City of Lompoc, CA Division IV Standards and Regulations for Specific Land Uses

Chapter 17.404 SPECIFIC TO USE STANDARDS

§ 17.404.010 Purpose and Intent.

Purpose and intent of this Chapter is to provide additional standards and requirements for certain land uses where allowed by Division 2 and for activities that require special standards to ensure compatibility with site features and existing uses.

(Ord. 1670(19) § 11)

§ 17.404.020 Accessory Dwelling Units.

A. Purpose. This Section is intended to implement the provisions of Sections 65852.2 and 65852.22 of the Government Code and, in case of ambiguity, shall be interpreted to be consistent with such provisions.

B. Definitions. For the purpose of this Section, the following terms shall be defined as follows:

1. ADU and JADU. Accessory dwelling unit is abbreviated as ADU and junior accessory dwelling unit is abbreviated as JADU in this Section.

2. Multifamily dwelling. A structure containing two or more attached primary dwelling units. Multiple detached single-family dwellings on the same lot are not multifamily dwellings.

3. Primary dwelling or primary dwelling unit. A dwelling unit other than an ADU or JADU.

4. Single-family dwelling. A structure containing no more than one primary dwelling unit.

C. Review Process—Certificate of Occupancy.

1. Applications for ADUs and JADUs shall be approved or denied ministerially, without discretionary review or a hearing, through the building permit process, within 60 days from the date the City receives a complete application if there is an existing single-family or multifamily dwelling on the lot. If the application to create an ADU or JADU is submitted with an application to create a new single-family or multifamily dwelling on the lot, the City may delay approving or denying the application for the ADU or the JADU until the City approves or denies the application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

2. If the City denies an application for an ADU or JADU, the City will provide to the applicant in writing a full set of comments with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. These comments will be provided to the applicant within the same timeframe for approval or denial of the application stated in Subsection C.1.

3. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued within the same timeframe for approval or denial of the ADU application stated in Subsection C.1.

4. If there is no existing primary dwelling on the property, a certificate of occupancy for an ADU shall not be issued before the City issues a certificate of occupancy for a primary dwelling.

5. Notwithstanding any other provision of this code, the City shall not deny an application for a permit to create an ADU or JADU due to the existence of nonconforming zoning conditions, building code violations, or unpermitted structures on the parcel that do not present a threat to public health and safety, as determined by the director, and are not affected by the construction of the ADU or JADU. "Nonconforming zoning conditions" means physical improvements on the property that do not conform with current zoning standards.

D. Consistency With Density Requirements, Zoning, and General Plan. For purposes of determining whether a proposed development is consistent with the zoning code and general plan, ADUs and JADUs shall be deemed to comply with all applicable density requirements for parcels on which they are otherwise permitted under this code.

E. Requirements for ADUs.

1. Permitted properties. ADUs may only be located on a property with an existing or proposed single-family dwelling or multifamily dwelling.

2. Location on property. ADUs may either be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

3. Amount permitted.

a. Parcel with single-family dwelling(s). If the parcel has one or more existing or proposed single-family dwellings, then a total of one ADU is allowed on the parcel.

b. Parcel with multifamily dwelling(s).

(i) If the parcel has one or more proposed or existing multifamily dwellings, then up to two detached ADUs are allowed on the parcel, provided that the ADUs shall be detached from each other and from all primary dwellings.

(ii) If the parcel has one or more existing multifamily dwellings, then one of the following options is allowed on the parcel:

(a) One ADU attached to an existing multifamily dwelling; or

(b) One ADU created through the conversion of space within an existing multifamily dwelling for every four existing multifamily units, provided that at least one ADU is allowed regardless of the number of units. For example, one ADU is allowed in an existing multifamily dwelling structure with seven or fewer units; two ADUs are allowed in an existing multifamily dwelling structure with eight to 11 units; and three ADUs are allowed in an existing multifamily dwelling structure with 12 units; etc.

(iii) Subsections E.3.b.i and E.3.b.ii may not be combined.

c. Parcel with both single-family and multifamily dwelling(s). If a parcel has one or more existing or proposed single-family dwellings and one or more existing or proposed multifamily dwellings, then the owner may elect to proceed under either Subsection E.3.a or Subsection E.3.b, but not both.

4. Development standards. ADUs shall comply with all development standards applicable to the primary dwelling on the same parcel, with the following exceptions:

a. Size.

(i) Attached to existing primary dwelling. The total floor area of an ADU attached to an existing primary dwelling shall not exceed 50% of the floor area of the existing primary dwelling, or 1,200 square feet, whichever is less, except that the attached ADU shall not be required to be smaller than 800 square feet.

(ii) Detached. The total floor area for a new-construction detached ADU shall not exceed 1,200 square feet.

(iii) Conversion of existing space. There is no limit on the size of an ADU that is created through the conversion of space within an existing primary dwelling structure or existing detached accessory structure.

(iv) ADU within proposed primary dwelling. There is no limit on the size of an ADU that is proposed within the space of a proposed primary dwelling, provided that the primary dwelling structure, including the space occupied by the ADU, shall meet all development standards applicable to the primary dwelling.

(v) Partial conversion of primary dwelling and partial new construction. If an ADU is partially created through the conversion of existing space in a primary dwelling but also includes the expansion of the existing space beyond the existing boundaries of the primary dwelling, then the ADU shall be considered attached and will be subject to the size limits in Subsection E.4.a.i.

(vi) Partial conversion of accessory structure and partial new construction. An ADU created through the conversion of an existing detached accessory structure may expand the dimensions of the structure by up to 150 square feet solely for the purpose of accommodating ingress and egress. However, if the dimensions of the structure are increased by more than 150 square feet or are increased by up to 150 square feet but for a purpose other than accommodating ingress and egress, then the ADU will be considered a new-construction detached ADU and will be subject to the size limits in Subsection E.4.a.ii.

b. Height—Second-story ADUs.

(i) ADUs shall not exceed the height limit required for primary dwelling units in the zone in which the ADU is located, provided that the height limit for a detached ADU shall not be less than the minimum height limits required in Subsection E.4.b.ii.

(ii) Notwithstanding Subsection E.4.b.i, the minimum height of a detached ADU shall not be required to be less than the following:

(a) 16 feet.

(b) 18 feet for a detached ADU on a lot that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, plus an additional two feet in height for the purpose of accommodating a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

(c) 18 feet for a detached ADU on a lot with an existing or proposed multifamily, multistory dwelling.

(iii) ADUs may be up to two stories tall from ground level.

(iv) ADUs may be built above existing or proposed one-story accessory structures, including, but not limited to, detached garages, and may be built above an existing or proposed one-story primary dwelling unit, provided that the resulting structure may be no more than two stories.

c. Setbacks.

(i) The side and rear setbacks for an ADU shall be four feet. The front setback for an ADU shall be the same as the front setback required for primary dwelling units in the zone in which the ADU is located.

(ii) A detached ADU shall not be located closer to the front property line than any primary dwelling unit.

(iii) Notwithstanding Subsections E.4.c.i and ii, no setback is required for the conversion of an existing structure or for a new structure constructed in the same location as an existing structure if the existing structure is permitted and the converted structure or new structure will have the same dimensions as the existing structure.

d. Limit on enforcing standards. Lot coverage, floor area ratio, open space, front setbacks, and minimum lot size requirements shall not be enforced to the extent that they would prevent an attached or detached ADU from being at least 800 square feet. However, all other development standards, including side and rear setbacks, shall be enforced even if they would limit the ADU to less than 800 square feet, except as provided in Subsection M.

5. Required facilities. ADUs shall include complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, including a kitchen and bathroom.

6. Separate entrances. ADUs located within or attached to a primary dwelling shall include an entrance that is separate from the main entrance to the primary dwelling. The separate entrance shall be located on the side or in the rear of the primary dwelling.

7. Fire sprinklers. ADUs shall not be required to provide fire sprinklers if they are not required for the primary dwelling. The construction of an ADU shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

8. Building Code requirements. ADUs shall comply with all local Building Code requirements, except as provided in Government Code Section 65852.2(a)(1)(D)(viii), as may be amended or renumbered.

F. Requirements for JADUs.

1. Permitted properties.

a. JADUs are only permitted on a property with one existing or proposed single-family dwelling. Properties with more than one existing or proposed single-family dwelling or with any number of existing or proposed multifamily dwellings are not permitted to have a JADU.

b. If a second primary unit is constructed on a property with an existing JADU, then, notwithstanding any other provision of this Section, no new ADUs shall be permitted on the property unless the JADU is demolished.

2. Location on property. JADUs shall be located entirely within a proposed or existing single-family dwelling structure, including an attached garage, but not including a detached garage.

3. Amount permitted. No more than one JADU is permitted per parcel.

4. Size. A JADU shall be no larger than 500 square feet.

5. Separate entrance. A JADU shall have a separate entrance from the main entrance to the proposed or existing single-family dwelling. The separate entrance shall be located on the side or in the rear of the primary dwelling.

6. Building Code requirements. JADUs shall comply with all local Building Code requirements.

7. Required facilities. A JADU shall include living facilities for one or more persons, including permanent provisions for living, sleeping, eating, and cooking, including an efficiency kitchen. An efficiency kitchen shall include a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary dwelling. If the JADU does not include a separate bathroom, the JADU shall include an interior entry to the main living area of the primary residence.

8. Owner occupancy. The property owner must reside in a single-family residence that includes a JADU. The owner may reside in either the JADU or the remaining portion of the structure. However, owner-occupancy is not required if the owner is a government agency, land trust, or housing organization.

9. Deed restriction. The approval of a JADU shall be conditioned on the recordation of a deed restriction, which shall run with the land. The deed restriction shall be approved by the City Attorney and the Director or designee. The property owner shall bear the cost of recording the deed restriction. The deed restriction shall include the following:

a. A prohibition on the sale of the JADU separate from the sale of the primary dwelling, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the JADU that conforms to Government Code Section 65852.22.

G. Parking—Replacement Parking Spaces.

1. No new parking spaces are required for an ADU or JADU.

2. Off-street parking spaces do not need to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU.

3. Off-street parking spaces shall be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of a JADU or is converted to a JADU.

4. Replacement parking spaces shall comply with the requirements in Chapter 17.308.

H. Design Standards. Any new construction required to create an ADU or JADU shall comply with the City's architectural and design guidelines.

I. ADUs and JADUs on a Lot Created by an Urban Lot Split. Notwithstanding any other provision in this Section, only two total dwelling units, including ADUs and JADUs, are permitted on a lot that was created through an urban lot split pursuant to Government Code Section 66411.7.

J. Utilities.

1. Connection fees and capacity charges. An ADU will not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

2. Separate utility connections. Separate utility connections directly between the unit and the utility are not required for ADUs or JADUs, except as required under Subsection J.3.

3. Separate sale of ADU. Any ADU that is sold or conveyed separately from the primary residence pursuant to Government Code Section 65852.26 shall have a separate utility connection directly between the unit and utility for all utilities, including, but not limited to, water, sewer, electric, and gas.

K. Sale and Rental of Units.

1. Except as provided in Government Code Section 65852.26, ADUs and JADUs may not be sold or otherwise conveyed separate from the primary dwelling.

2. An ADU or JADU may be rented separate from the primary dwelling but ADUs may not be rented for a term of less than 31 consecutive days.

L. Development Impact Fees. No impact fee shall be imposed for a JADU or an ADU that is less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this Subsection, "impact fee" has the meaning given in Government Code Section 65852.2(f)(3)(b).

M. State Exemption ADUs and JADUs. Notwithstanding any other provision in this section except for Subsections F.1.b and I, the City shall ministerially approve an application for a JADU and/or one or more ADUs if the proposed unit or units meets the requirements of Subsection (e)(1)(A), (e)(1)(B), (e)(1)(C), or (e)(1)(D) of Government Code Section 65852.2, provided that only one such Subsection may be used per parcel.

(Ord. 1702(23) § 6)

§ 17.404.030 Adult Businesses.

A. Purpose and Intent.

1. Where allowed by Division 2 (Allowable Land Uses and Development Standards for All Zones), an adult business shall comply with the provisions of this Section. Adult businesses provide products and services of a mature nature capable of causing serious negative secondary effects on the community, including depreciation of property values; increase in vacancies in residential and commercial areas in the vicinity of adult businesses; interference with residential property owner's enjoyment of their properties when the properties are located in the vicinity of adult businesses; and blight conditions such as inadequate maintenance of commercial premises and parking lots, which thereby have deleterious effect upon adjacent areas.

2. The intent of these zoning provisions is to provide special design standards and regulatory guidelines which will direct the time, place, and manner of the operation of adult businesses in order to minimize the associated negative secondary effects.

B. Location.

1. No adult business shall be established or operated at any location closer than 500 feet to the following uses:

a. Religious institutions;

b. Public parks, recreation areas, or youth organizations;

c. Schools; or

d. Another adult business.

2. All distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest exterior wall of the unit or structure containing or proposed to contain the adult business to the nearest property line or zone enumerated in this Section. The distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures or object, from the nearest exterior wall of the unit or structure in which each adult business is located or to be located.

3. An adult business shall not be operated on any building, structure, or portions thereof containing another adult business or use as defined by this Section.

C. Adult Business Development and Performance Standards. To maintain the City's standard for safe business conduct, adult businesses must remain in compliance with the following:

1. Maximum occupancy load, fire exits, aisles and fire equipment shall be regulated, designed, and provided in compliance with the Fire Department and building regulations and standards adopted by the City.

2. No adult business shall be operated in any manner that allows the observation of any material or activities depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from a location outside the building or areas of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

3. Lighting shall be required which is designated to illuminate all off-street parking areas serving such use for the purpose of increasing the personal safety of patrons and reducing the incidents of vandalism and theft. Said lighting shall be consistent with Section 17.308.060.D (Parking Lot Lighting).

4. No loudspeakers or sound equipment shall be used by an adult business for the amplification of sounds to a level discernible by the public beyond the walks of the building in which such use is conducted or which violates any existing noise restrictions or standards which may be adopted by the City. The premises within which the adult business is located shall provide sufficient sound-absorbing insulation so that noise generated inside said premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building.

5. The building entrance to an adult business shall be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Said notice shall be constructed and posted to the satisfaction of the Director. No person under the age of 18 years shall be permitted within the premises at any time.

6. The adult business shall not be located, in whole or in part, within any portable structure.

7. The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would increase the demand for parking spaces beyond the number of spaces for the business, as required by the Code.

8. The adult business shall not conduct any massage, acupuncture, tattooing, acupressure, or escort services and shall not allow such activities on the premises.

9. Landscaping shall conform to the standards established for the zone, except that, if the adult business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

10. All indoor areas of the adult business within which patrons are permitted, except restrooms, shall be open to view by the management at all times.

11. Except as specifically provided in this Section, the adult business shall comply with the zoning, parking, signage, development and design standards applicable to the zone in which the business is located.

12. Specified sexual activities are prohibited in restrooms of any adult business.

13. Except as otherwise required by law for adult motion picture theaters, and except as provided in Subsection C.14 of this Section with regard to adult arcades, all areas of the adult business accessible to patrons shall be illuminated to a minimum level of 20 foot-candles, minimally maintained and evenly distributed at ground level.

14. The Minor Use Permit shall be conspicuously posted and visible to patrons inside the adult business.

15. The following additional requirements shall pertain to adult arcades which provide one or more viewing area(s):

a. One or more manager's stations (not to exceed 32 square feet of floor area with no dimension greater than eight feet) shall be provided.

b. It shall be the duty of the owner(s) to ensure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the adult arcade.

c. The interior of the adult arcade shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the adult arcade to which any patron is permitted access, excluding restrooms. If the adult arcade has two or more manager's stations designated, then the interior of the adult arcade shall be configured in such a manner that there is an unobstructed view of each area of the adult arcade to which any patron is permitted access, excluding restrooms, from at least one of the manager's stations. The view required in this Subsection must be by direct line of sign from the manager's station.

d. It shall be the duty of the owner(s) and also the duty of all employees present in the adult arcade to ensure that the individual viewing areas remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the adult arcade which has been designated as an area in which patrons will not be permitted in the application filed pursuant to this Section.

e. No individual viewing area may be occupied by more than one person at a time. Individual viewing areas of the adult arcade shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas.

f. No individual viewing area shall contain booths, stalls, or partitioned portions of such individual viewing area used for viewing of adult material or other forms of entertainment, having doors, curtains or portal partitions, unless such individual viewing areas containing booths, stalls or partitioned portions have at least one side open to the manager's station and is visible to such manager's station. Any booth, stall or partitioned portion of an individual viewing area authorized under this subparagraph shall be constructed so as to allow 12 inches of open space between the bottom of the stall or partition and the floor. Such open space shall remain unobstructed at all times.

g. The adult arcade shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, but such lighting shall not be of an intensity as to prevent the viewing of the adult material.

16. The following additional requirements shall pertain to adult businesses providing live entertainment depicting specified anatomical areas or involving specified sexual activities:

a. No person shall perform live entertainment for patrons of an adult business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.

b. The adult business shall provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

c. The adult business shall provide an entrance/exit for entertainers which is separate from the entrance/exit used by patrons.

d. The adult business shall provide access for entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the adult business shall provide a minimum three-foot-wide walk aisle for entertainers between the dressing rooms area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

e. No entertainer acting within the scope of their employment, either before, during or after performances, shall have physical contact with any patron and no patron shall have physical contact with any entertainer either before, during or after performances by such entertainer.

f. Fixed rail(s) at least 30 inches in height shall be maintained establishing the separations between entertainers and patrons required by this Subsection.

17. Adult businesses shall employ security guards in order to maintain the public peace and safety, based upon the following standards:

a. Adult businesses featuring live entertainment shall provide at least one security guard at all times while the business is open. If the occupancy limit of the premises is greater than 35 persons, an additional security guard shall be on duty.

b. Security guards for other businesses may be required if it is determined by the Chief of Police that their presence is necessary in order to prevent any of the conduct listed in Subsection H from occurring.

c. Security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons of the requirements of these regulations. Security guards shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of State law. No security guard required pursuant to this Subsection shall act as a door person, ticket seller, ticket taker, admittance person, or sole occupant of the manager's station while acting as a security guard.

D. Adult Business Minor Use Permit.

1. It is unlawful for any person to establish, operate, engage in, conduct, or carry on any adult business within the City unless the person first obtains, and continues to maintain in full force and effect, an adult business Minor Use Permit pursuant to Chapter 17.520 (Conditional and Minor Use Permits).

2. In addition to the requirements of Chapter 17.520 (Conditional and Minor Use Permits), an adult business Minor Use Permit application shall include but not be limited to the following information and accompanying documents:

a. The property owner's and the applicant's mailing address, and name and phone number of the person who is responsible for providing access to the proposed use for inspection purposes.

b. The legal form of the applicant (e.g., individual, partnership, corporation).

(i) If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least 18 years of age.

(ii) If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement, if any.

(iii) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the legal names and aliases and capacity of all officers, directors, and principal stockholders, the name of the registered corporate agent and the address of the registered office for service of process.

c. If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a 10% or greater interest in the business entity shall sign the application.

d. If the applicant intends to operate the adult business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult business and show proof of registration of the fictitious name.

e. Whether or not the applicant has had a previous adult use permit revoked in the City or anywhere else and if so, the date and reason of the revocation.

f. A description of the type of adult business for which the Minor Use Permit is requested, using the definitions contained in Chapter 17.704 (Definitions of Terms) and the proposed address where the adult business will operate, plus the names and addresses of the owners and lessors of the adult business site.

g. The address to which notice of action on the application is to be mailed.

h. A sketch or diagram showing the interior configuration of the premises (i.e., floor plan), including a statement of the total floor area occupied by the adult business. The floor plan shall show all pertinent information regarding the interiors, including the location(s) of viewing booths, if applicable, necessary to determine compliance with this Section. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

i. A signed statement and map depicting the building and the portion thereof to be occupied by the adult business, and its proximity to the uses listed in Section 17.404.030.B (Location).

j. Accurately scaled plot plans indicating the structure in which the adult business is to be conducted, identifying and locating all land uses and property lines within a radius of 100 feet of the structure, and indicating all existing and proposed structures, parking areas, landscaping, walls, driveways, lighting, driveways, and signs.

3. The completed application shall be accompanied by a nonrefundable application fee. The amount of such fees shall be set by Council resolution. Processing of the permit application shall not begin until all associated application fees are paid to the City.

E. Findings, Decision, and Action on Application.

1. The Commission shall approve, with or without conditions, the adult business Minor Use Permit application only after the following findings are made:

a. All applicable findings contained in Section 17.548.050 (Findings and Decision) are made;

b. All requirements of this Section, including location limitations, are complied with;

c. Neither the applicant, if an individual, or any of the officers or general partners, if a corporation or partnership, has been convicted of a sex-related misdemeanor or any felony;

d. The applicant passes a background check administered by the Lompoc Police Department including, but not limited to, a fingerprint check; and

e. All other information and attachments required in the adult business Minor Use Permit application is found to be satisfactory.

2. The Director shall notify the applicant of the decision by providing the Commission resolution documenting the decision, including the required findings.

3. The permittee shall post the permit conspicuously in the adult business premises.

F. Transfer of Adult Businesses or Adult Business Minor Use Permits.

1. A permittee shall not operate an adult business under the authority of an adult business Minor Use Permit at any place other than the address of the adult business stated in the application for the permit.

2. A permittee shall not transfer ownership or control of an adult business or transfer an adult business Minor Use Permit to another person unless and until the transferee obtains an amendment to the Minor Use Permit from the City Manager, or designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the City Manager, or designee, in accordance with Section 17.552.080 (Changes to an Approved Permit), accompanies the application with a transfer fee in an amount set by Council resolution, and the City Manager, or designee, determines in accordance with this Section that the transferee would be entitled to the issuance of an original adult business Minor Use Permit.

3. No adult business Minor Use Permit may be transferred when the City Manager, or designee, has notified the permittee that the permit has been or may be suspended or revoked.

4. Any attempt to transfer an adult business Minor Use Permit either directly or indirectly in violation of this Section is hereby declared void, and the Minor Use Permit shall be deemed revoked.

G. Suspension or Revocation of Adult Business Minor Use Permits and Adult Business Employee Licenses. An adult business Minor Use Permit or adult business employee license may be suspended or revoked following the procedures in Chapter 17.556 (Permit Modification and Revocation) on the basis of any of the following:

1. The building or structure in which the adult business is conducted is hazardous to the health or safety of the employees or patrons of the business or the general public under the standards set forth in the California Building Code, Plumbing Code, or Fire Code.

2. The permittee or licensee has knowingly made any false, misleading, or fraudulent statement of material facts in the application for a permit or license, or in any report or record required to be filed with the City.

3. The adult business has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the Minor Use Permit or license, fails to conform to the plans and procedures described in the applicable, or violates the occupancy load limits set by the Fire Marshal.

4. The Minor Use Permit is being used to conduct a use different from that for which it was approved.

5. An adult business has been operated without a responsible adult on the premises, officially acting in the capacity of manager, at all times during which the business is open or operating.

6. The permittee, employee, agent, partner, director, stockholder, or manager has been convicted of a sex-related misdemeanor or any felony.

H. Appeal of Decisions.

1. Decisions on adult business Minor Use Permits may be appealed consistent with Chapter 17.612 (Appeals).

2. Decisions on adult business employee licenses may be appealed consistent with LMC Chapter 1.32.

I. Inspections. An applicant or permittee shall permit representatives of the Police Department, Health Department, Fire Department, Community Development Department, or other City departments or agencies to inspect the premises of an adult business for the purpose of insuring compliance with the law and the development and performance standards applicable to adult businesses, at any time it is occupied or opened for business. A person who operates an adult business or his or her agent or employee is in violation of the provisions of this Section if he or she refuses to permit such lawful inspection of the premises at any time it is occupied for business.

J. Regulations Nonexclusive. The standards of this Section regulating adult businesses are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to the operation of businesses as adopted by the Council; provided, however, that the provisions contained in Title 5 of the Municipal Code relating to Amusements, Chapters 5.16 through 5.28, shall be superseded by these regulations in the event a business activity meets the definitions contained herein and in Title 5.

K. Violations—Penalties. Any firm, corporation, or person, whether as principal, agent, employee, or otherwise, violating or causing the violation of any of these provisions regulating adult businesses shall be guilty of a misdemeanor, and any conviction thereof shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued.

L. Public Nuisance. In addition to the penalties set forth in Subsection K (Violations—Penalties), any adult business which is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation in compliance with Chapter 17.628 (Property Nuisances).

(Ord. 1670(19) § 11; Ord. 1674(20) § 1)

§ 17.404.040 Animal Raising and Keeping.

A. Applicability. Where allowed by Division 2 (Allowed Uses and Development Standards for All Zones), animal raising and keeping shall comply with the standards in this Section.

B. General Standards.

1. Animal raising and keeping shall only occur on a lot that is a minimum of 5,000 square feet in area.

2. A clean and sanitary enclosure shall be provided. The enclosure shall be located consistent with the following requirements:

a. At least 40 feet from any door or window of each adjoining residence;

b. At least 10 feet from the rear property line, unless an alley abuts the rear of the property, then no rear setback required;

c. At least 10 feet from each side property line (excludes front yard); and

d. On the rear half of the lot.

3. The cumulative number of small animals on any property shall be a maximum of six.

4. Roosters are prohibited.

5. Birds, not including chickens or ducks, are permitted to be kept in an enclosed aviary, which shall be no closer than 30 feet from any residence other than that of the aviary owner. The number of birds in an aviary shall not exceed six for each 6,000 square feet of the owner's premises.

6. The use shall not create an offensive noise or odor for adjacent property owners.

C. Miniature Asian Pot-Bellied Pigs. Notwithstanding any other provision of this Title, miniature Asian pot-bellied pigs shall be deemed to be household pets and allowed in residential zones, provided that:

1. No more than two miniature Asian pot-bellied pigs shall be kept at any one time; and

2. The Asian pot-bellied pigs shall not be used for commercial breeding purposes.

(Ord. 1670(19) § 11)

§ 17.404.050 Antennas and Antenna Systems.

A. Applicability. In interpreting and applying the provisions of this Section as to radio or television antennas or similar structures, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort and general welfare.

B. Proximity to Transmission Wires. No person shall install, construct, erect, maintain, use or have within the City any outside radio antenna, television antenna, mast, pole or similar structure, whether intended for use in connection with the reception or transmission of radio, telephone, television or otherwise, which shall be so located, positioned, or constructed that the same shall be in contact with, or in dangerous proximity to any electric light or power transmission.

C. Radio or Television Antennas.

1. Applicability. No person shall install or erect or cause to be installed or erected within the City any radio or television antenna, mast, pole, or similar structure, which exceeds 15 feet in vertical height, without first obtaining Architectural Design and Site Development Review approval.

2. Application. Applications for each required permit shall be filed in compliance with Chapter 17.508 (Administrative Use Permit) and shall contain additional information as necessary to enable the Fire Marshal and Building Official to determine that the proposed installation will meet all the safety factors provided in this Section.

3. Construction and installation. Any radio or television antenna or similar device, mounted, supported, or installed upon any building or other structure, shall be mounted, supported, and installed separately and independently of any other appurtenances of the building or structure, and shall not be connected with a similar installation. All construction material for any such antenna, mast, pole, or similar structure, shall be corrosion resistant. Each such antenna or similar device shall be constructed in accordance with sound engineering principles as determined by the Fire Marshal and Building Official.

D. Satellite Television Systems.

1. Purpose. A satellite television antenna is categorized by this Section as mechanical equipment that is an accessory use to other uses on any lot. These regulations serve to ensure a safe and aesthetically pleasing architectural integration of this type of accessory use with other buildings or structures on a lot or parcel.

2. Applicability. No satellite television antenna shall be erected, constructed, located maintained, or operated, except in conformance with the following standards, and subject to approval of an Architectural Design and Site Development Review (Chapter 17.512) as well as issuance of a Building Permit.

3. Location.

a. Commercial and industrial zones. In any commercial or industrial zone, there is no location restriction for a satellite television antenna, subject to approval of the required findings in Section 17.512.050 (Findings and Decision).

b. Residential zones.

(i) In a residential zone, a satellite television antenna, not attached to a building or structure, shall be located only in the rear yard of any lot. If a usable satellite signal cannot be obtained from such rear yard, the antenna may be located on the side yard of the property subject to requirements contained in this Section. Side yard location shall be limited to an area 10 feet from any main or accessory building on the site.

(ii) In the event that a usable satellite signal cannot be obtained by locating the antenna on the rear or side yard of the property, such antenna may be placed on the building's roof. Such location shall be allowed upon a showing by the applicant that a usable satellite signal is not obtainable from any other location on the property.

4. General restrictions and standards.

a. Except for antennas located on a roof in accordance with Subsection D.3.b(ii), such antenna shall not be installed at a height greater than 15 feet, including any platform or structure upon which said antenna is mounted or affixed.

b. All satellite television antennas shall be located and designed to reduce visual impact upon surrounding properties at street level and from public streets.

c. All antennas and the construction and installation thereof shall conform to the applicable California Building and Electrical Code regulations and requirements, and shall require issuance of a Building Permit.

d. The maximum diameter size of a satellite antenna dish shall be limited to 12 feet.

(Ord. 1670(19) § 11)

§ 17.404.060 Caretaker's Unit.

A. Applicability. Where allowed by Division 2 (Allowed Uses and Development Standards for All Zones), caretaker's units shall comply with the standards in this Section.

B. Eligibility. Caretaker's units shall be allowed only where the primary use of the site involves operations, equipment, or other resources that require 24-hour oversight.

C. General Standards.

1. Occupant(s). The only occupant(s) of a caretaker's unit shall be a full-time employee of the business, operation, or use that qualifies for caretakers in compliance with this Section.

2. Location of unit. A caretaker's unit shall be located on the same lot as the primary use proposing the caretaker's unit subject to the following standards.

a. Attached unit. If the caretaker's unit is to be attached to the main building, the unit shall be located on the second floor or in the rear half of the building.

b. Detached unit. A detached caretaker's unit shall be located behind the main building or on the rear half of the lot.

3. Size of unit. A caretaker's unit shall not exceed 900 square feet, unless a larger size is determined by the review authority to be appropriate due to the unique conditions or operating characteristics of the primary use.

4. Number of units. No more than one caretaker's unit per lot shall be allowed for the primary use.

D. Removal of Unit. A caretaker's unit shall be used no longer than the existence of the primary use of the site that justifies the unit. Upon termination of the primary use, the caretaker's unit shall be removed or converted to another allowed use. A demolition, remodel, or other Building Permit shall be required for the removal of the unit.

(Ord. 1670(19) § 11)

§ 17.404.070 Community Garden.

A. Applicability. Community gardens are allowed on vacant lands, rooftops, or any other acceptable location in compliance with Division 2 (Allowed Uses and Development Standards for All Zones) and any other applicable City standards.

B. General Standards.

1. Community gardens shall have a set of operating rules addressing the governance structure of the garden, hours of operation, maintenance, and security requirements and responsibilities. A garden coordinator shall be designated to perform the coordinating role for the management of the community garden. The garden coordinator shall be responsible for assigning garden plots in a fair and impartial manner according to the operating rules established for that garden. The name and telephone number of the garden coordinator and a copy of the operating rules shall be provided to the Director and posted on site.

2. The site is designed and maintained so that water and fertilizer will not drain onto adjacent property.

3. There shall be no retail on site, except for produce grown on site.

4. No building or structures shall be permitted on site, with the exception of the following:

a. Sheds for storage of tools limited in size to 120 square feet;

b. Greenhouses, consisting of buildings made of glass, plastic or fiberglass in which plants are cultivated, limited in size to 120 square feet and designed in compliance with setbacks for accessory structures; and

c. Other small hardscape areas and amenities (such as benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, seasonal farm stands, fences, garden art, rain barrels, and children's play areas).

5. The combined area of all structures shall not exceed 15% of the community garden site area.

6. Fences shall be in compliance with Chapter 17.312 (Landscape and Screening Standards).

7. On-site storm water systems and irrigation shall be consistent with applicable Public Works standards.

C. Maintenance Required. Maintenance of community gardens shall ensure that no conditions constituting a nuisance are created (Chapter 17.628, Property Nuisances).

D. Abandoned or Unproductive Community Gardens. If a community garden is left in an unproductive state for longer than a period of 12 months, the garden coordinator or other individual(s) responsible for the community garden shall ensure that it is replaced with landscaping in compliance with Chapter 17.312 (Landscaping and Screening Standards) or seeded in accordance with Public Works standards, subject to the approval of the Public Works Director.

(Ord. 1670(19) § 11)

§ 17.404.080 Construction Storage/Supply Yard.

A. Storage. All operations and storage, including all equipment used in conducting such use, other than parking, shall be conducted within an enclosed building or within an area enclosed by a solid wall or solid fence in compliance with Chapter 17.312 (Landscape and Screening Standards).

B. Fences and Walls. Where fences or walls are required by this Section, they shall comply with Section 17.312.040 (Screening) and the following.

1. All fences and walls shall be of a uniform height in relation to the ground upon which they stand and shall be a minimum of six feet in height. Areas outside of the storage/supply yard between the fence and the lot line shall be fully landscaped consistent with Subsection 17.404.080.D (Landscaping).

2. The Commission may modify the requirements for fences or walls not exposed to view from any street or highway in the following cases:

a. Where adjoining property is developed with an automobile dismantling yard, junk and salvage yard, scrap metal processing yard, or other open storage use displaying similar characteristics; or

b. Where substantial fences, walls or buildings are located adjacent to property lines on surrounding property which serve to enclose such yard as well or better than the wall or fence required herein.

3. Should the use, fence, wall, or building providing justification for such modification in Subsection B.2.b, above, be removed, such wall or fence shall be provided within six months from the date of removal.

C. Paving of Yards. All areas of the yard open to vehicular passage shall be paved with an asphalt surfacing or concrete to prevent emission of dust or tracking of mud onto public rights-of-way; however, the Commission may approve other paving materials which provide the equivalent in service and useful life.

D. Landscaping. At least two square feet of landscaping shall be provided for each linear foot of street or highway frontage, and such planting areas shall have a minimum horizontal dimension of three feet. Landscaping shall comply with the Chapter 17.312 (Landscape and Screening Standards).

E. Storage of Salvage or Junk. Salvage or junk, including salvaged or junked automobiles and parts thereof, shall not be:

1. Placed or allowed to remain outside of the enclosed yard area; or

2. Stored or placed above the height of any required fence or wall.

(Ord. 1670(19) § 11)

§ 17.404.090 Emergency Shelter.

A. Purpose. This Section establishes performance, development, design, and managerial standards for emergency shelters consistent with Government Code § 65583(a)(4).

B. Applicability. Emergency shelters are allowed in compliance with Division 2 (Allowed Uses and Development Standards for All Zones). Emergency shelters shall conform to all development standards of the zone in which it is located, except as modified by the standards in this Section.

C. Licenses and Permits. Emergency shelters shall obtain and maintain in good standing all required licenses, permits, and approvals from City, County, State, and Federal agencies or departments and comply with all applicable Building and Fire Codes.

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

E. Maximum Number of Beds. The total number of emergency shelter beds allowed in Lompoc shall not exceed 104 unless a Conditional Use Permit is approved to allow additional beds. This threshold shall remain in effect until September 30, 2022 when the current Housing Element period ends.

F. Separation Requirement. No emergency shelter shall be located within 300 feet of another emergency shelter when measured from the closest property lines.

G. Parking.

1. Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

2. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need, but no less than a minimum of eight bicycle parking spaces.

H. Lighting. External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of-way consistent with Section 17.304.090 (Performance Standards).

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

J. Outdoor Facilities, Activities, and Signs.

1. Outdoor toilets and outdoor public telephones shall not be visible from the public right-of-way or public property.

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

3. No signs shall be present on the property relating to its use as a shelter for the homeless.

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

K. Personal Storage. Adequate storage for personal belongings shall be provided.

L. Management Plan. The applicant or operator shall submit a management and operation plan for the emergency shelter for review and approval by the review authority prior to approval of a business license or Conditional Use Permit, if applicable. The plan shall include, but not be limited to, the following:

1. Security;

2. Staff training;

3. Neighborhood relations;

4. Pet policy;

5. Client intake process;

6. List of services provided;

7. Facility maintenance;

8. Refuse control;

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

10. Anti-discrimination policies.

M. Management Plan Compliance. The City may inspect the facility during business hours for compliance with the management plan and any other applicable regulations and standards. The plan may be reviewed as needed by the City with revisions made by the operator.

(Ord. 1670(19) § 11)

§ 17.404.100 Family Day Care Home.

A. Purpose. The purpose of this Section is to provide standards for family day care homes in compliance with the provisions of Health and Safety § 1596.70 et seq.

B. Permits.

1. Small family day care home. Operation of a small family day care home in a residential zone shall be a permitted use in compliance with Health and Safety Code § 1597.45 and no permit shall be required.

2. Large family day care home. Operation of a large family day care home shall be subject to obtaining an Administrative Use Permit (Chapter 17.508). Obtaining such a permit shall be required in addition to any other requirements set forth by other governmental agencies that regulate day care providers.

C. Large Family Day Care. A large family day care home shall comply with the following standards:

1. Noise. Operation of large family day care homes shall comply with Municipal Code provisions and General Plan policies relating to noise control.

2. Parking. In addition to the minimum on-site parking requirements for the residential use, one parking space shall be provided for each employee who does not reside at the residence, who drives to work, and requires a parking space.

3. Traffic control. It shall be incumbent upon the day care provider to ensure that drop off/pick up of children does not result in traffic congestion and/or unsafe conditions in the neighborhood.

4. Concentration and spacing. A separation of 50 feet shall be required between exterior property boundaries of large family day care homes.

5. Fire safety. All requirements set forth by the State and the State Fire Marshal shall be met prior to operation of a large family day care home.

(Ord. 1670(19) § 11)

§ 17.404.110 Home Occupation.

A. Purpose. This Section establishes standards for home occupations. The purpose of the standards contained in this Section is to provide criteria and procedures for the consideration and approval of home occupations.

B. Administrative Use Permit and Business Tax Certificate Required. A home occupation requires the approval of an Administrative Use Permit consistent with Chapter 17.508 and a business tax certificate consistent with Title 5 (Business Licenses and Regulations).

C. Uses Allowed. Any use, except those listed in Subsection E, below, may be a home occupation if the Director determines that it complies with the provisions of this Section.

D. Home Occupation Standards. Home occupations, except cottage foods in Subsection F, shall comply with the following:

1. The home occupation shall be located entirely within a residence;

2. There shall be no employees in connection with the home occupation, within the home at any time, including before or after the work day, other than a member of the resident household;

3. There shall be no use of materials or mechanical equipment not recognized as part of normal household or hobby uses;

4. There shall be no customers of the business or sales of products on the premises;

5. The business shall not involve the use of commercial vehicles for delivery of materials to or from the premises other than a vehicle not to exceed the capacity of one ton, owned by the business owner, which shall be stored in an entirely enclosed garage;

6. Storage of materials and/or supplies related to the business, outside the residence, is not permitted;

7. No signs shall be displayed on the site in connection with the home occupation. There may be advertising on a vehicle that should not exceed three square feet in total. Magnetic signage is recommended;

8. In no way shall the appearance of the dwelling be altered to identify the business and changed the residential character of the existing neighborhood; and

9. There shall be no use of utilities or community facilities beyond the normal use of the property for residential purposes as defined in the zone.

E. Uses Not Allowed as a Home Occupation. The following activities are not allowed as a home occupation:

1. Teaching of organized classes;

2. Banks and financial institutions, including, but not limited to, nontraditional financial institutions;

3. Pet day care for more than four household pets;

4. Treatment or boarding of animals for profit;

5. Operation of food handling, processing, or packing that is not in compliance with the Santa Barbara County Environmental Health regulations and Section 114365 of the California Health and Safety Code;

6. On-site vehicle-related uses, including, but not limited to, cleaning, dismantling, embellishing, installing, manufacturing, repairing or servicing, selling, leasing or renting, towing, driving schools, dispatching vehicles, scrap yards, parts sales, or any storage of autos;

7. On-site retail sales, including, but not limited to, firearms, weaponry, ammunition, liquor, or tobacco. Retail sales consistent with the provisions of Subsection F (Cottage Food Industry Operations) shall be allowed;

8. Funeral and interment services, including, but not limited to, crematories, mortuaries, mausoleums, and undertaking;

9. Transient habitation, with the exception of bed and breakfast inns where allowed by Division 2 (Allowed Uses and Development Standards for All Zones);

10. Eating and drinking places, including, but not limited to, bars, nightclubs, and restaurants;

11. Laundry and dry cleaning services;

12. Communication facilities, including, but not limited to, transmission towers;

13. Business involving hazardous materials including, but not limited to, waste facilities, transfer, storage and treatment, unless approved by the Fire Chief;

14. Adult businesses; and

15. Any use not allowed in the applicable zone.

F. Cottage Food Industry Operation. Consistent with the operational requirements set forth in California Health and Safety Code § 114365 et seq., a cottage food operation (CFO) shall comply with the following standards.

1. All applicable provisions of the Municipal Code are made a part of the conditions of approval in their entirety, as if fully contained therein.

2. The CFO shall be registered with the Santa Barbara County Office of Environmental Health and conform with all regulations of AB 1616.

3. Food preparation shall take place entirely within the permitted area of the residence which is the private kitchen area with storage located in the same structure in residentially zone property.

4. Only foods defined as "non-potentially hazardous" are approved for preparation by CFOs. The California Department of Public Health will establish and maintain a list of approved cottage food categories on their website, which will be subject to change.

5. There may be one full-time equivalent employee (not counting family members or household members).

6. Class A CFOs are allowed to engage in direct sale, including up to two customers on-site at one time.

7. Class B CFOs may engage in both direct sale and indirect sale of cottage food products.

8. No cottage food product preparation, packaging, or handling may occur concurrent with any other domestic activities, including, but not limited to, family meal preparation, guest entertaining or dishwashing.

9. No infants, small children, or pets may be in the registered or permitted area during the preparation, packaging, or handling of any cottage food products.

10. Equipment and utensils used to produce cottage food products shall be clean and maintained in a good state of repair.

11. All food contact surfaces, equipment, and utensils, used for the preparation, packaging, or handling of any cottage food products shall be washed, and sanitized before each use.

12. All food preparation and food and equipment storage areas shall be maintained free of rodents and insects.

13. No preparation, packaging, storage, or handling of cottage food products and related ingredients and/or equipment shall occur outside of the registered or permitted area.

14. Smoking shall be prohibited in the registered or permitted area during the preparation, packaging, storing, or handling of cottage food products and related ingredients and equipment.

15. A person with a contagious illness shall refrain from work in the registered or permitted area of the CFO.

16. A person involved in the preparation of packaging of cottage food products shall keep his or her hands clean and exposed portions of his or her arms clean and shall wash his or her hands before any food preparation or packaging activity.

17. Water used during the preparation of cottage food products shall meet potable drinking water standards.

18. A person who prepares or packages cottage food products shall complete a food processor course instructed by the California Department of Public Health within three months of becoming registered or permitted.

19. A CFO shall properly package and label all cottage food products in compliance with the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 343 et seq.) and the Department's additional labeling requirements.

20. A CFO shall also comply with Subsections D.5, 6, 7, 8, and 9.

(Ord. 1670(19) § 11; Ord. 1679(21) § 11)

§ 17.404.120 Live/Work.

A. Purpose. This Section provides standards for the construction and operation of live/work units and for the reuse of existing commercial and industrial buildings to accommodate live/work opportunities where allowed in the applicable zone.

B. Applicability. Live/work units are allowed in compliance with Division 2 (Allowed Uses and Development Standards for All Zones).

C. Application Requirements. In addition to the requirements in Chapter 17.504 (Application Processing Procedures), the review authority may require an application for a live/work unit to include a Phase 1 Environmental Assessment for the site, including an expanded site investigation to determine whether lead-based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase 1 Environmental Assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to the Department to determine if remediation may be required.

D. Limitations on Use. The non-residential component of a live/work unit shall be a use allowed with the applicable zone (see Division 2). A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult businesses;

2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles, vehicle detailing and painting, upholstery, etc.);

3. Storage of flammable liquids or hazardous materials beyond what are normally associated with a residential use;

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous because of materials, processes, products, or wastes.

E. Occupancy Requirements. The "live" component of a live/work unit shall be the principal residence of at least one individual employed in the business conducted within the live/work unit.

F. Operating Requirements.

1. Sale or rental of portions of the unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zone.

3. On-premises sales. On-premises sales of goods are limited to those produced within the live/work unit; provided, the retail sales activity is incidental to the primary production work within the unit. Occasional open studio programs and gallery shows are allowed.

4. Non-resident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is otherwise prohibited or limited by the applicable permit. The employment of three or more persons who do not reside in the live/work unit may be allowed based on an additional finding that the employment will not adversely affect parking and traffic considerations in the immediate vicinity of the unit. The employment of any persons who do not reside in the live/work unit shall comply with the applicable California Building Code requirements.

5. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the applicable permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially-zoned areas.

G. Changes in Use. After approval, a live/work unit shall not be converted to either an entirely residential or entirely commercial use unless approved by the Commission with the issuance of a Conditional Use Permit. No live/work unit shall be changed to an entirely residential use in any structure where residential uses are not allowed.

H. Development Standards.

1. Commercial zones. In commercial live/work occupancies, the "work" component shall be an allowed use in the zone and shall be located in the front or public portion of the building or unit in which the combined use is located.

2. Floor area requirements. The floor area of the work space shall be at least 30% of the total floor area of each live/work unit. All floor area other than that reserved for living space shall be reserved and regularly used for working space.

3. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

4. Facilities for commercial or industrial activities. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity.

5. Integration of living and working space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space and shall have no exterior access except as required by the California Building Code.

6. Mixed occupancy buildings. If a project contains mixed occupancies of live/work units and other non-residential uses, the project shall be in compliance with the standards in Section 17.404.150 (Mixed-Use Development).

(Ord. 1670(19) § 11)

§ 17.404.130 Metal Storage Containers.

A. Non-Residential Zones and Non-Residential Uses in Residential Zones. The requirements in Table 17.404.130.A apply to metal storage containers in non-residential zones and non-residential uses in residential zones.

Table 17.404.130.A: Metal Storage Container Requirements and Standards for Non-Residential Zones and Non-Residential Uses in Residential Zones
Type	Permitting Requirements		Standards
Permanent metal storage container	If none of the below conditions apply	P	• Placed behind a building or within a screened fenced area. • Painted to match existing/adjoining building(s) and accessory structure(s). • One per parcel or per business. Businesses and apartments with over 14,000 s.f. of floor area may have one additional container for every 14,000 s.f., up to a maximum of 5 containers per acre. • For parcels in the I, BP, or OS Zones which have a Floor Area Ratio of less than 0.50, up to 5 containers per acre are allowed (pro-rated for parcels smaller or larger than 1-acre). • 5-foot separation from any structure. • Placed on level finished grade. • No plumbing connections. • When placed on a lot adjacent to H Street or Ocean Avenue, and the container is visible from a public street, additional screening requirements apply via structures and/or landscaping. • Adhere to accessory structure setbacks and lot coverage standards. • No stacking. • Compliance with Fire and Building requirements (e.g., flammable or hazardous materials). • Cannot be habitable or used as a residence. • Not located in required parking spaces or drive aisles unless the City determines that the blocked parking area(s)/drive aisle(s) is not required and a MUP is approved. • Located outside of the public right-of-way. • No signage is allowed. • Off-site containers are not allowed. • A warning device (e.g., a horn) shall be placed inside each container to address safety.
	If container blocks parking loading zone	MUP
	If container includes electrical connections	MUP
	If a business is operated from a container	CUP
	If container is located on a vacant site	CUP
Temporary metal storage container	TUP		• Temporary containers in addition to those allowed permanently (above) are allowed with approval of a TUP. • Allowed for seasonal uses. • Allowed for a maximum of 180 days. • 5-foot separation from any structure. • Placed on level finished grade. • No plumbing connections. • No stacking. • Compliance with Fire and Building requirements (e.g., flammable or hazardous materials). • Cannot be habitable or used as a residence. • Located outside of the public right-of-way. • No signage is allowed. • Off-site containers are not allowed. • A warning device (e.g., a horn) shall be placed inside each container to address safety.

P = Permitted Use

MUP = Minor Use Permit required (See Chapter 17.520)

CUP = Conditional Use Permit required (See Chapter 17.520)

TUP = Temporary Use Permit required (See Chapter 17.544)

B. Residential Uses in Residential Zones. The requirements in Table 17.404.130.B apply to metal storage containers for residential uses in residential zones.

Table 17.404.130.B: Metal Storage Containers Requirements and Standards for Residential Uses in Residential Zones
Type	Permitting Requirements	Standards
Permanent metal storage container	P	• One container allowed up to 14 ft. in length and a maximum of 120 s.f. • Adhere to accessory structure setbacks and lot coverage standards. • No stacking. • Placed on level finished grade. • Cannot be habitable or used as a residence. • A warning device (e.g., a horn) shall be placed inside each container to address safety. • Painted to match existing/adjoining building(s) and accessory structure(s). • No plumbing connections. • Compliance with Fire and Building requirements (e.g., flammable or hazardous materials). • Located outside of the public right-of-way. • No signage is allowed. • Off-site containers are not allowed.
Temporary metal storage container	TUP	• Temporary containers in addition to one permanent container (above) are allowed with approval of a TUP. • Allowed only when associated with home improvements and moving. • Allowed for a maximum of 180 days per year. • A warning device (e.g., a horn) shall be placed inside each container to address safety. • No stacking. • Placed on level finished grade. • Cannot be habitable or used as a residence. • 5-foot separation from any structure. • No plumbing connections. • Compliance with Fire and Building requirements (e.g., flammable or hazardous materials). • Located outside of the public right-of-way. • No signage is allowed. • Off-site containers are not allowed.

P = Permitted Use

TUP = Temporary Use Permit required (See Chapter 17.544)

(Ord. 1670(19) § 11)

§ 17.404.140 Mining/Resource Extraction.

A. Purpose.

1. The City recognizes that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. The City also recognizes that mining/resource extraction takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly.

2. The purpose of this Section is to ensure the continued availability of important mineral resources, while regulating mining/resource extraction operations as required by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.), as amended (also known as SMARA), "Public Resources Code (PRC) § 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (State Regulations) for surface mining and reclamation practice (California Code of Regulations (OCR), Title 14, Division 2, Chapter 8, Subchapter 2, § 3102 et seq.), to ensure that:

a. Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

b. The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

c. Residual hazards to the public health and safety are eliminated.

B. Applicability.

1. Incorporation by reference. The provisions of SMARA (PRC § 2710 et seq.), PRC § 2207, and State regulations CCR § 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this Section by reference with the same force and effect as if the provisions were specifically fully set out here in this Section, excepting that when the provisions of this Section are more restrictive than correlative State provisions, this Section shall control.

2. Scope.

a. Except as provided in this Section, no person shall conduct mining/resource extraction operations unless a Conditional Use Permit, reclamation plan, and financial assurances for reclamation have first been approved by the City. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City, including, but not limited to, the application of CEQA, the requirement of other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

b. This Chapter shall not apply to the following activities, subject to the exceptions described in Subsection 2.a:

(i) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

(ii) On-site excavation and on-site earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

(a) All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in compliance with applicable provisions of State law and locally adopted plans and ordinances, including, but not limited to, CEQA.

(b) The City's approval of the construction project included consideration of the on-site excavation and on-site earthmoving activities pursuant to CEQA.

(c) The approved construction project is consistent with the General Plan or the development standards of the site.

(d) Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(iii) Operation of a plant site used for mineral processing, including associated on-site structures, equipment, machines, tools, or other materials, including the on-site stockpiling and on-site recovery of mined materials, subject to all of the following conditions:

(a) The plant site is located on lands designed for industrial uses in the General Plan.

(b) The plant site is located on lands zoned industrial, or is contained within a zoning category intended exclusively for industrial activities by the City.

(c) None of the minerals being processed are being extracted on site.

(d) All reclamation work has been completed pursuant to the approved Reclamation Plan for any mineral extraction activities that occurred on-site after January 1, 1976.

(iv) Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(v) Surface mining operations that are required by Federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

(vi) Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

(vii) The solar evaporation of sea water or bay water for the production of salt and related minerals.

(viii) Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

(ix) Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in compliance with Board standards and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and postclosure uses in consultation with the Department of Forestry and Fire Protection. This exemption does not apply to on-site excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

C. Application Procedures and Review Process.

1. Filing. Applications for a Conditional Use Permit for mining/resource extraction shall be filed and processed in compliance with Chapter 17.520 (Conditional and Minor Use Permits).

2. Contents of application. In addition to the requirements of Chapter 17.520 (Conditional and Minor Use Permits), a mining/resources extraction or reclamation plan application shall include but not be limited to the following information and accompanying documents:

a. The forms for reclamation plans shall require, at a minimum, each of the elements required by SMARA (Sections 2772—2773) and State regulations, and any other standards deemed necessary to facilities an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the Director.

b. Applications shall include all required environmental review forms and information prescribed by the Director.

c. The applicant shall sign a statement accepting responsibility for reclaiming the mined lands in compliance with the City and State approved Reclamation Plan.

3. Fees.

a. The City shall establish fees as it deems necessary to cover the reasonable costs incurred in implementing this Section and the State regulations, including, but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement, and compliance.

b. The fees shall be paid by the operator, as required by the City, at the time of filing of the Conditional Use Permit application, reclamation plan application, and at such other times as are determined by the City to be appropriate in order to ensure that all reasonable costs of implementing this Section are borne by the mining operator.

4. Agency notification.

a. Within 30 days of acceptance of an application for a Conditional Use Permit for mining/resource extraction operations and/or reclamation plan is complete, the Department shall notify the State Department of conservation of the filing of the application(s), as well as the following if applicable:

(i) Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any State highway bridge, the Department shall also the State Department of Transportation that the application has been received.

(ii) Whenever an application for oil drilling or fracking is proposed, the Department shall notify the State Division of Oil, Gas, and Geothermal Resources of the filling of the application.

5. Review, financial assurance.

a. Prior to final approval of a reclamation plan, financial assurances in compliance with this Section, or any amendments to the reclamation plan or existing financial assurances, the Commission shall certify to the State Department of Conservation that the reclamation plan complies with the applicable requirements of State law and the Director must approve the financial assurances before the plan, assurance, or amendments are submitted to the State Department of Conservation for review.

b. The Commission may conceptually approve the reclamation plan and the Director may conceptually approve the financial assurance before submittal to the State Department of Conservation.

c. If a Conditional Use Permit is being processed concurrently with the reclamation plan, the Commission may simultaneously also conceptually approve the Conditional Use Permit. However, the Commission may defer action on the Conditional Use Permit until taking final action on the reclamation plan and until the Director takes final action on the financial assurances.

d. If necessary to comply with permit processing deadlines, the Commission may conditionally approve the Conditional Use Permit with the condition that the Department shall not issue the Conditional Use Permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken on the reclamation plan and financial assurances.

e. In compliance with Public Resources Code § 2774(d), the State Department of Conservation shall be given 30 days to review and comment on the reclamation plan and 45 days to review the comment on the financial assurance. The Commission shall evaluate written comments received, if any, from the State Department of Conservation during comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Commission's approval. In particular, when the Commission's position deviates from the recommendations and objections raised in the State's comments, the written responses shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the Commission shall be promptly forwarded to the applicant.

f. The Commission shall approve, conditionally approve, or deny the Conditional Use Permit and/or reclamation plan based on the findings in Subsection F (Required Findings), and concurrently approve the financial assurances in compliance with Public Resources Code § 2770(d), unless a continuance is warranted.

D. Vested Rights.

1. No person who obtained a vested right to conduct mining/resource extraction operations prior to January 1,1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operations except in compliance with SMARA, State regulations, and this Section.

2. Where a person with vested rights has continued mining/resource extraction in the same area subsequent to January 1, 1976, he or she shall obtain City approval of a Reclamation Plan covering the mined lands disturbed by such subsequent mining/resource extraction.

3. In the cases where an overlap exists between pre- and post-Act mining, the Reclamation Plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976).

4. All other requirements of State law and this Section shall apply to vested mining operations.

E. Standards for Reclamation.

1. Performance standards.

a. All reclamation plans shall comply with the standards of SMARA (§§ 2772 and 2773) and State regulations (California Code of Regulations §§ 3500 through 3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans shall also comply with the requirements for reclamation performance standards (California Code of Regulations §§ 3700 through 3713).

b. All reclamation activities shall comply with Section 17.304.090 (Performance Standards). The City may impose additional performance standards as developed either in review of individual projects, as warranted.

2. Timing.

a. Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance.

b. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations.

c. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include:

(i) The beginning and expected ending dates for each phase;

(ii) All reclamation activities required;

(iii) Criteria for measuring completion of specific reclamation activities; and

(iv) Estimated costs for completion of each phase of reclamation.

3. Financial assurances.

a. To ensure that reclamation will proceed in compliance with the approved reclamation plan, the City shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in State regulation, and which the City reasonably determines are adequate to perform reclamation in compliance with the mining/resource extraction operation's approved reclamation plan. Financial assurances shall be made payable to the City and the State Department of Conservation.

b. Financial assurances will be required to ensure compliance with elements of the reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

c. Cost estimates for the financial assurance shall be submitted to the Department for approval prior to the operator securing financial assurances. The Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirement of this Section, SMARA, and State regulations.

d. The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by mining/resource extraction activities since January 1, 1976, and new lands to be disturbed by mining/resource extraction activities in the upcoming year. Cost estimates should be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include, but may not be limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of 10% shall be added to the cost of financial assurances.

e. In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the mining/resource extraction operation could be abandoned by the operator and, consequently, the City or State Department of Conservation my need to contract with a third party commercial company for reclamation of the site.

f. The financial assurances shall remain in effect for the duration of the mining/resource extraction operation and any additional period until reclamation is completed (including required maintenance).

g. The amount of financial assurances required of a mining/resource extraction operation for any one year shall be adjusted annually to account for new lands disturbed by mining/resource extraction operations, inflation, and reclamation of lands accomplished in compliance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

h. Revisions to financial assurances shall be submitted to the Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

F. Required Findings. Mining/resource extraction operations shall comply with the standards in SMARA (§§ 2772 and 2773) and California Code of Regulations §§ 3500 through 3505 and 3700 through 3713, in addition to the following required findings.

1. Conditional Use Permits. Conditional Use Permits for mining/resource extraction operations shall be in compliance with Section 17.520.060 (Findings and Decision).

2. Reclamation plans. For reclamation plans, the following findings must be made prior to approval:

a. The reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this Section and the General Plan and any applicable resource plan or element;

b. The reclamation plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the mining/resource extraction operations are mitigated to the maximum extent feasible;

c. The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values;

d. The reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land consistent with the General Plan and applicable resource plan; and

e. A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by the Department, and where the City's position deviates from the recommendations and objections raised by the State Department of Conservation, the response addresses, in detail, why specific comments and suggestions were not accepted.

G. Reporting to State Department of Conservation. The Department shall forward a copy of each approved Conditional Use Permit for mining operations and/or approved reclamation plan, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the Department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the Conditional Use Permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

H. Statement of Responsibility. The applicant's signed statement accepting responsibility for reclaiming the mined lands in compliance with the reclamation plan shall be kept by the Department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Department for placement in the project file.

I. Interim Management Plans.

1. Within 90 days of a mining/resource extraction operation becoming idle, the operator shall submit to the Department a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including, but not limited to, all Conditional Use Permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be submitted on forms provided by the Department, and shall be processed as an amendment to the reclamation plan. IMPs shall not be considered a project for the purposes of environmental review.

2. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

3. Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to approval by the Commission.

4. Within 60 days after receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Commission shall review and approve or deny the IMP in compliance with this Section. The operator shall have 30 days, or longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Commission shall approve or deny the revised IMP within 60 days after receipt.

5. The IMP may remain in effect for a period not to exceed five years, at which time to the Commission may renew the IMP for another period not to exceed five years, or require the mining/resource extraction operator to commence reclamation in compliance with its approved reclamation plan.

J. Annual Report Requirements.

1. Mining/resource extraction operators shall forward an annual mining/resource extraction report to the State Department of Conservation and to the Department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board.

2. New mining operations shall file an initial mining/resource extraction report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner.

3. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual mining/resource extraction report.

K. Inspections.

1. Inspection requirements.

a. The Department shall arrange for inspection of a mining/resource extraction operation within six months of receipt of the annual report required in compliance with Subsection I (Annual Report Requirements), to determine whether the mining/resource extraction operation is in compliance with the approved Conditional Use Permit and/or reclamation plan, approved financial assurances, and State regulations.

b. A minimum of one inspection must be conducted every calendar year.

c. Inspections may be made by:

(i) A State registered geologist, State registered civil engineer, state licensed landscape architect, or State registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months; or

(ii) A qualified land use planner, qualified environmental protection specialist, or other qualified specialists, as selected by the Director.

d. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

2. Noticing.

a. The Department shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted.

b. The Department shall forward a copy of the inspection notice and any supporting documentation to the mining operator.

3. Costs. The operator shall be solely responsible for the reasonable cost of the inspection.

L. Violations and Penalties.

1. Determination of violation. The Director may determine that a mining/resource extraction operation is not in compliance with this Section based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, the applicable Conditional Use Permit, any required permit, or the reclamation plan.

2. Procedures for violation. Upon determination of a violation, the City shall follow the procedures set forth in Public Resources Code, § 2774.1 and § 2774.2 concerning violations and penalties, as well as those standards of Chapter 17.556 (Permit Modification and Revocations) for revocation of a Conditional Use Permit which is not preempted by SMARA.

M. Appeal. Any decision made in compliance with this Section may be appealed in compliance with Chapter 17.612 (Appeals).

N. Mineral Resource Protection.

1. Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing mining/resource extraction operations that remain in compliance with the standards of this Section, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the General Plan.

2. In compliance with Public Resources Code § 2762, the General Plan and resource maps will be updated to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of such information.

3. Land use decisions within the City will be guided by the information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged.

4. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be considered a condition of approval of any development project in the impacted area.

5. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval shall be applied to the encroaching development projects to minimize potential conflicts.

6. A discretionary permit of the Director's determination shall be required for any project proposed within 1,000 feet of active or abandoned oil and gas wells. The City shall consult the State Division of Oil, Gas, and Geothermal Resources prior to taking action on such a project.

(Ord. 1670(19) § 11)

§ 17.404.150 Mixed-Use Development.

A. Applicability. The provisions of this Section apply to the conversion of existing buildings to include mixed uses and/or new construction of mixed-use developments, where allowed by the applicable zone, in addition to any applicable standard this Code requires in the zone where the use is proposed and all other applicable provisions of this Code.

B. Permit Requirements. Mixed-use development is allowed in any zone, as long as the uses are allowed in that zone as identified in the allowable use tables in Division 2 (Allowable Uses and Development Standards for All Zones).

C. Development Standards. Mixed-use developments shall be in compliance with the performance standards listed in Section 17.304.090 (Performance Standards), in addition to the following standards.

1. Open space for dwelling units. Each dwelling unit in the proposed project shall be provided with private outdoor open space (e.g., decks, balconies, yards, or patios). Each private outdoor open space shall have a minimum dimension of six feet and an area of at least 60 square feet, except that the review authority may authorize different minimum dimensions due to unique site conditions or innovative design.

2. Design standards. The design of the proposed project shall provide for internal compatibility between residential and non-residential uses on a site. Site planning and building design shall provide for convenient pedestrian access from the public street into the non-residential portion of the project, through courtyards, plaza, or walkways, where appropriate. As the site allows, non-residential and residential uses shall have separate exterior entrances, elevators, and lobbies.

3. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable material shall be located on-site in locations that are convenient for residential and non-residential uses.

a. Refuse and recycling areas shall be consolidated to minimize the number of collection sites. Separate refuse and recycling areas may be provided and clearly marked for residential and non-residential uses.

b. Refuse and recycling areas serving a residential unit shall be located within 300 feet of the unit.

c. Refuse and recycling areas for residential units shall be designed to allow walk-in access without having to open a main enclosure gate.

4. Loading areas. Commercial loading areas shall be located away from residential units and comply with the standards in Section 17.308.040 (Off-Street Parking Requirements).

D. Prohibited Uses in Mixed-Use Developments. The following uses are prohibited in mixed-use developments:

1. Chemical-based photographic studios;

2. Dry-cleaning laundry facilities; and

3. Any other commercial use, activity, or process determined by the review authority to include unavoidable fumes, noxious odor, dust, smoke, gas, noise, or vibrations that may be detrimental to any other uses and occupants on the same property or neighboring properties.

(Ord. 1670(19) § 11)

§ 17.404.160 Multi-Family Residential—Condominium Conversion.

A. Applicability. The conversion of existing rental units into condominiums are subject to the requirements of this Section and LMC Title 16 (Subdivisions), specifically Section 16.36.050 (Conversion to Condominiums).

B. Tenant Provisions. In addition to the other standards of this Section and LMC Title 16 (Subdivisions), the applicant shall comply with all the current provisions of Government Code § 66427 et seq., including, but not limited to, those regulations related to noticing, tenants' rights, increase in rents, moving expenses, senior citizens, and low-moderate income tenants.

1. Tenant notification. All tenants who occupy the property after an application for a permit conversion has been filed with the City, shall be notified by the applicant prior to occupancy by such tenant.

2. Staff report. A copy of the staff report on the application shall be provided to the applicant and each tenant of the subject property consistent with Government Code § 66452.3.

C. Building Code Compliance. All conversions to condominiums shall be brought into compliance with current California Building Code standards unless otherwise specified by the Building Official.

(Ord. 1670(19) § 11)

§ 17.404.170 Outdoor Dining.

A. Purpose. Outdoor dining on public streets or areas can enhance the pedestrian ambiance of the City's commercial and mixed-use areas. The purpose of this Section is to set forth the conditions and requirements under which an outdoor dining area may be allowed to operate.

B. Applicability. Restaurant activity may occur within a sidewalk or open space, or a porch or patio per the standards in this Section and as allowed by the allowed uses tables in Division 2 (Allowed Uses and Development Standards for All Zones).

C. Limitations and Requirements. Outdoor dining shall comply with the standards specified below.

1. Outdoor dining is only permitted on the sidewalk when the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed outdoor dining area. There shall be a minimum four-foot clearance to allow adequate pedestrian movement.

2. Furniture such as tables, chairs, umbrellas and portable heaters are allowed to be placed within the public sidewalk if the furniture is:

a. Moveable;

b. Located adjacent to the building;

c. Clear of required ADA access; and

d. Maintained in a manner that does not become detrimental to the function and appearance of the sidewalk or outdoor space or that presents potential safety hazards.

3. Only food and beverages prepared or stocked for sale at the adjoining indoor restaurant are allowed in the outdoor dining area.

4. If alcohol is served, such activity shall be duly licensed by State authorities for consumption with-in the outdoor dining area. The area where alcohol is to be consumed shall be delineated by decorative stanchions, potted plants and/or any other such approved method.

5. The preparation of food and fixed busing facilities are prohibited in outdoor dining areas. All exterior surfaces within the outdoor dining area shall be easily cleanable and shall be kept clean at all times by the restaurant operator.

6. Trash and refuse storage shall not be permitted within the outdoor dining area or adjacent sidewalk areas. The restaurant operator shall be responsible for maintaining the outdoor dining area, including removal of all trash as it accumulates and maintaining the ground surface, furniture, and adjacent areas in clean and safe condition.

7. Hours of operation shall be limited to or less than those of the indoor restaurant. If located on a public sidewalk, all furniture used in the operation of an outdoor dining area shall be removed from the sidewalk and stored indoors whenever the restaurant is closed.

8. A City Encroachment Permit must be approved before outdoor dining may occur on the public sidewalk.

9. Outdoor dining areas may not encroach upon any part of an adjacent property's sidewalk front-age.

10. The City shall have the right to prohibit the operation of an outdoor dining area on a public side-walk at any time if anticipated or actual problems arise in the use of the sidewalk area (e.g., festivals, parades, repairs to the public right-of-way, emergencies, etc.). To the extent possible, the permittee will be given prior written notice of any time period during which the City will prohibit operation of the outdoor dining area.

11. Outdoor dining areas along a sidewalk shall not be enclosed with any feature taller than four feet except for landscaping which shall not obscure views into the sidewalk dining area.

(Ord. 1670(19) § 11)

§ 17.404.180 Outdoor Display.

A. Purpose. Outdoor display of retail merchandise can enhance the pedestrian ambiance of the City's commercial areas and is necessary and appropriate for certain retail businesses. The purpose of this Subsection is to set forth the conditions and requirements under which a permanent outdoor display area may be allowed.

B. Applicability. Permanent outdoor display is allowed consistent with Division 2 (Allowed Uses and Development Standards for All Zones). Temporary outdoor display is addressed in Section 17.404.210 (Temporary Uses).

C. General Standards. All permanent outdoor display in the commercial and mixed-use zones shall be subject to the approval of an Administrative Use Permit, unless a higher level of permit (i.e., Minor Use Permit or Conditional Use Permit) is required by Division 2, and shall comply with the following standards:

1. Only merchandise normally available at the associated business may be displayed outdoors;

2. The goods or merchandise displayed outdoors shall be immediately adjacent to the retail store, along the storefront to the maximum extent practical, and shall be on private property;

3. The outdoor display of merchandise shall only occur during times when the associated establishment is open for business unless deemed impractical by the Director (e.g., vehicle sales, garden/nursery stock, etc.); and

4. The goods or merchandise displayed outdoors shall not consist of any items, such as mirrors or hubcaps, which are capable of reflecting sufficient light to cause a traffic hazard.

D. OTC Zone. Retail businesses in the OTC Zone may be allowed outdoor displays on the public side-walk immediately along the business frontage provided that a minimum width of four feet is maintained clear of any obstructions.

(Ord. 1670(19) § 11)

§ 17.404.190 Public Services, Emergency Services.

A. Purpose. Public services, emergency services ensure public health, safety, and welfare during emergency situations. The purpose of this Section is to set forth the standards for critical public services facilities.

B. Applicability. Public services, emergency services are allowed in compliance with Division 2 (Allowed Uses and Development Standards for All Zones) and the applicable requirements of the County Hazardous Waste Management Plan (HWMP).

C. Development Standards.

1. All critical public services, emergency services shall not be located in hazardous areas in compliance with the General Plan hazard maps. These areas include floodway or floodway fringe, slope or liquefaction hazard areas, and high or moderate wildland fire areas.

2. All publicly-owned facilities shall provide and maintain emergency electrical generating capability.

3. No new facility shall be located in very high fire hazard zones.

4. All new public services, emergency services are subject to the following required studies prior to issuance of any permit or approval:

a. Assessment of the site location in proximity to access routes and the hazardous areas indicated in this Subsection C; and

b. Techniques to address identified ground shaking characteristics and liquefaction potential.

D. Application Requirements. Applications shall be in compliance with the requirements in Chapter 17.504 (Application Processing Procedures).

(Ord. 1670(19) § 11)

§ 17.404.200 Residential Care Homes.

A. Purpose. Affordable care and housing for the elderly, disabled, and other persons in need of supervision or essential assistance for daily living that is compatible with surrounding uses shall be ensured according to the following standards.

B. Density. The density shall comply with the density allowed in the applicable zone. A density bonus may be applied if the project meets the applicable density bonus provisions of Chapter 17.320 (Density Bonuses and Other Incentives for Affordable Housing).

C. Development Standards. Residential care homes shall be compliant with the following.

1. Parking.

a. Parking and outdoor facilities shall provide security (e.g., lighting, security personnel, video cameras, etc.) for residents, visitors, employees and the surrounding area.

b. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need.

2. Lighting. External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of-way consistent with Section 17.304.090 (Performance Standards).

3. Recreational areas. Common entertainment, recreational, and social activity areas shall be provided in a number, size, and scale consistent with the number of living units provided.

D. Management Plan. The applicant or operator shall submit a management plan for the residential care home for review and approval by the review authority prior to approval of a business license or Conditional Use Permit, if applicable. The plan shall demonstrate compliance with the standards of this Section and objective management standards that are compliant with Government Code § 65583(a)(4) and comparable with the standards listed in Section 17.404.090 (Emergency Shelter), as applicable and appropriate as determined by the review authority.

E. Transportation Services and Facilities. If appropriate, the project site shall be designed to adequately accommodate transit services to the satisfaction of the Director.

(Ord. 1670(19) § 11)

§ 17.404.205 Safe Parking Programs.

A. Purpose. This Section establishes criteria and procedures for the consideration and review of Safe Parking Program applications, and standards for the operation of Safe Parking Programs.

B. Administrative Use Permit; Development Standards. Safe Parking Programs require the approval of an Administrative Use Permit consistent with Chapter 17.508, and are only allowed in compliance with Division 2 (Allowed Uses and Development Standards for All Zones). Safe Parking Programs shall conform to all development standards of the zone in which they are located, in addition to the requirements of this Section and any conditions of approval for the Administrative Use Permit.

C. Duration of Administrative Use Permit; Time Extension. Notwithstanding any other provision of Title 17 of this code, Administrative Use Permits for Safe Parking Programs shall only be valid for two years and shall thereafter expire unless extended by the City. Applications for time extensions shall be governed by Section 17.552.070 (Time Extensions), except that (i) Administrative Use Permits for Safe Parking Programs may only be extended for periods of up to two years, after which another time extension shall be required, and (ii) there is no limitation on the number of time extensions that may be granted, notwithstanding Subsection 17.552.070.F.

D. Other Licenses and Permits. Safe Parking Programs shall obtain and maintain in good standing all required licenses, permits, and approvals from City, County, State, and Federal agencies or departments and comply with all applicable Building and Fire Codes.

E. Restrictions in Residential Zones. If located in the RA, R-1, R-2, or R-3 zone, Safe Parking Programs are only allowed on property owned by a public entity or as an accessory use on properties with a primary use of community assembly.

F. Application Fee. Notwithstanding Section 17.504.040 of this code, no application fee shall be required when applying for an Administrative Use Permit for a Safe Parking Program or for an extension of any such permit.

G. Application Requirements. In addition to the application requirements in Section 17.504.030, an applicant for a Safe Parking Program Administrative Use Permit shall submit the following information and documentation with its permit application:

1. A site plan indicating the location of trash and recycling facilities, water, restroom facilities, exterior lighting fixtures, location of and distances to surrounding residential properties, location of and distance to nearest public transportation, and location and number of designated overnight parking spaces.

2. Proposed days and hours of operation.

3. A management and operation plan, which shall address, but is not limited to, the following:

a. Security;

b. Staff training;

c. Neighborhood relations, including procedures for addressing complaints in a timely manner;

d. A pet policy;

e. Participant intake process;

f. List of services provided;

g. Facility and parking lot maintenance;

h. Refuse control;

i. Amenities, if any, such as cooking/dining facilities, showers, and laundry facilities; and

j. An anti-discrimination policy.

4. Evidence that the applicant is a social service provider, as defined in Section 17.704.020(S), with the experience and qualifications to manage the Safe Parking Program and meet the standards set forth in this Section.

5. Any other information the Director may determine is necessary to ensure compliance with the provisions of this Section.

H. Site Requirements.

1. Lighting. External lighting shall be provided for security purposes. The lighting shall be stationary and directed away from adjacent properties and the public right-of-way consistent with Section 17.304.090 (Performance Standards).

2. Facilities. Restroom, water, and trash facilities shall be provided, maintained, and accessible to participants during all hours when program participants are allowed to be on site. Outdoor toilets or other sanitation facilities shall not be visible from the public right-of-way or public property.

3. Signs. No signs shall be present on the property relating to its use as a shelter for the homeless.

4. Setbacks; location of parking spaces. As a condition of approval of a Safe Parking Program, the Director may require the designated overnight parking spaces to be set back a certain distance from the property line or to be located only on a certain portion of the property in order to protect the health, safety, and welfare of program participants and the public, and to ensure compatibility of the Safe Parking Program with surrounding uses.

5. Number of overnight parking spaces. As a condition of approval of a Safe Parking Program, the Director may limit the amount of designated overnight parking spaces to ensure that adequate services and facilities are available for all program participants, in order to protect the health, safety, and welfare of program participants and the public, and to ensure compatibility of the Safe Parking Program with surrounding uses.

I. Safe Parking Program Standards.

1. Social service provider. Safe Parking Programs shall be operated and managed by a qualified social service provider, as defined in Section 17.704.020(S).

2. Case management and self-sufficiency program. Program participants must be paired with a case manager and enrolled in a self-sufficiency program, as defined in Section 17.704.020(S), to facilitate the transition to permanent housing. The case manager shall assess the needs of, and arrange, coordinate, and monitor care and services for, each program participant in accordance with the needs of the participant.

3. Participant exclusion. Prospective participants shall be screened for criminal history. Participant exclusion shall be determined by the program manager on a case-by-case basis based on standards set by the program manager in order to ensure the safety of all program participants.

4. Local preference. In selecting program participants, the program manager shall give preference to individuals with proof of residency in Santa Barbara County for a minimum period of six months within the last two years. Evidence of residency may include, but is not limited to, items such as rental agreements, mortgage, utility, hotel, and medical facility bills, paystubs, and intake from homeless service programs.

5. Authorized vehicles only. The program manager shall ensure that only vehicles registered in the program are parked overnight at the program site during program hours. A parking permit shall be provided to each participant to be displayed in vehicle windows in a form to be approved by the program manager and provided to the Community Development Director.

6. Participant information. At all times, the program manager shall maintain a roster of the names and vehicle license plate numbers of each program participant.

7. Written agreement with participants. Program participants shall be required to enter into a written agreement with the program manager before using overnight parking spaces and those agreements shall be strictly enforced by the program manager. Copies of such agreements shall be provided to the City upon request. The agreement, at a minimum, shall include the following terms and conditions:

a. Only one vehicle is allowed per participant.

b. At least one participant per vehicle shall possess a current driver's license, vehicle registration, and insurance for the vehicle that will be parked overnight. The program manager shall keep a copy of all three on record.

c. Vehicles parked on site be maintained in good working condition.

d. Vehicles may only be occupied by participants and approved registered household members. Guests shall not be allowed.

e. Participants shall not use or possess any illegal drugs or alcohol either on their person or in their vehicle.

f. Participants shall not use or possess any weapons or firearms of any kind either on their person or in their vehicle.

g. No fires of any kind shall be permitted.

h. No music or other audio may be played that is audible outside participants' vehicles.

i. No cooking or food preparation shall be performed outside participants' vehicles. Cooking inside vehicles is prohibited unless the vehicle was manufactured with cooking appliances.

j. Tents, camping tarps, and other shelters or equipment beyond the participant's vehicle are prohibited. Program participants shall not sleep anywhere other than in their vehicles.

k. Participants shall maintain control of pets. Pets shall be kept on a leash at all times and animal waste shall be picked up immediately and disposed of properly.

l. Participants shall not dump sewage or other waste fluids or solids, deposit excreta outside a vehicle, or park vehicles that leak fluids (e.g., gasoline, transmission or radiator fluid, or engine oil).

8. Management and operation plan. The program manager shall strictly comply with the management and operation plan submitted with the permit application and approved by the City.

J. City's Right to Inspect. The program manager shall allow City representatives to enter and inspect the program site during business hours to ensure compliance with this Section.

(Ord. 1680(21) § 9)

§ 17.404.210 Temporary Uses.

A. Purpose and Applicability. Temporary uses are not intended to be permanent uses but are transitional in nature, generally allowing for emergency situations, construction activity, or the establishment of short-term sales events. Temporary uses and/or activities may not comply with the particular standards of the zone in which the temporary use will be located, but may otherwise be acceptable because of their temporary nature, when reviewed and appropriately conditioned in compliance with this Chapter and Chapter 17.544 (Temporary Use Permits). Standards for specific temporary uses are described below. Some temporary uses require a Temporary Use Permit in compliance with Chapter 17.544 (Temporary Use Permits).

B. General Requirements for All Temporary Uses. The review authority may impose requirements for any of the following:

1. Compliance with all applicable Federal, State, or County, and local regulations and ordinances;

2. Compliance with any other permit requirements (i.e., Building and/or Electric Division);

3. Applicant availability during temporary use activity;

4. Agreement that the temporary use will cease on the date printed on the permit, and all related equipment, supplies, product and personnel removed from the site; and

5. Any other condition which will ensure the operation of the proposed temporary use or event in an orderly and efficient manner and in full compliance with the purpose of this Section, including:

a. Cumulative time limits,

b. Parking,

c. Operating hours,

d. Screening,

e. Storm water infiltration and pollution prevention,

f. Waste collection and disposal,

g. Pedestrian and vehicular access/circulation, and

h. Signs, in compliance with Section 17.316.070 (Temporary Signs).

C. Requirements for Specific Temporary Uses. The following temporary uses and events are subject to a Temporary Use Permit (see Chapter 17.544 Temporary Use Permits) and shall comply with the following standards.

1. Commercial filming. Commercial filming may be authorized on properties within residential, commercial, and industrial zones subject to compliance with the following:

a. The applicant shall provide the City with the name and contact information of a representative of the filming company who will be on site during filming and responsible for compliance with any conditions imposed by the Director.

b. The applicant shall provide the City with a description of the filming activities, including methods of illumination, use of pyrotechnics, aircraft, firearms or replicas, open flame, animals, stunts, amplified sound, or other devices or methods that have the potential to be hazardous or disruptive.

c. The proposing filming activity shall not substantially disrupt the use of a road at a time when it is usually subject to traffic congestion or interfere with the operation of emergency vehicles.

d. The proposed filming location shall not substantially interfere with road maintenance work, or a previously authorized excavation permit, or other permits.

e. Proposed filming locations and activity on City property shall not substantially interfere with other previously authorized activities or contracts.

f. Proposed filming locations and activity on County property shall not substantially interfere with the conduct of City business adjoining that property or the scheduled maintenance of the City buildings or grounds.

g. Proposed filming activity shall not significantly degrade the environment.

h. The particular filming activity does not violate Federal, State, or local law, including licensing or permit requirements.

i. The applicant shall procure and maintain, for the duration of the film activity, insurance in the forms, types, and amounts prescribed by the Director and the Fire Marshal.

j. Prior to the issuance of a Temporary Use Permit, the permit applicant shall agree in writing to comply with the Temporary Use Permit terms and conditions, as specified by the Director.

k. In addition to conditions that may be imposed on a Temporary Use Permit, a Temporary Use Permit approving commercial filming may include terms and conditions such as:

(i) Requirements for the presence of employees or agents of the City, at the applicant's expense, for certain filming activities.

(ii) Requirements for the posting of no parking signs, placement of traffic control devices, and employment of traffic and crowd control monitors.

(iii) Requirements concerning the posting of outer boundaries of the filming activity.

(iv) Requirements concerning the cleanup and restoration of City roads and other City property used during the filming activity.

(v) Restrictions of certain filming activities, methods, or devices (e.g., pyrotechnics; amplified sound; stunts; police, fire, or official uniforms worn by actors; etc.).

(vi) Requirements concerning the posting of bonds or deposits to secure restoration or performance.

l. The Director shall require proof of notice to be filed with the permit application. Notice in such cases shall be given to all occupants and owners of real property, located within 300 feet of the site of the proposed filming activity, as determined by the most recent County Assessor's tax roll. In the case of road closure or encroachment, notice shall also be given to occupants and owners of real property with no means of access except for the affected road. The Director may waive or modify this requirement if such notice is not necessary to protect the public health, safety, and general welfare.

m. The Director shall process the Temporary Use Permit within two business days of receipt of the application unless the proposed filming activity requires extensive notice or review by other City Departments due to fire, traffic, safety, environmental quality, or other concerns.

n. The Director may waive Temporary Use Permit fees for non-profit institutions and enterprises conducting filming activities.

2. Events. Circuses, carnivals, and similar transient amusement enterprises in any commercial or industrial zone subject to no more than 30 days of site occupation and operation in any calendar year.

3. Festivals. Music festivals, outdoor art and craft shows and exhibits, and similar outdoor entertainment activities in any zone except the RA and R-1 zones, subject to a limitation on the number of days of operation as determined by the Director.

4. Sidewalk vendors.

a. Applicability. Sidewalk vending includes selling or distributing food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path or within a public park. A sidewalk vendor can be roaming or stationary. The following side-walk vendors are not subject to the standards in this Subsection:

(i) A sidewalk vending pushcart owned or operated by any public agency;

(ii) Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

(iii) Vendors participating in farmers markets or other special events as allowed by the City;

(iv) An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way); and

(v) Vendors that only sell, distribute, display, solicit, or offer sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

b. Vendors permit required. No sidewalk vendor shall operate without a sidewalk vending permit and a business tax certificate.

c. Applications. The application for a sidewalk vending permit shall be signed by the applicant and shall include the following information:

(i) The name and current mailing address of the applicant;

(ii) A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation, a description of the cart, and any additional information that will explain the proposed use;

(iii) A description and photograph (including colors and any signs) of any stand to be used in the operation of the business;

(iv) A certification by the sidewalk vendor that to his or her knowledge and belief, the information contained on the application is true;

(v) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal;

(vi) Valid permit issued by the Santa Barbara County Health Department, if the sidewalk vendor intends to sell food or any other item requiring a County Health Department permit.

d. Issuance and fees. Not later than 15 business days after the filing of a completed application for a vendor's permit, the applicant shall be notified of the decision on the issuance or denial of the permit.

(i) Fees shall be determined by Council resolution and shall be paid prior to issuance of a permit.

(ii) Permits to vend shall be reviewed and approved by the Director in conjunction with the City Clerk.

(iii) Locations for vending shall be approved by the Director.

(a) In addition to any locational restrictions found in Subsection C.4.f, vending locations may be further limited by the Director only if the limitation is directly related to objective health, safety or welfare concerns, including but not limited to: the ability of the site to safely accommodate the use; and pedestrian safety.

(b) Vending locations may change only upon written request by an applicant and approval by the Director.

(iv) The City's approval of a vending permit does not authorize a sidewalk vendor to operate in Santa Barbara County's or the State's right-of-way. Vendors wishing to operate in the Santa Barbara County's or the State's right-of-way must obtain separate authorization from the County or State, as applicable.

e. Term and renewal. All sidewalk vending permits are valid for three years unless revoked or suspended prior to expiration. An application to renew a permit shall be made not later than 60 days before the expiration of the current permit. Permit fees and renewal procedures shall be established in accordance with the Municipal Code.

f. Operational standards. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:

(i) Vend between 2:30 a.m. and 6:00 a.m. unless in conjunction with a special event;

(ii) Leave any stand unattended;

(iii) Store, park, or leave any stand overnight on any public street, sidewalk, or park;

(iv) Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

(v) Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

(vi) Discharge solids or liquids to the street or a storm drain;

(vii) Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;

(viii) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his or her stand where such terms have not been described by his or her application;

(ix) Solicit or conduct business with persons in motor vehicles;

(x) Sell anything other than that which he or she is permitted to vend;

(xi) Sound or permit the sounding of any device that produces a loud and raucous noise or any noise in violation of the City's noise ordinance (LMC Chapter 8.08), or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

(xii) Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

(xiii) Operate within 25 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

(xiv) Vend from the exposed street or alley and/or traffic side of the vending cart;

(xv) Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

(xvi) Operate a stationary vending cart in exclusively residential zones;

(xvii) Operate a sidewalk vending cart within 500 feet of a certified farmers market or swap meet during the operating hours of that certified farmers market or swap meet;

(xviii) Operate a sidewalk vending cart within 500 feet of any public sidewalk, street, right-of-way, or other public property approved for commercial filming or a temporary event or festival pursuant to Subsections C.1, 2, or 3, except that this prohibition shall not apply within 500 feet of the following events:

(a) Lompoc Children's Christmas Season Parade, and

(b) Lompoc Flower Festival Parade;

(xix) Operate in violation of any other generally applicable law;

(xx) Display off-site signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, or blinking light, or varying intensity of light or color, are not permitted;

(xxi) Operate in any manner that is not in compliance with all requirements of all applicable regulatory agencies.

g. Additional operational standards in public parks. In addition to the operational standards above in Subsection (f), the following shall also be prohibited for any sidewalk vendor operating in a public park:

(i) Operate outside the hours of operation of the park;

(ii) Operate more than six feet from any walking or bicycling pathway in the park;

(iii) Operate within 50 feet of any other sidewalk vendor in the park;

(iv) Operate on, or within 25 feet of, any sports field or playground equipment area;

(v) Utilize any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park in any way as part of the sidewalk vending operation;

(vi) Operate within 25 feet of any bench, table, barbeque pit, covered gathering area, or other publicly-owned structure or amenity in the park;

(vii) Operate a stationary sidewalk vending cart at any time a concessionaire is operating in the park, which concessionaire has signed an agreement with the City for concessions that exclusively permits the sale of food or merchandise by the concessionaire.

h. Vending cart requirements. No vending cart shall exceed four feet in width, eight feet in height, or eight feet in length.

i. Safety requirements. All sidewalk vendors that prepare or sell food shall comply with the following requirements:

(i) All equipment installed in any part of the cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(ii) All utensils shall be securely stored in order to prevent their being thrown from the cart or vehicle in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

(iii) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.

j. Display of permit. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

k. Violation of sidewalk vending requirements. A violation of these sidewalk vending requirements, other than failure to possess a valid sidewalk vending permit, is punishable by the following:

(i) An administrative fine of $100.00 for a first violation.

(ii) An administrative fine of $200.00 for a second violation within one year of the first violation.

(iii) An administrative fine of $500.00 for each additional violation within one year of the first violation.

(iv) Rescission of a sidewalk vending permit for the term of that permit upon the fourth violation or subsequent violations.

l. Vending without a permit. Vending without a sidewalk vending permit issued by the City of Lompoc is punishable by the following:

(i) An administrative fine of $250.00 for a first violation.

(ii) An administrative fine of $500.00 for a second violation within one year of the first violation.

(iii) An administrative fine of $1,000.00 for each additional violation within one year of the first violation.

(iv) Upon proof of a valid permit issued by the City of Lompoc, any administrative fines imposed under this subsection for vending without possessing a copy of the permit shall be reduced to the administrative fines set forth in Subsection C.4.k.

m. All fines imposed pursuant to Subsection C.4.k or l above shall be subject to an ability-to-pay determination as described in California Government Code § 51039(f). Concurrently with issuing a citation for such fines to a person, the City shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

5. Mobile vendors.

a. Purpose. This Subsection regulates mobile vending other than in public sidewalks or parks. Mobile vending can promote the public interest by contributing to an active and attractive pedestrian environment. However, reasonable regulation of mobile vending is necessary to protect the public health, safety, and welfare. The purpose of this Subsection is to set forth the conditions and requirements under which mobile vendors may be permitted to operate to protect the public health, safety, and welfare of the residents of and visitors to Lompoc.

b. Applicability. Mobile vending activity may occur within a public or private open space not including a public sidewalk or park (e.g., parking lot, plaza, etc.), or from a vehicle legally parked on the street, in all commercial, mixed use, business park, and industrial zones in compliance with the standards in this Subsection. Mobile vending activity may also occur from a vehicle legally parked on the street in all residential zones, in compliance with the standards of this Subsection. The requirements in this Code shall control over the provisions in LMC Section 5.08.150. The following mobile vendors are not subject to the standards in this Subsection:

(i) A mobile vending vehicle or pushcart owned or operated by any public agency;

(ii) Persons delivering goods, wares, merchandise, fruits, vegetables, or foodstuffs upon order of, or by agreement with, a customer from a store or other fixed place of business or distribution;

(iii) Vendors participating in farmers markets or other special events as allowed by the City;

(iv) An event at a school facility or an assembly use facility, if the vendor is operating in partnership with the organization conducting the event and is located on the site of the event (i.e., not in the public right-of-way); and

(v) Vendors that only sell, display, solicit, or offer sale of items that are inherently communicative and have nominal utility apart from its communication (e.g., newspapers, leaflets, pamphlets, buttons, etc.).

c. Vendors permit required. No mobile vendor shall operate without a mobile vendor's permit and business tax certificate.

d. Applications. The application for a mobile vendor's permit shall be signed by the applicant and shall include the following:

(i) The name, home, and physical business address of the applicant, and the name and address of the owner, if other than the applicant, of the vending stand to be used in the operation of the vending business;

(ii) A description of the type of food, beverage, or merchandise to be sold, as well as hours of operation and any additional information that will explain proposed use;

(iii) A description and photograph (including signage and colors) of any stand to be used in the operation of the business;

(iv) Written evidence that the applicant is an owner, lessee, or holder of a similar interest in the mobile vendor vehicle;

(v) The State vehicle license plate number and the vehicle identification number of the mobile vendor vehicle;

(vi) Valid permit issued by the Santa Barbara County Health Department, if the mobile vendor intends to sell food or any other item requiring a County Health Department permit.

e. Issuance and fees. Not later than 15 business days after the filing of a completed application for a vendor's permit, the applicant shall be notified of the decision on the issuance or denial of the permit.

(i) Fees shall be determined by Council resolution and shall be paid prior to issuance of a permit.

(ii) Permits to vend shall be reviewed and approved by the Director in conjunction with the City Clerk.

(iii) Locations for vending, within the given commercial, mixed use, business park, industrial, and/or residential zone, shall be approved by the Director.

(a) Vending locations shall be designated based on the ability of the site to safely accommodate the use.

(b) Vending locations may change only upon written request by an applicant and approval by the Director.

(c) All locations of vending stands shall be considered in relation to right-of-way configurations and pedestrian safety.

(iv) The City's approval of a vending permit does not authorize a mobile vendor to operate on private property or in a City-owned parking lot, plaza, or other City-owned area (other than a public sidewalk), unless the vendor has also obtained written authorization from the private property owner or City, as applicable, to enter onto such property.

(v) The City's approval of a vending permit does not authorize a mobile vendor to operate in Santa Barbara County's or the State's right-of-way. Vendors wishing to operate in the Santa Barbara County's or the State's right-of-way must obtain separate authorization from the County or State, as applicable.

f. Term and renewal. All permits are valid for three years unless revoked or suspended prior to expiration. An application to renew a permit shall be made not later than 60 days before the expiration of the current permit. Permit fees and renewal procedures shall be established in accordance with the Municipal Code.

g. Operational standards. It shall be prohibited for any mobile vendor to operate under any of the following conditions:

(i) Vend between 2:30 a.m. and 6:00 a.m. unless in conjunction with a special event;

(ii) Leave any stand or motor vehicle unattended;

(iii) Store, park, or leave any stand overnight on any public street or sidewalk, or park any motor vehicle other than in a lawful parking place;

(iv) Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;

(v) Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;

(vi) Discharge solids or liquids to the street or a storm drain;

(vii) Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand or vehicle;

(viii) Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his or her stand where such terms have not been described by his or her application;

(ix) Solicit or conduct business with persons in motor vehicles;

(x) Sell anything other than that which he or she is permitted to vend;

(xi) Sound or permit the sounding of any device that produces a loud and raucous noise, or any noise in violation of the City's noise ordinance (LMC Chapter 8.08), or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;

(xii) Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;

(xiii) Operate within 25 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;

(xiv) Operate within 25 feet of the outer edge of a driveway or vehicular entrance to public or private property in commercial, mixed use, business park, or industrial zones;

(xv) Vend from the exposed street or alley and/or traffic side of the vending cart or vehicle;

(xvi) Vend while parked illegally;

(xvii) Vend from any street parking space other than a space parallel to the curb;

(xviii) Operate in a manner that does not maintain four feet of clear space on a public sidewalk;

(xix) Operate in any manner or location that blocks any citizen or service entry or exit from any business or residence;

(xx) Operate from any motor vehicle not licensed by the Department of Motor Vehicles;

(xxi) Display off-site signs. No signs are allowed, except those approved in the application which identify the name of the product or the name of the vendor and the posting of prices on the cart. Signs with intermittent, flashing, moving, or blinking light, or varying intensity of light or color, are not permitted;

(xxii) Operate in any manner that is not in compliance with all requirements of all applicable regulatory agencies.

h. Safety requirements. All mobile vendors that prepare or sell food shall comply with the following requirements:

(i) All equipment installed in any part of the mobile vending vehicle or cart shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or overturn.

(ii) All utensils shall be securely stored in order to prevent their being thrown from the cart or vehicle in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives.

(iii) Compressors, auxiliary engines, generators, batteries, battery chargers, gas-fueled water heaters, and similar equipment shall be installed so as to be hidden from view to the extent possible and be easily accessible.

i. Display of permit. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.

j. Denial, suspension, and revocation. Any permit may be denied, suspended, or revoked in accordance with Chapter 17.556 (Permit Modification and Revocation) for any of the following causes:

(i) Fraud or misrepresentation contained in the application for the permit.

(ii) Fraud or misrepresentation made in the course of carrying on the business of vending.

(iii) Conduct of the permitted business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, or welfare.

(iv) Conduct in violation of the provisions of this Subsection C.5, or in violation of the mobile vendor permit.

6. Parklet. Parklets are intended to provide space for sidewalk/street furniture and aesthetic elements that allow the public to sit and enjoy space along the sidewalk and street. Parklets are allowed within the OTC Zone, subject to an Encroachment Permit approved by the Public Works Director.

7. Temporary outdoor display and storage. Temporary outdoor displays and storage are allowed in compliance with Section 17.404.180 (Outdoor Display), in addition to the following standards:

a. The total outdoor display area for any business shall not exceed 750 square feet; and

b. No outdoor display may exceed a display period of 72 consecutive hours.

8. Seasonal sales lots. Seasonal sales activities for holidays (e.g., Thanksgiving, Christmas, 4th of July, etc.), including temporary residence/security trailers, are only allowed on non-residential properties.

9. Storage containers.

a. See Section 17.404.130 regarding metal storage containers.

b. A storage container located on an active construction site must be removed immediately following the issuance of a certificate of occupancy or final inspection.

10. Tract homes or lot sales offices.

11. Temporary parking lots. Parking for temporary uses shall be compliant with the applicable standards in Section 17.308.060 (Parking Design and Construction).

D. Similar temporary uses. Similar temporary uses, which are compatible with the zone and surrounding land uses, may require a Temporary Use Permit and be subject to the standards in this Section, as determined by the Director.

(Ord. 1670(19) § 11; Ord. 1679(21) § 11)

§ 17.404.220 Wireless Telecommunications Facilities.

A. Purpose and Intent. The purpose of this Section is to provide standards for the placement and design of wireless telecommunications facilities so as to preserve the unique visual character of the community, promote the aesthetic appearance of the community, and ensure public safety and welfare. The intent of this Section is to:

1. Encourage the location of wireless telecommunications facilities in non-residential areas, rather than residential or sensitive areas, and minimize the number of such facilities throughout the community while maintaining personal cellular and wireless coverage services without significant gaps in coverage throughout Lompoc;

2. Encourage the use of existing poles and infrastructure for the mounting of wireless telecommunications facilities rather than construction of additional new poles and infrastructure;

3. Encourage applicants for wireless telecommunications facilities to locate and design such facilities in a manner that is least intrusive to the community while still allowing carriers to provide wireless telecommunications services without significant coverage gaps in Lompoc;

4. Encourage users of wireless telecommunications facilities to configure such facilities in a way that minimizes adverse visual impact through careful design, use of stealth facilities, siting, landscape screening, and other innovative camouflaging techniques;

5. Enhance the ability of the providers of wireless telecommunication services to provide services to the community quickly, effectively, and efficiently; and

6. Regulate telecommunications facilities in a manner that is compliant with Federal, State, and local laws.

B. Applicability.

1. This Section applies to all wireless telecommunications facilities located:

a. Outside of the public right-of-way;

b. Outside City-owned properties; or

c. Not mounted upon, or occupying, City-owned support structures.

2. Facilities located in the public right-of-way shall comply with the standards and requirements contained in Chapter 12.38 (Wireless Telecommunications Facilities in the Public Right-of-Way).

3. This Chapter does not apply to the following:

a. Amateur radio facilities;

b. Over the air reception devices ("OTARD") antennas;

c. Facilities owned and operated by the City for its use; or

d. Any entity legally entitled to an exemption pursuant to State or Federal law or governing franchise agreement.

C. Permits Required.

1. Wireless telecommunications facilities shall require Architectural Design and Site Development Review approval and any other permit identified in Division 2 (Zones Allowed Uses and Development Standards) prior to installation, except that an eligible facility request that does not include a substantial change shall be approved subject to issuance of applicable ministerial permits, including Building and/or Encroachment Permits. Facilities approved under this Chapter are subject to all Federal, State, and local laws, rules, regulations, conditions, and other lawful requirements, including FCC rules and regulations, and approvals, licenses, and applicable conditions required by other City Departments. For any wireless telecommunications facilities that do not qualify as eligible facilities, requests may be referred by the Director to the Commission for review and decision, appealable to the Council.

2. Notwithstanding the definition of "substantial change" (Chapter 17.704), if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the Director and based upon reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible the Director may allow for a ground mounted cabinet.

D. Master Deployment Plans for Discretionary Approvals. The City encourages applicants to submit a single application for multiple telecommunications facilities in the form of a Master Deployment Plan.

1. For any application subject to discretionary approval, if the applicant applies for more than one approval major wireless telecommunications facilities permit, the applicant may elect to submit the multiple applications as a Master Deployment Plan.

2. A Master Deployment Plan Permit shall be deemed an approval for all wireless telecommunications facilities within the plan, provided, however, that an individual Encroachment Permit is required for each wireless telecommunications facility.

3. Any modifications from the approved Master Deployment Plan, as applicable to any single wireless telecommunications facility encompassed by the approval, shall require further entitlements, either as a substantial change subject to discretionary approval or a ministerial eligible facilities request.

4. If the applicant submits more than three applications for a discretionary wireless telecommunications permit within a 60-day period, then upon submission of the third application and for each application following within that period, the applicant shall submit a letter from the wireless service carrier identified in the application confirming:

a. The carrier is aware of the applicant's request for permits;

b. The number of applications submitted by the applicant with the 60-day period; and

c. The carrier is aware that a master deployment option is available for the project.

E. Application Requirements. An application for the approval of a wireless telecommunications facility shall include the following information, in addition to all other information required by the City. Each application for discretionary review shall be filed on a City application form, together with required fees and/or deposits, and all other information and materials required by the City's list of required application contents.

1. The name, address and telephone number of the applicant, owner and the operator of the proposed facility. Applications shall include a copy of a title report, lease, license, or other legal instrument(s) demonstrating legal access to the proposed site (including underlying real property) for the purpose of facility construction and maintenance. If the facility will be located on or in the property of someone other than the owner of the facility, the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner's property.

2. If the facility will be located on or in the property of someone other than the owner of the facility (such as a street light pole, street signal pole, utility pole, utility cabinet, vault, or cable conduit), the applicant shall provide a duly executed written authorization from the property owner(s) authorizing the placement of the facility on or in the property owner's property.

3. An application for a new facility shall include site plan(s) to scale, specifying and depicting the exact proposed location of the pole, pole diameter, antennas, accessory equipment, access or utility easements, landscaped areas, existing utilities, and adjacent land uses.

4. An application for a new facility shall include site plans with equipment data including exact transmitting frequencies, transmitter output power, effective radiated power, and duty cycle information.

5. Scaled elevation plans of proposed poles, antennas, accessory equipment, and related landscaping and stealthing devices.

a. An accurate visual impact analysis showing the maximum silhouette, view-shed analysis, color and finish palette, and proposed stealthing for the facility, including scaled photo simulations from at least three different angles.

b. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, stealthing and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

6. A coverage-needs justification study which includes the rationale for selecting the proposed use; a detailed explanation of the coverage gap that the proposed use would serve, if applicable; and how the proposed use is the least intrusive means for the applicant to provide wireless service. The study shall include all existing structures and/or alternative sites evaluated for potential installation of the proposed facility and why the alternatives are not a viable option.

7. When a new monopole is submitted for review, plans shall be provided which show a minimum of two additional sites on each monopole which would allow for future co-location of additional arrays.

8. A noise study, prepared by a qualified acoustic engineer, documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this Code.

9. A traffic control plan when the proposed installation is on any street in a non-residential zone. The City shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g. crane).

10. A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed request as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code §§ 21000—21189, the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the City reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any application.

11. Applicants for an eligible facility request shall only be required to provide documentation that is reasonably related to determining whether the request is consistent with Federal requirements for eligible facility requests.

F. Communications Consultant. In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a telecommunications consultant may be requested to determine the engineering or stealthing requirements of establishing or modifying a specific wireless telecommunications facility. This service will be provided at the applicant's expense.

G. Permit Review.

1. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn when an applicant fails to tender a substantive response within 90 days after the application is deemed incomplete in a written notice to the applicant. The Director may, in the Director's sole discretion, approve a written extension for up to an additional 30 days upon written request for an extension received prior to the 90th day. The Director may approve further written extension only for good cause, which includes circumstances outside the applicant's reasonable control.

2. Single applications for Master Deployment Plans shall be given priority in the review process while complying with all legally mandated review time periods.

3. An application shall be deemed approved if the City fails to act within the requisite time period identified in this Subsection, including for new wireless telecommunications facility applications. However, no more than 30 days before the applicable timeframe for review expires, the applicant shall provide written notice to the City of the expiration. The notice shall contain the following statement:

"Pursuant to California Government Code Section 65964.1, State law may deem the application approved in 30 days unless the City approves or denies the application, or the City and applicant reach a mutual tolling agreement."

4. Within five working days after a final decision on an application has been made, notice of the decision shall be mailed to the applicant at the address shown on the application and to all other person who have filed a written request for notice of the decision. The City shall provide the reasons for any denial either in the written decision or in some other written record available at the same time as the denial.

H. Findings. The approval of a discretionary permit for wireless telecommunications facilities shall require that the review authority first make all of the following findings, in addition to all other findings applicable to the review authority and conditions of approval required by this Chapter:

1. The wireless telecommunications facility provides a high quality design that is compatible with the site surroundings and the community;

2. The wireless telecommunication facility has been designed to minimize its visual and environmental impacts, including the utilization of stealth technology, where applicable;

3. The wireless telecommunications facility is in harmony with proposed developments on land in the general area;

4. The application conforms with the criteria set forth in any applicable City-adopted design guidelines and the compatibility standards; and

5. The applicant demonstrated that it proposed the least intrusive means to achieve its technical objectives.

I. Modifications and Expansions. A proposed expansions or modifications to wireless telecommunications facility that does not qualify as an existing facilities request or that would constitute a substantial change shall be denied and is subject to the requirements set forth in this Section for the specific type of wireless telecommunications facility proposed. A proposed expansion or modification to an eligible facility that does not include a substantial change may be approved.

J. Site Selection. Sites for telecommunications facilities shall be selected according to the following order of preference:

1. Within existing structures (e.g., church steeple, roof top stairwell or equipment enclosures, etc.).

2. Co-location facilities (i.e., locating equipment from more than one provider on a single facility).

3. In locations where existing topography, vegetation, or other structures provide the greatest amount of stealthing.

4. On parcels which will not require significant visual mitigation as determined by the Director.

K. Development Standards. A wireless telecommunications facility, including projections, shall meet the development standards for the zone in which it is located, including setbacks and height, unless otherwise specified in this Section.

1. Height. The height of a facility with a moveable or adjustable component shall be measured when actuated to its most vertical position (i.e., measured to the top of its highest potential position).

2. Setbacks, attached facilities. An attached facility antenna array may extend horizontally up to five feet beyond the edge of the attachment structure regardless of setback requirements, provided that the antenna array does not encroach over an adjoining parcel or public right-of-way.

3. Separation from off-site uses/designated areas. Separation requirements for wireless towers shall comply with the minimum standards established in Table 17.404.220.A (Requirements for Separation from Off-Site Uses/Designated Areas). Wireless tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated area.

Table 17.404.220.A: Requirements for Separation from Off-Site Uses/Designated Areas
Off-Site Use or Designated Area	Minimum Separation Distance from Base of Tower
Existing single-family, duplex, or multi-family residential units, or vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which has not yet expired1	200 feet or 3 times the height of the tower, whichever is greater3
Vacant subdividable residential land2	100 feet or the height of the tower, whichever is greater3
Non-residentially zoned lands or non-residential uses	None; only setbacks apply

Notes:
1	Includes modular homes, accessory dwelling units, and mobile homes used for living purposes.
2	Includes unsubdivided parcels within residential zones without an approved tentative map.
3	Facilities may be located on residential structures; minimum separation distances shall be provided to off-site uses and designated areas.

4. Separation between towers. The minimum separation between towers shall be at least 100 feet, unless engineering calculations are submitted which show that the separation can safely be reduced. At no time shall the minimum separation between towers be less than 10 feet or the minimum dimension necessary for the maintenance of the facility.

L. Federal, State, and Local Laws. All wireless telecommunications facilities, including those not requiring a planning permit, shall comply with all applicable requirements of Federal, State, and local laws.

M. Avoidance of Airport Interference. Facilities shall not be sited where they will interfere with the operation of the Lompoc Airport.

N. Radio Frequency Radiation (RFR). Facilities shall not result in human exposure to RFR exceeding the standards for permissible human exposure to RFR as adopted by the Federal Communications Commission (FCC).

O. Noise. Facilities shall comply with applicable City noise standards.

P. Lighting. Facilities may be lighted consistent with Subsection 17.304.090.G (Lighting), and such lighting shall be the minimum necessary for safety purposes and shall not be used except as needed (e.g., when maintenance or safety personnel are present at night).

Q. Anti-Graffiti. All ground-mounted equipment shall be covered with a clear anti-graffiti type material of a type approved by the Director or shall be adequately secured to prevent graffiti.

R. Roads and Access. Facilities shall be served by the minimum number and size of roads and parking areas necessary to comply with the following.

1. Whenever feasible, existing roads and parking areas shall be used to access and service new facilities.

2. Access roads and parking areas shall be shared with other facilities and/or permitted uses, whenever possible.

3. When necessary, new facilities constructed in undeveloped areas shall provide access roads with the minimum width and surfacing necessary to meet fire safety access requirements.

4. Parking areas shall be limited to the minimum size necessary to accommodate parking and turnarounds for facility maintenance vehicles.

S. Screening and Landscaping. Facilities shall comply with standards for landscaping and screening (Chapter 17.312) and tree protection (Section 17.304.100) in addition to the following:

1. All equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Facilities shall be located within structures, underground, or in areas where substantial screening by existing structures or vegetation can be achieved.

2. Additional new vegetation or other screening may be required by the review authority to comply with required permit finding or this Section.

3. The smallest and least visible antennas possible shall be used to accomplish the owner/operator's coverage objectives.

T. Visual Compatibility. Facilities and equipment shall be sited, designed, and screened to blend with the surrounding natural or built environment in order to reduce visual impacts to the maximum extent feasible. Visual compatibility shall be accomplished through the following measures.

1. Wireless telecommunications facilities shall have a non-reflective finish and shall be painted or otherwise treated to match or blend with the primary background. This includes, but is not limited to, the following:

a. Building-mounted facilities shall blend into or appear to be an integral part of the structure, or to otherwise minimize their appearance.

b. Wall-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible and should be located entirely within an existing or newly created architectural feature so as to be completely screened from view.

c. Roof-mounted antennas and associated equipment shall be located as far from the edge of the roof as possible, to minimize visibility from street level, and should be located adjacent to existing rooftop antennas or equipment, incorporated into rooftop antenna or equipment enclosures, or otherwise screened from view. Where appropriate, construction of a rooftop parapet wall to hide the facility may be required.

d. Whenever possible, base stations, equipment cabinets, backup generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope or underground. If this is not feasible, the equipment shall be painted, screened, fenced, landscaped or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environments. Equipment buildings should be architecturally designed and constructed of exterior building materials that are consistent with the surrounding development and/or land use setting.

e. In certain undeveloped or hillside locations that generally will be viewed from a distance, it is appropriate to design facilities to resemble a natural feature (e.g., tree or rock outcrop). Other innovative design solutions are appropriate where the screening potential of a site is low (e.g., disguise facility as landscape element, public art, etc.). Landscaping in these areas shall be native and consistent with the surrounding vegetation.

2. Facilities shall not be located on historic structure or Landmark unless it can be shown that their location or removal will not damage the historic or architecturally significant elements of the structure in any way.

3. No advertising, display, or graphic is allowed on any wireless telecommunications facility. A manufacturer's identification label and/or any government required identification or safety labels or signs may be affixed to a facility or site in a discrete manner as feasible.

U. Undergrounding Required. All power lines and electrical and antenna wiring shall be placed underground whenever technically feasible, the burden of proving shall be the responsibility of the applicant.

V. Contact and Site Information. The owner or operator of any wireless telecommunications facility shall submit and maintain current at all times basic contact and site information for both the facility and the underlying real property. The Director shall be notified by the owner or operator within 30 days of any change, including change of the name or legal status of the facility/site owner or operator.

W. Maintenance. Wireless telecommunications facilities, including all accessory equipment and fencing shall be maintained at all times, including, but not limited to, painting and cleaning.

X. Duration of Approval—Renewal. Approval terminates upon the expiration of 10 years from the approval. A permittee shall submit any application to renew a permit approved under this Chapter to the City between 365 days and 180 days prior to the expiration of the current permit or approval. The application shall include all information, materials, fees, and deposits required for a new application under this Chapter. The City shall review an application for renewal in accordance with then-current standards for new facilities (excepting for eligible facilities requests). The City may, but is not obligated to, temporarily extend the permit term to allow sufficient time to review a timely submitted renewal application.

Y. State and Federal Law Preemptions. The Council recognizes that Federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The Council finds that, due to wide variation among wireless telecommunications facilities, technical service objectives (coverage needs), and changed circumstances over time, a limited exemption for proposals in which strict compliance with this Section would effectively prohibit personal wireless services serves the public interest. In the event it is determined by the City Attorney that State or Federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, such requirement shall be deemed severable and all remaining regulations shall remain in full force and effect. Therefore, in the event that any applicant asserts that strict compliance with any provision in this Section, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the applicable review authority may grant a limited, one-time exemption from strict compliance subject to the provisions in this Section.

(Ord. 1670(19) § 11; Ord. 1679(21) § 11)