Chapter 17.430 Standards for Specific Land Uses

Far or density.

Limits on outdoor storage.

Screening from public rights-of-way.

Age restrictions.

14.

Limitation on entertainment.

15.

Pedestrian connectivity.

16.

Parking.

(Ord. 24-13, 10/1/2024)

§ 17.430.040 Alcohol Sales.

This section provides standards for the establishment and operation of establishments that sell alcoholic beverages for on-site or off-site consumption, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Applicability. No person, association, partnership, or corporation shall conduct, establish or advertise any alcoholic beverage sales use in the City of San Jacinto without first applying for and obtaining the required permit in accordance with the applicable zoning regulations of Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and this Section 17.430.040 (Alcohol Sales).

Exemptions. The following activities are exempt from the requirements of this section:

Any "special event" for which a permit has been issued by the City, if the application information for the special event indicates that the sale and/or service of alcoholic beverages will occur and all necessary permits from the Department of Alcoholic and Beverage Control (ABC) have been obtained.

Any social gathering within a private residence or business that is not required to be licensed for alcohol sales or services in accordance with the California Alcohol Beverage Control Act.

Alcohol beverage sales permit requirements.

Off-sale. Any establishment, business or facility that proposes to engage in the off-sale of alcoholic beverages shall obtain a conditional use permit pursuant to Chapter 17.605 (Conditional Use Permits and Minor Use Permits), except for the following uses:

Establishments that do not propose to sell alcohol as their principal business and that contain 10,000 square feet or more of gross floor area.

Florist shops that propose the incidental sale of wine along with gift or floral baskets.

On-sale. Any establishment, business or facility that proposes to engage in the on-sale of alcoholic beverages shall obtain a minor use permit pursuant to Chapter 17.605 (Conditional Use Permtis and Minor Use Permits), except for the following uses:

Bona fide easting establishment with an ABC type 23, 41, 47 or 49 license subject to the following:

The premises contains a kitchen or food-servicing area in which a variety of food is prepared and cooked.

The primary use of the premises is for sit-down food service to patrons.

§ 17.430.060 Animal Sales and Services.

The premises serves food to patrons during all hours the establishment is open for customers.

iv.

If there is a separate area primarily intended for the consumption of alcoholic beverages, it does not constitute more than 30% of the public access floor area.

The premises is defined as a "bona fide public eating place" by the State of California Department of Alcoholic Beverage Control.

vi.

Any outdoor dining or gather space shall not located within 100 feet of any existing residential dwelling or property zoned for residential use. This provision shall not apply to residential uses that are a part of a mixed-use zone or mixed use project.

On-site tasting for business exempted from a conditional use permit under Subsection B.1 above.

The following changes in an ABC license shall require the processing of a new, or revised, conditional use permit or minor use permit, unless exempted in Subsection B.1 or 2 above:

Any upgrade in the type of existing ABC license (e.g., an upgrade from sale of beer and wine to sale of spirits, etc.).

Any increase in the floor area devoted to alcohol sales in an ABC licensed establishment.

Any change in operating conditions from what was originally imposed by the City or ABC, including any change of hours of operation or entertainment.

A request to establish live entertainment or dancing in an ABC licensed establishment.

Any ABC licensed establishment that has its license revoked, suspended or surrenders its license to ABC or discontinues use of the license for 30 days or has its conditional use permit, or minor use permit revoked.

Development standards. The following standards shall apply to establishments that sell alcoholic beverages for on-site or off-site consumption:

Off-sale minimum separation distances. Establishments shall be located a minimum distance of:

600 feet away from a public or private school (preschool through 12th grade), place of worship, public park, youth facility, or other similar use, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the school, place of worship, or park property.

100 feet away from an existing residential dwelling or property zoned for residential uses, except for mixed-use projects and projects located in the Downtown Village Zone, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the residential property.

100 feet away from a pool hall/billiard parlor, if alcoholic beverages are sold for on-site consumption in compliance with Municipal Code Section 5.36.050 (Serving of alcoholic beverages restricted).

On-sale minimum separation distances. Establishments shall be located a minimum distance of:

600 feet away from a public or private school (preschool thru 12th grade), place of worship, public park, youth facility, or other similar use, except for mixed-use projects and projects located in the Downtown Village Zone, as measured from any point upon the exterior walls of the structure or the leased space containing the business to the nearest property line of the school, place of worship, or park property.

100 feet away from an existing residential dwelling or property zoned for residential uses, except for mixed-use projects and projects located in the Downtown Village Zone, for any outdoor dining area as measured from the outdoor area to the nearest property line of the residential property. The Director may reduce this requirement with approval of a minor use permit.

Development standards for all alcohol sales.

The business shall be in a location that is fully visible from a public street with an unobstructed view from the public street for public safety.

The business shall have lighting to provide illumination for security and safety of parking and access areas at no less than one foot-candle of lighting at ground level. On-site lighting plans shall be submitted for review and approval by the City.

The premises on which the business is located shall be posted to indicate that it is unlawful for any person to drink or consume any alcoholic beverage in any public place or posted premises.

All requirements of Chapter 9.24 [Consumption of Tobacco, Alcohol, Alcoholic Beverages and Cannabis by Persons Under the Age of Eighteen (18) Years] shall be maintained.

The management at each location selling alcoholic beverages for 0ff-site consumption pursuant to this section shall be responsible for educating the public regarding drunk driving laws and the related penalties for breaking those laws (this includes minimum age law, open container law and driving while intoxicated law.). This can be accomplished by posting prominent signs, decals or brochures at the point of purchase and providing adequate training of employees.

Within forty-eight (48) hours of any graffiti being painted or marked upon the premises or on any adjacent area under the control of the permittee, the permittee shall report the graffiti to the San Jacinto Code Enforcement Department and remove or paint over the graffiti.

There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages.

There shall be no interior displays of alcoholic beverages or signs promoting alcohol sales, which are clearly visible to the exterior. No more than 25% of the square footage of each of the windows and clear doors of an establishment selling alcohol for the off-site consumption shall bear advertising or signs of any sort, and all advertising and signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance to the premises.

The permittee shall remove litter from the premises, public sidewalks and parking lots daily, and shall keep the areas swept weekly to prevent debris buildup. Trash cans shall be added and "No Littering" signs shall be posted on the premises.

Loitering is prohibited on or around the premises. "No Loitering" signs (size and location to be determined by the City) are required.

The business shall comply with all ABC requirements regarding the minimum age to sell, serve, or dispense alcoholic beverages.

The owner and management of each establishment selling alcoholic beverages shall provide ABC approved and/or certified training for all employees who sell or serve alcoholic beverages at the first available opportunity or no later than 30 days from the employee's date of employment.

The permittee shall maintain records which reflect separately the gross sale of alcoholic beverages and the gross sales of all other products of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the police department within five business days following notice.

Sales of alcoholic beverages shall be prohibited from a drive-thru lane or drive-thru window.

Variances. The review authority may approve a variance from the development standards in Subsection D, above. Requests for a variance shall increase the notice of public hearing requirements in Section 17.710.030 (Notice of Hearing) from a 300-foot radius to a 1,000-foot radius from the exterior boundaries of the subject property.

Permit conditions. In approving a minor use permit or conditional use permit to establish a use selling alcoholic beverages, the review authority may impose conditions (e.g., security and safety measures, lighting, noise buffers, parking, etc.) on the use to ensure that it operates in a manner that provides adequate protection of the public health, safety, and general welfare.

Transfer of conditional use permits and minor use permits. No conditional use permit or minor use permit may be transferred from one property, address, location or business to another.

Findings. In determining whether to approve a minor use permit or conditional use permit application for alcoholic beverage sales and the conditions to impose on the use, the review authority shall first make all the following findings in addition to the findings required in Section 17.605.060 (Findings and Decision):

The proposed use will not be detrimental to surrounding properties and neighborhoods including ensuring that the use does not contribute to loitering, public drunkenness, noise, obstructing pedestrian and vehicular traffic, parking, crime, interference with pedestrian corridors used by children, defacement and damage to structures;

The proposed use will not adversely impact the suitability of adjacent commercially zoned properties for commercial uses;

The proposed use will not adversely affect the welfare of residents in the area or result in an undue concentration in the neighborhood of establishments dispensing alcoholic beverages, including beer and wine. For purposes of this subsection, "undue concentration" shall be as defined in Business and Professions Code Section 23958.4; and

Notwithstanding Subsection H.3 above, the review authority may approve a conditional use permit despite an undue concentration of establishments dispensing alcoholic beverages, as defined in Business and Professions Code Section 23958.4, if the review authority first finds that the public convenience and necessity would be served by the issuance of the conditional use permit and the use otherwise meets the remaining findings of this subsection.

Public convenience or necessity (PCorN). Where the Department of Alcoholic Beverage Control (ABC) determines that an area has an over concentration of alcoholic beverage licenses and/or a higher than average crime rate ABC may deny an application for alcohol sales unless the City's Review Authority makes a determination that public convenience or necessity will be served by the proposed project.

Findings. A determination of public convenience shall be based upon the following findings:

The public convenience would be served by the establishment of the proposed use.

The proposed use is not anticipated to be the source of nuisance behavior associated with excessive consumption of alcoholic beverages.

The proposed use would not be detrimental to the public health, safety, or welfare.

The proposed use would not increase the severity of existing law enforcement or public nuisance problems in the surrounding area.

The proposed use is consistent with the objectives, policies, general land uses, and programs of the General Plan, and any applicable specific plan.

Criteria for consideration. The following criteria shall be considered in making the required findings for PCorN:

The proximity (within 600 feet) to sensitive receptors, such as a K-12 public or private school and/or public park.

The nature of the proposed use and its relation to the surrounding community.

Any evidence or testimony provided by the City Police Department (including, but not limited to, site specific neighborhood analysis of calls for service) which indicates that the use would pose a detriment to the immediate neighborhood or continue current law enforcement problems.

(Ord. 24-13, 10/1/2024)

§ 17.430.050 Animal Keeping.

This section provides standards for animal keeping. These provisions are intended to ensure that animal keeping activities do not adversely impact adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

Pre-existing uses. A legally established animal keeping use that becomes nonconforming upon adoption of this section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).

Allowable animal keeping uses and permit requirements.

Limitations on activities and permit requirements. Animal keeping uses allowed in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) shall comply with the limitations and standards indicated in Table 4-5 (Animal Keeping Standards) and with other requirements of this section, this Development Code, and the Municipal Code. Regulations for temporary events involving animals (e.g., circuses, pony rides, rodeos, etc.) are provided in Chapter 17.640 (Temporary Use and Special Event Permits).

Table 4-5 Animal Keeping Standards
Type of Animal or Facility	Maximum # of Animals per Site⁽¹⁾	Minimum Parcel Size⁽²⁾	Minimum Setback from Property Lines⁽³⁾	Zones Where Allowed	Required Permit⁽⁴⁾
See definition of Animal Keeping in Article 8 (Definitions).	Maximum # of Animals per Site⁽¹⁾	Minimum Parcel Size⁽²⁾	Minimum Setback from Property Lines⁽³⁾	Zones Where Allowed	Required Permit⁽⁴⁾
Aquariums	Unlimited	None	None	All	P
Beekeeping (Apiaries)	See Municipal Code Chapter 8.12 (Beekeeping) and Subsection E (Beekeeping), below.			RE RR	MUP
Cats or Dogs	Any combination of four cats and/or dogs over the age of four months	None	None	RE RR RL RM RH RVH MU MU-E DV	P
Small household pets (e.g., birds, domesticated rodents, nonpoisonous reptiles and snakes, etc.)	Any combination totaling 10	None	None	All	P
Pot-bellied pigs	One⁽⁵⁾	20,000 sq. ft.	None	RE RR RL RM RH RVH MU MU-E DV	P
Chinchilla, hamsters, guinea pigs, and similar small animals — Commercial	100 per acre	20,000 sq. ft.	50 ft.	RE RR	P
	100 per acre	20,000 sq. ft.	50 ft.	IL	MUP
Kennels — Noncommercial	5 and over, as determined by MUP	20,000 sq. ft.	50 ft.	RE RR	MUP
Kennels, catteries, animal shelters, and dog and cat breeding facilities - Commercial	5 and over, as determined by MUP	20,000 sq. ft.	50 ft. from the nearest residence	IL	MUP
Stables, Riding School — Commercial	1 horse per each 500 sq. ft.	2 acres	50 ft.	RE	MUP
Horses, cows, bison, and similar sized animals - Noncommercial	4 per acre	20,000 sq. ft.	50 ft.	RE RR RL	P
Livestock and Dairy Operations	See Section 17.305.040 [Agricultural Preservation (Right-To-Farm)] and Chapter 17.705 (Nonconforming Parcels, Structures and Uses).
Sheep, goats, and similar sized animals (not including males of any species; or any hogs/swine of either gender, which are prohibited) - Noncommercial	Two per 20,000 sq. ft. up to 4 total on 1 acre	20,000 sq. ft.	50 ft.	RE RR RL	P
	2 per each additional acre	1 acre	50 ft.	RE RR	P
Grazing (sheep only) to clear stubble or unharvested crops	No limit per acre	None	None	RE	P/TUP (6)
Pigeons (of the order columbae) (Aviaries) — Commercial	50 birds per acre	20,000 sq. ft.	50 ft.	RE	MUP
Pigeons (of the order columbae) (Aviaries) — Noncommercial	None	20,000 sq. ft.	50 ft. from dwelling unit of bird owner; 150 ft. from other dwelling units	RE RR	P
Noncommercial — Poultry, fowl (not including roosters or cockerels, which are prohibited)	4 per lot	7,200 sq. ft.	10 ft.	RL	P
Poultry, fowl (not including roosters or cockerels, which are prohibited)	100 per acre	20,000 sq. ft.	50 ft.	RE RR	P
Worm farms, Worm composting, fish farms, and similar uses	Determined by MUP	1 acre	50 ft.	RE RR	MUP
Wild animals	See Section 17.430.050H (Wild animals), below.			RE RR	CUP

Notes:
(1)	Offspring in addition to maximum number shall be allowed until market-ready, if commercial operation, or until four months of age, if noncommercial operation.
(2)	Minimum parcel area required for the keeping of animals.
(3)	Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front setback, except in pasture areas.
(4)	P = Allowed without a land use permit CUP = Conditional use permit required (Chapter 17.605) MUP = Minor use permit required (Chapter 17.605)
(5)	Registered through appropriate breeding organization (sus scrofa). Maximum size shall be no higher than 16" at the shoulder and no longer than 30" from the tip of the head to the end of the buttocks. Maximum weight of 80 pounds. Any pot-bellied pig larger than these standards shall be considered to be hogs/swine subject to restrictions of Municipal Code Chapter 6.04 (General Provisions).
(6)	Not more than 30 days in any 6-month period. A temporary use permit is required for a longer period or for more frequent grazing episodes.

Permit conditions. Where Table 4-5 (Animal Keeping Standards) requires a minor use permit or a conditional use permit, the review authority shall evaluate how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area for animal keeping on the site will be adequate to allow compliance with the other standards of this section without unreasonable effort on the part of the animal manager. In approving a minor use permit or conditional use permit, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

Maintenance and operational standards applicable to all animal keeping. Animal keeping shall comply with all the following maintenance and operational standards and the requirements of Titles 6 and 8 of the Municipal Code.

Odor and vector control. Animal enclosures (e.g., pens, coops, cages, feed areas, etc.) shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Manure shall not be allowed to accumulate within setback areas. Each site shall be continually maintained in a neat and sanitary manner.

Containment. Animals shall be effectively contained on the site and shall not be allowed to run at large on public or private property owned by another without the written permission of the property owner.

Dogs shall be kept exclusively upon the premises, confined by means of a lawful fence, however, a dog may be off the premises if it is under the restraint of a competent person and restrained by a leash. "Lawful fence" means any barrier or other structure which is sufficiently strong and durable to securely enclose the animal(s) intended to be kept.

Dog owners shall securely confine their female dogs while in season (estrus) within an enclosure in a manner that will prevent the attraction of male dogs to the immediate vicinity.

Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall first require approval by the Director of a plan to protect the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the Director.

Erosion and sedimentation control. An animal keeping operation shall not produce sedimentation on a public right-of-way, adjoining property, or in a drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

Noise control. Animal keeping shall comply with Section 17.300.060 (Noise), Municipal Code Chapter 6.04 (General Provisions), and Municipal Code Chapter 8.40 (Noise Control).

Nuisance. The keeping of an animal in the following circumstances shall be considered a public nuisance subject to abatement in compliance with Municipal Code Chapter 8.44 (Nuisances), including summary abatement (e.g., impoundment of the animal(s), immediate closure of the kennel, etc.):

In a zone, other than where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards); or

In conditions that are unsafe, unsanitary, or hazardous to animal or public health, safety, or welfare.

Animal husbandry project exception. The keeping or raising of a calf, horse, goat, sheep, hog, chicken, rabbit, bird or other animals for the purposes of a 4-H or Future Farmers of America (FFA) project shall be allowed without a land use permit or a permit from the Animal Control Officer, provided that the project complies with all of the following requirements:

Minimum site area. A minimum of one-half acre of site area shall be required for the keeping of horses, cows, or other large animals.

Setback requirements. The project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any dwelling other than on the project site; except that a hog or swine shall not be located closer than 100 feet from any dwelling other than on the project site.

Maximum number of animals. The number of animals shall comply with the limitations in Subsection B, above.

Maintenance. The animal keeping shall comply with all standards in Subsection C, above.

Beekeeping. In addition to the requirements in Subsections B and C., above, and in Municipal Code Chapter 8.12 (Beekeeping), a hive or box for the keeping of bees shall be allowed in the following locations, provided that the bees are not allowed to fly at large:

Within a school for the purpose of study or observation.

In a laboratory for medical research or treatment or for scientific purposes.

Kennels. In addition to the requirements in Subsections B and C, above, each kennel and other small animal boarding facility shall comply with the following standards:

Enclosure within building. Animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

Management. A manager of the facility shall be present on the site at all times.

License. A kennel operator shall obtain a license from the Animal Control Officer in compliance with Municipal Code Chapter 6.04 (General Provisions). As a condition of the issuance of a kennel license, an operator shall agree to allow inspections required by Subsection F.7 below. Acknowledgement of the agreement shall be made part of the license application and file.

Increase in number of animals. A proposed increase in the number of animals in a licensed kennel shall require an amendment to the minor use permit. Any increased fee shall be prorated for the remainder of the year.

Containment of cats. Cats shall be kept indoors or within a fully enclosed, covered structure or enclosed run at all times.

Vaccinations. A kennel operator shall not be required to obtain an individual license for each dog in the kennel for which the kennel license is obtained; however, a kennel operator shall ensure that each dog in the kennel is vaccinated as required by state law.

Inspections. Reasonable inspections by the Animal Control Officer shall be completed at intervals determined at the Officer's discretion.

Other municipal regulations. A kennel owner and operator shall comply with the requirements in Municipal Code Chapter 6.04 (General Provisions).

Homing/racing pigeons. In addition to the requirements in Municipal Code Chapter 6.04 (General Provisions), the following shall apply:

Numbers of birds and flights. The review authority may limit features and activities associated with the keeping of homing/racing pigeons as follows:

The maximum number of allowed pigeons indicated in Table 4-5 (Animal Keeping Standards) may be reduced, depending on the parcel size, the number of dwelling units on a parcel, or the nature of surrounding uses.

The maximum number of pigeons allowed to be released per flight, number of flights per twenty-four-hour period, and allowed times of flights shall be specified as conditions to any permit.

Enclosure requirements.

Pigeons shall be kept and fed in an enclosed structure not to exceed eight feet in height. If the structure is greater than 120 square feet in size, a building permit shall be required.

Pigeon enclosures shall be located on the rear one-third of the property, at a distance no less than 50 feet from the dwelling of the owner of the pigeon enclosure and 150 feet from other habitable dwellings on adjacent properties. A fully-dimensioned site plan shall be submitted with the permit application materials. The site plan shall illustrate the location of the loft, other uses associated with the keeping of pigeons, and the loft's relation to side and rear lot lines and adjacent dwellings.

Maintenance and cleaning requirements.

Structures where pigeons are housed shall be kept and maintained in a sanitary condition. Refuse and droppings shall be removed from the premises at least once each calendar week.

The keeper of the pigeons shall maintain the property and all features of the property, including roofs, driveways, and walkways, in a clean manner with no visible pigeon droppings.

Landing on adjacent structures or property prohibited. Pigeons shall not be allowed to land or perch on the structures or property of others.

Commercial breeding prohibited. Pigeon business or breeding activities for commercial purposes shall not be conducted on or from the premises or property.

Membership in pigeon racing organization. The pigeon owner shall be a member of the California State Racing Pigeon Association, the American Racing Pigeon Union, Inc., or other equivalent recognized pigeon racing organization with annual registration by licensee of the individual birds. Written proof of annual registration shall be provided annually to the Department.

Noncommercial -- poultry, fowl. In addition to the standards of this section, the keeping of noncommercial poultry, fowl on lots less than 20,000 square feet shall comply with the standards listed below:

Containment. Poultry, fowl shall be kept within a coop, most often designed with nest boxes for egg-laying and perches on which the birds can sleep.

Design. The coop shall be designed and constructed such that the poultry, fowl are securely contained. The coop shall be designed with materials such as hardware cloth or poultry wire that will prohibit predators yet allow the flow of air. The coops may also be a chicken tractor which allows free ranging along with shelter, allowing chickens fresh forage such as grass, weeds and bugs (although these will quickly be stripped away if the tractor remains in the same place for too long), which widens their diet and lowers their feed needs. Unlike fixed coops, chicken tractors do not have floors so there is no need to clean them out.

Height limit. The coop shall have a maximum height of six feet.

Maintenance. The coop shall be maintained in a clean and sanitary condition. All feed and other items associated with poultry, fowl keeping shall be kept in secured containers to minimize contact with rodents.

Noise. Poultry, fowl shall not produce continuous excessive noise causing unreasonable disturbance to residents of adjacent properties, pursuant to the standards of Chapter 8.40 - Noise Control of the Municipal Code.

Setback requirements. Coops shall be confined to the rear and interior side yards with the minimum setbacks as listed below; greater distances are encouraged where practicable.

Minimum of 10 feet from rear and side property lines.

Minimum of 10 feet from any habitable structure including those on the subject property.

Slaughter. No poultry, fowl shall be slaughtered on any developed lot used exclusively for residential purposes.

Eggs. Eggs produced by poultry, fowl permitted pursuant to this section are for personal use only and may not be sold commercially.

Covenants, conditions, or restrictions (CC&Rs). The regulations of this section do not supersede any covenants, conditions or restrictions established by a homeowner's association.

Worm farms and worm composting. In addition to the standards of this section, worm farms and worm composting shall comply with the standards listed below:

Definitions. For the purposes of this section the following definitions apply:

Worm Farms.

The growing of earthworms for commercial or noncommercial purposes in worm beds or other delineated areas of structures such as sunshades and packing shades that are utilized in the operation of a worm farm.

Worm Composting.

The use of worms to recycle food scraps and other organic material into a valuable soil amendment called vermicompost, or worm compost.

Wholesale use only. Worm farming and composting shall be for wholesale use only.

Area of farming or composting. The area devoted to the farming or composting activity shall not exceed 64 square feet.

Setbacks. All worm farms and composting areas shall be kept at least 50 feet away from all habitable dwellings, including those on the subject property.

Height. The maximum height of any worm bed shall be two feet and all other structures shall conform to the requirements for accessory structures.

Maintenance. Worm farms and worm composting facilities shall be maintained in a clean and sanitary condition.

Wild animals. In addition to the requirements in Subsections B and C, above, the keeping of wild animals shall comply with the following standards and those standards in Municipal Code Chapter 6.04 (General Provisions):

Applicable federal, state, and local regulations. The keeping of wild animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, and the Riverside County Agricultural Commissioner, in addition to any City approval required by this section.

Confinement. The animal(s) shall be kept in cage(s) or enclosure(s) of a recommended size and type of construction that allows reasonable freedom of movement for the animal(s) but that confines the animal(s) to preclude the possibility of escape. The animal(s) shall be kept in a manner that does not threaten or annoy any person of normal sensitivity.

Maintenance. The cage(s) or enclosure(s) shall be kept in a clean and sanitary condition at all times. The animal(s) shall be provided with adequate food, water, shelter, and veterinary care.

Public safety. Adequate safeguards to prevent unauthorized access to the animal(s) and to preserve animal and public health, safety, and welfare shall be provided. In the event of animal escape, the owner shall immediately notify the Animal Control Officer or Police Department and make every reasonable effort to recapture the animal(s).

Inspections. Reasonable inspections by the Animal Control Officer may be completed at intervals determined at the Officer's discretion.

Liability and costs. The owner of any wild animal shall be liable for any injury or any damage to private or public property caused by the animal(s) and shall reimburse the City for all costs incurred in enforcing this section when a violation is found.

Location and transportation. A wild animal shall be transported in an escape-proof enclosure to/from the animal owner's property, unless otherwise authorized by the Animal Control Officer.

(Ord. 24-13, 10/1/2024)

This section provides standards for various animal sales and services establishments for the purpose of protecting residents from any potentially adverse effects caused by the animals. The keeping of animals may also be subject to the requirements of Section 17.430.050 (Animal Keeping).

Accessory boarding/training. See definition in Article 8 (Definitions) and Subsection C, below. For kennels, see Section 17.430.050 (Animal Keeping).

Animal boarding/training. Animal boarding and training shall be entirely enclosed, soundproofed and air conditioned, except for small outdoor exercise and relief areas. Specific areas, hours, and other operational requirements may be established by the approval authority in consideration of a minor use permit.

Animal grooming. Animal grooming facilities shall be entirely enclosed, soundproofed, and air-conditioned. Boarding of animals, outside runs or cages, outside trash containers, and offensive odors shall be prohibited.

Animal hospitals/clinics. Animal hospitals/clinics shall be entirely enclosed, soundproofed, and air-conditioned. Outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Animal cremation shall be prohibited. Grooming activities shall be incidental to the hospital/clinic use. Temporary boarding of animals during their convalescence shall be allowed; all other boarding shall be prohibited.

Animal retail sales. Animal retail sales establishments shall be entirely enclosed soundproofed, and air-conditioned. Boarding of animals not offered for sale, outside runs or cages, outside trash containers, and offensive odors shall be prohibited. Grooming activities shall be incidental to the retail use.

(Ord. 24-13, 10/1/2024)

§ 17.430.070 Arcades.

This section establishes standards for the establishment and operation of arcades, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Separation. Arcades shall be located a minimum of 250 feet away from any school, park, playground, liquor store, bar, places of public assembly, or residential zone boundary.

(Ord. 24-13, 10/1/2024)

§ 17.430.080 Automated Teller Machines (ATMs).

Where allowed. ATM facilities may be located:

On public streets; and

At alley entries, so long as within 50 feet of the nearest public street.

Development standards for ATM facilities. ATM facilities shall be installed and maintained in compliance with the following standards:

Privacy area required.

In order to provide an appropriate level of privacy and to reduce the potential for blocking the sidewalk, a five-foot-deep privacy area shall be provided in front of the ATM. This would require an ATM to be set back in an alcove when located adjacent to the public sidewalk; and

The Director may reduce the privacy area down to three feet, while still meeting the intent identified in Subsection B.1.a, above.

Review for impact on pedestrian and traffic circulation required. The Director shall review and approve each proposed location to determine if parking can be accommodated at the proposed site and if the ATM would likely have a major impact on pedestrian and traffic circulation in the immediate area;

Lighting plan required. A lighting plan will be required with the intent to ensure that adequate lighting is provided;

ATM to be handicap accessible. The ATM shall be handicap accessible;

Trash receptacle required. A trash receptacle shall be immediately accessible to the ATM;

Appearance following removal. At the time that the ATM is removed, the structure's façade shall have a finished appearance consistent with the existing structure; and

Drive thru ATM facilities. For drive thru providing ATM services, a minimum of three tandem queuing spaces shall be provided, inclusive of the vehicle being served.

(Ord. 24-13, 10/1/2024)

§ 17.430.090 Bed and Breakfast Inns.

This section establishes standards for the establishment and operation of bed-and-breakfast inns, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Operational standards.

Length of stay. No guest may occupy accommodations in the bed-and-breakfast inn for more than 14 days in any three-month period.

Meals. Serving of meals shall be limited to registered guests only.

Resident/operator occupancy. Bed-and-breakfast inns shall be operated by a property owner or manager living on the premises.

Incidental sales. Incidental sales of goods and services to registered guests only shall be allowed.

Design and development standards.

Zone requirements. Bed-and-breakfast inns shall be subject to the requirements of the zone in which they are located.

Number of guest rooms. In residential zones, a maximum of three guest rooms for each inn shall be allowed. The review authority may further limit the number of guest rooms to ensure preservation of the neighborhood's residential character. In nonresidential zones, a maximum of eight guest rooms for each inn shall be allowed.

Fencing. Fencing shall comply with Chapter 17.315 (Fences, Walls, and Hedges).

Kitchen facilities. Kitchen facilities shall be prohibited within the individual guest bedrooms/suites.

Refuse disposal. Refuse collection areas shall be clearly designated. Areas shall be clearly accessible for pick-up and shall be screened from public view with solid walls and landscape materials, subject to the approval of the Director.

Signs.

Residential zones. Signs in residential zones shall be limited to one sign no larger than four square feet identifying the name of the establishment. The Director may approve an increase in the sign area up to a maximum of six square feet, if it is found that the sign will not adversely impact the residential character of the neighborhood. No internally illuminated or luminous tube signs shall be allowed. The maximum height of the sign shall not exceed six feet.

Nonresidential zones. Signs shall comply with Chapter 17.335 (Sign Regulations).

Other licenses and permits. Bed-and-breakfast inn operators shall obtain the following licenses and permits from the City:

Transient occupancy registration certificate. Transient occupancy registration certificate in compliance with Municipal Code Chapter 3.20 (Uniform Transient Occupancy Tax).

Business license. Business license in compliance with Municipal Code Chapter 5.04 (Business Licenses Generally).

(Ord. 24-13, 10/1/2024)

§ 17.430.100 Cargo Containers.

This section establishes standards for the establishment and operation of cargo containers, where they are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Residential zones. Cargo containers shall be subject to approval of a Site Plan and Design Review in compliance with Table 6-2 (Review Authority for Site Plan and Design Review) and Chapter 17.630 (Site Plan and Design Review) and the following:

Roof overhangs and pitches shall be in character with the overhangs and pitches that a commonly used in accessory structures in the immediate neighborhood.

The exterior shall be painted a solid, flat nonreflective neutral color that matches as closely as possible with the surrounding buildings or environment.

All signage shall be removed.

The cargo container shall be screened from adjacent properties, parks, trails, and rights-of-way. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind buildings

Commercial and office zones. Temporary cargo containers in commercial and office zones shall comply with the standards in Table 2-7 (Development Standards for Commercial and Office Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.). Permanent cargo containers are prohibited.

Industrial zones. Temporary and permanent cargo containers in industrial zones shall comply with the standards in Table 2-9 (Development Standards for Industrial Zones) that apply to primary structures (e.g., height, setbacks, site coverage, etc.), subject to the following:

Screening. Cargo containers shall be screened from view from public rights-of-way in compliance with Section 17.305.110 (Screening and Buffering);

Parking. The area of the cargo container shall be included in determining the parking requirements for the primary use in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards); and

Modifications. A modification to an approved temporary or permanent cargo container or the permanent attachment of a cargo container to the ground shall be subject to the requirements of this Development Code, the Municipal Code, and the California Building Code.

(Ord. 24-13, 10/1/2024)

§ 17.430.110 Community Care Facilities.

This section provides standards for the establishment and operation of community care facilities. For standards relating to child day care facilities, see Section 17.430.150 (Day Care Facilities) and for residential care facilities, see Section 17.430.280 (Residential Care Facilities).

Not a congregate living facility. A community care facility, as that term is defined in Article 8 (Definitions), which is properly licensed by the State of California, shall not be deemed a "congregate living facility."

Applicable development standards. Each community care facility that serves six or fewer persons shall comply with all health and safety regulations, building standards, environmental impact standards, or any other matter within the City's jurisdiction that apply to other residential dwellings of the same type in the same zone.

Residents. The activities of residents of a community care facility shall not be regulated differently from persons who reside in other dwellings of the same type in the same zone.

Enforcement and remedies. In no event shall the City be limited in its ability to fully enforce this Development Code or the Municipal Code or to exercise any other remedy available to it by law (e.g., imposition of fines and other penalties; commencement of abatement procedures for a public nuisance; seeking administrative relief through applicable licensing authorities, etc.).

(Ord. 24-13, 10/1/2024)

§ 17.430.120 Community Gardens.

This section provides standards for the use of private property for the purpose of maintaining and operating a community garden.

Standards. The following standards apply to all community gardens:

Setbacks. Any structures or sheds shall comply with the setback requirements for the applicable zone.

Maintenance/cleanup. Weeds and garden refuse shall be disposed of on at least a biweekly basis.

Watering. Irrigation and any other use of water shall be conducted in compliance with the City's adopted Landscape Design Guidelines and Chapter 17.325 (Water Efficient Landscape and Irrigation).

Development. Installation, operation, or use of structures, sheds, irrigation systems, sanitary facilities, etc., as accessory uses, shall be in compliance with this Development Code and all local, state, and federal codes and regulations.

Separation. A minimum separation of 10 feet shall be maintained between the garden plots and any adjacent developed property. This separation shall be maintained so as to be free of any weeds, garden refuse, sheds, structures, irrigation systems, or other combustible materials, and shall not be used for storage of any equipment, vehicles, or any other materials.

Lighting. Installation or use of any electrical or other artificial lighting structures or equipment is prohibited.

Management. A manager shall be designated for each community garden who shall serve as liaison between the gardeners, property owners, and the City.

Pest control. Pest control measures shall be in compliance with all local, state, and federal codes and regulations.

Violations. It shall be unlawful for a property owner or any other person to establish or operate a community garden that is not in compliance with the requirements of this section.

(Ord. 24-13, 10/1/2024)

§ 17.430.130 Conversion of Residential Structures.

This section provides standards for the use of residential structures when they are converted for combined residential and nonresidential use and when they are converted for solely nonresidential use.

Nonresidential uses. Existing, legal residential structures may be converted to and remodeled for commercial uses when the subject structure conforms to minimum standards required by City ordinances.

Residential and nonresidential uses. When a residential structure is used for both residential and nonresidential uses within the same structure, no expansion beyond the exterior walls of the structure shall be allowed, and no additional stories shall be added to the structure, nor shall any separate structure be erected on the same parcel.

Use of yard areas. For structures partially used for residential uses and partially used for nonresidential uses, no portion of a front, side, or rear setback area shall be used for vehicle parking, except for on an approved designated driveway, or for storage of any kind.

(Ord. 24-13, 10/1/2024)

§ 17.430.140 Cottage Businesses.

This section provides standards for maintaining and operating a cottage business, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Where allowed. Cottage businesses shall not be allowed in approved subdivisions of more than four parcels.

Maximum number of businesses. Only one cottage business shall be allowed per parcel.

Employees. The business shall be operated by the property owner living on the site or on an adjacent parcel. One persons, other than those residing on the property, shall be allowed to work on the site of the cottage business.

Residential character. The cottage business shall not alter the residential character of the parcel/neighborhood.

Conduct of business in accessory structure. The use may be carried out in the primary dwelling unit or in an attached or a detached accessory structure on the same parcel or on a parcel adjacent to the primary dwelling owned and occupied by the same person.

Location of accessory structure used for conduct of business.

The detached accessory structure shall be located in the side or rear yard if located on the same parcel as the primary dwelling.

New structures constructed for a business use established after the effective date of this Development Code shall meet front, rear, and side setbacks based on the zone in which the use is located.

A previously established business use located within an existing structure shall meet the setback requirements for an accessory structure in Chapter 17.405 (Accessory Structures and Uses).

Screening. The area of the site, where the business use is conducted, shall be screened from public view on all sides (including along the road frontage), if deemed necessary by the Director due to the nature of the business. The screening shall consist of fencing and/or vegetation in compliance with Section 17.305.110 (Screening and Buffering). Also, additional screening and buffering may be required at a later date if the business intensifies, in order to protect the health, safety and general welfare of the new residents of the surrounding area, subject to an amendment to the original minor use permit.

Maximum area. The area devoted for the business use shall not occupy more than 50% of the square footage of the primary dwelling structure associated with the business, which is located on the business parcel or on an adjacent parcel.

Storage. Raw materials, machinery, equipment, or future job units waiting for assembly or repair shall be stored within an enclosed structure. Outside storage shall be prohibited, except that contractor storage yards may be allowed a maximum of 200 square feet of outside storage. Any storage in excess of this must be inside a totally enclosed structure. Storage shall not be allowed within required covered or uncovered parking spaces (i.e., garages, carports, outdoor parking spaces, etc.).

Signs. Signs shall comply with Chapter 17.335 (Sign Regulations), except where modified by the following:

One non-illuminated sign shall be allowed, with a surface area not to exceed four square feet. The height, including the supporting structure, shall not exceed four feet.

No vehicle, with the primary purpose of advertising, shall be parked in the front yard of the business.

Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards), except where modified by the following:

The parking and drive aisle surface shall be paved.

Off-street parking for the business use in an accessory structure shall be located on the side or to the rear of the dwelling unit.

A maximum of one business-associated vehicle may be parked in the driveway in view of the public right-of-way. A maximum of two business-associated vehicles may be parked on the parcel, provided that they are parked in the side or rear yard outside of public view.

Trucking businesses shall be allowed a maximum of two trucks.

(Ord. 24-13, 10/1/2024)

§ 17.430.150 Day Care Facilities.

This section provides standards for the location and operation of day care facilities for children in compliance with state law. These standards shall apply in addition to requirements imposed by the California Department of Social Services.

Small family child day care homes (eight or fewer children). As required by state law (See Health and Safety Code Section 1597.30 et seq., (Family Day Care Homes), small family child day care homes (eight or fewer children) shall be considered a residential use of property; shall be allowed on lots zoned for single-family dwellings; and shall not require any land use permits.

Large family child day care homes (nine to 14 children). Large family child day care homes (nine to 14 children) shall comply with the following standards:

Licensing. The operator of a large family child day care home shall obtain and maintain a valid license from the California Department of Social Services in compliance with California Code of Regulations, Title 22, Division 12 (Child Care Facility Licensing Requirements).

Care provider's residence. The large family child day care home shall be the primary residence of the care provider and the use shall be clearly residential in character and shall be incidental and secondary to the use of the property as a residence.

Fencing. A six-foot-high solid decorative fence or wall shall be constructed on all property lines, except in the front setback area or within a corner cutoff intersection area. Fences or walls shall provide for safety with controlled points of entry.

Fire protection systems. Mandatory fire extinguishers and smoke detector devices shall meet all standards established by the Fire Chief.

Landscaping. A minimum three-foot-deep landscaped area shall be provided adjacent to and inside of the fence/wall and shall include a dense hedge of shrubs a minimum of four feet in height at the time of planting. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be continuously maintained in a safe and viable condition. Water efficient landscape and irrigation approval is required pursuant to Chapter 17.325 (Water Efficient Landscape and Irrigation).

Lighting. On-site outdoor lighting shall be stationary; directed away from adjacent properties and public rights-of-way; and of an intensity appropriate to the use it is serving in compliance with Section 17.300.080 (Outdoor Light and Glare).

Applicable codes and standards. The large family child day care home shall conform to all applicable:

Property development standards for single-family dwellings in the respective zone in which it is located;

Building Code and Fire Code standards; and

State standards for the operation of large family child day care homes.

Play area and equipment. Outdoor play area(s) shall be located in the rear area of the parcel. Stationary play equipment shall not be located in required side and front yards.

Separation. A large family child day care home within a residential zone shall be located at least 300 feet away from an existing large family child day care home or child day care facility licensed to care for 15 or more children.

Parking and drop-off/pick-up area.

A facility shall provide an off-street parking space for each employee. A minimum of two off-street parking spaces shall be provided as a drop-off and pick-up area. The spaces shall be in addition to those required for the dwelling unit in compliance with Chapter 17.330 (Off-Street Parking and Loading). A driveway may be used to provide the spaces, provided that the Director approves the arrangement based on traffic and pedestrian safety considerations. Additional parking may be required to minimize impacts on adjacent parcels.

A facility located on a through street classified as a collector or arterial street shall provide a drop-off and pick-up area that does not require backing into the street.

Noise. In order to protect adjacent residential dwellings from noise impacts, a facility located within a residential zone may only operate a maximum of 17 hours each day between the hours of 6:00 a.m. and 11:00 p.m. and may only conduct outdoor activities between the hours of 8:00 a.m. and 8:00 p.m.

Signs. Signs shall comply with Chapter 17.335 (Sign Regulations).

§ 17.430.180 Electric Vehicle Charging Stations.

Application and review procedures.

A site plan and design review application shall be filed and approved in compliance with Chapter 17.630 (Site Plan and Design Review).

In compliance with Health and Safety Code Section 1597.46 (Large Family Day Care Homes), the Director shall provide notice of the application for a minor use permit, when applicable, not less than 10 days before the date on which the decision will be made on the application. The notice shall go to property owners located within a 100-foot radius of the exterior boundaries of the proposed large family day care home. A hearing shall only be held if requested by the applicant or other affected person.

Standards for child day care centers (15 or more children). Child day care centers shall comply with the following standards, in addition to the standards contained in Subsection B (Standards for large family child day care homes), above:

Parcel size. The minimum parcel size for a child day care center shall be 10,000 square feet.

Separation. The minimum separation between the main assembly building of the center and a residential zone shall be 30 feet.

Play areas and pools. Each facility shall have both indoor and outdoor play areas in compliance with state requirements. An on-site outdoor play area of not less than 75 square feet per child, but in no case less than 450 square feet per facility, shall be required. The outdoor play area shall not be located in the front yard. Outdoor play areas shall be enclosed by a six-foot-high fence and a pool, if provided, shall be enclosed by a fence that conforms to the California Building Code.

Parking and drop-off/pick-up standards. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards). The design of the drop-off and pick-up area shall not require backing into any street.

(Ord. 24-13, 10/1/2024)

§ 17.430.160 Donation Boxes.

This section provides locational, developmental, and operational standards for outdoor charitable donation boxes.

Maximum number. No more than one donation box shall be allowed on a single site or shopping center.

Maximum size. Donation boxes shall not exceed 120 square feet in size.

Affixed. The donation box shall be secured against theft or unauthorized removal.

Maintenance. The party responsible for the donation box shall ensure that the box and surrounding site are properly maintained and that donated materials do not fall, spill, or accumulate outside of the box. If the party responsible for the donation box fails to provide the required maintenance, the property owner shall be responsible for all of the required maintenance.

Removal. The party responsible for the donation box shall ensure that the box is removed and the site is cleared of any evidence of its previous setup when the box is no longer needed or has been inactive for 60 days. If the party responsible for the donation box fails to provide the required removal and clean-up, the property owner shall be responsible for the removal and clean-up.

(Ord. 24-13, 10/1/2024)

§ 17.430.170 Drive Thru Facilities.

This section provides standards for maintaining and operating a drive thru facility, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Parcel requirements.

The minimum parcel size shall be 12,000 square feet.

The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.

The site shall have a minimum of 100 feet of frontage on a major or arterial street, as identified in the Mobility Element of the General Plan.

Parking and circulation. Parking and circulation shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards). In addition, the following standards shall apply:

Each service window or machine shall provide a minimum of seven tandem queuing spaces, inclusive of the vehicle being served. See Section 17.430.080 [Automated Teller Machines (ATMs)] for drive-throughs providing ATM services. The queuing spaces shall not extend into the public right-of-way nor interfere with internal on-site circulation patterns. Service windows or machines shall be provided with a shade structure.

Drive thru aisles shall have a minimum ten-foot interior radius at curves and a minimum twelve-foot width.

The provision of drive thru service facilities shall not justify a reduction in the number of required off-street parking spaces.

Each drive thru aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent residences, streets, and parking lots.

Pedestrian walkways should avoid intersecting the drive thru access aisles, to the extent possible, but where they do intersect; they shall have clear visibility and be emphasized by enhanced paving or pavement markings.

The layout and design of the site shall minimize:

Vehicular traffic in any adjacent residential zone; or

Hazards to pedestrians from adjacent schools, theaters, or other similar places of assembly that tend to generate pedestrian traffic.

Design criteria. The drive thru facility shall have an integrated design of building materials, landscaping, roof lines, and signs.

Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation).

Lighting. Outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare). In addition, all outdoor lights or signals, except for those necessary for security lighting, shall be turned off when the drive thru facility is not in operation.

Noise. Amplification equipment (e.g., speakers at menu boards) shall be located so as not to adversely impact adjoining residential uses and shall be operated in compliance with Section 17.300.060 (Noise).

Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, the following standards shall apply:

Service window(s) shall be covered and adequately screened from public view.

An eight-foot-high solid decorative wall shall be constructed on each property line that adjoins a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director. A minimum five-foot-deep landscaping strip shall be provided between the wall and any driveway which shall be continually and properly maintained by the owners, developers, and/or successors-in-interest.

Setbacks. The minimum setback for all components related to the drive thru facility (e.g., structures, driveways, menu boards, etc.) shall be 20 feet from all adjoining residential uses or zones.

Signs. Signs shall comply with Chapter 17.335 (Sign Regulations). The number, size, and location of menu boards shall be subject to the approval of the Director.

Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

Utilities. Utility services to all structures (including signs) shall be installed underground.

(Ord. 24-13, 10/1/2024)

The purpose of this section is to ensure the effective installation of electric vehicle charging stations. Where any other provisions of the Municipal Code directly conflict with this section, this section shall control.

Designation of electric vehicle charging stations. An electric vehicle charging station is a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle and is classified based on the following levels:

Level 1 is considered slow charging and operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 is considered medium charging and operated on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Level 3 is considered fast or rapid charging and operated on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

Permitted locations.

Level 1 and 2 electric vehicle charging stations are an allowed use in all zones.

Level 3 electric vehicle charging stations are an allowed use in Commercial and Office Zones, Industrial Zones and Special Purpose Zones, as defined in Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Standards for electric vehicle charging stations. Electric vehicle charging stations utilizing parking stalls located in a parking lot or parking garage or in on-street parking spaces shall comply with the following standards. The technology associated with electric vehicles, batteries and electric vehicle charging stations is relatively new and is anticipated to change as vehicle charging stations become more prevalent. The Director may authorize variations from these standards, provided the spirit and intent of the standards and this section are addressed.

Reserved for parking and charging of electric vehicles only. Except when located in conjunction with single-family residences, electric vehicle charging stations shall be reserved for parking and charging of electric vehicles only.

Signage. Each electric vehicle charging station shall be posted with signage indicating the space is only for electric vehicle charging purposes. Signage shall include items contained in Subsection C.6, below.

Accessibility to persons with disabilities. The design and location of the electric vehicle charging stations shall comply with the following barrier-free accessibility requirements:

Accessible vehicle charging stations shall be provided based on the following table:

Number of EV Charging Stations	Minimum Accessible EV Charging Stations
3 - 50	1
51 - 100	2

Accessible charging stations shall be located in close proximity to the structure or facility entrances and shall be connected to a barrier-free accessible route of travel.

Accessible charging stations shall comply with the requirements of Section 17.330.070 (Disabled/Handicapped Parking Requirements).

Lighting. Adequate site lighting shall be provided in compliance with Section 17.300.080 (Outdoor Light and Glare).

Equipment. Equipment for electric vehicle charging stations shall comply with the following standards:

Equipment mounted on pedestals, lighting posts, bollards, or other devices for on-street charging stations shall be designed and located as to not impede pedestrian travel or create trip hazards within the right-of-way.

Charging station outlets and connectors shall be no less than 36 inches or no higher than 48 inches from the top of the surface where mounted and shall contain a retraction device or a place to hang cords and connectors above the ground surface.

Equipment shall be protected by wheel stops or concrete-filled bollards.

Notification. The following information shall be posted at all electric vehicle charging stations:

Voltage and amperage levels;

Hour of operations if time limits or tow-away provisions are to be enforced by the property owner;

Usage fees;

Safety information; and

Contact information for reporting when the equipment is not operating or other problems.

Minimum parking requirements. The parking spaces associated with the electric vehicle charging stations located within parking lots or garages may be included in meeting the calculation of the minimum parking spaces required in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards).

(Ord. 24-13, 10/1/2024)

§ 17.430.190 Emergency Shelters.

This section provides standards for the establishment and operation of emergency shelters, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and in compliance with Government Code Section 65583.

Maximum number of beds. Each emergency shelter may have a maximum of 20 beds.

Parking. Off-street parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards). Non-operational and unregistered vehicles shall not be kept on site. Towing shall be the responsibility of the shelter operator.

Design and amenities.

Waiting area. Each emergency shelter shall provide an exterior waiting area of at least 10 square feet per bed to accommodate clients and to prevent queuing into the public right-of-way. An exterior waiting area shall be physically separated from the public right-of-way. Interior waiting areas shall be allowed in compliance with the California Building Code.

Facility layout. Living, dining, and kitchen areas shall be physically separated from sleeping areas.

Sleeping area. Each emergency shelter shall provide at least 35 square feet of sleeping area per bed.

Bathroom facilities. Each emergency shelter shall provide facilities for personal care (i.e., bathroom and shower facilities) in compliance with the California Building Code.

Telephone services. The shelter shall provide landline telephone services separate from the office phone in order to provide privacy. Any payphones provided shall allow call-out service only.

Additional standards. Each emergency shelter shall comply with applicable Building Code, Fire Code, and State Department of Social Services licensing requirements.

Location restriction.

Minimum separation distance. An emergency shelter shall be located at least 300 feet away from another emergency shelter.

Measurement of separation distance. The distance of separation shall be measured in a straight line between the main entrances of each use without regard to intervening structures or objects.

Operational standards.

Hours of operation. Hours of operation shall be limited to the hours between 6:00 p.m. and 8:00 a.m.

On-site management. Each emergency shelter shall provide on-site supervision at all times.

Congregation in neighborhood prohibited. The shelter operator shall be responsible for the following:

Patrol of the surrounding area within 800 feet for one hour after the closing of the shelter each morning to ensure that homeless shelter residents are not congregating in the neighborhood.

Regular patrol of the area surrounding the shelter site to ensure that homeless persons who have been denied access are not congregating in the neighborhood.

Contact information. The shelter operator shall provide information about how to contact the operator with questions or concerns regarding shelter operations. The contact information shall be posted on site where it is readily viewable by an employee, shelter inhabitant, or representative of a governmental agency.

Litter and graffiti. The shelter operator shall be responsible for the following:

Maintenance of the exterior of the premises, including signs and accessory structures, free of litter and graffiti at all times;

Providing for daily removal of trash from the premises and abutting sidewalks or alleys within 20 feet of the premises; and

Removal of graffiti within 48 hours of written notice from the City.

Controlled access. The facility and/or the premises shall be accessed by only one entrance.

Supplemental services. Supplemental services (e.g., food, counseling, access to other social programs, etc.) may be offered on the inside of the premises. No exterior waiting areas are allowed for supplemental services.

(Ord. 24-13, 10/1/2024)

§ 17.430.200 Limited, Seasonal Farming.

This section provides standards that allow for limited, seasonal farming and limited agricultural uses on vacant property within the City, and is intended to ensure compatibility of these uses with other uses in the City.

Applicability. The provisions of this section shall apply to vacant land in any residential or open space zone within the City.

Allowed uses. Limited, seasonal farming, as that term is used in this section, shall mean and refer to seasonal row and field crops. Limited farming shall also mean and refer to short-term, seasonal grazing for the purpose of nonmechanical weed abatement. The allowed limited farming uses are subject to the following standards:

Aerial application of pesticides shall be prohibited. Any use of pesticides shall be in compliance with all local, state and federal rules and regulations.

Dust control shall be required.

Limited, seasonal farming operations shall be conducted in a manner that avoids negative impacts on adjacent property, and shall not constitute a nuisance.

No structures shall be allowed, as limited, seasonal farming and agricultural uses are considered interim uses in compliance with the General Plan.

A zoning clearance is required before commencement or expansion of limited, seasonal farming activities.

Nuisance hearing.

If the Director receives more than 10 complaints regarding limited, seasonal farming activity on the same property, from separate individuals, and regarding a similar problem, during a thirty-day period, the matter shall be set for a nuisance hearing.

Following the hearing, conditions may be imposed on the limited, seasonal farming activities.

Nothing in this section shall preclude the City from investigating or taking any other action with respect to any complaint or the applicability of any farming practice related to health or safety issues.

(Ord. 24-13, 10/1/2024)

§ 17.430.210 Live Entertainment.

This section provides standards for amplified and unamplified live entertainment, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). Regulations for dance halls are in Municipal Code Chapter 5.40 (Public Dances).

Exempt activities. The provisions of this section shall not apply to:

Hotels operating or allowed in compliance with approved conditional use permits;

Pre-recorded music played inside an establishment during hours the establishment is lawfully operating, provided that the volume levels conform to the standards in Section 17.300.060 (Noise);

Unamplified live entertainment that consists of no more than two performers, including patrons, playing unamplified instruments:

Without any dancing, singing, or spoken words;

At sound levels that allow persons to converse without straining to speak or be heard;

Indoors between the hours of 9:00 a.m. and 11:00 p.m.; and

With a valid license fee paid in compliance with Municipal Code Chapter 5.08 (Business License Fees).

Business license. Amplified and unamplified live entertainment that is not exempt under Subsection A (Exempt activities) shall require payment of a license fee in compliance with Municipal Code Chapter 5.08 (Business License Fees)

Development standards.

Exits from a structure shall generally be directed away from any residential zone or residential use adjoining the site. Exits for emergency use only are not included within this limitation.

Amplified live entertainment shall take place inside a structure and shall not occur outdoors, including in an outdoor dining area.

The premises within which amplified live entertainment takes place shall contain sufficient sound absorbing insulation so that noise generated inside the premises shall not be audible anywhere on adjacent property, public rights-of-way, or within any separate units within the same structure, if the premises are in a mixed-use development.

No doors or windows shall be open during the amplified live entertainment.

Permit requirements. The conditions of approval for issuance of a permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) shall include the following:

Days and hours of operation;

Maximum noise levels;

Waste management;

Transferability;

The temporary vs. permanent nature of the use; and

Security personnel as recommended by the Police Chief.

(Ord. 24-13, 10/1/2024)

§ 17.430.220 Mobile/Manufactured Homes.

This section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks and mobile home subdivisions, where single-family dwellings are allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Compliance with state law. In compliance with Government Code Section 65852.3, a mobile/manufactured home may be installed on an approved foundation system on a parcel that is:

Zoned to allow a single-family dwelling; and

Determined to be compatible for mobile/manufactured home use.

Site planning, design, and construction standards. A mobile/manufactured home may be installed in compliance with the following conditions:

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

Exterior materials. The exterior siding, trim, and roof shall be of the same materials and treatments found in conventionally built single-family residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same parcel. Mobile/manufactured homes installed in a zone with design guidelines shall comply with the guidelines for the zone.

Roof design. Roof overhangs and pitches shall be in character with the overhangs and pitches that are commonly used in conventionally-built single-family structures in the immediate neighborhood (or in adjacent neighborhoods if there are not sufficient examples in the immediate neighborhood).

Foundation. The mobile/manufactured home shall be placed on a foundation system that meets the requirements of the Health and Safety Code, subject to the approval of the Building Official.

Minimum size. The mobile/manufactured home shall contain the minimum square footage of living area that is required for conventionally built single-family residential structures. The floor area of porches, garages, patios and similar features, whether attached or detached, shall not be included when calculating the floor living area.

Construction standards. The mobile/manufactured home shall be:

Certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 4401 et seq.) and bear a California insignia or federal label as required by Health and Safety Code Section 18550(b).

Constructed within 10 years before the date of application for the installation permit.

(Ord. 24-13, 10/1/2024)

§ 17.430.230 Outdoor Dining.

This section provides standards for outdoor dining areas.

Coordinated design scheme. The design and appearance of proposed improvements or furniture (e.g., tables, chairs, benches, umbrellas, planters, menu boards, etc.) to be placed in an outdoor dining area shall present a coordinated theme and shall be compatible with the appearance and design of the primary structure, as determined by the Director.

Hours of operation. Hours of operation for outdoor dining areas shall coincide with those of the associated indoor restaurant.

Property maintenance. The operator shall maintain the outdoor dining area(s) in a neat, clean, and orderly condition at all times. This shall include all tables, benches, chairs, displays, or other related furniture. An adequate number of trash receptacles shall be provided to serve the outdoor dining area.

Outdoor bar. A bar designed and/or operated to sell or dispense any alcoholic beverages shall require approval of a conditional use permit.

Location. Outdoor dining areas may be allowed to locate in required setback areas but shall not encroach into required parking areas. They may be allowed to encroach into a public right-of-way with an approved encroachment permit issued by the City Engineer.

Noise. Amplified sound (e.g., music, television, etc.) shall not be audible beyond the lot line.

Approvals. Outdoor dining shall be approved by the Director through a site plan and design review.

(Ord. 24-13, 10/1/2024)

§ 17.430.240 Outdoor Displays and Sales.

This section provides standards for temporary and permanent outdoor displays and sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Exempt uses. Plant nurseries; motor vehicle, boat, and trailer dealers shall be exempt from the provisions of this section.

Temporary use permit required. Each business that intends to conduct a temporary outdoor display and sales event shall first receive approval of a temporary use permit in compliance with Chapter 17.640 (Temporary Use and Special Event Permits)

Business license. Each business that conducts or sponsors outdoor displays and sales shall hold a valid business license issued in compliance with Municipal Code Chapter 5.04 (Business Licenses Generally).

Height limits. The outdoor display of merchandise shall not exceed a height of six feet above finished grade. The outdoor display of merchandise shall be limited to the ground-floor level. Merchandise shall not exceed a height of six feet above finished grade or the height of a ceiling on an unenclosed, covered entry structure (e.g., covered porch, patio cover, etc.), whichever is less.

Setbacks. Outdoor display and sales areas shall not encroach into required setback areas or the public right-of-way, unless specifically approved by the Director a minimum of 30 days before the sale. In zones where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines, unless otherwise approved by the Director.

Parking. Parking and maneuvering shall not be impeded, except that the Director may allow a maximum of 10% of the parking spaces to be used for the purposes of the sale.

Pedestrian circulation. Appropriate pedestrian aisle space shall be provided in compliance with the California Building Code and Federal ADA[1] requirements.

[1]

Edtitor's Note: See 42. U.S.C. § 12101 et seq.

Location of merchandise.

Temporary display and sales. An event shall be conducted only on a parcel having a paved parking surface with permanent driveway access.

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

Location on property. The display/sales area shall relate directly to an allowed use that occupies a primary structure on the same premises. Display and sales activities that are conducted off-site or away from the primary place of business shall require a temporary use permit approved in compliance with Chapter 17.640 (Temporary Use and Special Event Permits).

Buffering and screening.

A thirty-foot-wide buffer shall be provided between the event and a residential zone or use.

The Director may require screening of outdoor sales and activity areas from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

Signs. Additional signs shall not be provided for the outdoor display and sales area beyond those normally allowed for the primary use in compliance with Chapter 17.335 (Sign Regulations). Signs mounted to utility poles, windows, and other locations outside the immediate area of the event shall be removed immediately. Stake-mounted signs and human sign holders shall be prohibited.

Nuisance. The event shall not become a safety hazard or public disturbance and shall not cause substantial adverse impacts on the surrounding properties by creating excessive dust, heat, glare, noise, odors, or pollutants as determined by the Director.

Other applicable regulations. Appropriate facilities, structures, and utilities shall be installed and maintained in compliance with all applicable building, fire and health regulations.

Standards for off-site sales. In addition to the standards in Subsections C through L, above, off-site sales (e.g., farmers' markets, vehicle sales, community fundraisers, etc.) shall:

Provide three copies of a site plan, approximately to scale, indicating the location of the parking lot sale relative to adjacent parking lots, street rights-of-way, sidewalks, and structures.

Provide written evidence of property owner(s) permission.

Establish a 20-foot clear area with a cone or tape barrier, physical guards, or fencing around the event site.

Provide a deposit, in an amount determined by the Director and to be held at the Department, for the clean-up/removal of debris at and around the event site. The deposit shall be released by the Director after the Director has inspected the event site and surrounding area.

Each dealer participating in a temporary motor vehicle parking lot sale shall comply with the California Department of Motor Vehicles regulations for point-of-sale tax allocation.

(Ord. 24-13, 10/1/2024)

§ 17.430.250 Outdoor Storage.

This section provides standards for outdoor storage or work areas, where allowed by Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

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

Maximum height of stored materials. The materials within the storage area shall not be higher than the wall or fence, except where authorized by the permit for the storage area.

Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zone, and the setback area shall be landscaped to the approval of the Director, and in compliance with Chapter 17.325 (Water Efficient Landscape and Irrigation).

Fencing for outdoor storage of goods and vehicles, keeping of livestock. A maximum of one foot of vertical barbed wire may be installed on top of fences and walls located in RE, IL, and IH Zones with the approval of the Director, provided that the use served includes only the outdoor storage of goods or vehicles or the keeping of livestock.

(Ord. 24-13, 10/1/2024)

§ 17.430.260 Recreational Vehicle Parks.

This section provides standards for the development of recreational vehicle parks and recreational vehicle park subdivisions.

Dimensional standards for recreational vehicle park subdivisions. Recreational park subdivisions shall comply with the requirements in Table 4-6 (Development Standards for Recreational Vehicle Park Subdivisions):

Table 4-6 Development Standards for Recreational Vehicle Park Subdivisions
Development Feature	Dimensional Standard
Site Area	10 acre minimum
Individual Lot Size	1,200 sq. ft. minimum
Density	One RV unit per each RV lot⁽¹⁾
Height
RV Lot	15 ft. maximum
RV Park Recreational Area	35 ft. maximum
Open Space
Private	100 sq. ft. minimum per RV lot⁽³⁾
Common	The greater of 200 sq. ft. per RV lot or 30,000 sq. ft.
Distance between Structures	10 ft. minimum distance between RV structures 6 ft. minimum distance between RV and related accessory structures
Setbacks — RV Units
Front	3 ft.
Interior Side	3 ft.
Street Side
Adjacent to exterior street	20 ft. minimum from park exterior boundaries
Adjacent to interior street	10 ft. minimum from park interior boundaries
Adjacent to single-family zone	10 ft. minimum
Rear	3 ft. minimum
Setbacks — Accessory Structures (2)	3 ft. minimum
Widths of Interior Private Streets
No parking allowed	25 ft. minimum width
Parking on one side allowed	30 ft. minimum width
Parking on both sides allowed	35 ft. minimum width

Notes:
(1)	The maximum density allowed within an RV park or RV park subdivision shall be indicated by the General Plan land use designation of the property and confirmed by the approved conditional use permit. A density bonus may be granted in compliance with Chapter 17.310 (Affordable Housing – Density Bonuses).
(2)	Accessory structures may include cabanas, ramadas, storage cabinets, carports, fences, stairways, ramps, etc.
(3)	Exclusive of required setback areas.

Allowable recreational vehicles. Only recreational vehicles that conform to the definition in Article 8 (Definitions) shall be allowed on recreational vehicle lots.

Lighting. Street lighting shall be provided to reasonably light all streets within the development including the installation of marbelite, aluminum, or equivalent poles. All outdoor lighting shall comply with Section 17.300.080 (Outdoor Light and Glare).

Parking. Parking shall be provided in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards).

Storage. Outdoor storage shall not be allowed. Storage sheds shall be allowed upon individual lots and shall conform to the setbacks required in this section. Additional storage facilities may be allowed as part of the project approval process. No storage of construction or flammable materials shall be allowed except as approved by the Fire Department.

Streets. Streets shall be improved in compliance with the City's standard specifications.

Trash/recycling facilities. Trash enclosures shall be provided in compliance with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

Utilities. Utility services shall be installed underground with the exception of a utility riser at each lot. All recreational vehicles shall be connected to an approved public sewer system.

Conflict with other applicable laws. In the event of a perceived conflict between regulations in this section and other applicable laws, the more restrictive requirements shall control.

(Ord. 24-13, 10/1/2024)

§ 17.430.270 Recycling Facilities.

This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.

Reverse vending machines. Reverse vending machine(s) shall comply with the following standards:

Machines shall be installed as accessory uses and shall not require additional parking;

If located inside of a structure, machines shall be within 30 feet of the entrance and shall not obstruct pedestrian circulation;

If located outside of a structure, machines shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);

Machines shall not exceed an area of 50 square feet for each installation, including any protective enclosure, nor eight feet in height;

Machines shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;

Machines shall have operating hours that are consistent with the operating hours of the primary use; and

Machines shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 17.300.080 (Outdoor Light and Glare).

Small collection facilities. Each small collection facility shall:

Not exceed an area of 350 square feet nor three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers;

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

Be located within one-half mile of supermarkets in compliance with the Beverage Container Recycling and Litter Reduction Act (Public Resources Code 14500 et seq.).

Accept only CRV glass, aluminum, or plastic containers, paper, and other recyclable items;

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

Use containers that are constructed with durable waterproof and rustproof material(s), secure from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

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

Any containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;

The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

Signs may be provided as follows:

Collection facilities may have identification signs with a maximum area of 15% for each side of the structure or 12 square feet, whichever is less. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

Signs shall be both compatible and harmonious with the character of their location; and

Directional signs, consistent with Chapter 17.335 (Sign Regulations) and without advertising message, may be installed with the approval of the Director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant;

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

§ 17.430.280 Residential Care Facilities.

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

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

The facility shall not be located within 100 feet of a parcel zoned or occupied for residential use.

The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure in compliance with Section 17.305.110 (Screening and Buffering).

Structure setbacks and landscaping shall be provided as required for the subject zone.

Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls.

The site shall be maintained clean, sanitary, and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

Containers provided for "after hours" donation of recyclable materials shall be constructed of sturdy, rustproof material(s); have sufficient capacity to accommodate materials collected and be secured from unauthorized entry or removal of materials.

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

(Ord. 24-13, 10/1/2024)

This section provides standards for the location and operation of residential care facilities for children or adults in compliance with state law.

Licensing and other state requirements. These standards shall apply in addition to requirements imposed by the California Department of Social Services.

Small residential care homes (six or fewer adults or children). As required by state law (See Health and Safety Code Section 1597.30 et seq., (Family Day Care Homes), small residential care homes (six or fewer adults or children) shall be considered a residential use of property and shall be allowed within a single-family residence located in any residential zone with no City land use permits required.

Large residential care homes (seven or more adults or children). Large residential care homes (seven or more adults or children) shall be allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards) and Chapter 17.325 (Water Efficient Landscape and Irrigation) provided the following standards are met.

A drop-off/pick-up/loading/temporary parking area shall be provided adjacent to the main entrance;

A minimum of 10% of the site area shall be provided for usable indoor and/or outdoor recreation areas;

Outdoor recreation areas and open courtyards shall be provided throughout the project. These areas shall be designed to provide passive open space with tables, chairs, planters, or small garden spaces to make these areas useful and functional for tenants;

If located within a residential neighborhood, the architecture of the facility shall be compatible with the residential character of the area;

Security provisions shall be provided in the following manner:

The entire facility shall be designed to provide maximum security for residents, employees, and visitors (e.g., lighting, cameras, surveillance, etc.); and

Adequate measures shall be taken to provide for vehicle parking security including security gates, fencing, and night lighting.

(Ord. 24-13, 10/1/2024)

§ 17.430.290 Satellite/Dish Antenna and Amateur Radio Antenna.

This section provides standards for the location, installation, and maintenance of satellite antennas, amateur (noncommercial) radio communication facilities, and citizen band radio antennas.

Exempt. The following receive-only antennas shall not be regulated by this section:

A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than one meter (39 inches) in residential zones;

A ground-mounted or structure-mounted, radio or satellite dish antenna that does not project above the roof ridge line and does not have a diameter greater than two meters (78 inches) in nonresidential zones; and

Roof-mounted radio or television aerials not exceeding 40 feet in overall height, as measured from ground level, in any zone.

Zones where allowed. Amateur radio antennas, structures, and masts and satellite dish antennas that comply with the development standards in this section are allowed as an accessory use in all zones.

Development standards Amateur radio antennas.

Lowering device. Amateur radio antennas, capable of a maximum extended height in excess of 40 feet, with the exception of whip antennas, shall be equipped with a motorized and mechanical device, capable of lowering the antenna to the maximum allowed height in the zone when the antenna is not in operation.

Allowed height.

The height of an antenna shall be measured from existing grade at the point the mast touches, or if extended would touch, the ground.

When in operation, no part of any amateur radio antenna shall extend to a height of more than 75 feet above existing grade of the site on which the antenna is installed.

When not in operation, no part of any amateur radio antenna, excepting whip antennas, shall extend to a height of more than 35 feet measured above grade of the site on which the antenna is installed.

Number allowed. One amateur radio antenna structure and one whip antenna shall be allowed on each parcel.

Color. The antennas and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, green, brown, tan, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

Siting and setbacks. Antenna structures shall be in compliance with the following, as illustrated in Figure 4-2 (Location of Amateur Radio Antenna):

No portion is located within any required setback area;

No portion is located within the front 40% of the depth of the parcel that abuts a public right-of-way; and

If a site abuts two or more public rights-of-way, the mast is not located within the front 40% of the depth of the parcel where primary access is provided to the parcel.

Figure 4-2

Location of Amateur Radio Antenna

Development standards. Satellite dish antennas.

Setbacks. A satellite dish antenna shall not be located in any required setback area except that satellite dish antennas that do not exceed six feet in height may be located:

In any required side setback area behind the front setback line; and

In any rear setback area where the rear setback area is not adjacent to an alley.

Number. A maximum of one satellite dish antenna shall be allowed on a site.

Color. Satellite dish antennas that are not screened shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.) and shall be, to the extent possible, compatible with the appearance and character of the surrounding neighborhood.

Sign. Signs of any kind shall not be posted or displayed on any satellite dish antenna.

Ground-mounted antennas.

Size. The diameter of a ground-mounted dish antenna shall not exceed 10 feet.

Height. The height of any portion of a ground-mounted dish antenna shall not exceed 15 feet.

Location. In all residential zones, a ground-mounted dish antenna shall be located on the rear one-half of the parcel.

Other requirements. In all zones, the location shall not reduce area required for parking, internal circulation, landscaping or other development standard criteria.

Roof-mounted antennas.

Size. The diameter of any roof-mounted satellite dish antenna shall not exceed 10 feet.

Height. Roof-mounted antennas shall not exceed the height limit of the subject zone.

Location. A roof-mounted dish antenna shall be located on the rear one-half of the parcel or the rear one-half of the structure farthest from the primary access to the parcel, whichever is farthest from the front lot line.

Wiring. Electrical and antenna wiring shall be placed underground or otherwise screened from public view.

Permit requirements.

To ensure consistency with Government Code Section 65850.3, the Director may modify the development standards applicable to amateur radio antennas upon application for a minor use permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) if strict compliance with the development standards in this section will result in:

Unreasonable limitations on, or prevent, reception or transmission of signals; or

Excessive costs in light of the purchase and installation costs of the antenna.

In the event the applicant satisfactorily demonstrates that strict compliance would unreasonably restrict or prevent reception or transmission of signals, or result in excessive costs, the Director shall issue the permit subject to any conditions deemed necessary or appropriate to minimize the impact of the installation of the antenna, provided the conditions do not unreasonably prevent or limit transmission or reception of signals will result in excessive costs.

(Ord. 24-13, 10/1/2024)

§ 17.430.300 Senior Residential Projects.

This section provides alternative standards for senior residential projects to ensure quality housing alternatives to conventional single-family residences and condominium projects for senior citizens. Projects located within the RM, RH, RVH, MU, MU-E, or DV zones that conform to all applicable standards of the base zone, as well as the multi-family standards in Chapter 17.420 Multi-Family Development), shall be processed as a multi-family development project and therefore exempt from this section and the minor use permit requirement.

Location.

Senior residential projects should be located:

Close to shopping and in reasonable proximity to medical facilities and places of assembly; or

Within 600 feet of suitable public transportation facilities or routes providing access to these services.

In the alternative, senior residential projects may provide shuttle services.

Development standards. Senior residential development shall comply with the standards in Table 4-7 (Development Standards for Senior Residential Projects) and Chapter 17.325 (Water Efficient Landscape and Irrigation).

Table 4-7 Development Standards for Senior Residential Projects
Development Feature	Standard
Site Area	20,000 sq. ft. minimum
Setbacks
Front	25 ft. minimum
Side	5 ft. minimum — Single-story 10 ft. minimum — Two-story
Street Side	10 ft. minimum
Review Appendix 1 of the Landscape Design Guidelines for possible greater setback requirements on certain streets.
Rear	10 ft. minimum Except that parking structures may be closer than 10 feet to the rear property line
Lot Coverage	Max 60% of gross parcel area, includes all structures (residential, recreational, parking, etc.)
Height	35 feet maximum
Unit Size	One-bedroom units — 460 sq. ft. minimum Two-bedroom units — 680 sq. ft. minimum
Private Storage	80 cu ft. minimum/unit (exterior to dwelling unit)
Parking	See Chapter 17.330 (Off-Street Parking and Loading Standards)

Recreation facility.

A recreation facility shall be provided for each senior residential project as follows:

Up to 99 units, a minimum of 1,200 square feet or 25 square feet per unit, whichever is greater.

100 or more units, a minimum of 2,500 square feet, or 15 square feet per unit, whichever is greater.

A recreation facility shall provide all of the following amenities:

Meeting room;

Restrooms;

Additional room(s) to be used as an office, library, card room, or similar use;

Kitchen facilities (e.g., cooking, sink, and clean-up areas; and

Outdoor patio and barbecue area.

Design and accessibility.

Units above the first floor shall be accessible by elevator.

Dwelling units with ADA-compliant-features (i.e., features that comply with the ADA Standards for Accessible Design issued by the Department of Justice and published in the Code of Federal Regulations, such as no-step entrance, wider interior doorways and hallways, bathrooms with adequate maneuvering space and accessible showers and tubs, accessible environmental controls and light switches, etc.) shall be provided as follows:

Total # of Units in Development	Required # of Units with ADA Features
10 - 20 units	1 unit
21 - 40 units	2 units
41 or more units	5% of total # of units

Covenants, conditions, and restrictions (CC&R's). The occupancy of all dwelling units for each senior citizen housing development shall be secured by appropriate conditions, covenants, and restrictions (CC&R's) recorded against the property. The CC&R's shall be subject to approval by the City Attorney.

(Ord. 24-13, 10/1/2024)

§ 17.430.310 Service Stations (Gas Stations).

This section provides standards for service stations, where allowed in compliance with Article 2 (Zones, Allowable Uses, and Zone-Specific Standards).

Parcel requirements.

The minimum parcel size shall be 12,000 square feet.

The minimum width shall be 100 feet, and the minimum depth shall be 100 feet.

The site shall have a minimum of 100 feet of frontage on a major or arterial street identified in the Mobility Element of the General Plan.

Number of pumps. The maximum number of pumps shall be determined by the approval authority based on the size of the site, on-site circulation, distance to sensitive receptors and access. Generally, one fuel pump dispenser shall be allowed per each 2,000 square feet of site area.

Site plan and design review. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).

The service station shall have an integrated design of building materials, landscaping, roof lines, and signage.

The service station bays shall not face the public right-of-way.

Service work shall be performed only within an enclosed structure.

Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation). In addition, the following standards shall apply:

A minimum five-foot-wide, inside dimension, and six-inch-high curbed landscaped planter area shall be provided along the street property lines, except for driveways, and alongside and rear property lines adjoining residentially zoned properties. Trees shall be provided in landscaped areas adjoining residentially zoned properties at a rate of one tree for each 20 lineal feet of planter area;

An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location; and

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

Merchandise display/storage. Outdoor display and storage of merchandise, materials, or equipment shall comply with the following:

Display cabinets, racks, and vending machines shall be located within five feet of the primary structure or on a pump island.

The display cabinets may be placed on the interior perimeter property line but no closer than 10 feet to the street property line.

The locations of display racks and vending machines shall be specified by the approved site plan.

All other outdoor storage and display shall comply with Section 17.430.240 (Outdoor Displays and Sales) and Section 17.430.250 (Outdoor Storage).

Parking and circulation. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading). In addition, the following shall apply:

Paving. The entire site area shall be paved except the landscaped areas provided in compliance with Subsection D (Landscaping), above.

Access.

Each site shall have not more than two access ways (driveways) to any one street.

A minimum five-foot long full height curb shall be installed between an adjoining property line and the closest curb cut along any street frontage.

Driveways shall be a maximum width of 30 feet.

Driveways shall not encroach into the curve of a street corner unless the radius of the curb return is greater than 30 feet.

A minimum 20-foot long full height curb shall be installed between curb cuts along any street frontage.

The City Engineer may modify the above access standards to ensure traffic safety.

Screening and buffering. Screening and buffering shall comply with Section 17.305.110 (Screening and Buffering). In addition, entrances to restrooms shall be screened from view of adjacent properties or public rights-of-way by decorative screening at least six feet in height. The bottom of a screen shall be raised 18 inches above grade for visibility and ventilation.

Setbacks. Pumps and pump dispenser islands shall be set back at least 25 feet from any lot line.

Signs. Signs shall comply with Chapter 17.335 (Sign Regulations). Utility services to signs shall be installed underground.

Storage of trailers/vehicles. A maximum of 10 utility trailers (i.e., towed vehicles not used for human occupancy) may be stored for rent on service station sites, provided the trailers occupy an area that is in excess of the 2,000 square feet of site area required for each pump. The storage of inoperative vehicles is prohibited. No rental trucks or towing equipment shall be allowed.

Trash storage. Outside trash, garbage, refuse and storage areas shall comply with Section 17.305.130 (Solid Waste/Recyclable Materials Storage).

Utilities. Utility services to all structures shall be installed underground.

(Ord. 24-13, 10/1/2024)

§ 17.430.320 Shopping Centers.

This section provides standards for the establishment of integrated shopping centers and large retail uses in zones where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards). The intent is to establish a consistent set of standards based on the size of the retail commercial site in order to ensure the compatibility of retail commercial operations with surrounding land uses. Specifically, these standards will protect adjoining residential uses from the potential impacts of large retail commercial operations (e.g., auto and truck traffic conflicts, pedestrian safety, noise, air pollution, lighting, aesthetics, etc.).

Applicability. The requirements of this section shall apply to the following:

Two or more acres. Shopping centers and large-scale commercial retail developments that are two or more acres in parcel size adjoining residential zone districts; and

Less than two acres. Smaller retail commercial developments where the Director determines that a significant potential exists for the proposed use to negatively impact adjoining residential zone districts.

Site plan and design review required. A site plan shall be submitted and approved in compliance with Chapter 17.630 (Site Plan and Design Review).

Separate permits. Individual land uses within the shopping center that are identified as requiring a permit in Table 2-6 (Allowed Land Uses and Permit Requirements in Commercial and Office Zones) (e.g., health and fitness facilities, outdoor display and sales, theaters, etc.) shall obtain the respective applicable permits separately. An amendment to the approved site plan and design review shall not be required.

Development standards.

Location. A shopping center shall have at least one street frontage on:

Neighborhood shopping centers. A collector or arterial (major or minor) street for neighborhood shopping centers.

Community and regional shopping centers. An arterial (major or minor) street for community and regional shopping centers.

Public right-of-way separation from residential. Where feasible, the design of a shopping center shall ensure that:

A public right-of-way exists between the shopping center and any residential zone;

A public right-of-way does not bisect the development or an expansion of the development;

On-site circulation occurs on private access easements. If the site consists of multiple parcels, the property owners shall enter into a reciprocal access and parking agreement, which shall be in a form approved by the City Attorney and shall be recorded in the County Records. A copy shall be filed with the City;

Abutting residential. If a proposed shopping center is in a commercial zone that abuts a residential zone, the following standards shall apply:

Structure setback. The setback for a structure adjacent to a residential zone shall be equal to the height of the structure, but in no case, shall the setback be less than the landscaping strip required in compliance with Subsection D.3.c (Landscaping), below. See Figure 4-3 (Examples of Shopping Structure Setbacks).

Figure 4-3

Examples of Shopping Structure Setbacks

Wall. A solid decorative masonry sound wall with a minimum height of eight feet, or higher if required by an acoustical analysis, shall be constructed and maintained on the project site along the common lot line in compliance with Section 17.305.110 (Screening and Buffering). A properly designed pedestrian access may be provided through the wall from a residential neighborhood to a neighborhood-serving commercial use subject to the approval of the review authority.

Landscaping. Landscaping shall comply with Chapter 17.325 (Water Efficient Landscape and Irrigation).

Sidewalks. Sidewalks shall be provided along the full length of any side of a structure that features a customer entrance and along any side of a structure that abuts a public parking area. Sidewalks shall be located at least six feet from the façade of the structure in order to allow the installation of landscaping along the foundation.

Parking. Parking shall comply with Chapter 17.330 (Off-Street Parking and Loading Standards).

Transit facilities. Provisions for transit facilities, (e.g., bus stops and shelters) shall be included as determined by the Transit Authority in consultation with the Director.

Signs. A comprehensive sign program shall be provided in compliance with Section 17.335.130 (Comprehensive Sign Program).

(Ord. 24-13, 10/1/2024)

§ 17.430.330 Solar Energy Systems; Expedited Permitting for Small Residential Rooftop Solar Energy Systems.

The section provides standards and procedures for the approval, installation, and operation of small solar energy systems, in compliance with the Solar Rights Act (Civil Code Section 714 et seq.) and Government Code Section 65850.5, and where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

This section also creates an expedited, streamlined sola permitting process that complies with the Solar Rights Act,[1] as amended by AB 2188 (Chapter 521, Statutes 2014), to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of small residential rooftop solar energy systems by removing unreasonable barrier, minimizing costs to property owners and the City, and expanding the ability of property owners to install rooftop solar energy systems. This section allows the City to achieve these goals while protecting the public health and safety.

Definitions.

"Electronic submittal"

means the utilization of one or more of the following:

Email;

The Internet; or

Facsimile.

"Small residential rooftop solar energy system"

means a solar energy system which meets all of the following:

Is no longer than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal:

Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City, and all state and City health and safety standards;

Conforms to all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineer s, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability;

Is installed on a single or duplex family dwelling; and

The panel or module array does not exceed the maximum legal building height as defined by the City.

"Solar energy system"

has the meaning set forth in Paragraph (1) and (2) of Subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

"Specific, adverse impact"

means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

Permit application, and processing.

Permit requirements. The installation of a solar energy system shall require the issuance of a zoning clearance by the Director in compliance with Chapter 17.655 (Zoning Clearances), approval of the landscape and irrigation plans in compliance with 17.325 (Water Efficient Landscape and Irrigation), and the issuance of a building permit.

Additional information. In reviewing the application for zoning clearance, the Director may require the applicant to submit additional information as the Director deems necessary to determine whether the application meets the requirements of this section. The applicant shall provide this additional information to the Director before the application shall be deemed complete.

Application approval. The Director shall determine whether the application includes structural design features or alterations that are not for the primary purpose of providing for the collection, storage and distribution of solar energy and that may require discretionary approval(s). If the application requires discretionary approval(s), the applicant shall obtain the approval(s) before the Director may issue a zoning clearance for the installation of the proposed solar energy system. An application that is for the primary purpose of providing for the collection, storage and distribution of solar energy shall be administratively approved through a nondiscretionary permit unless the Director determines, based on substantial evidence, that the solar energy system could have a specific adverse impact. The decision of the Director to require a use permit may be appealed to the Planning Commission.

Use permit.

If a use permit is required, the Director may deny an application for the use permit if the Director makes Written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for pr eventing the adverse impact. Such decision may be appealed to the Planning Commission.

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

"A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation does not significantly increase the cost of the system or decrease its efficiency or specified performance in excess of the standards set forth below in Subsection B.5.a and b of this subsection.

Modification/waiver of standards. The Director may modify the standards in Subsection E, below, if the Director determines that the application of the standards would significantly increase the cost of the solar energy system or significantly decrease its efficiency or specified performance. In determining whether a standard significantly increases costs or decreases efficiency, the Director shall be guided by the following criteria contained in California Civil Code Section 714(d):

For solar domestic water heating systems or solar swimming pool heating systems, "significantly" means an amount exceeding 10% of the cost of the system or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as specified and proposed in the completed application.

For photovoltaic systems, "significantly" means an amount not to exceed $1,000 over the cost of the solar energy system included in the completed application or a decrease in system efficiency of an amount exceeding 10%, as specified and proposed in the completed application.

Appeal. The final decision of the Director to issue a zoning clearance for the installation of a solar energy system may be appealed in compliance with Chapter 17.715 (Appeals), except that in reviewing the appeal, the review authority shall be guided by the criteria in this section. Therefore, the appeal hearing shall not be deemed a public hearing and shall not be subject to the notice and requirements applicable to public hearings.

Protection of solar access. In compliance with the Solar Shade Control Act (Public Resources Code Section 25980 et seq.), a structure, fence, or wall shall not be constructed or modified, and vegetation shall not be placed or allowed to grow after the effective date of this chapter, so as to obstruct more than 10% of the absorption area of a solar energy system on a neighboring parcel at any time.

Equipment standards. Solar energy systems shall comply with the following standards.

Water heating systems. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation or other nationally recognized certification agency. The certification shall be for the entire solar energy system and installation.

Photovoltaic systems. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronic Engineers, and accredited testing laboratories (e.g., Underwriters Laboratories) and where applicable, rules of the Public Utilities Commission regarding safety and reliability.

Installation and placement guidelines. The installation and construction of a solar energy system shall be subject to the following installation and placement guidelines. Solar energy system installation and placement shall also comply with all applicable standards and guidelines provided in the Municipal Code:

A solar energy system shall provide power for the principal use and/or accessory use of the property on which the solar energy system is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.

A solar energy system connected to the utility grid shall provide written authorization from the local utility company to the City, acknowledging and approving the connection.

A solar energy system may be roof-mounted or ground-mounted.

A roof-mounted system may be mounted on a principal or accessory structure. A roof-mounted system, whether mounted on the principal or accessory structure, may not exceed the maximum principal structure height or accessory structure height specified for the building type in the underlying zone. In no instance shall any part of the solar energy system extend beyond the edge of the roof.

A ground-mounted system shall not exceed the maximum building height for accessory structures.

The surface area of a ground-mounted system, regardless of the mounted angle, shall be calculated as part of the overall structure coverage.

A ground-mounted system or a system attached to an accessory structure shall not be located within the required front setback.

The minimum solar energy system setback distance from the property lines shall be equivalent to the structure setback or accessory structure setback requirement of the underlying zone.

All mechanical equipment associated with and necessary for the operation of the solar energy system shall comply with the following:

Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other noninvasive plant species which provides a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of Chapter 17.315 (Fences, Walls, and Hedges) may be used.

Mechanical equipment shall not be located within the minimum front setback of the underlying zone.

Mechanical equipment shall comply with the setbacks specified for accessory structures in the underlying zone.

Solar panels shall be placed so that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.

Solar panels shall not be placed in the vicinity of any airport in a manner that would interfere with airport flight patterns. Acknowledgement from the Federal Aviation Administration may be necessary.

All power transmission lines from a ground-mounted solar energy system to any structure shall be located underground.

A solar energy system shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturer's and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy system provided they comply with the sign regulations provided in Chapter 17.335 (Sign Regulations).

A solar energy system shall not be constructed until the appropriate building/zoning permits have been approved.

§ 17.430.350 Vehicle Storage and Towing and Storage.

The design of the solar energy system shall conform to applicable industry standards. The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and the design shall be certified by an Engineer registered in the State of California.

14.

The City shall not condition approval of an application for a solar energy system on the approval of an association, as defined in Section 4080 of the Civil Code.

Applicant obligation. Prior to submitting an application, the applicant shall:

Verify, to the applicant's reasonable satisfaction, through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

At the applicant's cost, verify to the applicant's reasonable satisfaction, using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

Small residential rooftop solar system requirements; expedited permitting.

A solar energy system that qualifies as a small residential rooftop solar energy system, as defined in this section, shall be processed in accordance with the terms of Subsections G through I of this section.

A small residential rooftop solar energy system shall meet applicable health and safety standards and requirements imposed by the state and the City, local fire department or district.

The Director shall, prior to September 30, 2015, adopt an administrative, nondiscretionary expedited review process for small residential rooftop solar energy systems, which shall include standard plan(s) and checklist(s). The checklist(s) shall set forth all requirements with which small residential rooftop solar energy systems must comply with to be eligible for expedited review.

The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor 's Office of Planning and Research. In the case of a conflict between the terms of Subsection E of this section, and the checklist and standard plans, the checklist and standard plans shall govern.

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on a publicly accessible City website.

Electronic submittal of the required permit application and documents by electronic means shall be made available to all small residential rooftop solar energy system permit applicants. The City's website shall specify the permitted method of electronic document submission.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

Application review for small rooftop solar energy systems.

An application that City staff determines satisfies the information requirements contained in the City's checklist(s) for expedited small residential rooftop solar system processing, including complete supporting documents, shall be deemed complete.

If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

After City staff deems an application complete, City staff shall review the application to determine whether the application meets local, state, and federal health and safety requirements.

Unless the Director determines a use permit is warranted, City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist, standard plan and this section.

T he Director may require an applicant to apply for a use permit (in accordance with the terms of Subsection B.4.b above) if the Director finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decision, or a decision to deny a use permit, may be appealed to the Planning Commission.

Inspections for small residential rooftop solar energy systems.

Only one inspection shall be required and performed by the Building Department for small residential rooftop solar energy systems eligible for expedited review.

The inspection shall be done in a timely manner.

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. 24-13, 10/1/2024)

[1]

Editor's Note: See Califronina Civil Code §§ 714 and 801.5, Government Code § 65850.5 and Public Resources Code § 25980..

§ 17.430.340 Tobacco Stores.

Purpose. The purpose of this section is to prohibit head shops and smoking lounges, and to regulate the location and operation of tobacco stores in the City to maintain the City's character, the diversity and vitality of the City's commercial areas, and the quality of life of City residents.

Definitions. For purposes of this section, the following terms shall have the following definitions:

Drug Paraphernalia.

Shall have the meaning specified in Health and Safety Code Section 11014.5, and as that section may be amended from time to time.

Head Shop.

A retail outlet that receives 50% or more of its gross revenues from the sale of drug paraphernalia or occupies 50% or more of the net floor area of the store for the sale or display of synthetic cannabinoid compounds or derivatives as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.

Hookah.

A glass or metal water pipe usually decorated and shaped somewhat like a bottle or small tank, with a long, flexible cord pipe, also known as a hubble bubble, nag, nargile, shisha, and Turkish water pipe.

Hookah Lounge.

An area of a commercial establishment, whether enclosed, indoor or outdoor, designated specifically for the use of hookahs, but does not include the private use of hookahs in personal residences, if otherwise in compliance with applicable law.

Person.

Any natural assignee, cooperative association, corporation, partnership, person, personal representative, receiver, trustee, or any other legal entity.

Smoking Lounge.

A business establishment that is dedicated, in whole or in part, to the inhalation of tobacco products including but not limited to establishments known variously as cigar lounges, hookah lounges, private smoker's lounges, tobacco bars, or tobacco clubs.

Tobacco Paraphernalia.

Any device, product, equipment, or material of any kind that is intended or designed for use for smoking, inhaling, or ingesting tobacco, notwithstanding that the device, product, equipment, or material may also be used for smoking, inhaling, or ingesting any controlled substance. Tobacco paraphernalia shall include, but is not limited to, all of the following:

Bongs;

Blunt wraps, as defined in Penal Code Section 308;

Chillums;

Cigarette papers or wrappers;

Cigarette rolling machines;

Hookahs and similar devices constructed with a receptacle or container in which water or some other liquid may be placed into which smoke passes and is cooled in the process of being inhaled or ingested;

Ice pipes or chillers;

Metal, acrylic, ceramic, glass, ivory, plastic, stone, or wooden pipes with or without screens, permanent screens, hashish heads, or punctured bowls; and

Water pipes.

Tobacco Product

means:

Any substance containing tobacco leaf, including, but not limited to chewing tobacco, cigars, cigarettes, dipping tobacco, pipe tobacco, snuff, bid is, or any other preparation of tobacco; and

Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any product specifically approved by the Federal Food and Drug Administration for use in treating nicotine or tobacco product dependence.

Tobacco Store.

A retailer or wholesale business or any person which a) sells, offers for sale, or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia, and b) has 15% or more of the square feet in the establishment used for the sale or display of tobacco products or tobacco paraphernalia.

Head shops and smoking lounges prohibited. It is unlawful for any person to cause or permit the creation of, or operate, a head shop or smoking lounge. The operation of a head shop or smoking lounge shall constitute a public nuisance subject to abatement under this Development Code.

Tobacco stores - conditional use permit required. It shall be unlawful for any person to cause or permit the creation or substantial enlargement of a tobacco store without first obtaining and maintaining a conditional use permit, in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits). The operation of a tobacco store without a valid conditional use permit shall constitute a public nuisance subject to abatement under this Development Code.

Tobacco stores - permit application requirements. All conditional use permit applications for establishment of a tobacco store shall include the following information in addition to information generally required by the City and as specified in the Department handout for conditional use permit and minor use permit applications:

The name, address, and telephone number of each person with an ownership or managerial interest in the tobacco store.

The business name, address, and telephone number of the single fixed location for which a conditional use permit is sought.

Proof that the location for which a conditional use permit is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.

Proof that every person with an ownership or managerial interest in the proposed tobacco store has been issued a valid tobacco retailer's license by the County of Riverside.

Other information as the Director deems necessary for the administration or enforcement of this section.

Tobacco stores - permit findings. In addition to the required findings for a conditional use permit as specified in Chapter 17.605 (Conditional Use Permits and Minor Use Permits), no conditional use permit shall be issued for a tobacco store unless all of the following findings are first made by the applicable review authority:

The tobacco store will be located in the CG or CR Zones;

The tobacco store will meet all of the following minimum spacing requirements. All measurements shall be taken from nearest property line to nearest property line.

The tobacco store will be at least 1,000 feet from any other tobacco store or retail establishment that typically offers tobacco or tobacco related products;

The tobacco store will be at least 1,000 feet from any public or private school where minors are present;

The tobacco store will be at least 1,000 feet from any child care center, park, library, commercial establishment that has an on-site children's playground, or places where classes or group activities for children are held;

The tobacco store will be at least 1,000 feet from any places of worship; and

The tobacco store will be at least 1,000 feet from any residentially zoned property.

The tobacco store is in substantial compliance with the requirements of all applicable adopted Building Codes; and

The tobacco store is in substantial compliance with the development standards for the zone in which it is to be located.

Tobacco stores - conditions of approval. A conditional use permit granted in compliance with this section shall contain all of the following conditions of approval.

The tobacco store shall not sell any tobacco products or tobacco paraphernalia to any person without first examining the purchaser's identification if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the tobacco product or tobacco paraphernalia.

The tobacco store shall not employ any person who is younger than the minimum age in state law for being sold or for possessing any tobacco product or tobacco paraphernalia.

No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or vending machine.

Fixed security bars may not be installed over windows and glass panels in doors. Security bars shall be rolled back during the tobacco store's operating hours.

No smoking shall be permitted anywhere on the premises of the tobacco store.

No more than 10% of the floor area of the tobacco store, or eight square feet of shelf space, whichever is less, shall be devoted to the display of tobacco paraphernalia.

Violation of any condition of approval shall constitute a public nuisance subject to abatement under this Development Code.

The tobacco store shall not sell any drug paraphernalia, or synthetic cannabinoid compounds or derivatives, as defined in Health and Safety Code Section 11357.5, psychoactive bath salts, and/or any other similar psychoactive substances labeled as not safe for human consumption.

Tobacco products shall be sold in the original packaging provided by the manufacturer.

Tobacco stores - permit not transferrable.

Notwithstanding Section 17.660.060 (Permits to Run with the Land), a conditional use permit for a tobacco store applies only to the location for which it is granted and only to the persons to whom it is granted.

If the business is sold, the new owner(s) shall apply for and obtain a new conditional use permit for that location before assuming the operation of the tobacco store.

If the owner(s) of a tobacco store desire to move the location of their tobacco store, the owner(s) shall first apply for and obtain a new conditional use permit for that new location.

Tobacco stores - permit revocation. A conditional use permit granted in compliance with this section may be revoked, in compliance with Section 17.725.070 (Revocation or Modifications), after a public hearing is held on the matter if any of the following grounds for revocation exists:

The permit was obtained by fraud.

The property has ceased to be used as a tobacco store for a period of 180 days or more, or the ownership has changed without obtaining a new conditional use permit.

The City issued business license has been expired for a period of 60 days or more, whether or not the business remains in operation.

The conditional use permit is being, or recently has been, exercised contrary to its terms or conditions, or in violation of any local, state or federal law.

The California Board of Equalization has revoked or suspended the tobacco retailer's license for the location.

One or more of the owner(s) of the tobacco store no longer have a valid tobacco retailer's license from the county.

(Ord. 24-13, 10/1/2024)

This section provides standards for the establishment of vehicle storage and towing and storage uses, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Pre-existing uses. A legally established vehicle storage and towing and storage uses that becomes nonconforming upon adoption of this section shall be allowed to continue subject to Chapter 17.705 (Nonconforming Parcels, Structures, and Uses).

Operational Standards.

The vehicle storage and towing and storage uses shall be as defined in Article 8 (Definitions) - Alvehicle storage (land use) and vehicle services (land use), towing and storage.

All vehicles within the vehicle storage and towing and storage yards shall have ground contact of all wheels. No stacking of vehicles shall be permitted.

All other applicable requirements of the underlying zone, and any applicable combining/overlay zone or specific plan, whichever is most restrictive, shall prevail and other requirements as may be imposed by the review authority pursuant to the discretionary permit process.

The business shall be operated in compliance with the provisions of Noise Control (Chapter 8.40 of the San Jacinto Municipal Code).

All areas shall be maintained in good repair, in a clean, neat and orderly condition.

Design and Development standards.

The use shall not be located closer than 300 feet to any property in a residential, mixed use, office, or commercial zone, as measured from property line to property line.

The vehicle storage, impound or tow storage yard shall be entirely enclosed by an eight-foot-high decorative masonry wall pursuant to Chapter 17.315 (Fences, Walls, and Hedges) and City's Landscape and Design Guidelines on streets classified as major or higher in the General Plan.

Setbacks shall be in compliance with the underlying zone except that a minimum twenty-foot landscaped setback shall be provided along all street frontages.

All landscaping shall be designed in accordance with Chapter 17.325 - Water Efficient Landscaping and Irrigation.

The surface of the storage yard shall be covered with slate, slag or alternate dust-, weed- and mud-retardant material acceptable to the review authority. Any stormwater or other runoff from the site shall be contained on the site and disposed of through an on-site drainage system, in conformance with City regulations to enforce the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit.

The use shall be designed in compliance with the performance standards of Chapter 17.300 (Performance Standards) of the Development Code.

The use of metal buildings shall be in compliance with Section 17.305.080 (Metal Building and Structures).

Parking shall be in compliance with Chapter 17.330 (Off-Street Parking and Loading Standards).

Signs shall be in compliance with Chapter 17.335 (Sign Regulations).

§ 17.430.370 Wireless Telecommunication Facilities.

All applicable standards of Chapter 17.305 (Development and Use Standards) shall apply.

Modifications. Modifications to the above operational and design and development standards, even those found in other sections of the Development Code, may be considered in conjunction with a minor use permit.

(Ord. 24-13, 10/1/2024)

§ 17.430.360 Wind Energy Systems.

This section provides standards and procedures for the approval, installation, and operation of noncommercial wind energy systems, where allowed in compliance with Article 2 (Zones, Allowable Land Uses, and Zone-Specific Standards).

Permit application and processing.

Permit requirements. The permit application shall include all information required in Chapter 17.605 (Conditional Use Permits and Minor Use Permits) Chapter 17.325 (Water Efficient Landscape and Irrigation), and the following:

Standard drawings and an engineering analysis of the system's tower, showing compliance with the Uniform Building Code (UBC), and certification by a California-licensed professional mechanical, structural, or civil engineer. A "wet stamp" shall not be required on the drawings and analysis if the application demonstrates that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with a soil strength of not more than 1,000 pounds per square foot.

A drawing of the system's electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

Information demonstrating that the system will primarily be used to reduce on-site consumption of electricity.

Evidence that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that the system will not be connected to the electricity grid.

Evidence that the proposed height of the windmill tower does not exceed the height recommended by the manufacturer or distributor of the system.

Notice to adjacent property owners. Notice of an application to install a wind energy system shall be provided to all property owners located within a 300-foot radius of the exterior boundaries of the subject parcel.

Required findings for approval. In approving the permit for a wind energy system, the review authority shall first find the following, in addition to the findings required for permit approval in Chapter 17.605 (Conditional Use Permits and Minor Use Permits):

The location and design of the system will not produce excessive visual impact; or

The system will not be the dominant visual feature on a ridgeline when viewed from a public right-of-way,

Minimum site area. A wind energy system may only be located on a parcel of one acre or larger in size.

Maximum number. A maximum of one wind energy system shall be approved on a single parcel.

Limitations on location. A wind energy system shall be:

Located a minimum of 500 feet away from another wind energy system; and

Set back a minimum distance equal to the tower height plus the length of one blade (the turbine's "total extended height") from the property line, habitable neighboring structures, utility lines, and public right-of-ways.

Noise.

Decibel levels for the wind energy system shall not exceed the lesser of 60 decibels (dBA), or any existing maximum noise levels applied in compliance with Municipal Code Chapter 8.40 (Noise) and the Noise Element of the General Plan, as measured at the nearest property line, except during short-term events, such as utility outages and severe windstorms. The Director may require submittal of an acoustical analysis report prepared by a qualified acoustical consultant. The report shall address whether wind turbine operations will generate low-frequency noise or infrasound, a steady pure tone, repetitive impulsive sounds, or some combination of these.

In the event that noise levels, resulting from a proposed development, exceed the criteria listed above, a waiver to noise levels may be granted by the review authority provided that the following has been accomplished:

Written consent from the affected property owner(s) has been obtained stating that they are aware of the proposed development and the noise limitations imposed by this Development Code, and that they grant their consent to allow noise levels to exceed the maximum allowable limits; and

A permanent noise impact easement has been recorded in the County Public Records that describes the benefited and burdened properties and advises all subsequent owners of the burdened property that noise levels in excess of those permitted by this Development Code may exist on or at the burdened property. The City Attorney shall approve the form and content of any proposed noise impact easement.

Height. Tower heights of not more than 80 feet shall be allowed on parcels between one and five acres. Tower heights of not more than 100 feet shall be allowed on parcels above five acres. All tower heights shall not exceed the applicable limits established by the Federal Aviation Administration. An application shall include evidence that the proposed height of a tower does not exceed the height recommended by the manufacturer or distributor of the system.

Equipment standards.

Maximum capacity. A wind energy system (i.e., a wind turbine, a tower, and associated control or conversion electronics) may have a maximum rated capacity of 100 kW and shall be intended to primarily reduce on-site consumption of utility power.

Turbine standards. The proposed turbine shall have been approved by the California Energy Commission (CEC) as qualifying under the Emerging Renewables Fund of the CEC's Renewables Investment Plan, or certified by a national program recognized and approved by the CEC.

(Ord. 24-13, 10/1/2024)

This section establishes development standards consistent with federal law to regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City; promote the aesthetic appearance of the City; ensure public safety and welfare; pursue additional benefits from the facilities to the public by encouraging the leasing of publicly owned properties where feasible for the development of telecommunication facilities; and to acknowledge and provide the community benefit associated with the provision of advanced telecommunication services within the City.

Two-level review process. Proposed wireless telecommunication facilities shall be subject to one of the following review and approval processes:

Site plan and design review. Proposed wireless telecommunication facilities shown as "P" in the land use tables in Article 2 (Allowable Land Uses, and Zone-Specific Standards) shall comply with all of findings specified in Subsection B (Site plan and design review), below, and the design standards and guidelines outlined in Subsections E (Development and design guidelines) and Subsection F (Major highways), below, in compliance with Chapter 17.630 (Site Plan and Design Review).

Conditional use permit. Proposed wireless telecommunication facilities shown as "MUP" or "CUP" in the land use tables in Article 2 (Zones, Allowed Land Uses, and Zone-Specific Standards) shall require a minor use permit or conditional use permit in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) and shall comply with all of the design standards and guidelines outlined in Subsections E (Development and design guidelines) and Subsection F (Major Highways), below. The applicable review authority may grant modifications to specified standards and/or guidelines.

Site plan and design review. Site plan and design review and landscape and irrigation review [see Chapter 17.325 (Water Efficient Landscape and Irrigation)] may be approved for wireless telecommunication facilities only if all of the following findings can be made:

The antenna are located in a commercial or industrial zone;

Building-mounted or roof-mounted antenna do not exceed 15 feet in height and are architecturally screened from public view;

Antenna are stealth design in connection with a structure (e.g., buildings, water tanks, telephone and utility towers, poles, signs, traffic signals, light standards, roadway overpasses, etc.) so as not to be recognized as an antenna;

Support equipment is located within a completely enclosed structure or otherwise screened from public view;

Antenna meet all of the applicable development standards within the applicable zone as required by this Development Code; and

Antenna will be, if reasonably possible, collocated with an existing site (e.g., a utility substation, cellular facility. etc.).

Conditional use permit review. The following wireless telecommunication facilities shall require approval of a conditional use permit and landscape and irrigation review pursuant to Chapter 17.325 (Water Efficient Landscape and Irrigation):

Ground-mounted antenna (monopole);

Proposed facilities that create more than a minimal visual impact on surroundings as determined by the Director. In determining where more than a minimal visual impact exists, the following factors should be considered: location of facility, size and view of facility from adjacent properties and contrast between the facility and other external structural equipment attached to the facility;

Facilities located within the line of sight of any scenic corridor; and

New facilities that may later have facilities co-located with them ("base facilities") in compliance with Government Code Section 65850.6 (b)(4).

Location guidelines.

The preferred order for location of wireless telecommunication facilities is as follows:

Industrial zones - BP, IH, and IL; and then

Commercial zones - CD, CG, CN, CR, and OP. If proposed within a specific plan (SP) zone, the preferred land use designation order of placement is:

Industrial zones.

Business park zones.

Commercial zones.

Residential zones - RE, RR, RL only.

Wireless telecommunication facilities may be approved within a residential zone, provided that the property is not developed with a single-family dwelling unit. Consideration of potential impacts on any residential property will be evaluated.

Wireless telecommunication facilities shall:

Be colocated with another structure, where appropriate;

Utilize stealth designs and technologies; and

Be roof-mounted or wall-mounted as an integral architectural element on an existing structure.

The applicant shall investigate the feasibility of co-locating additional antenna on the tops of buildings, on existing monopoles, and/or clustering facilities. If colocation or clustering is not possible in the case of a particular proposal, the applicant shall submit evidence at the time of the submittal. With the submittal of the conditional use permit application, the applicant shall submit a copy of the appropriate portion of the tentative lease agreement indicating that no exclusive agreements have been made to prevent future carriers to locate on the same site or facility, as well as submit a design plan that does not preclude the installation of additional antenna by other owners.

Monopoles shall be separated by a minimum distance of 1,000 feet from any existing monopoles, as measured in a straight line.

Development and design standards and guidelines. Applications for wireless telecommunication facilities shall be submitted to the Department and shall be reviewed for compliance with all applicable design standards and guidelines.

All individuals, companies, and providers of wireless telecommunication facilities shall provide a master plan of all existing and proposed sites. The plans shall indicate the type of facility, its height above ground level, associated support structures, and its cell coverage.

Support structures shall be screened from public view by locating them next to tall structures or placing them near existing tall trees. Where applicable, the support structures shall be screened from public view with dense landscaping.

Wireless telecommunication facilities shall meet all of the applicable setbacks and height regulations of the underlying zone, with the exception of a stealth monopole tower, which may exceed the height limitation of the underlying zone by up to 10 feet.

Wireless telecommunication facilities may be designed as part of, or within, a piece of public art (e.g., an entry monument, etc.) or within an historical structure for public benefit.

The height of the support structures shall be the minimum necessary to provide the required coverage. However, an antenna mounted on a wireless telecommunications facilities or its support structure consisting of a stealth monopole shall not exceed the maximum allowable height in any underlying zone by more than 10 feet.

Safety lighting or colors, if prescribed by the City or other approving agency (i.e., Federal Aviation Administration), may be required for support structures.

Support structures shall be either galvanized steel or painted an unobtrusive color to neutralize and blend with surroundings. Where an equipment structure accompanies the support structure, it shall be designed, colored and textured to match adjacent architecture or blend in with surrounding development.

A proposed wireless telecommunication facility shall not create any nonconformity on the site (i.e., reduction in parking, landscaping, loading zones; and/or elimination of loading zones). Wireless telecommunication facilities shall be installed and maintained in compliance with the California Building Code, California Electrical Code, and other applicable codes, including noise regulations in specified Section 17.300.060 (Noise).

No existing or future wireless telecommunication facility shall interfere with any public safety radio communications system. If the facilities are found to interfere with a public safety radio communications system, or any system facilitating the transmission or relay of voice or data information for public safety, the facility operator shall immediately cease operation of the wireless telecommunication facilities. Operation of the facility shall only be allowed to resume upon removal or other resolution of interference to the satisfaction of the City.

Whip and microwave dish antenna shall be integrated into the design of the structure and/or fully screened from public view.

Utilities shall be installed underground.

A fence of at least eight feet in height from finished grade shall be installed in order to enclose the base of the antenna supporting structure and associated equipment enclosures. Access to the antenna supporting structure shall be controlled by a locked gate. The fence shall be constructed in compliance with Chapter 17.315 (Fences, Walls, and Hedges), except that chain link construction may be allowed if located in the rear portion of the facility and not visible from a public right-of-way.

Temporary monopoles, if associated with an approved wireless telecommunication facility, may be allowed if justified to the satisfaction of the Director for a period of up to 90 days, provided that screening shall be installed to prevent view of the monopole and related facilities from any and all public rights-of-way.

14.

Towers or monopoles without stealth treatment for concealment shall be prohibited.

15.

The facility operator and/or property owner shall maintain the facility in an appropriate manner consistent with the original approval of the wireless telecommunication facility.

16.

If use of the wireless telecommunication facility is discontinued for a period of 180 days or more, all City approvals shall lapse and all equipment related to the wireless telecommunication facility shall be dismantled and removed from the subject parcel within 30 days of discontinuance.

17.

Signage.

No signs shall be placed on antenna supporting structures, ancillary appurtenances, equipment enclosures, or on any fence or wall required/allowed by this section.

If high voltage is necessary for the operation of proposed wireless telecommunications facilities, "High Voltage—Danger" and "No Trespass" warning signs not greater than one square foot in area shall be permanently attached to the fence or wall at intervals of at least 40 feet and upon the access gate.

A sign not greater than one square foot in area shall be attached to the access gate that indicates the following information:

Federal registration number, if applicable;

Name of owner or contact person; and

Substantially change the physical dimensions.

Emergency contact number.

Major highways. The following additional standards and conditions shall apply to wireless telecommunication facilities located within 1,000 feet of the ultimate right-of-way of roadways identified in the General Plan Mobility Element as a freeway, limited access conventional highway (six or eight lanes), urban arterial, or arterial.

A monopole tower shall utilize stealth design and be set back a minimum of 200 feet from the ultimate right-of-way of any roadway identified in the General Plan Mobility Element as a freeway, limited access conventional highway (six or eight lanes), urban arterial, or arterial; except in cases of co-location with existing wireless telecommunications facilities approved before adoption of this regulation on June 4, 2009.

A wireless telecommunication facility shall be located near existing or proposed trees, vegetation, buildings/structures, or other features on the project site that would aid in providing screening and concealment. To provide screening and concealment, at least two new forty-eight-inch box trees of similar appearance to a stealth monopole tower shall be provided in close proximity to the facility, as well as suitable landscaping (e.g., bushes, shrubs, vines on fences or walls, etc.). Trees on the project site within 100 feet of the facility may be reasonably trimmed and pruned, but shall be maintained at a height that is consistent with the height of a stealth monopole tower, and shall not be removed unless recommended by an arborist due to disease. Any removed tree shall be replaced with at least one forty-eight-inch box tree.

Modification of existing wireless telecommunications facilities.

For purposes of this Subsection G, the following definitions shall apply:

Base station.

The power supplies, electronic equipment, and antennas at an existing wireless tower site that together comprise a wireless telecommunications facility for purposes of this subsection.

A single change, or a series of changes over time (whether made by the same or different entities) viewed against the physical dimensions (including but not limited to the height, circumference, or width) of the wireless telecommunication facility or base station approved as part of the original permit for the wireless telecommunication facility or base station, that would have any of the effects described below:

Changing any physical dimension of the wireless telecommunication facility or base station in a manner that creates a safety hazard, whether from wind loading, stress on the wireless telecommunication facility or base station, or in any other manner;

Changing any physical dimension of a wireless telecommunication facility or base station, where the changes would be inconsistent with the design of the wireless telecommunication facility or base station, or make the wireless telecommunications facilities more visible;