constructed pursuant to this Section may be constructed in combination with an attached JADU that meets the requirements of Government Code Section 65852.22.

(C) The total floor area of the detached ADU shall not exceed 800 square feet.

(D) The maximum height of the detached ADU shall not exceed 16 feet.

(E) The ADU shall be subject to the sale, rental, and deed restriction requirements contained in Subsections (f)(2)–(3).

(F) All ADUs must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code.

(G) The detached ADU shall maintain a 10 foot separation from the primary dwelling and any accessory structure(s) located on the property.

(H) All detached ADUs shall be approved by the applicant's homeowner's association, if applicable, prior to an application being submitted to the City.

(I) An attached ADU or JADU shall be subject to the location requirements set forth in Subsection (f)(1) below.

(3) Attached ADUs on Lots Containing Existing Multi-Family Dwelling(s). An applicant shall be allowed to construct one attached ADU within each multi-family dwelling structure, if it meets all of the following development standards:

(A) The ADU must be contained within portions of existing multi-family dwellings that are not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages.

(B) All ADUs must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code. In addition, ADUs that are attached to the primary dwelling shall contain a fire wall sufficient for fire retention.

(C) No JADU may be constructed with a multi-family dwelling.

(D) A certificate of occupancy had been issued for the multi-family dwelling on or before January 1, 2020.

(E) Notwithstanding the limitation to one ADU as set forth in this Subsection (e)(3) of this Section, an applicant may be permitted to construct an additional number of ADUs within an existing multi-family dwelling, equivalent to not more than 25% of the existing multi-family dwelling units, upon the application for and issuance of a Site Development Permit pursuant to Subsection (h) of this Section.

(F) The ADU shall be subject to the sale, rental, and deed restriction requirements contained in Subsections (f)(2)–(3).

(G) The total floor area of an ADU shall be limited to 50% of the average living area of existing multi-family dwelling units.

(H) All ADUs shall be approved by the applicant's homeowner's association, if applicable, prior to an application being submitted to the City.

(I) The ADU shall be subject to the location requirements set forth in Subsection (f)(1) below.

(4) Detached ADUs on Existing Multi-Family Dwelling Lots. No detached ADU shall be constructed upon a lot containing an existing multi-family dwelling. Notwithstanding the forgoing, an applicant may construct up to two detached ADUs for each lot containing an existing multi-family dwelling, upon the application for and issuance of a Site Development Permit pursuant to Subsection (h) of this Section if all the following development standards are met:

(A) The maximum height of the detached ADU(s) shall not exceed 16 feet.

(B) All portions of the detached ADU, including ADU amenities such as HVAC equipment, staircases, and patio covers, shall be setback at least four feet from the side and rear yard property lines.

(C) A certificate of occupancy had been issued for the multi-family dwelling on or before January 1, 2020.

(D) No JADU may be constructed with a multi-family dwelling.

(E) The total floor area of the detached ADU shall not exceed 1,200 square feet.

(F) The detached ADU shall maintain a 10 foot separation from the primary dwelling and any accessory structure(s) located on the property.

(G) All detached ADUs shall be approved by the applicant's homeowner's association, if applicable, prior to an application being submitted to the City.

(H) The ADU shall be subject to the sale, rental, and deed restriction requirements contained in Subsections (f)(2)–(3).

(I) The ADU shall be subject to the location requirements set forth in Subsection (f)(1) below.

(f) Development Standards for ADUs Not Subject to Mandatory Approval. The development standards set forth below shall apply to all non-mandatory ADUs. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State Law.

(1) Zoning and Location Requirements. Accessory dwelling units shall be allowed in all zoning districts in the City that allow single family or multi-family dwelling residential uses, in accordance with the permit and development standards described in this Section, and subject to the exceptions set forth in Subsections (A) through (F) below.

(A) Flood Plain Overlay District. Due to the public safety concerns associated with water, erosion, and flood hazards, as well as the proliferation of existing nonconforming structures within the City's Flood Plain Overlay Districts, no attached or detached ADU shall be located in the City's Flood Plain Overlay District without obtaining a Site Development Permit pursuant to Subsection (h) of this Section.

(B) Coastal Overlay District. Pursuant to Government Code Section 65852.2(l), nothing in this Section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resource Code). As such, in accordance with the City's Certified Local Coastal Program, no attached or detached ADU shall be developed within the City's Coastal Overlay District without obtaining a Coastal Development Permit and Conditional Use Permit and otherwise complying with all provisions of the City's Local Coastal Program related to ADUs.

(C) Hillside Properties. Due to public safety concerns with hillside stability, small, narrow steep lots, drainage, and related traffic flow conditions, no attached or detached ADUs shall be constructed on any lot which contains a hillside condition, which shall mean a lot with a topographic slope percentage, as defined in Section 9.75.190 of this Dana Point Zoning Code, either front to rear or side to side, of 20% or greater, calculated in accordance with Section 9.05.110(a)(4)(A), without obtaining a Site Development Permit pursuant to Subsection (h).

(D) Existing Nonconforming Structure or Use. No attached or detached ADU shall be constructed on any lot which has an existing development constructed upon it, which is nonconforming with respect to the City's current use or development standards without obtaining a Site Development Permit pursuant to Subsection (h).

(E) Fire Ember Zone. No attached or detached ADU shall be constructed on any lot located within the City's Fire Ember Zone without obtaining a Site Development Permit pursuant to Section 9.07.210(H).

(F) In addition to the foregoing, the City shall review each Accessory Dwelling Unit Permit Application for any other issues related to adequacy of water or sewer services, and/or the impact of the proposed ADU on traffic flow, or public safety. In the event that the City identifies a potential issue with respect to adequate water/sewer, traffic flow, or public safety, the City may deny the application and/or require the applicant to submit a Site Development Permit application pursuant to Subsection (h).

(2) Sale, Rental, and Occupancy of Units. The accessory dwelling unit shall not be sold separately from the primary dwelling unit, and shall not be rented for less than 30 days. Beginning January 1, 2025, a natural person with legal or equitable title to the lot must reside in either the primary dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence.

(3) Deed Restriction. A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of the ADU Permit stating that: (A) the ADU is subject to the requirements of this Section; (B) the ADU shall not sold separately from the primary dwelling unit; (C) the ADU shall not be rented for less than 30 days; (D) beginning January 1, 2025, a natural person with legal or equitable title to the lot must reside in either the primary dwelling unit or the accessory dwelling unit as the person's legal domicile and permanent residence; and (E) the deed restriction runs with the land and each provision therein may be enforced against future owners of the property.

(4) Maximum Number of Units Allowed.

(A) Single Family Residential Zoning Districts. In single family residential zoning districts where ADUs are permitted, an applicant shall be allowed to construct one detached or attached ADU per lot, subject to the provisions contained in this Section. Pursuant to Government Code Section 65852.2, in addition to the one attached or detached ADU allowed in this Section, an applicant may also construct one Junior accessory dwelling unit so long as it complies with the requirements of Section 9.07.215.

(B) Multi-Family and Mixed-Use Zoning Districts with Existing Multi-Family Dwelling Structures. In multi-family or mixed use zoning districts where ADUs are permitted, an applicant shall be allowed to construct one attached ADU contained within portions of existing multi-family dwellings, that are not used as livable space, such as storage rooms, boiler rooms, passageways, attics, basements, or garages per lot zoned for multi-family or mixed use development, subject to the provisions contained in this Section.

(5) Required Setbacks. All attached and detached ADUs shall strictly comply with at least a four foot side setback and at least a four foot rear yard setback. All ADUs must also strictly comply with the front yard setback requirement of the underlying zoning district in which it is located. No portion of an attached or detached ADU, including, but not limited to, HVAC equipment, staircases, and patio covers, shall project into the required rear, side, or front yard setback. No setback requirement shall be required for a legally existing detached accessory structure, which is converted into an ADU. However, the converted ADU must comply with all of the other requirements of this Section, including the size, height, building separation, parking and permitting requirements set forth herein.

(6) Maximum Height/Stories.

(A) All detached ADUs, and all ADUs attached to accessory structures shall be subject to a height limitation of 16 feet, and shall be limited to, one story.

(B) An ADU that is attached to a primary dwelling may be constructed above the dwelling's attached garage, so long as the existing dwelling contains two stories and complies with all development standards applicable in underlying zoning district in which it is located, including, but not limited to, height.

(7) Building Separation Requirements. All ADUs shall comply with the City's building separation requirements as set forth in Chapters 9.09 and 9.13.

(8) ADU Size Requirements.

(A) Subject to Subsection (f)(8)(B) below, if an attached ADU is proposed as part of an existing or proposed primary dwelling, the total floor area of the ADU shall not exceed 50% of the living area of the existing primary residence.

(B) For all ADUs, the total floor area shall not exceed:

1. Eight hundred fifty square feet for an ADU having one bedroom or less; and

2. One thousand square feet for an ADU having more than one bedroom.

(C) The minimum square footage for an ADU shall be 150 square feet of total floor area.

(D) An ADU shall contain no more than two bedrooms.

(9) Additional Requirements.

(A) All detached ADUs shall be constructed upon a permanent foundation.

(B) ADUs shall include sufficient permanent provisions for living, sleeping, eating, cooking, and sanitation, including, but not limited to, washer dryer hookups and kitchen facilities.

(C) Subject to Government Code Section 65852.2(e)(1)(A), all detached ADUs must have separate utility meters. Consistent with Government Code Section 66013, the connection may be subject to a connection fee or capacity charge that is proportionate to the burden of the proposed ADU.

(D) All ADUs must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code. In addition, ADUs that are attached to the primary dwelling shall contain a fire wall sufficient for fire retention.

(E) All ADUs are required to have separate exterior access from the proposed or existing primary residence.

(F) Any attached or detached ADU shall be architecturally consistent with the primary residential or multi-family dwelling. In addition, all ADUs shall be designed and sited to: (i) be similar to the primary dwelling with respect to architectural style, roof pitch, color, and materials; (ii) protect public access to and along the shoreline areas; (iii) protect public views to and along the ocean and scenic coastal areas; (iv) protect sensitive coastal resources; and (v) minimize and, where feasible, avoid shoreline hazards.

(G) Solar panels shall be required for any attached or detached ADU.

(H) The accessory dwelling unit shall not cause a substantial adverse change on any real property that is listed in the National Register of Historic Places, and/or California Register of Historic Places, and/or the City of Dana Point Historic Architectural Resources Inventory.

(I) No roof decks or balconies shall be constructed above or upon an ADU.

(J) Detached ADUs shall only be located in the rear one-half (½) of the parcel. Attached ADUs shall only be located in the rear one-half (½) of the primary dwelling.

(K) In the event that the property upon which the ADU is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the ADU concurrent with their ADU application.

(10) Parking Requirements. Except as provided in Subsection (f)(10)(E) below, ADUs shall meet the following parking standards:

(A) At least one off-street parking space shall be provided per bedroom or per ADU, whichever is less.

(B) Parking spaces shall comply with Zoning Code Chapter 9.35, except as may be permitted in this Section, and be provided on the same lot as the ADU. A covered space is preferred, but not required.

(C) The parking space(s) for the ADU shall be in addition to the parking required for the primary residential dwelling unit(s).

(D) If uncovered, required parking may be located in required setback areas and may be provided through tandem parking. Applicants are encouraged to provide required uncovered parking spaces outside of front and street-side setback areas, if possible. If covered, required parking spaces shall comply with the setback and driveway length requirements applicable to the subject property. Notwithstanding the foregoing, the City may not allow tandem parking or parking to be provided within setback areas if it is determined to not be feasible due to specific site, topographical, or fire, life, and safety conditions.

(E) The foregoing parking standards shall not be imposed on an ADU in any of the following circumstances:

1. The ADU is located within one-half (½) mile walking distance of public transit (including bus stops); or

2. The ADU is located within an architecturally and historically significant district; or

3. The ADU is part of the proposed or existing primary residence or and existing accessory structure;

4. The ADU is located in an areas where on-street parking permits are required but not offered to ADU occupants; or

5. The ADU is located within one block of a car share vehicle area.

(g) Associated Permits. If an application for an ADU triggers the requirement for a discretionary or ministerial permit other than an ADU Permit and/or a building permit (including, but not limited to, a Site Development Permit, Coastal Development Permit and/or Conditional Use Permit), those associated permits must be applied for and obtained prior to application for an ADU Permit. The process for obtaining the associated permit(s) shall be as set forth in Title 9 of the Dana Point Zoning Code.

(h) ADU Development Beyond Minimum Standards. In the event an applicant desires to develop an ADU beyond the development standards set forth in this Section, he or she may apply for a discretionary Site Development Permit in accordance with Dana Point Zoning Code Chapter 9.71, which shall be considered by the Planning Commission and appealed to the City Council in accordance with the procedures set forth in Dana Point Zoning Code Section 9.61.110. However, in no case shall an ADU:

(1) Be constructed less than four feet from the side or rear property lines;

(2) Exceed the maximum building height of the zoning district;

(3) Include living area larger than 1,200 square feet;

(4) Include more than two bedrooms; and/or

(5) Exceed the number of units stared in Subsection (f)(4);

(6) Be sold, rented, or occupied in a manner prohibited by Subsections (f)(1)(F)(2)–(3).

(Added by Ord. 94-21, 12/13/94; amended by Ord. 96-10, 8/13/96; Ord. 03-07, 4/9/03; Ord. 20-06, 8/23/21)

§ 9.07.215 Junior Accessory Dwelling Units.

(a) Purpose and Intent. The purpose of this Section is to facilitate the increased production of junior accessory dwelling units ("JADUs") and provide for reasonable regulations for their development on lots developed or proposed to be developed with residential dwelling(s), in accordance with California Government Code Section 65852.2, or any successor statute. Formerly referred to as "second dwelling units" or "granny flats" in the City of Dana Point Municipal Code, such JADUs can contribute needed housing to the community's housing stock and promote housing opportunities for persons from a range of socioeconomic backgrounds who wish to reside in the City of Dana Point. In addition, the regulations in this Section are intended to promote the goals and policies of the City's General Plan, Local Coastal Program, and comply with requirements codified in the State Planning and Zoning Law related to accessory dwelling units in residential areas, including Government Code Sections 65852.2 and 65852.22.

(b) Applicability.

(1) New Junior Accessory Dwelling Units. Any construction, establishment, alteration, enlargement, or modification of a junior accessory dwelling unit shall comply with the requirements of this Section, the underlying development standards in the zoning district, as well as any applicable overlay district in which the lot is located, and the City's Building and Construction Codes as set forth in Title 8 of this Code.

(2) Legal Nonconforming Junior Accessory Dwelling Units. All junior accessory dwelling units which were legal at the time of their creation but which do not conform to this Section are deemed legal nonconforming and shall be subject to the provisions of Chapter 9.63 (Nonconforming Uses and Structures).

(3) Existing Illegal Junior Accessory Dwelling Units. The provisions of this Section shall in no way validate any existing illegal junior accessory dwelling unit. An application may be made pursuant to this Section to convert an illegal junior accessory dwelling unit to a legal conforming junior accessory dwelling unit, and shall be subject to the same standards and requirements as for a newly proposed accessory dwelling unit.

(c) Junior Accessory Dwelling Unit Permit Required.

(1) Permits. With the exception of legal nonconforming junior accessory dwelling units described in Subsection (b)(2) of this Section, all junior accessory dwelling units require a Junior Accessory Dwelling Unit Permit. The applicant shall also obtain a building permit as required by the City's Building and Construction Codes set forth in Title 8 and record a deed restriction as provided in Section 9.07.210.

(2) Application Processing. An application for a Junior Accessory Dwelling Unit Permit shall be made on forms provided by the Department of Community Development and be submitted with any applicable fees. The application form shall specify all information needed in order for the JADU Permit application to be deemed complete. The application fee shall be established by resolution of the City Council. An application for a JADU Permit will be deemed complete once all information required by the application form has been submitted to the Community Development Department, including all required fees, and all changes required to building permit plans submitted to the Community Development Department have been made to the satisfaction of the Director. The applicant shall be notified in writing once the Director determines the application is complete.

(3) Review.

(A) The Community Development Director or designee will review and approve complete applications for Junior Accessory Dwelling Unit Permits for compliance with the requirements of this Section. The Junior Accessory Dwelling Unit Permit application shall be considered ministerially without any discretionary review or a public hearing.

(B) The Community Development Director or designee shall either deny an application within 60 days after it is deemed complete, or approve it within the same time period if the proposed junior accessory dwelling unit complies with the requirements of this Section and the underlying development standards in the zoning district as well as any applicable overlay district in which the lot is located. Prior to issuance of any building permits relating to the junior accessory dwelling unit, the applicant shall record the deed restriction described in Subsection (b)(2) of this Section.

(C) Except as otherwise provided in this Section, the construction of a junior accessory dwelling unit shall be subject to any applicable fees adopted pursuant to the requirements of Government Code, Title 7, Division 1, Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012).

(4) Permit Revocation.

(A) The Building Official or designee may revoke a Junior Accessory Dwelling Unit Permit if the junior accessory dwelling unit violates one or more requirements of this Chapter.

(B) The Building Official or designee shall provide written notice of the decision to revoke the Junior Accessory Dwelling Unit Permit to the property owner by certified mail with return receipt requested.

(C) Within 15 days of the deposit of the notice of the decision to revoke the Junior Accessory Dwelling Unit Permit in the United States mail, the property owner and/or occupant may request a hearing before the Community Development Director. If the City receives a timely request for a hearing in accordance with this Subsection, the decision to revoke shall be stayed until the hearing is concluded and the Director has made his or her determination. If the City does not receive a request for a hearing within 15 days, the revocation of the Junior Accessory Dwelling Unit Permit shall be final.

(D) If, after a hearing, the Director of Community Development affirms the revocation of the Junior Accessory Dwelling Unit Permit, the property owner and/or occupant may appeal the Director's decision to the Planning Commission in accordance with Section 9.61.110. If the City receives a timely request for a hearing in accordance with Section 9.61.110, the decision to revoke shall be stayed until the hearing is concluded and the Planning Commission has made its determination.

(E) If, after a hearing, the Planning Commission affirms the revocation of the Junior Accessory Dwelling Unit Permit, the property owner and/or occupant may appeal the Planning Commission's decision to the City Council in accordance with Chapter Section 9.61.110. If the City receives a timely request for a hearing in accordance with Section 9.61.110, the decision to revoke shall be stayed until the hearing is concluded and the City Council has made its determination. Such decision by the Council shall be final.

(F) If a Junior Accessory Dwelling Unit Permit is revoked, all provisions of law, including specifically those set forth in the Municipal Code, applicable when either a building permit or a use permit is revoked shall apply. In addition, the property owner shall, within 60 days, obtain all necessary permits and remove the JADU improvements from the unit space, and shall not rent the unit except together with the primary residence to a single household.

(d) Development Standards. The development standards set forth below shall apply to all JADUs. For any development standard not explicitly identified below, the requirements of the underlying zoning district shall apply, unless superseded by State law.

(1) Sale, Rental and Occupation of Units. The JADU shall not be sold separately from the primary dwelling unit and shall be rented for less than 30 days. In addition, either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times, unless the property is owned by a government agency, land trust, or housing organization.

(2) Deed Restriction. A Deed Restriction prepared by the City shall be recorded on the subject property prior to issuance of the JADU Permit stating that: (A) the JADU is subject to the requirements of this Section; (B) the JADU shall not sold separately from the primary dwelling unit; (C) the JADU shall not be rented for less than 30 days; (D) that either the JADU or the primary dwelling in which the JADU is located shall be occupied by the property owner at all times; and (E) the deed restrictions run with the land and may be enforced against future owners of the property.

(3) Number of Units Allowed.

(A) Single Family Residential Zoning Districts. In single family residential zoning districts, an applicant shall be allowed to construct one JADU within the walls of an existing or proposed primary residence. Pursuant to Government Code Section 65852.2, in addition to the one junior accessory dwelling unit allowed in this Section, an applicant may also construct one attached or detached ADU allowed so long as it complies with the requirements of Section 9.07.210.

(4) Unit Size and Construction.

(A) The JADU shall not exceed 500 square feet.

(B) The JADU must be contained within the walls of an existing or proposed primary dwelling.

(C) No JADU shall be constructed in any dwelling that is nonconforming with respect to structure or use.

(D) All JADUs must include an efficiency kitchen, which includes all of the following:

1. A cooking facility with appliances;

2. A food preparation counter of reasonable size in relation to the size of the JADU; and

3. Storage cabinets that are of reasonable size in relation to the size of the JADU.

(E) Exterior access must be provided for all JADUs, separate from the main entrance to the primary residence.

(F) All JADUs must meet the requirements of all Uniform Codes, including, but not limited to, the California Building Code and the California Fire Code, as such codes have been adopted and amended by Title 8 of the City of Dana Point Municipal Code. In addition, JADUs shall contain a fire wall sufficient for fire retention.

(G) In the event that the property upon which the JADU is proposed is located within a Homeowners Association ("HOA"), the applicant shall submit to the City written evidence of the HOA's approval of the JADU concurrent with their JADU Permit Application.

(5) Parking. No additional parking shall be required for a JADU, other than that which is required for the primary residence.

(6) Associated Permits. If an application for a JADU triggers the requirement for a discretionary or ministerial permit other than a JADU Permit and/or a building permit (including, but not limited to, a Site Development Permit, Coastal Development Permit and/or Conditional Use Permit), those associated permits must be applied for and approved prior to application for a JADU Permit. The process for obtaining the associated permit(s) shall be as set forth in Title 9 of the Dana Point Zoning Code.

(Added by Ord. 20-06, 8/23/21)

§ 9.07.220 Mobilehomes.

(a) Purpose and Intent. This Section provides standards and procedures for the development and expansion of mobilehome parks and individual mobilehomes on individual lots in areas zoned for single family residential development. The following regulations shall apply to all new mobilehomes and mobilehome developments, and to the modification of existing mobilehomes or mobilehome developments. These regulations are established so that mobilehome development may be evaluated under conditions that will ensure their compatibility with other surrounding permitted uses, create a safe and desirable living environment for mobilehome residences, and address land use compatibility.

(b) Mobilehome Parks.

(1) Conditional Use Permit Required. The development of a new mobilehome park or the modification or expansion of an existing mobilehome park requires the approval of a Conditional Use Permit and Site Development Permit by the Planning Commission as described in Chapters 9.65 and 9.71.

(2) Development Standards. The general mobilehome park development standards are described in Chapter 9.09. In addition to those general standards, the following design criteria apply to mobilehome parks.

(A) Circulation. Vehicular and pedestrian circulation ways shall be separate. Adequate sight distance and warning information shall be maintained wherever such circulation ways intersect.

(B) Trash and Recycling Storage. Where individual trash and recycling pick-up is not provided, common trash and recycling storage area(s) shall be provided within a totally walled and roofed structure with a roof not exceeding 12 feet in height. The enclosure or enclosures shall be located within 200 feet of all mobilehomes within the park.

(C) Perimeter Landscaping and Walls. A perimeter wall of six feet in height shall be provided along the perimeter of the mobilehome park. A minimum of five feet of landscaped area shall be provided along each side of the required perimeter wall when such wall is adjacent to an existing or proposed public or private street. A minimum 10 foot landscape area shall be provided between the perimeter wall and mobilehomes where the perimeter wall is not adjacent to an existing or proposed public or private street.

(c) Individual Manufactured Homes on Individual Lots. In compliance with California Government Code Sections 65852.3 et seq., individual manufactured home installation in individual lots zoned for single family residential development shall comply with the following standards in addition to those of the base zoning district. For purposes of this Section, “manufactured home” shall mean mobilehome or modular home.

(1) Each manufactured home installation shall at a minimum, comply with the site development standards for the applicable RSF-2, -3, -4, -7, 8, -12, -14, or -22 zoning districts and for the RD-14 and RMF-7, -14, -22, -30 zoning districts. Manufactured homes shall also adhere to the development standards that are applicable to a conventional single-family dwelling. These are the only zoning districts in which individual manufactured homes may be placed on individual lots.

(2) Each manufactured home shall be placed on a foundation system consisting of a solid concrete or masonry wall under the outside perimeter of the manufactured home; or piers or other open construction meeting the requirements of the currently effective City Building Code, combined with skirting placed around the outside of the manufactured home in such a manner that the exterior siding appears to start at ground level.

(3) The exterior siding of the manufactured home shall be similar in appearance to siding material customarily used in conventionally-built single family dwellings. Matte-finish wood, vinyl or aluminum siding which are typically used in the construction of single family dwellings are permitted siding materials. High-gloss finishes and peeling, dented or damaged siding materials are not permitted.

(4) Roof pitch shall be similar to roofs of the same type and material on single family dwellings in the neighborhood. Flat roofs are only permitted if they are the predominant roof pitch in the neighborhood. Otherwise, a minimum roof pitch of 3:12 is required.

(5) Roofing material shall be consistent in color and texture with the roofs of existing single family dwellings in the neighborhood. Roofs made of corrugated metal, or rolled aluminum or fiberglass materials are not permitted.

(6) Roofs shall have an eave overhang of at least 16 inches, measured perpendicularly from the vertical side of the manufactured home.

(7) The exterior siding, roof materials and roof pitch of the garage shall be the same as the manufactured home siding, roof materials and roof pitch, and consistent with the siding, roof materials and roof pitch of existing single family dwellings in the neighborhood.

(8) Manufactured homes which are more than 10 years old are not permitted on single family residential lots. Proof of the date of manufacture of the manufactured home shall be required at the time of building plan check submittal.

(9) The permanent placement of a manufactured home on a single family lot shall comply with all required procedures from the California Health and Safety Code Section 18551.

(10) The permanent placement of a manufactured home on a single family lot shall comply with all required procedures from the California Health and Safety Code Section 18551.

(Added by Ord. 94-21, 12/13/94; amended by Ord. 96-10, 8/13/96; Ord. 00-07, 10/24/00; Ord. 23-08, 12/5/2023; Ord. 25-02, 2/4/2025)

§ 9.07.230 Massage Establishments.

The establishment and operation of any massage establishment, as defined in Section 9.75.270, within the City of Dana Point shall be in compliance with the applicable provisions of Chapter 5.20 of the Dana Point Municipal Code.

(Added by Ord. 96-10, 8/13/96)

§ 9.07.240 Drive Through Uses.

(a) Purpose and Intent. This section provides standards and procedures for the development of nonrestaurant drive through uses. These standards are established so that proposed drive through uses may be designed in such a manner to assure their compatibility and enhancement to the site and surrounding land uses, and to provide a safe and desirable living environment.

(b) Use Restrictions.

(1) Drive through uses shall only be permitted to sites that are developed entirely with commercial uses.

(2) Kiosks shall be prohibited.

(c) Development Standards.

(1) All forms of speaker amplification shall be prohibited.

(2) The hours of operation shall be limited from 7 a.m. to 10 p.m.

(3) On site parking.

(A) Drive Through uses shall comply with the parking standards of Section 9.35.080(e) for "General Retail".

(B) The total amount of required off-street parking may be reduced if justified by a parking demand study and an alternative parking design is submitted for review and approval by the Planning Commission to accommodate the total required off-street parking assuming the entire building contains retail uses.

(4) The drive through use shall be designed to minimize conflicts with on-site circulation and to preclude impacts to the public roadways. The on-site circulation shall be reviewed and approved by the Traffic Engineering Department.

(5) The drive through aisles shall be properly screened with landscaping to help minimize the potential visual impact.

(Added by Ord. 99-07, 8/10/99)

§ 9.07.250 Historic Resources.

(a) Purpose and Intent.

(1) To provide a voluntary program that aides property owners that wish to preserve historic properties within the community by providing fiscal benefits or zoning and code incentives to preserve their properties.

(b) Definitions. The following definitions shall apply to the language contained in this Section:

"Alteration"

means any change or modification, through public or private action, to the character-defining or significant exterior physical features of properties affected by this chapter. Such changes may be changes to or modification of structure, architectural details, or visual characteristics, grading, surface paving, the addition of new structures, and the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the significant visual and/or historical qualities of the property.

"Demolition"

means any act or process that destroys in part or in whole and individual historic resource or an historic resource or other structure within an historic district.

"Designated historic resource"

means a parcel or part thereof on which an historic resource is or has been situated, and any abutting parcel or part thereof constituting part of the premises on which the historic resource is situated, and which has been designated an historic resource in the Dana Point Historical Resource Register.

"Historic resource"

means improvements, buildings, structures, signs, or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the owner citizens of the City and the State of California, the Southern California region, or the nation which may be eligible for local designation for historic preservation by the City pursuant to the provisions of this Section. A historical resource is either included in the Inventory or may be added in accordance with Section 9.07.250(f)(2).

"Improvement"

means any building, structure, place, fence, gate, landscaping, tree, wall, parking facility, work of art, or other object constituting a physical feature of real property, or any part of such feature.

"Inventory"

refers to the 1997 City of Dana Point Historic Resources Inventory which identifies resources in the City which may be considered historical. Owners of property which were included in the Inventory are eligible to apply to be included on the City's Historic Resources Register.

"Ordinary maintenance and repair"

means any work, for which a building permit is not required by law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

"Preservation"

means the identification, study, protection, restoration, or acquisition of historic resources.

"Register"

refers to the City of Dana Point Historic Resource Register. Inclusion on the Register results from submittal of an application to the Community Development Department by the property owner, with exception of the two structures in the City which are eligible for listing on the National Register of Historic Places.

"Secretary of the Interior Standards for Rehabilitation"

means the guidelines prepared by the National Park Service for Rehabilitating Historic Buildings and the Standards for Historic Preservation Projects prepared by the National Park Service with Guidelines for Applying the Standards.

"Significant feature"

means the natural or man-made elements embodying style or type of historic resource, design, or general arrangement and components of an improvement, including but not limited to, the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvement.

(c) City of Dana Point Historic Architectural Resources Inventory.

(1) The 1997 City of Dana Point Historic Architectural Resources Inventory (Inventory) identifies resources in the City which may be considered historical. The Inventory was developed based on the National Register of Historic Places Guidelines for determining historical resources. Meeting criteria "j" and at least two of other criteria were utilized to determine the significance of a property. However, in most instances, at least four criteria applied. The criteria utilized in developing the Inventory is detailed below:

(A) Buildings, structures, or places that are important key focal or pivotal points in the visual quality or character of an area, neighborhood, or survey district.

(B) Structures that help retain the characteristics of the town that was 50 years ago.

(C) Structures that contribute to the unique urban quality of a downtown.

(D) Structures contributing to the architectural continuity of the street.

(E) Structures that are identified with a person or person who significantly contributed to the culture and/or development of the city, state, or nation.

(F) Structures that represent an architectural type or period and/or represent the design work of known architects, draftsmen, or builders whose efforts have significantly influenced the heritage of the city, state, or nation.

(G) Structures that illustrate the development of California locally and regionally.

(H) Buildings retaining the original integrity of and/or illustrating a given period.

(I) Structures unique in design or detail, such as, but not limited to, materials, windows, landscaping, plaster finishes, and architectural innovation.

(J) Structures that are at least 50 years old or properties that have achieved significance within the past 50 years if they are of exceptional importance.

(2) The Inventory identified two structures which may be eligible for listing on the National Register of Historic Places. As such, this section shall provide additional protection to these structures. The two structures are the Dolph Mansion located at 34000 Capistrano by the Sea and a single-family Palisades home located at 35101 Camino Capistrano.

(3) The Inventory also identified 61 properties which have potential to be considered historically significant and included on the City of Dana Point Historic Resources Register (Register).

(4) Resources are not subject to any provisions of this Section as result of being included in the Inventory. The intent of the Inventory is only to identify resources which are eligible for inclusion in the City's Register. Resources are included in the Register only upon request of the property owner, with exception of the two structures which may be eligible to be listed on the National Register of Historic Places.

(5) Properties identified in the Inventory shall not be prejudiced in any form as result of being included in the Inventory.

(d) Dana Point Historic Resources Register.

(1) A structure or resource becomes locally designated and included in the Dana Point Historic Resources Register only as result of the property owner submitting a Historical Preservation Application to the Community Development Department and approved by the Historic Preservation Commission. Procedures for applying for designation are defined in Section 9.07.250(f).

(2) The two structures eligible for listing in the National Register of Historic Places shall be designated by the City as historically significant and, as such, included in the local Register.

(3) Requests to delete a designated historic resource from the Register shall be submitted in writing to the Community Development Director who shall remove the property from the Register. The Community Development Director shall report the removal of resources from the Register to the Commission, when deemed necessary by the Director. See Section 9.07.250(g) for additional details related to removing structures from the Register.

(4) Requests to delete the two structures eligible for listing in the National Register of Historical Places for the purpose shall be subject review of the Historic Preservation Commission.

(5) The Community Development Director shall periodically propose and process for deletion from the Dana Point Register those designated historic resources which have been lawfully removed, demolished or disturbed to such an extent that, in the Community Development Director's opinion, they no longer qualify for placement on the Register.

(6) The Register shall be maintained by the Community Development Director or his/her designee.

(7) Owners which place their historical resource in the Register are eligible for incentives detailed in Section 9.07.250(i).

(e) Historic Preservation Commission.

(1) There is hereby established that the members of the City of Dana Point Planning Commission shall act as the Historic Preservation Commission, hereinafter referred to as the "Commission".

(2) A quorum of the Commission shall be defined as three voting members.

(3) Powers and Duties. The Commission shall have the following powers and duties:

(A) Adopt procedural rules for the conduct of its business in accordance with the provisions of this chapter.

(B) Recommend in accordance with the criteria set forth in section (e) the designation of historic resources including historic districts, landmark sites, and landmarks within the City including all information required for each designation.

(C) Maintain a local register of historic resources consistent with the National Register of Historic Places criteria including historic districts, landmark sites, and landmarks within the City including all information required for each designation.

(D) Adopt prescriptive standards to be used by the Commission in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any historic resource.

(E) Make recommendations to the City Council on the use of various federal, state, local, or private funding sources and mechanisms, such as the Mills Act and State Historic Building Code, available to promote historic resource preservation in the City.

(F) Approve or disapprove, in whole or in part, or approve with conditions, applications for permits pursuant to Section 9.07.250(h).

(G) Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements, and other similar documents, as set forth in this Section, pertaining to designated and potential historic resources. The Community Development Department shall forward such documents to the Commission for review as appropriate.

(H) Review and comment on actions and environmental documentation associated with City-sponsored actions, programs, capital improvements, or activities as they relate to designated and potential historic resources.

(I) Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic resource preservation.

(J) Provide opportunity for direct public participation in historic resource preservation responsibilities. Commission meetings shall be open to the public with published agenda and minutes in accordance with the California Open Meeting Act. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the Commission's activities.

(K) Confer recognition upon the owners of landmarks or property or structures within historic districts by means of certificates, plaques, or markers, and from time to time issue commendations to owners of historic resources who have rehabilitated their property in an exemplary manner.

(L) Undertake any other action or activity necessary or appropriate to the implementation of its powers or duties to fulfill the objectives of historic resource preservation.

(f) Historic Resource Designation Procedures.

(1) Property owners of resources identified in the 1997 City of Dana Point Historic Architectural Resources Inventory may request placement on the City of Dana Point Historic Resources Register in the following manner:

(A) Owner(s) of resources included in the City's Inventory may request inclusion in the Register by submitting a Historical Resource Application to the Community Development Department.

(B) Owner(s) of structures which were identified in the Inventory as being potentially eligible for the National Register of Historic Places are, upon adoption of this ordinance, considered locally significant and are included in the City's Register. National designation may also be requested for these structures.

(C) Historic Resource Applications shall be made to the Community Development Director or his/her designee, who shall within 30 days of receipt of a completed application, prepare and make recommendations on the contents of the contract for consideration by the Historic Preservation Commission. No fees are required to process the application.

(D) The Commission shall determine at a regular public meeting based on the documentation provided as to whether the nomination application is appropriate for and shall by motion approve the application in whole or in part, or shall by motion disapprove it in its entirety.

(E) The Director, Planning Commission or City Council may also initiate such proceedings on their own motion for resources on public property.

(2) Property owners not identified in the Inventory, upon demonstrating achievement of criteria "j" and two other criteria listed in Section 9.07.250(c)(1), may submit a Historical Resource Application requesting inclusion in the Register.

(g) Deletion From Dana Point Historic Resources Register.

(1) The procedure for deletion of a designated historic resource from the Dana Point Register shall be as follows:

(A) The owner(s) of a designated historic resource may request deletion of the listed resource from the Dana Point Register.

(B) Requests to delete a designated historic resource from the Register shall be submitted in writing to the Community Development Director who shall remove the property from the Register. The Community Development Director shall report the removal of resources from the Register to the Commission, as deemed necessary by the Director.

(C) Requests to delete the two structures which are eligible for National designation shall be subject to review by the Historic Preservation Commission. If deletion is requested for the purpose of demolishing the structure, a conditional use permit shall be required. Procedures for applying for a conditional use permit are detailed in Section 9.65 of the City's Zoning Code.

(D) The Community Development Director shall periodically propose and process for deletion from the Dana Point Register those designated historic resources which have been lawfully removed, demolished or disturbed to such an extent that, in the Community Development Director's opinion, they no longer qualify for placement on the Register.

(E) Requests to delete a designated historic resource that has benefited from any of the incentives identified in Section 9.07.250(i) shall be forwarded to the Commission for review and action, and may be subject to penalties deemed appropriate by the Commission based on the significance of the resource at the time of the proposed deletion.

(F) The Commission shall not recommend that a resource be removed from the City's list of designated historic resources unless it is discovered that the information relied on by the Commission and the City Council in making the original designation was erroneous or false, or that circumstances wholly beyond the owner's control have rendered the resource ineligible for designation based on the criteria listed in Section 9.07.250(e) and it would be unfeasible to restore the resource.

(h) Exterior Alteration Of Designated Historic Resources.

(1) Review Process. All applications for a building permit for exterior alteration to any designated historic resource shall be reviewed as follows:

(A) Community Development Department staff shall review and approve minor exterior alterations. Minor exterior alterations are those alterations which the Community Development Director or his/her designee determines will not adversely affect the exterior architectural characteristics nor the historical or aesthetic value of the historic structure, its site or surroundings including window replacement, routine maintenance, residential additions less than 250 square feet, and the replacement of minor nonhistoric architectural features with materials and detailing consistent with existing historical features of the structure.

(B) The Commission shall review and approve applications involving major modifications to any designated historic resource. Major alterations include substantial additions, alterations, and restorations to a designated historic resource.

(2) Application Process. Requests to conduct exterior alterations to a structure included on the Register shall be subject to a Site Development Permit. Minor alterations shall be reviewed by the Community Development Director while major alterations are to be reviewed by the Commission. The process and timeframe for submitting the Site Development Permit are detailed in Chapter 9.61 of the City's Zoning Code.

(3) Standards of Review. In evaluating applications, the review bodies shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. The prime concern should be the exterior appearance of the building site. The proposed alterations should not adversely affect the exterior architectural characteristics nor the historical or aesthetic value of the building and its site.

(4) Appeals. Any action by the Director may be appealed to the Commission. Any action by the Commission may be appealed by any interested party to the City Council. Appeal procedures shall follow those detailed in Chapter 9.61 of the City Zoning Code.

(5) Structures on Septic Systems. Applicants proposing alterations who are on a septic system and are located within 100-feet of a main sewer line shall include with their application plans for linking the property to the main sewer line. Properties in excess of 100-feet of the main sewer line are exempt from this provision and may continue operating on a septic system provided that the septic system is safe and operable.

(i) Preservation Incentives.

(1) The Commission is authorized to develop and implement preservation incentive programs that are consistent with this Chapter. Incentives shall be made available for properties listed on the Register that undergo maintenance or alteration consistent with the Secretary of the Interior Standards for Rehabilitation.

(A) State Historic Building Code. The Building Official is authorized to use and shall use the California State Historic Building Code (SHBC) for projects involving designated historic resources. The SHBC provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures designated as historic resources. The SHBC shall be used for any designated historic resource in the City's building permit procedure.

(B) Fee Waivers. Any permit fees for minor or major exterior modifications to historic resources done in accordance with the Secretary of the Interior Standards for Rehabilitation shall be waived provided that the work is consistent with the historic criteria under which the property was designated an historic resources.

(C) Development Standard Flexibility.

1. Parking Standards.

a. Designated residential structures may add additional floor area and bedrooms without providing additional parking provided that such additions do not exceed more than 50 percent of the original square footage of the structure and that at least two covered parking spaces have been provided onsite. This incentive is not available when second units are proposed.

b. Designated historic commercial structures with limited off-street parking may be granted a conditional use permit to allow a reduction in parking requirements to a maximum of 50 percent when supported by documentation that demonstrates that the use will not adversely affect parking availability to surrounding properties.

c. Designated historic commercial structures may add up to 15 percent of the existing floor area, not to exceed 500 square feet, without providing additional parking and without bringing any existing nonconformity into compliance with the current zoning regulations, subject to review and approval by the Commission. The addition must be removed if the historic building is demolished.

d. The Commission may establish a parking in-lieu fee for the adaptive re-use of designated historic commercial structures that have no or limited offstreet parking.

2. Setbacks.

a. Additions to designated historic resources shall be allowed to maintain legal non-conforming front, side and rear yard setbacks up to the line of existing encroachment, provided that all setbacks as required by the Uniform Building Code are maintained.

(D) Mills Act Contracts.

1. Mills Act contracts granting property tax relief shall be made available by the City of Dana Point only to owners of properties listed in the Dana Point Historic Resources Register, as well as properties located within the City of Dana Point that are listed in the National Register of Historic Places or the California Register of Historical Places. Properties that have been previously listed on the above-mentioned register(s), but that have been removed from the register(s) and are no longer listed, shall not be eligible for a Mills Act contract with the City.

2. Mills Act contracts shall be made available pursuant to California law. The Community Development Department shall make available appropriate Mills Act application materials. The Mills Act application may be processed with the Historic Resource Application.

3. Mills Act contract applications shall be made to the Community Development Director or his/her designee, who shall within 30 days of receipt of a completed application, prepare and make recommendations on the contents of the contract for consideration by the City Council. A fee of $40 for the application will be required, to cover all or portions of the costs of the preparation of the contract or an amount set by City Council Resolution may be charged.

4. The City Council shall, in public hearing, resolve to approve, approve with conditions, or deny the proposed contract. Should the City Council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal shall be deemed denied.

5. A Mills Act contract application that has failed to be approved by the City Council cannot be resubmitted for one year from the date of City Council action, or where the Council fails to take action, within one year from the date that the application is deemed denied pursuant to (4) above.

(E) Preservation Easements. Preservation easements on the facades of buildings designated as an historic resource may be acquired by the City or nonprofit group through purchase, donation, or documentation pursuant to California Civil Code 815.

(F) Official Recognition/Awards. The Commission, on an annual basis, may recognize those projects involving designated historic resources that have demonstrated a high level of commitment to maintaining or restoring the historic integrity of the resource. The Community Development Department may nominate all projects implemented within a calendar year for award consideration by the Commission.

(j) Duty To Keep In Good Repair.

(1) The owner, occupant, or other person in actual charge of a designated historic resource or an improvement, building, or structure shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

(2) Accordance with the Secretary of the Interior Standards for Rehabilitation.

(3) It shall be the duty of the Community Development Director to enforce this Section.

(k) Ordinary Maintenance And Repair.

(1) Nothing in this subsection shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this Section that does not involve a change in design, material, or external appearance thereof, nor does this ordinance prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the Community Development Director certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced according to the Secretary of the Interior's Standards.

(l) Enforcement And Penalties.

(1) Any person who violates a requirement of this Section or fails to comply with a condition of approval of any certificate or permit issued under this Section shall be guilty of a misdemeanor and subject to provisions of Section 1.01.200 of the Dana Point Municipal Code.

(2) Any person who constructs, alters, removes, or demolishes a designated historic resource in violation of this Section shall be required to restore the building, object, site, or structure to its appearance or setting prior to the violation. Any action to enforce this provision may be brought by the City of Dana Point or any other interested party. This civil remedy shall be in addition to, and not in lieu of, any criminal prosecution and penalty and other remedy provided by law.

(Added by Ord. 01-02, 2/27/01)

§ 9.07.260 Supportive Housing.

(a) Purpose. The purpose of this section is to establish development standards for supportive housing and to ensure the supportive housing is constructed and operated in a manner that is consistent with the requirements and allowances of State law, specifically Article 11 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with Government Code Section 65650.

(b) Applicability. The provisions of this section shall apply to all supportive housing projects.

(c) Planning Approval Required. An application to establish any supportive housing project shall be submitted to the Director of Community Development for review and approval. The decision to approve or deny the application shall be a ministerial in nature, without any discretionary review or a hearing. A decision by the Director of Community Development shall be taken within 60 days of a complete application being filed.

(1) Supportive housing projects shall be a use permitted by right and shall be considered a principal permitted use in all zones where multifamily and mixed uses are permitted provided the supportive housing is a residential component of a mixed-use project, including nonresidential zones permitting multifamily uses. Supportive housing projects are permitted where all the following requirements are met:

(A) Units within the development are subject to a recorded affordability restriction for 55 years.

(B) 100% of the units, excluding the manager unit(s), within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians.

(C) At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding manager unit(s), in the development shall be restricted to residents in supportive housing.

(D) Nonresidential floor area shall be used for on-site supportive services in the following amounts:

1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for on-site supportive services.

2. For a development with more than 20 units, at least 3% of the total nonresidential floor area shall be provided for on-site supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

(E) The developer replaces any dwelling units on the site of the supportive housing development to ensure that any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(F) Units within the development, excluding manager unit(s), include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(d) Development and Operational Standards. Supportive housing projects shall comply with all the following standards:

(1) The project shall comply with all development standards and any written objective standards or policies required of multifamily developments in the same zone.

(2) The applicant shall submit a plan for providing supportive services, to include all the following items:

(A) Documentation that supportive services will be provided on site.

(B) The name of the proposed entities that will provide supportive services.

(C) The proposed funding sources for the services provided.

(D) Proposed staffing levels.

(3) No minimum parking requirements shall be required for the units occupied by supportive housing residents for projects located within one-half mile of a public transit stop.

(e) Definitions. This section includes the definition of terms and phrases used in this section that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of the Municipal Code, these definitions shall supersede for the purposes of this section. If a word is not defined in this section or is defined and conflicts with another definition of the Municipal Code, the Director shall determine the most appropriate definition.

"Lower income households"

shall have the same meaning as defined in Section 50079.5 of the Health and Safety Code.

"Supportive housing"

shall mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Supportive services"

shall include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

"Target population"

shall mean persons, including persons with disabilities, and families who are homeless, as that term is defined by Section 11302 of Title 42 of the United States Code, or who are homeless youth, as that term is defined by paragraph (2) of subdivision (e) of Section 11139.3 of the Government Code.

(Added by Ord. 23-08, 12/5/2023; amended by Ord. 25-02, 2/4/2025)

§ 9.07.270 Low Barrier Navigation Centers.

(a) Purpose. The purpose of this section is to establish development standards for low-barrier navigation centers and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of State law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660. This section shall be repealed as of January 1, 2027.

(b) Applicability. The provisions of this section shall apply to all low-barrier navigation center projects.

(c) Planning Approval Required. An application to establish a low-barrier navigation shall be submitted to the Director of Community Development for review and approval. The decision to approve or deny an application shall be ministerial in nature, without any discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. A decision by the Director of Community Development shall be taken within 60 days of a complete application being filed.

(d) Development and Operational Standards. A low-barrier navigation center development shall be deemed a use that is permitted by-right and shall be considered a principal permitted use in areas zoned for mixed-use provided the low barrier navigation center is a residential component of a mixed-use project and nonresidential zones permitting multifamily uses, if it meets the following requirements:

(1) Connected Services. It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(2) Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3) Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(4) Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

(e) Definitions. This section includes the definition of terms and phrases used in this section that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of the Municipal Code, these definitions shall supersede for the purposes of this section. If a word is not defined in this section or is defined and conflicts with another definition of the Municipal Code, the Director shall determine the most appropriate definition.

(1) "Low-barrier navigation centers" shall mean a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. "Low barrier" means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

(A) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

(B) Pets.

(C) The storage of possessions.

(D) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

(2) "Use by right" has the meaning defined in subdivision (i) of Government Code Section 65583.2. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a low-barrier navigation center constructed or allowed by this section.

(Added by Ord. 23-08, 12/5/2023; amended by Ord. 25-02, 2/4/2025)