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9. Any antenna or wireless telecommunications facility that is exempt from local regulation pursuant to the rules and regulations of the Federal Communications Commission (FCC) or a permit issued by the California Public Utilities Commission (CPUC). The owner or operator of such facility shall provide the Director with a copy of a current FCC or CPUC permit or a copy of applicable FCC regulations prior to its installation; and
10. Minor deviations to existing wireless facilities as determined by the Director that replace existing equipment in-kind or with smaller or less visible equipment, that meet the standards set forth in this Section, and will have little or no change in the visual appearance of the facility.
C. Permits Required.
1. Colocation Facilities. Colocation facilities (California Government Code §65850.6) are allowed by right when proposed on a wireless telecommunications colocation facility that was subject to a discretionary permit issued and an Environmental Impact Report was certified, or a Negative Declaration or Mitigated Negative Declaration was adopted for the wireless telecommunication colocation facility in compliance with CEQA and the colocation facility incorporates required mitigation measures specified in that Environmental Impact Report, Negative Declaration, or Mitigated Negative Declaration.
2. Eligible Facilities Request (EFR). For Eligible Facilities Requests, colocation of new transmission equipment, removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the modification of an existing tower or base station does not substantially change the physical dimensions of the tower or base station.
3. Telecommunication Facility, Major. Non-exempt major telecommunication facilities (see Chapter 17.E.02 (Definitions of Terms)) are permitted subject to Conditional Use Permit.
4. Telecommunication Facility, Minor. Non-exempt minor telecommunication facilities (see Chapter 17.E.02 (Definitions of Terms)) are permitted subject to a Minor Use Permit.
D. Application Requirements and Review Process. The following are the minimum criteria applicable to all telecommunication facilities. In the event that a project is subject to discretionary and/or environmental review, mitigation measures, more restrictive criteria than presented in this Section, other conditions of approval may also be necessary. All telecommunication facilities shall comply with:
1. Application Requirements.
a. Filing. An application for approval of a telecommunication facility shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
b. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of findings required for the approval of the telecommunication facility, including the findings required by this Section and Chapter 17.D.02 (Procedures).
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-159
2. Expert Review. The Director is explicitly authorized to hire on behalf of the City an independent technical expert to review any technical materials submitted including, but not limited to, those required under this Section and in those cases where a technical demonstration of feasibility or unavailability of alternatives is required. The applicant shall pay all the costs of the review, including any administrative costs incurred by the City. Any proprietary information disclosed to the City or the expert hired shall remain confidential and shall not be disclosed to any third party.
3. Public Notice. In addition to the public notice required in Subsection 17.D.02.040.F (Public Hearing Notice) the following special noticing requirements apply:
a. Notice of a public hearing on a Conditional Use Permit application as required in this Section shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel by mailing the standard legal notice by first class mail.
b. Notice of any application for a telecommunication facility shall be mailed to all adjacent property owners within 300 feet. The notice shall include the date by which public comments regarding the application shall be submitted for consideration and the date of the scheduled public hearing or date that the Director shall make a determination on the application.
4. Required Findings.
a. General findings. In approving any telecommunication facility except for a colocation facility request or an eligible facilities request, the Review Authority shall make the following findings:
(i) The proposed use conforms with the specific purposes of this Section and any special standards applicable to the proposed facility; (ii) The applicant has made good faith and reasonable efforts to locate the proposed facility on a support structure other than a new ground- mounted antenna or to accomplish colocation;
(iii) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
(iv) The proposed facility uses a stealth design.
b. Additional findings for a major facility. To approve a major telecommunication facility, the Review Authority shall find that a minor telecommunication facility is not feasible because of technical, aesthetic, or legal considerations including that the siting:
(i) Would have more significant adverse effects on views or other environmental considerations;
(ii) Is not permitted by the property owner;
(iii) Would impair the quality of service to the existing facility; or (iv) Would require existing facilities at the same location to go off-line for a significant period of time.
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c. Findings for colocation facilities requests. The proposed colocation facility meets the requirements of Subsection 17.C.10.270.C.1 (Colocation Facilities). d. Findings for eligible facilities requests.
(i) The proposed colocation or modification meets all of the applicable criteria for an eligible facilities request stated in 47 C.F.R. §1.6100(b)(3)- (9), or any successor provisions, after application of the definitions in 47 C.F.R. §1.6100(b). The Review Authority shall make an express finding for each criterion;
(ii) The proposed facility complies with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. §1.6100(b)(7)(i) through (iv), or any successor provisions; and (iii) That the proposed facility will comply with all generally applicable laws. e. Additional findings for setback reductions. Except for a colocation facility request or an eligible facilities request, to approve a reduction in setback, the Review Authority shall make one or more of the following findings:
(i) The facility will be colocated onto or clustered with an existing, legally established telecommunication facility; and/or
(ii) The reduced setback enables further mitigation of adverse visual and other environmental impacts than would otherwise be possible. f. Additional findings for any other exception to standards. The Planning Commission may waive or modify requirements of this Section upon finding that strict compliance would result in noncompliance with applicable federal or state law. Requirements may be waived or modified only to the minimum extent required to avoid the noncompliance. An applicant seeking an exception must provide all supporting evidence for the exception request at the time of application submittal.
5. Conditional Use Permit Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to all of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Facilities shall not deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The City shall be allowed reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting, and public signage. b. At all times, all required notices and signs shall be posted on the site as required by the FCC and CPUC, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-161 c. At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards, including, but not limited to, radio frequency emissions standards adopted by the FCC.
d. The permittee and owner of any site on which a telecommunication facility is located shall cooperate and exercise good faith in colocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of colocation and may include negotiations for erection of a replacement support structure to accommodate colocation. A competitive conflict to colocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
(i) No colocation may be required where it can be shown that the shared use would or does result in significant interference in the broadcast or reception capabilities of the existing telecommunication facilities or failure of the existing facilities to meet federal standards for emissions. (ii) Failure to comply with colocation requirements when feasible or cooperate in good faith as provided for in this Section is grounds for denial of a permit request or revocation of an existing permit. e. Within one month after construction of the wireless telecommunications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the Director. If at any time while the permit is in effect the Director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the Director may require the permittee to submit a report described by this Section.
Failure to comply with this Section shall be grounds for revocation of the Conditional Use Permit.
f. Within 60 days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the Director with documentation that the permitted facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations and a technically sufficient written report by a qualified radio frequency emissions engineer certifying that the facility is in compliance with the radio frequency emissions guidelines or standards of the FCC.
6. Conditions of Approval for Colocation Facilities Requests. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as a colocation facility request shall be subject to the terms and conditions of the underlying permit.
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b. No permit term extension. The City’s grant or grant by operation of law of a permit for a colocation facility will not extend the permit term for the permit for the underlying wireless telecommunication colocation facility or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject wireless telecommunication colocation facility.
7. Eligible Facilities Requests Conditions of Approval. In addition to compliance with the requirements of this Section, all facilities shall be subject to each of the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the Review Authority:
a. Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit.
b. No permit term extension. The City’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station.
Notwithstanding any permit duration established in another permit condition, the City’s grant or grant by operation of law of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.
8. Life of Approvals.
a. A Conditional Use Permit issued in accordance with to this Section authorizing establishment of a telecommunication facility must be renewed every 10 years through the approval process specified in Section 17.D.04.030 (Use Permits). The grounds for non-renewal shall be limited to a showing that one or more of the situations listed below exist:
(i) The use involved is no longer allowed in the applicable zone; (ii) The facility fails to comply with the relevant requirements of this Section as they exist at the time of renewal and the permittee has failed to supply assurances acceptable to the Director that the facility will be brought into compliance within 120 days; and
(iii) The permittee has failed to comply with the conditions of approval imposed.
b. The grounds for appeal of issuance of a renewal shall be limited to a showing that one or more of the situations listed above does in fact exist or that the notice required under Subsection 17.C.10.270.D.3 was not provided.
9. Standard Agreement Required.
a. The property owner(s) and the permittee shall enter into a performance and maintenance agreement with the City. The terms of the agreement shall:
(i) Ensure compliance with this Section and all applicable conditions of approval;
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-163 (ii) Require the facility to be appropriately maintained; (iii) Ensure new landscaping is installed and existing landscaping is maintained, preserved, and protected, as indicated on the approved plans; and
(iv) Require the property owners to defend, indemnify, and hold harmless the City.
b. The agreement shall be signed and notarized and submitted to the Department when located on private property. The agreement shall run with the property to ensure that future property owner(s) are aware of the requirement for ongoing maintenance of the existing and approved landscaping.
E. Design and Location Standards. Telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards and with applicable standards of the zone in which they are located.
1. Location and Siting.
a. No new freestanding facility, including a tower, shall be located within 1,000 feet of another freestanding facility, unless mounting on an existing building or existing pole or tower is not feasible.
b. All wireless telecommunication facilities shall meet the building setback standards of the zone in which they are to be located unless findings for a setback reduction are made in accordance with Subsection 17.C.10.270.D.4.e (Additional Findings for Setback Reductions).
2. Support Structures. Support structures for telecommunication facilities may be any of the following subject to owner approval:
a. An existing nonresidential building.
b. An existing structure other than a building, including, but not limited to, light poles, electric utility poles, water towers, smokestacks, billboards, lattice towers, and flag poles. This term includes an electric utility pole erected to replace an existing electric utility pole, if the replacement pole will serve both electric and wireless telecommunications functions, and if the replacement pole is substantially equivalent to the predecessor pole in placement, height, diameter, and profile.
c. An alternative tower structure such as a clock tower, steeple, functioning security light pole, functioning recreational light pole, or any similar alternative-design support structure that conceals or camouflages the telecommunication facility to achieve a stealth design. The term "functioning" as used in this subsection means the light pole serves a useful and appropriate lighting function as well as a wireless telecommunications function.
d. An existing publicly owned and operated tower exceeding the maximum height limit.
e. A single pole (monopole) sunk into the ground and/or attached to a foundation.
Any new monopole shall be constructed to allow for colocation of at least one other similar communications provider.
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3. Height Limitations.
a. Freestanding wireless telecommunications facility. A freestanding wireless telecommunications facility shall not exceed a height of 15 feet above the height limit of the zone in which it is located.
b. Building-mounted facilities. Building-mounted telecommunication facilities shall not exceed a height of 15 feet above the height limit of the district or 15 feet above the existing height of a legally established building, whichever is lower, measured from the top of the facility to the highest point of attachment to the building.
c. Facilities mounted on structures. Telecommunication facilities mounted on an existing structure shall not exceed the height of the existing structure unless camouflaged as part of the structure design, except that antennas may extend up to 15 feet above the height of an electric utility pole. d. Facilities mounted on light poles. A functioning security light pole or functioning recreational light pole shall have a height consistent with existing poles in the surrounding area or height usually allowed for the light poles. e. Height determination.
(i) The height of a telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower itself or, if higher, to the tip of the highest antenna or piece of equipment attached to the tower.
(ii) In the case of building-mounted towers, the height of the tower includes the height of the portion of the building on which it is mounted and to the tip of the highest antenna or piece of equipment attached to the tower. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it can be raised including any antenna or other equipment attached to the tower.
4. Design and Screening. All telecommunication facility structures and equipment shall be located, designed, and screened to blend with the existing natural or built surroundings, as well as any existing support structures, to reduce visual impacts. a. Minimum functional height. All free-standing wireless telecommunications facilities shall be designed to be the minimum functional height and width required to support the proposed antenna installation, unless it can be demonstrated that a higher facility will facilitate colocation. b. Guy wires. Guy wires shall only be used as a means of support for telecommunication facilities 20 feet or less in height. c. Stealth design. State of the art stealth design technology shall be utilized as appropriate to the site and type of facility. Telecommunication facilities that are mounted on buildings or structures shall be designed to match existing architectural features, incorporated in building design elements, camouflaged, or otherwise screened to achieve a stealth design in a manner that is compatible
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-165 with the architectural design of the building or structure. All finishes shall be non- reflective.
d. Equipment cabinets. Equipment cabinets shall be located within the building upon which antennas are placed, if technically feasible. Otherwise, equipment cabinets and buildings, and associated equipment such as air conditioning units and emergency generators, shall be screened from view by a wall or landscaping, as approved by the City. Any wall shall be architecturally compatible with the building or immediate surrounding area.
e. Vegetation protection and facility screening. All telecommunication facilities shall be installed in such a manner so as to maintain and enhance existing native vegetation and to install suitable landscaping to screen the facility where necessary. To this end the following measures shall be implemented:
(i) Existing trees and other vegetation in the vicinity of the facility and along the access roads and power/telecommunication line routes involved shall be protected from damage, both during the construction period and thereafter.
(ii) Where mature trees exist near the construction site, a tree protection plan shall be submitted with the Building Permit or improvement plan submittal. This plan shall be prepared by a certified arborist and include specific measures to protect trees during project construction. (iii) No actions shall be taken subsequent to project completion to disturb, damage, or remove the existing vegetation present that would increase the visibility of the facility itself or the access road and power/telecommunication lines serving it.
f. Lighting. Artificial lighting of a telecommunication facility, including its components, is prohibited, unless required by the Federal Aviation Administration. A motion-sensor light may be used for security purposes if the beam is directed downwards, shielded from adjacent properties, and kept off except when personnel are present at night.
g. Advertising. No advertising shall be placed on telecommunication facilities, equipment cabinets, or associated structures.
h. Colocation of additional wireless facilities on an approved major telecommunications facility.
(i) All facilities shall make available unused space for colocation of other telecommunication facilities, including space for these entities providing similar, competing services. Colocation is not required if the host facility can demonstrate that the addition of the new service or facilities would impair existing service or cause the host to go offline for a significant period of time. In the event a dispute arises as to whether a permittee has exercised good faith in accommodating other users, the Director may require the applicant to obtain a third-party technical study at applicant's expense. The Director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised.
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(ii) All colocated and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. Telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities, and equipment buildings, shall be shared by site users whenever possible.
5. Security Features. All facilities shall be designed to minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. a. Fencing. Security fencing, if any, shall not exceed the fence height limit of the base zone. Fencing shall be effectively screened from view through the use of landscaping. No chain link fences shall be visible from public view. b. Maintenance. The permittee shall be responsible for maintaining the site and facilities free from graffiti.
6. Roads and Parking. All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end, existing roads shall be used for access whenever possible, and be upgraded the minimum amount necessary to meet standards specified by the Fire Chief and City Engineer.
7. Radio Frequency Emissions Standards, Interference, and Noise. a. Radio frequency. Telecommunication facilities shall comply with federal standards for radio frequency emissions and interference. Failure to meet federal standards may result in termination or modification of the permit. b. Interference. Telecommunications facilities shall not interfere with public safety radio communications.
c. Noise. Telecommunication facilities and any related equipment, including backup generators and air conditioning units, shall not generate continuous noise in excess of 40 decibels (dBa) measured at the property line of any adjacent residential property, and shall not generate continuous noise in excess of 50 dBa during the hours of 7:00 a.m. to 10:00 p.m. and 40 dBa during the hours of 10:00 p.m. to 7:00 a.m. measured at the property line of any nonresidential adjacent property. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of 8:00 a.m. and 5:00 p.m.
8. Fire Prevention. All telecommunication facilities shall be designed and operated in a manner that will minimize the risk of igniting a fire or intensifying one that otherwise occurs.
a. At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings.
b. The exterior walls and roof covering of all above-ground equipment shelters and cabinets shall be constructed of materials rated as non-flammable in the Building Code.
c. Monitored automatic fire extinguishing systems shall be installed in all equipment buildings and enclosures.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-167 d. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and wind-blown embers to the extent feasible.
F. Vacation and Removal of Facilities. The service provider shall notify the Director of the intent to vacate a site at least 30 days prior to the vacation. The operator of a telecommunications facility shall remove all unused or abandoned equipment, antennas, poles, or towers within 60 days of discontinuation of the use and the site shall be restored to its original, pre-construction condition.
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Chapter 17.C.12 Affordable Housing Incentives and Density Bonus Provisions
Sections:
17.C.12.010 Purpose ............................................................................................................. 17.C-168
17.C.12.020 Definitions ........................................................................................................ 17.C-168
17.C.12.030 Implementation ................................................................................................ 17.C-168
17.C.12.040 Types of Incentives Allowed ............................................................................. 17.C-168
17.C.12.050 Requirements ................................................................................................... 17.C-169
17.C.12.060 Development Standards ................................................................................... 17.C-170
17.C.12.070 Processing of Density Bonus Requests ............................................................. 17.C-171
17.C.12.080 Density Bonus Housing Agreement .................................................................. 17.C-171
17.C.12.090 Changes in State Density Bonus Laws .............................................................. 17.C-172
17.C.12.010 Purpose
The purpose of this Chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with California Government Code §65915 through 65918 (i.e., state density bonus law). In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives and policies of the Housing Element of the City's General Plan.
17.C.12.020 Definitions
All terms used in this Chapter, shall have the meanings established by this Development Code or as superseded by state density bonus law.
17.C.12.030 Implementation
The City shall grant a density bonus and/or incentives or concessions, waivers or reductions of development standards, and/or parking ratios as described in state density bonus law to a qualifying project in compliance with state density bonus law. The provisions of this Chapter shall be administered by the Department consistent with Division 17.A (General) and Division 17.D (Administration and Procedures).
17.C.12.040 Types of Incentives Allowed
A. Types of Incentives. If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by California Government Code §65915(d)(1):
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1. A reduction in site development standards or a modification of the requirements of this Title, which exceed the minimum building standards provided in California Health and Safety Code §18901 through 18949.31 (i.e., State Building Standards). These may include, but are not limited to, one or more of the following:
a. Reduced minimum lot sizes and/or dimensions.
b. Reduced minimum setbacks.
c. Reduced minimum common and/or private outdoor open space. d. Increased maximum lot coverage.
e. Increased maximum building height.
f. Reduced on-site parking standards.
g. Reduced minimum building separation requirements.
h. Other site or zoning requirements applicable to a residential development.
2. Mixed use zoning to allow the project to include nonresidential uses and/or allow residential uses within a nonresidential zone. Approval of mixed use activities in conjunction with the housing development is allowed if other land uses will reduce the cost of the housing development and is consistent with the General Plan.
3. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions.
Permissible incentives include direct financial aid (e.g., redevelopment set-aside, Community Development Block Grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off-site improvements, land, or construction costs.
4. A density bonus of more than that allowed under state density bonus law.
5. Waived, reduced or deferred plan check, construction permit and/or development impact fees (e.g., capital facilities, park, traffic, etc.).
B. Additional Incentives. The approval of an additional incentive or incentives above that required by state density bonus law shall be determined on a case-by-case basis by the Review Authority.
17.C.12.050 Requirements
A. Density Bonus Agreement. The execution of the density bonus housing agreement shall be a condition of any application for a housing development proposed in accordance with this Chapter; see Section 17.C.12.080 (Density Housing Bonus Agreement). The agreement shall be recorded at the applicant's cost as a restriction running with the land on the lot or lots on which the target units will be constructed.
A. Affordability Period. Target units shall remain restricted and affordable to the designated group for a period of 55 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law.
B. Moderate Income For-Sale Units. An applicant shall agree that the initial occupants of the moderate-income units in the condominium project or in the planned development are persons
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and families of moderate income, as defined in California Health and Safety Code §50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in California Health and Safety Code §33334.2(e), that promote homeownership. For purposes of this Subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate-income household was less than the fair market value of the home at the time of initial sale.
C. Certificate of Compliance. The owner shall submit annually, and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit.
D. Tenant Income Statements and Tax Returns. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units.
E. Provide Additional Information. The owner shall provide to the City any additional information required by the City to ensure the long-term affordability of the target units by eligible households.
F. Right to Inspection. The City shall have the right to inspect the owner's project-related records at any reasonable time and shall be entitled to audit the owner's records once a year.
G. Owner Occupancy. All for-sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted.
17.C.12.060 Development Standards
A. Concurrent Construction. Target units shall be constructed concurrently with non-restricted units unless both the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development.
B. Distribution of Units. Target units shall be built on-site wherever possible and when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non-target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. All housing developments shall comply with all applicable development standards, except those standards, which may be modified as provided by this Chapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement.
C. Alternative Development Site. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of this Chapter. Under these circumstances, the applicant shall be subject to the same requirements of this Chapter for the target units to be provided on the alternative site.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.C-171 D. Vehicle Parking Ratios. Upon request of the developer of a housing development qualifying for a density bonus in accordance with this Chapter, the City shall not require vehicle parking ratios, inclusive of handicapped and guest parking, that exceed California Government Code §65915(p).
17.C.12.070 Processing of Density Bonus Requests
An application for a density bonus housing agreement in accordance with this Chapter shall be processed as part of the application for a housing development. An applicant proposing a housing development in accordance with this Chapter shall submit an application for a density bonus housing agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall be provided on the City's application form and include a brief description of the proposed housing development, including the total number of units, target units, density bonus units proposed, and any incentives or waivers being requested.
17.C.12.080 Density Bonus Housing Agreement
A. Agreement Required. A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this Chapter and state density bonus law are satisfied, shall be executed. This density bonus housing agreement (agreement) shall be reviewed and approved by the Director and the City Attorney who shall formulate a recommendation to the review authority for approval.
B. Recordation. Following execution of the agreement by the applicant and the City, the completed agreement (or memorandum thereof) shall be recorded. The conditions contained in the agreement shall be filed and recorded on the lot or lots designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such lots or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.
C. Agreement Contents. At a minimum, the agreement shall include the following:
1. The total number of units proposed within the housing development, including the number of target units;
2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;
3. The location, unit sizes (square feet), and number of bedrooms of target units;
4. Tenure of use restrictions for target units;
5. A schedule for completion and occupancy of target units;
6. A description of any additional incentive being provided by the City;
7. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third-party beneficiaries under the agreement); and
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8. Other provisions to ensure implementation and compliance with this Chapter and state density bonus law.
D. Sale Conditions. In the case of for-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period:
1. Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing).
2. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this Chapter and state density bonus law during the applicable use restriction period. Such instrument or agreement shall be recorded against the lot containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this Chapter and the state density bonus law.
E. Rental Conditions. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period:
1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants;
2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; and
3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit.
17.C.12.090 Changes in State Density Bonus Laws
It is the intent of the Council that the provisions of this Chapter shall be interpreted so as to fulfill the requirements of California Government Code §65915 et seq., notwithstanding changes in state laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this Chapter. Accordingly, it is the further intent of the Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this Chapter, to the maximum extent permitted by law.
Division C: Citywide Standards
Public Review Draft | Beaumont Zoning Code Update | Page 17.C-173 Chapter 17.C.14 No Net Loss Program
Sections:
17.C.14.010 Purpose and Authority ..................................................................................... 17.C-173
17.C.14.020 Requirements ................................................................................................... 17.C-173
17.C.14.030 Development Standards ................................................................................... 17.C-174
17.C.14.040 Processing of No Net Loss Program Density Bonus Requests .......................... 17.C-174
17.C.14.050 No Net Loss Program Density Bonus Agreement ............................................. 17.C-175
17.C.14.010 Purpose and Authority
A. On October 9, 2019, the California Legislature adopted Senate Bill 330 (SB 330) which, among other things, adopted California Government Code §66300, declared a housing crisis in the State of California and imposed certain requirements designed to streamline the construction of new housing, and prevent the loss of existing housing and land available for future residential use, unless replaced in other areas of the affected jurisdiction to ensure no net loss in residential capacity. SB 330 became effective on January 1, 2020.
B. The City desires to ensure its compliance with SB 330 and establish a no Net Loss Program for certain residential projects. This Chapter provides, concurrent with the approval of any change in zone from a residential use to a less intensive or nonresidential use, a density bonus will become available to project applicants subsequently seeking to develop property for residential use within the City. In doing so, the City will ensure that there is no net loss of residential capacity within the City as required by SB 330.
17.C.14.020 Requirements
The City shall grant a density bonus through the No Net Loss Program to projects which meet the criteria in this Section.
A. Lot Size. The project is on a lot of at least one acre, or the applicant is processing an application concurrently with a parcel merger of two or more lots which will create a lot of not less than one acre.
B. Zones. The project takes place in one of the following zones:
1. Residential Traditional Neighborhood (R-TN);
2. Residential Multiple-Family (R-MF);
3. Downtown Residential Multi-Family (DMF);
4. Sixth Street Mixed Use Residential (SSMU-R);
5. Transit Oriented Development (TOD) Overlay; or
6. Downtown Residential Traditional Neighborhood (D-RTN) Overlay.
Division C: Citywide Standards
C. Housing Development. The project requesting the density bonus must be a housing development, consisting of five or more residential units or lots, including single-family, multi-family, or residential mixed-use projects.
D. No Net Loss Program Density Bonus Allowed. The following shall be used to determine the number of No Net Loss Program density bonus units to be granted in accordance with this Chapter:
1. In the R-TN Zone or D-RTN Overlay the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zone and multiplying the result by 1.1 for a 10 percent density bonus.
2. In the R-MF, DMF, SSMU-R, or TOD Overlay zones, the total number of dwelling units allowed under this program shall be calculated by multiplying the maximum density allowed under the applicable zone and multiplying the result by 1.2, for a 20 percent density bonus.
3. Density bonuses in the No Net Loss Program can be combined with other density bonus programs as established in Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or with a program in the Housing Element.
4. In no case shall the number of density bonus units awarded under the No Net Loss Program exceed the number of units in the No Net Loss Unit Bank.
5. No density bonus shall be granted for any nonresidential portion of a residential mixed- use project.
E. Agreement Required. A density bonus agreement shall be required for any project seeking a density bonus as part of the No Net Loss Program.
17.C.14.030 Development Standards
All development standards for the base zone and/or overlay shall be met. Granting of a density bonus does not constitute approval of or grounds for modification or waiver of any development standard or other requirement of this Title. Any variance or modification to standards requested shall be reviewed and processed based on the required findings for those applications regardless of the No Net Loss Program density bonus request.
17.C.14.040 Processing of No Net Loss Program Density Bonus Requests A. Application. Any application required by this Title shall be submitted for a project that includes a No Net Loss Program density bonus. The application shall be filed consistent with Division 17.D (Administration and Procedures). The application, whether a pre-application or a formal application, shall be provided on the City's application form and include a description of the proposed housing development, including the total number of units and total number of No Net Loss Program density bonus units proposed.
B. Processing.
1. The application shall be processed as part of the application for the housing development consistent with Division 17.D (Administration and Procedures).
Division C: Citywide Standards
Public Review Draft | Beaumont Zoning Code Update | Page 17.C-175
2. Within 90 days of receipt of the application for a No Net Loss Program the City shall provide a letter to the applicant, which identifies whether the requested density bonus units are available in the No Net Loss Program Unit Bank, project issues of concern, and the procedures for compliance with this Chapter.
3. The Director shall have the sole authority to administer and maintain the No Net Loss Program Unit Bank balances, credits, and availability.
17.C.14.050 No Net Loss Program Density Bonus Agreement A. Agreement Required. A legally binding agreement between an applicant and the City, which ensures that the requirements of this Chapter are satisfied, shall be executed. This density bonus housing agreement (agreement) shall be reviewed and approved by the Director and the City Attorney who shall formulate a recommendation to the Review Authority for approval.
B. Recorded Agreement. Following execution of the agreement by the applicant and the City, the completed agreement (or memorandum thereof) shall be recorded. The conditions contained in the agreement shall be filed and recorded on the lot or lots designated for the construction of the housing development as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such lots or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application.
C. Combined Agreement. If the housing development is receiving additional density bonus or incentives, the agreements required by this Chapter and Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) may be combined.
D. Agreement Contents. At a minimum, the agreement shall include the following:
1. The total number of units proposed within the housing development;
2. A schedule for completion and occupancy of the units;
3. A description of any additional incentive being provided by the City under Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or the Housing Element;
4. A description of remedies for breach of the agreement by either party; and
5. Any other provisions to ensure implementation and compliance with this Chapter and other density bonus provisions established in Chapter 17.C.12 (Affordable Housing Incentives and Density Bonus Provisions) or the Housing Element, as applicable.
Division C: Citywide Standards
Chapter 17.C.16 Nonconforming Buildings, Uses, and Lots Sections:
17.C.16.010 Purpose ............................................................................................................. 17.C-176
17.C.16.020 Applicability ...................................................................................................... 17.C-176
17.C.16.030 Continuance and Maintenance ........................................................................ 17.C-176
17.C.16.040 Nonconforming Buildings or Structures ........................................................... 17.C-176
17.C.16.050 Nonconforming Uses ........................................................................................ 17.C-178
17.C.16.060 Nonconforming Lots ......................................................................................... 17.C-179
17.C.16.070 Nonconformity with Other Development Standards ....................................... 17.C-179
17.C.16.010 Purpose
This Chapter establishes uniform provisions for the regulation of legal nonconforming structures, and lots.
Within the zones established by Title, there exist structures, land uses, and lots that were lawful prior to the adoption, or amendment of this Title, but which would be prohibited, or regulated or restricted differently under the terms of this Title or future amendments. This Chapter intends to discourage the long-term continuance of these nonconformities and allow them to exist under limited conditions.
17.C.16.020 Applicability
This Chapter applies to all zones and to any building, use, or lot that is nonconforming.
17.C.16.030 Continuance and Maintenance
A. Any nonconforming use or building or structure may be continued, used, and maintained in compliance with this Chapter.
B. Any nonconforming lot may be used, developed, and maintained in compliance with this Chapter.
C. A nonconforming use, building, structure, and/or lot may be transferred or sold, provided that no such use or structure shall be enlarged or altered except as otherwise provided in this Chapter.
17.C.16.040 Nonconforming Buildings or Structures
A. Maintenance and Repair.
1. Maintenance and Repair Generally Allowed. A nonconforming structure may undergo normal maintenance and repairs, provided no structural alterations are made, except those made in compliance with Subsection 17.C.16.040.A.3 (Seismic Retrofitting or Energy Efficiency Upgrades).
2. Maximum Repair Value Limit. Unless conducted for seismic retrofitting or energy efficiency upgrades in compliance with Subsection 17.C.16.040.A.3 (Seismic Retrofitting or Energy Efficiency Upgrades) below, all maintenance and repair work must not exceed
Division C: Citywide Standards
Public Review Draft | Beaumont Zoning Code Update | Page 17.C-177 15 percent of the appraised value of the structure as shown in the Riverside County Assessor's records in any one-year period, unless the Planning Commission allows more extensive work through Major Plot Plan approval after finding that the additional work will not prolong the duration of a nonconforming use.
3. Seismic Retrofitting or Energy Efficiency Upgrades.
a. Reconstruction required to reinforce un-reinforced masonry structures is allowed without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.
b. Improvements may be made to a nonconforming building or structure related to improving the energy efficiency, reducing the energy usage, and reducing the greenhouse gas emissions impact of the building or structure without cost limitations.
B. Additions to and Enlargements.
1. 25 Percent or Less of Existing Floor Area.
a. Floor Area Limitation. An enlargement, extension, reconstruction, or structural alteration of a nonconforming structure that does not exceed 25 percent of the existing total floor area, excluding garages, may be allowed if the additions or improvements conform to all other applicable provisions of this Title and the exterior limits of the new construction do not increase the degree of nonconformity to height or setback standards.
b. Residential Zone. If the nonconforming structure is in a residential zone, the applicant shall provide a certified notification letter to any applicable homeowner association and all adjoining property owners at least 14 days in advance of approval of a Minor Plot Plan.
c. Subsection 17.C.16.040.B.1.a (Floor Area Limitation) can only be used once per structure. Any additional changes to a structure which exceeds 25 percent of the existing total floor area identified in Subsection 17.C.16.040.B.1.a (Floor Area Limitation) requires approval of a Major Plot Plan in compliance with Subsection
17.C.16.040.B.2 (More than 25 Percent of Existing Floor Area) below.
2. More than 25 Percent of Existing Floor Area.
a. Floor Area Limitation. An enlargement, extension, reconstruction or structural alteration of a nonconforming structure that exceeds 25 percent of the existing total floor area, excluding garages, may be allowed by Major Plot Plan if the additions or improvements conform to all other applicable provisions of this Title and the exterior limits of the new construction do not increase the degree of nonconformity to height or setback standards.
b. The applicant shall provide a certified notification letter to any applicable homeowner association at least 10 days in advance of the public hearing.
Division C: Citywide Standards
C. Restoration of Damaged Buildings and Structures. A nonconforming building or structure which is involuntarily damaged by fire, flood, wind, earthquake, or other calamity or act of God or the public enemy, may be reconstructed, restored, or rebuilt subject to approval of a Minor Plot Plan, and in compliance with the following conditions:
1. The involuntarily damage or partial destruction is not more than 75 percent of the nonconforming building or structure’s market appraised value immediately prior to the damage;
2. The building permit for reconstruction, restoration, and rebuilding is issued within one year of the damage;
3. Reconstruction, restoration, and rebuilding is diligently pursued to completion;
4. Reconstruction, restoration, and rebuilding is found to not be detrimental to public health or safety by the Director;
5. The reconstructed building must have no greater floor area than the one destroyed; and
6. The exterior limits of the new construction must not increase the degree of nonconformity to height or setback standards relative to the building or structure that was damaged.
D. Duplex and Multi-Family Dwellings. If a duplex of multi-family dwelling is involuntarily damaged, the City may only prohibit the reconstruction of the duplex or multi-family dwelling if the findings required by Government Code §65852.25 are made.
17.C.16.050 Nonconforming Uses
A. Continuation of Nonconforming Use. A legal nonconforming use may be continued absent a loss of nonconforming status as identified in Subsection 17.C.16.050.C.
B. Expansion or Change of Nonconforming Use.
1. Expansion of Nonconforming Use. A nonconforming use of a portion of a structure may be expanded subject to approval of a Conditional Use Permit; however, the Director may approve an expansion of up to 25 percent of the gross floor area if the expansion brings the nonconforming use into more conformity with this Title or if the Director finds that the expansion provides a public safety benefit (e.g., safer traffic flow).
2. Change of Use to a Different Nonconforming Use. A nonconforming use may be changed to a nonconforming use of the same or a more restrictive nature subject to approval of a Conditional Use Permit.
C. Loss of Nonconforming Status. If a legal nonconforming use is discontinued for a continuous period of six months, it may only be replaced with a conforming use.
D. Additional Uses Prohibited. No additional uses shall be established on the site unless the nonconforming use is first discontinued. Any new use must comply with all applicable provisions of this Title.
E. Public Nuisance. If a legal nonconforming use becomes a public nuisance, it loses its legal nonconforming status.
Division C: Citywide Standards
Public Review Draft | Beaumont Zoning Code Update | Page 17.C-179
17.C.16.060 Nonconforming Lots
A. Legal Building Site. A nonconforming lot of record that does not comply with the applicable lot requirements for the zone (e.g., access, lot area, or lot width, etc.) in which it is located is considered a legal building site if it meets at least one of the criteria specified by this Section. It is the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:
1. Approved Subdivision. The lot was created through a subdivision approved by the County of Riverside or the City.
2. Individual Lot Legally Created by Deed. The lot is under one ownership and of record and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the lot nonconforming.
3. Variance or Lot Line Adjustment. The lot was approved through the Variance or resulted from a Lot Line Adjustment.
4. Partial Government Acquisition. The lot was created in conformity with the provisions of this Title, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than 20 percent and the setback facing any road was decreased not more than 50 percent.
B. Subdivision or Adjustment of a Nonconforming Lot. No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing nonconforming lot.
17.C.16.070 Nonconformity with Other Development Standards A. Nonconforming Parking. An existing use of land or existing structure, where parking for said use or structure was conforming at the time of establishment or modification, shall not be deemed to be nonconforming solely because of the lack of parking facilities prescribed in Chapter
17.C.06 (Parking Requirements), but rather shall retain conforming status for as long as the use or structure remains unmodified.
B. Nonconforming Landscaping. An existing use of land or existing structure, where landscaping or screening for said use or structure was conforming at the time of establishment or modification, shall not be deemed to be nonconforming solely because of the lack of landscaping and screening prescribed in Chapter 17.C.04 (Landscaping Standards), but rather shall retain conforming status for as long as the use or structure remains unmodified.
C. Nonconforming Lighting. Nonconforming lighting is subject to Beaumont Municipal Code Chapter
8.50 (Outdoor Lighting).
D. Nonconforming Signs. This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of Section 17.C.08.130 (Nonconforming Signs).
City of Beaumont
Division D: Administration
and Procedures
Public Review Draft
Lisa Wise Consulting, Inc.
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-i Division D: Table of Contents
Chapter 17.D.02 Procedures .................................................................................................... 17.D-1
17.D.02.010 Purpose ................................................................................................................ 17.D-1
17.D.02.020 Authorities and Administration ........................................................................... 17.D-1
17.D.02.030 Summary of Review Authorities for Decision and Approval ................................ 17.D-2
17.D.02.040 Common Procedures ........................................................................................... 17.D-4 Chapter 17.D.04 Permits and Approvals ................................................................................ 17.D-17
17.D.04.010 Purpose .............................................................................................................. 17.D-17
17.D.04.020 Plot Plans ........................................................................................................... 17.D-17
17.D.04.030 Use Permits ........................................................................................................ 17.D-20
17.D.04.040 Temporary Use Permits ..................................................................................... 17.D-22
17.D.04.050 Minor Modifications .......................................................................................... 17.D-23
17.D.04.060 Variances ........................................................................................................... 17.D-25
17.D.04.070 Sign Permits ....................................................................................................... 17.D-26
17.D.04.080 Sign Programs ................................................................................................... 17.D-29
17.D.04.090 Home Occupation Permits ................................................................................. 17.D-30
17.D.04.100 Certificates of Appropriateness ......................................................................... 17.D-31
17.D.04.110 Reasonable Accommodation ............................................................................. 17.D-34 Chapter 17.D.06 Zoning Code and Zoning Map Amendments ................................................ 17.D-35
17.D.06.010 Purpose .............................................................................................................. 17.D-35
17.D.06.020 Applicability ....................................................................................................... 17.D-35
17.D.06.030 Application Requirements ................................................................................. 17.D-35
17.D.06.040 Procedures ......................................................................................................... 17.D-36
17.D.06.050 Findings ............................................................................................................. 17.D-36
17.D.06.060 Effective Date .................................................................................................... 17.D-37 Chapter 17.D.08 General Plan Amendments .......................................................................... 17.D-38
17.D.08.010 Purpose .............................................................................................................. 17.D-38
17.D.08.020 Applicability ....................................................................................................... 17.D-38
17.D.08.030 Application Requirements ................................................................................. 17.D-38
17.D.08.040 Procedures ......................................................................................................... 17.D-38
17.D.08.050 Findings ............................................................................................................. 17.D-39
17.D.08.060 Adoption of General Plan .................................................................................. 17.D-39
Division D: Administration and Procedures
Chapter 17.D.10 Specific Plans .............................................................................................. 17.D-40
17.D.10.010 Purpose .............................................................................................................. 17.D-40
17.D.10.020 Applicability ....................................................................................................... 17.D-40
17.D.10.030 Application Requirements ................................................................................. 17.D-40
17.D.10.040 Procedures ......................................................................................................... 17.D-41
17.D.10.050 Findings ............................................................................................................. 17.D-41
17.D.10.060 Adoption of Specific Plan ................................................................................... 17.D-42
17.D.10.070 Implementation and Amendments .................................................................... 17.D-42 Chapter 17.D.12 Development Agreements ........................................................................... 17.D-43
17.D.12.010 Purpose .............................................................................................................. 17.D-43
17.D.12.020 Applicability ....................................................................................................... 17.D-43
17.D.12.030 Application Requirements ................................................................................. 17.D-43
17.D.12.040 Procedures ......................................................................................................... 17.D-44
17.D.12.050 Findings ............................................................................................................. 17.D-44
17.D.12.060 Execution and Recordation ................................................................................ 17.D-45
17.D.12.070 Annual Review ................................................................................................... 17.D-45
17.D.12.080 Amendment or Termination of an Approved Development Agreement ........... 17.D-46
17.D.12.090 Effect of Development Agreement .................................................................... 17.D-46 Chapter 17.D.14 Enforcement ............................................................................................... 17.D-47
17.D.14.010 Purpose .............................................................................................................. 17.D-47
17.D.14.020 Responsibility for Enforcement .......................................................................... 17.D-47
17.D.14.030 Zoning Violations ............................................................................................... 17.D-47
17.D.14.040 Remedies Cumulative ........................................................................................ 17.D-47
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-1 Chapter 17.D.02 Procedures
Sections:
17.D.02.010 Purpose ................................................................................................................ 17.D-1
17.D.02.020 Authorities and Administration ........................................................................... 17.D-1
17.D.02.030 Summary of Review Authorities for Decision and Approval ............................... 17.D-2
17.D.02.040 Common Procedures ........................................................................................... 17.D-4
17.D.02.010 Purpose
The purpose of this Chapter is to identify the assignment of authority and review procedures for zoning decisions related to land use and development applications as defined in this Title.
17.D.02.020 Authorities and Administration
Review Authorities are authorized to administer this Title as follows.
A. Director.
1. The Director shall have the duties assigned by Beaumont Municipal Code Section 2.24.080 (Community Development Department) and by this Title as may be required to fulfill the purposes of this Title. These duties shall be in addition to those contained in California Government Code §65900 et seq.
2. The authority and responsibilities of the Director shall also include, but are not limited to the following:
a. Authority to hear and decide:
(i) Applications identified in Table 17.D.02.030-A (Review Authorities); (ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval for the project is made by the Director; and (iii) Determinations of similar use as specified in Section 17.A.04.020.G (Determination of Similar Use).
b. Authority to review and make recommendations to the Planning Commission on:
(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and (ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval is made by the Planning Commission.
B. Planning Commission.
1. The Planning Commission is established by Beaumont Municipal Code Chapter 2.24 (Planning Commission and Community Development Department) with duties and powers outlined in Beaumont Municipal Code Section 2.24.060 (Duties).
Division D: Administration and Procedures
2. The authority and responsibilities of the Planning Commission shall also include, but are not limited to the following:
a. Authority to hear and decide:
(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and (ii) Environmental determinations on any approval that is subject to environmental review and that requires a public review period under the California Environmental Quality Act (i.e., environmental impact report or negative declaration), except when the Council is the Review Authority for the application in accordance with Subsection 17.D.02.020.C below. b. Authority to review and make recommendations to the Council on:
(i) Applications identified in Table 17.D.02.030-A (Review Authorities); and (ii) Environmental determinations on any approval that is subject to environmental review under the California Environmental Quality Act and where the final approval is made by the Council; and c. Authority to hear an appeal from any determination made by the Director in the administration or enforcement of this Title (also see Table 17.D.02.030-A (Review Authorities) and Subsection 17.D.02.040.O (Appeals)).
d. Other powers and responsibilities assigned by this Title or directed by the Council.
C. Council. The Council has final review of matters relating to planning and zoning, subject to delegation of this authority as provided in this Title. These duties shall be in addition to those contained in California Government Code §65900 et seq.
17.D.02.030 Summary of Review Authorities for Decision and Approval Table 17.D.02.030-A (Review Authorities) identifies the types of applications authorized by this Title and the Review Authority responsible for recommending and making decisions on each type of application.
Table 17.D.02.030-A: Review Authorities 1
Type of Action Chapter/Section Recommending
Authority
Review
Authority
Appeal
Authority
Plot Plans
Major Plot Plan Subsection
17.D.04.020 (Plot
Plans)
Director Planning Commission Council
Minor Plot Plan Planning Staff Director Planning Commission Use Permits
Conditional Use
Permit (CUP) Section 17.D.04.030
(Use Permits)
Director Planning Commission Council
Minor
Conditional Use
Permit (MUP)
Planning Staff Director Planning Commission
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-3 Table 17.D.02.030-A: Review Authorities 1
Type of Action Chapter/Section Recommending
Authority
Review
Authority
Appeal
Authority
Temporary Use
Permit (TUP)
Section 17.D.04.040
(Temporary Use
Permits)
Planning Staff Director Planning Commission
Minor Modifications and Variances
Minor
Modification
Section 17.D.04.050
(Minor Modifications) Planning Staff Director Planning Commission Variance Section 17.D.04.060
(Variances) Director Planning Commission Council
Sign Permits
Major Sign Permit Section 17.D.04.070
(Sign Permits)
Director Planning Commission Council
Minor Sign
Permit Planning Staff Director Planning Commission
Sign Program Section 17.D.04.080
(Sign Programs) Director Planning Commission Council
Other
Home
Occupation
Section 17.D.04.090
(Home Occupation
Permits)
Planning Staff Director Planning Commission
Certificate of
Appropriateness
Section 17.D.04.100
(Certificates of
Appropriateness)
Planning Staff Director or Planning
Commission 2
Planning Commission
or Council
Reasonable
Accommodation Chapter 15.26 (Reasonable Accommodations) Amendments and Legislative Decisions
Zoning
Amendment
Chapter 17.D.06
(Zoning Code and
Zoning Map
Amendments)
Director and Planning
Commission Council n/a
General Plan
Amendment
Chapter 17.D.08
(General Plan
Amendments)
Director and Planning
Commission Council n/a
Specific Plan Chapter 17.D.10
(Specific Plans)
Director and Planning
Commission Council n/a
Development
Agreement
Chapter 17.D.12
(Development
Agreements)
Director and Planning
Commission Council n/a
Table Notes:
1 For projects that require multiple applications, see Subsection 17.D.02.040.B.3 (Multiple Applications). 2 See Subsection 17.D.04.100.D (Authority) for when the Director or the Planning Commission is the decision-making body.
Division D: Administration and Procedures
17.D.02.040 Common Procedures
A. Purpose. The purpose of this Section is to establish common procedures and requirements for the preparation, filing, and processing of development applications required by this Title. These common procedures and the development review processes established in this Division 17.D (Administration and Procedures) are intended to provide a consistent and efficient method for the City to implement the General Plan and other adopted goals, policies, and standards. For procedures specific to individual permit types, refer to Chapter 17.D.04 (Permits and Approvals).
B. Application Process and Fees.
1. Applicant. Only the following persons or entities may apply for a permit or other approval:
a. The owner of the property;
b. An authorized agent or representative of the owner;
c. A person acting in accordance with a purchase contract or exclusive option to purchase the property; or
d. The Director on behalf of the Council.
2. Applications.
a. The Director shall specify the form and content of all applications for permits or approvals required by this Title.
b. Applications for development approvals and amendments shall be submitted to the Director on a prescribed City application form and shall include all the information that is necessary for review of the application, such as plans, elevations, facts, and information deemed by the Director to be necessary to show details of the proposed use or development as specified in the application checklist attached to the application form.
c. Applications shall be accompanied by applicable fees, deposits, and other materials required by this Title and Department handouts. d. Applications shall include the property owner’s written authorization for any permit, permit amendment, permit extension, or other approval required by this Title.
e. The Director may require the submission of supplemental materials and information as part of an application submittal, including statements, photographs, plans, drawings, renderings, models, material samples, special studies, Preliminary Water Quality Management Plan, Preliminary Hydrology Report, Conceptual Grading Plan, and other information necessary to describe existing conditions and the proposed project, and to determine the level of environmental review in accordance with Subsection 17.D.02.040.E (Environmental Review).
f. The Director may waive the submission of specific material or information upon a finding that it is not needed to reach a decision on the application.
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-5 g. It is the responsibility of the applicant to provide the necessary information in support of the findings required for approval as identified in Chapter 17.D.04 (Permits and Approvals).
3. Multiple Applications. A project that includes more than one application may be combined and processed concurrently provided all applicable processing requirements are satisfied. The purpose for allowing concurrent review is to consolidate final action on the project with the highest Review Authority responsible for making a decision on the applications for a project. The following provisions apply to concurrently processed applications:
a. If a project requires more than one discretionary permit or other approval, all permits or other approvals shall be processed concurrently. b. When an application requiring a public hearing is combined with an application that does not require a public hearing, the combined applications shall require a public hearing.
c. When more than one discretionary permit or other approval is required and the Review Authority is both the Planning Commission and Council, the final action on all discretionary permits or other approvals shall be taken by the Council. In these cases, the Planning Commission’s actions shall consist of a recommendation to the Council.
d. When the Planning Commission is the highest Review Authority for a project, the review by the Director shall be in the form of a recommendation to the Planning Commission.
e. When a subdivision is proposed, the provisions of Beaumont Municipal Code Title 16 (Subdivisions) and this Title shall apply. Review Authorities may combine in a single action or review the approvals as required by this Title; the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered in the record.
4. Withdrawn and Denied Applications.
a. Withdrawn applications. An application may be withdrawn by the applicant prior to the opening of the public hearing or thereafter with the consent of the Review Authority. A request to withdraw an application must be submitted by the applicant in writing. Withdrawal of an application shall terminate all further action on the application.
b. Effect of withdrawn or denied applications. Where an application has been withdrawn by the applicant or denied by the Review Authority, an application for the same or substantially similar project may not be filed within one year from the date of withdrawal, unless the Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Any subsequent application shall be considered a new application and will be processed accordingly.
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5. Fees. A schedule of fees shall be maintained by the Director and made available to the public. All applications required by this Title shall be accompanied by the required fees set by resolution of the Council. Applications shall not be accepted without payment of all required fees.
C. Pre-Application Review.
1. Pre-Application Review.
a. A Pre-Application Review is an optional process that occurs prior to the submittal of any new development application.
b. The purpose of a Pre-Application Review is generally to:
(i) Familiarize the Director and other City staff, as may be applicable, with the project proposal;
(ii) Determine application requirements and familiarize the applicant with the review process and procedures;
(iii) Identify any potential problems as early in the process as possible; and (iv) Identify land use and development policies which may affect the project proposal.
c. Failure by the Director or other City staff to identify all required studies or all applicable requirements in the Pre-Application Review shall not constitute a waiver of those studies or requirements.
2. Application Requirements. An application for a Pre-Application Review shall be submitted on a form prescribed by the City in accordance with Section 17.D.02.040.B (Application Process and Fees).
3. Pre-Application Review Meeting. After reviewing the application, the Director shall meet with the applicant or representative. Neither the Pre-Application Review nor the provision of information by the Director and the discussion of City policies shall be construed as either a recommendation for approval or denial of the application or development. No formal action is taken by the Director at a Pre-Application Review meeting. Following the meeting, the Director shall provide the applicant with a written summary of comments.
D. Review of Planning Applications.
1. Initial Completeness Review. The Director shall determine whether an application is complete within 30 days of the date the application is filed and the required fee is received in accordance with California Government Code §65943 et seq.
2. Incomplete Application.
a. Incomplete application. If an application is deemed incomplete, the Director shall provide a written notification to the applicant listing information necessary to complete the application.
b. Submittal of additional information. The applicant shall provide the additional information within 180 days from the date the application is deemed to be incomplete. The Director may grant one extension of up to 90 days.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-7 c. Expiration of application. If an applicant fails to correct the identified deficiencies within the specified time limit, the application shall expire and be deemed withdrawn, unless the Director grants an extension. After the expiration of an application, a new complete application, together with all required fees, shall be submitted for review.
3. Complete Application. In compliance with California Governmental Code §65920 et seq. (Permit Streamlining Act), when a planning application is deemed complete, the Director shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Director shall schedule a hearing and notify the applicant of the date and time, in accordance with Subsection 17.D.02.040.F (Public Hearing Notice).
4. Referral of Application.
a. When the Director is the Review Authority, the Director may determine that based on a unique or special circumstance, it is in the public interest for an application to be considered by the Planning Commission. In this case, the Director shall forward the application to the Planning Commission for review at a public hearing.
b. At the discretion of the Director, or where otherwise required by this Title, state or federal law, any application filed in compliance with this Title may be referred to any City department, public agency, or interest group that may be affected by, or have an interest in, the proposed project for review and comment on the application.
5. Extensions for Review of Application. The Director may, upon written request, grant extensions of any time limit for review of applications imposed by this Title unless precluded by state or federal law.
E. Environmental Review. The City has the responsibility to comply with the California Environmental Quality Act (California Public Resources Code §21000 et seq.) and California Environmental Quality Act Guidelines (California Code of Regulations, Title 14), collectively referred to as CEQA. The City shall evaluate each project according to CEQA before any recommendation or decision on a project is made. Also see Beaumont Municipal Code Chapter
2.54 (Environmental Review).
F. Public Hearing Notice.
1. Applicability.
a. Notice for public hearings is required as part of the approval process for all applications subject to a public hearing.
b. Any changes to state law notice requirements, in accordance with California Government Code §65090 et seq., shall control over the requirements in this Section regarding the manner for providing notice.
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2. When Public Hearing Notice is Required. Table 17.D.02.040-A (Public Hearing Notice Required) identifies when a public hearing with public notice is required as part of the approval process.
Table 17.D.02.040-A: Public Hearing Notice Required
Project/Approval/Action Requested Required Public Hearing/Notice? Major Plot Plan Yes
Minor Plot Plan No
Conditional Use Permit Yes
Minor Conditional Use Permit No
Minor Modification No
Variance Yes
Major Sign Permit No
Minor Sign Permit No
Sign Program No
Home Occupation No
Certificate of Appropriateness See Section 17.D.04.100 (Certificates of Appropriateness) Zoning Amendment Yes
General Plan Amendment Yes
Specific Plan Yes
Development Agreements Yes
Appeals Same as the original approval requested that is the subject of the appeal
3. Contents. Every posted, published, or mailed notice for a public hearing shall include:
a. The date, time, location, and purpose of the hearing; b. The name of the Review Authority conducting the hearing; c. Contact information to receive additional information; d. A brief description of the matter to be considered and the permit(s) required; e. The address or location of the subject property;
f. A statement that any interested person or authorized agent may appear and be heard; and
g. A statement describing how and when to submit written comments.
4. Noticing Procedures. The following noticing procedures shall be observed when a public hearing is required by this Title.
a. Timing. All forms of notice shall be given not less than 10 days prior to the public hearing except that for a Zoning Amendment that would affect the permitted
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-9 uses of real property, all forms of notice shall be given not less than 20 days prior to the public hearing.
b. Mailed notice. Mailed notice shall be given to the following:
(i) All property owners and residential renters within 300 feet of the subject property, unless otherwise required by California Government Code §65091;
(ii) Any person or group who has filed a written request for notice regarding the specific application;
(iii) Any other local agency expected to provide essential facilities and services to the project and whose ability to provide those facilities and services may be significantly affected;
(iv) The owner of the property that is the subject of the application; and (v) The applicant.
c. Newspaper notice. A notice shall be posted in at least one newspaper of general circulation in the city.
d. Additional notice. In addition to the types of notice required above, the Director may require or provide additional notice using alternative methods including, but not limited to the following:
(i) Posting on the City’s website;
(ii) Posted notice on the subject property;
(iii) Electronic mail to persons that have signed up or subscribed for electronic mail notifications;
(iv) Placing an insert with any generalized mailing sent by the City to property owners or residents in the area affected by the proposed application; (v) Posting through City accounts on social media platforms; or (vi) Electronic message signs.
5. Failure to Receive Notice. The validity of the proceedings shall not be affected by the failure of any property owner, resident, or organization to receive notice.
G. Public Hearings.
1. Requirements. When a public hearing is required by this Title, public notice shall be given consistent with Subsection 17.D.02.040.F (Public Hearing Notice), and the public hearing shall be conducted as provided by this Subsection.
2. Scheduling of Hearing. After an application is deemed complete, any environmental analysis required by CEQA has been conducted, and a Department staff report has been prepared, a matter requiring a public hearing shall be scheduled on an agenda reserved for public hearings.
3. The Applicant’s Rights at Public Hearing. The applicant shall have the right to be represented, provide testimony, and present evidence at any public hearing.
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4. The Public’s Rights at Public Hearing. The public shall have the right to comment on any relevant aspect of the application under consideration at any public hearing.
5. Decision. When the public hearing is closed, the Review Authority shall approve (with or without conditions) or deny the application in compliance with the required findings provided in Chapter 17.D.04 (Permits and Approvals) and in compliance with Subsection
17.D.02.040.H (Findings and Decision).
6. Continuance. The Review Authority, by motion, may continue a public hearing. No additional notice shall be required for the continuance of a noticed public hearing to a specific date and time.
7. Recommendation by Planning Commission. At the conclusion of any public hearing on a project that requires Council approval, the Planning Commission shall forward a written recommendation, including all required findings, to the Council for final action.
8. Council Hearings.
a. Council decision. Upon receiving the Planning Commission’s recommendation, the Council shall hold a public hearing. When the public hearing is closed, the Council shall make a final decision, which could be to approve, approve in modified form, or deny the application.
b. Modifications by Council.
(i) The Council may modify any project application recommended by the Planning Commission by making non-substantive changes without first referring the matter to the Planning Commission for a report and recommendation. However, any substantive change to Zoning Amendments or to General Plan Amendments proposed by the Council that was not discussed by the Planning Commission shall be referred back to the Commission recommendation consistent with California Government Code §65356 for a report and recommendation. (ii) When the Council has referred a matter back to the Planning Commission, it shall report back to the Council within 45 days after the date of the Council referral unless the Council specifically allows for a longer period of time for the Planning Commission report and recommendation. Where action cannot be taken within 30 days by the Planning Commission, a longer period of time may be requested and the Council may at its discretion grant the request. Although no additional public hearing shall be required, the Planning Commission may at its discretion hold a public hearing prior to a report and recommendation on any matter referred to it by the Council. Failure of the Planning Commission to act within 45 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation.
H. Findings and Decision.
1. When making a decision to approve, approve with modifications and/or conditions, or deny any application, the Review Authority shall make findings as required by this Title to support their decision. Findings shall be based upon consideration of the application,
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-11 plans, testimony, reports, and other materials that constitute the administrative record and shall be stated in writing in the resolution or record of the action for the application.
2. If the Review Authority imposes conditions of approval, the conditions shall be consistent with Subsection 17.D.02.040.I (Conditions of Approval).
I. Conditions of Approval.
1. In considering an application authorized by this Title, a Review Authority may require changes and impose conditions of approval in order to implement the policies of the General Plan and this Title. Conditions of approval, which may include dedication of land; installation of specific improvements; limitations on the size, design and placement of buildings or structures; landscaping; or limitations on use and hours of operation, shall be reasonably related to the type of impacts caused by the use of the property for which the application is requested. Conditions of approval may be necessary to ensure the proposed use or project satisfies the required findings for approval and complies with environmental mitigation measures, see Subsection 17.D.02.040.E (Environmental Review).
2. All conditions of approval shall be binding upon the applicant, their successors, and assigns; shall run with the land; shall limit and control the issuance and validity of Certificates of Occupancy; and shall restrict and limit the construction, location, use, and maintenance of all land and structures within the project.
3. A deed restriction, as approved by the City Attorney, may be recorded with the County Recorder’s office documenting the required conditions of approval.
J. Effect of Approvals.
1. Issuance of Approval. The issuance of a permit or approval described in this Title authorizes the holder to proceed in compliance with the terms of the permit or approval.
The applicant must follow all City requirements and procedures for any additional applicable permits or approvals in order to complete the development project and to meet the occupancy requirements for the subject property.
2. Effective Date of Approval.
a. The effective date of a permit or other approval is the date the Review Authority approves the permit or grants an approval, except as otherwise provided in this Chapter for a specific approval or type of permit.
b. If the decision by the Review Authority is appealed in accordance with Subsection
17.D.02.040.O (Appeals), the date of approval shall be the date the Review Authority makes a final determination on the Appeal.
3. Ownership and Transferability of Permits and Approvals. An approved permit or other approval applies to the subject property and runs with the land, except as specifically provided in this Title. Once approved, a permit or approval remains effective unless terminated, abandoned, revoked, or modified. An approved permit or other approval is transferable to any future owner of the subject property.
4. Inspections. All approvals may be subject to periodic review to determine compliance with the permit and applicable conditions. If a condition specifies that activities or uses allowed under the permit are subject to periodic reporting, monitoring, or assessments,
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it shall be the responsibility of the permit holder, the property owner, or successor property owners to comply with the conditions.
K. Expiration of Permits.
1. Lapse of Permit. Unless otherwise specified in the permit or approval, all permits and approvals for projects not subject to the Subdivision Map Act shall be implemented within two years following the effective date, or it shall expire and be deemed void unless a Time Extension is approved consistent with Subsection 17.D.02.040.L (Extension of Time).
2. Time Limits.
a. A Review Authority may establish a time limit that differs from the time limit contained in Subsection 17.D.02.040.K.1 (Lapse of Permit); however, the time limit shall be based upon the size and nature of the proposed project as described in the written findings for project approval.
b. For concurrent applications, the longest time limit associated with any one permit or approval shall apply to all of the other concurrent permits. All permits associated with the approval of a tentative map shall have the same expiration date as the tentative map.
3. Implementation.
a. A permit or approval shall not be deemed implemented until the applicant has obtained a grading permit and/or building permit and commenced construction, or where no grading or building permit is required, has commenced the allowed use on the subject site in compliance with the approval. b. Construction shall be diligently pursued towards completion. If after construction commencement, work is discontinued for a minimum period of two years, the permit or approval shall expire and be deemed void.
c. If a project is phased, each subsequent phase shall have the same time limit identified for the previous phase. The time limit for a subsequent phase shall begin when the previous phase commences construction, unless otherwise specified in the permit or approval.
4. Lapse of Approved Use. A permit or approval for a use or activity shall be deemed to have lapsed if the following applies:
a. When the use or activity ceases operation and/or the business closes at the permitted location for a period of at least one year; or b. In compliance with Section 17.C.16.050 (Nonconforming Uses) regarding nonconforming uses.
5. Renewal of an Expired Application. An approved permit or approval which has been allowed to expire shall require the filing of a new application in accordance with the procedures in Section 17.D.02.040.B (Application Process and Fees).
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-13
6. Determination of Expiration. If the Director determines a permit or other approval has expired, the Director shall notify the holder of the permit or other approval in writing of that determination, and that the permit or other approval is expired, lapsed, and null and void. The Director’s determination may be appealed to the Planning Commission by the holder of the permit or other approval.
L. Extension of Time.
1. Initiation. An application for a Time Extension of a previously approved permit or other approval may be initiated by the applicant who filed the original application or their successor.
2. Suspension of Expiration. The filing of a Time Extension request shall suspend the actual expiration of the permit or approval until the Time Extension has been acted upon by the Review Authority. No construction permits (e.g., grading or building permits) for the project shall be issued during the period of suspension.
3. Application Requirements. A Time Extension request shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
4. Authority. The original Review Authority shall make the decision on a Time Extension; however, the Director may grant a Time Extension that would otherwise require another Review Authority when there has been no proposed change in the original permit or approval.
5. Approval Procedures.
a. After a Time Extension application has been filed with the Department, the Director shall review the application to determine whether it conforms with the provisions of this Section in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).
b. A public hearing shall be required for a Time Extension if a public hearing was required for the original approval. If the Director is making the decision on a Time Extension, no public hearing is needed.
6. Findings. A Time Extension may be granted, with or without conditions, only after the following findings are made:
a. There have been no changes in circumstances, law, General Plan, or this Title that would preclude the Review Authority from making the findings upon which the original approval was based; or
b. The original conditions of approval have been modified or new conditions of approval have been imposed as deemed reasonable and necessary to ensure that the permit or approval will remain in compliance with the findings required by this Title; and
c. The applicant has made a good faith effort to implement the permit or approval and comply with any applicable conditions of approval in a timely manner.
7. Length of Time Extension. The Review Authority may grant a Time Extension for a period or periods not exceeding one year beyond the expiration date of the original permit or approval, or for as long as any subdivision concurrently approved is extended, whichever is longer.
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M. Revisions to an Approved Project. If an applicant would like to revise or modify an approved permit for a use, structure, or other approval, the Director shall determine the level of revision based on criteria, as follows:
1. Minor Revisions. Minor revisions to approved plans and permits may be approved by the Director if the revisions:
a. Are consistent with the original findings and conditions of approval; b. Do not substantially expand the approved floor area or height of a building; and c. Would not result in any new or intensified detrimental effects, unless waived by the Director.
2. Major Revisions. Major revisions to approved plans and permits are any revisions not considered to be minor revisions. Major revisions shall be decided by the same Review Authority as the original approval, and a public hearing shall be required if a public hearing was required for the original approval.
N. Revocation of Permits. Any permit granted under this Division may be revoked or revised for cause if any of the conditions or terms of the permit are violated or if any law or ordinance is violated.
1. Initiation of Proceeding. Revocation proceedings may be initiated by the Council, Planning Commission, or Director.
2. Written Notice to Permittee. At least 30 days prior to the revocation hearing, the permittee (the owner of the property, use, or business subject to the revocation) subject to the revocation hearing shall be given written notice of the City's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested.
3. Public Hearing Notice, Hearings, and Action. A public hearing notice of a revocation preceding shall be noticed in accordance with Section 17.D.02.040.F (Public Hearing Notice). After conducting a public hearing, the Planning Commission, or Council where they were the original approval authority, must act on the proposed revocation.
4. Required Findings. The Planning Commission or Council may revoke or modify the permit if it makes any of the following findings:
a. The approval was obtained by means of fraud or misrepresentation of a material fact;
b. The use, building, or structure has been substantially altered or expanded beyond what is set forth in the permit or substantially changed in character; c. The use has ceased to exist or has been suspended for one year; d. There is or has been a violation of or failure to observe the terms or conditions of approval, or the use has been conducted in violation of the provisions of this Title, or any applicable local or state law or regulation; or
e. The use has been conducted in a manner detrimental to the public safety, health, and welfare, and/or is a nuisance.
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5. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Director must issue a Notice of Action within 10 days. The Notice of Action must describe the Planning Commission's or Council's action and findings. The Director must mail notice to the permit holder and to any person or entity who requested the revocation proceeding.
O. Appeals. Any action by the Director or Planning Commission in the administration or enforcement of the provisions of this Title may be appealed in accordance with this Section. Failure to exhaust all administrative remedies as specified in this Section may jeopardize an appellant’s opportunities to seek any subsequent remedy.
1. Appeal Bodies.
a. Decisions of the Director. The Planning Commission is the appeal body for decisions of the Director.
b. Decisions of the Planning Commission. The Council is the appeal body for decisions of the Planning Commission.
2. Who May File an Appeal. Any interested party may appeal a Review Authority’s decision during the appeal period.
3. Time Limits. Unless otherwise specified in state or federal law, all appeals shall be filed in writing within 15 days of the date which the action was taken.
4. Procedures for Filing an Appeal.
a. Filing. An application for an appeal shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section. b. Required Information. An application for an appeal shall be submitted to the City Clerk on a prescribed City form and, at minimum, shall include the following:
(i) The specific action being appealed and the reason for the appeal; (ii) A written description of the specific grounds for the appeal, including why the appellant contends the action is not in accordance with this Title, where there was an error or abuse of discretion, where the record includes inaccurate information, or how a decision is not supported by evidence in the record;
(iii) A description of how the appellant requests the action be reversed or modified; and
(iv) The name, address, and telephone number of the appellant or contact person if there are multiple appellants.
5. Appeal Review.
a. Appeal Review. Within three working days of receipt of the appeal, the City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. Appellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within the five-day period, the appeal shall be deemed withdrawn.
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b. Receipt of Appeal. The receipt of a written appeal shall stay all actions or put all permits or other discretionary approvals that may have been granted in suspension, pending the effective date of the Review Authority hearing the appeal.
6. Appeal Hearing and Standards of Review.
a. The hearing on the appeal shall be a new hearing. Any party may appear and provide additional testimony or evidence.
b. The Director, upon the City Clerk finding the application for an appeal to be complete, shall schedule the appeal, together with City staff’s report on the appeal, for a public hearing before the appeal body in compliance with Subsection
17.D.02.040.G (Public Hearings).
c. When reviewing any decision on appeal, the appeal body shall use the same standards for decision-making required for the original decision.
7. Decision on Appeal. The appeal body may affirm wholly or partly, reverse, or modify the prior decision.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-17 Chapter 17.D.04 Permits and Approvals
Sections:
17.D.04.010 Purpose .............................................................................................................. 17.D-17
17.D.04.020 Plot Plans ........................................................................................................... 17.D-17
17.D.04.030 Use Permits ....................................................................................................... 17.D-20
17.D.04.040 Temporary Use Permits ..................................................................................... 17.D-22
17.D.04.050 Minor Modifications .......................................................................................... 17.D-23
17.D.04.060 Variances ........................................................................................................... 17.D-25
17.D.04.070 Sign Permits ....................................................................................................... 17.D-26
17.D.04.080 Sign Programs .................................................................................................... 17.D-29
17.D.04.090 Home Occupation Permits ................................................................................ 17.D-30
17.D.04.100 Certificates of Appropriateness ......................................................................... 17.D-31
17.D.04.110 Reasonable Accommodation............................................................................. 17.D-34
17.D.04.010 Purpose
This Chapter provides the procedures for the preparation, filing, and processing of applications for planning permits and other entitlements required by this Title.
17.D.04.020 Plot Plans
A. Purpose. The purpose of a Plot Plan is to provide a process for the review and approval or denial of applications for physical improvements to a site based on their scale, proximity to environmentally sensitive resource areas, or unique design features. The Plot Plan process is intended to encourage site and structural improvements which:
1. Promote excellence in site planning and design;
2. Respect the physical and environmental characteristics of the site; and
3. Ensure projects support the goals and objectives of the General Plan and other adopted City plans.
B. Applicability. Major and minor plot plans are required as described below, or as otherwise specified in this Title.
1. Major Plot Plan. A Major Plot Plan is required for the following projects:
a. Any new nonresidential development with over 10,000 square feet of new gross floor area except as follows:
(i) Over 25,000 square feet of new or expanded gross floor area in commercial or mixed use zones not adjoining any residential zone; and
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(ii) Over 50,000 square feet of new or expanded gross floor area in industrial zones not adjoining any residential zones.
b. Any new multi-family residential projects or projects (including attached townhomes) with 10 or more units, or new subdivisions with 10 or more single- family dwellings.
c. Where required in applicable Specific Plans.
2. Minor Plot Plan. A Minor Plot Plan is required for the following projects:
a. Any new nonresidential development with up to 10,000 square feet of new gross floor area, except as follows:
(i) Up to 25,000 square feet of new floor area in commercial or mixed use zones not adjoining any residential zone;
(ii) Up to 50,000 square feet of new floor area in industrial zones not adjoining any residential zones.
b. Any new multi-family residential development (including attached townhomes) or new single-family subdivision with two to 10 units, consistent with this Title. c. Any additions or expansions to existing multi-family residential, commercial, industrial, or mixed-use buildings unless exempted in accordance with Subsection
17.D.04.020.B.3 (Exemptions from Plot Plans).
d. Minor changes to the exterior of existing nonresidential buildings that require a Building Permit. This includes, but is not limited to, facade changes, changes in materials, relocation of storefront doors, and relocation and infill of windows or other openings.
e. The construction of a new accessory structure or building consistent with this Title, unless exempt consistent with Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).
f. Accessory dwelling units consistent with Subsection 17.C.10.030.D.2 (Minor Plot Plan Required).
g. The construction of a new commercial, industrial, mixed-use, or multi-family parking lot.
h. Where required in applicable Specific Plans.
i. Any other project that is not subject to a Major Plot Plan and is not exempt by Subsection 17.D.04.020.B.3 (Exemptions from Plot Plans).
3. Exemptions from Plot Plans. The following projects are exempt from the requirements for a Plot Plan and are only reviewed with an application for a Building Permit, if required:
a. Single-family and multi-family projects that comply with the City’s residential objective design standards at Sections 17.C.10.210 (Single-Family Dwellings) and
17.C.10.180 (Multi-Family Dwellings) and are eligible for ministerial review consistent with state law.
b. Additions and alterations to existing buildings and structures that will not increase the gross floor area of the building by more than 10 percent or 5,000
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-19 square feet, whichever is less; will not involve any alterations along any street- facing façade; and will match the existing or historic design of the building. c. Construction, reconstruction, alterations, improvements, and landscaping for a project developed in compliance with a previously issued Plot Plan or landscape plan.
d. Any form of repair or maintenance work where the work solely involves the replacement of materials in like kind and form (e.g., re-roof, window replacement, etc.), or to any repair or maintenance work in areas not visible to the public from the public right-of-way or areas accessible to the public. e. Changes to exterior building colors; addition, modification, or removal of minor architectural elements.
f. Installation of landscaping no more than 2,500 square feet in an area where no other construction activity is planned.
g. Construction of fences and walls that are consistent with Section 17.C.02.030 (Fences and Walls) and this Title.
h. Alterations and improvements required in whole or part to meet federal or state requirements to accommodate persons with disabilities.
i. New accessory structures that are exempt from obtaining a Building Permit.
C. Application Requirements. A Plot Plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
D. Authority. The Review Authorities for Major Plot Plans and Minor Plot Plans are identified in Table
17.D.02.030-A (Review Authorities) and Subsection 17.D.04.020.B (Applicability), subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
E. Approval Procedures.
1. Director Evaluation. After a proposed Plot Plan application has been deemed complete, the Director shall review the Plot Plan application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
2. Major Plot Plan Hearing. The Review Authority shall conduct a public hearing on a Major Plot Plan consistent with Subsection 17.D.02.040.G (Public Hearings).
3. Minor Plot Plan Review. The Director shall approve or deny a Minor Plot Plan in compliance with the findings provided in Subsection 17.D.04.020.F (Findings).
F. Findings. The Review Authority may approve a Plot Plan, with or without conditions of approval, only after making the following findings as applicable:
1. Findings for All Plot Plans:
a. The proposed project is consistent with this Title;
b. The proposed use and project are consistent with the goals and policies of the General Plan;
c. The project will not be detrimental to public health, safety, and general welfare; and
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d. The proposed project is in compliance with the provisions of California Environmental Quality Act.
2. Findings for Specific Projects:
a. The proposed use and project are consistent with the goals and policies of any Specific Plan, if applicable.
b. The proposed siting, form, architectural style, materials, and other elements of single-family residential and multi-family residential developments are consistent with Section 17.C.10.210 (Single-Family Dwellings) and Section 17.C.10.180 (Multi-Family Dwellings).
c. The proposed siting, form, and architectural style of single-family residential, commercial, and industrial developments are appropriate for the project site and surroundings and create a visually cohesive design, and are consistent with all applicable design standards in this Title.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Plot Plans are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).
17.D.04.030 Use Permits
A. Purpose. The purpose of a Use Permit (i.e., Conditional Use Permit (CUP) and a Minor Conditional Use Permit (MUP)) is to allow essential or desirable uses which nevertheless may have an impact on the surrounding environment while ensuring that the uses are, and will continue to be, appropriate for their proposed location and compatible with surrounding existing and planned uses.
B. Applicability. The use tables in Division B (Zone Regulations) identify the land uses and activities that require a Use Permit.
C. Application Requirements. A Use Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Use Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
1. The Planning Commission is the Review Authority for Conditional Use Permits.
2. The Director is the Review Authority for Minor Conditional Use Permits.
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1. Director Evaluation. After a proposed Use Permit application has been deemed complete, the Director shall review the Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
2. Conditional Use Permits Hearing. The Planning Commission shall conduct a public hearing on a Conditional Use Permit consistent with Subsection 17.D.02.040.G (Public Hearings).
3. Minor Conditional Use Permits Director Decision. The Director shall approve or deny a Minor Conditional Use Permit in compliance with the findings provided in Subsection
17.D.04.030.F (Findings).
F. Findings. The Review Authority may approve the Use Permit, with or without conditions of approval, only after making the following findings:
1. The proposed use is consistent with the goals and policies of the General Plan;
2. The proposed use is consistent with the goals and policies of any applicable Specific Plan;
3. The proposed use is appropriate for the zone in which it is located, is compatible with uses allowed in the zone, and complies with all other applicable provisions of this Title;
4. The proposed use will not be materially detrimental to the health, safety, and welfare of the public or the property and residents in the vicinity;
5. The proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations.
6. The subject site is physically suitable for the use and compatible with existing and future land uses, buildings, and structures in the vicinity;
7. The subject site is served by streets adequate in width and improvement to carry the kind and quantity of traffic the proposed use would likely generate or that the streets in question are physically or financially impossible to be improved and that the proposed use is deemed to be beneficial to the City; and
8. The subject site has or will have adequate provisions for water, sanitation, and public utilities and services.
9. The proposed project is in compliance with the provisions of CEQA.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Use Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection
17.D.02.040.M (Revisions to an Approved Project).
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17.D.04.040 Temporary Use Permits
A. Purpose. This Subsection establishes the procedures for the granting of Temporary Use Permits for short-term activities and uses on privately or publicly owned property with appropriate regulations to ensure that the temporary activities will be compatible with surrounding areas.
B. Applicability. A Temporary Use Permit allows for the short-term activities described in Section
17.C.10.230 (Temporary Uses), that may not comply with the normal development or use standards of the applicable zone but would otherwise be acceptable because of their temporary nature. See Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events) for permitting information regarding special events.
C. Application Requirements. A Temporary Use Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Director is the Review Authority for Temporary Use Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
E. Approval Procedure.
1. Director Review. After a proposed Temporary Use Permit application has been deemed complete, the Director shall review the Temporary Use Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection 17.D.04.040.G (Findings).
F. Considerations. In the review of a Temporary Use Permit application, the Director shall consider:
1. The type and duration of the proposed temporary activity;
2. Input from other City departments, such as Police, Public Works, Parks and Recreation, etc., and other responsible agencies;
3. The requirements and development standards of the applicable zone in which the temporary use is proposed;
4. Any applicable standards for the proposed temporary use established in Section
17.C.10.230 (Temporary Uses).
G. Findings. The Director may approve the Temporary Use Permit, with or without conditions of approval, only after finding that:
1. The temporary activity complies with applicable standards identified in Section
17.C.10.230 (Temporary Uses); and
2. Maintenance or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the vicinity of the proposed temporary activity.
H. Decision and Appeals.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
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2. Appeals. The Review Authority’s decision may be appealed as provided in Section
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Temporary Use Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection
17.D.02.040.M (Revisions to an Approved Project).
I. Required Lapse of Time for Temporary Use Permits. Except for seasonal sales lots, a minimum of 30 days shall pass between the expiration of a Temporary Use Permit and the issuance of a new and similar Temporary Use Permit for the same property, or the actual removal of the materials and structures associated with the former activity, whichever last occurs.
17.D.04.050 Minor Modifications
A. Purpose. The Minor Modification procedure is established to enable minor modifications from the standards in this Title when these requests constitute a reasonable use of property but are not otherwise permissible under the strict application of this Title.
B. Applicability.
1. Types of Minor Modifications. A Minor Modification from the requirements of this Title may be granted for the following types of modifications only:
Table 17.D.04.050-A: Types of Minor Modifications
Types of Minor Modifications Maximum Modification
Reduction of minimum required setback area 20%
Increase of maximum permitted building height 10%
Any deviation in the permitted maximum height
or location of a fence or wall n/a
Increase of maximum permitted lot coverage 10%
Reduction in minimum usable open space 20%
Deviation in the applicable development
standards to allow for improved productivity of
solar energy systems
20%
Reduction of minimum number of parking
spaces required 20% 1
Increase in sign area or height 10%
Table Notes:
1 If a fractional number is obtained with this calculation, the number of parking spaces that may be reduced shall be rounded up to the next highest whole number, except that the parking requirement shall not be reduced to zero (e.g., if two to four parking spaces are required, a minor modification approval could reduce the requirement by one parking space).
2. Other Modifications. Modifications in excess of those cited in Table 17.D.04.050-A (Types of Minor Modifications) above shall require a variance.
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C. Application Requirements. A Minor Modification application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Director is the Review Authority for Minor Modifications subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
E. Approval Procedures.
1. Director Evaluation. After a proposed Minor Modification application has been deemed complete, the Director shall review the Minor Modification application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
2. Precedents. A previous Minor Modification shall not be considered to have set a precedent for the granting of any further Minor Modifications; each case must be considered on its individual merits.
3. Director Decision. The Director shall approve or deny a Minor Modification application in compliance with the findings provided in Subsection 17.D.04.050.F (Findings).
F. Findings. The Review Authority may approve the Minor Modifications, with or without conditions of approval, only after making the following findings:
1. A Modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community;
2. The granting of the Modification would not grant special privileges to the applicant not enjoyed by surrounding property owners;
3. There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations;
4. The purpose of Modification is not based exclusively on the financial advantage of the owner;
5. The alleged difficulties were not created by the owner;
6. The Modification would not substantially increase traffic or endanger public safety; and
7. The Modification would not have detrimental effects on adjoining properties.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Minor Modifications are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection
17.D.02.040.M (Revisions to an Approved Project).
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17.D.04.060 Variances
A. Purpose. In compliance with California Government Code §65900 et seq., this Section allows for Variances from the development standards of this Title, other than those that may be allowed through the Minor Modification process, see Section 17.D.04.050 (Minor Modifications), only when, because of special circumstances applicable to the property, the strict application of this Title deprives such property of privileges enjoyed by other property in the vicinity and located in the same zone.
B. Application Requirements. A Variance application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
C. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Planning Commission is the Review Authority for Variances subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
D. Approval Procedures.
1. Director Evaluation. After a proposed Variance application has been deemed complete, the Director shall review the Variance application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
2. Precedents. A previous Variance shall not be considered to have set a precedent for the granting of any further Variances; each case must be considered on its individual merits.
Nonconforming uses or developments on adjacent properties shall not be considered as grounds for the granting of a Variance.
3. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Variance consistent with Section 17.D.02.040.G (Public Hearings).
E. Findings. The Planning Commission may approve a Variance, with or without conditions of approval, only after making the following findings:
1. There are special circumstances applicable to the property, including but not limited to size, shape, topography, location, or surroundings, such that the strict application of this Title deprives the property of privileges enjoyed by other property in the vicinity and under the identical zone;
2. The Variance does not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and the zone in which the property is located;
3. The special circumstances applicable to the property were not created by an act of the property owner (e.g., a Variance shall not be granted for a self-imposed hardship);
4. Granting the Variance would not authorize a use or activity that is not otherwise expressly authorized by the zone governing the property;
5. Granting the Variance will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent properties;
6. Granting the Variance is consistent with the General Plan and the intent of this Title; and
7. Granting the Variance is consistent with any Specific Plan, if applicable.
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F. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Variances are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).
17.D.04.070 Sign Permits
A. Purpose. This Section establishes the permitting process for permanent signs.
B. Applicability. Subsection 17.C.08.030.B (Permits When Required) describes when a sign permit is required.
1. A Major Sign Permit is required for the following permanent signs, consistent with Chapter 17.C.08 (Signs):
a. Freeway-facing signs;
b. Electronic message signs;
c. Sign exemptions for commercial uses not in a commercial complex consistent with Table 17.C.08.080-C (Commercial Zones, Not Commercial Complex); d. Elevated automobile service station signs up to a maximum of 15 feet in height in commercial zones; and
e. Pylon signs in the Downtown Mixed Use Zone located along Sixth Street between Veile Avenue and Palm Avenue, or along Beaumont Avenue between Fifth Street to Seventh Street.
2. A Minor Sign Permit is required for any other permanent sign that is not subject to a Major Sign Permit and is not exempt by Subsection 17.C.08.020.E (Signs Exempt from Sign Permit); however, a billboard relocation request shall be approved by the Council consistent with Subsection 17.C.08.040.M (Billboard Policy).
C. Application Requirements.
1. An application for a sign permit shall be made on forms as prescribed by the Director.
Such an application shall be filed with the Department. The application shall be accompanied by any fees or bonds as specified by Council resolution.
2. A sign permit application shall contain the location by street and number of the proposed sign structure, as well as the name and address of the owner and the sign contractor or erector. Three copies of the plans, fully dimensioned, shall be filed with the application, including:
a. Plot plan, fully dimensioned, showing location of all buildings and improvements and the location of each proposed sign together with the location, size and height
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b. Elevation plan, fully dimensioned, showing height and size of each proposed sign, colors, method of illumination and materials of construction, and if a wall sign, the exact location on the face of the building.
c. Structural and electrical plans, details and calculations prepared and signed by an engineer or architect registered in the State. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet.
d. A statement by the owner of the proposed sign as to whether the sign is to display commercial or noncommercial messages, or both, and whether the display face will be permanent, changeable, or a permanent structure with changeable elements. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be onsite or offsite.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Sign Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
1. The Planning Commission is the Review Authority for Major Sign Permits, except the Council is the Review Authority for a billboard relocation request consistent with Subsection 17.C.08.040.M (Billboard Policy).
2. The Director is the Review Authority for Minor Sign Permits.
E. Approval Procedures.
1. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director's written notice of determination shall specify the grounds for such denial.
2. Purpose and Method of Review. The purpose of a permit is to ensure compliance with the provisions of this Chapter. After receipt of a complete sign application, the Director shall render a decision to approve, approve with modifications or conditions, or deny the sign request within 30 working days. Unless the applicant waives time, failure of the Director to issue a written decision within 30 working days shall constitute denial of the application. Such a review shall ensure that any sign proposal is in conformance with this Chapter and is consistent with its intent and purpose. In the event that the application is approved with modifications or conditions, those requirements shall not be based upon the proposed message content, sign copy, or design of the visual display of the sign.
F. Findings. The Review Authority may approve a Sign Permit, with or without conditions of approval, only after making the following findings, based on evidence in the public record:
1. All elements of the sign, including design, lighting, scale, width, and materials, are consistent with the intent of the General Plan and any applicable Specific Plan;
2. The sign is consistent with Chapter 17.C.08 (Signs) and this Title;
3. The sign is consistent with any applicable Sign Program;
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4. The sign is consistent with the Downtown Revitalization Plan, if applicable;
5. The design, scale, and materials of the sign harmonize with the architectural design and details of the building or site it serves;
6. The design and scale of the sign is appropriate to the distance from which the sign is normally viewed; and
7. The design and materials of the sign provide a contrast between the background and letters, logos, and/or graphics.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. All sign permit applications shall be initially reviewed by the Director. When the Director issues a decision on a sign permit application, or when the time for doing so has expired without a written decision, then the applicant or any concerned person may appeal first to the Planning Commission and then to the Council. Appeal is effected by filing a written notice thereof with the City Clerk, and paying the applicable appeal fee as set by Resolution of the Council. In each case, written notice of appeal must be filed with the City Clerk within ten days of when the decision was delivered or sent to applicant and all known concerned persons, or the last day on which a decision should have been timely rendered. In each case, the appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the Council, the hearing must follow normal procedures for agenizing and giving public notice. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision.
3. Judicial Relief. Following final decision by the Council, any concerned person may seek judicial review of the final decision on a sign permit application in compliance with California Code of Civil Procedure §1094.8.
4. Expiration, Extensions, and Revisions. Sign Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection
17.D.02.040.M (Revisions to an Approved Project).
5. Revocation or Cancellation. The Director shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this Chapter and/or the terms or conditions of any permit, after written notice of noncompliance and at least 15 days opportunity to cure.
6. Permits Issued in Error. Any approval or permit issued in error may be summarily revoked at any time before substantial work in reliance upon the permit has been accomplished, by the City upon written notice to the holder of the reason for the revocation.
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17.D.04.080 Sign Programs
A. Purpose. The purpose of a Sign Program is to establish a method for an applicant to integrate the design and placement of signs within the overall design of a new project or an existing multi- tenant or mixed-use project. The intent is to ensure design consistency and/or compatibility among individual signs within a multi-tenant property and ensure signs are compatible with the architecture and overall aesthetics of the site and surrounding area. A Sign Program provides a clear prescription of the standards for new and existing signs on the project site and enables consistent and streamlined review, approval, and administration of existing and new signs.
Approval of a Sign Program may result in the application of alternative sign standards that supersede the requirements of Chapter 17.C.08 (Signs), consistent with Subsection 17.C.08.030.C (Sign Programs).
B. Applicability. A Sign Program is required for any of the following:
1. All proposed multi-tenant or multi-story nonresidential developments, including mixed- use developments, and multi-family residential uses; and
2. Existing mixed-use and nonresidential multi-tenant uses, when:
a. A building addition and/or an increase of use is proposed in terms of gross floor area, seating capacity, or other units of measurement indicating an intensification of use of 25 percent or more; or
b. An exterior structural remodeling of the building facade is proposed which affects signage.
3. Whenever required by Chapter 17.C.08 (Signs).
4. A Sign Program may voluntarily be developed and maintained by the owner, applicant, or representative of any new or existing mixed-use, nonresidential, or multi-family residential use, when the owner, applicant or representative seeks allowed modifications under Subsection 17.C.08.030.C (Sign Programs).
C. Application Requirements. A Sign Program application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Planning Commission is the Review Authority for Sign Programs subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
E. Approval Procedures.
1. Discretionary Review. While the application for a Sign Program may be reviewed concurrently with another application that is subject to discretionary review, discretionary review must be limited to the review of non-communicative aspects (i.e., time, place, manner, location, size, height, illumination, spacing, and orientation) of the signs proposed in the Sign Program.
2. Director Evaluation. After a proposed Sign Program application has been deemed complete, the Director shall review the Sign Program application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
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3. Planning Commission Decision. The Planning Commission shall consider the Director’s recommendation and make a decision on the Sign Program.
F. Findings. The Review Authority may approve a Sign Program, with or without conditions of approval, only after making the following findings:
1. The provisions of the Sign Program are consistent with the intent of the General Plan, Chapter 17.C.08 (Signs) of this Title, and any Specific Plan, if applicable;
2. The provisions of the Sign Program are consistent with the Downtown Revitalization Plan, if applicable;
3. The provisions of the Sign Program ensure consistency in design and style of all new signs;
4. The provisions of the Sign Program address compatibility of the design and style of any existing signs on the building or site; and
5. The provisions of the Sign Program address compatibility of the design and style of new signs with the site layout, building configuration, and design and architectural style of building(s).
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration. Approved Sign Programs shall not expire.
4. Revisions. Sign Programs may only be revised as provided in Subsection 17.D.02.040.M (Revisions to an Approved Project).
17.D.04.090 Home Occupation Permits
A. Purpose. The purpose of the Home Occupation Permit is to allow for the conduct of businesses within places of residence and to prescribe the conditions under which limited nonresidential activities may be conducted when incidental to residential activities.
B. Applicability. Section 17.C.10.130 (Home Occupations) identifies requirements for uses and activities that are allowed and require a Home Occupation Permit.
C. Application Requirements. A Home Occupation Permit application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Section.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the Director is the Review Authority for Home Occupation Permits subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
E. Approval Procedures.
1. Director Review. After a proposed Home Occupation Permit application has been deemed complete, the Director shall review the Home Occupation Permit application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).
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2. Director Decision. The Director shall approve or deny the application in compliance with the findings provided in Subsection 17.D.04.090.F (Findings).
F. Findings. The Director shall approve a Home Occupation Permit, with or without conditions of approval, if it is determined that the proposed home occupation would:
1. Be consistent with the General Plan and any applicable Specific Plan;
2. Be consistent with the standards of this Title for the subject zone;
3. Be consistent with the home occupation criteria and standards of Section 17.C.10.130 (Home Occupations); and
4. Be consistent with all other applicable provisions of the Beaumont Municipal Code and applicable laws.
G. Decision; Appeals; Expiration, Extensions, and Revisions.
1. Decision. The Review Authority’s decision shall be in compliance with Subsection
17.D.02.040.H (Findings and Decision).
2. Appeals. The Review Authority’s decision may be appealed as provided in Subsection
17.D.02.040.O (Appeals).
3. Expiration, Extensions, and Revisions. Home Occupation Permits are subject to expiration as provided in Subsection 17.D.02.040.K (Expiration of Permits) and may only be extended or revised as provided in Subsection 17.D.02.040.L (Extension of Time) and Subsection 17.D.02.040.M (Revisions to an Approved Project).
17.D.04.100 Certificates of Appropriateness
A. Purpose. The purpose of this Section is to provide various levels of historic protection and review and to preserve existing elements of historic resources in Beaumont. The City's intent is to be lenient in its review of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic value of surrounding structures.
The establishment of a Certificate of Appropriateness is intended to protect structures of historic significance including areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal.
B. Applicability.
1. A Certificate of Appropriateness is required for the exterior alteration, demolition, removal, or relocation of any historic resource or potential historic resource. A historic resource includes:
a. A resource identified in a City-approved historic or cultural resources study; b. A structure over 50 years old; and/or
c. A structure potentially eligible for registration on a local, state, or national register.
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2. The following activities do not require approval of a Certificate of Appropriateness:
a. Painting, routine maintenance, or minor repair, as determined by the Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of the historic resource. Such work includes:
(i) Alterations to the interior of the structure that do not have the possibility of adversely affecting the integrity of the historic resource; (ii) Repairing pavement or repaving flat concrete work that is not considered a character-defining feature of the historic resource;
(iii) Landscaping, unless the landscaping is considered a character-defining feature of the historic resource;
(iv) Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as a historic resource; (v) Re-glazing windows;
(vi) Replacement of incompatible windows or doors with more historically appropriate windows or doors;
(vii) In-kind replacement of windows and doors on side and rear façades not readily visible from the public right-of-way;
(viii) Minor changes to front and street side fences;
(ix) Construction, repair, demolition, or alterations to side and rear yard fences;
(x) Roofing work, if there is minimal change in roof structure and exterior appearance;
(xi) Foundation work, if there is minimal change in exterior appearance; and/or
(xii) Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding.
C. Application Requirements. A Certificate of Appropriateness application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.
D. Authority. As identified in Table 17.D.02.030-A (Review Authorities), the following are the Review Authorities for Certificates of Appropriateness subject to Subsection 17.D.02.040.B.3 (Multiple Applications) and Subsection 17.D.02.040.O (Appeals).
1. The Director is the Review Authority for minor changes that do not involve new construction, additions to existing structures, or demolition of existing structures.
2. The Planning Commission is the Review Authority for all changes that are not subject to Director review.
E. Approval Procedures.
1. Director Evaluation. After a proposed Certificate of Appropriateness application has been deemed complete, the Director shall review the Certificate of Appropriateness
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2. Notice. Noticing for a Certificate of Appropriateness shall be provided in compliance with Subsection 17.D.02.040.F (Public Hearing Notice); however, the notice for a Certificate of Appropriateness subject to Director review shall state the following:
a. The Director will decide whether to approve or deny the Certificate of Appropriateness on a date specified in the notice; and
b. A public hearing will be held by the Director only if requested in writing by any interested person before the specified date for the decision.
3. Director Review.
a. The Director shall approve or deny a Certificate of Appropriateness in compliance with the findings provided in Subsection 17.D.04.100.F (Findings). b. If a public hearing is requested in writing for a Certificate of Appropriateness application subject to Director review, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Subsection
17.D.02.040.G (Public Hearings) and Subsection 17.D.02.040.F (Public Hearing Notice). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice.
4. Planning Commission Review. The Planning Commission shall conduct a public hearing on a Certificate of Appropriateness consistent with Section 17.D.02.040.G (Public Hearings).
F. Findings. The Review Authority may approve the Certificate of Appropriateness, with or without conditions of approval, only after making either of the following findings:
1. Either:
a. The proposed work will neither adversely affect the significant features or character of a historic resource; or
b. A statement of overriding considerations has been adopted by the review authority finding that the benefits of the proposed work outweigh the impact on historic resources; and
2. The proposed project is consistent with the General Plan and any applicable Specific Plan.
G. Unsafe or Dangerous Conditions. This Subsection shall not be construed to prevent any alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the Building Official or the Fire Chief and where the proposed measures have been declared necessary by such official to correct such conditions. Work shall be performed in compliance with the current adopted version of the Uniform Code for the Abatement of Dangerous Buildings. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this Section.
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17.D.04.110 Reasonable Accommodation
Reasonable accommodation requests are regulated at Beaumont Municipal Code Chapter 15.26 (Reasonable Accommodations).
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-35 Chapter 17.D.06 Zoning Code and Zoning Map Amendments
Sections:
17.D.06.010 Purpose .............................................................................................................. 17.D-35
17.D.06.020 Applicability ....................................................................................................... 17.D-35
17.D.06.030 Application Requirements ................................................................................. 17.D-35
17.D.06.040 Procedures ........................................................................................................ 17.D-36
17.D.06.050 Findings ............................................................................................................. 17.D-36
17.D.06.060 Effective Date .................................................................................................... 17.D-37
17.D.06.010 Purpose
This Chapter establishes procedures to amend the Zoning Map, commonly referred to as a “rezone” or “rezoning”, and to amend the text of this Title in accordance with California Government Code §65853 et seq.
17.D.06.020 Applicability
A. Initiation. A Zoning Map amendment or Zoning Code text amendment (Zoning Amendment) may be initiated by at least one of the following:
1. Council. A majority vote of the Council;
2. Planning Commission. A majority vote of the Planning Commission;
3. Property Owner. An application from the property owner or authorized agent of the property who seeks to have their parcel rezoned. If the property is under more than one ownership, all owners or the authorized agents shall join in filing the application; or
4. Majority of Owners of Area. The owners of 50 percent or more of the area of all the property sought to be rezoned.
B. General Plan Amendment Required. Amendments to zone boundaries or the text of this Title that are not consistent with the General Plan must be accompanied by a General Plan Amendment application in accordance with Chapter 17.D.08 (General Plan Amendments).
C. Urgency Measure. Without following the procedures otherwise required prior to the adoption of new zoning regulations, the Council may adopt an Interim Zoning Ordinance as an urgency measure in compliance with California Government Code §65858, in which case the standards of this Chapter shall not apply. The Interim Zoning Ordinance shall require a four-fifths vote of the Council for adoption.
17.D.06.030 Application Requirements
A. Filing. A Zoning Amendment application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures), and this Chapter.
Division D: Administration and Procedures
B. Responsibility. It is the responsibility of the applicant to provide the necessary information in support of the findings required by Section 17.D.06.050 (Findings).
17.D.06.040 Procedures
A. Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Director shall review the Zoning Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Zoning Amendment consistent with Section 17.D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the Zoning Amendment consistent with Section 17.D.02.040.G (Public Hearings).
b. The Council’s action to approve the Zoning Amendment shall be by ordinance.
17.D.06.050 Findings
A Zoning Amendment may be approved only after all of the following findings are made, as applicable to the type of Zoning Amendment:
A. Findings for All Zoning Amendments.
1. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of the General Plan;
2. The proposed Zoning Amendment is consistent with and conforms to the goals and policies of any applicable Specific Plan;
3. The proposed Zoning Amendment will not be detrimental to the public interest, health, safety, convenience, and general welfare;
4. The proposed Zoning Amendment is in compliance with the provisions of CEQA;
5. When considering a reduction of residential density, ensure compliance with California Government Code §65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and
6. The proposed Zoning Amendment would not result in a net loss of potential housing units.
B. Additional Findings.
1. Zoning Ordinance Text Amendments. The proposed Zoning Amendment is internally consistent with other applicable provisions of this Title.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-37
2. Zoning Map Amendments.
a. The affected site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire, medical, etc.) access and public services and utilities (e.g., fire protection, police protection, potable water, schools, solid waste collection and disposal, etc.), to accommodate the uses and development densities or intensities allowed in the proposed new zone; and
b. If located within or adjacent to residential areas, the requested zone change is compatible with the character of the residential neighborhood.
17.D.06.060 Effective Date
A Zoning Amendment shall become effective 30 days following the date the Council adopts the ordinance.
Division D: Administration and Procedures
Chapter 17.D.08 General Plan Amendments
Sections:
17.D.08.010 Purpose .............................................................................................................. 17.D-38
17.D.08.020 Applicability ....................................................................................................... 17.D-38
17.D.08.030 Application Requirements ................................................................................. 17.D-38
17.D.08.040 Procedures ........................................................................................................ 17.D-38
17.D.08.050 Findings ............................................................................................................. 17.D-39
17.D.08.060 Adoption of General Plan .................................................................................. 17.D-39
17.D.08.010 Purpose
The purpose of this Chapter is to establish the procedures required for the adoption or amendment of the General Plan, including the General Plan land use map.
17.D.08.020 Applicability
A General Plan Amendment may be initiated in the same manner as a Zoning Amendment, see Section
17.D.06.020 (Applicability).
17.D.08.030 Application Requirements
A General Plan Amendment application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures), and the requirements of this Chapter.
17.D.08.040 Procedures
A. Director Evaluation. After a proposed General Plan Amendment has been filed with the Department, the Director shall review the General Plan Amendment to determine whether it conforms with the provisions of this Chapter in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the General Plan Amendment consistent with Section 17.D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the General Plan Amendment consistent with Section 17.D.02.040.G (Public Hearings).
b. The Council’s action to approve the General Plan Amendment shall be by resolution.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-39
17.D.08.050 Findings
A General Plan Amendment may be approved only after all of the following findings are made:
A. The proposed General Plan Amendment is internally consistent with all other provisions of the General Plan;
B. Approval of the proposed General Plan Amendment would not result in the General Plan being amended more frequently than four times per calendar year consistent with California Government Code §65358.
C. The proposed General Plan Amendment serves the public necessity, convenience, and general welfare;
D. The proposed General Plan Amendment is in compliance with CEQA requirements; E. When considering a reduction of residential density, the proposed General Plan Amendment is in compliance with California Government Code §65863 either based on a finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or based on identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and F. The proposed General Plan Amendment would not result in a net loss of potential housing units.
17.D.08.060 Adoption of General Plan
A. A General Plan Amendment shall be adopted by resolution of the Council, in compliance with California Government Code §65453, only after all of the findings contained in Section
17.D.08.050 (Findings) are made. A General Plan Amendment shall be adopted by an affirmative vote of a majority of the total membership of the Council.
B. The Council’s action to amend the General Plan shall become effective on the actual date the Council renders the decision.
Division D: Administration and Procedures
Chapter 17.D.10 Specific Plans
Sections:
17.D.10.010 Purpose .............................................................................................................. 17.D-40
17.D.10.020 Applicability ....................................................................................................... 17.D-40
17.D.10.030 Application Requirements ................................................................................. 17.D-40
17.D.10.040 Procedures ........................................................................................................ 17.D-41
17.D.10.050 Findings ............................................................................................................. 17.D-41
17.D.10.060 Adoption of Specific Plan .................................................................................. 17.D-42
17.D.10.070 Implementation and Amendments ................................................................... 17.D-42
17.D.10.010 Purpose
This Chapter establishes the procedures for the preparation, processing, and adoption of Specific Plans in accordance with California Government Code §65450 et seq.
17.D.10.020 Applicability
A. When Required. When required by the Council, the General Plan, or this Title to systematically implement the General Plan for any part of the city, a Specific Plan shall be prepared, processed, approved, and implemented in compliance with this Chapter.
B. Initiation. An application for a Specific Plan may be initiated in the same manner as a Zoning Amendment, see Section 17.D.06.020 (Applicability).
C. Effect of Specific Plan. The regulations provided by an adopted Specific Plan shall replace those of the current or underlying zone or zones, and the development standards and/or design standards or guidelines identified in the Specific Plan shall take precedence over the general standards included in this Title and any adopted design standards or guidelines.
17.D.10.030 Application Requirements
A. Filing. A Specific Plan application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Chapter.
B. Required Information. An application for a Specific Plan shall be accompanied by the information and materials required in the City’s application form. At a minimum, a Specific Plan application shall include:
1. Proposed land uses. The distribution, location, and extent of land uses proposed within the area covered by the Specific Plan, including open space areas;
2. Infrastructure. The proposed distribution, location, extent, and intensity of major components of public and private circulation/transportation, sewage, water, drainage, solid waste disposal, energy, utilities, and other essential facilities to be located within the Specific Plan area and needed to support the proposed land uses;
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-41
3. Land use and development standards. Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable;
4. Implementation measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure, and development and conservation standards and criteria; and
5. Relationship to General Plan. A statement of the relationship of the Specific Plan to the General Plan.
17.D.10.040 Procedures
A. General. A Specific Plan application shall be processed in the same manner as required for General Plans by Government Code §65350 et seq., and in compliance with this Section:
B. Director Evaluation. After a proposed Specific Plan application has been filed with the Department, the Director shall review the Specific Plan to determine whether it conforms with the provisions of this Chapter in accordance with Subsection 17.D.02.040.D (Review of Planning Applications).
C. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Specific Plan consistent with Section 17.D.02.040.G (Public Hearings) and shall forward a recommendation to the Council.
2. Council Hearing. Council shall conduct a public hearing on the Specific Plan consistent with Section 17.D.02.040.G (Public Hearings).
17.D.10.050 Findings
The Council may adopt a Specific Plan, with or without conditions, only after all of the following findings are made:
A. That the Specific Plan is consistent with the General Plan and other adopted goals and policies of the City;
B. The proposed Specific Plan is in compliance with CEQA requirements; C. When considering a reduction of residential density, ensure compliance with California Government Code §65863 by either finding that the remaining sites identified in the Housing Element are adequate to accommodate the City’s share of the regional housing need or by identifying sufficient additional, adequate, and available sites with an equal or greater density so that there is no net loss in residential density; and
D. The proposed Specific Plan would not result in a net loss of potential housing units.
Division D: Administration and Procedures
17.D.10.060 Adoption of Specific Plan
A Specific Plan shall be adopted by resolution of the Council, in compliance with California Government Code §65453, only after all of the findings contained in Section 17.D.10.050 (Findings) are made. A Specific Plan shall be adopted by an affirmative vote of a majority of the total membership of the Council.
17.D.10.070 Implementation and Amendments
A. Development within a Specific Plan Area. After the adoption of a Specific Plan, subsequent projects to implement the Specific Plan may be approved or adopted within an area covered by the Specific Plan only if first found to be consistent with the Specific Plan, including public works projects or development approvals (e.g., Tentative Map, Conditional Use Permit, Plot Plan, etc.).
B. Specific Plan Fee. The Council may impose a Specific Plan fee surcharge on development permits within the Specific Plan area, in compliance with California Government Code §65456.
C. Amendments.
1. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan.
2. An adopted Specific Plan may be amended as often as deemed necessary by the Council, in compliance with California Government Code §65453.
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-43 Chapter 17.D.12 Development Agreements
Sections:
17.D.12.010 Purpose .............................................................................................................. 17.D-43
17.D.12.020 Applicability ....................................................................................................... 17.D-43
17.D.12.030 Application Requirements ................................................................................. 17.D-43
17.D.12.040 Procedures ........................................................................................................ 17.D-44
17.D.12.050 Findings ............................................................................................................. 17.D-44
17.D.12.060 Execution and Recordation ............................................................................... 17.D-45
17.D.12.070 Annual Review ................................................................................................... 17.D-45
17.D.12.080 Amendment or Termination of an Approved Development Agreement .......... 17.D-46
17.D.12.090 Effect of Development Agreement ................................................................... 17.D-46
17.D.12.010 Purpose
This Chapter establishes procedures for the review of Development Agreements, in compliance with California Government Code §65864 et seq. A Development Agreement is a mutually agreed upon contract between an applicant and the City that provides benefit to both parties. Through a Development Agreement, the City can receive greater community benefits that it could otherwise achieve under this Title, the Beaumont Municipal Code, and state law.
17.D.12.020 Applicability
Only an applicant who has a legal or equitable interest in the real property which is the subject of the Development Agreement, as determined in the sole discretion of the Director, may file an application to enter into a Development Agreement with the City.
17.D.12.030 Application Requirements
A. Filing. A Development Agreement application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Chapter.
B. Required Information.
1. All lawfully required documents, information, and materials shall accompany the application. The Director may require an applicant to submit additional information and supporting data as is necessary to evaluate and process the application.
2. An application for a Development Agreement shall be accompanied by maps, plans, reports, development and performance standards, schematic drawings, or other documents deemed necessary by the Director to sufficiently detail or illustrate intended or permitted uses and their location on the property, the density or intensity of use, and the maximum size and height of structures as appropriate to evaluate the application request. This information may be included in a Specific Plan or other type of application.
Division D: Administration and Procedures
C. Form of Agreement. Each application shall be accompanied by the form of Development Agreement proposed by the applicant. All documents required, including the agreement and any attachments and exhibits, shall be suitable for recordation as determined by the City.
17.D.12.040 Procedures
A. Director Evaluation. After a proposed Development Agreement has been filed with the Department, the Director shall review the Development Agreement to determine whether it conforms with the provisions of this Chapter.
B. Public Hearings.
1. Planning Commission Hearing. The Planning Commission shall conduct a public hearing on the Development Agreement consistent with Section 17.D.02.040.G (Public Hearings) and shall make a recommendation to the Council.
2. Council Hearing.
a. Council shall conduct a public hearing on the Development Agreement consistent with Section 17.D.02.040.G (Public Hearings).
b. If the Council approves a Development Agreement, the approval shall be implemented through the adoption of an ordinance containing the findings required by Section 17.D.12.050 (Findings).
17.D.12.050 Findings
The Council may approve a Development Agreement, with or without conditions, only after the following findings are made:
A. The Development Agreement is consistent with the goals, policies, general land uses, and programs specified in the General Plan;
B. The Development Agreement is consistent with any applicable Specific Plan; C. The Development Agreement and accompanying development maps, plans, and other supporting information are compatible with the uses authorized in, and the performance and development standards prescribed for, the zone in which the subject parcel or site is located; D. The Development Agreement is in conformity with and will promote public convenience, general welfare, and good land use and development practices;
E. The Development Agreement shall be shown to be of greater benefit to the community than development absent the Development Agreement;
F. The term or duration of the Development Agreement has a commensurate relationship to the benefit(s) provided;
G. The Development Agreement contains the mandatory provisions specified in California Government Code §65865.2 and any other terms required by Council; and H. The Development Agreement complies with all other applicable requirements of California Government Code §65864 et seq.
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Public Review Draft | Beaumont Zoning Code Update | Page 17.D-45
17.D.12.060 Execution and Recordation
No later than 10 days after the ordinance approving a Development Agreement takes effect, the Mayor shall execute the Development Agreement, and the City Clerk shall record the Development Agreement with the County Recorder in compliance with California Government Code §65868.5
17.D.12.070 Annual Review
A. Requirement for Annual Review. Every Development Agreement approved and executed in compliance with this Chapter shall be subject to periodic review every 12 months or less by the City during the full term of the agreement. The burden of proof shall be on the applicant, contracting party, or successor in interest to demonstrate compliance in good faith to the terms and conditions of the agreement to the full satisfaction of, and in a manner prescribed by, the City.
B. Initiation of Review. The applicant, contracting party, or successor in interest shall initiate annual review by submitting a written statement to the Director describing their good faith substantial compliance with the terms and conditions of the agreement for the prior year.
C. Fees. Appropriate fees to cover the City's cost to conduct the annual reviews shall be collected from the applicant, contracting party, or successor in interest prior to completion of each annual review. These fees may be established in the Development Agreement or by resolution of the Council.
D. Determination upon Review. The Director shall review the materials furnished by the applicant, contracting party, or successor in interest to determine upon the basis of substantial evidence whether or not the applicant has, for the period under review, complied in good faith with the terms and conditions of the Development Agreement.
1. Finding of Compliance. If the Director, based on substantial evidence, determines that the applicant is in compliance with the provisions of the Development Agreement, the Director shall deliver a report of the determination to the Council and then no further action is required.
2. Finding of Noncompliance. If the Director finds the applicant has not complied with the provisions of the Development Agreement, the Director shall issue a finding of noncompliance. The Director shall specify in writing to the applicant the respects in which the applicant has failed to comply with the Development Agreement and shall set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If the applicant does not comply with any terms of compliance within the prescribed time limits, the Development Agreement shall be subject to termination or modification in accordance with this Chapter.
3. Appeal of Determination. Within 10 days after issuance of a finding of noncompliance, any interested person may file a written appeal of the finding with the Council as described in Subsection 17.D.02.040.O (Appeals). The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the Council of the issuance of the finding on the appeal, shall conclude the review for the applicable period. The determination shall be final.
Division D: Administration and Procedures
17.D.12.080 Amendment or Termination of an Approved Development Agreement
A. A Development Agreement may be amended or canceled, in whole or in part, by mutual consent of the parties to the agreement or their successors in interest in compliance with California Government Code §65868. The City shall have notice of the amendment, modification or termination recorded with the County Recorder's office.
B. If, upon a finding under Subsection 17.D.12.070.D.2 (Finding of Noncompliance), the City determines to proceed with modification or termination of a Development Agreement, the City shall give notice to the applicant of its intention to do so. The procedure for modifying or terminating a Development Agreement is the same as the procedure for entering into a Development Agreement as specified in this Chapter. If the City modifies or terminates a Development Agreement in compliance with this Chapter, the City shall have notice of the noncompliance recorded with the County Recorder's office.
17.D.12.090 Effect of Development Agreement
A. Unless otherwise provided by the Development Agreement, the rules, regulations, and official policies governing permitted uses of the land, density, design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, are the rules, regulations, and official policies in force at the time of execution of the Development Agreement.
B. Unless specifically provided in the Development Agreement, the Development Agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the Development Agreement, nor does a Development Agreement prevent the City from conditionally approving or denying any subsequent development project application on the basis of existing or new rules, regulations, and policies.
Division D: Administration and Procedures
Public Review Draft | Beaumont Zoning Code Update | Page 17.D-47 Chapter 17.D.14 Enforcement
Sections:
17.D.14.010 Purpose .............................................................................................................. 17.D-47
17.D.14.020 Responsibility for Enforcement ......................................................................... 17.D-47
17.D.14.030 Zoning Violations ............................................................................................... 17.D-47
17.D.14.040 Remedies Cumulative ........................................................................................ 17.D-47
17.D.14.010 Purpose
This Chapter supplements existing code enforcement regulations in Beaumont Municipal Code Chapter
1.17 (Administrative Code Enforcement) and Chapter 8.32 (Nuisances).
17.D.14.020 Responsibility for Enforcement
This Section describes responsibilities for enforcement of Title 17.
A. Special Prosecutor Responsibilities. The Special Prosecutor, upon the request of the Council, shall institute any necessary legal proceedings to enforce this Title 17. The Special Prosecutor shall be authorized, in addition to any other remedy provided in the Beaumont Municipal Code to institute an action for an injunction to restrain or any other appropriate action or proceedings for enforcement.
B. Responsibility for Enforcement. The Planning Commission, the Director, the City Attorney, the City Clerk, and all officials charged with the issuance of licenses or permits in compliance with Title 17 shall enforce the provisions of this Title. Any permit, certificate, or license issued in conflict with the provisions of this Title shall be void.
17.D.14.030 Zoning Violations
See Beaumont Municipal Code Section 8.32.070 (Zoning Ordinance Violations).
17.D.14.040 Remedies Cumulative
All remedies concerning this Zoning Code shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof.
City of Beaumont
Division E: Definitions
Public Review Draft
Lisa Wise Consulting, Inc.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-i Division E: Table of Contents
Definitions of Terms ....................................................................................... 17.E-1 Chapter 17.E.04 Definitions of Uses ........................................................................................ 17.E-15
17.E.04.010 Residential Uses ................................................................................................... 17.E-15
17.E.04.020 Commercial Uses .................................................................................................. 17.E-17
17.E.04.030 Alcohol-Serving and Restaurant Uses .................................................................. 17.E-21
17.E.04.040 Vehicle-Related Uses ............................................................................................ 17.E-21
17.E.04.050 Manufacturing and Industrial Uses...................................................................... 17.E-22
17.E.04.060 Agricultural Uses .................................................................................................. 17.E-24
17.E.04.070 Public, Institutional, and Utility Uses ................................................................... 17.E-24
17.E.04.080 Other Uses ............................................................................................................ 17.E-26 Chapter 17.E.06 Definitions of Sign Terms .............................................................................. 17.E-27
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-1 Definitions of Terms
This Chapter provides definitions for terms that are commonly used throughout this Title.
Abut or Abutting. See “adjoining”.
Access. The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code.
Accessory Building. An attached or detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land.
Accessory Structure. An attached or detached structure that is accessory and incidental to a primary structure located on the same lot.
Accessory Use. A use incidental to, related, and clearly subordinate to the principal use established on the same lot.
Adjacent. Two or more lots or parcels of land separated by an alley, street, highway, or recorded easement, or two or more objects located near each other.
Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in physical contact with each other.
Adult-Oriented Business Terms.
For additional adult-oriented business definitions, see Beaumont Municipal Code Section 5.60.020 (Definitions).
Public Park. A park, playground, swimming pool, reservoir, golf course, or athletic field within the City of Beaumont which is under the control, operation or management of the City of Beaumont, the County of Riverside, the Beaumont-Cherry Valley Park and Recreation District, or the State of California.
Religious Institution. A building which is used primarily for religious worship and related religious activities.
School. An institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary, junior high school, middle school, senior high school or any special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or an institution of higher education, including a community or junior college, college or university.
Sexual Encounter Establishment. An establishment, other than hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons can congregate, associate of consort in connection with specified sexual activities of the exposure of specified anatomical areas as defined in Beaumont Municipal Code Section 5.60.020 (Definitions). This definition does not include an establishment where medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of California engages in sexual therapy.
Division E: Definitions
Alley. A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties.
Amendment. A change in the wording, context, content, or substance of this Zoning Code or in the Zoning Map.
Assessor. The Assessor of the County of Riverside.
Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum, or a similar material, which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements.
Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side.
Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides.
Basement. The portion of a building located underneath the first floor of a structure.
Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of people, animals, or property of any kind.
Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Code.
Building, Main. A building in which a principal use is conducted. In a residential or agricultural zone, any residential unit shall be deemed the main building on the lot.
Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Code.
Building Wall. The vertical surface that defines the exterior boundaries of a building.
Canopy. See “awning,” except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building.
Carport. A permanently roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage.
Cell. See “Energy Storage System Terms” below.
Cellar. See ”basement”.
Centerline. The centerline of any street, as established by the City Engineer by official surveys, and on file in the Office of the City Engineer.
City. Refers to the City of Beaumont.
Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the California State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property.
Commissioning. See “energy storage system terms”.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-3 Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing to a condominium, community apartment, planned development, stock cooperative, or common interest development.
County. Refers to the County of Riverside.
Courtyard. An open, unoccupied space bounded on two or more sides by the walls of a building.
Coverage. The percentage of total site area covered by structures, open or enclosed. See Section
17.A.06.090 (Determining Lot Coverage).
Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls.
Decommissioning Plan. See “Energy Storage System Terms” below.
Decorative Masonry Block. Neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish.
Decorative Concrete Tilt-Up Wall. A wall made of concrete with a combination of paint and raised patterns, reveals, and/or trim lines.
Density Bonus Housing Agreement. A legally binding agreement between a developer of a housing development and the City containing such terms and conditions as determined by the City Attorney.
Department. The City of Beaumont Planning Department.
Director. Refers to the Community Development Director or his or her designee.
Driveway. An appropriately paved and privately-owned surface or road that provides access to off- street parking or loading facilities.
Efficiency Kitchen. A kitchen that includes the following:
1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas;
2. A food preparation counter;
3. Storage cabinets that comply with minimum building code standards; and May include a single basin sink with a maximum waste line diameter of 1.5 inches.
Energy Storage System Terms.
Battery. A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. Batteries utilized in consumer products are.
Battery Energy Storage Management System. An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.
Battery Energy Storage System. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems, and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle.
Division E: Definitions
Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping, and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type, and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.
Energy Storage System. A system which stores energy and releases it in the same form as was input.
Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients.
Façade, Building. The exterior wall of a building that is located above ground.
Family. One or more people living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries, or nunneries.
Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, excluding vent shafts and courts.
Floor Area, Net. The total usable floor area within all floors of a building included within the surrounding walls.
Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which the building or buildings are located.
Frontage. The frontline of a site, separating the site from the street.
General Plan. The General Plan of the City of Beaumont, consisting of the General Plan and Map, adopted by the City Council.
Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project.
Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project.
Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building.
Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance.
Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-5 Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
1. Exhibit toxicity, corrosivity, flammability, and/or reactivity;
2. Cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or
3. Present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Height. See ”building height.”
Home Occupation. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit.
Household Pet. A domesticated animal commonly maintained within a residence.
Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food.
Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.
Loading Space. An off-street space or berth on the same lot as a building, or contiguous to a group of buildings, designated for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials, and which abuts upon a street or other appropriate means of access.
Lot. A parcel, tract, or area of land established by plat, subdivision, or as otherwise allowed by law, to be used, developed or built upon.
Corner Lot. A lot situated at the intersection of two or more streets having an angle of intersection of not more than 135 degrees.
Flag Lot. A lot having frontage upon, or access via an easement to, a public or private street by a narrow, private right-of-way.
Interior Lot. A lot other than a corner lot, flag lot, or through lot.
Irregular Lot. A lot which is shaped in a way that does not match the regular pattern of the lots on a block.
Key Lot. A lot with a side lot line that abuts the rear lot line of any one or more adjoining lots.
Reversed Corner Lot. A corner lot where the street side lot line of the lot is substantially a continuation of the front lot line of the lot to its rear.
Through Lot. A lot having frontage on two parallel or approximately parallel streets.
Division E: Definitions
FIGURE 17.E.02-1: LOT TYPES
Lot Dimensions. The linear measurements of a parcel of land.
Lot Area. The total horizontal area within the lot lines of a lot.
Lot Area, Gross. The total area included within the lot lines of a lot, including street rights-of-way and easements that are required to be dedicated with the project and are within the lot boundaries.
Lot Depth. The horizontal distance between the front and rear lot lines, see Section 17.A.06.030 (Measuring Lot Width and Depth).
Lot Width. The horizontal distance between the side lot lines, see Section 17.A.06.030 (Measuring Lot Width and Depth).
Net Area. The gross lot area, excluding dedications and easements that are not for the exclusive use of the lot on which the dedication or easement is located.
Lot Lines. The boundary between a lot and other property or the public right-of-way.
Front Lot Line. On an interior lot, the line separating the lot from the street. On a corner lot, the shorter lot line abutting a street. On a through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Interior Lot Line. Any lot line that is not adjacent to a street.
Rear Lot Line. The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for establishing the minimum rear setback.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-7 FIGURE 17.E.02-2: REAR LOT LINES, IRREGULAR LOTS
Side Lot Line. Any lot line that is not a front or rear lot line.
Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.
FIGURE 17.E.02-3: LOT LINE TYPES
Low Barrier Navigation Center. Consistent with California Government Code §65660, Housing First, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
No Net Loss Program Density Bonus Units. Residential units granted in accordance with Chapter
17.C.14 (No Net Loss Program), that exceed the maximum residential density for the development site and that are available in the No Net Loss Program Unit Bank.
No Net Loss Program Unit Bank. The number of units available to the No Net Loss Program as a result of a change of zone from a residential use to a less intensive residential use or a nonresidential use.
Division E: Definitions
Nonconforming Building. A building or structure, or portion of a building or structure, lawfully existing and built in compliance with all City land use and zoning laws in effect at the time, and which does not comply with current standards in this Title, including but not limited to height, setbacks, floor area ratio, or maximum lot coverage.
Nonconforming Lot. A lot that was lawfully established in compliance with all applicable codes and laws at the time it was created but which, due to the application of this Title, does not comply with lot standards including area, width, and depth.
Nonconforming Use. Any use of land or property that was lawfully established pursuant to all applicable codes and laws at the time the use commenced, but which, due to the application of this Title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Parcel. See “lot”.
Parolee/Probationer. An individual as follows:
• Convicted of a federal crime, sentenced to a United States federal prison, and received conditional and revocable release in the community under the supervision of a federal probation/parole officer; or
• Who is serving a period of supervised community custody as defined by California State Penal Code §3000, following a term of imprisonment in a State prison or County jail, and is under the jurisdiction of the California Department of Corrections, Division of Adult Parole Operations; or
• An adult or juvenile individual sentenced to a term in the California Youth Authority and received conditional and revocable release in the community under the supervision of a Youth Authority parole officer; or
• An adult or juvenile offender released from county jail or state prison after October 1, 2011, on Post Release Community Supervision.
Porch. A permanent projection attached to an entrance of a building, which has a roof but is not fully enclosed.
Pre-Existing. In existence prior to the effective date of this Title.
Public Transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Recharging Stations. An area where equipment is provided to recharge an electric vehicle.
Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re-manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with California Health and Safety Code §25250.11 and 25143.2(b)(4).
Rental Units. A housing unit leased for the occupancy of a residential household.
Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-9 Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
Setback. The distance between a property line and a building or structure that must be kept clear or open, except for the encroachments specifically permitted by this Title. See also Section 17.A.06.050 (Measuring Setbacks).
Front Setback. The area extending the full width of the lot as measured from, and perpendicular to, a front lot line.
Interior Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, an interior lot line.
Street Side Setback. The area extending from a front setback line to a rear setback line as measured from, and perpendicular to, a street side lot line.
Rear Setback. The area extending the full width of the lot as measured from, and perpendicular to, a rear lot line. Also see “lot lines” (rear lot line).
Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.
Storage Container. A storage container is a large, reusable box used to transport goods by land, sea, or air, as well as to store goods. “Storage container” includes shipping containers, cargo containers, and other portable shipping containers such as PODs®.
Story. "Story" as defined in the currently adopted and effective Uniform Building Code of the City.
Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" includes all major and secondary highways, traffic collector streets, and local streets.
Street, Centerline. See “centerline.”
Street Line. The boundary line between the street right-of-way and abutting property.
Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters.
Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts joined together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios.
Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep, including hot tubs and spas.
Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another.
Target Population. Consistent with California Health and Safety Code §50675.14, persons, including persons with disabilities, and families who are "homeless." as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined by California Government Code §12957(e)(2). Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that
Division E: Definitions
term is defined by Section 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing project in which they currently reside.
Target Unit. A dwelling unit within a housing development, reserved for sale or rent to, and affordable to, lower- or moderate-income households.
Tire. A rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires.
Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained.
Usable Open Space. Any outdoor open space consistent with Section 17.C.02.090 (Open Space, Usable), and which is not used as storage or for movement of motor vehicles.
Water Efficient Landscape Terms.
Backfilling. To refill an excavation, usually with excavated material.
Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.
Check Valve or Anti-Drain Valve. A valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads or other irrigation device when the system is off.
Distribution Uniformity (DU). The measure of the uniformity of irrigation water distributed over an area, typically expressed in a percentage and converted to decimal form for water use calculations.
Emitter Tubing or Sub-Surface Emitter Dripline. The application of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines containing factory installed low volume drip emitters equally spaced to apply small volumes of water when installed per manufactures recommendations at or near the root zone of plants. The DU of this type of irrigation generally does not exceed 80 percent when plant spacing is random as each emitter is not dedicated to an individual plant but installed in a grid fashion. The DU of this type of irrigation generally does not exceed 85 percent when plant spacing is densely grouped in a triangular or rectangular spacing as each emitter is not dedicated to an individual plant but installed in a grid fashion.
Established Landscape. The point at which plants in the landscape have developed a significant root growth into the site. Typically, most plants are established after one or two years of growth.
Estimated Annual Water Use (EAWU). Estimated total water use per year as calculated by the formula contained in Section 17.C.04.060.C.5.b.xiii.b.
Functional Turf. The turf areas to be publicly and privately accessible and dedicated as active play and recreation areas such as parks, sports fields, and golf courses; where turf provides a playing field or where turf is needed for high foot traffic activities.
Hydrozone. A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-11 Invasive Species. Non-indigenous species (e.g. non-native plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multiple Species Habitat Conservation Plan and the Coachella Valley Multiple Species Habitat Conservation Plan. The lists are hereby incorporated by reference.
Landscape Architect. means a person who holds a license or is registered to practice landscape architecture in the State of California.
Landscaped Area (LA). All of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings, structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open space and existing native vegetation).
Local Water Purveyor. Any entity, including a public agency or private water company that provides retail water service to customers in the unincorporated area of Riverside County.
Maximum Applied Water Allowance (MAWA). The upper limit of annual applied water allowed for the established landscaped area as calculated by the formula contained in Section 17.C.04.060.C.
5.b.xiii.a.
Mulch. A layer of material applied to the surface of an area of soil on the ground to prevent excessive evaporation or erosion, to enrich the soil, inhibit/discourage weed growth, increase the rate of saturation, and reduce fluctuation in soil temperature. Mulch may be organic (such as bark mulch, wood chips) or inert (decomposed granite, gravel).
Overhead Sprinkler Irrigation Systems. Systems that deliver water through the air (e.g., impulse sprinklers, spray heads and rotors, etc.).
Point Source Drip or Point to Point Drip. The application type of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines with a dedicated field-installed low volume emitter or emitters at each specific plant. The DU of this type of irrigation generally does not exceed 90 percent.
Potable Water. Water that must meet Federal and State safe drinking water standards and is safe for human consumption and contact.
Reference Evapotranspiration (Eto). A standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current Evapotranspiration Zones Map developed by the California Department of Water Resources. For geographic areas not covered by the evapotranspiration zones map, data from nearby areas shall be used.
Rehabilitated Landscapes. Any re-landscaping of a project that requires a discretionary permit.
Special Landscape Area. An area of the landscape dedicated to edible plants, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. Cemeteries shall also be considered as special landscape areas. These areas shall be allowed 1.0 ETo.
Division E: Definitions
Temporarily Irrigated. Irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less.
Turf, Turfgrass, or Lawn. Species of warm or cool season grasses that form a dense thick mat of roots. Mowing creates a dense even surface and increases the need for water regardless of season. Turf or turfgrass or lawn does not include artificial turf.
Water-Intensive Landscaping. A landscape with a WUCOLS IV plant factor of 0.61 or greater and categorized as high or between high and moderate.
WUCOLS. The publication entitled "Water Use Classification of Landscape Species IV" by the California Department of Water Resources (DWR) Water Use Efficiency Program, California Center for Urban Horticulture (CCUH), University of California Davis, and University of California Cooperative Extension (2014 or most current WUCOLS version).
Wireless Telecommunications Terms.
Antenna. Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.
Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. • The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. • The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber- optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).
• The term includes any structure other than a tower that, at the time the relevant application is filed with the state or local government, supports or houses equipment described above that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing the support. • The term does not include any structure that, at the time the relevant application is filed with the state or local government, does not support or house equipment described in above.
Colocation. Mounting or installing a wireless telecommunication facility on a pre-existing structure; and/or modifying a structure for the purpose of mounting or installing a wireless telecommunications facility on that structure. For the purposes of eligible facilities requests, colocation means the mounting or installation of transmission equipment on an existing tower or base station.
Commercial Wireless Communication Facility. A wireless communication facility operated by a for- profit business or for-profit purposes.
Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-13 • Colocation of new transmission equipment;
• Removal of transmission equipment; or
• Replacement of transmission equipment.
Fixed Wireless Signal. Any commercial non-broadcast communications signals transmitted via wireless technology to and/or from a fixed customer location. Fixed wireless signals do not include, among other things, AM radio, FM radio, amateur (“HAM”) radio, CB radio, and Digital Audio Radio Service (DARS) signals.
Hub or Relay Antenna. Any antenna that is used to receive or transmit fixed wireless signals for the distribution of fixed wireless services to multiple customer locations as long as the antenna serves a customer on whose premises it is located but excludes any hub or relay antenna that is used to provide any telecommunications services or services that are provided on a commingled basis with telecommunications services.
Lattice Tower. A type of tower; a three- or more-legged structure designed and erected on the ground to support wireless telecommunication antennas and connecting appurtenances.
Monopole. A type of tower; a structure of single pole (non-lattice) design and erected on the ground to support wireless telecommunications antennas and connecting appurtenances.
Noncommercial Wireless Communication Facility. A wireless communication facility operated by a government agency, a nonprofit organization, a for-profit business for nonprofit purposes or a private citizen for personal use. This use includes all amateur radio facilities.
Satellite Dish or Non-Satellite Dish. A sub-type of antenna incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia shaped, and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, Television Receive Only (TVROs), and satellite microwave antennas.
Small Wireless Facilities. Facilities that meet each of the following conditions:
• The facilities:
- Are mounted on structures 50 feet or less in height including their antennas as defined in this Section;
- Are mounted on structures no more than 10 percent taller than other adjacent structures; or
- Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; • Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume; • All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; • The facilities do not require antenna structure registration under 47 CFR section 17.4; • The facilities are not located on Tribal lands, as defined under 36 CFR section 800.16(x); and
• The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR section 1.1307(b).
Division E: Definitions
Stealth Design. Improvements or treatments added to a wireless telecommunication facility which are intended to make the facility look like something other than a wireless tower or base station or to mask or blend the proposed facility into the existing structure or visual backdrop, in such a manner as to render it minimally visible to the casual observer.
Stealth Wireless Communications Facility. Any antenna that is designed to be architecturally integrated into a building and is architecturally consistent with the building design. Examples include a steeple, cupola or tower element on a building and do not include flag poles, monopoles or other structures designed to house antenna and resemble natural features.
Telecommunication Facility, Major. A communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact citywide or on the regional environment due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a network of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the Director, warrant this classification.
Telecommunication Facility, Minor. A communication facility which by its size, scale, location, design, or combination of such measures, allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.
Tower. Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.
Yard. See “setback”.
Zone. A specifically delineated area in the city within which regulations and requirements in this Title uniformly govern the use, placement, spacing, and size of land and buildings.
Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-15 Chapter 17.E.04 Definitions of Uses
This Chapter provides definitions for all uses established in the use tables in Division 17.B (Zone Regulations).
17.E.04.010 Residential Uses
Accessory Dwelling Unit. As defined by California Government Code §66313, an ADU is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An ADU also includes an efficiency unit as defined in California Health and Safety Code §17958.1 and a manufactured home as defined by California Health and Safety Code §18007.
Junior Accessory Dwelling Unit (JADU). As defined by California Government Code §66313, a JADU is a residential unit that is consistent with the following:
1. Is no more than 500 square feet in size;
2. Is contained entirely within an existing or proposed single-family structure;
3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed primary dwelling; and
4. Includes an efficiency kitchen.
Boarding or Rooming House. A residence or dwelling, other than a hotel or motel, where three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence.
Caretaker’s Unit. A dwelling unit occupied by employees or caretakers of the primary use on the site.
Day Care Center. As defined by Health and Safety Code §1596.78, a home in which the provider regularly provides care, protection, and supervision for children for less than 24 hours per day.
Small. A home in which the provider regularly provides care, protection, and supervision for eight or fewer children for less than 24 hours per day.
Large. A home in which the provider regularly provides care, protection, and supervision for up to 14 children for less than 24 hours per day.
Duplex. A structure consisting of two attached dwelling units.
Elderly and Long-Term Care. Establishment that provides 24-hour medical, convalescent, or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed by the California Department of Public Health. Includes, but is not limited to skilled nursing facilities, rest homes, and convalescent hospitals. Does not include a residential care facility or hospital.
Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay as set forth in the California Health and Safety Code §50801(e), as may be amended.
Division E: Definitions
Employee Housing. As described in California Health and Safety Code §17021.6 and 17008, any employee housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single family or household.
Home Occupation Business. A commercial use conducted on residential property by the inhabitants of the subject residence, which is incidental and secondary to the residential use of the dwelling.
Live-Work Unit. An integrated housing unit and working space that has been constructed for such use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the California Building Code. Living space includes, but is not limited to, a sleeping area, a food preparation area, and a full bathroom. The working space is reserved for and regularly used by one or more occupants of the unit.
Low Barrier Navigation Center. Consistent with California Government Code §65660, a service- enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health, shelter, and housing services.
Mobilehome Park. A development designed for and occupied by manufactured/mobile housing units consistent with the requirements of California Health and Safety Code §18200 to 18700. A mobile home park includes facilities and amenities used in common by occupants who rent, lease, or own spaces for mobile home units/spaces through a subdivision, cooperative, condominium, or other form of resident ownership.
Multi-Family Dwelling. A building containing three or more dwelling units.
Parolee/Probationer Home. A dwelling in which at least one parolee or probationer lives.
Residential Care Facility.
Small. Consistent with Health and Safety Code §1502, a facility that provides living accommodations and 24-hour care for six or fewer persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.
Large. Consistent with Health and Safety Code §1502, a facility that provides living accommodations and 24-hour care for seven or more persons requiring personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are group homes or shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions.
Single-Family Dwelling. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, located on a separate lot from any other unit (except accessory dwelling units, where permitted), and have only one kitchen. This includes individual manufactured housing units installed on a foundation system pursuant to California Health and Safety Code §18551, and the use of a single-family residential structure as employee housing for six or fewer employees consistent with California Health and Safety Code §17021.5.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-17 Single-Room Occupancy (SRO) Residence. A multi-tenant building consisting of single room dwelling units that are the primary residence of its occupants, containing either individual or shared kitchen and bathroom facilities.
Supportive Housing. Consistent with Health and Safety Code §50675.14, housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Transitional Housing. Consistent with California Government Code §65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Two-Unit Project. The development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot. Also known as an “SB 9 unit” (see California Government Code §65852.21).
17.E.04.020 Commercial Uses
Adult-Oriented Business. See Beaumont Municipal Code Section 5.60.020 (Definitions).
Animal Care and Services.
Animal Hospital. Medical care for household pets on a commercial basis with 24-hour accommodation of animals, but does not include kennels. Includes animal rescue facilities.
Kennel/Cattery. A commercial, non-profit, or governmental establishment licensed to operate a facility providing shelter, breeding, and/or care for domestic animals that offers overnight (24- hour) accommodation. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals. Includes animal rescue facilities.
Pet Day Care. A commercial, nonprofit, or governmental facility for keeping or maintaining household pets not owned by the facility owner or operator that provide daily accommodations of animals (not including overnight stays). Also includes grooming services.
Veterinary Clinic. Medical care for household pets on a commercial basis with no overnight (24- hour) accommodation of animals.
Banks and Financial Institutions.
Bank and Financial Services. A financial institution providing retail banking services. This classification includes only institutions that serve walk-in customers or clients, including banks, savings, and loan institutions, check-cashing services, and credit unions. Includes facilities that provide self-serve facilities; excludes drive-through facilities.
Pawnbroker. A place of business where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money.
Commercial Day Care Facility. Establishments providing non-medical care for children on a less than 24-hour basis other than large/small family child care homes. This classification includes licensed nursery schools, preschools, and day care facilities for children, and any other day care facility licensed
Division E: Definitions
by the State of California. This use does not include after school program, summer camp, and tutoring facilities.
Drive-through Facility. A motor vehicle drive-through facility which is a commercial building or structure or portion thereof which is designed and/or used to provide goods and services to drivers while they remain seated in their vehicles. It includes, but is not limited to, banks and other financial institutions, fast food establishments, and pharmacies, but shall not include drive-in movies, service stations, or car wash operations.
Entertainment and Recreation, Commercial.
Entertainment, Indoors. Predominantly spectator uses conducted within an enclosed building.
Typical uses include movie theaters, enclosed sports arenas, live performing arts venues, escape rooms, and video game activities and competitions such as e-sports.
Entertainment, Outdoors. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include outdoor theaters, partially enclosed sports arenas, racing facilities, outdoor concert facilities, amphitheaters, drive-in movie theaters, aquatic parks, and amusement parks.
Sports and Recreation, Indoors. Predominantly participant sports conducted within an enclosed building. Typical uses include indoor bowling alleys, billiard parlors, ice and roller skating rinks, indoor racquetball courts, go-kart tracks, indoor shooting ranges, trampoline parks, athletic clubs, and physical fitness centers. Excludes operations where activities are primarily class- or appointment-based such as yoga studios and personal trainers.
Sports and Recreation, Outdoors. Predominantly participant sports conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, outdoor shooting and/or archery ranges, miniature golf courses, golf courses, outdoor go-karts, swimming pools, and tennis courts.
Funeral Home, Mortuary. An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of human remains and conducting memorial services. Typical uses include a crematory or mortuary. This use does not include cemeteries.
Hospital. A state-licensed facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.
Instructional Services. An establishment that offers specialized programs in improvement, information, and personal growth and development such as photography, fine arts, crafts, music, yoga, martial arts, dance, driving schools, health and wellness, and academic tutoring. Attendance is typically limited to hourly classes rather than full-day instruction. These establishments do not grant diplomas or degrees, though instruction may provide credits for diplomas or degrees granted by other institutions. Retail sales are permitted as an accessory use.
Group. Group instruction includes six or more students or clients at any one time.
Private. Private instruction includes fewer than six students or clients at any one time.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-19 Lodging Uses.
Bed and Breakfast Establishment. A residential property with one or more bedrooms dedicated for rental for overnight lodging and where meals may be provided to guests. A bed and breakfast is either owner-occupied or has the manager or proprietor of the lodging business living on the premises.
Hotel. A commercial establishment providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to rooms or units primarily from interior lobbies, courts or halls. A hotel may include limited facilities for storage and preparation of food and beverages within individual rooms, such as coffee makers, mini refrigerators and microwave ovens.
Motel. A building or group of attached or detached buildings providing lodging accommodations for a fee for transient guests, generally for stays of 30 days or less, with access to each room or unit through an exterior door. Motels are distinguished from hotels primarily in that motels provide direct independent access to, and adjoining parking for, guest rooms and do not provide 24-hour guest services.
RV Camper Park. Any area or tract of land where one or more lots are rented or leased or held out for rent or lease to owners or users of RVs or tent camping used for travel or recreation purposes. RV parks can include utility hook-ups and amenities which could include but are not limited to a pool, recreational structure, and playground.
Maintenance and Repair Services. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar large items. This classification excludes maintenance and repair of vehicles or boats (see “vehicle repair and maintenance”) and personal items such as apparel, shoes, and jewelry (see “general services, small”).
Medical Support Laboratory. A facility for scientific laboratory analysis of medical resources. The analysis is generally performed for medical providers to support the medical provider's work on behalf of patients.
Offices.
Business and Professional. Offices of firms or organizations providing professional, executive, business, management, or administrative services, including but not limited to accounting, architectural, computer software design, engineering, consulting, graphic design, insurance, interior design, real estate, legal, and tax preparations offices. Also includes co-working spaces designed to accommodate individuals and organizations that provide such services.
Communication Office/Studio. Includes radio, television or recording studios.
Medical Office/Clinic. Office use providing consultation, diagnosis, therapeutic, preventive, or corrective medical treatment services by doctors, dentists, chiropractors, optometrists, psychotherapists, alternative healing practitioners such as acupuncturists, and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental laboratories and research within the office that supports the on-site patient services is considered part of the office use. This use includes urgent care facilities. Excludes independent research laboratory facilities and hospitals (see medical support laboratory and see hospital).
Division E: Definitions
Retail.
Convenience Store. An easy access retail store in a building or tenant space of 5,000 square feet or less in gross floor area, which carries a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility.
General Retail. The retail sale or rental of merchandise not specifically listed under another use definition. This includes department stores, clothing stores, furniture stores, pharmacies, pet supply stores, flower shops (florist), art supply stores, music stores, book stores, and other businesses retailing (or renting) toys, hobby materials, handcrafted items, formalwear, music equipment and instruments, jewelry, cameras, candy, gifts and novelties, electronic equipment, sporting goods, hardware, appliances, antiques, art, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories, excluding vehicle service and installation (see vehicle repair and maintenance). Excludes large format retail and other sales-related uses more specifically described in other use definitions.
Grocery Store, Large. Retail establishments that primarily sell food, but also may sell other convenience and household goods, and could include a delicatessen or specialty food shop, baked goods, frozen foods, fruits, vegetables, meats, cheeses, dairy, and prepared food, and which occupy more than 25,000 square feet of gross floor area, but not more than 80,000 square feet of gross floor area.
Grocery Store, Small. Retail establishments with gross floor area less than 25,000 square feet that primarily sell food products, such as fresh fruits and vegetables, meats and seafood, dairy products, baked goods, packaged and prepared foods, and frozen foods, but that may also sell other convenience and household goods. May also include a delicatessen or other specialty food shop.
Large Format Retail. Retail establishments over 80,000 square feet in size that sell merchandise and/or bulk goods primarily for individual consumption, including, but not limited to, department stores, home improvement stores, membership warehouses which emphasize bulk sales to the general public as well as to other businesses, and other big box format stores. Large format retail uses may include a grocery store sales component.
Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off-site consumption.
Smoke Shop. An establishment dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco paraphernalia.
Services.
General Services, Small. A commercial establishment that performs cleaning, repair, and alteration of small consumer and household items, including but not limited to dry cleaning pick- up stores without equipment that uses chemical solvents, laundromats (self-service laundries), photocopying and photo finishing services, tailor shops, watch and jewelry repair, shoe repair, home electronics repair, and locksmiths. Does not include repair of vehicles or boats (see “vehicle repair and maintenance”), personal services (see “personal services”), or maintenance and repair of large or bulky items (see “maintenance and repair services”).
Massage Establishment. See Beaumont Municipal Code Chapter 5.44.020 (Definitions).
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-21 Personal Services. A commercial establishment which provides services of a personal or aesthetic nature directly to consumers, including but not limited to barber and beauty shops, nail salons, tanning salons, hair removal salons, tattoo and body piercing studios, spa/wellness center (excluding massage establishments), medical spas, and personal trainers.
17.E.04.030 Alcohol-Serving and Restaurant Uses
Bar or Cocktail Lounge. Business serving beverages for consumption on the premises as a primary use, including serving alcohol such as beer, wine, and spirits. Dancing and live entertainment may also be conducted within the establishment. This use includes nightclubs. This use does not include breweries, wineries, or distilleries.
Brewery, Winery, or Distillery. A limited production brewery, winery, or distillery where beer, wine, or spirits are brewed, made, distilled, sold, and consumed on site and meets all applicable California Department of Alcoholic Beverage Control regulations. This use includes tasting rooms where alcoholic beverages are sold and consumed on site. Food service is subordinate to the sale of alcoholic beverages.
Restaurants.
Full Service. Restaurants providing cooked-to-order food and beverage services (including alcohol) to patrons who order and are served while seated and pay after eating. Takeout service may also be provided.
Limited Service. Establishments where food and beverages may be consumed on the premises (including alcohol), taken out, or delivered, but where no table service is provided. This includes, but is not limited to cafeterias, carryout sandwich shops, limited-service pizza parlors and delivery shops, self-service restaurants, snack bars, and takeout restaurants. This use includes cafes, coffee shops, and bakeries with a retail storefront component. This use does not include drive-through facilities, including fast-food restaurants (see Drive-through Facility).
17.E.04.040 Vehicle-Related Uses
Automobile/Vehicle Washing. A business engaged in the washing, waxing, cleaning, and/or detailing of automobiles or similar light vehicles.
Commercial Fueling Facility. A fueling facility designed for commercial customers which dispenses gasoline, diesel, or similar vehicle fuels, and which is not open to the general public, has no cash sales and provides no personal services on-site.
Fleet-based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles. This includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, home cleaning services, pedicab services, and similar businesses. This does not include towing operations (see “vehicle storage”).
Gas/Service Station. An establishment primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile vehicle repair services; selling automotive oils, replacement parts, and accessories; or providing incidental food and retail services. Major motor vehicle repair (engine rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender repair; over-all painting) is not permitted.
Division E: Definitions
Parking Lot. Open parking area(s) provided on property other than a public street, alley, or right-of- way that is the primary use on the lot. May include park-and-ride lots. Use of the parking lot may be subject to a fee.
Parking Structure. A building or structure containing parking spaces that is the primary use on the lot.
May be located above or below grade, and use of the parking structure may be subject to a fee. May include park and ride structures.
Tire Store and Tire Repair. An establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires.
Vehicle Rental. An establishment providing for the rental of automobiles, motorcycles, trucks, or trailers. Typical uses include car rental agencies.
Vehicle Repair and Maintenance.
Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the sale, installation, and servicing of related equipment and parts. This classification includes the servicing and repair of engines, body and fender, transmission, axels, wheels and brake, auto glass services, tire sales and installation, tire treading and recapping, and vehicle painting. Excludes vehicle dismantling or salvaging (see “salvage and wrecking”) and tire retreading or recapping. All minor activities may also be included in major uses. The repair and maintenance of vehicles over 14,000 pounds is included in major uses only.
Minor. The service and repair of automobiles, boats, motorcycles, and light-duty trucks/vans under 14,000 pounds, including the sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as an accessory use to an automotive accessories and supply store, and quick-service oil, tune-up and brake and muffler shops, auto glass sales and replacement, window tinting, stereo and alarm sales, and tire sales where repairs are made or service provided in enclosed bays and no vehicles are stored overnight. This classification excludes disassembly, removal or replacement of major components such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials, and repair of heavy trucks, limousines, or construction vehicles (see “vehicle repair and maintenance, major”). It also excludes towing services (see “vehicle storage”) and fueling stations (see “gas/service station”).
Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of automobiles, trucks, motorcycles, motor homes, and trailers, together with associated repair services and parts sales, but excluding body repair and painting. Includes, but is not limited to, automobile dealers and recreational vehicle sales agencies.
Vehicle Storage. The use of a site for the short-or long-term storage of automobiles, trucks, motorcycles, and/or other vehicles. Includes towing and impound lots.
17.E.04.050 Manufacturing and Industrial Uses
Advanced Manufacturing. The use of innovative technologies to create existing and new products or to improve products and processes. Advanced manufacturing focuses on the rapid transfer of science and technology into production activities and may incorporate high technology elements such as information, automation, computation, software, sensing, artificial intelligence, machine learning,
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-23 and networking. Advanced manufacturing may include storage space for raw materials and/or finished goods that actively supports the primary use.
Construction Yard and Equipment Rental. Storage of construction materials or equipment on a site other than a construction site. Includes rental of large construction equipment and machinery. This classification may include parking/storage of contractor vehicles.
Custom and Artisan Manufacturing. An establishment primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hand tools or small mechanical equipment and the incidental direct sale to consumers of only those goods produced on site. Typical uses include metalworking, pottery and ceramic studios with a kiln, glass furnace, or woodworking.
Food and Beverage Processing and Preparation. Cooking, processing, packaging, bottling, and shipping of food products for off-site sales. Includes, but is not limited to wholesale bakeries, catering services, commercial kitchens, and commissary kitchens. This does not include breweries, wineries, and distilleries. This use does not include the slaughtering of live animals.
Industry, General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials, where operations are conducted primarily within an enclosed building. Includes, but is not limited to operations such as biomass energy conversion; fuel yards; textile mills; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; plastics and rubber products manufacturing; and nonmetallic mineral product manufacturing.
Industry, Heavy. Manufacturing of products that include petroleum products, metals and/or metal processing, and hazardous chemicals.
Industry, Light. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. Includes, but is not limited to operations such as manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; mobile home manufacturing; monument works; printing, engraving and publishing; electronics manufacturing not included under advanced manufacturing; and furniture and related product manufacturing.
Research and Development. Industrial or scientific research for the design, development, engineering and testing of high technology, clean technology, industrial, or scientific products. May include limited manufacturing as necessary for the production of prototypes but excludes the full-scale manufacturing of final products. May also include storage space for raw materials and/or finished goods that actively supports the primary use.
Salvage and Wrecking. The dismantling of wrecked or decommissioned vehicles, appliances, or other metal products where usable parts are sold for use in operating vehicles and the unusable metal parts are sold to metal-recycling companies. Incidental storage is allowed.
Recycling Processing and Collection Facility.
Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase.
Division E: Definitions
Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. “Processing” means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re-manufacturing.
Warehousing, Storage, and Distribution.
Mini-Storage or Self-Storage. An operation serving the public where customers rent or lease, or self-store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities.
Logistics Use. A facility, primarily within an enclosed building, for the storage of commercial or industrial goods, products and materials and the associated on-site sorting, packing, staging, shipping, receiving, and distributing of goods to wholesale and retail outlets, including ancillary truck parking and dispatching. Also includes long-term, passive storage of furniture, household goods, or other commercial goods; and of industrial equipment, products, and materials.
Warehousing and distribution facilities may include, but are not limited to, wholesale distribution, distribution centers, moving and transfer storage, cross-dock facilities, package handling centers, order fulfilment centers, and logistics centers. Excludes storage of raw materials and/or finished products as part of an active primary use (e.g., see “advanced manufacturing”; “industry, general”; “industry, light”; “research and development”).
17.E.04.060 Agricultural Uses
Animal Keeping (Commercial Use). The raising, care, and maintenance of animals on private property for commercial purposes, including dairies. Also see “kennel/cattery”, which provides for the boarding of animals.
Animal Keeping (Secondary Use). The raising, care, and maintenance of animals on private property for non-commercial purposes.
Apiary. A place where bees are kept.
Aviary. A large cage, building, or enclosure for the keeping of birds.
Cultivated Agriculture. The planting, growing, and harvesting of crops or plants, or the preparation of land for this purpose for viticulture, horticulture, pasturage, floriculture, or similar farming where a crop or final product may be produced for sale, but not necessarily. Includes incidental uses like produce stands.
Stables. Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies, horse exhibition facilities (for shows or other competitive events), pack stations, and barns, stables, corrals, and paddocks accessory and incidental to these uses.
17.E.04.070 Public, Institutional, and Utility Uses
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries only when operated in conjunction with and within the boundary of such cemetery.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-25 Civic/Government. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, along with accessory storage and maintenance. This classification excludes corporation yards, equipment service centers, and similar facilities that require maintenance and repair services and storage facilities for related vehicles and equipment (see "vehicle repair and maintenance"). Also see ”public safety facility”.
Community Assembly. A facility for public or private meetings including clubs and lodges, community centers, senior centers, religious assembly facilities, convention centers, civic and private auditoriums, union halls, meeting halls for clubs and other membership organizations. This includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities (see “indoor sports and recreation”) or facilities such as day care centers and schools, which are separately defined.
Major. Community assembly use that is over 2,000 gross square feet and has capacity for more than 200 seats.
Minor. Community assembly use that is 2,000 gross square feet or less and has capacity for no more than 200 seats.
Community Garden. Use of land for and limited to cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households.
Community Recreation Center. A recreation facility open to the public. Uses include, but are not limited to, swimming pools, sports courts and fields (e.g., tennis, pickleball, baseball, soccer), play areas, turf, community center buildings, recreation buildings, and other works/properties/structures/facilities necessary or associated with a public park, playground, or recreation purposes.
Cultural Facility. A facility engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts for theater, music, dance, and events as an accessory use; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; publicly owned art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.
Educational Institutions.
College or University. The use of a site for either a public or private college or university, excluding vocational/trade schools. This classification may include, but is not limited to, incidental/accessory dining and food service facilities, event spaces, sports fields, and student housing (dormitories).
Schools, Public or Private. An institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained in compliance with the standards set by the State Board of Education. This classification includes elementary school, middle or junior high school, or senior high school.
Vocational and Trade Schools. A postsecondary institution offering educational services which provide career training or lead to an occupation or job title; prepare students to take or pass a licensing examination or other qualifying test for employment; or which licenses persons in a particular profession, trade, or job category. This classification excludes programs that lead to a bachelor, master, or doctoral degree or that provide solely a vocational or recreational program,
Division E: Definitions
or programs sponsored by a business or professional organization solely for the benefit of its members.
Park. A park, trail, recreation center, sports complex, golf course, or athletic field within the City which is under the control, operation or management of the City or other public agency.
Public Safety Facility. Facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim holding facilities.
Public Utility/Service Structures.
Public Utility Facility. Generating plants, electric substations, solid waste collection, including transfer stations and materials recovery (recycling processing) facilities, solid waste treatment and disposal, water or wastewater treatment plants, and similar facilities of public agencies or public utilities.
Wind Energy Conversion System. A machine and or equipment that creates electricity from wind energy.
Transit Station and Facility. Facilities for passenger transportation operations, such as rail (e.g., Metrolink) but does not include airports or heliports.
Wireless Telecommunication Facility. A facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, telecommunication towers or similar structures supporting the equipment, equipment buildings, parking area and other accessory development. Also see Wireless Telecommunications Terms in Chapter 17.E.02 (Definitions of Terms).
17.E.04.080 Other Uses
Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use.
Farmers’ Market. An establishment offering for sale produce, prepared food items, and other artisan/craft goods and merchandise by certified growers and producers authorized to sell, directly to consumers, products that are produced on land the producer controls or taken in consignment from other producers. Excludes flea markets.
Temporary Use. A use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-27 Chapter 17.E.06 Definitions of Sign Terms
This Chapter provides definitions for signs referred to in Chapter 17.C.08 (Signs).
Advertise. Describe or draw attention to a product, service, or event in a public medium in order to promote sales or attendance.
Animated Sign. A sign designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color or any other method or device which suggests movement.
Commercial Message. A message displayed on a sign that primarily concerns business, commercial or economic interests, or which proposes an economic transaction. Commercial messages may be onsite or offsite; however, the onsite/offsite distinction applies only to commercial messages.
Commercial Sign. A sign displayed for the purpose of identifying a commercial message, or advertising a service, product, business or venture that is offered for trade or sale which can be located onsite or offsite.
Copy. Graphic content of a sign surface designed to allow the changing of copy through manual, mechanical, or electrical means.
Electronic Message Center Sign. A sign with the capability of presenting variable advertising message displays by projecting an electronically controlled light pattern against a contrasting background and which can be programmed to change the message display periodically. An electronic message center is neither an animated sign nor a simulated motion sign.
Flashing Sign. Lighted signs which disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights. This definition includes beacons, searchlights, and klieg lights only when they are used for commercial messages.
Foot-Candle. A quantitative unit of measure for luminance. One foot-candle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. It is equal to one lumen uniformly distributed over an area of one square foot.
Freestanding Sign. A permanent sign anchored directly to the ground or supported by one or more posts, columns, or other vertical structures or supports, and not attached to or dependent for support from any building.
Illuminated Sign. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Nits. A luminance unit equal to one candela (one candle) per square meter measured perpendicular to the rays from the source. Nits, when used in conjunction with contrast ratio and viewing angle, determine image quality in a desired application.
Noncommercial Message. A message or image displayed on a sign which concerns matters not included within the definition of commercial message. The onsite/offsite distinction applies only to commercial messages.
Division E: Definitions
Noncommercial Sign. A sign that is displayed for the purpose of identifying a noncommercial message. The sign does not do any of the following:
1. Advertise a product, business or service for profit and/or a business purpose; or
2. Relate solely to economic interests. Noncommercial signs are not considered either off-site or on-site signs.
Off-Site Sign. A sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located.
On-Site Sign. A sign related in its subject matter to the premises on which it is located, or to products, accommodations, services, or other activities on the premises.
Permanent Sign. A stationary sign permanently attached to the ground or to a structure.
Portable Sign. A temporary sign designed and constructed so as to be easily moved. Such signs are usually not secured to a building or anchored to the ground. Common types include "A" frame signs, sandwich board signs, and sidewalk signs.
FIGURE 17.E.06-1: PORTABLE SIGNS
Poster Sign. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways.
Relocated Billboard. An existing billboard that is located in the City that is relocated through a City Council approved relocation agreement, including the replacement of a static billboard face with an electronic message center. The relocated billboard is not considered a new billboard.
Revolving Sign. A sign or a portion thereof, which rotates or revolves.
Sign. Any device, fixture, placard or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way or parking area. However, the following are not within the definition of “sign” for regulatory purposes of this Code:
1. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, provided the building or enclosed structure is otherwise legal;
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-29
2. Decorative or architectural features of buildings (not including lettering, trademarks or moving parts);
3. Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal;
4. Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, costumes (but not including commercial mascots);
5. Marks on tangible products, which identify the maker, seller, provider or product, and which customarily remain attached to the product even after sale;
6. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this Code;
7. Advertisements or banners mounted on trains or duly licensed mass transit vehicles that legally pass through the City;
8. On street legal vehicles and properly licensed watercraft: license plates, license plate frames, registration insignia, commercial and noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising) and messages relating to the proposed sale, lease or exchange of the vehicle or vessel;
9. Gravestones or grave markers; and
10. News racks and newsstands.
Sign types include:
Banner Sign. A fabric or fabric-like material on which an advertising message is painted or otherwise affixed.
FIGURE 17.E.06-2: BANNER SIGN
Billboard Sign or Billboard. A permanent sign structure used for the display of offsite commercial messages, other than a directional sign, which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located, or to which it is affixed. Commercial copy on any billboard sign may be replaced with noncommercial copy.
Division E: Definitions
Directional Sign, On-site. A sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit, or entrance signs).
FIGURE 17.E.06-3: DIRECTIONAL SIGN, BUILDING-MOUNTED
FIGURE 17.E.06-4: DIRECTIONAL SIGN, FREESTANDING
Flag Sign. A device, generally made of fabric or flexible materials, (usually cloth, paper or plastic), which displays visual colors, images, or symbols, typically those of governments, religions, causes, organizations, or specific business activities.
Identification Sign. A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
Identification Sign (Residential). A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-31 Monument Sign. A sign with an overall height of six feet or less, standing directly on the ground or on a base where the supporting poles or structures, if any, are covered from public view.
FIGURE 17.E.06-5: MONUMENT SIGN
Pennant. A display device, usually triangular in shape and made of flexible materials, such as cloth, paper or plastic, used primarily to attract attention of passersby.
Pylon Sign. A sign with an overall height exceeding six feet and supported by one or more poles or pylons attached directly into or upon the ground.
FIGURE 17.E.06-6: PYLON SIGN
Real Estate Sign. A temporary sign advertising that a property or structure is for sale, lease, rent, or exchange. The advertising contained on a real estate sign shall be limited to the following information:
1. That the property is for sale, lease, rent or exchange by the owner or his or her agent;
2. The property is in escrow or there is an "open house";
3. Directions to the property; and
Division E: Definitions
4. The owner's or agent's name, address and telephone number.
Roof Sign. A sign supported by or attached to or projecting through the roof of a building or structure, or projecting above the eave line or parapet wall of the building or structure.
FIGURE 17.E.06-7: ROOF SIGN
Under Canopy Sign. A sign attached to the underside of a projecting canopy perpendicular to the building frontage, commonly used for identifying the land use at that location.
FIGURE 17.E.06-8: UNDER CANOPY SIGN
Wall Sign. A sign which is in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane approximately parallel to the plane of the wall.
FIGURE 17.E.06-9: WALL SIGN
Division E: Definitions
Public Review Draft | Beaumont Zoning Code Update | Page 17.E-33 Window Sign. A temporary sign painted, attached, glued or otherwise affixed to a window, which is easily visible from the exterior of the building.
FIGURE 17.E.06-10: WINDOW SIGNS
Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display.
Temporary Sign. A sign structure or device used for the display of messages or images, which is easily installed and removed and which is not intended or suitable for long-term or permanent display due the sign construction, materials, placement, or installation. Temporary signs shall include noncommercial signs, real estate signs, yard or garage sale signs, construction signs, on-site temporary window signs displaying a commercial message, future tenant identification signs, commercial flags and banners for real estate sales and leasing, commercial flags on commercial, industrial, or agricultural properties, signs supported by and affixed to the ground by a wire frame or special event signs. Any sign not covered by this definition is a permanent sign and must comply with the applicable permanent sign regulations.
Uniform Sign Program. A detailed set of plans, to-scale drawings, specifications, and other information for signs in a commercial, industrial, or office complex; a group of three or more businesses on a parcel or project site; or for commercial recreation uses.
Window Area. The total area of a window upon which signs, images or messages may be mounted. A group of window panes or panels can be considered one window if they are adjoining on the building face and are less than six inches apart.
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Public Review Draft
February 2025
Public Review Draft
February 2025
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983 Osos Street, San Luis Obispo, CA 93401 | (805) 595 1345 | lisawiseconsulting.com | 1 MEMO
To: City of Beaumont
From: Lisa Wise Consulting, Inc.
Date: February 25, 2025
Subject: Beaumont Zoning Code Update Public Review Draft – Key Changes Compared to Existing Zoning Code
Introduction
This memo highlights key changes proposed in the Public Review Draft Zoning Code Update (February 2025) compared to the content of the existing Zoning Code (Municipal Code Title 17). The Public Review Draft Zoning Code Update includes both changes to Zoning Code organization and content and reflects input received from the City Council and Planning Commission at the July 16, 2024 study session, as well as input from City staff.
Project Objectives
The purpose of the Zoning Code Update is to modernize and streamline the Zoning Code, improve user- friendliness for City staff and the public, ensure consistency with the General Plan and implement other City policy documents, and to create industrial design standards that address aesthetic impacts and compatibility with surrounding uses.
Proposed Organizational Changes
The following changes are proposed to improve the organization of the Zoning Code:
• Incorporate tables and graphics for clarity and illustration of standards where appropriate. • Replace archaic language; updated terms, text, and graphics; simplified and clarified content. • Revise the numbering system of the Zoning Code to allow for seamless amendments over time. • Add divisions as another level in the structure (i.e., organizing principle) of the Zoning Code.
Divisions are proposed as follows:
− Division A: General
Title and purpose
Rules of interpretation and measurement
− Division B: Zone Regulations
Use regulations (i.e., allowed uses with permit levels) for each zone, organized by zone type group
Development standards (e.g., height, setbacks, lot area) for each zone, organized by zone type group
Supplemental standards (i.e., additional standards) for each zone, organized by zone type group