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Title 9 – Planning and Zoning
Division 4 – Standards For
Specific Land Uses
COUNCIL HEARING DRAFT
OCTOBER 2026
Table of Contents
Chapter 9.115 Standards for Specific Land Uses ........................................................................ 4-5
9.115.010 Purpose, Intent, and Applicability.................................................................................. 4-5
9.115.020 Accessory Uses............................................................................................................. 4-6
9.115.030 Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU And JADU) ... 4-10
9.115.040 Alcoholic Beverage Manufacturing.............................................................................. 4-18
9.115.050 Antennas ..................................................................................................................... 4-19
9.115.060 Bed and Breakfast Inn................................................................................................. 4-19
9.115.070 Car Wash..................................................................................................................... 4-20
9.115.080 Dwelling, Live-Work Unit ............................................................................................. 4-21
9.115.090 Eating and Drinking Establishment, Bar...................................................................... 4-22
9.115.100 Emergency Shelters .................................................................................................... 4-23
9.115.110 Home Occupations...................................................................................................... 4-24
9.115.120 Mixed-Use Developments ........................................................................................... 4-25
9.115.130 Mobilehome Parks....................................................................................................... 4-26
9.115.140 Recreational Vehicle (RV) Parks................................................................................. 4-27
9.115.150 Retail Sales, Grocery Store Small/Neighborhood Market........................................... 4-35
9.115.160 Retail Sales, Restricted ............................................................................................... 4-37
9.115.170 Senior Housing............................................................................................................ 4-39
9.115.180 Sexually Oriented Businesses..................................................................................... 4-40
9.115.190 Single-Room Occupancy (SRO) ................................................................................. 4-41
9.115.200 Solid Waste Management: Community Composting, Recycling Facilities, and Recycling Centers ..................................................................................................................................... 4-43 Chapter 9.115 Standards for Specific Land Uses
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9.115.210 Time-Share Use or Occupancy of Land...................................................................... 4-45
9.115.220 Vehicle Sales, Used and Vehicle Rental Facility, Passenger and Recreational......... 4-46
9.115.230 Vehicle Fueling Stations.............................................................................................. 4-47
9.115.240 Vehicle Repair Shop.................................................................................................... 4-49 Chapter 9.120 Standards for Temporary Land Uses ................................................................. 4-53
9.120.010 Purpose and Intent ...................................................................................................... 4-53
9.120.020 Applicability.................................................................................................................. 4-53
9.120.030 Types of Temporary Land Uses.................................................................................. 4-53 Chapter 9.125 Cannabis Businesses ......................................................................................... 4-56
9.125.010 Purpose and Intent ...................................................................................................... 4-56
9.125.020 Relationship to Other Laws ......................................................................................... 4-56
9.125.030 Permit Required........................................................................................................... 4-56
9.125.040 Application and Processing Procedures ..................................................................... 4-57
9.125.050 Findings for Approval .................................................................................................. 4-58
9.125.060 Development and Location Standard.......................................................................... 4-59
9.125.070 Conditions of Approval ................................................................................................ 4-60
9.125.080 Limited City Liability..................................................................................................... 4-62
9.125.090 Inspections .................................................................................................................. 4-62
9.125.100 Enforcement ................................................................................................................ 4-63 Chapter 9.130 Density Bonus..................................................................................................... 4-65
9.130.010 Purpose and Intent ...................................................................................................... 4-65
9.130.020 Authority and Conflicts ................................................................................................ 4-65
9.130.030 Eligibility and Types of Bonuses and Incentives ......................................................... 4-65
9.130.040 Waivers........................................................................................................................ 4-67
9.130.050 Parking ........................................................................................................................ 4-68
9.130.060 Application Submittal and Processing......................................................................... 4-68
9.130.070 Severability.................................................................................................................. 4-71 Chapter 9.135 Wireless Telecommunications............................................................................ 4-73
9.135.010 Purpose and Applicability ............................................................................................ 4-73
9.135.020 Exemptions.................................................................................................................. 4-73
9.135.030 Permits Required......................................................................................................... 4-75
9.135.040 Application Submittal Requirements ........................................................................... 4-77
9.135.050 Findings ....................................................................................................................... 4-77
9.135.060 General Development Standards................................................................................ 4-77
9.135.070 Nonconforming Provisions .......................................................................................... 4-81
9.135.080 Exceptions................................................................................................................... 4-81 Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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9.135.090 Standard Conditions of Approval................................................................................. 4-81
9.135.100 Conditions of Approval for Section 6409(a) Modifications .......................................... 4-85
9.135.110 Timing of Review......................................................................................................... 4-88
9.135.120 Peer Review ................................................................................................................ 4-88
9.135.130 Decision....................................................................................................................... 4-88
9.135.140 Revocation................................................................................................................... 4-89
9.135.150 Appeal ......................................................................................................................... 4-89 Chapter 9.115 Standards for Specific Land Uses
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Chapter 9.115
Standards for Specific Land
Uses
Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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Chapter 9.115 Standards for Specific Land Uses
Sections
9.115.010 Purpose, Intent, and Applicability
9.115.020 Accessory Uses
9.115.030 Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU And JADU)
9.115.040 Alcoholic Beverage Manufacturing
9.115.050 Antennas
9.115.060 Bed and Breakfast Inn
9.115.070 Car Wash
9.115.080 Dwelling, Live-Work Unit
9.115.090 Eating and Drinking Establishment, Bar
9.115.100 Emergency Shelters
9.115.110 Home Occupations
9.115.120 Mixed-Use Developments
9.115.130 Mobilehome Parks
9.115.140 Recreational Vehicle (RV) Parks
9.115.150 Retail Sales, Grocery Store Small/Neighborhood Market
9.115.160 Retail Sales, Restricted
9.115.170 Senior Housing
9.115.180 Sexually Oriented Businesses
9.115.190 Single-Room Occupancy (SRO)
9.115.200 Solid Waste Management: Community Composting, Recycling Facilities, and Recycling Centers
9.115.210 Time-Share Use or Occupancy of Land
9.115.220 Vehicle Sales, Used and Vehicle Rental Facility, Passenger and Recreational
9.115.230 Vehicle Fueling Stations
9.115.240 Vehicle Repair Shop
9.115.010 Purpose, Intent, and Applicability
A. Purpose. The purpose of this Chapter is to provide site planning, operational, and development standards for specific land uses and activities established in Division 2 (Zoning District Regulations and Development Standards) that require additional standards to ensure compatibility with adjacent land uses. [Source: NEW]
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B. Intent. The standards and requirements established in this Chapter are intended to ensure that all development in the City is: [Source: NEW]
1. Compliant with State and Federal law;
2. Consistent with the General Plan;
3. Consistent with all applicable City and County regulations; and
4. Compatible with existing and future development.
C. Applicability. The standards and requirements established in this Chapter shall apply to specified uses in zoning districts. Specified uses shall comply with all required development and operational standards in the zoning district in which they are located in addition to the standards established in this Chapter. In the event of conflict between these standards and the underlying zoning regulations, the requirements of this Chapter shall apply. [Source: NEW]
9.115.020 Accessory Uses
A. Purpose and Intent. The Section establishes development and operational standards specific to uses accessory and incidental to a primary use on a site, where allowed in Division 2 (Zoning Districts Regulations and Development Standards). [Source: NEW] B. Relationship of Accessory Use to Primary Use. [Source: NEW]
1. Accessory uses shall only be allowed in conjunction with a primary use, as permitted. [Source: NEW]
2. Accessory uses shall be incidental to and not alter the character of the primary use. [Source: NEW]
C. Community Garden.
1. Purpose and Intent. The purpose of this Section is to allow for community gardens to increase access to fresh foods and support healthy communities in the city. [Source:
NEW]
2. Applicability. The development and operational standards established in this Section shall apply to all community gardens. [Source: NEW]
3. Accessory Use. Community gardens are allowed as an accessory use on a parcel in residential and mixed-use zoning districts. [Source: NEW]
4. Development and Site Standards.
a. Accessory Structures. Structures used to support community gardens, such as tool sheds, greenhouses, structures used to secure and shelter animals, and instructional spaces shall comply with all development and site standards in the applicable zoning district. [Source: NEW]
b. Garden Stand. Garden stands are allowed on the site of a community garden subject to the following standards: [Source: NEW]
i. Garden stands up to 120 square feet are allowed by-right.
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ii. Garden stands larger than 120 square feet are allowed through a Minor Use Permit in compliance with Chapter 9.220 (Minor Use Permit).
iii. Garden stands shall be temporary and removed and stored in an enclosed space during non-operational hours.
iv. Product sales are limited to produce grown and produced on-site.
5. Operational Standards.
a. Allowed Plant Crops. All community garden plots may cultivate fruits, vegetables, flowers, plant fiber, nuts, seeds, or culinary herbs. Agricultural products requiring additional licensing for cultivation, including, but not limited to, cannabis and hemp, are prohibited crops in community gardens. [Source:
NEW]
b. Animals Prohibited. The keeping of animals is prohibited in community gardens. [Source: NEW]
c. Operational Hours. Cultivation, maintenance, and harvesting activities shall be limited to between 6:00 a.m. and 8 p.m. [Source: NEW] d. Maintenance. Community gardens shall be maintained in an orderly manner, including litter removal, irrigation, weeding, pruning, pest control and removal of dead or diseased plant materials so that they do not generate odors, pests, or noises that negatively affect adjacent properties. [Source: NEW] e. Compost. Compost facilities accessory to a community garden are allowed in compliance with the following standards: [Source: NEW]
i. Setback. Compost facilities shall be located a minimum of 20 feet from any property line.
ii. Location. Compost facilities shall be located in rear yard areas only. iii. Maintenance. Compost facilities shall be maintained to be free of pests and odors.
f. Equipment. [Source: NEW]
i. Use of mechanized farm equipment is prohibited in residential zoning districts.
ii. When not in use, all equipment shall be enclosed or screened from public rights-of-way. [Source: NEW]
iii. Exceptions. [Source: NEW]
(1) Landscaping equipment designed for household use is allowed.
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(2) Equipment up to 8,000 pounds may be used for initial site preparation of community gardens consistent with Chapter
11.96 (Noise Control).
g. Trash Screening. Trash receptacles used to support community gardens shall be located indoors or screened from the public rights-of-way and adjacent properties through landscaping, fencing, or other method of screening consistent with Chapter 9.85 (Screening). [Source: NEW] h. Fences. Fences are allowed in community gardens in compliance with all standards in the applicable zoning district and Chapter 9.75 (Fences and Walls). [Source: NEW]
i. Parking. Parking facilities shall comply with all parking requirements in Chapter 9.70 (Parking, Loading, And Access). [Source: NEW] D. Drive-In and Drive-Through Sales.
1. Purpose and Intent. The purpose of this Section is to allow for drive-in and drivethrough sales in conjunction with a primary use that are compatible with adjacent uses and to address potential air pollution, greenhouse gas emissions, light and glare, traffic and circulation, and noise impacts resulting from new drive-in and drive-through uses. [Source: NEW]
2. General Standards. Drive-in and drive-through facilities shall be designed and operated to mitigate problems of congestion, idling, excessive pavement, litter, and noise. [Source: NEW]
3. Permit Requirements. All drive-in and drive-through facilities require a Conditional Use Permit, where allowed in Division 2 (Zoning Districts Regulations and Development Standards). [Source: NEW]
a. Mixed-Use, Downtown Commercial (MU-DT). This Section applies only to MU-DT zoning district. Drive-in and drive-through sales uses require the establishment of a primary use.. [Source: 9.31.055, modified]
4. On-Site Circulation Standards. Parcels with drive-in and drive-through facilities shall provide internal circulation and a stacking area meeting the standards below, as approved by the City Engineer. [Source: NEW]
a. Aisle Design. Drive-in and drive-through aisles shall comply with the following: [Source: NEW]
i. The entrance/exit of any drive-through aisle shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. [Source: NEW]
ii. Drive-through aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width. [Source: NEW] Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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b. Stacking Area. A clearly identified area shall be provided for vehicles waiting for drive-in and drive-through service that is physically separated from other on-site traffic circulation. [Source: NEW]
i. The stacking area shall accommodate a minimum of five cars for each drive-through window services, in addition to the vehicle(s) receiving service. Additional stacking may be required for drive-in or drivethrough facilities known to generate more stacking than required by this Section. A queuing study may be required at the discretion of the Director. [Source: NEW]
ii. The stacking area shall be located at and before the menu board, teller window, pharmacy window, etc. [Source: NEW]
iii. The stacking area shall be separated from other on-site traffic through concrete curbing or paint striping on at least one side of the lane. [Source: NEW]
iv. Stacking areas parallel to streets or public rights-of-way are prohibited, unless no other configuration is feasible. Alternative configuration of the stacking area requires approval of the Review Authority. [Source: NEW]
v. The stacking area shall not extend over a pedestrian walkway, public sidewalk, or into the right-of-way. [Source: NEW]
c. Walkways. Pedestrian walkways should not intersect the drive-through aisles. If such an intersection is unavoidable due to site constraints, the intersection shall have clear visibility and shall be emphasized by enhanced paving subject to the approval of the Review Authority. [Source: NEW]
5. Screening. An opaque screen consisting of plant material and/or a solid masonry wall, a minimum of six feet in height, shall be constructed on each property line that is adjoining a residential or residential mixed-use zoned parcel or use. The design of the wall and the proposed construction materials shall be subject to the approval of the Review Authority. [Source: NEW]
6. Signs. In addition to the standards established in Chapter 9.105 (Signs), drive-in and drive-through facilities shall comply with the following sign standards: [Source: NEW] a. Menu Boards. Outdoor speakers shall be located at least 100 feet from any residential use or zoned parcel. [Source: NEW]
E. Outdoor Commercial Displays and Sales.
1. Temporary Outdoor Displays and Sales. See Section 9.120 (Standards for Temporary Uses). [Source: NEW]
2. Permanent Outdoor Displays and Sales. The permanent outdoor display and sale of merchandise (e.g., garden centers, nurseries, lumber yards, etc.) shall comply with the following standards: [Source: NEW]
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a. Materials associated with a permanent outdoor display and sales area shall not exceed 10 feet in height, unless a greater height is allowed through the approval of a Conditional Use Permit in compliance with Chapter 9.225 (Conditional Use Permit). [Source: NEW]
b. Outdoor sales areas shall not encroach into required setback areas. [Source:
NEW]
c. Displayed merchandise shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces, or pedestrian walkways. Displays shall not obstruct intersection visibility or otherwise create hazards for vehicle, bicycle, or pedestrian traffic. [Source:
NEW]
d. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel. [Source: NEW] e. No additional signage shall be permitted for outdoor display or sales areas beyond the signage otherwise allowed for the primary use. [Source: NEW] F. Outdoor Storage. All outdoor storage areas shall comply with the following standards:
[Source: NEW]
1. Outdoor storage areas shall be entirely enclosed by a solid wall or fence constructed of one or more of the materials used on the primary structure. Stored materials shall not exceed the height of the fence, except with a Minor Use Permit in compliance with Chapter 9.220 (Minor Use Permit). Maximum enclosure height for outdoor storage areas is as follows: [Source: NEW]
a. Commercial Zoning Districts. Six feet.
b. Industrial Zoning Districts. Eight feet.
2. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zone, and the setback area shall be landscaped in compliance with Chapter
9.55 (Landscaping). [Source: NEW]
9.115.030 Accessory Dwelling Units and Junior Accessory Dwelling Units (ADU And JADU)
A. Purpose and Intent. This Section allows and regulates accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to lower barriers to the development of more affordable, infill housing. [Source: NEW]
B. Administration. [Source: 9.114]
1. Accessory dwelling units shall be permitted through issuance of a Building Permit. No ADU shall be constructed without first applying for and obtaining a Building Permit from the City. Applications for an accessory dwelling unit Building Permit shall be Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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accompanied by the appropriate fee established by resolution of the City Council. [Source: 9.114]
2. A Building Permit application for an accessory dwelling unit shall be acted upon by the Building Official ministerially without discretionary review or a public hearing. The Building Permit application shall be acted upon within 60 days from receipt of a completed application if there is an existing single-unit or multiple-unit dwelling on the lot. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the Building Permit for an ADU is submitted in conjunction with a permit application to create a new single-unit dwelling on the lot, the Building Permit shall be acted upon concurrently with the permit application to create the new single-unit dwelling. [Source: 9.114]
3. A Demolition Permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. [Source: 9.114]
4. The City shall not deny a permit for a previously unpermitted ADU or JADU that was constructed before January 1, 2020, due to nonconforming zoning condition or a violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the California Health and Safety Code, unless it is deemed substandard pursuant to Section 17920.3 of the Health and Safety Code. [Source: 9.114]
a. A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with Section 17920.3 of the Health and Safety Code and when the fee is authorized by subdivision (c) of Section 66311.5 of the California Government Code, which applies to ADUs that have more than 750 square feet of livable space and accessory to a single-unit dwelling. b. Upon receiving a permit application for a previously unpermitted ADU or JADU constructed before January 1, 2020, an inspector from the City may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the inspector finds noncompliance with health and safety standards, the City shall not penalize the applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards.
5. Building permits issued in compliance with this section shall expire and become null and void 12 months after Building Permit issuance unless construction work authorized by the permit has commenced or an extension of the permit has been granted through the Building Department pursuant to Health and Safety Code Section 18938.6. [Source: 9.114]
6. The City shall not impose any impact fee upon the development of an accessory dwelling unit with 750 square feet of interior livable space of less, including a junior Chapter 9.115 Standards for Specific Land Uses
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accessory dwelling unit. Any impact fees charged for an accessory dwelling unit with more than 750 square feet of livable space shall be charged proportionately in relation to the square footage of the primary dwelling unit. [Source: 9.114] C. Approval.
1. The City shall approve an application for a Building Permit for an accessory dwelling unit that meets the objective standards set forth in this Chapter in any zoning district where single-unit or multi-unit residential uses are permitted by right or with a Conditional Use Permit. [Source: 9.114]
2. If the City denies an application for an accessory dwelling unit permit, the City shall provide a full set of comments to the applicant with a list of deficiencies and description of how they can be remedied within the time frames below for approval or denial of the application. [Source: 9.114]
D. General Provisions. The following provisions apply to all accessory dwelling units:
1. Zoning. The accessory dwelling unit must be proposed on a lot that is zoned to allow for single-unit or multi-unit residential uses either by right or with a Conditional Use Permit (Chapter 9.225) and includes a proposed or existing primary dwelling.
Accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. An accessory dwelling unit shall not be construed as causing the lot to exceed its allowable density. [Source: 9.114]
2. Building Codes. The accessory dwelling unit shall comply with State building standards for dwellings. Accessory dwelling units are not required to provide fire sprinklers unless they are required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. [Source: 9.114]
3. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit. A passageway is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. [Source: 9.114]
4. Septic and Sewer. All accessory dwelling units shall be connected to the public sewer system unless an exemption is granted pursuant to Chapter 8.50. If there is no "available public sewer system" as defined in Chapter 8.50, and a private sewage system will be used, it must be appropriately sized in compliance with the Building Code. [Source: 9.114]
5. Ownership and Occupancy. An accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, except as provided by Government Code Sections 66340 to 66342.
An accessory dwelling unit shall not be utilized as a short-term vacation rental as defined in Chapter 5.96 of this Code. [Source: 9.114]
6. Certificate of Occupancy. The City shall not issue a Certificate of Occupancy for an accessory dwelling unit before it issues a Certificate of Occupancy for the primary dwelling. [Source: 9.114]
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7. Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. [Source: 9.114]
8. Number of Units. The following number of accessory dwelling units shall be allowed as follows, provided that each unit complies with State building standards for dwellings:
[Source: 9.114]
a. Single-Family Lot. On a lot with an existing or proposed single-unit dwelling, one JADU shall be permitted in addition to the following combinations of ADUs:
[Source: 9.114]
i. One detached ADU with no more than 800 square feet of livable space and/or one conversion ADU.
ii. One detached ADU with more than 800 square feet of livable space or one attached ADU.
b. Multiple-Family Lot. [Source: 9.114]
i. The total number of accessory dwelling units that are within the portions of an existing multi-unit dwelling structure that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages shall not exceed 25 percent of the existing multi-unit dwelling units, provided that at least one such ADU shall be permitted.
ii. On a lot with an existing multi-unit dwelling, a maximum of eight detached accessory dwelling units, but not more than the number of existing units on the lot, shall be approved.
iii. On a lot with a proposed multi-unit dwelling, a maximum of two detached accessory dwelling units shall be approved.
iv. JADUs are not permitted.
E. Attached Accessory Dwelling Units On Lots With A Single-Unit Dwelling. The following development standards apply to accessory dwelling units attached to an existing single-unit dwelling: [Source: 9.114]
1. Unit Size. The maximum total floor area shall not exceed 850 square feet of livable space for a studio or one-bedroom unit and 1,000 square feet of livable space for a unit with more than one bedroom, or 50 percent of the existing primary dwelling, whichever is less. No more than two bedrooms are allowed. [Source: 9.114]
2. Setbacks. [Source: 9.114]
a. Front. The minimum front setback shall be as established in the underlying zoning district.
b. Side. A minimum setback of four feet.
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c. Rear. A minimum setback of four feet.
d. The attached ADU must be five feet from other structures on the property.
3. Building Height. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. [Source: 9.114]
4. Location. Attached accessory dwelling units shall be located to the rear or side of the dwelling unit. [Source: 9.114]
5. Lot Coverage. Attached accessory dwelling units shall conform to the lot coverage requirements of the underlying zoning district in which the accessory dwelling unit is located. [Source: 9.114]
6. Landscape. For an accessory dwelling unit involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter 8.57 for water efficiency. [Source: 9.114]
7. Architectural Review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material. [Source:
9.114]
8. Parking.
a. One new parking space per accessory dwelling unit shall be required, except as provided in subparagraph (b) below. Off-street parking shall be permitted in setback areas or through tandem parking in designated parking areas, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. [Source: 9.114]
b. No additional parking shall be required for any accessory dwelling unit in the following instances: [Source: 9.114]
i. The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance.
ii. The unit is located within an architecturally and historically significant historic district.
iii. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
iv. When there is a car share vehicle located within one block of the accessory dwelling unit.
v. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-unit dwelling or a new multi-unit dwelling on the same lot, provided that the accessory Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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dwelling unit or the parcel satisfies any other criteria listed in this Section.
9. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling. [Source: 9.114] F. Conversion Accessory Dwelling Units On Lots With A Single-Unit Dwelling. The following development standards apply to accessory dwelling units constructed within the existing or proposed space of a single-unit dwelling, or within an existing accessory structure on a lot with a single-unit dwelling: [Source: 9.114]
1. Setbacks. No setbacks shall be required except as required by the Building Code for fire and safety purposes. [Source: 9.114]
2. Building Height. Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows: [Source: 9.114] a. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. [Source: 9.114]
b. An accessory dwelling unit constructed within the existing space of an accessory structure may not expand the physical dimensions of the existing structure, except as needed to accommodate ingress and egress. [Source:
9.114]
3. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling. [Source: 9.114]
4. Conversion and Expansion. For accessory dwelling units that will be created within an existing, legally permitted accessory structure, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress. [Source: 9.114]
G. Junior Accessory Dwelling Units. The following development standards apply to junior accessory dwelling units: [Source: 9.114]
1. One junior accessory dwelling unit may be permitted per lot zoned for single-unit dwellings with a single-unit dwelling already built, or proposed to be built, on the lot. [Source: 9.114]
2. A junior accessory dwelling unit shall be constructed within the walls of the proposed or existing single-unit dwelling and is not permitted within an accessory structure. [Source: 9.114]
3. A junior accessory dwelling unit shall have an independent exterior access separate from the main entrance to the proposed or existing primary dwelling. [Source: 9.114]
4. A junior accessory dwelling unit shall include an efficiency kitchen that includes cooking facilities, a food preparation counter, and storage cabinets. [Source: 9.114] Chapter 9.115 Standards for Specific Land Uses
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5. A deed restriction that runs with the land shall be recorded and a copy filed with the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the primary residence, that this prohibition may be enforced against future purchasers, and that restricts the size of the junior accessory dwelling unit to no more than 500 square feet of livable space. [Source: 9.114] H. Detached Accessory Dwelling Units, No Larger Than 800 Square Feet, On Lots With A Single-Family Dwelling. The following development standards apply to accessory dwelling units, with no more than 800 square feet of livable space, that are new construction and detached from a single-unit dwelling: [Source: 9.114]
1. Setbacks. A minimum side and rear setback of four feet. [Source: 9.114]
2. Building Height. Detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows: [Source: 9.114] a. A detached accessory dwelling unit may be up to 16 feet high if the primary dwelling is less than 16 feet high. [Source: 9.114]
b. A detached accessory dwelling unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 2115, may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. [Source: 9.114]
I. Detached Accessory Dwelling Units, Larger Than 800 Square Feet, On Lots With A Single-Family Dwelling. The following development standards apply to accessory dwelling units that are newly constructed, have more than 800 square feet of livable space, and are detached from a single-unit dwelling: [Source: 9.114]
1. Unit Size. The maximum total floor area shall not exceed 850 square feet of livable space for a studio or one-bedroom unit and one thousand square feet of livable space for a unit with more than one bedroom. No more than two bedrooms are allowed. [Source: 9.114]
2. Setbacks. [Source: 9.114]
a. Front. The minimum front setback shall be as established in the underlying zoning district.
b. Side. A minimum setback of four feet.
c. Rear. A minimum setback of four feet.
d. The ADU must be five feet away from the main residence and five feet from other structures on the property.
3. Building Height. Detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows: [Source: 9.114] a. A detached accessory dwelling unit may be up to 16 feet high if the primary dwelling is less than 16 feet high.
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b. A detached accessory dwelling unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 2115, may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
4. Location. A detached accessory dwelling unit with more than 800 square feet of livable space shall be located to the rear or side of any primary dwelling unit. [Source: 9.114]
5. Lot Coverage. A detached accessory dwelling unit with more than 800 square feet of livable space shall conform to the lot coverage requirements of the underlying zoning district in which the accessory dwelling unit is located. [Source: 9.114]
6. Landscape. For a detached accessory dwelling unit with more than 800 square feet of livable space and involving new construction, landscaping shall be installed that is consistent with the existing or proposed landscaping surrounding the primary residence, and such landscaping shall be consistent with the requirements of Chapter
8.57 for water efficiency. [Source: 9.114]
7. Architectural Review. The accessory dwelling unit shall match the design of the primary dwelling unit, including building materials, color and roofing material. [Source:
9.114]
8. Parking.
a. One new parking space per accessory dwelling unit shall be required, except as provided in subparagraph (b) below. Off-street parking shall be permitted in setback areas or through tandem parking in designated parking areas, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. [Source: 9.114]
b. No additional parking shall be required for any accessory dwelling unit in the following instances: [Source: 9.114]
i. The unit is within one-half mile walking distance of public transit. A map shall be provided confirming the distance.
ii. The unit is located within an architecturally and historically significant historic district.
iii. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
iv. When there is a car share vehicle located within one block of the accessory dwelling unit.
v. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-unit dwelling or a new multi-unit dwelling on the same lot, provided that the accessory Chapter 9.115 Standards for Specific Land Uses
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dwelling unit or the parcel satisfies any other criteria listed in this Section.
J. Conversion Accessory Dwelling Units On Lots With Multiple-Unit Dwellings. The following development standards apply to accessory dwelling units constructed within portions of an existing multiple-unit dwelling that are not used as livable space: [Source: 9.114]
1. Access. The accessory dwelling unit shall have an independent exterior access/entrance, apart from that of the primary dwelling. [Source: 9.114]
2. Conversion and Expansion. For accessory dwelling units that will be created within the existing space of a multiple-unit dwelling, no expansion of the physical dimensions of the existing structure is permitted, except that an expansion of up to 150 square feet may be included solely for the purpose of accommodating ingress and egress. [Source:
9.114]
K. Detached Accessory Dwelling Units On Lots With Multiple-Unit Dwellings. The following development standards apply to accessory dwelling units that are detached from an existing or proposed multiple-unit dwelling: [Source: 9.114]
1. Setbacks. A minimum side and rear setback of four feet. [Source: 9.114]
2. Building Height. Detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows: [Source: 9.114] a. A detached accessory dwelling unit may be up to 16 feet high if the primary dwelling is less than 16 feet high.
b. A detached accessory dwelling unit on a lot with an existing or proposed multiunit, multi-story dwelling, may be up to 18 feet high. c. A detached accessory dwelling unit on a lot within one-half mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 2115, may be up to 18 feet high. An additional two feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
9.115.040 Alcoholic Beverage Manufacturing
A. Purpose and Intent. The Section establishes development and operational standards to allow for alcoholic beverage manufacturing that is compatible with surrounding uses. [Source: NEW] B. Development and Operational Standards.
1. Parking. Off-street parking for an alcoholic beverage manufacturing establishment, as well as any associated tasting room, shall be provided in compliance with Chapter 9.70 (Parking, Loading, and Access). [Source: NEW]
2. Permit and License Requirements. Alcoholic beverage manufacturing establishments, as well as any associated tasting rooms, if provided, shall obtain any applicable permits and licenses from City, County, and State agencies that govern the Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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use, including, but not limited to, applicable State Department of Alcoholic Beverage Control licenses. [Source: NEW]
9.115.050 Antennas
A. Noncommercial Antennas. Noncommercial antennas shall comply with the following standards: [Source: 9.96.100]
1. Ground-mounted satellite antennas shall not exceed a height of 15 feet.
2. Radio antennas and other similar antennas shall not exceed an overall height of 50 feet in residential zoning districts and 60 feet in commercial and industrial zoning districts.
3. All utilities servicing antennas shall be placed underground wherever appropriate.
4. The Planning Department may approve a deviation from the standards within this Section pertaining to height, location, and undergrounding utilities where the Planning Department finds that locating the antenna in conformance with the specifications of this Section would obstruct the antenna's reasonable reception or otherwise excessively interfere with reception, and such obstruction or interference involves factors beyond the applicant's control, or the cost of meeting the specifications of this Section is excessive, given the cost of the proposed antenna. The Planning Department shall exercise the discretion granted hereby to ensure compliance with 51 Fed. Reg. 5519; 47 C.F.R. 25.104.
9.115.060 Bed and Breakfast Inn
A. Purpose and Intent. The Section establishes development and operational standards to allow for bed and breakfast inns which are incidental to and compatible with surrounding uses. [Source: NEW]
B. Exterior Appearance. The exterior appearance of the structure housing the bed and breakfast inn (B&B) in a residential zone shall not be altered from its original residential character, except for allowed signs and any structural modifications necessary to comply with Title 24 of the California Code of Regulations. [Source: NEW]
C. Limitations on Guest Rooms. The B&B shall be limited to four guest rooms. [Source: NEW] D. Food Service. The B&B shall provide onsite food service for guests of the establishment only.
No food service shall be provided to non-guests. [Source: NEW] E. Limitation on Services Provided.
1. Allowed Services. Services provided by the B&B shall be limited to the rental of bedrooms or suites and meal/beverage service provided to registered guests only. [Source: NEW]
2. Prohibited Services. Separate/additional kitchens for guests are prohibited. A B&B within a residential zoning district shall not be used for receptions, private parties, or similar activities. [Source: NEW]
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F. Off-Street Parking. Parking facilities shall comply with the hospitality parking standards established in Chapter 9.70 (Parking, Loading, and Access). [Source: NEW] G. On-Site Management. The property owner shall reside on property as their primary residence and shall be present on site during all guest stays. [Source: NEW] H. Signs. Signs shall comply with the sign standards established in Chapter 9.105 (Signs). [Source: NEW]
9.115.070 Car Wash
A. Purpose and Intent. This Section regulates car washes to mitigate potential security, traffic, noise, public health, and safety impacts on nearby land uses. [Source: 9.96.140, modified] B. Development and Operational Standards. Car washes shall comply with the following standards: [Source: 9.96.140, modified]
1. Car Wash Standards.
a. Tunnels shall be designed so that dryers are located at least 10 feet from exits. [Source: NEW]
b. Car wash tunnel exits shall be designed with solid screening features extending from the ceiling and walls of the car wash tunnel so that dryers are blocked from view when standing directly in front of the exit. [Source: NEW] c. 50 percent of the wall and ceiling area adjacent to the dryers, and a minimum of 10 feet on each side of the dryers, shall be treated with sound absorbing materials with a minimum Noise Reduction Coefficient (NRC) of 1.0. [Source:
NEW]
d. Central vacuum systems shall be used so that multiple vacuum stalls are supported by a single vacuum motor. [Source: NEW]
e. Vacuum motors and other associated mechanical equipment shall be located within a fully enclosed and roofed building. [Source: NEW] f. Washing, prepping, loading, and detailing is prohibited in on-site driveways, landscaped areas, and sidewalks. [Source: NEW]
2. Lighting and Security.
a. Site area lighting and security lighting shall be provided in compliance with Chapter 9.95 (Outdoor Lighting). All outdoor lighting shall be shielded to prevent glare to adjacent parcels;
b. Entrance and exit areas for car washes shall be closed and secured outside of hours of operation to prevent unauthorized access. [Source: NEW]
3. Screening.
a. Queuing areas, vacuum systems, wash stalls, and other car washing equipment visible from public rights-of-way shall be screened from view with decorative fencing and/or walls consistent with Chapter 9.85 (Screening). [Source: NEW]
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b. A solid wall, a minimum of six feet in height and eight inches in thickness, shall be constructed on each property line that is adjoining a residential or residential mixed-use zoned parcel or use. [Source: NEW]
4. Noise.
a. Noise attenuation devices shall be installed on the interior walls of the car wash facility, along the property boundary wall, and/or in other locations as appropriate to reduce the projection of any excessive noises from equipment beyond the parcel boundary.
b. A noise analysis shall be provided to demonstrate that noise levels measured at the boundary of the site shall not exceed the policies of the Noise Element of the General Plan. Before occupancy, noise measurements shall be performed with all carwash functions in an operational mode to demonstrate compliance with applicable noise standards.
5. Hours of Operation. Hours of operation shall be limited to between 8:00 a.m. and 8:00 p.m. [Source: NEW]
6. Parking and Queuing Areas. All parking, queuing, vehicle preparation and detailing areas shall be clearly delineated on the site, as indicated by the approved site plan. ;
7. Water Recycling/Grease Trap Facilities. Water recycling/grease trap facilities shall be installed and maintained as approved by the Engineering Department and the water/sewer serving agency;
8. Incidental Uses. Incidental uses may be allowed as permitted by the underlying zoning district and/or if determined compatible by the Planning Commission, provided that vehicular access and circulation, parking, structure placement, and landscaping meet minimum standards for such uses.
a. Exception. No vehicle repair uses shall occur on a parcel with a car wash facility.
9. Maintenance. The site shall remain free of debris at all times. Permanent trash receptacles shall be installed/maintained. [Source: NEW]
10. Other Conditions. The Planning Commission may require additional conditions necessary to ensure compliance with the provisions of this Section and other sections of this Code. [Source: NEW]
9.115.080 Dwelling, Live-Work Unit
A. Purpose and Intent. This Section establishes standards for the development of live-work dwelling units and operational standards for the business conducted therein. [Source; NEW] B. Development and Operational Standards.
1. The minimum square footage of a live-work dwelling unit shall be 1,250 square feet.
2. All living space within the live-work dwelling unit shall be contiguous with, and an integral part of, the working space, with direct access between the two areas.
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3. At least one of the employees of the live-work dwelling unit shall reside in the unit. The residential area shall not be rented separately from the working space. The business activity occupying the live-work dwelling unit may have employees in addition to residents, as necessary.
4. Access to individual units shall be from common access areas, corridors or hallways.
5. Complete kitchen space and sanitary facilities shall be provided in compliance with all applicable codes.
6. The workspace shall not occupy more than 40 percent of the dwelling unit.
7. All work activities and workspace shall be limited to the first floor.
8. Retail space may be integrated with working space.
9. A Business License shall be obtained in compliance with the Municipal Code for business activities conducted within the live-work dwelling unit.
9.115.090 Eating and Drinking Establishment, Bar
A. Purpose and Intent. The purpose of this Section is to allow for bars in appropriate areas of the city that are compatible with adjacent uses and address potential noise and odor impacts resulting from the use. [Source: NEW]
B. Permit and License Requirements. Bars shall obtain any applicable permits and licenses from City, County, and State agencies that govern eating and drinking establishments, including, but not limited to, applicable State Department of Alcoholic Beverage Control licenses. [Source: NEW]
C. Development and Operational Requirements.
1. Noise.
a. Indoor. Bars that provide indoor entertainment or amplified music shall not exceed 75 dBA, as measured from the parcel boundary. [Source: NEW] b. Outdoor. Bars that provide outdoor entertainment or amplified music shall not exceed 55 dBA, as measured from the parcel boundary. [Source: NEW]
2. Hours of Operation Adjacent to Residential Uses and Zoned Parcels. Bars may only be open for operation between the hours of 8:00 a.m. and 2:00 a.m., daily.
3. Impacts to Surrounding Uses. Bars shall not be allowed within 500 feet of a residentially-zoned parcel or a parcel with an active, current residential use; or 500 feet of a school, park, or playground.
4. Outdoor Seating Area. Outdoor seating areas adjacent to residential uses (excluding mixed-use) shall be fully and permanently screened on all sides at a minimum of six feet in height. All outdoor lighting shall be shielded in compliance with Chapter 9.95 (Outdoor Lighting). [Source: NEW]
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9.115.100 Emergency Shelters
A. Purpose and Intent. This Section allows and regulates emergency shelters to alleviate the lack of available shelter for persons experiencing homelessness, including groups at risk, such as youth under the age of 18, families, seniors, and other at-risk groups. [Source: NEW] B. Operational Requirements for Emergency Shelters. Emergency shelters shall comply with the following operational requirements: [Source: 9.56.060, modified; NEW]
1. Hours of Operation. An operational emergency shelter shall remain open 24 hours a day, seven days a week. [Source: NEW]
2. On-Site Management. At least one on-site manager shall be on-site 24 hours a day, seven days a week. Additional staffing shall be provided at a ratio of one staff member per every 20 beds. [Source: 9.56.060, modified]
3. Length of Stay. No individual shall be allowed to stay more than 180 consecutive days in a twelve-month period of time. [Source: 9.56.060, modified]
4. Management Plan. Before the issuance of the certificate of occupancy of an emergency homeless shelter, there shall be a written management plan provided to the City by the operator of the facility that addresses, at minimum, of the following:
[Source: 9.56.060, modified]
a. The provision of on-site management 24 hours a day and seven days per week to oversee the facility,
b. On-going maintenance of structures and landscaping,
c. Descriptions of any supportive services provided on-site, d. Implementation of a security plan,
e. On-going enforcement of written rules of conduct for clients, including the prohibition of alcohol and illegal drugs,
f. Plan for handling complaints from neighboring properties, and g. Availability of the operator to meet with City officials to resolve complaints C. Development Standards for Emergency Shelters. Emergency shelters shall comply with the following development standards: [Source: 9.56.060; NEW]
1. Number of Beds. An individual emergency shelter shall have no more than 60 beds. [Source: NEW]
2. Lighting. All exterior lighting associated with an emergency shelter shall be located, adequately shielded, and directed so that no direct light falls outside the property perimeter or into the public right-of-way, in compliance with Section 9.95 (Outdoor Lighting). [Source: 18.88.060.E, modified]
3. Proximity to Other Emergency Shelters. No emergency shelter may be located within 300 feet of another emergency shelter. [Source: NEW] Chapter 9.115 Standards for Specific Land Uses
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9.115.110 Home Occupations
A. Purpose and Intent. This Section establishes standards to allow for the conduct of home enterprises which are incidental to and compatible with surrounding residential uses. [Source:
9.70.010, modified]
B. Permits Required. The following permits are required to conduct a home occupation:
1. Home Occupation Permit. All persons operating a home occupation shall apply for a Home Occupation Permit with the Planning Department. The Planning Department may issue a Home Occupation Permit upon determining that the proposed home occupation meets all the requirements of this Section. [Source: 9.70.050, modified]
2. Business License. All persons operating a home occupation in the City shall first procure a Business License and comply with all applicable provisions. [Source:
9.70.040, modified]
C. Prohibited Uses. The following uses are prohibited as a home occupation: [Source: 9.70.030, modified]
1. Vehicle service or repair;
2. Machinery, equipment, or appliance repair;
3. Medical offices and laboratories; and
4. Storage for fee.
D. Operational Requirements. Home Occupations shall comply with the following operational requirements: [Source: 9.70.070, modified; Conditions of Approval for Home Occupations, modified; NEW]
1. Employees. In addition to any residents of the dwelling, one additional employee who does not reside in the dwelling may be employed in the operation of the home occupation.
2. Allowed Area of Operations. The home occupation shall be conducted entirely within an enclosed area. The home occupation shall not occupy more than 25 percent of the total area of the entire structure.
3. Hours of Operation. Home occupations may allow customers only between the hours of 8:00 A.M. and 6:00 P.M.
4. Allowed Customers. A maximum of one non-resident customer is allowed per hour of operation, excluding a customer in any provided waiting area. Home occupations may provide a waiting area for a maximum of one additional customer.
5. Storage of Materials. Materials associated with the home occupation shall only be stored within a structure, including an outdoor shed, in compliance with the following:
a. There shall be no more than five pounds, five gallons, or 50 cubic feet supply of hazardous materials stored on the premises at any given time (i.e., pool chlorine, paint thinner, etc.)
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b. Not more than 100 cubic feet of merchandise, materials, or equipment may be stored on-site.
c. Outdoor storage of machinery, supplies, materials, or merchandise is prohibited, with the exception of vehicle use in compliance with Subsection 6 below.
6. Vehicle Use.
a. The use of vehicles for the operation of the home occupation shall be limited to one vehicle having a manufacturer's gross vehicle weight, in compliance with State Vehicle Code, Section 12804.9, rating of less than 10,000 lbs. For the purpose of this Section, a vehicle used for a home occupation is any vehicle, trailer, or equipment that is used in the operation of the home occupation and meets one or more of the following criteria:
i. A vehicle that transports supplies or people that are involved with the home occupation,
ii. A vehicle that has a commercial license,
iii. A vehicle that has the company name or other commercial identification on the vehicle, and/or
iv. A vehicle that is used for carrying equipment or supplies involved with the home occupation.
7. Signs. There shall be no signs or other devices identifying or advertising the home occupation.
8. Structure Appearance. The appearance of the structure or parcel shall not be altered and the home occupation shall not be conducted in a manner where the parcel or structure may be reasonably recognized as serving a nonresidential use (either by materials, construction, lighting, etc.).
9. Impacts. The home occupation shall not generate noise levels, vibrations, or pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located.
10. Multiple Home Occupations. More than one home occupation is allowed, provided the applicant(s) comply with all noted operational requirements.
9.115.120 Mixed-Use Developments
A. Purpose and Intent. This Section establishes standards for mixed-use developments within the MU-N Zoning District unless otherwise specified. [Source; NEW] B. Development and Operational Standards.
1. The minimum living area for residential units in a vertically mixed-use project shall be 575 square feet for a studio unit, with 200 square feet for each additional bedroom.
2. A maximum of 30 percent of the residential units may be one-bedroom or smaller.
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3. A maximum of 40 percent of the residential units may be one-bedroom or smaller in the MU-U Zoning District.
4. The entrances to residential uses shall be separate and distinct from commercial uses.
These entrances shall be secured.
5. Residential parking shall be secured and separated from public parking.
6. Residential units shall have adequate sound insulation for the comfort of occupants.
7. Mixed-use developments shall be designed so that odors emanating from businesses do not affect residential occupants.
8. Commercial loading facilities shall be located to minimize noise impacts and maintain unobstructed access to residential areas, including residential parking facilities. a. A minimum of 100 square feet of common open space shall be provided per dwelling unit. Common open space may be divided into more than one area; however, each area shall be a minimum of 1,000 square feet and a rectangle inscribed within each shall have no dimension less than 25 feet. Common open space may be provided in the form of roof-top garden/patio areas. b. All vertical mixed-use developments shall provide common bicycle storage areas for the residents as follows: two bicycle storage units for every five dwelling units for the first 20 dwelling units, and one bicycle storage unit for every five additional dwelling units.
9.115.130 Mobilehome Parks
A. Purpose and Intent. This Section establishes standards for mobile home parks in compliance with the Mobilehome Parks Act and other applicable requirements in this Code. [Source; NEW] B. Development Standards.
1. Mobile Home Parks. Mobile home parks shall comply with State standards for mobile homes (California Code of Regulations, Title 25, Chapter 2) in addition to the standards established in this Section. [Source: 9.64.020, modified; 9.64.040] a. Setbacks. Perimeter setback requirements are as follows: [Source: 9.64.020, modified]
i. Minimum Front Perimeter Setback. 15 feet,
ii. Minimum Side and Rear Perimeter Setback. Five feet,. iii. Minimum Residential Buffer. All mobile home parks shall provide a 10 foot setback along parcel lines adjacent to the R1 zoning district. b. Walls and Fences. Each mobile home park shall be entirely enclosed along the perimeter of the park by a six-foot screen wall or fencing consisting of solid masonry or other appropriate decorative screening. This screen may be reduced to three feet in height when constructed along the street frontage and at any entrance to the park consistent with the sight distance triangle standards in Division 3. [Source: 9.64.020, modified]
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c. Landscaping. All areas not occupied by manufactured or mobile homes, accessory structures, or paving shall be landscaped and maintained consistently with the requirements of Chapter 9.55 (Landscaping). [Source:
9.64.040, modified]
d. Community Recreational and Open Space. A minimum of 150 square feet of area per mobile home space shall be provided for a combination of both indoor and outdoor community recreation and open space facilities. [Source:
9.64.040, modified]
i. Outdoor community recreational and open space facilities shall be consolidated into a minimum area of 2,000 square feet, with minimum dimensions of 25 feet per side. Examples of outdoor community recreational facilities could include, but are not limited to, recreational courts, outdoor park space, outdoor patio areas, community garden, swimming pool, outdoor fitness park, child-friendly play equipment, dog park, and other similar uses.
ii. Indoor community facilities shall be consolidated into a minimum area of 2,500 square feet. Examples of indoor community recreational facilities could include, but are not limited to, community room and kitchen, community events space, indoor fitness center, studios for fitness classes, and other similar uses.
e. Access. Access driveways shall be constructed to comply with street standards as established in Division 5 (Subdivision Regulations). [Source:
9.64.020, modified]
f. Park Storage Areas. Service vehicles, equipment, supplies, and maintenance materials used for maintenance of a manufactured and mobilehome park shall be stored in enclosed or fenced areas. [Source:
9.64.040, modified]
g. Parking Requirements. Mobile home parks shall provide the required parking spaces established in Chapter 9.70 (Parking, Loading, And Access).
9.115.140 Recreational Vehicle (RV) Parks
A. Purpose and Intent. The purpose of this Section is to establish development and operational standards for recreational vehicle (RV) parks that provide seasonal and short-term accommodations while ensuring compatibility with surrounding land uses, protecting public health and safety, and preventing the establishment of permanent residential occupancy.
These standards are intended to support recreational and tourism-oriented uses while maintaining high-quality site design, internal circulation, landscaping, and onsite amenities.
Furthermore, these provisions provide for the continuance of existing travel trailer parks and recreational vehicle parks not in compliance with this Code. [Source: 9.84.010, modified] Chapter 9.115 Standards for Specific Land Uses
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B. Applicability. The following standards shall apply to all recreational vehicle parks, recreational camping parks, and similar facilities intended for temporary occupancy by recreational vehicles, travel trailers, motorhomes, camper vans, and fifth-wheel trailers. [Source: NEW] C. Permit Required. Recreational vehicle parks shall require approval of a Conditional Use Permit (Chapter 9.225) prior to establishment or expansion. [Source: NEW] D. Density and Occupancy Standards. [Source: NEW]
1. Maximum Density.
a. Recreational vehicle parks shall not exceed a maximum density of 15 recreational vehicle spaces per gross acre.
b. Density calculations shall include all recreational vehicle spaces within the park, excluding public road dedications.
2. Seasonal Long-Term Stay Requirements.
a. A minimum of 60 percent of all recreational vehicle spaces within the park shall be designated for seasonal long-term recreational occupancy. b. Seasonal tong-term spaces shall:
i. Allow for occupancy periods exceeding 30 consecutive days; ii. Not exceed a maximum stay of seven consecutive months within any 12-month period; and
iii. Not be occupied as a primary or permanent residence. c. Seasonal long-term occupancy records shall be maintained by the park operator and made available to the City upon request.
3. Short-Term Camping Limitations.
a. No more than 30 percent of the total recreational vehicle spaces within the park may be designated for short-term recreational camping accommodations. b. Short-term camping spaces shall:
i. Be limited to a maximum stay of 30 consecutive days; ii. Be intended solely for transient recreational occupancy; and iii. Not be converted to seasonal or permanent occupancy without approval by the City.
4. Prohibition on Permanent Residency.
a. No recreational vehicle, travel trailer, or similar unit shall be occupied as a person’s primary residence.
b. One onsite manager or caretaker dwelling unit may be permitted for operational oversight of the facility, provided they are not housed in a recreational vehicle or park trailer.
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5. Prohibition on Short-Term Rental Use.
a. Recreational vehicles and recreational vehicle spaces within the park shall not be used as short-term rental accommodations offered through online lodging platforms or similar transient rental services.
b. The park operator shall be responsible for ensuring compliance with this requirement.
E. Allowed Accessory Structures and Uses. [Source: 9.84.030, modified]
1. The following accessory structures and uses may be permitted onsite and shall be located at least 100 feet from any property line of the recreational vehicle park, and serving only park guests:
a. Clubhouses or community buildings;
b. Community kitchen or gathering pavilions;
c. Recreation buildings;
d. Recreation areas including but not limited to swimming pools, putting greens, playgrounds, recreation courts, and tot lots;
e. Delicatessen, snack bar and food store;
f. Laundry facilities, provided there is no dry-cleaning equipment or outdoor laundry drying;
g. Dog parks;
h. Restroom and shower facilities;
i. Wi-fi or business centers;
j. Maintenance buildings;
k. Covered picnic shelters;
l. Office space that is utilized solely for park operations, including, but not limited to, use for the sales and/or rentals of lots within a recreational vehicle park. m. Storage buildings; and
n. Manager office or caretaker unit (See Subsection 3 below).
2. Similar Accessory Uses. The Planning Commission may, by the Conditional Use Permit (Chapter 9.225) approval, permit any other accessory uses which it may determine to be similar to those listed above, operated exclusively for the convenience of recreational vehicle park residents, and not more obnoxious or detrimental to the public health, safety and welfare, or to other uses allowed in the park, as provided in this code. All uses shall be subject to the property development standards contained in this Section.
3. Onsite Manager and Caretaker Unit.
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a. Mobile Homes. Not more than one mobile home lot for every 200 RV spaces may be placed in a recreational vehicle park. The mobile home is to be occupied only by the owner, the manager, or employee in the operation of the park. [Source: 9.84.060]
b. One single-unit dwelling for the onsite manager or caretaker of a recreational vehicle park. The yard requirements for this single-unit dwelling in this zoning district shall be equivalent to the R4.5 residential zoning district.
The minimum site area requirement for this dwelling unit shall be 6,000 square feet. The dwelling unit may include office space for use in connection with the park operation. [Source: 9.84.060]
F. Prohibited Onsite Uses. [Source: 9.84.050]
1. Tent Camping. Tent camping and other similar temporary camping uses are prohibited. [Source: NEW]
2. Nonresidential Uses. Except as otherwise expressly provided in this Section, no part of the recreational vehicle park shall be used in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or similar purpose or any other purpose unrelated to a recreational vehicle park.
3. Home Occupations. Not allowed within any recreational vehicle, park trailer or residence within a recreational vehicle park.
4. Individual Common Shower, Bath, and Locker Room Facilities. Prohibited on recreational vehicle lot as separate structure. [Source: 9.84.060]
5. Sale of Propane. The on-site sale of propane is prohibited, except from a mobile commercially-licensed vendor.
G. Accessory Structures. [Source: 9.84.060, modified]
1. General. The following structures and their uses are allowed in all recreational vehicle parks per occupancy type and recreational vehicle space designation
2. Seasonal Long-Term Stay Lots.
a. Storage structures, provided that:
i. The storage structure does not exceed dimensions of 10 feet in width, nine feet in depth and seven feet in height.
ii. The storage structures within a given park are similar in design, style, quality and structure materials to other structures or approved theme designs in the park.
iii. The storage structures are located within the rear half of the lot. iv. There is a maximum of one storage structure per recreational vehicle lot.
b. Patio covers provided that:
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i. The patio cover is self-supporting and not permanently attached to a recreational vehicle. However, patio covers may be attached to park trailers.
ii. Patio covers shall not exceed an area of 540 square feet. iii. Vehicle parking is allowed under the patio cover.
c. Decking no higher than the height of the threshold of the doorway to the recreational vehicle.
H. Prohibited Accessory Structures. The following structures are prohibited within all recreational vehicle lots: [Source: 9.84.070]
1. Any enclosed habitable structures, except as otherwise specifically allowed in this Section.
2. Garages and carports, except carports built as part of a patio cover where specifically allowed in this Section.
I. Development Standards.
1. Minimum Site Area. Each recreational vehicle park shall have a minimum of ten acres measured from the property lines of the park. [Source: 9.84.100]
2. Minimum Lot Dimensions. [Source: 9.84.100, modified] a. Seasonal Long-Term Stay Lots. Minimum area of recreational vehicle lot shall be 2,000 square feet.
b. Short-Term Camping Lots. Minimum area of recreational vehicle lot shall be 1,800 square feet.
3. Minimum Lot Development Standards.
a. A paved or stabilized parking pad. Unpaved surfaces are prohibited; and b. At least one vehicle parking space.
4. Existing Recreational Vehicle Parks. In formally classified ownership/membership parks existing at the time of the adoption of these regulations, no park trailers shall be placed on a recreational vehicle lot less than 1,500 square feet in area.
5. Frontage of Parks and Lots. [Source: 9.84.110, modified] a. Park Frontage. Each recreational vehicle park shall have a minimum frontage on a public street of 300 feet.
b. Seasonal Long-Term Stay Lots. The frontage of a recreational vehicle lot shall be a minimum of 30 feet on a roadway.
c. Short-Term Camping Lots. The frontage of a recreational vehicle lot shall be a minimum of 20 feet on a roadway.
6. Setbacks. [Source: 9.84.120]
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a. Minimum Setbacks of the Park. Setbacks in which no recreational vehicle lot or accessory structures except for fences are to be located:
i. Front setback: 25 feet.
ii. Interior setback: 10 feet.
b. Setbacks. The body of any recreational vehicle, park trailer or structure, except seat walls, may not be placed within three feet of a roadway, rear lot line or one of the side lot lines. However, storage structures may be placed on cement pads that were in existence before the effective date of October 16, 1987, regardless of setback. Setbacks are not required where the lot line is adjacent to a common open area that is at least ten feet in width at that point. c. Separations. The minimum distance between the body of any recreational vehicle, including slide outs, or park trailer and any other recreational vehicle, including slide outs, or park trailer shall be 10 feet.
7. Landscaping. [Source: 9.84.130]
a. Park Yards. All required yards within a recreational vehicle park shall be fully landscaped and irrigated. No required parking or vehicular maneuvering areas shall be allowed in required yards, except entry roads crossing through said yards.
b. Common Areas. All common open areas, except for natural areas, shall be landscaped and irrigated whenever possible.
c. Landscape Materials. Drought tolerant landscaping shall be utilized whenever possible to minimize water usage. Turf may be utilized with a desert plant palette for variety, however; six-inch concrete mow strips shall separate turf from desert landscaping in any common area.
d. Patio Area. Each recreational vehicle lot shall contain at least 100 square feet of outdoor patio area.
e. Tree Requirements. One shade tree per recreational vehicle lot shall be required.
8. Common Recreation Area. Common recreation area shall be required for all recreational vehicle parks totaling 200 square feet per recreational vehicle lot. The recreation area may contain social halls, swimming pools, game courts, open areas, and/or other similar recreational facilities or uses. Open areas may be either designed for active or passive recreation, provided that the slope of the land does not exceed a gradient of 10 percent. Grades above 10 percent shall be common area, but not counted as recreation area. [Source: 9.84.140, modified]
9. Perimeter Screening. A perimeter screen of landscaping material that shall grow to at least six feet in height shall be maintained around the perimeter of any recreational vehicle park and a decorative block wall of at least six feet in height shall be provided.
Planting screens or walls shall not exceed three feet in height for a distance of 20 feet on either side of the primary entrance of the park for the safety of vehicles entering and Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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leaving the premises. Requirements of this Section may by modified by the Planning Commission if a project presents specific circumstances that would prohibit compliance with this regulation. [Source: 9.84.150, modified]
10. Lighting. [Source: 9.84.160]
a. Lighting shall be indirect, hooded and positioned so as to reflect onto the roadway and away from the recreational vehicle lot and adjoining property. b. Lighting standards shall not exceed 10 feet in height. The height of all light standards shall be measured from the elevation of the adjoining pavement of the roadway. Lighting standards in recreational areas may be higher than 10 feet if specifically approved by the Planning Commission. c. Exterior lighting shall be consistent with Chapter 9.95 (Outdoor Lighting).
11. Improvements of Lots and Coverage. All recreational vehicle lots shall contain paved areas for vehicle parking, outdoor patio and for the parking of the recreational vehicle, provided that no more than 75 percent of each lot is covered with hard surface material. Hard surface material shall include concrete cement, brick, pavers, gravel, or any other material that is nonpermeable. This coverage requirement does not apply to landscape areas and/or materials such as decomposed granite, decorative rock or loose pavers. Asphalt is not permissible on individual lots. [Source: 9.84.170]
12. Access and Circulation. [Source: 9.84.190]
a. Entry Roads. The entry roads shall be at least 100 feet in length from the property line and shall have no access to recreational vehicle lots or roadways.
Access from an entry road to an interior roadway may occur after the first 100 feet of required access road.
b. Lot Access. Each recreational vehicle lot shall front on a roadway. No recreational vehicle lot shall take access from a public street, alley or entry road. Upon development, each recreational vehicle lot shall be designed at an angle from the roadway in order to provide recreational vehicle parking access to the lot.
c. Entry Roadway Width and Specifications. All entry roadways shall be designed and constructed in conformance with all applicable codes and regulations, including, but not limited to, the Uniform Building Code and the Uniform Fire Code.
d. Internal Roadways.
i. Internal private roadways shall provide:
(1) A minimum unobstructed width of 24 feet for two-way traffic; and
(2) A minimum width of 16 feet for approved one-way roadways.
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ii. Internal roadways shall be surfaced with asphalt, concrete, or equivalent all-weather paving material.
iii. Dead-end roadways exceeding 150 feet in length shall provide approved emergency vehicle turnaround facilities.
13. Outdoor Storage. [Source: 9.84.210]
a. No construction or flammable material shall be stored within a recreational vehicle lot, road or common areas except in special storage areas. b. Central/common and special storage areas shall be screened by an opaque living hedge or masonry wall not less than five feet in height and shall be clearly designated on the approved plans.
14. Trash Removal. A trash removal plan for the recreational vehicle park shall be submitted at the time of application. This plan shall include the type of trash collection facilities; location, size, and number of trash receptacles; and frequency of removal.
Trash collection areas shall be fully screened and inaccessible to animals. [Source:
9.84.220]
15. Utilities. [Source: 9.84.240]
a. Electrical Service. Only one power supply connection shall be made to a recreational vehicle. Electric power supply equipment shall be located on the rear half of the recreational vehicle lot.
b. Water Service. Each lot shall be served by a domestic water supply system. c. Sewer Service. Recreational vehicle parks shall be connected to sanitary sewer facilities. Each lot shall be serviced by the system and shall provide a connection point to the system that is designed to prevent spillage from contaminating the ground area.
16. Movement of Recreational Vehicles. [Source: 9.84.250] a. Wheels and/or similar devices shall not be removed from recreational vehicles or park trailers, nor shall any fixture be added or barrier be placed which shall prevent the recreational vehicle or park trailer from being moved under its own power or by a passenger vehicle. However, the "tongue" of a park trailer may be removed and fixtures may be placed around the foundation for aesthetic purposes.
b. Skirting is allowed provided it can easily be removed and there are proper openings for ventilation.
J. Operational Standards.
1. Management Requirements.
a. Recreational vehicle parks shall maintain onsite management or a designated local contact available at all times. The operator shall maintain records documenting:
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i. Occupancy duration;
ii. RV space assignments; and
iii. Compliance with stay limitations.
b. Operations Management Plan. As part of the Conditional Use Permit (Chapter 9.225) approval process, the operator/applicant shall provide an operational management plan addressing the following items at a minimum:
i. Occupancy tracking procedures;
ii. Stay limitation enforcement;
iii. Noise management;
iv. Security measures;
v. Maintenance responsibilities; and
vi. Compliance with prohibitions on permanent residency and short-term rental use.
2. Noise.
a. Quiet hours shall be established between 10:00 p.m. and 7:00 a.m. b. Excessive noise, outdoor amplified music, generators, or nuisance activities that disturb adjacent properties shall be prohibited.
9.115.150 Retail Sales, Grocery Store Small/Neighborhood Market A. Purpose and Intent. The purpose of this Section is to allow for small grocery stores and neighborhood markets that are compatible with adjacent residential uses and support neighborhood walkability while addressing potential light, noise, and other impacts from new neighborhood markets. [Source: NEW]
B. Standards for all Small Grocery Stores and Neighborhood Markets. All small grocery stores and neighborhood markets in any zone shall comply with the following development and operational standards: [Source: NEW]
1. Hours of Operation. Small grocery stores and neighborhood markets may only be open for operation between the hours of 7:00 a.m. and 9:00 p.m., daily.
2. Retail Floor Area.
a. Grocery Staples. All small grocery stores and neighborhood markets shall dedicate a minimum of 30 percent of floor area to the sale of:
i. Staple groceries, such as dairy products, grains, canned goods, oils, baking ingredients, and perishable ingredients, and/or
ii. Produce, such as fresh or frozen fruits and vegetables.
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b. Alcohol and Tobacco. No more than 30 percent of retail floor area shall be dedicated to the sale of alcohol and/or tobacco products and paraphernalia.
3. Maximum Food Preparation and On-Site Dining Area. Any food preparation and/or on-site dining areas shall not exceed 25 percent of the total floor area.
4. Outdoor Seating. If provided, outdoor seating shall be located directly adjacent to the structure and shall not exceed 300 square feet in area.
5. Fenestration. Windows shall cover a minimum of 40 percent of facades fronting a public roadway.
6. Parking. Off-street parking shall be provided in compliance with Chapter 9.70 (Parking, Loading, and Access).
7. Trash and Recycling. Trash and recycling receptacles shall be provided near the front door, outside of any public right-of-way.
8. Security and Crime Prevention. Small grocery stores and neighborhood markets shall have drop safes, closed circuit television (CCTV) or an equivalent security system with retrievable electronic data kept in operation and maintained, and signage that discloses no more than $100.00 is kept on the premises after 9:00 p.m.
9. Drive-in and drive-through facilities are prohibited in conjunction with small grocery stores and neighborhood markets.
C. Standards for Small Grocery Stores and Neighborhood Markets in the R1 Zone. All small grocery stores and neighborhood markets located in the R1 zone shall comply with the following development and operational standards in addition to the standards in Subsection B above: [Source: NEW]
1. Site Standards.
a. Location. Small grocery stores and neighborhood markets shall be located on a corner parcel. [Source: NEW]
b. Sidewalk. Sidewalks shall be provided along all street frontages. [Source:
NEW]
2. Development Standards.
a. Minimum Street Frontage. Small grocery stores and neighborhood markets shall measure a minimum of 30 feet in width along any façade fronting a public roadway. [Source: NEW]
b. Entrance. The entrance to the small grocery store or neighborhood market shall be located along a façade fronting a public roadway, within 15 feet of a corner of the structure. [Source: NEW]
c. Maximum Retail Area. The retail area shall not exceed 5,000 square feet. [Source: NEW]
3. Noise.
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a. Deliveries shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. [Source: NEW]
b. Outdoor amplified noise of any type is prohibited. [Source: NEW]
4. Trash and Recycling. Trash and recycling enclosures shall comply with the requirements in Chapter 9.80 (Trash and Recycling Enclosures). [Source: NEW]
9.115.160 Retail Sales, Restricted
A. Purpose and Intent. The standards established in this Section provide standards for restricted retail sales, as defined in Division 8 (Definitions), to address potential impacts arising from the nature of products sold at such establishments. [Source: NEW] B. Standards for all Restricted Retail Sales. All restricted retail uses shall comply with the following: [Source: NEW]
1. Hours of Operation. Restricted retail sales uses may only be open for operation between the hours of 9:00 a.m. and 8:00 p.m., daily. [Source: NEW]
2. General Permit and License Requirements. Restricted retail sales uses shall comply with the following permit and licensing requirements: [Source: NEW] a. Regulatory Permits and License/Clearances. Restricted retail sales uses shall obtain any applicable permits and licenses from the City, County, State, or Federal agency that governs the use. Conditions of the Conditional Use Permit (Chapter 9.225) shall include a provision requiring the applicant to provide written proof of any applicable permits and licenses to the City prior to commencement of the use. [Source: NEW]
3. Security and Crime Prevention. Restricted retail uses are subject to review and approval by the Police Department prior to commencement of the use. The following may be required and become provisions of the Conditional Use Permit, at the discretion of the Police Department: [Source: NEW]
a. Installation of a CCTV (or equivalent) inside the business with retrievable electronic data maintained regularly and of sufficient resolution to identify customers involved in criminal offenses; [Source: NEW]
b. Central station silent intrusion alarming of the business with personnel access in strategic locations within the premises; [Source: NEW] c. Use of a money safe or vault, as approved by the Police Department.
Personnel shall have the ability to make frequent cash and/or check drops and a policy shall be instituted to limit available cash on hand; and/or [Source:
NEW]
d. While closed, the business will provide sufficient interior night-lights for nighttime security. [Source: NEW]
C. Standards for Smoke Shops. Smoke shops are defined as dedicating more than 15 percent of the total floor space and/or more than a two-foot by four-foot section of shelf space for display Chapter 9.115 Standards for Specific Land Uses
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for sale of smoking, drug, and/or tobacco paraphernalia. All smoke shops shall comply with the following development and operational standards, in addition to the standards in Subsection B above: [Source: NEW]
1. Location. Smoke shops shall comply with the following location standards: [Source:
NEW]
a. Smoke shops shall not be located within 600 feet of establishments commonly frequented by youth, including, but not limited to, schools, religious institutions, public libraries, and public parks; and
b. Smoke shops shall not be located within 500 feet of residential zoned parcels.
2. Conditions. The following are required and will become conditions of the Conditional Use Permit: [Source: NEW]
a. No smoking shall be allowed inside the shop; [Source: NEW] b. No person under age 21 may enter the business, even if they are accompanied by an adult; [Source: NEW]
c. All employees shall be 21 or older; [Source: NEW]
d. No products may be sold by means of self-service or vending machine assisted; [Source: NEW]
e. Business shall not distribute free tobacco products or promotional items; [Source: NEW]
f. Business shall not sell or offer for sale cigarettes or other tobacco or smoking products not in the original packaging provided by the manufacturer and with all required health warnings; [Source: NEW]
g. All signs shall comply with Chapter 9.105 (Signs); [Source: NEW] h. Businesses shall comply with State law, including, but not limited to, Health and Safety Code Section 11364.5, as amended from time to time.
D. Standards for Firearm Sales. All retail sales of firearms shall comply with the following development and operational standards, in addition to the standards in Subsection B above:
[Source: NEW]
1. Location. No retail sales of firearms shall be located within 1,000 feet of a school, or 500 feet of a place of assembly, preschool, daycare facility, youth centers, park, library, or other firearm sales establishments. [Source: NEW]
2. Permit Requirements. The retail sales of firearms shall comply with the following permit requirements: [Source: NEW]
a. An application for a Conditional Use Permit (Chapter 9.225) for firearm sales shall be referred to the Police Department for review and comment. [Source:
NEW]
b. In addition to making the findings required for the issuance of a Conditional Use Permit (Chapter 9.225), the Review Authority shall consider the following Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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factors in determining whether to grant or deny a Conditional Use Permit:
[Source: NEW]
i. The proposed location would comply with the requirements of this Section; [Source: NEW]
ii. The proposed location would be consistent with the character and uses of the surrounding neighborhood; [Source: NEW]
iii. The proposed use would not affect the welfare of the area residents; and [Source: NEW]
iv. The proposed use would not be in conflict with any provision contained in this Code. [Source: NEW]
3. Conditions. The following are required and will become conditions of the Conditional Use Permit (Chapter 9.225): [Source: NEW]
a. Firearms and ammunition shall be maintained in a secured location so that access is controlled solely by the dealer or employee and not accessible to the public. This includes any firearm or ammunition on display or in storage. [Source: NEW]
b. All storage of ammunition and other firearms related merchandise classified by the California Code of Regulations Title 24, Part 9, California Fire Code as a hazardous material and shall be subject to approval of the Fire Chief. [Source: NEW]
c. Firearm Sales Accessory to General Retail Sales. All Conditional Use Permits issued to establish retail firearm sales operating as an accessory use to a General Retail Sales use shall not exceed five percent of the total floor area of the General Retail Sales use, including all display, storage, and firearm sales areas. [Source: NEW]
d. The Planning Commission may require additional conditions necessary to ensure compliance with the provisions of this Section and other sections of this Code. [Source: NEW]
9.115.170 Senior Housing
A. Purpose and Intent. This Section establishes standards for the development and operation of multi-unit residential facilities that provide housing and/or personal care to senior residents to ensure the long-term availability and affordability of units that consider special needs of senior residents. [Source: 9.98.010, modified]
B. Applicability. The development standards established in this Section shall apply to all multiunit dwelling units with age restrictions for senior adults. [Source: NEW] C. Development Standards. Senior housing developments constructed under the provisions of this Chapter shall comply with the minimum development standards in the zoning district in which they are located, in addition to the standards established in this Section. In the event of Chapter 9.115 Standards for Specific Land Uses
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conflict between these standards and the underlying zoning regulations, the requirements of this Section shall apply. [Source: 9.98.030, modified]
1. Parking. Senior housing developments shall comply with the following standards:
a. Number of Parking Spaces.
i. A minimum of one parking space shall be provided per dwelling unit, not to exceed the maximum number of spaces in Chapter 9.70 (Parking, Loading, and Access).
ii. A minimum of 10 percent of required parking spaces shall be designated as handicapped spaces.
b. Covered Parking. A minimum of 75 percent of parking spaces shall be covered.
2. Private Open Space. Private open space shall be provided in compliance with Chapter
9.60 (Residential Open Space).
3. Indoor and Outdoor Common Open Space. A minimum of 30 square feet of indoor and 40 square feet of outdoor common open space shall be provided for each unit.
4. Dwelling Unit Size. Each dwelling unit shall have at least one bedroom and contain 500 square feet of habitable floor area, plus at least 200 square feet additional floor area for each additional bedroom
D. Covenants, Conditions, and Restrictions (CC&Rs). Covenants, conditions and restrictions shall be required before development construction to enforce age limitations, relocation when a household survivor is not a senior individual, maximum occupancy limitations, and long-term project maintenance and repair, and shall allow the City to the right-of-entry and enforcement of local regulations. CC&Rs shall be recorded with the County Recorder's Office before issuance of a Building Permit. [Source: 9.98.050, modified] E. Annual Review. Once every 12 months, the owner and/or manager of the senior housing development shall submit to the City a statement of proof that each occupied unit is occupied by at least one individual who is a senior citizen or is occupied by the manager. [Source:
9.98.060, modified]
9.115.180 Sexually Oriented Businesses
A. Purpose and Intent. It is the purpose and intent of this Chapter to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the city and to establish reasonable and uniform regulations to prevent any conflicting location or concentration of sexually oriented businesses within the city. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. [Source: 9.82.010] Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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1. Location of Sexually Oriented Businesses. The Code requires that sexually oriented business shall be allowed only in a zoning district where such uses are specifically allowed. Permits for sexually oriented businesses shall be required and governed by the procedures and policies specified in Chapter 5.18 of this Code. In addition, any sexually oriented business shall be subject to the following restrictions:
[Source: 9.82.050, modified]
2. Separation Requirements. Sexually oriented businesses shall not be established within 1,000 feet of another such business, 250 feet of East Palm Canyon Drive (State Route 111), or within 750 feet of any of the following: [Source: 9.82.030, modified] a. Religious institution;
b. School, day care center or day care home;
c. Youth organization;
d. City Hall, City offices, library, or other governmental facility;; e. Place of assembly (e.g., place of worship, meeting halls for clubs and other membership organizations, banquet halls, community centers); f. Public park or playground;
g. Recreational facility, (e.g., game arcade, bowling alley, skateboard rink, skating rink, etc.), or similar area where minors regularly congregate; h. Any residential use; and/or
i. Any residential zoning district.
3. Exception. Sexually oriented business may be located within a regional retail shopping mall which consists of no less than 250,000 square feet under one roof and containing not less than 15 separate businesses under that same roof in any commercial or industrial zoning district wherein such sexually oriented business shall have its only frontage upon enclosed malls or malls isolated from direct view from public streets, parks, schools, churches, or residentially zoned property.
B. Measurement of Distance. Distances shall be measured in a straight line, without regard to intervening structures, from the nearest property line for which the sexually oriented business is proposed to be located to the nearest property line of a use or district listed above. [Source:
9.82.040, modified]
9.115.190 Single-Room Occupancy (SRO)
A. Purpose and Intent. This Section establishes standards to encourage the development of single-room occupancy (SRO) units which create permanent, affordable housing for small households and for people with special needs in proximity to transit and services. [Source; NEW]
B. Operational Requirements. SRO facilities shall comply with the following operational requirements: [Source: 9.31.130, modified]
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1. 24-hour on-site management shall be required of SRO facilities with six or more units.
2. A management plan shall be implemented to address management and operation of the facility, rental procedures, safety and security measures, and building maintenance and staffing.
C. Development Standards for Single Room Occupancy Facilities. SROs shall comply with the following development standards: [Source: 9.31.140, modified; NEW]
1. Single-Room Occupancy Facilities. The following standards shall apply to SRO facilities:
a. Common Area. Four square feet of common area per unit shall be provided, with at least 200 square feet of total interior common space, excluding janitorial storage, laundry facilities, and common hallways. [Source: NEW] b. Laundry Facilities. Laundry facilities shall be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor. [Source: NEW] c. Cleaning Supply Room. A cleaning supply room or utility closet that includes a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. [Source: NEW]
2. Single-Room Occupancy Units. The following standards shall apply to individual SRO units.
a. Unit Size. Each SRO unit shall have a minimum unit size of 150 square feet up to a maximum unit size of 400 square feet, including a minimum ten square feet of storage space. [Source: 9.31.140]
b. Occupancy. An SRO unit shall accommodate a maximum of two persons. [Source: NEW]
c. Bathroom Facilities. SRO units shall contain one of the following types of bathroom facilities:
i. Partial Bathroom. A partial bathroom facility shall include at least a toilet and sink. If a full bathroom facility is not provided in-unit, common bathroom facilities shall be provided in compliance with the State Building Code for congregate residences with at least one full bathroom per floor. [Source: NEW]
ii. Full Bathroom. A full facility shall include a toilet, sink, and bathtub, shower, or bathtub/shower combination. [Source: NEW]
d. Kitchen Facilities. SRO units shall contain one of the following types of kitchen facilities:
i. Partial Kitchen. A partial kitchen shall include, at a minimum, a microwave oven, a sink, and a refrigerator. If a full kitchen is not provided in-unit, common kitchen facilities shall be provided with at least one full kitchen per floor. [Source: 9.31.140, modified] Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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ii. Full Kitchen. A full kitchen shall include, at a minimum, a sink, a refrigerator, and a stove, range top, or oven. [Source: NEW]
3. Parking. Parking for an SRO facility shall comply with the parking standards established in Chapter 9.70 (Parking, Loading, and Access). [Source: NEW]
4. Existing Structures. An existing structure may be converted to an SRO facility, consistent with the requirements of this Section. [Source: NEW]
5. Tenancy. Tenancy of SRO units shall be for a minimum of 30 consecutive days. [Source: NEW]
9.115.200 Solid Waste Management: Community Composting, Recycling Facilities, and Recycling Centers
A. Purpose and Intent. This Section regulates community composting, recycling facilities, and recycling centers to divert compostable and recyclable materials from landfills while protecting the health, safety, and welfare of surrounding land uses. [Source: 9.96.160, modified] B. Federal, State, and Local Agency Requirements. All community composting, recycling facilities, and recycling centers are subject to other applicable permits and requirements from Federal, State, and local agencies that have jurisdiction over the proposed operations, including, but not limited to, the Riverside County Department of Health and local solid waste enforcement agency. All required regulatory approvals shall be on file with the City Planning Department. [Source: 9.96.160, modified]
C. Operational Standards. Community composting, recycling facilities, and recycling centers shall comply with the operational standards established in this Section.
1. Documentation. The operator of a community composting, recycling facility, or recycling center shall maintain the following records to be provided to the City upon request: [Source: 9.96.160, modified]
a. Receipts for each delivery accepted at the facility, including information about the city of origin, the amount, and the type of material being accepted. b. A summary of all deliveries accepted at the facility. c. Any additional data required by the City.
D. Reverse Vending Machines. Reverse Vending Machines are prohibited. [Source: NEW] E. Community Composting. Community composting facilities shall comply with the following standards. [Source: NEW]
1. Compost piles, systems, and containers shall not be located within 100 feet from a residential structure.
2. Community composting facilities may include three-bin systems, windrows, aerated static piles, vermicomposting, and other similar on-site composting systems.
3. Compost piles, systems, and containers shall be screened from the street and adjacent parcels through walls, fencing, and/or other similar screening.
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F. Recycling Facility, Small Collection. Small collection recycling facilities shall comply with the following standards. [Source: NEW]
1. Collection containers shall not occupy more than 350 square feet nor three parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers.
2. Collection containers shall be set back at least 20 feet from any public right-of-way and drive aisle and shall not obstruct pedestrian or vehicular traffic.
3. Collection containers shall be constructed of durable waterproof and rustproof materials, secured from unauthorized removal of material, and shall be of sufficient capacity to accommodate materials collected and the collection schedule.
4. Containers shall not be located within 50 feet of any residentially zoned parcel.
5. Collection containers shall be of a color and design to be both compatible with the surrounding uses and neighborhood.
6. Signs. Signs may be provided as follows:
a. Recycling facilities may have identification signs with a maximum area of 12 square feet for each side or exterior surface; and
b. Directional signs may be installed with the approval of the Director if found necessary to facilitate traffic circulation.
7. Additional parking spaces shall not be required for customers of a small collection recycling facility located in an established parking lot of commercial/industrial use.
8. Use of parking spaces by the facility and by the attendant, if provided, shall not reduce available parking spaces below the minimum number required for the use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility is in operation.
9. The site shall be maintained clean, sanitary, and free of litter and other undesirable materials, and shall be cleaned of loose debris daily.
G. Recycling Facility, Large Collection. Large collection recycling facilities shall comply with the following standards. [Source: NEW]
1. The facility shall not abut a parcel zoned for residential use.
2. Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.
3. All outdoor storage shall comply with Section 9.130.20.F (Outdoor Storage)
4. The parcel shall be maintained in a clean and sanitary manner, free of litter and any other undesirable materials, and shall be cleared of loose debris daily.
5. All collection of recyclable materials shall be conducted exclusively during operational hours.
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6. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels.
H. Recycling Center. Recycling centers shall comply with the following standards. [Source: NEW]
1. The facility shall not abut a parcel zoned for residential use.
2. Processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shredding, sorting of source-separated recyclable materials, and repairing of reusable materials.
3. A processing facility shall not exceed 45,000 square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers.
4. Outdoor storage shall be screened by a six-foot-high opaque fence or solid masonry wall in combination with landscape materials. Storage, excluding truck trailers, shall not be visible above the height of the required wall.
5. All collection of recyclable materials shall be conducted exclusively during operational hours.
6. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable from adjoining parcels.
9.115.210 Time-Share Use or Occupancy of Land
A. Purpose and Intent. The purpose of this Section is to allow and regulate time-shares in appropriate areas of the city. [Source: NEW]
B. Allowed Zoning Districts. A time-share shall be allowed through a Conditional Use Permit only in zoning districts where a hotel land use would be allowed in compliance with Division 2 (Zoning Districts Regulations and Development Standards). Time-shares are prohibited in any development where condominium by-laws, or covenants, conditions and restrictions expressly prohibit time-shares. [Source: 9.92.020, modified]
C. Transient Occupancy Tax. All time-shares shall be subject to the provisions of the City's transient occupancy tax ordinance. [Source: 9.92.040]
D. Development and Operational Standards. Time-shares shall comply with the following development and operational requirements: [Source: NEW]
1. New Time-Share Development. Time-share developments shall comply with all standards for hotel development in the applicable zoning district. [Source: NEW]
2. Minimum Length of Stay. The minimum length of time any guest occupies a timeshare shall be seven consecutive days. [Source: NEW]
3. Operation. The time-share use must be composed of time-share interests. [Source:
NEW]
4. On-Site Management. An on-site manager shall be present on site at all times. [Source: NEW]
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5. Additional Requirements. The commission may impose additional conditions to timeshares as it determines are necessary to protect the public safety, health, peace and welfare and mitigate impacts of time-shares on the city’s stock of housing units, City services, and on-site circulation
E. Conversion of Condominiums to Time-Shares. Condominiums may be converted to timeshares only when in compliance with the following requirements: [Source: 9.92.050, modified]
1. The conversion of condominiums to time-shares shall comply with all standards in Subsection C above.
2. A minimum of 50 percent of the owners of condominium units (not including those owned by the applicant and/or the developer) shall receive notification, either personally or by receipted certified U.S. Mail, including a description of the number and percentage of current condominium units that are proposed to be converted to timeshare units..
3. Time-share rights or entitlements shall not be sold or offered for sale unless there exists a valid final subdivision public report for the sale of such time-share rights or entitlements, issued by the State Department of Real Estate.
9.115.220 Vehicle Sales, Used and Vehicle Rental Facility, Passenger and Recreational
A. Purpose. This Section regulates used vehicle sales and vehicle rental facilities for passenger and recreational vehicles to allow such uses while ensuring compatibility with surrounding land uses and ensure quality development along major city corridors. [Source: 9.96.170, modified] B. Location/Site Improvements. [Source: 9.96.170]
1. A minimum lot size of 17,500 square feet shall be required for used vehicle sales or vehicle rental enterprises except where such use is to be conducted entirely indoors;
2. Vehicle display/storage areas shall be physically separated from required parking/vehicle maneuvering areas and marked and signed as such. Display parking shall be limited to the areas delineated on the approved site plan and no part of any area designated for vehicle display/storage shall be credited toward required customer/employee parking. All vehicle parking and maneuvering areas shall be all weather surfaces. Vehicles shall not be displayed, parked or stored in required landscape areas;
3. Each site shall contain an office sufficiently sized for the conduct of the operation.
Portable office trailers and other temporary structures are not allowed;
4. All exterior lighting shall be installed and maintained in such a manner that glare and intensive light sources shall not be visible at the property line. Such fixtures shall comply with the lighting standards in the Code;
5. All security improvements, fencing, gating, etc. shall be subject to approval by the Planning Department before installation. Barriers proposed to be erected around vehicle display areas shall not exceed 36 inches in height. Chain link fencing is Division 4 – Standards For Specific Land Uses Chapter 9.115 Council Hearing Draft – October 2026
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prohibited. Further, all such improvements shall be architecturally integrated with the site, structure, and landscape improvements.
C. Operational Standards. [Source: 9.96.170]
1. Incidental vehicle repair shall only take place in an enclosed structure consistent with the requirements of Section 9.115.240 (Vehicle Repair Shop);
2. Public address systems or any similar external loudspeaker systems are prohibited;
3. Outdoor display shall be limited to those areas designated on the approved site plan and display of vehicles on elevated platforms, ramps, or any similar device is prohibited.
D. Nonconforming Uses. Used vehicle sales and vehicle rental enterprises shall be deemed nonconforming if they do not have a Conditional Use Permit (Chapter 9.225)approval granted by the City or fail to meet any of the development standards contained in this Section and/or any other applicable development requirements or design policy of the City, including, but not limited to, those criteria within this title, specific plans, and City design guidelines. At the time of review of a Conditional Use Permit application, the Planning Commission or City Council shall have the discretion to review the entire scope of potential issues including the appropriateness of the nonconforming use its existing location and may deny said application and require abandonment of the nonconforming use. [Source: 9.96.170]
9.115.230 Vehicle Fueling Stations
A. Purpose and Intent. This Section establishes standards specific to Vehicle Fueling Stations, including the sale of gasoline, diesel, ethanol, hydrogen, and electric charging. [Source: NEW] B. Accessory Uses or Combined Uses. Restaurants and convenience food markets, car washes (per Section 9.130.070) or other similar uses may be allowed if the Planning Commission finds that: (1) the activity is integrated with the service station operation and both activities are compatible with the other; (2) the accessory use in combination with the service station operation will not cause hazards on, or congestion to, adjacent city streets or surrounding traffic patterns; and (3) the additional required parking for the accessory use can be adequately designed so as to maintain clear aisleways and not interfere with the dispensing of fuel. [Source: 9.96.150]
C. Location of Vehicle Fueling Stations. [Source: 9.96.150]
1. No more than two vehicle fueling stations shall be located at any intersection of streets, (whether wholly or partially within the City's limits). The terms "intersection" and "street" shall have the same meaning as stated in Sections 365 and 590 of the State Vehicle Code.
2. When vehicle fueling stations are proposed at locations other than at an intersection they may not be located any closer than 2,500 feet from any other service station, said distance to be measured from the closest point on the nearest property line of a proposed location of a vehicle fueling station by a straight line to the closest point on the nearest property line of any other vehicle fueling station.
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3. Exceptions. A vehicle fueling station may be allowed at any other properly zoned site provided that at least one of the following apply:
a. The parcel has frontage on a street and is between a freeway on or off-ramp and the next street that intersects with the said required frontage street; or b. The site is part of a comprehensively planned commercial center of over five acres in area; or
c. The Planning Commission finds that the proposed fuel dispensing volume constitutes a secondary use of the site or business or that the fuel dispensing activities of surrounding land uses (including uses outside the city) which affect the separation criteria are deemed minor or secondary activities and that the addition of the proposed use would not have adverse impact on traffic circulation or surrounding uses.
D. Minimum Site Area. Vehicle fueling stations shall be located on a parcel containing at least 20,000 square feet. Any proposal to add to or, expand motor fuel dispensing or electric charging activity to an existing use on a parcel of less than 20,000 square feet shall not be allowed, unless the Planning Commission in compliance with a Conditional Use Permit, finds that the site can adequately support the increased use without adversely affecting public streets or surrounding land uses. [Source: 9.96.150, modified]
E. Parking. Each vehicle fueling station site shall have no less than three spaces available and marked for parking of vehicles, excluding those vehicles being serviced at said station. In addition to the above-required spaces, uses allowed as accessory or combined uses shall meet parking requirements specified in Chapter 9.58, Off-Street Parking. [Source: 9.96.150] F. Installation of Call Detectors. If a service station is located at a street intersection where traffic signal devices are installed or proposed to be installed by the City or by the State, there shall be installed on said service station site "call detectors," if said detectors are determined necessary by the City Engineer or engineer of that governmental body having jurisdiction over the operation of traffic maintenance signals, said determination to be made and imposed as a condition of site plan approval. [Source: 9.96.150]
G. Identification of Fuel Types. All fuel types including but not limited to diesel fuel and/or liquid propane gas (LPG) shall be identified on the submitted site plan. [Source: NEW] H. Access/Reciprocal Agreements. Access drives shall be at least 100 feet from any street corner as measured from the intersection of the ultimate right-of-way lines at said corner. All driveways shall be designed to provide vehicle queuing in a manner which minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be required with adjacent properties to enhance public convenience and safety. [Source:
9.96.150]
I. Walls and Screening. Low profile screen walls, landscaping, earthen berms or any combination thereof shall be installed on project boundaries to partially reduce public view of parking areas, service, and fuel dispensing bays as determined by the Planning Commission. [Source: 9.96.150]
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J. Landscape improvements. At least 10 percent of the net site area shall be fully landscaped.
Landscaped planter areas at least six feet wide (as measured from the property line) shall be provided on site along all street frontages, side and rear property lines or lease lines except where approved cross drives exist. However, greater planting area shall be provided where specified by specific plans, specific zoning district standards or other established City policies and guidelines. [Source: 9.96.150]
K. Restrooms/Comfort Stations. Restrooms shall be provided and maintained for convenient patron use during business hours. [Source: 9.96.150]
L. Fueling Station Canopy Covering. Motor fuel dispensing or electric charging areas shall be covered by a canopy structure with a minimum vertical clearance of 14 feet in height. [Source:
NEW]
M. Service stations which contain self-service fuel dispensing and/or electric charging shall provide for vehicle air/water, windshield washing and trash disposal. [Source: 9.96.150, modified]
N. Exterior area and flood lighting proposed (whether in parking areas or under canopies) shall be shown on plans. Exterior lighting shall be consistent with Chapter 9.95 (Outdoor Lighting Standards) of this Code. [Source: 9.96.150]
O. No outdoor merchandising displays, including, but not limited to, snacks, propane tanks, beverages, etc. shall be allowed in an area outside any structure or City approved outside display area, for purposes of physically selling, distributing, or displaying goods, wares, merchandise, or services. [Source: 9.96.150]
P. Accessory Alcohol Sales. Sales of alcoholic beverages that are accessory to a vehicle fueling station shall be allowed only in compliance with the following standards: [Source: 9.96.110, NEW]
1. Accessory alcohol sales shall not exceed 50 percent of the floor area of total sales and/or services.
2. Accessory alcohol sales may only occur between the hours of 8 a.m. and 8 p.m.
3. All alcohol sales shall be in compliance with any applicable Alcoholic Beverage Control (ABC) licensure and all other applicable regulations of this Development Code.
9.115.240 Vehicle Repair Shop
A. Purpose. The purpose of this Section is to ensure that vehicle repair shops are designed and operated in a manner that is compatible with surrounding commercial development and nearby sensitive land uses. These standards are intended to minimize visual, noise, odor, and operational impacts while promoting high-quality site design and pedestrian-oriented commercial environments. [Source: NEW]
B. Applicability. The following standards shall apply to all vehicle repair shops, including those with repair activities, tire shops, oil change facilities, body repair establishments, and similar vehicle service uses. [Source: NEW]
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C. Specific Plan. Vehicle Repair Shops within the 90-43A Specific Plan area shall comply with all applicable standards of the Specific Plan. [Source: NEW] D. Development Standards. [Source: NEW]
1. Front Setback and Access. All structures shall have a minimum 35-foot front setback to allow ingress and egress from the public right-of-way to the service bays.
2. Windows. The exterior walls and doors of any structure, excluding bay doors and/or security grills, housing a vehicle use, which are parallel to a street, shall consist of at least 50 percent transparent windows, unless otherwise prohibited by law.
3. Service Bays
a. Location. Service bay doors or vehicle entrances, exits, or openings shall not face any residential use.
b. Stacking. Service bays shall accommodate a vehicle stacking capacity of one vehicle within the service bay and one located on the pad outside the service bay doors.
c. Aisles. Service bay aisles shall be a minimum of 25 feet for the center aisle space to ensure safe vehicle movement and reduce the need for constant, climate-altering door operation.
4. Wash Racks. Every wash rack shall be constructed or arranged so that entrances, exits and openings shall not directly face any residential use.
5. Vehicle hoists. Vehicle hoists of any type or size, shall be located and operated only inside a structure enclosed on at least three sides.
6. Flooring. Concrete flooring or a similar materials is required for all repair areas. All repair areas shall include floor drains and oil-water separators, particularly for wash bays.
7. Landscape Buffering. A landscaped buffer strip of at least 10 feet is required between all uses and the vehicle repair shop. The landscape buffer strip shall include a combination of approved City trees, shrubs, and groundcover per Chapter 9.55 (Landscaping).
8. Pedestrian Design. Onsite pedestrian circulation shall be provided with minimum three-foot wide pedestrian walkways from public sidewalks and parking areas to structure entrances.
E. Operational Standards. [Source: NEW]
1. Accessory Sales. Accessory sales activities shall not occur outside a fully enclosed structure.
2. Noise Control.
a. Vehicle repair operations shall comply with all applicable City noise standards.
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b. Noise-generating activities, including engine testing, use of pneumatic tools, metal fabrication, or amplified sound, shall occur entirely within structures, with the exception of open service bays.
c. Outdoor speaker systems, outdoor engine testing, and prolonged idling of vehicles are prohibited adjacent to residential uses.
3. Hours of Operation. Hours of operation for vehicle repair shops and associated onsite activities located within 300 feet of a residential use shall be limited to:
a. 7:00 a.m. to 8:00 p.m., Monday through Saturday; and b. 9:00 a.m. to 6:00 p.m. on Sundays and holidays.
4. Visual Clutter. All windows and glass doors shall be maintained free of any signs.
5. Odor and Air Quality. All painting, coating, and chemical-related activities shall occur within properly ventilated and filtered enclosed structures.
6. Waste and Hazardous Materials.
a. All waste fluids, chemicals, and hazardous materials shall be stored in accordance with applicable State and Federal regulations including but not limited to OSHA, IBC/IFC, and NFPA 30A.
b. Outdoor storage of tires, batteries, oils, or hazardous materials shall be prohibited unless fully screened and contained behind a solid wall or fence with a minimum height of six feet. Items stored outdoors shall not exceed the height of the screening.
7. Site Maintenance. The site where the automotive use is located shall be kept clear of weeds, rubbish, and all types of litter and combustible materials at all times.
8. Prohibited Operations.
a. Vehicle dismantling, salvage operations, or long-term vehicle storage shall be prohibited unless expressly permitted within the zoning district. b. Outdoor coating and painting is prohibited.
c. Use of temporary canopy tents shall are prohibited.
d. Trailers and/or temporary modular structures shall not be permitted as a work area.
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Chapter 9.120
Standards for Temporary Land
Uses
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Chapter 9.120 Standards for Temporary Land Uses
Sections
9.120.010 Purpose and Intent
9.120.020 Applicability
9.120.030 Types of Temporary Land Uses
9.120.010 Purpose and Intent
This Section establishes specific uses that are considered to be temporary uses for the purposes of this Development Code. [Source; NEW]
9.120.020 Applicability
Temporary Uses shall comply with the permit requirements established in Chapter 9.235 (Temporary Use Permit). [Source: NEW]
9.120.030 Types of Temporary Land Uses
A. Allowed Uses. A Special Use Permit is required for the following uses: [Source: 9.68.020,
9.96.020, 9.96.030, 9.96.080, 9.96.070, 9.96.090, NEW]
1. Events. Swap meets, flea markets, farmers markets, parades, bicycle races, marathons, festivals, concerts, carnivals, and other similar events.
2. Seasonal Sales Lots. Seasonal sales activities (e.g. Halloween, Thanksgiving, Christmas, etc.) including temporary residence or security trailers on nonresidential properties. All seasonal sales lots shall comply with all sign regulations in Chapter
9.105 (Signs).
3. Off-Site Construction Yards. Off-site storage yards used in conjunction with an approved construction project. The Special Use Permit may be extended by the Planning Department for the duration of the construction project;
4. Temporary Offices. Temporary structures or trailers used for offices, storage, or first sales of homes before completion of an approved development project. The Special Use Permit may be extended by the Planning Department for a maximum of two times for a period not to exceed an additional 90 days each.
5. Temporary Parking Lots. Temporary parking areas in conjunction with an approved temporary or permanent use. The Permit may be approved for no more than 20 days.
Temporary parking lots:
a. Shall comply with all sign regulations in Chapter 9.105 (Signs). b. Shall mitigate for the impacts of dust.
c. Shall not allow overnight camping.
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6. Temporary Residence. A temporary residence of a property owner when a valid Building Permit for a new dwelling unit is in force. The Permit may be approved for no longer than 12 months, or upon expiration of the Building Permit, whichever first occurs. Temporary residences:
a. Shall not be larger than 400 square feet.
b. Shall not be located within a front setback.
c. Shall be located a minimum of five feet from a rear or side property line and not beyond the front facade of the primary residence.
d. Any proposed deviation from this Subsection may be considered through the Minor Use Permit (Chapter 9.220) process.
7. Any other similar use that the Planning Department determines is temporary in nature and is found to be compatible with surrounding uses.
B. Exempt Temporary Uses. Uses not requiring a Special Use Permit are: [Source: 9.68.020, modified]
1. On-Site Construction Yards. On-site contractors' construction yards, in conjunction with an approved construction project.
2. Garage and Rummage Sales. Outdoor sales of used goods for up to one two-day weekend per quarter within a 12-month period.
3. Emergency Facilities. Emergency public health and safety needs/activities.
4. Any use specifically regulated in another Chapter of this Code.
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Chapter 9.125
Cannabis Businesses
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Chapter 9.125 Cannabis Businesses
Sections
9.125.010 Purpose and Intent
9.125.020 Relationship to Other Laws
9.125.030 Permit Required
9.125.040 Application and Processing Procedures
9.125.050 Findings for Approval
9.125.060 Development and Location Standard
9.125.070 Conditions of Approval
9.125.080 Limited City Liability
9.125.090 Inspections
9.125.100 Enforcement
9.125.010 Purpose and Intent
A. The purpose of this Chapter is to regulate cannabis business land uses, as allowed by Section 26200 of the State Business and Professions Code, in a manner designed to minimize negative impacts on the city and neighboring uses, and promote the health, safety, morals, and general welfare of residents and businesses within the city. [Source: 9.108.010] B. This Chapter is further adopted and established in compliance with the specific authority granted to the City in Section 7 of Article XI of the State Constitution and Section 26200 of the State Business and Professions Code. This Chapter shall govern all cannabis businesses within the jurisdiction of the City. [Source: 9.108.010]
9.125.020 Relationship to Other Laws
A. In the event of any conflict between the provisions of this Chapter and the provisions of MAUCRSA or any other applicable State or local law, the more restrictive provision shall control.
B. Except as expressly stated in this Section, cannabis businesses shall comply with all other City codes and regulations. Nothing in this Chapter shall be construed as permitting a cannabis business to operate at any time in a manner that is in violation of all other applicable State and local laws.
9.125.030 Permit Required
A. Where one or more types of cannabis businesses are listed as a conditionally allowed use in a zoning district in Division II of this Title 9 of the Code, a cannabis business of the type conditionally allowed in the subject zoning district may only operate after obtaining a Conditional Use Permit in compliance with this Chapter and Chapter 9.255 of this Code. No Division 4 – Standards For Specific Land Uses Chapter 9.125 Council Hearing Draft – October 2026
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person may operate any cannabis business that is a conditionally allowed use without having first obtained a Conditional Use Permit. [Source: 9.108.040] B. All cannabis businesses shall be operated in strict compliance with the terms, conditions, limitations and restrictions of the MAUCRSA, the provisions of Chapter 5.88, this Chapter, Chapter 9.255 of this Code, and all other applicable State and local laws and regulations, as well as the terms and conditions of its local license and Conditional Use Permit. [Source:
9.108.040]
C. The Planning Department is authorized to make policies and procedures consistent with the intent and spirit of this Chapter concerning the applications, the application process, the information required of applicants, the application procedures and the administration and procedures to be used and followed in the application and hearing process. [Source: 9.108.040] D. Chapter 9.255 of this Code shall govern and apply to Conditional Use Permits for cannabis businesses applied for or obtained in compliance with this Chapter unless this Chapter expressly states otherwise. All requirements contained in this Chapter shall be in addition to the applicable requirements of Chapter 9.255. [Source: 9.108.040]
9.125.040 Application and Processing Procedures
A. All applications for a Conditional Use Permit shall be filed with the Planning Department on the official form supplied by the City and shall be accompanied by the application fee established by resolution of the City Council, as may be amended from time to time.
B. An application for a Conditional Use Permit (Chapter 9.225) shall include, but shall not be limited to, the following information:
1. Confirmation that the proposed premises is not currently allowed by the State or county for the production of non-cannabis infused food products.
2. The address of the proposed cannabis business.
3. A site plan and floor plan of the cannabis business denoting all the use of areas of the cannabis business, including storage, employee areas, exterior lighting, restrooms, security cameras, areas of ingress and egress, signs, limited access areas, and restricted access areas, if included.
4. Plans and specifications for the interior of the proposed premises if the structure to be occupied is in existence at the time of the application. If the structure is not in existence or alteration to the structure is required at the time of the application, the applicant shall file a plot plan and a detailed sketch for the interior and shall further submit an architect's drawing of the structure to be constructed.
5. The name and address of the person that owns the real property upon which the cannabis business is to be operated. In the event the applicant does not legally own the property, the application shall be accompanied by a notarized acknowledgement from the person that owns the property that a cannabis business shall be operated on their property.
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6. A description of the design of the proposed premises evidencing that the design conforms to applicable City laws.
7. For a Cultivation Site or Manufacturing Site.
a. A description of the source of power (electric utility company, solar, diesel generators), the size of the electrical service or system, and the total demand to be placed on the system by all proposed uses on-site. b. For a cultivation site, verification of all water sources used by the proposed premises and verification that the proposed premises does not utilize water that has been or is illegally diverted from any stream, creek, or river. c. For a manufacturing site, a report from a professional engineer that details the type of equipment that shall be used to extract cannabinoids from cannabis. If flammable gas, flammable liquefied gas, flammable and combustible liquids, or compressed carbon dioxide (CO2) are used for extraction, then the report shall certify that only closed-loop extraction system(s), that are UL or ETL listed or have a sign off by a professional engineer, capable of recovering the solvent are utilized.
d. For a manufacturing site, a separate diagram of any room where extraction occurs that details the location of the extraction equipment, areas of ingress and egress, emergency eye-wash station, any other fire suppression or emergency equipment required by Title 8 of this code, City and State building codes, fire codes, electrical codes and all other applicable laws.
8. A statement in writing by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
9. Authorization for the Planning Department to seek verification of the information contained within the application.
10. Any such additional and further information as is deemed necessary by the Planning Department to administer this Section or this Chapter.
C. The Planning Department and appropriate City Staff shall review, verify and investigate all information on the application and prepare a report for the Planning Commission incorporating the findings of such investigation and verification, including, but not limited to, the suitability of the proposed location, and the applicant's compliance with the requirements of this Chapter, Chapter 5.88 and Chapter 9.225.
9.125.050 Findings for Approval
A. The Planning Commission shall not hold a public hearing on or approve any application for a Conditional Use Permit to operate a cannabis business unless the applicant holds a local license in good standing. [Source: 9.108.060]
B. In addition to the findings established in Chapter 9.225 of this Code, a Conditional Use Permit for a cannabis business shall only be granted subject to the following findings: [Source:
9.108.060]
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1. The cannabis business as well as all operations as conducted therein, fully comply with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant City and State law; and
2. The cannabis business fully complies with and meets all operating criteria required in compliance with State laws, Chapter 5.88 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the Conditional Use Permit (Chapter 9.225); and
3. The cannabis business shall be located in a zoning district where cannabis businesses of the type proposed are conditionally allowed, and all of the applicable locational restrictions in this Section are satisfied.
4. For dispensaries, the issuance of a Conditional Use Permit to the applicant shall not result in or add to an excessive concentration of dispensaries and/or result in a need for additional law enforcement resources.
C. The Planning Commission may deny an application for a Conditional Use Permit if it determines that one or more of the findings required by Chapter 9.255 or Subsection B of this Section for the granting of a Conditional Use Permit cannot be made. [Source: 9.108.060] D. Based on the information established in the application and City Staff's report and testimony presented at the public hearing, the Planning Commission may impose reasonable terms and conditions on the proposed cannabis business in addition to those specified in and required to be included in every Conditional Use Permit granted under this Chapter. [Source: 9.108.060]
9.125.060 Development and Location Standard
A. A Conditional Use Permit (Chapter 9.225) for a cannabis business shall not be approved unless the proposed cannabis business shall be located in a zoning district in which cannabis businesses of the type proposed are conditionally allowed. In addition, a Conditional Use Permit (Chapter 9.225) shall not be approved for a cannabis business unless all of the following locational requirements applicable to the type of cannabis business proposed are satisfied:
[Source: 9.108.070]
1. Dispensaries. No dispensary shall be located:
a. Within 600 feet of a school, day-care center, or youth center; or b. Within 250 feet of a residential zoning district.
c. Within 250 feet of the RR (Resort Residential) zoning district.
2. Cultivation, Manufacturing and Distribution Sites. No cultivation, manufacturing, or distribution site shall be located:
a. Within 600 feet of a school, day-care center, or youth center; b. Within 300 feet of a residential zoning district; or c. Within 300 hundred feet of the RR (Resort Residential) zoning district.
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3. All distances specified in this Section shall be measured in a straight line, without regard to intervening structures or topography, from the nearest point of the structure in which the cannabis business is, or shall be located, to the following locations, or until the City limit is reached. If the cannabis business is, or shall be located, in a multi-unit structure, the distances shall be measured from the nearest point of the suite in which the cannabis business is or shall be located.
a. Setbacks from schools, day-care centers and youth centers, shall be measured to the nearest property line of the parcel where such use is located. b. Setbacks from residential zoning districts shall be measured to:
i. The nearest point of any legally allowed structure located in a residential zoning district; or
ii. If there is land within a residential zoning district with no legally allowed structure, the measurement shall be to the nearest property line unless the nearest property line is within the public right-of-way, in which case the measurement shall be to the edge of the right-of-way furthest from the proposed cannabis business.
c. Setbacks from the Resort Residential (RR) zoning district shall be measured to the nearest property line of the parcel.
9.125.070 Conditions of Approval
A. All Cannabis Businesses. Every cannabis business Conditional Use Permit (Chapter 9.225) shall include the following conditions of approval. [Source: 9.108.080]
1. The cannabis business shall submit and obtain approval of an odor control plan meeting the requirements of Chapter 5.88 of the Municipal Code. When required by the odor control plan, the cannabis businesses shall install and maintain an exhaust air filtration system with odor control that prevents internal odors from being emitted externally. Should compliance with the odor control plan fail to properly control odor, the local licensing authority may impose additional or modified plan restrictions.
2. The applicant or its legal representative shall:
a. Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of Federal law associated with the operation of the cannabis business; defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of a Conditional Use Permit (Chapter 9.225) or the operation of the cannabis business; reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to the City's approval of a Conditional Use Permit (Chapter 9.225), and to execute a separate agreement to this effect.
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licensing authority and name the City as an additionally insured on all Cityrequired insurance policies.
3. All windows on the premises of the cannabis business shall be appropriately secured and cannabis securely stored.
4. All cannabis businesses shall comply with the City's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed.
5. All cannabis businesses and all equipment used in the conduct of the business, shall be operated in compliance with all applicable State and local laws and regulations, including all building, electrical, and fire codes, and in compliance with the businesses' State and local licenses.
B. Manufacturing Sites. Every Conditional Use Permit (Chapter 9.225) for a manufacturing site shall include the following conditions of approval: [Source: 9.108.080]
1. All manufacturing of cannabis products shall occur in an enclosed locked structure.
2. Manufacturing activities shall only occur in the areas depicted on the floor plan submitted by the applicant and shall not exceed the square footage authorized in compliance with the Conditional Use Permit (Chapter 9.225).
3. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of cannabis, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the premises or where required by the Fire Department official.
4. Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53, including those gases regulated elsewhere in the City Development Code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). Prevention, control and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in compliance with CFC Chapters 50 and 57.
5. Manufacturing sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled in compliance with the Fire Code. For manufacturing sites that shall be sited in an existing structure, an automatic sprinkler system shall be provided throughout all structures containing a Group F-1 occupancy where one of the following conditions exists:
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a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
C. Cultivation Sites. Every Conditional Use Permit (Chapter 9.225) for a cultivation site shall include the following conditions of approval: [Source: 9.108.080]
1. All cultivation of cannabis shall occur in an enclosed locked structure.
2. Cultivation activities shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized in compliance with the Conditional Use Permit (Chapter 9.225).
3. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas shall comply with Title 8 of this Code, Article 300.6(D) of the National Electric Code, City and State building codes, fire codes, electrical codes and all other applicable laws.
4. Cultivation sites are a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled in compliance with the Fire Code. For cultivation sites that shall be sited in an existing structure, an automatic sprinkler system shall be provided throughout all structures containing a Group F-1 occupancy where one of the following conditions exists:
a. A Group F-1 fire area exceeds 12,000 square feet.
b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 24,000 square feet.
D. Distribution Sites. Every Conditional Use Permit (Chapter 9.225) for a distribution site shall include the following conditions of approval. [Source: 9.108.080]
1. Distribution sites shall store all cannabis and cannabis products in a locked safe room, safe, or vault and in a manner to prevent diversion, theft, and loss.
2. The storage of cannabis and cannabis products shall only occur in the areas shown on the floor plan submitted by the applicant, and shall not exceed the square footage authorized in compliance with the Conditional Use Permit (Chapter 9.225).
9.125.080 Limited City Liability
To the fullest extent allowed by law, the City shall not assume any liability whatsoever, with respect to approving any Conditional Use Permit (Chapter 9.225) in compliance with this Chapter or the operation of any cannabis business approved for such permit in compliance with this Chapter. [Source: 9.108.090]
9.125.090 Inspections
A. Recordings made by security cameras at any cannabis business shall be made immediately available to the Planning Department upon verbal request for the purposes of determining Division 4 – Standards For Specific Land Uses Chapter 9.125 Council Hearing Draft – October 2026
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compliance with this Chapter and the cannabis business' Conditional Use Permit (Chapter
9.225). [Source: 9.108.100]
B. The Planning Department shall have the right to enter all cannabis businesses from time to time unannounced for the purpose of making reasonable inspections to observe and enforce compliance with this Chapter and the cannabis business's Conditional Use Permit (Chapter
9.225). Such inspections shall be limited to observing the premises for purposes of determining whether the cannabis business is being operated or maintained in compliance with this Code, State law, and other applicable laws and regulations. [Source: 9.108.100] C. Applicants and permittees shall cooperate with employees and investigators of the City who are conducting inspections or investigations relevant to the enforcement of this Chapter. No applicant or permittee shall by any means interfere with, obstruct or impede the any City official from exercising their duties under the provisions of this Chapter and all rules promulgated in compliance with it. [Source: 9.108.100]
9.125.100 Enforcement
The operation of a cannabis business in violation of any conditions of approval or the provisions of this Chapter or Chapter 9.225 is a violation of this Code, and a public nuisance. The City may seek to remedy such violations by any means provided for in law or equity, including but not limited to the enforcement mechanisms and remedies provided for in Title 13 of this Code, or take action to revoke the Conditional Use Permit in compliance with Chapter 9.225. [Source: 9.108.110] Chapter 9.130 Density Bonus
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Chapter 9.130
Density Bonus
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Chapter 9.130 Density Bonus
Sections
9.130.010 Purpose and Intent
9.130.020 Authority and Conflicts
9.130.030 Eligibility and Types of Bonuses and Incentives
9.130.040 Waivers
9.130.050 Parking
9.130.060 Application Submittal and Processing
9.130.070 Severability
9.130.010 Purpose and Intent
A. Purpose. This Chapter incorporates State Density Bonus requirements, including additional density, waivers, concessions, and other incentives for affordable housing for qualifying persons, projects, and facilities, as established in Government Code Sections 65915 through 65918. [Source: 9.48.010, modified]
B. Intent. The provisions established in this Chapter are intended to encourage the production of affordable housing and facilitate the granting of various incentives, waivers, and concessions for qualifying persons, projects, and facilities, consistent with the City's General Plan Housing Element. [Source: 9.48.010, modified]
9.130.020 Authority and Conflicts
A. Authority. This Chapter and its provisions are adopted under the authority of Government Code Section 65915 et. seq. [Source: NEW]
B. Conflicts. Where regulations are not specifically addressed in this Chapter, or in the event of a conflict between the provisions of this Chapter and the Government Code, the provisions of the Government Code, as amended over time, shall apply. [Source: NEW]
9.130.030 Eligibility and Types of Bonuses and Incentives A. Compliance with State and Local Requirements. To be eligible for a density bonus, incentive, or concession under this Chapter, a proposed housing development project shall satisfy the eligibility requirements established in Government Code Section 65915(b)(1) and comply with all other applicable provisions of this Development Code, unless otherwise allowed by this Chapter. [Source: NEW]
B. Eligible Projects. Excluding any units allowed by the density bonus, the City shall grant a density bonus or incentive for eligible projects, if requested by the applicant, in compliance with Government Code Sections 65302, 65913, and 65915 et. seq. Eligible facilities include:
[Source: NEW]
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1. Very-low income housing with at least five percent of the total units restricted for sale or occupancy to very low income households in compliance with Government Code Section 65915(b)(1)(B);
2. Low-income housing with at least 10 percent of the total units restricted for sale or occupancy to low income households in compliance with the requirements of Government Code Section 65915(b)(1)(A);
3. Moderate-income housing with at least 10 percent of the total units restricted for sale to moderate income households in compliance with the requirements of Government Code Section 65915(b)(1)(D);
4. Land Donations in compliance with the requirements of Government Code Section 65915(g);
5. Senior citizen housing developments in compliance with the requirements Government Code Section 65915(b)(1)(C);
6. Student housing developments with at least 20 percent of the total units restricted for lower income students in compliance with the requirements Government Code Section 65915(b)(1)(F)
7. Housing developments with at least 10 percent of the total units restricted for transitional foster youth, disabled veteran, or homeless persons in compliance with the requirements of Government Code Section 65915(b)(1)(E)
8. Housing development projects with 100 percent of the units, exclusive of a manager's unit or units, restricted for lower income households, except that up to 20 percent of the total units and density bonus units may be for moderate income households, in compliance with the requirements of Government Code Section 65915(b)(1)(G).
C. Density Bonus. [Source: NEW]
1. Eligible development projects shall be granted a density bonus in compliance with Government Code Sections 65915-65918.
2. The density bonus shall be an increase in the number of units allowed beyond what is typically allowed by the General Plan, or any applicable provision of the Development Code, a specific plan, and/or a master plan, depending on the percentage of affordable units provided. The amount of the bonus varies based on the type of affordable housing offered and shall be determined in compliance with Government Code Section 65915.
The density bonus shall be established in a written agreement that is recorded against the property and subject to review and approval as established in Section 9.130.050 (Application Submittal and Processing) of this Chapter. [Source: NEW] D. Concessions and Incentives. [Source: NEW]
1. Applicants can request a number of concessions or incentives that is allowed based upon the percentage of affordable units as established in Government Code Section 65915.
2. The types of incentives and concessions available to eligible applicants are established in Government Code Section 65915, and include, but are not limited to: [Source: NEW] Division 4 – Standards For Specific Land Uses Chapter 9.130 Council Hearing Draft – October 2026
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a. Reduction in development standards or a modification of Development Code requirements or architectural requirements, provided the reduction or modification exceeds the minimum building standards approved by the State Building Standards Commission in compliance with Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code; b. Parking requirement reductions;
c. Increased structure height or floor area ratio (FAR); d. Approval of mixed-use zoning in conjunction with the housing development project if commercial, office, industrial, or other land uses shall reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing development project and the existing planned development in the area where the proposed project is located;
e. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable and actual cost reductions to provide affordable housing costs, as defined in Health and Safety Code Section 50052.5, or affordable rent, as defined in Health and Safety Code Section 50053.
3. The requested concessions or incentives are subject to review and approval as established in Section 9.130.050 (Application Submittal and Processing) of this Chapter.
4. The City shall not be required to approve any incentive or concession that is not required by Government Code Section 65915.
9.130.040 Waivers
A. Requests. An applicant may request a waiver of any development standard that shall have the effect of physically precluding the construction of a housing development project at the densities or with the concessions or incentives allowed for the project. The waiver may provide complete relief or partial reduction from a development standard. [Source: NEW] B. Number of Waivers. A housing development that receives a waiver of any maximum controls on density in compliance with Government Code Section 65915 shall only receive a waiver to allow a height increase of up to three additional stories, or 33 feet, in compliance with Government Code Section 65915(e)(3). [Source: NEW]
C. The waivers are subject to review and approval as established in Section 9.125.060 (Application Submittal and Processing) of this Chapter. [Source: NEW] D. The City shall not be required to approve any incentive, concession, waiver, modification, or other development allowance beyond those required by Government Code Section 65915.
Nothing in this Code shall be construed to require the City to grant incentives, concessions, or other development allowances in excess of the minimum requirements of State law. [Source:
NEW]
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9.130.050 Parking
Upon the written request of the developer of a housing development that qualifies for a density bonus, the City shall permit vehicle parking ratios, inclusive of handicapped and guest parking, which do not exceed the parking ratios established in compliance with Government Code Section 65915. [Source:
NEW]
9.130.060 Application Submittal and Processing
A. Requests. Requests for a density bonus, incentive, waiver, or concession shall comply with the following: [Source: NEW]
1. An applicant for a density bonus shall submit a request for the specific density bonus, incentive, or concession established in Government Code Sections 65915-65918.
2. The applicant may file a request either before filing a development or entitlement approval of a proposed project or concurrently with an application for project approval.
B. Determination of Complete Request. Within 30 calendar days of filing the application, the Director shall notify the applicant in writing whether the application is complete and provide the applicant a determination as to: [Source: NEW]
1. The amount of the density bonus for which the project is eligible;
2. The parking ratio for which the project is eligible, if requested by the applicant; and
3. If a concession, incentive or waiver is requested, whether the applicant has provided enough information for the City to decide if the application is eligible for a concession, incentive, or waiver.
C. Review of Complete Application for Density Bonus. [Source: NEW]
1. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard shall be considered by and acted upon by the approval body with authority to approve the housing development. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed to the Planning Commission and from the Planning Commission to the City Council.
2. The applicant and City Staff shall prepare a proposed written density bonus agreement with terms, conditions, covenants and restrictions for any density bonus, incentive, concession, waiver, modification or revised parking standard. The proposed density bonus agreement shall be presented to the approval body for review and approval or denial based upon the requirements of Government Code Section 65915 and this Chapter of the Development Code.
D. Consideration of Request for Concessions and Incentive. The City shall grant an incentive or concession requested by the applicant, unless the City makes a written finding, based on substantial evidence, of any the following: [Source: NEW]
1. The concession or incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k) to provide for affordable housing Division 4 – Standards For Specific Land Uses Chapter 9.130 Council Hearing Draft – October 2026
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costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c).
2. The concession or incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or on any real property that is listed in the State Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderateincome households.
3. The concession or incentive would be contrary to State or Federal law.
E. Consideration of Request for Waivers. The City shall grant a waiver requested by the applicant, unless the City makes a written finding, based on substantial evidence, of either of the following: [Source: NEW]
1. The waiver would have a specific, adverse impact on health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
2. The requested waiver would have an adverse impact on any real property that is listed in the State Register of Historical Resources.
3. The waiver would be contrary to State or Federal law.
F. Requirements for Density Bonus Agreement. [Source: NEW]
1. The density bonus agreement shall include the following items:
a. The total number of units including restricted units approved for the housing development, the number of density bonus units granted, and the number, type, location, unit size (square footage), number of bedrooms, tenure of restrictions and affordability, and level of affordability of restricted units. b. Standards for determining affordable rent or affordable ownership cost for the restricted units.
c. A schedule for completion and occupancy of restricted units in relation to construction of nonrestricted units.
d. A description of any incentive, concession, waiver, modification, or revised parking standard being provided by the City.
e. Provisions to ensure affordability of the restricted units, including but not limited to, and where applicable, tenure and conditions governing the initial sale of for-sale restricted units.
f. Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants and prospective purchasers, setting rental rates, filling vacancies, and operating and maintaining units for rental restricted units. g. 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.
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h. The required term setting forth the duration of the density bonus agreement, which shall be at least 55 years for affordable units designated as rental housing, and 45 years for affordable units designated as for-sale units. i. Other provisions to ensure implementation and compliance with this article and Government Code Section 65915-65918.
2. Execution and Recording.
a. The density bonus agreement approved by the City shall be executed by the applicant, property owner, or other person authorized to impose covenants, conditions, and restrictions on the property and the proposed housing development.
b. Before issuance of a Building Permit, the density bonus agreement shall be recorded against the property in the Official Records of the County to ensure the housing development shall comply with the affordability covenants for the duration of the density bonus agreement term.
3. Development and Operation.
a. The affordable units within a housing development that approved under this Chapter shall be constructed concurrently with the unrestricted units, except as specifically established in the density bonus agreement. b. Residents of the affordable units shall be entitled to use all of the same amenities within the housing development.
c. The number of bedrooms of the affordable units shall be proportional to the number of bedrooms in the unrestricted units of the housing development. d. The exterior appearance of the affordable units shall be of the same design and appearance as the overall housing development by having the same structure form, exterior construction materials, roof form, siding and trim, and window placement and type.
e. Housing developments shall comply with all applicable development standards, except those that may be modified as provided by this Chapter. In addition, all units in housing developments subject to this Chapter shall comply with all applicable State Building Standards Codes, including but not limited to residential and fire code requirements.
f. No Building Permit shall be issued, nor any development approval granted, for any improvements within a housing development subject to this Chapter which do not meet the requirements of this Section.
g. No affordable unit shall be rented or sold except in compliance with this Chapter and the recorded density bonus agreement.
h. The entry into and execution of a density bonus agreement shall be a condition of any application for a discretionary land use permit, including but not limited to subdivision maps, site plans, and Conditional Use Permits (Chapter 9.225), for a housing development proposed under this Section.
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9.130.070 Severability
If any provision of this Section or the application thereof to any person or circumstance is held invalid, the remainder of the Chapter and application of the provisions to other persons not similarly situated or to other circumstances shall not be effected thereby. [Source: NEW] Wireless Telecommuncations
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Chapter 9.135
Wireless Telecommuncations
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Chapter 9.135 Wireless Telecommunications
Sections
9.130.010 Purpose and Intent
9.130.020 Authority and Conflicts
9.130.030 Eligibility and Types of Bonuses and Incentives
9.130.040 Waivers
9.130.050 Parking
9.130.060 Application Submittal and Processing
9.130.070 Severability
9.135.010 Purpose and Applicability
A. Purpose. The purpose of this Chapter is to establish standards for antennas and wireless telecommunications facilities. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless telecommunications service providers in accordance with Federal and State rules and regulations (Telecommunications Act of 1996). These regulations also intend to protect neighbors from potential adverse impacts of such facilities, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. [Source: NEW] B. Applicability. The standards of this Chapter shall apply to any wireless telecommunication facilities, antennas, and structures for which land use approval is required, except for those facilities specified in Section 9.130.020 (Exemptions). [Source: NEW]
9.135.020 Exemptions
Each exempt facility listed in this Section shall fully comply with all other applicable requirements of the Municipal Code to the extent not specially exempted in this Section, including but not limited to the adopted California safety codes, including, California Building Standards Code (Title 24), Electrical Code, Plumbing Code, Mechanical Code, and Fire Code. [Source: NEW] A. The requirements of this Chapter do not apply to antennas or antenna structures established in this Section, unless otherwise noted in this Chapter. [Source: NEW] B. Over-the-Air Reception Devices (OTARD) Antennas. [Source: NEW]
1. Satellite Dishes 39.37 Inches (one meter) or Less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter and are either:
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a. Intended for the sole use of a person occupying the same lot to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite; or b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
2. Non-Satellite Dishes 39.37 Inches (one meter) or Less. Non-satellite dish antennas measuring one meter or less in diameter and are either:
a. Intended for the sole use of a person occupying the same lot 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
b. A hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services.
3. Television Broadcast System (TVBS) Antennas. TVBS antennas are exempt provided that all the following are true:
a. The antenna is located entirely on and/or above the subject property; and b. No portion of any ground-mounted antenna is within a required front setback for the primary structure, in front of the primary structure, within a required side setback of a corner lot, or adjacent to a street.
C. Satellite Earth Station (SES) Antennas. SES antennas measuring two meters or less in diameter located on a property within any commercial or industrial zoning district that comply with all the following provisions. SES antennas are not exempt from obtaining a Building Permit for review of placement to ensure that maximum safety is maintained.
1. The antenna is located entirely on and/or above the subject property; and
2. No portion of any ground-mounted antenna is within a required front setback for the primary structure, in front of the primary structure, within a required side setback of a corner lot or adjacent to a street.
D. Amateur Radio Antennas. Antennas and antenna structures constructed by or for FCClicensed amateur radio operators that comply with all the following provisions. Such an antenna or antenna structure is not exempt from obtaining a Building Permit for review of placement to ensure that maximum safety is maintained.
1. The antenna structure, when fully extended, measures 35 feet or less in height, and measures 24 inches or less in diameter or width;
2. The antenna boom measures 20 feet or less in length and is three inches or less in diameter;
3. No antenna element exceeds 32 feet in length or two inches in diameter or width, except for mid-element tuning devices which shall not exceed six inches in diameter or width; and
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4. The turning radius of any antenna does not exceed 26 feet.
5. All antennas and antenna structures shall comply with Section 9.130.060 (General Development Standards), and other applicable provisions of the Municipal Code.
E. Public Safety Facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public or semipublic use.
F. Temporary Mobile Facilities. Mobile facilities placed on a site for less than seven consecutive calendar days, provided any other necessary permits are obtained.
G. Co-location Facilities. A proposed co-location facility that meets all of the requirements of California Government Code Section 65850.6.
H. Emergency Facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Police Chief or City Manager, so long as the facility is removed at the conclusion of the emergency.
9.135.030 Permits Required
Telecommunication facilities, antennas, and structures shall obtain the following applicable permits unless exempt under Section 9.130.020 (Exemptions). [Source: NEW] A. If the facility, antenna, or structure will be located in the public right-of-way, the following permits are required. [Source: NEW]
1. Encroachment Permit.
a. An Encroachment Permit shall be required for any facility located within the public right-of-way other than a qualifying Federal Communications Commission (FCC) Section 6409(a) Modification. Applications for facilities within the public right-of-way are subject to review and approval by the City Engineer. An Encroachment Permit for a facility shall only be approved if the facility is in compliance with the applicable general development standards in Section 9.135.060 (General Development Standards) within the public rightof-way. The processing of an Encroachment Permit for purposes of a wireless telecommunications facility shall be subject to full cost recovery for City staff time processing the permit.
b. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property for the purposes of constructing a wireless telecommunications facility.
2. Permitted by Right. Any Section 6409(a) modification is an allowed permitted by right use. If the Section 6409(a) modification is within the public right-of-way the facility may be subject to review and approval by the City Engineer.
3. License. A license entered into with the City shall be required for use of any Cityowned property within the public right-of-way.
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4. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
B. Encroachment Permit for Construction. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on city-owned public property.
Private Property and Public Property (excluding public right-of-way).
1. Design Review. Design Review is required for the following facilities:
a. A monopole or any other antenna structure constructed by or for an FCClicensed amateur radio operator which, when fully extended, is between 35 and 60 feet in height, and/or has a turning radius exceeding 26 feet (when the antennas are rotated).
b. A wireless telecommunications facility other than a Section 6409(a) modification, or an application for a small wireless facility collocation.
2. Minor Use Permit. A Minor Use Permit (Chapter 9.220) shall be required for any wireless telecommunications facility that is a small wireless facility involving a new or replacement structure or that involves the collocation of a personal wireless services facility that is not a Section 6409(a) modification. The Director shall administratively review, process, conditionally approve or deny an application for a Minor Use Permit in accordance with the procedures established in Chapter 9.225 (Minor Use Permit).
3. Design Review Exception. No Design Review (Chapter 9.215) shall be required for a Section 6409(a) modification.
4. Conditional Use Permit. A Conditional Use Permit (Chapter 9.225) is required for the installation of:
a. An amateur radio antenna that is not exempt under this Chapter, when fully extended, exceeds 60 feet in height.
b. Any large wireless telecommunications facility, monopole, or any other antenna structure constructed by or for a personal wireless services provider, not otherwise covered in this Section.
c. Building Permit. A Building Permit shall be required for any wireless telecommunications facility or modification thereof, unless it is specifically exempted.
d. Encroachment Permit. An Encroachment Permit shall be required for accessing, working, or staging within the public right-of-way or on City-owned public property.
e. License/Lease. A lease or license entered into with the City shall be required for any facility located within or upon City-owned public property.
5. Temporary Use Permit. A Temporary Use Permit (Chapter 9.230) is required for the installation of any wireless telecommunications facility intended or used to provide personal wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a single location or following a duly proclaimed local or state emergency as defined in Government Code Section Division 4 – Standards For Specific Land Uses Chapter 9.135 Council Hearing Draft – October 2026
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8558 requiring additional service capabilities for a period not to exceed 90 consecutive calendar days.
9.135.040 Application Submittal Requirements
An applicant seeking approval for a wireless telecommunications facility or a modification to a preexisting wireless telecommunications facility in accordance with this Chapter shall complete and submit an application to the Planning Department for review and processing, upon the approved form. [Source: NEW]
9.135.050 Findings
In addition to the required findings for the applicable permit under Division 6 (Application Processing Procedures), the Review Authority responsible for reviewing an entitlement permit in accordance with this Chapter may approve the permit only upon making one of the following findings: [Source: NEW] A. Any and all applicable requirements in this Chapter have been satisfied; or B. To the extent the proposed wireless telecommunications facility does not comply with all applicable requirements, the applicant has requested an exception in accordance with Section
9.130.080 (Exceptions) and the findings for granting an exception can be made.
9.135.060 General Development Standards
A. General Development Standards. Each wireless telecommunications facility located on private property shall be designed, installed, and operated in compliance with these development standards, unless specifically stated otherwise in this Section. [Source: NEW]
1. Location Requirements.
a. Limitation. No more than one monopole or any other antenna structure is permitted on any lot.
b. Airport Safety Zones. A wireless telecommunications facility shall not be installed within designated Airport Safety Zones Palm Springs International Airport, as identified in the General Plan, or for any other airport or heliport, unless the Airport Operator and the Airport Land Use Commission indicate in writing that the facility would not adversely impact airport operations. c. Co-location. Facilities owned by multiple wireless telecommunications providers shall be collocated on a single tower, monopole or structure to the extent technically feasible and aesthetically desirable to minimize proliferation and visual impacts of new facilities.
d. Visibility from Public Places.
i. A wireless telecommunications facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to be effectively unnoticeable within the existing natural and/or manmade environment.
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ii. The smallest and least visible antennas possible should be installed, which will reasonably accommodate the operator’s communication needs.
iii. The City shall retain the authority to limit the number of antennas and related equipment at any site to minimize potential visual impacts e. Setbacks. A wireless telecommunications facility and any related groundmounted equipment shall not be located in the front or street side setback of any lot, or within 200 feet of a lot with a residential use. The 200-foot linear measurement shall be taken from the base of any antenna structure, any structure that is supporting antennas, and/or any ground-mounted support equipment to the nearest property line of the residential use.
2. Screening and Design Requirements.
a. Antennas. Antennas, antenna structures, and related equipment shall incorporate architectural, landscape, color, and/or other treatments to minimize potential visual impacts.
b. Natural Appearance. Ground-mounted facilities shall be screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree such as a Date Palm, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.
c. Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, sky blue, light gray etc.) and, to the extent possible, compatible with the appearance and character of surrounding land uses.
d. Glare. All exterior surfaces of the facility shall be constructed or treated with nonglare and non-reflective material.
e. Blending with Architecture. Building-mounted antennas shall be in scale and architecturally integrated with the structure design in such a manner as to be visually unobtrusive. This shall include use of complementary materials and complementary colored paint. Screening may include locating the facility or equipment within attics, steeples, cupolas, and towers or within a new architectural addition to a building or structure which is architecturally compatible with the structure. Applicants are also encouraged to design wireless telecommunications facilities to serve as public art, particularly those in commercial, office, or mixed-use zoning districts.
f. Specific Plan Areas. Within any specific plan area, all wireless telecommunications facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside attic spaces, steeples, cupolas, towers, below parapets, or concealed in architectural features.
g. Exterior Lighting. Exterior lighting is limited to:
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i. One exterior light with a maximum wattage of 100 watts over a door to equipment sheds. Light fixtures shall be equipped with cutoff lenses to minimize spill-over of light to adjacent properties; and ii. Other lights required by the Federal Aviation Administration (FAA) for communications facilities within designated Airport Safety Zones for Palm Springs International Airport.
h. Wall- and Structure-Mounted Facility Dimension Standards. i. Roof-Mounted Antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna.
ii. Wall-Mounted Antennas. Wall-mounted antennas shall not exceed a total of 50 square feet per structure face.
i. Unauthorized Access. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.
j. Noise Standards. Each facility shall be operated in such a manner to minimize any noise impacts. The maximum noise generation limit for communications facilities and transmission equipment is 50 decibels (measured on the CNEL scale) measured 10 feet from any noise-generating use on the site. Final building plans for new and remodeled facilities shall include a letter from a qualified acoustical engineer certifying that building plans comply with this standard.
k. Height. A wireless telecommunications facility, whether structure- or groundmounted, shall be no taller than 12 feet above the maximum allowed height limit of the primary structure in the zoning district in which the facility is located. l. Equipment Shelters/Appurtenant Structures. All accessory equipment associated with the operation of the wireless telecommunication facility shall be located within a structure, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.
m. Undergrounding. Extensions of electrical and telecommunications landlines to serve wireless telecommunications facilities shall be undergrounded. n. Signs. Wireless telecommunications facilities shall include the installation of all-weather emergency information signs on-site in a reasonably visible location. Each sign shall indicate, at minimum, the site address and a 24-hour emergency contact phone number.
o. Service Roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City.
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p. Compliance with Laws. All wireless telecommunications facilities shall comply with the applicable provisions of this Chapter as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code, and rules and regulations imposed by State and Federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the FCC, California Public Utilities Commission (CPUC), and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 calendar days of the effective date of such standards, unless otherwise mandated by the Federal or State agency. Changes to approved projects are subject to review and approval by the Director or other applicable City decision-making body.
Failure to comply with adopted new State or Federal requirements shall be grounds for permit revocation in accordance with Section 9.135.140 (Revocation).
q. Public Health. No wireless telecommunications facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. i. No facility or combination of facilities shall produce, at any time, power densities in any inhabited area that exceed the FCC’s maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, County, State, or Federal government.
ii. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this Chapter shall be grounds for the City to immediately terminate any permit granted under this Chapter, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the city.
B. Special Provisions for Amateur Radio Antennas and Antenna Structures. In addition to the general development standards in this Section, amateur radio antennas and antenna structures shall comply with the following standards: [Source: NEW]
1. Height. The minimum height and size necessary to reasonably accommodate the operator’s communication needs, in accordance with FCC regulations as established in FCC Order “PRB-1.”
2. Retractable monopoles may be required for antenna structures over 35 feet in height which are in or within 200 feet of a lot with a residential use. The City may require that, at times when not in operation, the monopole be retracted to the lowest elevation possible to maintain a safe clearance above any nearby building, accessory structure, overhead utility, landscaping, and/or any other site improvements.
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9.135.070 Nonconforming Provisions
Any wireless telecommunications facilities existing before the adoption of this Code that are nonconforming to the provisions of this Chapter may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated or modified in a way that increases nonconformance with this Chapter, unless otherwise allowed by Federal law. [Source: NEW]
9.135.080 Exceptions
A. The City Engineer, Director, or other Review Authority considering the permit application may grant exceptions to the design and location standards for wireless communications facilities subject to this Chapter if it is determined that the denial of an application or strict adherence to the location and design standards would: [Source: NEW]
1. Prohibit or effectively prohibit the provision of personal wireless services, within the meaning of Federal law; or
2. Otherwise violate applicable laws or regulations; or
3. Require a technically infeasible location, design, or installation of a wireless facility;
4. Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits.
B. If the applicant requests an exception and the review authority considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design, installation, or minor nonconformance.
9.135.090 Standard Conditions of Approval
The City Engineer, Director, or other Review Authority considering the permit application under this Chapter shall have discretion to modify, supplement, waive, or amend these conditions on a case-bycase basis as necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the purpose of this Chapter. [Source: NEW]
A. Permit Term. Any permit for a wireless communications facility will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the permit issuance date, except when California Government Code Section 65964(b) authorizes the City to issue a permit with a shorter term.
B. Code Compliance. The permittee shall maintain compliance with all applicable Federal, State, and local laws and regulations.
C. Inspections – Emergencies. The City or its designee shall be allowed into the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
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D. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address, and email address for at least one contact person All contact information for responsible parties shall be provided to the Director upon permittee’s receipt of the Director’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Director upon that person’s verbal request.
E. Indemnities.
1. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify, and hold harmless the City, its agents, officers, officials, and employees from:
a. Any and all damages, liabilities, injuries, losses, costs and expenses, and from any and all claims, demands, lawsuits, writs of mandamus, and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void, or annul the City’s approval of the permit; and
b. Any and all damages, liabilities, injuries, losses, costs and expenses, and any and all claims, demands, law suits or causes of action, and other actions or proceedings of any kind or form, whether for personal injury, death, or property damage, arising out of or in connection with the activities or performance of the permittee or private property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors.
2. Permittees shall be strictly liable for interference caused by their facilities with the City’s communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference.
3. In the event the City becomes aware of any such actions or claims, as mentioned in this Subsection, the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.
F. Adverse Impacts on Adjacent Properties. The permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.
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G. General Maintenance. The site and facility, including but not limited to all landscaping, fencing, and related transmission equipment, shall be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.
H. Graffiti Removal. All graffiti on facilities shall be removed at the sole expense of the permittee within 48 hours after notification from the City.
I. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
J. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
1. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued;
2. A certificate of occupancy has been issued;
3. The facility is constructed or modified as approved and in operation; or
4. The build-out period is extended by the review authority which originally approved the permit.
K. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
L. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on Saturdays, Sundays, and Federally recognized holidays.
M. Utilities Undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be underground.
N. Encroachment. Permittee shall obtain an Encroachment Permit for any work, staging, operations, or construction access in the public right-of-way or on City-owned public property.
The permit shall require the applicant to comply with, but not be limited to, the following requirements:
1. Hours of operation within the public right-of-way or easement shall be restricted to 8:30 a.m. to 4:30 p.m. on weekdays only.
2. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project.
3. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles.
4. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
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5. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).
6. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
7. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
8. The contractor shall be responsible for repairing any damage to City property and to restore City property to any applicable City standards.
9. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
O. Other Approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with Federal, State, and local laws, rules, and regulations.
P. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
Q. Performance and Maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles, and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.
R. Conflicts with Improvements. For all wireless telecommunications facilities located within the public right-of-way, the permittee shall remove or relocate, at their own expense, any or all of its wireless telecommunications facilities when such removal or relocation is deemed necessary by the City by reason of any change of grade, alignment, or width of any public rightof-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, public right-of-way improvements, or for any other construction, repair or improvement to the public right-of-way.
S. City Access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, before disabling or removing wireless telecommunications facility elements.
T. Collocation. Where the wireless telecommunications facility site can accommodate a collocation upon the same site, the owner and operator of the facility shall allow another carrier to collocate its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.
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U. Interference. To the extent allowed under applicable Federal rules and regulations, the operator of a wireless telecommunications facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a Federal agency with jurisdiction over such matters finds that a facility is operating in violation of Federal standards, the permittee shall promptly provide the Director, or City Engineer as applicable, with a copy of any notice of such violation issued by any Federal agency and shall notify the Director or City Engineer once the facility comes back into compliance with applicable standards.
V. Discontinuance of Use. Antennas, support structures, and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless telecommunications facility operating under a Conditional Use Permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the Planning Department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures, and related equipment within 90 calendar days of the discontinuation of the use.
W. Compliance Verification. No later than 12 months after commencing operation of the facility or issuance of a Certificate of Occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, State, and Federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans.
These reports shall be submitted and reviewed by the Director or City Engineer as applicable within five working days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this Chapter.
9.135.100 Conditions of Approval for Section 6409(a) Modifications A. Required Findings. A Section 6409(a) modification is permitted by right by the Director and the City Engineer for facilities in the public right-of-way only upon finding that the proposed Section 6409(a) modification: [Source: NEW]
1. Meets all applicable criteria for an eligible facilities request stated in 47 C.F.R. §§
1.6100(b)(3) through (9), or any successor provisions, after application of the definitions in 47 C.F.R. § 1.6100(b). The Director or City Engineer, shall make an express finding for each criterion;
2. 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
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3. Will comply with all generally applicable laws.
B. Effect on Existing Conditional Use Permit. Notwithstanding any other requirement of the Municipal Code, the Director for private and public property and the City Engineer for facilities in the public right-of-way shall Section 6409(a) modification as by-right, even if issuance would have the effect of amending an existing Conditional Use Permit.
C. Conditions of Approval for Section 6409(a) Modifications. Section 6409(a) modifications are subject to the following conditions, unless modified by the Director for private and public property and the City Engineer for facilities in the public right-of-way:
1. No Permit Term Extension. The City’s grant or grant for a Section 6409(a) modification constitutes a Federally mandated modification to the underlying permit or approval for the subject tower or base station. The City’s grant or grant for a Section 6409(a) modification will not extend the permit term for any permit or 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.
2. No Waiver of Standing. The City’s grant or grant by operation of law of a Section 6409(a) modification does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) modification.
3. Conditions of Underlying Permit. Section 6409(a) modifications shall be subject to the terms and conditions of the underlying permit for the existing tower or base station.
4. Code Compliance. The permittee shall maintain compliance with all applicable federal, state and local laws, regulations and other rules.
5. Inspections – Emergencies. The City or its designee may enter the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.
6. Contact Information for Responsible Parties. The permittee shall maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Director for private and public property and the City Engineer for facilities in the public right-of-way upon permittee’s receipt of the Director’s or City Engineer’s written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Director or City Engineer, as applicable, upon that person’s verbal request.
7. RF Exposure Compliance. All facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but before unattended operations of the wireless telecommunications facility, permittee or its representative shall provide the Director or City Engineer, as applicable, Division 4 – Standards For Specific Land Uses Chapter 9.135 Council Hearing Draft – October 2026
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documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.
8. Build-Out Period. This permit shall lapse 12 months after its date of approval unless one of the following has occurred:
a. A Building Permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A Certificate of Occupancy has been issued; or
c. The facility is constructed or modified as approved and in operation; or d. The build-out period is extended by the city authority which originally approved the permit.
9. Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.
10. Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
11. Utilities undergrounded. Extensions of electrical and telecommunications land lines to serve the wireless telecommunications facility shall be undergrounded where existing land lines serving the facility are underground.
12. Encroachment. Permittee shall obtain an encroachment permit for any work, staging, operations, or construction access in the public right-of-way or on city-owned public property. The permit shall require the applicant to comply with, but not be limited to, the following requirements:
a. Hours of work within the public right-of-way or easement shall be restricted to between 8:30 a.m. to 4:30 p.m. weekdays.
b. The contractor shall be responsible for keeping mud and other debris off the public right-of-way within and adjacent to the project. c. The public right-of-way shall not be used to store materials or to park construction equipment, trailers or other such vehicles. d. The contractor shall submit a traffic control plan for any lane closures or operations within the public right-of-way.
e. The contractor shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES).
f. Deliveries to staging areas and the construction site shall be restricted to between 8:30 a.m. and 4:30 p.m. weekdays.
g. The contractor shall obtain approval in writing from the City Engineer before commencing work in the public right-of-way on weekends or holidays.
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h. The contractor shall be responsible for repairing any damage to city property and to restore city property to city standards.
i. The contractor shall be responsible for paying any permit and/or inspection fees, as applicable.
13. Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.
14. Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter.
D. Effect of Repeal of Section 6409(a). This Section shall become null and void if P.L. 112-96, Section 6409, is rescinded.
9.135.110 Timing of Review
The City shall advise the applicant if an application is incomplete in accordance with applicable State and Federal timelines for action. [Source: NEW]
9.135.120 Peer Review
The Director considering the relevant permit issued in compliance with this Chapter may require the application, proposed findings, and conditions of approval to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. [Source: NEW]
9.135.130 Decision
A. The Director shall provide the applicant with written notice of its decision. A denial of an application under this Chapter shall be supported by substantial evidence and comply with the following: [Source: NEW]
1. Cannot be based on the environmental effects of radio frequency (RF) emissions if the facility complies with the FCC’s RF regulations; and
2. Cannot violate State or Federal law.
3. The denial of a application for a Section 6409(a) modification shall be made without prejudice.
B. Timing of Decision. The City shall make its final decision on a complete wireless telecommunications facility application and issue all required accessory permits within the applicable State and Federal timelines for action.
C. Denial of an Incomplete Application.
1. To promote efficient review and timely decisions, any application governed under this Chapter may be denied without prejudice by the City Engineer or Director when the applicant fails to tender a substantive response to the City within 120 calendar days after the City Engineer or Director deems the application incomplete in a written notice to the applicant.
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2. The City Engineer or Director, may grant a written extension for up to 30 calendar days when the applicant submits a written request before the 120-day period that shows good cause to grant the extension. Good cause for an extension shall include, but is not limited to, delays due to circumstances outside the applicant’s reasonable control.
9.135.140 Revocation
A. General Requirement. Permittees shall fully comply with all conditions related to any permit or approval granted under this Chapter. Failure to comply with any applicable standard of this Chapter shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council in accordance with Chapter 9.295 (Appeals and Calls for Review). [Source: NEW] B. Removal, Repair, and Restoration. If the permit is revoked in compliance this Section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed before the facility’s installation or as required by the City within 90 calendar days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility’s removal and site restoration. [Source: NEW]
C. Storage. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such storage. The City may, in lieu of storing the removed facility, convert it to the City’s use, sell it, or dispose of it in any manner deemed appropriate by the City. [Source: NEW]
9.135.150 Appeal
A. A decision of the Director or Planning Commission on a Conditional Use Permit or Minor Use Permit, as applicable, may be appealed to the City Council in compliance with Chapter 9.300 (Appeals and Calls for Review). [Source: NEW]
B. A decision of the City Engineer concerning an Encroachment Permit for a wireless telecommunications facility may be appealed in accordance with Chapter 9.295 (Appeals and Calls for Review), subject to the following modifications: [Source: NEW]
1. The time for filing a notice of appeal shall be five calendar days;
2. The hearing shall be held within 21 calendar days of the date the notice of appeal is filed; and
3. The decision of the City Manager is final upon issuance and not appealable to City Council.
C. Decisions for a Section 6409(a) modification shall be final and may not be appealed. [Source:
NEW]
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