Beaumont City Council
December 16, 2025

Division C: Citywide Standards
(ii) Height. The maximum height for all overhead shade structures for outdoor dining areas shall be 12 feet.
(iii) Non -permanent shade equipment.
(a) Non -permanent shade equipment, such as umbrellas, fabric canopies, or retractable awnings, are permitted provided they are made from high -quality materials and closed or stored when the outdoor dining area is not in use.
(b) For retractable awnings projecting from buildings, the minimum vertical clearance shall be eight feet and the maximum extension from the face of a building shall be seven feet.
(iv) Landscaping. Outdoor dining areas should incorporate landscape planters with decorative plants and flowers.
c. Accessibility Requirements.
(i)
Surfaces. Outdoor dining areas shall have hard, non -slip surfaces, including, but not limited to, concrete, tile, stone, or wood/composite decking. Soft surfaces such as dirt, gravel, and lawn are not permitted. (ii) Ramps. If an outdoor dining area is located on a raised platform or in a sunken area, a ramp that meets the requirements of the California Building Code and the Americans with Disabilities Act must be provided.

5. Lighting. No electrical wires for lighting elements shall cross the required clear path of travel along a public sidewalk or private pedestrian walkway. Solar lighting is encouraged for outdoor dining areas.

6. Signage. All restaurant signage shall comply with Chapter 17.C.08 (Signs). No additional signage shall be permitted in outdoor dining areas.

7. Operational Standards.
a. Hours of operation. The hours of operation for outdoor dining areas shall be limited to the hours of operation of the associated eating and drinking establishment. In no case shall outdoor dining be permitted before 7:00 a.m., and not after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. Friday and Saturday.
b. Alcoholic beverages. All necessary California Department of Alcoholic Beverage Control permits shall be obtained by the eating and drinking establishment operator.
c. Smoking and vaping. No smoking or vaping shall be permitted within outdoor dining areas.
d. Performance standards. All performance standards in Section 17.C.02.120 (Performance Standards) shall be complied with.

8. Maintenance Requirements.
a. Outdoor dining areas shall be kept clean and free of litter and debris at all times. b. All plants and landscaping shall be maintained in good health.

Final Code I Beaumont Zoning Code Update I Page 17.C-105

Division C: Citywide Standards
c. All plexiglass or other transparent materials used as part of an outdoor seating barrier shall be regularly cleaned and provide a clear view from the outdoor seating area. Cracked, broken, or discolored materials are prohibited and shall be replaced immediately.

17.C.10.060 Animal Keeping
A. Purpose. This Chapter establishes provisions for the regulation of animal keeping within the City.

It is the intent of this Section to accomplish the following:

1. To ensure that animal keeping within the City does not result in an adverse impact related to a health and safety violation;

2. To ensure that the keeping of animals does not create a nuisance.

3. To eliminate conditions that contribute to environmental degradation and pollution; and B. Applicability. This Chapter is applicable to all zones in the City.

C. Number and Types of Domestic Animals Allowed. Domestic and non -dangerous wild animals may be kept or maintained as pets or for the non-commercial use of members of the family residing on the premises subject to the following restrictions and in conformance with Title 6 (Animals), and all other federal, state, and local laws.

1. Dogs and Cats. Domesticated dogs and cats are limited to a maximum of four dogs and four cats over the age of four months for each developed residential lot in compliance with Beaumont Municipal Code Title 6 (Animals).

2. Small Animals. Small animals permitted in all residential zones shall include birds, chickens, peafowl, duck and other fowl, rabbits, and similar species which do not constitute a public nuisance. Other similar small animals that in the opinion of the Community Development Director are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this Subsection are allowed. Animals must be kept or maintained at a place where the keeping of domestic animals is allowed and must be maintained in full compliance with Riverside County Health Department standards. The number of small animals is limited to no more than 10 per household. No more than four birds, chickens, or other fowl shall be allowed in compliance with Beaumont Municipal Code Section 6.02.160 (Roosters, Peacocks and Flocks Prohibited).

3. Large Animals. Lots or parcels of land within the Rural Residential (R -R) zone having a minimum area of 20,000 square feet per dwelling unit may keep or maintain the large animals listed in Table 17.C.10.060 -A (Requirements for Large Animals) in the numbers specified, not to exceed one animal per 20,000 square feet. Other large animals that, in the opinion of the Community Development Director, are neither more obnoxious nor detrimental to the public welfare than the animals enumerated in this subsection are allowed with the same numerical limitations. Animals must be kept or maintained in full compliance with applicable Riverside County Health Department standards.

Division C: Citywide Standards
Table 17.C.10.060 -A: Requirements for Large Animals
Type of Animal
Number of Animals Permitted
Horses, donkeys, mules, and other equines, pigs,
and cows
One over nine months of age for each 20,000 square feet of lot area
Sheep and goats
One over six months of age for each 20,000 square feet
of lot area

4. Other. Other animals as provided for by Beaumont Municipal Code Title 6 (Animals).

D. Performance Standards for Animal Keeping. Accessory structures and other improvements related to the keeping of animals must conform to the following performance standards and consistent with Beaumont Municipal Code Title 6 (Animals).

1. Fencing Required. All persons owning or having care, custody, or control of any animal must maintain adequate fencing to keep the animal from wandering or flying upon the property of another.

2. Animal Keeping Improvements Must Not Create a Nuisance. The use of animal keeping improvements and accessory structures will not be allowed to create a nuisance for neighboring properties. Nuisances may include, but not be limited to, noise, light and glare, odors, or fugitive dust.

3. Maintenance and Cleaning. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste, and must comply with other provisions outlined in Subsection 17.C.10.060.F (Environmental Management).

4. Enjoyment of Adjoining Property. The use of animal keeping improvements and accessory structures shall not be allowed to unduly interfere with the free and unencumbered enjoyment and use of adjoining or nearby residential lots or otherwise be detrimental to the public health, safety, or welfare.

5. Portable Facilities. The construction, placement, and use of portable facilities, including but not limited to portable fences, structures used for the storage of animal feed, and animal shelters, must be in conformance with all of the provisions outlined in Subsection

17.C.10.060.F (Environmental Management).

E. Standards For Dog Shelters, Enclosures, Pens, and Stables. Accessory structures and other improvements related to the keeping of animals must comply with the following standards:

1. Dog -keeping Standards.
a. Dog shelter. Any person owning or keeping a dog confined outside shall provide the dog with access to clean water, food, and an appropriate dog shelter. The shelter must be sanitary, of sound construction, and provide adequate protection from the elements (wind, rain, and sun). It must have at least three sides, a weather-proof roof, a solid sanitary floor, and be adequately ventilated. The shelter must be large enough for the dog to stand, lie down, and turn around.

Suitable drainage must be provided so that water is not standing in or around the shelter.

Final Code I Beaumont Zoning Code Update I Page 17.C-107

Division C: Citywide Standards
b. Tethering. A person shall not tether (fasten, chain, tie, or restrain) a dog to a doghouse, tree, fence, or any other stationary object except in compliance with this Subsection:
(i) A person may tether a dog no longer than is necessary for the person to complete a temporary task that requires a dog to be restrained for a reasonable period of three hours in a 24 -hour period.
(ii) A person may attach a dog to a running line, pulley, or trolley system in compliance with the following standards:
(a) Only one dog may be tethered to each running line, pulley, or trolley system.
(b) The tether must be attached to a properly fitting collar or harness worn by the dog with enough room between the collar and the dog's throat through which two adult fingers may fit. Choke collars, pinch collars, and chain collars are prohibited for the purpose of tethering a dog to a running line, pulley, or trolley system.
(c) There must be a swivel on each end of the tether to minimize tangling of the tether. The tether and the running line, pulley, or trolley system must be at least 10 feet in length and must allow continuous access to clean water, food, and shelter.
(d) The running line, pulley, or trolley system and tether must be of appropriate configuration to confine the dog to the owner's or keeper's property to prevent the tether from extending over an object that could result in injury or strangulation and to prevent the tether from becoming tangled with other objects or animals. c. The dog's owner or keeper must reside on the residential property that the dog is kept, whether on a running line, pulley, or trolley system or in a fenced yard.

2. Enclosures for Small Animals. Any pen, coop, or enclosure for the keeping of domestic animals identified under Subsection 17.C.10.060.C.2 (Small Animals) must be located at least 100 feet from any street and not less than 50 feet from any lot line.

3. Stables, Pens, and Enclosures for Large Animals. Stables, pens, and other enclosures for large animals are subject to the standards in Table 17.C.10.060 -B (Development Standards for Stables, Pens, and Enclosures for Large Animals).

Table 17.C.10.060 -B: Development
Animals
Standards for
Stables, Pens, and Enclosures
for Large
Type
Setback from Street
Setback from Adjacent
Property
Minimum Lot Size
Equestrian Stables
50 feet
50 feet
20,000 square feet
Equestrian Rings
50 feet
150 feet
One acre
Sheep and Goat Pens
50 feet
50 feet
20,000 square feet
Pig Pens'
50 feet
50 feet
20,000 square feet

Division C: Citywide Standards
Table 17.C.10.060 -B: Development Standards for Stables, Pens, and Enclosures for Large Animals
Type
Setback from Street
Setback from Adjacent
Property
Minimum Lot Size
Cattle
50 feet
50 feet
15,000 square feet
Table Notes:
1 Pig(s) must be confined in a pen or other enclosure. If the pig(s) are kept year-round and all or a portion of the pen or enclosure is uncovered, the uncovered portion of the enclosure shall have an impervious floor.

Pens and enclosures for pigs are allowed only on lots containing a residential unit.

4. Modifications. Requests for modifications from the setback requirements of this Section may be requested through a Minor Modification or Variance application, as appropriate (see Sections 17.D.04.050 (Minor Modifications) and 17.D.04.060 (Variances)).

F. Environmental Management. This Section outlines the standards governing the maintenance and upkeep of animal keeping facilities that includes, but may not be limited to, stables, pens, corrals, equestrian rings, and other structures used for the housing of animals.

1. Water Runoff. All animal -keeping facilities must be designed in a manner so that water runoff is contained and disposed of in a manner so that the runoff does not contribute to the pollution of local groundwater or the flooding of adjacent properties.

2. Open Water Containers or Standing Water. Open watering containers must be designed so that they do not become attractants for mosquito larvae. Standing water is not allowed.

3. Waste and Debris Containers. Animal keeping facilities and accessory uses must be maintained at all times and kept free of debris, trash, and animal waste. Storage containers for debris, trash, and animal waste must be kept closed at all times.

4. Odors. Animal keeping facilities and accessory uses must be designed and maintained to prevent odors from affecting adjacent properties.

5. Feed Storage. Buildings, containers, or any other improvement used for the storage of feed must be constructed of materials to ensure that feed is not an attractant to insects, rodents, and other vectors and to control odors.

6. Pest Control. All animal -keeping facilities must be kept free of vectors through periodic pest control inspections.

7. Chemicals. The storage, handling, and disposal of any potentially hazardous chemicals or commercial products used in the routine maintenance of animal control facilities or in the care of the animals must adhere to all pertinent federal, state, or Riverside County Health Department standards.

8. Fugitive Dust and Particulates. All animal keeping facilities and accessory uses must be designed and maintained to prevent fugitive dust and particulates from affecting off -site locations.

Final Code I Beaumont Zoning Code Update I Page 17.C-109

Division C: Citywide Standards

9. Noise. All keeping of animals allowed by this Chapter shall be conducted in a manner which does not result in nuisance noise detrimental to residential living. Animals shall be kept and maintained in manner which contains animal sounds and noise consistent with applicable laws and standards.

10. Manure. Refuse excrement and manure from animals, poultry, fowl or any livestock shall not be allowed to accumulate on any premises in the City for a period in excess of 14 days and must be removed from the premises at not less than 14 -day intervals unless spread upon and buried in the earth. Pending its removal from the premises, refuse excrement or manure must be piled in a well -drained area on a base at least four inches above the surrounding levels, to the end that storm or surface waters will flow away from, rather than into the pile.

11. Dead Animals. Dead animals, fowl or poultry, and offal, pending removal from the premises must be in fly tight containers.

12. Flies. Upon inspection, should the Animals Services Officer discover flies in unreasonably excessive numbers, the officer shall require further controls through the use of insecticides, chemicals, or other means.

17.C.10.070 Community Care Facilities
A. Purpose. The purpose of this Section is to regulate community care facilities that serve seven or more persons and require a license through the State of California in accordance with housing anti -discrimination laws.

B. Applicability. This Section applies to community care facilities identified in California Health and Safety Code §1502 that serve seven or more persons and require a license through the State of California.

C. Separation Requirement.

1. Any large community care facility that requires a license through the State of California shall not be located within 300 feet or 1,000 feet, as specified, of any other community care facility that requires a similar license consistent with California Health and Safety Code §1267.9.

2. The separation distance required by Subsection 17.C.10.070.C.1 above shall be measured from the closest walls of both community care facilities.

17.C.10.080 Construction Yard and Equipment Rental, and Vehicle Storage A. Purpose. The purpose of this Section is to establish standards for vehicle storage and construction yard and equipment rental uses.

B. Applicability. This Section applies to vehicle storage and construction yard and equipment rental uses. This Section does not apply to legally existing vehicle storage and construction yard and equipment rental uses as of the effective date of this Section, August 19, 2021, which are nonconforming. See Chapter 17.C.16 (Nonconforming Buildings, Uses, and Lots).

C. Standards. The following shall apply to all vehicle storage and construction yard and equipment rental uses:

Division C: Citywide Standards

1. Location.
a. Vehicle storage and construction yard and equipment rental uses shall not be located adjacent to or across a street or intersection from residentially zoned land, public or private schools, public parks, and open space intended for public park and recreational use.
b. Storage uses should be limited to occupying parcels not suitable for valuable commercial or manufacturing and industrial, job producing uses.

2. Site Design Standards.
a. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc.
b. Parking shall be provided for the primary use associated with a storage use in compliance with Chapter 17.C.06 (Parking Requirements) or an applicable specific plan. Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on -site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off -site on adjacent streets. c. All vehicle storage and construction yard and equipment rental shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation. See Chapter 17.C.04 (Landscaping Standards).
d. Signage for directional guidance to vehicles entering and exiting the facility shall be provided on -site consistent with Chapter 17.C.08 (Signs).

3. Screening Standards.
e. Screening shall be provided for manufacturing and industrial uses as required by Section 17.C.02.140 (Screening Standards).
f. Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

4. Security Standards.
a. All storage uses shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee. b. All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with Beaumont Municipal Code Chapter 8.50 (Outdoor Lighting).

5. Operational Standards.
a. Storage uses are subject to all applicable fire, health, safety, and building standards.
b. Storage is not permitted in required front or street side setback areas.

Final Code I Beaumont Zoning Code Update I Page 17.C-111

Division C: Citywide Standards

6. Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all storage uses:
a. The queueing of trucks on streets or elsewhere outside of the facility shall be prohibited. All queuing, stacking, loading, unloading, and parking shall occur exclusively on -site.
b. Facilities shall not store any products, goods, materials, or containers outside of any building on -site, except for trucks and trailers associated with the facility, unless the storage is allowed through the entitlement process in compliance with this Section.
c. Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the City that an issue exists.
d. Prior to the issuance of a Certificate of Occupancy or Business License, any new tenant or operator of a storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

I. Exempt Uses. The following uses are exempt from this Section:

1. Vehicle rental and vehicle sales and leasing;

2. Temporary uses (see Section 17.C.10.230 (Temporary Uses)); and

3. Ancillary or outdoor display by indoor retailers approved as an accessory use. See Subsection 17.C.O2.1OO.C (Permanent or Ongoing Outdoor Display and Sales).

17.C.10.090 Drive -Through Facilities
A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of drive -through facilities.

B. Circulation Plan. A pedestrian and vehicular circulation plan shall be submitted for approval by the Review Authority. The circulation plan shall indicate how drive -through, pedestrian, and vehicular circulation will be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas and provide for pedestrian safety. The plan shall also indicate how vehicles will circulate to and through the drive -through or use drive -up facilities, including vehicle queuing, in a manner that will not impede traffic flow on any public right-of-way.

C. Standards. Drive -through facilities shall be located, developed, and operated in accordance with the following standards:

1. Drive -Through Aisles. Drive -through aisles shall be designed to allow safe, unimpeded movement of vehicles at street access points and within the travel aisles and parking space areas.
a. Drive aisles are prohibited between the building and street unless no alternative exists.
b. A minimum 15 -foot interior radius at curves and a minimum 12 -foot width is required.

Division C: Citywide Standards
c. Each drive -through entrance and exit shall be at least 100 feet from an intersection of public rights -of -way, measured at the closest intersecting curbs, and at least 25 feet from the nearest curb cut on an adjacent property. d. Each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of- way.

2. Landscaping. Each drive -through aisle shall be screened with a combination of decorative walls and landscape to a height of at least four feet to prevent headlight glare and direct visibility of vehicles from adjacent streets and parking lots.

3. Pedestrian Walkways. Pedestrian walkways shall not intersect drive -through aisles unless no alternative exists. In such cases, pedestrian walkways shall have clear visibility, emphasized by enhanced paving or markings.

4. Separation Requirement. Drive -through facilities that are part of fast food restaurants should not be located within 1,000 feet of one another.

17.C.10.100 Emergency Shelters
A. Purpose. The purpose of this Section is to establish objective standards specific to emergency shelters in compliance with California Government Code §65583(a)(4).

B. Applicability. The standards for emergency shelters in this Section apply to all emergency shelters as allowed by Division 17.B (Zone Regulations).

C. Minimum Standards.

1. Outdoor Waiting Areas. The size of outdoor waiting areas on private property shall accommodate the expected number of clients without encroaching upon the public right- of-way.

2. On -site Management. On -site management shall be provided during the hours that the emergency shelter is in operation.

3. Length of Stay. The length of stay for each individual at any emergency shelter shall not exceed 180 days.

4. Lighting. Exterior lighting must comply with Section 17.C.02.050 (Lighting and Illumination).

5. Security. Security shall be provided during the hours that the emergency shelter is in operation. Security plans shall be submitted to the City for review and approval prior to issuance of a Certificate of Occupancy permit.

D. Additional Standards. The Community Development Director may adopt additional written objective minimum standards consistent with California Government Code §65583(a)(4)(A), as may be amended. Any such administrative standards adopted by the Community Development Director shall be published on the Department's website.

Final Code I Beaumont Zoning Code Update I Page 17.C-113

Division C: Citywide Standards

17.C.10.110 Energy Storage Facilities
A. Purpose. Energy storage facility standards are adopted with the intent of advancing and protecting the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.

B. Applicability. The standards of this Section apply to all energy storage systems allowed, installed, or modified on or after November 18, 2021, excluding general maintenance and repair. Energy storage systems constructed or installed prior to November 18, 2021, are not subject to this Section. The continuation of legally established existing energy storage systems is subject to Chapter 17.C.16 (Nonconforming Buildings, Uses, and Lots).

C. Development Standards. The following standards shall apply to all energy storage facilities:

1. Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.

2. Energy storage facilities must comply with the following site design standards:
a. Screening.
(i) The site must be fully enclosed by a minimum eight -foot, non -scalable solid wall. Walls must consist of either decorative concrete masonry block or decorative concrete tilt -up walls.
(ii) Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view. (iii) Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.
b. Height.
(i) Except as set forth in Subsection 17.C.10.110.C.2.b.ii below, equipment or appurtenances that are not in an enclosed structure shall not exceed the screen wall height described in Subsection 17.C.1O.11O.C.2.a.i, above.

Enclosures for batteries and other systems must not exceed 15 feet in height. Buildings shall be subject to the height standards of the Manufacturing Zone.
(ii) Accessory structures such as utility poles or utility connection equipment, substation switchyard, and similar equipment, necessary for the operation of the facility may exceed the height standards of the Manufacturing Zone subject to a Minor Modification, or Variance, as appropriate.
c. Placement. All structures/appurtenances must be placed on a paved surface. d. Parking. On -site parking must be provided as specified below:
(i) For sites occupied daily by employees or contractors during operation of the energy storage facility, one parking space per employee or contractor on a regular work shift must be provided.

Division C: Citywide Standards
(ii) For unoccupied sites, one on -site parking space must be provided. (iii) All parking and drive aisles shall be paved with asphalt or concrete. e. Lighting, landscaping, and signage.
(i) All outdoor facilities must comply with Section 17.C.02.050 (Lighting and Illumination).
(ii) All site landscaping must comply with Section 17.C.04 (Landscaping Standards).
(iii) All facilities must have an approved signage plan including safety signage to be posted at the site. See Chapter 17.C.08 (Signs).

D. Decommissioning.

1. Decommissioning Plan. Prior to approval of a Building Permit, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service. The decommissioning plan must include:
a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
b. Disposal of all solid and hazardous waste in accordance with federal, state, and local waste disposal standards;
c. The anticipated life of the battery energy storage system; d. The estimated decommissioning costs and how the estimate was determined; e. The method of ensuring that funds will be available for decommissioning and restoration;
f. The method that the decommissioning cost will be kept current; g.

The manner in which the battery energy storage system will be decommissioned, and the site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, including, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
h. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

2. Decommissioning Fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the City, in a form approved by the City for the removal of the battery energy storage system, in an amount to be determined by the City, for the period of the life of the facility. This fund may consist of a letter of credit from a licensed -financial institution. All costs of the financial security must be borne by the applicant.

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Division C: Citywide Standards

3. Ownership Changes. If the owner of the battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the project, applicant's requirements associated with the City's approval of the project, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the Department of a change in ownership or operator within 30 days of the ownership change. A new owner or operator shall provide the notification to the Department in writing. The project and all approvals for the battery energy storage facilities would be void if a new owner or operator fails to provide written notification to the Department in the required timeframe. Reinstatement of a void project or approvals will be subject to the same review and approval processes for new applications under this Chapter.

E. Operational Requirements.

1. Energy storage facilities are subject to the following operational requirements:
a. Facilities must not store any products, goods, materials, or containers outside of any building on -site.
b. Facilities must comply with Beaumont Municipal Code Chapter 9.02 (Noise Control)
c. Operators shall address any nuisance, safety issues, or violations of conditions of approval within 48 hours of being notified by the City that an issue exists.

2. The following must occur prior to the issuance of a Certificate of Occupancy or business license for an energy storage facility:
a. Any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational requirements and any conditions of approval associated with the approval for the facility; and
b. The decommissioning plan shall be recorded at the applicant's cost as a restriction running with the land.

17.C.10.120 Farmers' Markets
A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations for the operation of farmers' markets. The standards that follow are minimum performance standards to ensure compatibility with surrounding uses and to promote public health, safety and general welfare.

B. Required Permits. The market operator and vendors shall obtain a special event permit in compliance with Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events) and secure all necessary licenses, certificates, and health permits; this includes a business license with the City for participating farmers and other vendors. All permits shall be in the possession of the farmers' market manager or the vendor, as applicable, on site during all market hours of operation.

C. Application. An application for a farmers' market shall be submitted to the City on a prescribed City application form and shall include all the information that is necessary for review of the application, such as a site plan and a management plan.

Division C: Citywide Standards
D. Management Plan. A management plan shall be prepared and provided to the Community Development Director. The management plan shall include the following:

1. Identification of a market manager or managers, who shall be present during all hours of operation.

2. A set of operating rules addressing the governance structure of the market, the method of assigning booths and registering vendors, hours of operation, maintenance, security, refuse collection, and parking.

E. Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 10:00 p.m. with specific hours and duration to be approved by the City. Set up of market operations may not begin more than two hours prior to the operational hours of the market and take down shall be completed within two hours of the close of the market.

F. Waste Management. Adequate composting, recycling, and trash containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.

G. Music and Events. Music, performances, or special event activities conducted as part of the farmers' market shall not be allowed within 200 feet of any residentially zoned property unless specifically approved by the Community Development Director.

H. Indemnification. The market operator shall enter into an indemnification agreement by which it agrees to defend, indemnify, and hold harmless the City, its officers, agents, and employees from any and all claims, damages, cost, and other expense, including attorney fees, arising out of the City's approval or as a result of any actions by the market operator in compliance with the City's approval.

17.C.10.130 Gas/Service Stations
A. Purpose. The purpose of this Section is to establish reasonable and uniform regulations regarding the location, development, and design of gas/service stations.

B. Minimum Standards.

1. Minimum Separation between Gas/Service Stations. Gas/service stations proposed in any downtown zone shall be separated from other gas/service stations, whether in a downtown or other zone, by a minimum 1,000 feet.

2. Setbacks for Pump Islands. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island. A canopy or roof structure over a pump island may encroach up to 10 feet within this distance.

3. Landscaping. At least 10 percent of the site shall be landscaped. All landscaped areas shall be maintained in compliance with Section 17.C.04 (Landscaping Standards), and the following standards:
c. A minimum six-foot wide inside dimension and a 0.5 -foot -high curbed landscaped planter area shall be provided along the front and street property lines, except for vehicular circulation openings. A three-foot wide landscaping buffer shall be provided along all other property lines.

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Division C: Citywide Standards
d. A 600 -square -foot planter with a minimum dimension of 20 feet shall be provided at the corner of intersecting streets unless a building is located at the corner. e. Additional landscaping may be required where necessary to prevent visual impacts on adjacent properties.

4. Lighting. In addition to the lighting standards required in Section 17.C.02.050 (Lighting and Illumination), all exterior light sources, including canopy, perimeter, and flood, shall be energy -efficient, stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights -of -way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties.

5. Screening. Mechanical equipment shall be screened in accordance with Subsection

17.C.02.140.F (Equipment Screening).

C. Abandonment. In the case of abandonment or non -operation of the primary use, a gas/service station must be dismantled and the site cleared and remediated as required by federal and state law within 12 months subsequent to the close of the last business day.

17.C.10.140 Home Occupations
A. Purpose. The purpose of this Section is to provide for the conduct of home occupations/home- based businesses in residential zones or buildings in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. The use must be clearly incidental and secondary to the principal use of a residential dwelling as a dwelling.

B. Permitted Uses. The following uses or similar uses shall be considered as home -based businesses provided that such uses comply with the criteria stated in this Section:

1. Professional office occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment.

Professional office activity does not include a medical office.

2. A secondary office for a business in which the principal office, staff and equipment are located elsewhere.

3. The home office of a salesman, wherein all sales are conducted by telephone or by correspondence and wherein there are no displays or related commodities on premises.

4. Any legal use customarily conducted entirely within a residential dwelling.

5. The home office of a service business where not more than one 2,000 -pound (one -ton) or smaller vehicle used in conjunction with the home -based business is kept on the subject property.

6. Sales of produce (fruit or vegetables) grown on the subject property.

Division C: Citywide Standards

7. Cottage food operations, as defined in California Health and Safety Code §113758, shall be a permitted home -based business provided it complies with all applicable provisions of this Section, any applicable requirements of the Riverside County Department of Environmental Health, and the California Health and Safety Code, as it may be amended.

C. Conditions. Home -based businesses are allowed in compliance with this Section, subject to the following conditions.

1. Employment shall be limited to residents of the dwelling only.

2. There shall be no direct sales of products or merchandise from the dwelling, except for produce (fruit or vegetables) grown on the subject property or otherwise as authorized by this Section.

3. Produce and sales may be permitted subject to sales being limited to three days per week.

No structure or stand of a permanent nature shall be erected on the subject property.

4. Customers or clientele shall not be permitted to visit/enter the dwelling in connection with the home -based business. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the Community Development Director.

5. No more than one room of the dwelling shall be used for the home -based business. Use of the garage for the home -based business may be permitted if such use does not obstruct required parking. No more than 20 percent of the residence shall be used for the home - based business, including any area for storage.

6. No alteration of any kind will be allowed to the principal building which changes its residential character. This includes, but is not limited to, the enlargement of public utility services or the installation of special equipment attached to walls, floor or ceilings.

7. Materials or supplies for the home -based business shall be stored indoors, within an accessory building or space, or may be stored outdoors, provided such materials or supplies are not visible to the public or from the public street. Materials or supplies may not be stored in any way that creates a public nuisance, as defined in California Civil Code §3480.

8. The home -based business shall not involve the display of signs or advertising devices on the premises except one unlighted sign, not more than two square feet in area, may be posted on temporary produce displays. This provision does not apply to the use of advertising on commercial vehicles, provided the business is in full compliance with Beaumont Municipal Code Chapter 10.12 (Parking Commercial Vehicles), or any other applicable provision related to parking commercial vehicles, as may be amended from time to time.

9. A valid business license from the City shall be obtained each year and shall be posted on any temporary produce displays.

10. The activities of the home -based business shall not be conducted in a manner that negatively impacts the residential area. Such determination of the City may include, but not be limited to, consideration of color of the building, construction, lighting, signs, sounds, noises and vibrations.

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Division C: Citywide Standards

11. All operations of such home -based business shall be conducted so as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances which are or may be detrimental to the welfare of the occupants of surrounding properties.

12. No accessory building or space outside of the principal building shall be used for the home -based business, except for the growing of produce, or for the storage of materials or supplies as provided in this Section. Storage or parking of vehicles associated with the home -based business must fully comply with the provisions of Beaumont Municipal Code Chapter 10.12 (Parking Commercial Vehicles), or any other applicable provision related to parking commercial vehicles, as may be amended from time to time.

13. The following requirements shall also apply to cottage food occupations:
a. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site.
b. The cottage food operation shall be registered or permitted as a "Class A" or "Class B" operation by the Riverside County Department of Environmental Health in accordance with California Health and Safety Code §114365. Cottage food operations shall comply with all California Health and Safety Code requirements. c. Any applicant for a permit under this Section shall provide to the City, as part of the home -based business application: (1) a copy of the operation's registration or permit to operate as a "Class A" or "Class B" operation, as required under California Health and Safety Code §114365, and (2) a copy of the self -certification checklist submitted to and approved by the County.
d. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Section, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control.
e. A permit issued under this Section may be revoked for any violation of this Section or of California Health and Safety Code §114365 et seq. f. The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this Section and/or California Health and Safety Code §114365 et seq.

Gross annual sales shall not exceed the amount specified in California Health and Safety Code §113758.
g.

14. A home occupation shall be subject to any additional condition or requirement, which may be imposed by the Community Development Director.

D. Applications. Applications to have a home -based business shall be made to the Community Development Director, accompanied by the filing fee set forth in the fee schedule, and shall include such information and documentation as may be required to complete a Home Occupation

Division C: Citywide Standards
Permit. The applicant shall be the operator of the home -based business and shall be a resident of the dwelling in which the home -based business is located. Information shall be provided to ensure that the proposed home -based business complies with the requirements of this Section.

Additional information necessary to make the findings required for approval may be required by the City. The permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting.

E. Exemptions. Activities exempt from the home -based business requirements include temporary sales stands with nominal sales such as children's lemonade stands and hostess parties, not more than three in any 12 -month period. No structure or stand of a permanent nature shall be erected onsite for these exempt sales.

F. Limitations. No provision of this Section shall be interpreted to impose a mandatory duty on the City, or on any officer, official, agent, employee, board, council, or commission of the City, nor shall the issuance of any permit to operate a home -based business hereunder constitute a determination by the City that such business is otherwise authorized by or in compliance with any contractual property restrictions, including those of a Homeowners Association or other common interest development.

17.C.10.150 Live -Work Units
A. Purpose. The purpose of this Section is to control and regulate land use activities for live -work units. The intent of a live -work unit is to allow small-scale business activities with residential unit, beyond those activities allowed in home occupations, which meet certain standards.

B. Applicability. The provisions of this Subsection apply to the design, development, and operation of live -work units, including new live -work units, conversions of existing residential and nonresidential buildings to live -work buildings, and any change of use or occupancy in a live -work unit.

C. Establishment.

1. Live -work units may be established through the conversion of existing commercial, manufacturing and industrial, or other buildings or by new construction.

2. Uses permitted or conditionally permitted within the zone are allowed as the nonresidential use, unless prohibited in Subsection 17.C.10.140.G (Exemptions).

3. Uses that may, depending on how they are operated, have the potential to generate impacts or would constitute a change in occupancy under the Building Code shall not be approved as a nonresidential use within a live -work unit unless the Review Authority finds that as proposed to be conducted, or as modified by conditions of approval, they would not conflict with or adversely affect others living or working in or nearby the live -work development.

D. Minimum Standards. All live -work units must meet the following standards:

1. Commercial Component.
a. First floor and street entry. The commercial component of a live -work unit shall be located on the first floor with the main entry facing the street or common pedestrian space. The main commercial entry facing the street shall have a commercial, storefront appearance.

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Division C: Citywide Standards
b. Restricted to the unit. The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage, or any accessory structure.

Commercial outdoor storage is not allowed.
c. Commercial space. Commercial space must occupy a minimum of 40 percent of the total floor area of the unit.

2. Residential Component.
a. Interior access. The residential component shall have direct interior access to the commercial unit.
b. Exterior access. The residential component shall have exterior access that is not through the commercial component.

3. Signs. Sign size, location, illumination and materials, shall be consistent with the architectural building design and approved through a Sign Program. See Chapter 17.C.08 (Signs).

4. Hazardous Materials. Business shall not involve the use of hazardous materials or produce medical or hazardous waste, except those that are below permitted amounts in accordance with the California Fire Code and as amended by Beaumont Municipal Code Chapter 15.20 (Fire Code).

5. Food Operations. All foods must be produced, prepared, packaged, stored, transported, and marketed in compliance with the County of Riverside Department of Environmental Health standards.

6. Nuisance. The live -work unit shall not create external noise, odor, glare, vibration, or electrical interference detectable to the normal sensory perception by adjacent neighbors.

7. Nonresident Employees. Up to two persons who do not reside in the live -work unit may work in the unit. The employment of three or more persons who do not reside in the live - work unit may be permitted subject to a Conditional Use Permit based on additional findings that such employment will not adversely affect traffic, parking, or other conditions in the area where the live -work unit is located.

8. On -Premise Sales. On -premises sales of goods is limited to those produced within the live -work unit. Sales of goods produced within the live -work unit shall be incidental to the primary work use in any building used exclusively for live -work occupancy. These provisions shall permit participation in occasional open studio programs and gallery shows.

E. Business License. A Business License shall be obtained for every commercial space within the live - work units.

F. No Separate Sale or Rental of Portions of Unit. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit.

G. Prohibited Uses. Any use not permitted within the underlying zone is prohibited along with the following:

1. Adult -oriented businesses;

Division C: Citywide Standards

2. Massage establishments;

3. All vehicle -related uses;

4. Places of assembly; and

5. Any other use determined by the Review Authority to be contrary to the standards of this Section.

17.C.10.160 Logistics Uses
A. Purpose. The purpose of this Section is to regulate logistic uses in compliance with California Government Code §65098 et seq., (i.e., AB 98).

B. Applicability. This Section applies to all logistic uses as defined in California Government Code §65098.

C. Definitions. Terms used in this Section are defined in California Government Code §65098.

D. General Standards. Logistics uses shall comply with the relevant standards of California Government Code §65098 et seq.

E. Buffer Required Near Sensitive Receptors. Logistics uses within 900 feet of a sensitive receptor, as defined in California Government Code §65098(e), shall comply with the standards of California Government Code §65098.2(a).

F. Additional Standards.

1. Logistics Uses Under 250,000 Square Feet. Logistics uses under 250,000 square feet in size shall comply with the relevant standards of California Government Code §65098.1(c) and 65098.1(d).

2. Logistics Uses 250,000 Square Feet Or More. Logistics uses 250,000 square feet or more in size shall comply with the relevant standards of California Government Code §65098.1(a), 65098.1(b), and 65098.1(c).

H. Policy on Land Use and Sensitive Receptors (PLUS). Logistics uses and other similar uses larger than 100,000 square feet in size are subject to the City's Policy on Land Use and Sensitive Receptors (PLUS). Also see Section 17.B.12.040 (Manufacturing Zone Supplemental Standards) for additional standards related to the Manufacturing Zone.

17.C.10.170 Mini -Storage or Self -Storage
A. Purpose. This Section regulates mini -storages and self -storages.

B. Standards. The following shall apply to mini -storages and self -storages:

1. Site Design Standards.
a. Mini -storage or self -storage shall be limited to occupying parcels of irregular shape not suitable for valuable commercial or manufacturing and industrial job producing uses.

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Division C: Citywide Standards
b. All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view, including combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc. c. Parking shall be provided in compliance with 17.C.06 (Parking Requirements) or an applicable specific plan. All parking lots, drive -aisles, and truck parking areas or truck courts shall be paved with asphalt or concrete; Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on -site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off -site on adjacent streets.
d. Landscaping shall be provided in compliance with Chapter 17.C.04 (Landscaping Standards).
e. Signage for directional guidance to vehicles entering and exiting the facility shall be provided on -site. See Chapter 17.C.08 (Signs).

2. Screening Standards.
f. Screening shall be provided for manufacturing and industrial uses as required by Section 17.C.02.140 (Screening Standards).
g.

Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls.

3. Security Standards.
a. All storage buildings and storage areas shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee.
b. All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with the Beaumont Municipal Code Chapter 8.50 (Outdoor Lighting).

4. Operational Standards.
a. A property maintenance plan shall be included as part of the Conditional Use Permit or Plot Plan application. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program. b. Storage uses are subject to all applicable fire, health, safety, and building standards.
c. Storage is allowed in required side and rear setbacks. Storage is not allowed in required front or street side setbacks.
d. Caretaking units shall be permitted, provided parking is accommodated on -site.

5. Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all mini -storages or self -storages:

Division C: Citywide Standards
a. Facilities shall not store any products, goods, materials, or containers outside of any building on -site, except for trucks, trailers, or recreational vehicles associated with the facility.
b. Facilities shall not be used for temporary or permanent residential purposes. No person may sleep or reside within any structure or vehicle on -site overnight or for any other extended duration of time.
c. Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the City that an issue exists.
d. Prior to the issuance of a Certificate of Occupancy or Business License, any new tenant or operator of a storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

17.C.10.180 Mobilehome Parks
A. Purpose. The purpose of this Section is to establish standards for mobilehome parks.

B. Development Standards for Mobilehome Parks.

1. Site Standards. The following site standards apply to mobilehome parks. Additional standards may be specified through a Conditional Use Permit. a. Minimum Gross Area: 10 acres.
b. Minimum Access Frontage: 250 feet continuous frontage on a dedicated public street.
c. Minimum Park Perimeter Setbacks: Five feet adjacent to a public street. d. Maximum Height: 35 feet for mobilehomes and accessory structures.

2. Interior Site Development. The following standards apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional standards may be specified through a Conditional Use Permit.
a. Mobilehome Space. Each space shall contain a minimum of 4,000 square feet for exclusive use by the occupants of the space. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of 46 feet by 75 feet, and 75 percent of the spaces shall have a minimum depth of 90 feet. b. Setbacks.
(i)
Front: 20 feet. The 20 -foot front setback may be reduced on interior streets to 10 feet if an attached garage is located in front of the mobilehome and at least 65 percent of the front setback area is landscaped with live plant material.
(ii) Side: Five feet.
(iii) Rear: 10 feet.
c. Access Drive. All mobilehome access drives within a mobilehome park shall be privately owned and shall be at least 30 feet wide exclusive of adjoining parking Final Code I Beaumont Zoning Code Update I Page 17.C-125

Division C: Citywide Standards
areas and sidewalks. The mobilehome park shall be developed in a manner that allows adequate circulation to and within the proposed development for emergency and protective services, including police and fire equipment. Main access drives must have standard class A curbs and gutters. Other interior access drives must have rolled curbs and gutters.
d. Sidewalks. Concrete sidewalks at least five feet in width shall be provided to serve all central or common facilities within the mobilehome park. Access drives shall be provided with sidewalks on at least one side.
e. Accessory Building and Uses. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, maintenance and storage buildings or storage areas shall be located at least 50 feet from the boundary of the mobilehome park site. f. Landscaping. At least 20 percent of each mobilehome space shall be landscaped with live plants, including at least one tree on each space.

Community Recreation. A minimum 500 square -foot community recreation area, (exclusive of any mobilehome space) shall be provided within the mobilehome park. The community recreation areas must contain a clubhouse and a recreational area for outdoor games and activities such as shuffleboard, horseshoes, putting green, or a swimming pool. The community recreation and service areas together with the identification of activities planned for the areas, must be shown on the plans and specifications in detail as required by the Community Development Director. The location and size of all facilities indicated in this Subsection shall be subject to the approval of the Planning Commission.

The clubhouse must have a floor area of not less than 25 square feet for each residential lot, and must contain adequate kitchen, restroom, and storage facilities. The community area for any mobilehome park must not be less than two acres.
g.
h. Improvements. The following improvements shall be installed on all lots used for residential purposes:
(i) A concrete slab or other metal or wood deck containing at least 200 square feet.
(ii) The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome.
i. Trailer storage. Common area for storage of camp and boat trailers shall be allowed unless designated on the site plan.
j. Mobilehomes per lot. Up to one mobilehome shall be allowed on each lot. k. Retaining wall. Whenever the soil is excavated below a mobilehome, a retaining wall must be installed extending 0.5 feet above grade. Plans for the retaining wall shall be approved by the Department of Building and Safety.

I. Electrical and television service. The applicant must install all electrical, telephone, C.A.T.V. and similar cables underground (see Section 17.C.02.180 (Underground Utilities)), except that risers on poles and buildings are allowed and

Division C: Citywide Standards
utility service poles may be placed on the rear of the property for the purpose of terminating underground facilities.
m. Exemption. The Planning Commission may modify or waive the improvement and setback standards contained in this subsection if it finds that these standards are impractical and will not serve to protect the present or future welfare of the public due to topographical conditions or property ownership patterns.

3. Screening and Landscaping.
a. Perimeter wall required. Masonry walls six feet high shall be erected along all exterior boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line.
b. Landscaping. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within the ten -foot strip adjacent to the inside of all boundary walls. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide a screening of the mobilehome park. All plantings shall be maintained in a growing condition.

4. Improvement Requirements. The applicant shall construct and maintain all on -site improvements in compliance with the mobilehome park improvement standards as approved by the Review Authority. Standards may include, but are not limited to, the design, construction, and maintenance of the following:
a. Access drives, sidewalks, and parking spaces;
b. Walls and fences;
c. Lighting, signs;
d. Curb and gutter, drainage, and sanitary sewer facilities; e. Electrical and water services; and
f. Fire protection facilities.

5. Signs. The standards of Chapter 17.C.08 (Signs) shall apply.

17.C.10.190 Multiple Family Dwellings
A. Purpose. The purpose of this Section is to provide objective design standards for multiple family dwellings.

B. Applicability. This section applies to all multiple family developments, including attached single unit developments, in any zone. Existing multiple family dwellings are not required to comply with these standards or deemed nonconforming because the dwelling does not comply with these standards.

C. Multiple Family Design Standards.

1. Building Scale and Massing.
a. Street facing Facades. Along the front and street side facade, the fourth story must be stepped back a minimum six feet from the ground floor farrade.

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Division C: Citywide Standards
b. Interior Side and Rear Facades. Along the interior side and rear facade, when abutting a single-family residential zone, building massing is limited by a 45 - degree plane beginning at 24 feet above the interior or rear minimum setback line.

FIGURE 17.C.10.180-1: REQUIRED 45 -DEGREE PLANE IMAGE
Single -Family
Residential
Zone
45°
21 ft

2. Building Design.
a. All street -facing facades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement.

FIGURE 17.C.10.180-2: FACADE ARTICULATION, MULTIPLE FAMILY

DEVELOPMENT REQUIREMENTS
2ft
?ft
25 ft 25 ft
Street -facing facades shall have at least one horizontal projection or recess at least 2 feet, for every 25 Imear feet of wall.
b. Horizontal articulation must include a differentiated base, a roof cornice line or parapet, and an eave, awning, overhang, transom feature, belt course, or other architectural element that frames the middle section of the building. c. Buildings or portions of buildings over two stories must include articulation for the top story of the building. This may be accomplished through two or more of the following:
(i) Change in color;
(ii) Change in material;
(iii) Cornice/belt course at the bottom of the uppermost floor; and/or (iv) Change in roof pitch, such as a gable, or an upper -story step -back.

Division C: Citywide Standards
FIGURE 17.C.10.180-3: BUILDING FACADE ELEMENTS
r
Continuous
Parapet
f-- Continous
J Cornice
L
I r — —
- Eave or Belt Course -
-lit__ j frames middle section
L — — —
Awning Transom
Feature
r
rril r— Differentiated
Base L
d. Staggering of Attached Units. For attached townhouse and rowhouse development, facades of adjacent attached units must be staggered a minimum of one foot in plan view to avoid monotony in design.
e. Privacy.
(i) Upper -story balconies, roof decks, and other habitable outdoor space must maintain a minimum 10 feet clear from the property line abutting a lower -intensity residential zone and must include an opaque wall at least four feet in height as measured from the floor of the open space. (ii) Floor -to -ceiling windows are not allowed on upper -story facades within 10 feet of a property line abutting a lower -intensity residential zone. f. Wrap -around balconies and decks.
(i) All balconies and decks that turn the corner of a building must be fully covered.
g.
(ii) Required coverings must be architecturally consistent with the design features of the ground floor.

Roof design. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.
(i) When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. (ii) Eaves must not exceed two feet in depth, or as allowed by the California Fire Code, Chapter 7.
(iii) Street -facing eaves and overhangs that exceed 1.5 feet in depth must be either fully stuccoed on the underside or must incorporate a visible pattern of exterior brackets or beams.

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Division C: Citywide Standards
(iv) Parapet segments may not exceed 25 feet in length without a change in height of at least two feet or a change in form.
(v) The roof line at each elevation of attached units shall demonstrate an offset of at least two feet for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet in length without a minimum 18 -inch offset.

FIGURE 17.C.10.180-4: ROOF LINE, MULTIPLE FAMILY DEVELOPMENT

REQUIREMENTS
18 in _I
Min
i- I u
The roof ine for each elevation shall he offset at least 18 inches for each one to three units exposed on that elevation. h. Transparency and blank walls.
(i) At least 75 percent of the facade of each building adjacent to a street shall be occupied by habitable space with windows.
(ii) Each street -facing building facade shall have at least one pedestrian entry into the structure.
(iii) No wall on any level may run in a continuous plane of more than 12 feet without a projection, offset, or recess of the building wall at least 1.5 feet in depth.

FIGURE 17.C.10.180-5: REQUIRED FACADE ARTICULATION
Max. 12 ft
Min. 1.5 ft

Division C: Citywide Standards
i. Building materials. Primary and secondary cladding materials are limited to:
(I) Three -coat stucco in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed); (ii) Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding;
(iii) All siding must be lap, vertical, or shingle;
(iv) Wood siding must be painted or stained and sealed; (v) Stone (natural or manufactured);
(vi) Metal;
(vii) Brick/masonry; and/or
(viii) Tile.
j. Prohibited building materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.
k. Changes in exterior material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

I. Material durability/protection.
(i)
Exterior finish materials must have an expected lifespan of no less than 30 years.
(ii) Exterior timber must be protected from decay by stain and sealant. (iii) Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating. m. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

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Division C: Citywide Standards

3. Windows.
a. Window recess or trim. Trim at least two inches in width and %-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

FIGURE 17.C.10.180-6: WINDOW DESIGN
Min. 2 in.
wide
Min. 314
in. deep
Min. 2.5 in. - — 4
recess from
exterior waif
b. Reflective or opaque tinting of glazing is prohibited.

4. Building Entrances.
a. All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.
b. Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street.
c. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet.
d. Multiple family building frontages must take one of the following forms:
(i)
Porch. Individual covered porch frontages with dimensions as indicated below:
(a) Porch clear width: Minimum 12 feet.
(b) Porch clear depth (excluding stairs): Minimum eight feet. (c) Porch finish level above sidewalk: Minimum 18 inches. (d) Porch clear height: Minimum 8 feet, maximum 12 feet.

FIGURE 17.C.10.180-7: PORCH FRONTAGE
Section
Min. 12 ft
4 —
Pion
Min. 0 tt

Division C: Citywide Standards
(ii) Stoop. Individual covered stoop frontages with dimensions as indicated below:
(a) Stoop width: Minimum five feet, maximum eight feet. (b) Stoop depth: Minimum four feet, maximum eight feet. (c) Stoop height above sidewalk: Minimum 18 inches.
(d) Stoop entry recession: Minimum six inches, maximum six feet. (e) Stoop clear height: Minimum eight feet.

FIGURE 17.C.10.180-8: STOOP FRONTAGE
Min_ 6 iin: Max 6 ft
Min. 18 in I ll Street
Section
Plan
Min. 5 ft
Max 8 ft
Min. 4 ft
Max. 8 ft
(iii) Dooryard. Individual covered dooryard frontages with dimensions indicated below:
(a) Dooryard width: Minimum five feet, maximum eight feet. (b) Dooryard depth: Minimum four feet, maximum eight feet. (c) Dooryard overhead projection depth: Maximum six feet. (d) Dooryard clear height: Minimum six feet.
(e) Dooryard wall/planter/fence height: Maximum three feet.

FIGURE 17.C.10.180-9: DOORYARD FRONTAGE
Min. 4 ft
Max. 8 ft
Section
Min. 5 ft
Max. 8 ft
Min. 4 ft
Max. 8 ft
Plan
as
Final Code I Beaumont Zoning Code Update I Page 17.C-133

Division C: Citywide Standards
(iv) Arcade. Individual covered arcade frontages with dimensions as indicated below:
(a) Arcade depth: Minimum eight feet, must be consistent for the length of the arcade.
(b) Arcade clear height: Maximum 12 feet.
(c) Arcade column spacing: Minimum four feet clear between columns.
(d) Arcade distance from curb (encroachment permit may be required): Minimum two feet, maximum six feet.

FIGURE 17.C.10.180-10: ARCADE FRONTAGE
■
Mien. 4 ft
■
Min. 8 ft
Min. 8 ft
Max. 12 ft —
Street
Section Plan
•
Min. 2 ft
Max. 6 ft
(v) Gallery. Individual covered gallery frontages with dimensions as indicated below:
(a) Gallery depth: Minimum 12 feet, maximum 16 feet, must be consistent for the length of the gallery.
(b) Gallery clear height: Minimum 12 feet, maximum 16 feet. (c) Gallery distance from curb (encroachment permit may be required): Minimum two feet, maximum six feet.
111
Min. 12 ft
Max. 16 ft
FIGURE 17.C.10.180-11: GALLERY FRONTAGE
Min. 12 ft
Max. 16 ft
Min. 2 ft
Max. 6 f1
-a
Street
Section Plan
Min. 12 ft
Max. 16ft
(vi) ADA accessibility. All frontages must comply with ADA accessibility requirements.

Division C: Citywide Standards

5. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather- proofed, and lockable private storage space with a minimum horizontal dimension of four feet.

6. 360 -Degree Design. All buildings must be designed with "360 -degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to window and door trim, window and door recesses, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

7. Additions/Remodels. Notwithstanding the design standards of this Section, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

8. Usable Open Space Design.
a. Required private open space design.
(i)
Required private open space must take the form of balconies, decks, patios, fenced yards, or other similar areas outside the residence. (ii) Required private open space must be accessible only to the occupants of the dwelling unit by a doorway to a habitable room or hallway. b. Required common open space design.
(i)
Required common areas must include landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements that enhance the outdoor environment of the development.

Required common open space must be accessible to occupants of all dwelling units in the development site.

Common open spaces may be at -grade, elevated, on parking podiums, or on rooftops. See Subsection 17.C.10.190.C.2.e.i for additional limitations on elevated open space.

A surface must be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any combination of lawn, garden, flagstone, wood planking, concrete, or other dust -free surfacing. (v) The slope of required common open space may not exceed 10 percent.

9. Parking Design and Access.
a. Surface Parking Area Design. Surface parking areas must be separated from on - site buildings by a minimum distance of five feet that is either paved or landscaped.
b. Parking in the Front Setback. Any driveways or other paved parking areas located in the front setback must be a minimum 18 feet in length.

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Division C: Citywide Standards
c. Garages.
(i) Garage doors must be recessed a minimum of six inches from the face of the garage.
(ii) All two -car garages must have a minimum free and clear interior dimension of 24 feet by 24 feet, while one -car garages must have a minimum dimension of 14 feet by 24 feet.
d. Structured Parking Levels Facing the Right -of -Way. Where ground level structured parking occupies more than 30 percent of a building facade facing a right-of-way or pedestrian walkway, the finished floor of the parking level must be a minimum four vertical feet below the finished grade at the building facade.

FIGURE 17.C.10.180-12: STRUCTURED PARKING LEVELS FACING THE RIGHT-OF- WAY
e. Tandem Parking. Tandem parking may be permitted to satisfy the off-street parking requirement in accordance with the following.
(i) No more than two vehicles may be placed one behind the other. (ii) Both spaces must be assigned to a single dwelling unit or to employees of the same non-residential establishment.
(iii) The tandem parking bay must be a minimum 40 feet by 10 feet in dimension.
(iv) Tandem parking to meet required parking for multi -unit development must be located within an enclosed structure and the number of tandem parking spaces may not exceed 50 percent of the total number of spaces provided.
(v) Tandem parking may not be used to satisfy the parking requirement for guest parking.
f. Driveway width. Driveways to shared garages may not exceed 24 feet in width. g. Parking visibility. Visible structured parking must be screened from view from the right-of-way by architectural features in addition to landscaping or living walls. h. Parking separation. Parking for residential units must be separated from parking for non-residential uses through a controlled fence, gate, or other barrier.

Division C: Citywide Standards
J.
i. Curb cut frequency.
(i) A maximum of one curb cut for driveway access may be permitted per street frontage per building.
(ii) On corner lots, curb cuts must be located on the street frontage with the least pedestrian activity whenever feasible.

Shared garage doors.
(i) All garage doors must be motorized.
(ii) Controlled entrances to shared parking facilities (gates, doors, etc.) may not exceed 20 feet in width.

17.C.10.200 Parolee/Probationer Home
A. Applicability. This Section establishes standards for the regulation of parolee/probationer homes.

B. Development Regulations. Parolee/probationer homes must comply with the development, locational, and all other applicable regulations of the zone in which the use is located, in addition to the standards in this Section.

1. Locational Standards. A parolee/probationer home must be located:
a. A minimum of 660 feet away from any existing or proposed school, university, college, student housing, childcare facility, public park, religious institution, hospital, youth facility, or other similar uses, as reasonably determined by the Community Development Director. The distance between the parolee/probationer home and school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility, or other similar use shall be measured from the closest exterior wall of the parolee/probationer home and the nearest property line included within the school, university, college, student housing, child care facility, public park, religious institution, hospital, youth facility, or other similar use, along a straight line extended between the two points, without regard to intervening structures; and
b. A minimum of 1,320 feet away from an existing parolee/probationer home or other similar use.
(i)
The distance between parolee/probationer homes shall be measured from the closest exterior wall of one parolee/probationer home and the nearest property line included within the other parolee/probationer home, along a straight line extended between the two points, without regard to intervening structures.
(ii) For the purposes of the locational standards set forth in this Subsection, "other similar use" or an "existing parolee/probationer home" shall also include any residential structure or unit, including any hotel or motel, whether owned and/or operated by an individual or for-profit or nonprofit entity, which houses at least two parolees/probationers, in exchange for monetary or nonmonetary consideration given and/or paid Final Code I Beaumont Zoning Code Update I Page 17.C-137

Division C: Citywide Standards
by the parolee/probationer and/or any individual or public or private entity on behalf of the parolee/probationer, including a community care facility and other similar facilities.

2. Operational Standards. Parolee/probationer homes must comply with the following operational standards:
a. Maximum number of parolees or probationers. Each parolee/probationer home must be limited to a maximum number of six parolees or probationers, and each bedroom in the house/home may not exceed two parolees or probationers. b. Multiple family with fewer than 25 units. Multiple family dwellings with fewer than 25 units shall be limited to one parolee/probationer home. c. Multiple family with 25 or more units. Multiple family dwellings with 25 or more units shall be limited to two parolee/probationer homes. d. Limitations on hotels and motels. Despite the definition of parolee/probationer home in Chapter 17.E.02 (Definitions of Terms) or any other provision of this Title or the City of Beaumont Municipal Code:
(i)
Hotels and/or motels with 14 rooms or less may not provide transient lodging services or accommodations to more than three parolees during any 28 consecutive day period regardless of any length of their respective stays; and
(ii) Hotels and/or motels with 15 rooms or more may not provide transient lodging services or accommodation to more than five parolees during any 28 consecutive day period regardless of the length of their respective stays.
e. Property owner or designated on -site manager. As determined by the Chief of Police or their designee, the property owner or a designated on -site manager must live full-time on the site of the parolee/probationer home, and the name and phone number of this individual must be provided to the Chief of Police or their designee.
f. Weekly update to Police Department. The Police Department shall be provided with a weekly update of the names of all parolees/probationers living at the parolee/probationer home. These updates may be in writing via electronic mail or facsimile.
g.

Background check. Any owner/operator of an parolee/probationer home and any person designated as a house manager or other staff shall provide his or her full name, current residence and phone number, date of birth, social security number, prior employment history, education, driver's license number, history of criminal convictions, if any, and any other information the Beaumont Police Department reasonably requires to perform a criminal background check through the State Department of Justice and/or United States Department of Justice. A person shall not begin employment with the parolee/probationer home until this information has been provided.

Division C: Citywide Standards
C. Findings. An application for a parolee/probationer home may be approved and/or modified, in whole or in part, only if the applicable findings in Chapter 17.D.04 (Permits and Approvals) are made in addition to the following findings:

1. There is not an overconcentration of parolee/probationer homes in the vicinity;

2. The parolee/probationer home meets the locational standards of this Section; and

3. The proposed use will not result in harm to the health, safety, or general welfare of the surrounding neighborhood or substantial adverse impacts on adjoining properties or land uses.

D. Special Noticing Requirements. In addition to the notice and hearing requirements in Division

17.D (Administration and Procedures), all property owners within 1,000 feet of the proposed parolee/probationer home, as measured from the subject property lines, shall be notified of the proposed parolee/probationer home.

E. Public Nuisance. The establishment, maintenance, or operation of a parolee/probationer home in violation of the standards of this Section or in violation of the conditions of approval is declared to be a public nuisance and may be abated by the City in accordance with applicable provision of the Municipal Code or any available legal remedies, including but not limited to civil injunctions.

F. Nonconforming Use. Any parolee/probationer home lawfully existing prior to the effective date of this Section, December 31, 2020, is a legal nonconforming use, subject to applicable nonconforming use regulations of Section 17.C.16 (Nonconforming Buildings, Uses, and Lots).

G. Amortization.

1. Nonconforming Parolee/Probationer Homes. Any parolee/probationer home regulated by this Section which is a nonconforming use on the effective date of this Title shall be subject to an amortization period expiring one year from the effective date of this Title.

2. Amortization —Notice. The Department shall provide written notice to the property owner or operator at least 120 days prior to the expiration of this amortization period.

This notice is not mandatory, and lack of notice shall not be deemed to prevent the City from initiating an action seeking declaratory or injunctive relief against the owner and/or operator of the business. However, if notice of expiration of amortization period is not given, any application by the owner or owner of the parolee/probationer home for an extension of the amortization period shall not be denied on the grounds that it is untimely.

3. Amortization —Application for Extension.
a. The property owner may file an application with the Department for an extension of the amortization period. The applicant must state:
(i)
Whether a previous extension has been requested and granted, as well as the date of the previous request; and
(ii) The efforts that will be made to conform by the conclusion of the extended period.
b. The property owner's application shall be made in writing and shall be accompanied by the required fee as established by the Council.

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Division C: Citywide Standards
c. Any application for an extension of the amortization period must be made prior to the expiration of the amortization period unless the Community Development Director determines that good cause exists for the late filing of the application.

4. Amortization —Decision to Grant or Deny Extension.
a. The Planning Commission shall hold a public hearing at which time it shall consider the evidence and testimony regarding the request for an extension of the amortization period. The Planning Commission shall grant or deny an application for extension of the amortization period.
b. In rendering its decision, the Planning Commission shall determine whether the parolee/probationer home has been provided with a reasonable amortization period commensurate with the investment involved. If the Planning Commission determines that the amortization period is not reasonable, it shall prescribe an amortization period that is commensurate with the investment involved. The burden shall be on the applicant to establish that the extension should be granted.
c. The Planning Commission shall consider the following factors in making its determination:
(i) The parolee/probationer homeowner's financial investment in the renting out rooms, units, homes to parolee/probationers; (ii) The present actual and depreciated value of business improvements; (iii) The applicable Internal Revenue Service depreciation schedules; (iv) The remaining useful life of the rental improvements; (v) The remaining lease terms, if any;
(vi) The cost of relocating the parolee/probationer home to a site conforming to the provisions of this chapter, if applicable;
(vii) The ability of the parolee/probationer home and/or owner to change the use to a conforming use; and
(viii) The secondary effects of the parolee/probationer home on the health, safety and welfare of surrounding community, residential dwellings, businesses and/or uses if the parolee/probationer home is permitted to extend the amortization period.
d. The Planning Commission's decision shall be in writing and shall be hand delivered or sent by certified mail to the applicant.

5. Amortization —Appeal. Any interested person may appeal the decision of the Planning Commission to the City Council in writing within 15 days after the written decision of the Planning Commission in accordance with the provisions of Subsection 17.D.02.040.0 (Appeals).

6. Amortization —Public Nuisance. The Council declares to be a public nuisance any parcel where a parolee/probationer home is operating and where the amortization period as a legal nonconforming use has expired and:

Division C: Citywide Standards
a. An application for an extension is not on file or has not been granted; or b. An application for a Conditional Use Permit for a parolee/probationer home is not on file or has not been granted.

17.C.10.210 Single -Family Dwellings
A. Purpose. The purpose of this Section is to provide objective design standards for single-family dwellings.

B. Applicability. This section applies to single-family dwellings citywide. Existing single-family dwellings are not required to comply with these standards or deemed nonconforming because the dwelling does not comply with these standards.

C. Building Form and Visual Interest.

1. Required Planes.
c. Elevations facing a street, public right-of-way, or open space. A minimum of four planes are required on any street -facing elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.
d. Interior side and rear elevations. A minimum of two planes are required on any interior side or rear elevation. Each plane must be at least 80 square feet in surface area and offset a minimum of four feet from any adjacent plane.

2. Limits on Blank Walls. No wall on any level except for garages may run in a continuous plane of more than 20 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth.

FIGURE 17.C.10.210-1: LIMIT ON BLANK WALLS IN RESIDENTIAL, SINGLE-FAMILY ZONE

3. Allowed Roof Forms. Allowed roof forms are limited to hipped, gabled, shed, or flat roofs with parapets.

4. Roof Design.
a. When pitched roofs are used, the slope must be 3:12 to 5:12 ratio. b. Eaves may not exceed 24 inches in depth, or as allowed by the California Fire Code, Chapter 7.

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Division C: Citywide Standards
c. Parapet segments may not exceed 25 feet in length without a change in height at least 2 feet or a change in form.
d. Subdivisions with more than 20 units must include a minimum of three distinct roof forms.

D. Entrances.

1. Orientation. The primary entrance of any unit located along public rights -of -way or pathways must face public street or pathway. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes.

2. Protection. The primary entry must incorporate a projection, recess, or combination of projection and recess at least 40 square feet in area, with a minimum depth of five feet.

Figure 17.C.10.210-1: Entrance Protection
Section
M i n. 5 ft
•
Min.
40 sq ft
•
Plan
E. Rear Access. Rear doors wider than three feet must be accessible by a landing area that is a minimum six feet in depth and a width that is no less than that of the door opening or three feet, whichever is greater. Doors three feet wide or less shall have a landing of a minimum depth of three feet and a width that is at least as wide as the size of the opening.

F. Building Materials.

1. Cladding Materials. Primary and secondary cladding materials are limited to:
a. Three -step system in accordance with the CBC (synthetic stucco or Exterior Insulation and Finish Systems [EIFS] are not allowed);
b. Wood, composite wood, cement fiberboard, painted aluminum, or vinyl siding; (i) All siding must be lap, vertical, or shingle.
(ii) Wood siding must be painted or stained and sealed. c. Stone (natural or manufactured);
d. Metal;
e. Brick/masonry; or
f. Tile.

2. Prohibited Building Materials. Plywood, corrugated metal, sheet metal, and unfinished aluminum are prohibited.

Division C: Citywide Standards

3. Change in Exterior Building Material. When there is a change in exterior building material, the material change must occur at the inside corner of a building form, or a minimum of two feet beyond an outside corner.

4. Material Durability/Protection.
a. Exterior finish materials must have an expected lifespan of no less than 30 years. b. Exterior timber must be protected from decay by stain and sealant. c. Exterior ferrous metals must be protected from corrosion either through the use of galvanized, stainless, weathering steel, or powder coating.

5. Colors. Reflective or bright colors that contrast dramatically with the colors of the surrounding land, structures, and vegetation may be used for trim or for accents only.

G. Windows.

1. All windows facing rights -of -way or public open spaces must be double -hung with operable sashes. Grids of small panes must be true divided lites separated by muntins or as approved by the Community Development Director.

FIGURE 17.C.10.210-2: WINDOW DESIGN
-- Lintel
Sash
Trim - -
SEE
Muntins
Sill

2. Window Recess or Trim. Trim at least two inches in width and %-inch in depth must be provided around all windows, or windows must be recessed at least 2.5 inches from the plane of the surrounding exterior wall.

FIGURE 17.C.10.210-3: WINDOW TRIM OR RECESS
Min. 2 in. —
wide
Min. 3/4 —
in. deep
Min. 2.5 in.
recess from
exterior wall

3. Reflective or opaque tinting of glazing is prohibited.

Final Code I Beaumont Zoning Code Update I Page 17.C-143

Division C: Citywide Standards
H. 360 -Degree Design. All buildings must be designed with "360 -degree design" where each exterior wall is designed equivalent to the primary facade in the extent of building articulation, level of detail, and quality of exterior materials, and consistent with the color scheme of the primary facade. Details include but are not limited to door recesses, door trim, cornices, belt courses, columns/piers, posts/beams, brackets, columns/arches, and roof forms.

Parking Design and Access.

1. Driveways.
a. For lots less than 70 feet in width, a maximum of one driveway up to 20 feet wide is allowed for required parking.
b. For lots 70 feet wide or more, the width of a driveway to a two -car garage may not exceed 28 feet in width.
c. The minimum paved apron length is 20 feet. The driveway apron must be set back a minimum of 1 foot from all property lines except for the property line along the street to which the driveway connects.
d. Sidewalks may not encroach into the minimum driveway length area.

FIGURE 17.C.10.210-4: DRIVEWAY DESIGN
Min. 20 ft
41' 4,4
L
Max. 20 ft
Lot Width < 70 ft
Ma
Lot Width ≥ 70 ft

2. Three -Car Garages. A garage with three or more doors, or garages designed to accommodate three or more non -tandem parked cars, are allowed only on lots 85 feet wide or greater, and at least one garage front must be separated from the remaining garage fronts by at least two feet.

FIGURE 17.C.10.210-5: THREE -CAR GARAGES
Min. 2ft
Lot Width ≥ 85 ft

Division C: Citywide Standards

3. Corner Lots. Corner lots and through lots are allowed one driveway. Where a lot has more than one approved garage, carport, or parking space, a second driveway may be allowed with Community Development Director and City Engineer approval.

4. Carports and Detached Garages.
a. Carports and detached garages must be constructed of the same materials and in the same style as the main building.
b. Carports are recommended to be solar ready.

5. Garage Design.
a. Garage doors must be recessed a minimum of six inches from the face of the garage.
b. Garage doors must be articulated with windows, paneling, recesses, or other details.
c. All two -car garages must have a minimum free and clear interior dimension of 23 feet by 22 feet, while one -car garages must have a minimum dimension of 13 feet by 22 feet.
d. Notwithstanding the design standards of this Section, all garage structures, attached or detached, must match the architectural design and detail of the existing building.

6. Continuous Walkway. A continuous paved walkway at least three feet wide must connect on -site side gates, driveways to garages, and the front door.

J. Outdoor Lighting. All exterior doors, including garage doors, must be illuminated with outdoor light fixtures. See Chapter 8.50 (Outdoor Lighting) for additional standards.

K. Additions/Remodels. Notwithstanding the design standards of this Section, additions to and remodels of existing buildings, including porches, balconies and decks, must match the architectural design and detail of the existing building.

17.C.10.220 Single -Room Occupancy Residences
A. Purpose. The purpose of this Section is to provide standards for single -room occupancy (SRO) residences.

B. Applicability. The standards for SRO residences in this Section apply to all SRO residences as allowed by Division 17.B (Zone Regulations).

C. Allowable Density. A single room occupancy facility is not required to meet density standards of the General Plan.

D. Development Standards.

1. Minimum Unit Standards.
a. Unit size. An SRO unit shall have a minimum size of 150 square feet and a maximum size of 400 square feet.
b. Occupancy. An SRO unit shall accommodate a maximum of two persons.

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Division C: Citywide Standards
c. Bathroom. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residence with at least one full bathroom per floor. d. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and stove, range top or oven.

A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
e. Closet. Each SRO unit shall have a separate closet.
f. Code compliance. SRO units shall comply with all requirements of the California Building Code.

2. Minimum Facility Standards.
a. Common area. Common area in an amount equal to 10 square feet per living unit shall be provided, excluding janitorial storage, laundry facilities and common hallways. At least 200 square feet in area of interior common space shall be provided as a ground floor entry area that provides a central focus for tenant social interaction and meetings.
b. Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units of fractional number thereof, with at least one washer and dryer per floor.
c. Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

E. Accessibility. All SRO units shall comply with all applicable accessibility and adaptability standards.

All common areas shall be fully accessible.

F. Management Plan. A management plan shall be submitted to the Department for review and approval prior to issuance of a Certificate of Occupancy. The management plan must address management and operation of the facility, rental procedures, safety and security of residents, and building maintenance.

G. On -Site Management. An SRO facility with 10 or more units shall provide on -site management.

H. Parking. Off street parking shall be provided consistent with Chapter 17.C.06 (Parking Requirements).

Tenancy. SRO units must be rented for a minimum of 30 days.

J. Existing Structure. An existing structure may be converted to an SRO facility, consistent with the provisions of this Section.

Division C: Citywide Standards

17.C.10.230 Temporary Uses
A. Purpose. This Section establishes standards for uses that are intended to be of limited duration of time and that will not permanently alter the character or physical facilities of the site where they occur.

B. Applicability. This Section applies to the temporary uses and structures on private property and certain public rights -of -way described in this Section. All other temporary uses shall be prohibited on private property.

C. General Standards.

1. Business License Required. Where applicable, a separate Business License is required for each vendor.

2. Removal of Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the temporary use.

3. Security. A performance security (including a bond or financial deposit) in a form and amount acceptable to the Community Development Director may be required before initiation of the temporary use to ensure the following:
a. Cleanup after the use has ceased; and
b. To guarantee removal of all temporary structures within 30 days following the expiration of the Temporary Use Permit or completion of the use or activity, whichever occurs first.

D. Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as Building Permits, may be required.

1. Yard/Garage Sales. Sales of personal property conducted by a resident of the premises with a maximum term of three consecutive calendar days and occurring no more than two times a year.

2. Nonprofit Fundraising. Fundraising activities by tax exempt organizations pursuant to 501(C) of the Federal Revenue and Taxation Code are allowed in nonresidential zones with no limitation on the number of occasions and duration where there is no disruption to the normal circulation of the site; encroachment upon driveways, pedestrian walkways, or required parking or landscaped areas; obstruction to sight distances; or other created hazard for vehicle or pedestrian traffic.

3. Seasonal Sales. The annual sales of holiday related items such as Christmas trees, pumpkins, and similar items may be permitted in accordance with the following standards. This Subsection is only applicable to temporary seasonal sales that are not in conjunction with an existing business and are not applicable to farmers' markets or the sale of fireworks. Fireworks are regulated in Beaumont Municipal Code Section 9.41 (Fireworks).
a. Location. Seasonal sales are limited to commercial and mixed use zones, the Public Facilities Zone, and to properties in other zones that have educational institution or community assembly uses.

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Division C: Citywide Standards
b. Number of events. The subject lot shall not be used for seasonal sales more than three times within the calendar year.
c. Time period. Temporary seasonal sales shall be limited to 45 days of operation per calendar year.
d. Merchandise. Temporary seasonal sales shall not engage in the sale of any merchandise not directly associated with the holidays with which the seasonal sales are associated.
e. Elimination of parking. Areas used for temporary seasonal sales shall not eliminate the required parking for the primary use on the site, if there is one, or for any other site.
f. Removal. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, in compliance with the provisions of this Title.

4. Commercial Special Events and Sales. Commercial special events and sales including, but not limited to, grand opening events and other special sales events, are allowed in accordance with the following standards:
a.

Location. Events are limited to nonresidential zones and shall be located on the site of, and associated with, a permanent commercial use. b. Number of events. No more than six events at one site shall be allowed within any 12 -month period.
c. Duration. The maximum duration of a single event is five consecutive calendar days, with a minimum of 14 calendar days between each event. d. Display. Location of the event or displayed merchandise shall not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required parking or landscaped areas, or obstruct sight distances or otherwise create hazards for vehicle or pedestrian traffic.

E. Temporary Uses Requiring a Temporary Use Permit. The following types of temporary uses must obtain a Temporary Use Permit and are subject to the following standards:

1. Model Homes and Complexes. Model home complexes and sales offices may be allowed solely for the first sale of homes within a recorded tract or condominium subdivision, subject to the following standards:
a. Applicability. The model homes shall meet all applicable zoning and development standards for the lots as shown on the tentative map.
b. Time Limits.
(i)
Temporary sales office. A temporary information/sales office shall be removed within one month of closing the sale of the final unit of the development.
(ii) Model homes. Model homes may be established and operated for a period of three years or until completion of the sale of the lots or units, whichever comes first. One-year extensions may be approved by the

Division C: Citywide Standards
Community Development Director until the sale of all lots/residences is completed (see Subsection 17.D.02.040.L (Extension of Time)). c. Location of Sales. The model home complex and office must be located on the same or adjacent premises as the subdivision or building project. Real estate sales conducted from a temporary sales office are limited to sales of lots or units within the development.
d. General Plan. Model home sales personnel shall prominently post a copy of the General Plan and Land Use Map and refer each purchaser of a home to the General Plan and to the Department to answer any questions regarding interpretation of the General Plan.
e. Site Plan Required. All applicants shall submit a site plan indicating the lots on which the models are to be constructed. The location and details of the sales office shall be identified on the plans. The site plan shall also provide the location of all proposed off-street parking, fencing and all other on and off -site improvements associated with the models.
f. Parking. No less than two off-street parking space shall be provided for each model. Parking spaces shall be located within 600 feet of the model complex and comply with standards in Chapter 17.C.06 (Parking Requirements). Accessible parking spaces shall be provided and comply with ADA standards. g.

Landscaping. Model home complexes shall be landscaped in the same manner as is required for the final lots.
h. Return Office Use to Residential Use. Sales offices, signs, and temporary improvements associated with the model complex shall be removed prior to occupancy of the last dwelling unit constructed in the subdivision. Offices located in an approved garage space shall be converted back into garage area.

Signs. Signs for model homes shall comply with Chapter 17.C.08 (Signs). The location of all proposed street numbering, fire routes, ground and wall signage shall be clearly identified on the site plan.

2. Temporary Construction Office Trailers. On -site temporary construction offices during the period of construction may be allowed in accordance with the following standards:
a. Location. Trailers shall not obstruct driveways or traffic access aisles. b. Parking impacts. The applicant shall demonstrate that parking will not be negatively impacted.
c. Colors and materials. The colors and materials shall complement the main building, if one exists.
d. Screening. The Community Development Director may require screening in addition to other applicable screening requirements in this Title. e. Noise. Any exterior noise -generating equipment associated with trailers shall not be within 300 feet of a residential zone or use.
f. Removal. Trailers shall be removed upon cessation of permitted construction activity.

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Division C: Citywide Standards
g.

Exceptions. Any deviation from any standards above shall only be allowed through the approval of a Minor Modification.

3. Storage Containers. Storage containers are only allowed as accessory to agricultural uses (see Section 17.C.02.020 (Accessory Buildings and Structures)), subject to the following standards:
a. Must be located on private property (i.e., outside of the public right-of-way); b. Must be placed on level finished grade;
c. Must maintain a minimum five-foot separation from any structure; d. Allowed for a maximum of 180 days per year;
e. Nothing may be stacked on top of a single container; f. May not be habitable or used as a residence;
g.

May not have any plumbing connections;
h. Must include a warning device (e.g., a horn) placed inside each container to address safety;
Must comply with Fire and Building requirements (e.g., flammable or hazardous materials); and
J.

May not have any signage.

F. Special Events Requiring a Special Events Permit. Short-term special events that are not regulated under Subsection 17.C.1O.23O.D.4 (Commercial Special Events and Sales) may be permitted consistent with Beaumont Municipal Code Chapter 9.03 (Regulation of Special Events).

G. Temporary Uses Requiring a Minor Conditional Use Permit. Other temporary uses that do not meet the standards for temporary uses not requiring a permit or requiring a temporary use permit may be allowed in nonresidential zones with the approval of a Minor Conditional Use Permit provided they are temporary in nature, and will not unreasonably impair circulation or the operation of other uses in the area, or otherwise create significant impacts.

17.C.10.240 Tire Stores and Tire Repair Facilities
A. Purpose. The purpose of this Section is to regulate the sales, storage, and installation of tires in the city.

B. Applicability. This Section applies to tire stores and tire repair facilities citywide.

C. Standards.

1. Tire Storage. Storage of tires must be reviewed and approved through the Plot Plan process as identified in Section 17.D.04.020 (Plot Plans). a. All outdoor storage must be covered on a minimum of three sides, one of which must be the top and screened from public view.

Division C: Citywide Standards
b. Any proposed use must comply with the California Regional Water Quality Control Board and the requirements specified in the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) permit.
c. Water supply and hydrant requirements as specified in the adopted Fire Code must be met.
d. Both indoor and outdoor storage of tires and related materials and equipment must meet all Building and Safety Division and Fire Department standards and requirements.

2. Outdoor Storage. Outdoor storage of tires, related equipment, or materials shall not exceed 20 percent of the total lot area.

3. Structures. Structures utilized for storage of materials must meet all Building and Safety Division and Fire Department standards, shall be complementary to the primary structure, and meet the aesthetic intent of the area in which the business is located.

17.C.10.250 Two -Unit Projects
A. Purpose. This Section provides objective zoning and design standards for the development of two - unit projects in accordance with California Government Code §65852.21 (Senate Bills 9 and 450).

B. Applicability. Two -unit projects shall only be developed in single-family residential zones (see Table 17.B.04.020 -A (Residential Zones Use Regulations)).

C. Application Requirements. A Minor Plot Plan shall be prepared, filed, and processed for two -unit projects in compliance with Section 17.D.04.020 (Plot Plans) and this Section. Two -unit projects in compliance with this Section do not require discretionary review or a hearing.

D. General Standards. Two -unit projects shall comply with the following objective standards:

1. The two -unit project shall satisfy the eligibility requirements of California Government Code §65852.21(a).

2. Except where superseded by state law or this Section, two -unit projects shall comply with the objective development standards in Section 17.C.10.210 (Single -Family Dwellings) and Chapter 17.B.04 (Residential Zones and Standards).

3. Single-family residential zone setbacks must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

4. Access to any unit shall not be across an easement that restricts such access.

5. Off-street parking shall be provided in accordance with the following standards:
a. One off-street parking space shall be provided for each residential unit. b. No off-street parking is required if any of the following apply:
(i) The lot is located within one-half mile walking distance of a high -quality transit corridor as defined in California Public Resources Code §21155(b); Final Code I Beaumont Zoning Code Update I Page 17.C-151

Division C: Citywide Standards
(ii) The lot is located within one-half mile walking distance of a major transit stop as defined in California Public Resources Code §21064.3; or (iii) There is a car share vehicle located within one block of the lot.

E. Review and Timing. The Community Development Director, Chief Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety, and welfare, as defined in California Government Code §65589.5. If so, the Chief Building Official shall make a written finding in support of his or her decision to deny the application. The City shall ministerially approve or deny the two -unit project within 60 days of receipt of a complete application.

F. Denial. The City shall only deny an application for a two -unit project upon making both of the following findings in writing based upon a preponderance of evidence:

1. The proposed housing development project would have a specific, adverse impact upon the public health and safety as defined and determined in California Government Code §65589.5(d)(2); and

2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. Covenants Required. A property owner seeking to build a two -unit project in accordance with the standards of this Section shall execute and record the following covenants against the subject property and provide a copy to the City:

1. Short-term rental of a residential unit for a period of less than 31 days shall be prohibited; and

2. Nonresidential uses on the site shall be prohibited.

17.C.10.260 Wind Energy Conversion Systems
A. Purpose. The purpose of this Section to provide standards for the establishment, maintenance, and operation of wind energy conversion systems (WECS).

B. Permit Requirements. Table 17.C.10.260 -A (Wind Energy Conversion Systems (WECS)) identifies the permit standards for WECS. Additionally, a Building Permit shall be obtained prior to the installation of a WECS.

Division C: Citywide Standards
Table 17.C.10.260 -A: Wind Energy Conversion Systems (WECS) Location
Type Allowed
Height
Allowed
Quantity
Allowed
Permit Required
Residential Zones
Private, non-commercial'
Shall not
exceed the
maximum
allowed height
within the
applicable
zone 2
1 per lot
Conditional Use Permit
Commercial Zones and All
Other Zones Not Listed
Private, non-commercial'
1 or more per lot
Conditional Use Permit
Manufacturing Zone and
Public Facility Zone
Private, non-commercial 1
1 or more per lot
Minor Plot Plan
Windfarm 3
2 or more per lot
Conditional Use Permit
Table Notes:

A private, non-commercial WECS is installed on a developed property for the purpose of providing energy for on -site consumption. A private, non-commercial WECS is only allowed as an accessory use. 2 The Planning Commission may allow the height of a WECS to exceed the maximum allowed height if strict compliance to the height limit would result in no or poor productivity, as established by evidence provided by the applicant. The Planning Commission may require larger setbacks if additional height is allowed. 3 A windfarm is multiple WECS installed at a single property or area for the purpose of generating larger quantities of electrical or mechanical power for transmission to a public or private utility.

C. Application. An application for a WECS shall be made consistent with Division 17.D (Administration and Procedures). All required information identified on the form shall be provided by the applicant, in addition to the following information:

1. Direction of prevailing winds across the project site;

2. Manufacturer and model designation, rated kilowatt capacity, overall machine height, total blade diameter, rated maximum rotor rotations per minute, and other manufacturer's data sufficient to determine compliance with this Section;

3. Location and type of security fencing and/or screening; and

4. Proof of liability insurance consistent with Subsection 17.C.10.260.D.10 (Proof of Liability Insurance).

D. General Requirements.

1. Development Standards. A WECS shall comply with the development standards for the zone in which it is located unless otherwise specified in this Section.

2. Height Measurement. The height of a WECS shall be measured to the top of the WECS, including any blade when at its highest point.

3. Setback Measurement. Setbacks shall be measured to the outer edge of a WECS, including any blade when at its maximum horizontal extension.

4. Setbacks. A WECS shall maintain the same minimum setbacks required for a primary structure within the applicable zone.

5. Colors and Materials. A WECS shall have a non -reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts.

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Division C: Citywide Standards

6. Advertising and Graphics. Advertising, display, or graphics are not permitted on any WECS. A manufacturer's identification label and/or any government required identification or safety labels or signs may be affixed to a facility or site in a discrete manner as feasible.

7. Undergrounding Required. All wiring or any associated and ancillary equipment, batteries, devices, structures, or support(s) for any WECS, shall be placed underground to the maximum extent feasible.

8. Noise. WECS shall comply with Beaumont Municipal Code Chapter 9.02 (Noise Control).

9. Security and Safety. WECS shall be secured from access to the general public by fencing or other deterring device or means as the City may approve or require so the WECS is not an attractive nuisance. WECS shall either have tower climbing apparatus located not closer than 12 feet to the ground or be un-climbable by design for the first 12 feet.

10. Proof of Liability Insurance. The owner of any WECS shall provide, as part of the permit application submittal, proof of liability insurance that specifically addresses the installation, use, and maintenance of the WECS to the satisfaction of the City.

11. Effects of Development on Productivity. The City shall not be liable if subsequent development in the City impairs the productivity of any WECS.

12. Inoperative Facility Removal Required. Any WECS that is not operated for a continuous period of six months shall be considered abandoned. A WECS and all equipment associated with an approved WECS shall be removed within six months of the discontinuance of the use and the site shall be restored to its original pre -construction condition, subject to the approval of the Community Development Director.

E. Private, Non -Commercial WECS. A private, non-commercial WECS shall be subject to the following standards.

1. Location. A WECS, including associated and ancillary equipment, batteries, devices, structures, or supports, shall be located in the rear portion of the property (i.e., between the primary structure and rear property line). This provision may be modified by the Planning Commission if strict compliance would result in no or poor productivity, as established by evidence provided by the applicant.

2. Screening. The WECS shall be separated from adjoining properties by at least a six-foot high solid fence or wall, or by trees and landscaping of equal minimum height approved by the Planning Commission. Approval of screening may include reasonable conditions deemed by the Planning Commission necessary to minimize the visual impacts of a WECS.

3. Net -metering. A private, non-commercial WECS may be net -metered with written authorization provided by the utility company. Net -metering is a service to an electric consumer under which electric energy generated by that electric consumer from an eligible on -site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electrical utility to the electricity consumer during the applicable billing period. Net -metering does not allow the sale of power back to the electric company or into the wholesale electricity market.

Division C: Citywide Standards

17.C.10.270 Wireless Telecommunication Facilities
A. Purpose. The purpose of this Section is to provide uniform and comprehensive standards for the approval, placement, and design of telecommunication facilities. These regulations are intended to protect and promote public health, safety, and community welfare while at the same time not unduly restricting needed telecommunication facilities. They have also been developed to further the policies of the General Plan. It is intended that these regulations specifically accomplish the following:

1. Ensure that new telecommunication facilities are installed in a manner that minimizes their visual impact on the community;

2. Protect the environmental resources of Beaumont;

3. Create telecommunication facilities that will serve as an important and effective part of the City's emergency response network; and

4. Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while protecting the legitimate interests of Beaumont residents.

B. Applicability and Exemptions. The requirements of this Section apply to all telecommunication facilities on private property and public property not including the public right-of-way that transmit and/or receive electromagnetic signals, including, but not limited to, personal communications services (cellular and paging) and radio and television broadcast facilities. The requirements apply to telecommunication facilities that are the primary use of a property and those that are accessory facilities, except that the following accessory facilities are exempt:

1. Licensed amateur (ham) radio and citizen band operations;

2. Handheld, mobile, marine, and portable radio transmitters and/or receivers;

3. Public safety communications radio;

4. Radio and television mobile broadcast facilities;

5. Antennas and equipment cabinets or rooms completely located inside of permitted structures;

6. A temporary telecommunication facility mounted on a trailer or a portable foundation, with approval of the City Manager for an emergency for a period of up to one year;

7. A single ground- or building -mounted dish antenna not exceeding the maximum height permitted by this Section, including any mast, subject to the following restrictions:
a. Satellite dish 39.37 inches (one meter) or less. A satellite dish antenna 39.37 inches (one meter) or less in diameter and:
(i) Intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct -to -home satellite service, or to receive or transmit fixed wireless signals via satellite; or
(ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot provided it does not exceed the height of the ridgeline of the primary structure on the same parcel.

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Division C: Citywide Standards
b. Non -satellite dish 39.37 inches (one meter) or less. A dish antenna 39.37 inches (one meter) or less in diameter or diagonal measurement and; (i) Intended for the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite; or (ii) A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services, is permitted anywhere on a lot;

8. An antenna that is less than 25 feet in height and that is mounted on any existing building or other structure. The antenna shall be for the sole use of a person occupying the same parcel on which the antenna is located to receive television broadcast signals;

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 Community Development 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 Community Development Director that replace existing equipment in -kind or with smaller or less visible equipment, which 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. Collocation Facilities. Collocation facilities (California Government Code §65850.6) are allowed by right when proposed on a wireless telecommunications collocation 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 collocation facility in compliance with CEQA and the collocation 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, collocation 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.

Division C: Citywide Standards
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).

2. Expert Review. The Community Development 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 Community Development Director shall make a determination on the application.

4. Required Findings.
a. General findings. In approving any telecommunication facility except for a collocation 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 collocation;
(iii) The proposed site results in fewer or less severe environmental impacts than any feasible alternative site; and
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Division C: Citywide Standards
(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.
c. Findings for collocation facilities requests. The proposed collocation facility meets the requirements of Subsection 17.C.1O.27O.C.1 (Collocation Facilities). d. Findings for eligible facilities requests.
(I) The proposed collocation 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 collocation 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 collocated 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 noncompliance. An applicant seeking an exception must provide all supporting evidence for the exception request at the time of application submittal.

Division C: Citywide Standards

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.
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 collocating telecommunication facilities on the same support structures or site. Good faith shall include sharing technical information to evaluate the feasibility of collocation and may include negotiations for erection of a replacement support structure to accommodate collocation. A competitive conflict to collocation or financial burden caused by sharing information normally will not be considered as an excuse to the duty of good faith.
(i) No collocation 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 collocation 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 the construction of the wireless telecommunications facility, the permittee shall verify compliance with FCC radio frequency emissions standards. The verification shall be submitted to the Community Development Director. If at any time while the permit is in effect the Community Development Director determines there is good cause to believe that the facility may emit RF emissions that are likely to exceed FCC standards, the Community Development 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.

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Division C: Citywide Standards
f. Within 60 days after the applicant commences full, unattended operations of the permitted facility, the applicant shall provide the Community Development 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 Collocation 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 collocation facility 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 a permit for a collocation facility will not extend the permit term for the permit for the underlying wireless telecommunication collocation 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 collocation 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;

Division C: Citywide Standards
(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 Community Development 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.1O.27O.D.3 (Public Notice) 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;
(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.1O.27O.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.

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Division C: Citywide Standards
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 collocation of at least one other similar communications provider.

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.

Division C: Citywide Standards
(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 collocation. 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 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.

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Division C: Citywide Standards
(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. Collocation of additional wireless facilities on an approved major telecommunications facility.
(i)
All facilities shall make available unused space for collocation of other telecommunication facilities, including space for these entities providing similar, competing services. Collocation 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 Community Development Director may require the applicant to obtain a third -party technical study at applicant's expense. The Community Development Director may review any information submitted by applicant and permittee(s) in determining whether good faith has been exercised. (ii) All collocated 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.

Division C: Citywide Standards

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.
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 Community Development 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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Division C: Citywide Standards
Chapter 17.C.12 Affordable Housing Incentives and Density Bonus Provisions
Sections:

17.C.12.010

17.C.12.020

17.C.12.030

17.C.12.040

17.C.12.050

17.C.12.060

17.C.12.070

17.C.12.080

17.C.12.090
Purpose 17.C-166
Definitions 17.C-166
Implementation 17.C-166
Types of Incentives Allowed 17.C-166
Requirements 17.C-167
Development Standards 17.C-168
Processing of Density Bonus Requests 17.C-169
Density Bonus Housing Agreement 17.C-169
Changes in State Density Bonus Laws 17.C-170

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):

Division C: Citywide Standards

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 Bonus Housing 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 Final Code I Beaumont Zoning Code Update I Page 17.C-167

Division C: Citywide Standards
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.

Division C: Citywide Standards
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 accessible and guest parking, which 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 Community Development 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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Division C: Citywide Standards

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
Chapter 17.C.14 No Net Loss Program
Sections:

17.C.14.010 Purpose and Authority 17.C-171

17.C.14.020 Requirements 17.C-171

17.C.14.030 Development Standards 17.C-172

17.C.14.040 Processing of No Net Loss Program Density Bonus Requests 17.C-172

17.C.14.050 No Net Loss Program Density Bonus Agreement 17.C-173

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 Multiple 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.

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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, multiple -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

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 Community Development 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 Community Development 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.

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Division C: Citywide Standards
Chapter 17.C.16 Nonconforming Buildings, Uses, and Lots Sections:

17.C.16.010 Purpose 17.C-174

17.C.16.020 Applicability 17.C-174

17.C.16.030 Continuance and Maintenance 17.C-174

17.C.16.040 Nonconforming Buildings or Structures 17.C-174

17.C.16.050 Nonconforming Uses 17.C-176

17.C.16.060 Nonconforming Lots 17.C-177

17.C.16.070 Nonconformity with Other Development Standards 17.C-177

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
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.

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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 Community Development Director;

5. The reconstructed building must have no greater floor area than the one destroyed; and

6. The exterior limits of the new construction are consistent with the height and setback requirements of the underlying zone.

D. Duplex and Multiple Family Dwellings. If a duplex or multiple -family dwelling is involuntarily damaged, the City may only prohibit the reconstruction of the duplex or multiple -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 (Loss of Nonconforming Status).

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 Community Development 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 Community Development 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 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 and may be abated subject to due process requirements.

Division C: Citywide Standards

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).

Final Code I Beaumont Zoning Code Update I Page 17.C-177

City of Beaumont
Division D: Administration
and Procedures
Final Code
Lisa Wise Consulting, Inc.

Division D: Administration and Procedures
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-21

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
Final Code I Beaumont Zoning Code Update I Page 17.D-i

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Chapter 17.D.10 Specific Plans 17.D-40

17.O.10.010 Purpose 17.O-40

17.O.10.020 Applicability 17.O-40

17.O.10.030 Application Requirements 17.D-40

17.O.10.040 Procedures 17.D-41

17.O.10.050 Findings 17.D-41

17.O.10.060 Adoption of Specific Plan 17.O-42

17.O.10.070 Implementation and Amendments 17.O-42
Chapter 17.D.12 Development Agreements 17.D-43

17.O.12.010 Purpose 17.D-43

17.O.12.020 Applicability 17.D-43

17.O.12.030 Application Requirements 17.D-43

17.O.12.040 Procedures 17.O-44

17.O.12.050 Findings 17.D-44

17.O.12.060 Execution and Recordation 17.D-45

17.O.12.070 Annual Review 17.D-45

17.O.12.080 Amendment or Termination of an Approved Development Agreement 17.D-46

17.O.12.090 Effect of Development Agreement 17.D-46
Chapter 17.D.14 Enforcement 17.D-47

17.O.14.010 Purpose 17.O-47

17.O.14.020 Responsibility for Enforcement 17.D-47

17.O.14.030 Zoning Violations 17.D-47

17.O.14.040 Remedies Cumulative 17.D-47

Division D: Administration and Procedures
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 Community Development 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 Community Development Director shall also include, but are not limited to the following:
a. Authority to hear and decide:

Applications identified in Table 17.D.02.030 -A (Review Authorities); 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 Community Development Director; and
(iii) Determinations of similar use as specified in Subsection 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.

Final Code I Beaumont Zoning Code Update I Page 17.D-1

Division D: Administration and Procedures
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).

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.O2.O2O.C (Council) 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 Community Development 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
Type of Action
Plot Plans
Chapter/Section
Recommending
Authority
Review
Authority
Appeal
Authority
Major Plot Plan
Section 17.D.04.020
(Plot Plans)
Community
Development Director
Planning Commission
Council
Minor Plot Plan
Planning Staff
Community
Development Director
Planning Commission

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Table 17.D.02.030 -A: Review Authorities 1
Type of Action
Chapter/Section
Recommending
Authority
Review
Authority
Appeal
Authority
Use Permits
Conditional Use
Permit (CUP)
Section 17.D.04.030
(Use Permits)
Community
Development Director
Planning Commission
Council
Minor
Conditional Use
Permit (MUP)
Planning Staff
Community
Development Director
Planning Commission
Temporary Use
Permit (TUP)
Section 17.D.04.040
(Temporary Use
Permits)
Planning Staff
Community
Development Director
Planning Commission
Minor Modifications and Variances
Minor
Modification
Section 17.D.04.050
(Minor Modifications)
Planning Staff
Community
Development Director
Planning Commission
Variance
Section 17.D.04.060
(Variances)
Community
Development Director
Planning Commission
Council
Sign Permits
Major Sign Permit
Section 17.D.04.070
(Sign Permits)
Community
Development Director
Planning Commission
Council
Minor Sign
Permit
Planning Staff
Community
Development Director
Planning Commission
Sign Program
Section 17.D.04.080
(Sign Programs)
Community
Development Director
Planning Commission
Council
Other
Home
Occupation
Section 17.D.04.090
(Home Occupation
Permits)
Planning Staff
Community
Development Director
Planning Commission
Certificate of
Appropriateness
Section 17.D.04.100
(Certificates of
Appropriateness)
Planning Staff
Community
Development 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)
Community
Development Director
and Planning
Commission
Council
n/a
General Plan
Amendment
Chapter 17.D.08
(General Plan
Amendments)
Community
Development Director
Council
n/a
Final Code I Beaumont Zoning Code Update I Page 17.D-3

Division D: Administration and Procedures
Table 17.D.02.030
-A: Review Authorities 1
Type of Action
Chapter/Section
Recommending
Authority
Review
Authority
Appeal
Authority
and Planning
Commission
Specific Plan
Chapter 17.D.10
(Specific Plans)
Community
Development Director
and Planning
Commission
Council
n/a
Development
Agreement
Chapter 17.D.12
(Development
Agreements)
Community
Development 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). 2See Subsection 17.D.04.100.D (Authority) for when the Community Development Director or the Planning Commission is the decision -making body.

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 Community Development Director on behalf of the Council.

2. Applications.
a. The Community Development 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 Community Development 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 Community Development Director to be necessary to show details of the proposed use or

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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 Community Development 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 Community Development 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.

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:
g.
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 Community Development 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 Final Code I Beaumont Zoning Code Update I Page 17.D-5

Division D: Administration and Procedures
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 Community Development 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.

5. Fees. A schedule of fees shall be maintained by the Community Development 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 Community Development 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 Community Development 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 Subsection 17.D.02.040.B (Application Process and Fees).

3. Pre -Application Review Meeting. After reviewing the application, the Community Development Director shall meet with the applicant or representative. Neither the Pre - Application Review nor the provision of information by the Community Development Director and the discussion of City policies shall be construed as either a recommendation

Division D: Administration and Procedures
for approval or denial of the application or development. No formal action is taken by the Community Development Director at a Pre -Application Review meeting. Following the meeting, the Community Development Director shall provide the applicant with a written summary of comments.

D. Review of Planning Applications.

1. Initial Completeness Review. The Community Development 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 Community Development 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 Community Development Director may grant one extension of up to 90 days.
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 Community Development 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 Community Development Director shall make a record of that date and proceed with processing the application. If an application requires a public hearing, the Community Development 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 Community Development Director is the Review Authority, the Community Development 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 Community Development Director shall forward the application to the Planning Commission for review at a public hearing.
b. At the discretion of the Community Development 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 Community Development 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.

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Division D: Administration and Procedures
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.

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;

Division D: Administration and Procedures
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 uses of real property, all forms of notice for the Planning Commission hearing 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 Community Development 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.

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Division D: Administration and Procedures

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.

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

Division D: Administration and Procedures
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, 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).

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.

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Division D: Administration and Procedures

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, 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 phase shall be subject to a time limit during which construction must commence. Each subsequent phase shall have the same length of time allowed for the previous phase. The time limit for a subsequent phase

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shall begin when the previous phase commences construction, unless otherwise specified in the permit of 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 six months; 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 Subsection 17.D.02.040.B (Application Process and Fees).

6. Determination of Expiration. If the Community Development Director determines a permit or other approval has expired, the Community Development 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 Community Development 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 Community Development 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 Community Development 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 Community Development 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:

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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 up to three one-year Time Extensions allowing a permit or approval to remain in effect for a total of up to three years beyond the expiration date of the original permit or approval, or for as long as any subdivision concurrently approved is extended, whichever is longer.

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 Community Development 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 Community Development 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 Community Development 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 Subsection 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.

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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 six months; 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.

5. Notice of Action Regarding Revocation. Following a decision by the Review Authority to revoke or modify a permit, the Community Development 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 Community Development 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 Community Development 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 Community Development Director. The Planning Commission is the appeal body for decisions of the Community Development 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 Final Code I Beaumont Zoning Code Update I Page 17.D-15

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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 from the date the returned appeal is received to file an amended appeal. Upon failure to file an amended appeal within the five-day period, the appeal shall be deemed withdrawn.
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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Chapter 17.D.04 Permits and Approvals
Sections:

17.D.04.010

17.D.04.020

17.D.04.030

17.D.04.040

17.D.04.050

17.D.04.060

17.D.04.070

17.D.04.080

17.D.04.090

17.D.04.100

17.D.04.110

17.D.04.010
Purpose 17.D-17
Plot Plans 17.D-17
Use Permits 17.D-20
Temporary Use Permits 17.D-21
Minor Modifications 17.D-23
Variances 17.D-25
Sign Permits 17.D-26
Sign Programs 17.D-29
Home Occupation Permits 17.D-30
Certificates of Appropriateness 17.D-31
Reasonable Accommodation 17.D-34
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 over 20,000 square feet of new or expanded gross floor area in manufacturing zones not adjoining any residential zones. b. Any new multiple family residential project or projects (including attached townhomes) with 10 or more units, or new subdivisions with 10 or more single- family dwellings.

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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 up to 20,000 square feet of new floor area in manufacturing zones not adjoining any residential zones.
b. Any new multiple 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 multiple family residential, commercial, industrial, or mixed -use buildings unless exempted in accordance with Subsection

17.D.O4.O2O.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. The construction of a new commercial, industrial, mixed -use, or multiple family parking lot.
g.

Where required in applicable Specific Plans.
h. 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 multiple family projects that comply with the City's residential objective design standards at Sections 17.C.10.210 (Single -Family Dwellings) and

17.C.10.190 (Multiple 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 square feet, whichever is less; will not involve any alterations along any street - facing facade; 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.

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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.

J.

New accessory structures that are exempt from obtaining a Building Permit.

Accessory Dwelling Units and Junior Accessory Dwellings Units, in compliance with state law.

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.O2.O4O.B.3 (Multiple Applications) and Subsection 17.D.02.040.0 (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Plot Plan application has been deemed complete, the Community Development 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 Community Development 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
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.

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b. The proposed siting, form, architectural style, materials, and other elements of single-family residential and multiple family residential developments are consistent with Section 17.C.10.210 (Single -Family Dwellings) and Section

17.C.10.190 (Multiple 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 Community Development Director is the Review Authority for Minor Conditional Use Permits.

E. Approval Procedures.

1. Director Evaluation. After a proposed Use Permit application has been deemed complete, the Community Development 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).

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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 Community Development 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 as determined by the utility 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).

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.

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B. Applicability. A Temporary Use Permit allows for the short-term activities described in Subsection

17.C.10.230.E (Temporary Uses Requiring a Temporary Use Permit), 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 Community Development Director is the Review Authority for Temporary Use Permits subject to Subsection

17.D.O2.O4O.B.3 (Multiple Applications) and Subsection 17.D.02.040.0 (Appeals).

E. Approval Procedure.

1. Director Review. After a proposed Temporary Use Permit application has been deemed complete, the Community Development 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 Community Development 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 Community Development 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 Community Development 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).

2. Appeals. The Review Authority's decision may be appealed as provided in Subsection

17.D.02.040.0 (Appeals).

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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).

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:

I- •
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
2001
Increase in sign area or height
10%
Table Notes:

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.

C. Application Requirements. A Minor Modification application shall be prepared, filed, and processed in compliance with Chapter 17.D.02 (Procedures) and this Subsection.

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D. Authority. As identified in Table 17.D.02.030 -A (Review Authorities), the Community Development Director is the Review Authority for Minor Modifications subject to Subsection

17.D.O2.O4O.B.3 (Multiple Applications) and Subsection 17.D.02.040.0 (Appeals).

E. Approval Procedures.

1. Director Evaluation. After a proposed Minor Modification application has been deemed complete, the Community Development 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 Community Development 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.02.040.0 (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 Community Development 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 Subsection 17.D.O2.O4O.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 Permits); 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 Community Development 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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of all existing signs on the premises/site. The street frontage shall be clearly indicated on the plan.
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.O2.O4O.B.3 (Multiple Applications) and Subsection 17.D.02.040.0 (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 Community Development 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 Community Development 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 Community Development 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 Community Development 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; Final Code I Beaumont Zoning Code Update I Page 17.D-27

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3. The sign is consistent with any applicable Sign Program;

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 Community Development Director. When the Community Development 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 Community Development 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 multiple 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 multiple 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 Community Development 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 Community Development 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.10.140 (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 Community Development Director is the Review Authority for Home Occupation Permits subject to Subsection

17.D.O2.O4O.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 Community Development 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 Community Development Director shall approve or deny the application in compliance with the findings provided in Subsection 17.D.04.090.F (Findings).

F. Findings. The Community Development 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.10.140 (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 Community Development 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 facades 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.02.040.0 (Appeals).

1. The Community Development 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 Community Development Director review.

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E. Approval Procedures.

1. Director Evaluation. After a proposed Certificate of Appropriateness application has been deemed complete, the Community Development Director shall review the Certificate of Appropriateness application to determine whether it conforms with the provisions of this Title in accordance with Chapter 17.D.02 (Procedures).

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 Community Development Director review shall state the following:
a. The Community Development 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 Community Development Director only if requested in writing by any interested person before the specified date for the decision.

3. Director Review.
a. The Community Development 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 Community Development Director review, the Community Development 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 Community Development 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 Final Code I Beaumont Zoning Code Update I Page 17.D-33

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official to correct such conditions. Work shall be performed in compliance with the current adopted version of the California Building 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.

17.D.04.110 Reasonable Accommodation
Reasonable accommodation requests are regulated at Beaumont Municipal Code Chapter 15.26 (Reasonable Accommodations).

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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; or

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.

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.

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).

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17.D.06.040 Procedures
A. Director Evaluation. After a proposed Zoning Amendment has been filed with the Department, the Community Development 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 Subsection 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 Subsection 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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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.

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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 Community Development 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 Subsection 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 Subsection 17.D.02.040.G (Public Hearings).
b. The Council's action to approve the General Plan Amendment shall be by resolution.