Cities Index.
Agenda packet

Coronado City Council
April 9, 2024

Document
Agenda packet
Meeting
April 9, 2024
Body
Coronado City Council
Pages
208
Original file
113.0 MB
Text extracted from the city's file for reading and search. Open the original on coronado.primegov.com. That file is the official record.

The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.39.060 Amendment.

The TOZ may be amended, repealed, or modified only by majority vote of the voters of Coronado voting at an election thereon.

86.39.070 Severability.

If any provision of this chapter shall be found invalid by a court of law, said determination shall not affect the remaining portions of this chapter which shall remain in full force and effect. The initiative measure codified in this chapter shall, if passed by the voters, or enacted by the City Council, become effective according to law. For purposes of determining qualification for exception pursuant to CMC 86.39.050 only, the effective date of the initiative measure codified in this chapter shall be deemed to be the date upon which the measure codified in this chapter passed at the polls or was enacted by the City Council, whichever occurs first.

Attachment 5
City of Coronado Page 752
Coronado Municipal Code
Chapter 86.42 R-PCD – RESIDENTIAL, PLANNED

COMMUNITY DEVELOPMENT ZONE

Page 102 ends

The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.42
R-PCD – RESIDENTIAL, PLANNED COMMUNITY DEVELOPMENT ZONE Sections:

86.42.010 Purpose and intent.

86.42.020 Precise development plan (PDP).

86.42.030 Nonresidential uses.

86.42.040 Planning Commission and City Council action.

86.42.050 Minimum standards.

86.42.055 Housing Element Opportunity Sites

86.42.060 Development landscaping required.

86.42.010 Purpose and intent.

The purpose and intent of the R-PCD Zone regulations contained in this chapter are to provide for orderly, comprehensively planned residential development, including related open space and accessory community services consisting of desirable recreational and commercial facilities, as well as maintenance and operational facilities essential to the development. Such residential land development normally requires deviation from the normal zoning regulations and standards regarding lot size, yard requirements, bulk and structural coverage in an effort to maximize the benefits accruing to the citizens of the City especially for the preservation of site, view and physical access. (Ord. 1482)

86.42.020 Precise development plan (PDP).

Prior to any development occurring on any property designated R-PCD on the zoning map, the property owner or his authorized representative shall submit to the Community Development Department a precise development plan (PDP) prepared by a licensed engineer or architect which shall include the following information:

A. Legal description and boundary survey map of the exterior boundaries of land to be developed; B. A topographic map indicating anticipated grading or fill areas and all groupings of existing trees and other natural features. A topographic map shall indicate two-foot contour intervals; C. A preliminary report describing provisions for storm drainage, sewage disposal, water supply and other utilities and their location;
D. The number of dwelling units proposed by type of dwelling. This may be stated as a range with maximum and minimum number of units of each type;
E. The approximate total population anticipated in the entire development; F. The proposed standards of height, number of stories, open space, structural coverage, pedestrian and traffic circulation and number of dwelling units per acre of residential development; G. Pertinent social or economic characteristics of the development such as school enrollment, residents, employment, etc.;
H. The location, area, and type of sites proposed for public and private open space, recreational facilities, and schools (if any). For purposes of this section, open space may include, but is not limited to, swimming pools, pedestrian walkways, bicycle paths, boardwalks, driveways, arbors or shade structures designed as an integral part of the site’s landscaping. Open space shall not include dedicated or private streets, structures used for residential, commercial, professional or operational maintenance purposes, covered or uncovered required parking area or garages, but these must be shown on the precise development plan; I. The anticipated time for each phase, if any, of the development, including approximate starting and completion dates;
Attachment 5
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Chapter 86.42 R-PCD – RESIDENTIAL, PLANNED

COMMUNITY DEVELOPMENT ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

J. Offers to dedicate those areas shown on the precise development plan as “public access area” in a form acceptable to the City Attorney.

86.42.030 Nonresidential uses.

For the commercial, commercial recreational or other nonresidential development portion of any proposed R-PCD Zone development, the following information is required:

A. Types of uses proposed in the entire area;
B. Anticipated total number of persons employed; may be stated as a range; C. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by such proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other forms of air pollution, heat, cold, dampness, electrical or other disturbances, glare, or other substance or element which might adversely affect the surrounding area; D. The proposed standards of height, number of stories, open space, buffering, pedestrian and traffic circulation, offstreet parking and loading.

86.42.040 Planning Commission and City Council action.

The Planning Commission and City Council shall act upon the precise development plan in the manner prescribed by Chapter 86.55 CMC relating to special use permits. (Ord. 1956 § 18, 2004)

86.42.050 Minimum standards.

The following minimum development standards shall apply to any project in the R-PCD Zone:

A. All utility distribution facilities within the boundaries of the zone shall be located underground.

B. Off-street parking requirements shall be in accordance with the off-street parking performance standards of this title.

C. Design review shall be required in conformance with the provisions of this code.

D. In order to protect and preserve the scenic view of San Diego Bay and the metropolitan skyline beyond, and in order to provide for public access through the property identified in the General Plan as R-PCD, and in order to provide a buffer between more intense residential use and adjacent less intense residential use as identified in the General Plan, the precise development plan shall indicate the methods used to protect, provide or preserve such view and access.

E. No building or structure hereafter erected or structurally altered shall exceed 40 feet. (Ord. 1482) F. For a project that creates one or more new dwelling units on a development site, the minimum density is 16 dwelling units per acre.
(Ord. 1482)
Attachment 5
City of Coronado Page 754
Coronado Municipal Code
Chapter 86.42 R-PCD – RESIDENTIAL, PLANNED

COMMUNITY DEVELOPMENT ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.42.055 Housing Element Opportunity Sites
The standards in this section apply to 1515 Second Street (APN 5361101700) and 149 A Avenue (APN 5361101900) as shown in Figure 86.42-1.

Figure 86.42-1: Housing Element Opportunity Sites
A. Development Standards. The following standards apply to residential development that provides on-site affordable units (number of units and affordability levels) specified in Chapter 82.21 CMC. The minimum number of affordable units is calculated as the percentage of newly constructed units.

1. Minimum Lot Area per Unit: 726 square feet, calculated with both new and existing units.

2. Maximum Height: 5 stories and 50 feet, except that a street-facing building wall shall not exceed three stories within 50 feet of Fir1st Street and 2Second Street west of Soledad Place. See Figure 86.42-2.

3. Minimum Property Line Setbacks: None, except for minimum 10-foot setback from property lines abutting A Avenue and 1st Street and 2nd Street west of Soledad Place. See Figure 86.42-2.

Figure 86.42-2: Height and Setback Standards
Attachment 5
City of Coronado Page 755
Coronado Municipal Code
Chapter 86.42 R-PCD – RESIDENTIAL, PLANNED

COMMUNITY DEVELOPMENT ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

H. Precise Development Plan Amendment. A proposed housing development project that includes at least 20 percent of its units as affordable to lower income households is required to apply for design review and an amendment to the adopted precise development plan for the project site. Design review shall be conducted by the Design Review Commission and shall be processed as provided in Coronado Municipal Code Section 80.00.040.

Following design review approval, the Director of the Community Development Department shall approve the precise development plan amendment provided that the project complies with all applicable, objective development standards unless a preponderance of the evidence supports making one of the findings specified in subdivision (d) of Government Code Section 65589.5.

86.42.060 Development landscaping required.

A minimum of 35 percent of the total site area of new residential developments and 15 percent of the total site area of new commercial developments (in both cases excluding waterways, and required streets and sidewalks) shall be landscaped. Required parking spaces shall not be considered as a portion of the required landscaping. (Ord. 1586) Attachment 5
City of Coronado Page 756
Coronado Municipal Code
Chapter 86.44 S-H – SCENIC HIGHWAY OVERLAY
ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.44
S-H – SCENIC HIGHWAY OVERLAY ZONE
Sections:

86.44.010 Purpose and intent.

86.44.020 Permitted uses.

86.44.030 Prohibited uses.

86.44.040 Prohibited signs.

86.44.050 Regulation of permitted uses.

86.44.060 Height regulations.

86.44.070 Site plan required.

86.44.080 Application for site plan approval.

86.44.090 Review of site plan approval applications.

86.44.100 Approval, disapproval of site plan.

86.44.110 Building permit pursuant to site plan.

86.44.120 Waiving requirements.

86.44.130 Modification of site plan.

86.44.140 Expiration of site plan – Extension.

86.44.150 Grading.

86.44.160 Boundaries.

86.44.010 Purpose and intent.

To assist in the implementation of the Scenic Highway Element of the General Plan, this chapter provides regulations that apply within the boundaries of a scenic highway corridor adjacent to a scenic highway designated by the State of California and the City. The regulations are designed to eliminate unsightly conditions which may distract or impair the safety of highway users, to protect views from scenic highways and to retain unusual and attractive natural and manmade features within the scenic corridor. The S-H Overlay Zone provisions will overlay the provisions of the underlying basic zone. The provisions of this chapter shall govern where there is a conflict or where there is no underlying City zone for the area.

86.44.020 Permitted uses.

The following shall be allowed in the S-H Overlay Zone:

A. Uses permitted in the underlying zone classification of the land except those that are expressly prohibited by this chapter;
B. Informational, directional or historical markers, shelters or kiosks regarding directions, points of interest of historical or environmental significance, noncommercial in nature, and combined with automobile turnout facilities; C. Emergency public telephones combined with automobile turnout facilities; and D. Within the Wildlife Preserve (Modifying) Zone, those uses permitted by that overlay zone.

86.44.030 Prohibited uses.

The following shall not be allowed in the S-H Overlay Zone:

A. Junkyards, dumps, or auto dismantling yards;
B. Shipyards, including boat building or repair; and
C. Any other use which is determined by the Planning Commission to be of the same general character of other prohibited uses and whose presence would similarly conflict with the intent of this zone.

86.44.040 Prohibited signs.

The following shall not be allowed in the S-H Overlay Zone:

Attachment 5
City of Coronado Page 757
Coronado Municipal Code
Chapter 86.44 S-H – SCENIC HIGHWAY OVERLAY
ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

A. Off-premises outdoor advertising signs, structures or displays; B. Temporary signs such as banners, pennants, streamers or posters; C. Animated, revolving, or rotating signs; and
D. Freestanding signs.

86.44.050 Regulation of permitted uses.

A. Every business and commercial use of whatever nature shall be consistent with the intent of this title.

B. On-premises signs for business and commercial uses shall be limited to an aggregate area of 25 square feet per use or to the standard required by the underlying zone, whichever is more restrictive.

86.44.060 Height regulations.

No building or structure hereafter erected or structurally altered shall exceed 40 feet in height, or the standard required by the underlying zone, whichever is more restrictive. (Ord. 1482)

86.44.070 Site plan required.

Prior to the issuance of any building permit or commencement of any construction of any building or structure, except one- and two-family dwellings and structures appurtenant thereto which meet all requirements of this chapter, a site plan of the proposed development shall be reviewed and approved by the Planning and Design Review Commissions.

86.44.080 Application for site plan approval.

Applications for site plan approval shall be submitted to the Community Development Department and shall be accompanied by such maps, plans, drawings, and sketches as are necessary to show:

A. Boundaries and existing topography of the property and adjoining or nearby streets; B. Location and height of all existing buildings and the proposed disposition or use thereof; C. Location, height, proposed use of all proposed structures, including walls, fences and location and extent of individual building sites;
D. Location and dimensions of ingress and egress points, interior roads, and driveways, parking areas, and pedestrian walkways;
E. Location and proposed treatment of important drainage ways; F. Proposed grading and removal or placement of natural materials, including finished topography of the site; and G. Proposed landscaping plan.

86.44.090 Review of site plan approval applications.

The Planning and the Design Review Commissions shall review applications for site plan approval and in carrying out such review, the Planning Commission shall consider whether the proposed uses and development design would be consistent with the intent of the S-H Overlay Zone, and the Design Review Commission shall consider, but not be limited to, the following criteria:

A. All elements of the proposed development shall be consistent with the intent and all requirements of the S-H Overlay Zone;
B. Buildings and structures shall be so designed and located on-site as to create a harmonious relationship with surrounding development and the natural environment;
Attachment 5
City of Coronado Page 758
Coronado Municipal Code
Chapter 86.44 S-H – SCENIC HIGHWAY OVERLAY
ZONE

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C. Buildings, fences, walls or structures and plant materials shall be constructed, installed or planted so as not to unnecessarily obstruct scenic view visible from the scenic highway, but rather to enhance such scenic views. Fences and walls shall be constructed to allow see-through wherever possible; D. Potentially unsightly features shall be located so as to be inconspicuous from the scenic highway or effectively screened from view by planting and/or fences, walls or grading; E. Insofar as feasible, natural topography, vegetation and scenic features of the site shall be retained and incorporated into the proposed development;
F. Any grading or earth moving operation in connection with the proposed developments shall be planned and executed so as to blend with the existing terrain both on and adjacent to the site, and vegetative cover shall be provided to hide scars on the land resulting from such operations.

86.44.100 Approval, disapproval of site plan.

The Planning and Design Review Commissions shall each approve, conditionally approve or disapprove the site plan. Such action may be appealed within 10 working days to the City Council.

86.44.110 Building permit pursuant to site plan.

No building permit shall be issued, except for a one- or two-family dwelling or structure appurtenant thereto, for the construction of any building or structure in the S-H Overlay Zone except pursuant to a site plan which has been approved by the Planning and Design Review Commissions or by the City Council on appeal as provided for in this chapter.

86.44.120 Waiving requirements.

The Planning Commission may waive the requirements of this chapter when it finds that provisions of this chapter have been or will be fulfilled by the conditions of a special use permit or by other means.

86.44.130 Modification of site plan.

Upon request of the applicant, modification of an approved site plan may be made by the Planning and Design Review Commissions if they find that the modification is consistent with the intent and requirements of the S-H Overlay Zone.

86.44.140 Expiration of site plan – Extension.

Any approval of a site plan shall expire one year from the date of the Planning Commission approval except where construction and/or use in reliance on such site plan has commenced prior to its expiration. If construction and/or use in reliance thereupon has not commenced within a one year period, that period may be extended by the Planning Commission at any time prior to the original expiration date for additional three-month periods.

86.44.150 Grading.

No grading, removal or deposit of natural materials shall take place on any lot or parcel in the S-H Overlay Zone except by a grading permit in connection with a building permit issued for construction which conforms to the provisions of this title; or by a grading permit not in connection with construction that is issued with the concurrence of the Design Review Commission. Minor excavation or placement of natural materials, incidental to the planting of trees, shrubs and other plant materials, and to the installation of minor structural features not requiring a grading permit such as fences, walls, walkways, patios and similar elements customarily accessory to a permitted use, are activities exempt from the requirements of this chapter, provided such excavation or placement of materials does not alter the general overall topographical configuration of the land.

86.44.160 Boundaries.

The boundaries of the Scenic Highway Overlay Zone shall extend from the edge of the scenic highway right-of-way for 200 feet or to the nearest ocean or bay shoreline, whichever is less.

Attachment 5
City of Coronado Page 759
Coronado Municipal Code
Chapter 86.46 PCD – PLANNED COMMUNITY

DEVELOPMENT OVERLAY ZONE

Page 109 ends

The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.46
PCD – PLANNED COMMUNITY DEVELOPMENT OVERLAY ZONE
Sections:

86.46.010 Purpose and intent.

86.46.020 Application – Precise development plan (PDP).

86.46.030 Planning Commission and City Council action.

86.46.040 Minimum standards.

86.46.050 Repealed.

86.46.010 Purpose and intent.

The purpose and intent of the Planned Community Development Overlay Zone regulations contained in this chapter is to provide for residential land development consisting of a related group of residential housing types including but not limited to single-family dwelling buildings or duplexes, cluster housing, patio homes, townhouses, apartments, condominiums or cooperatives or any combination thereof and including related open spaces and community services consisting of recreational, commercial, professional and maintenance and operational facilities essential to the development, all comprehensively planned as a three-dimensional entity. Such residential land development normally requires deviation from the normal zoning regulations and standards regarding lot size, yard requirements, bulk and structural coverage in an effort to maximize the benefits accruing to the citizens of Coronado. (Ord. 1559)

86.46.020 Application – Precise development plan (PDP).

Once a property has been rezoned to place a PCD overlay on it, a PDP may be initiated in the manner prescribed by Chapter 86.55 CMC.

A. Legal description and boundary survey map of the exterior boundaries of land to be developed in the proposed Planned Community Development.

B. A topographic map indicating anticipated grading or fill areas and all groupings of existing trees and other natural features. The topographic map shall indicate two-foot contour intervals.

C. A preliminary report describing provisions for storm drainage, sewage disposal, water supply and other utilities.

D. For the residential development position of any proposed PCD development:

1. The number of dwelling units proposed by type of dwelling. This may be stated as a range with maximum and minimum number of units of each type but shall not exceed the previous residential density and height limit of the most recent zone designation prior to any proposed Planned Community Development;

2. The approximate total population anticipated in the entire development;

3. The proposed standards of number of stories, open space, structural coverage, pedestrian and traffic circulation and number of dwelling units per acre of residential development.

E. For commercial, professional, institutional or commercial recreational or other nonresidential development portion of any proposed PCD development:

1. Types of uses proposed in the entire area;

2. Anticipated total number of persons employed; may be stated as a range;

3. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by such proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other forms of air pollution; heat, cold, dampness, electrical or other disturbances; glare, or other substance or element which might adversely affect the surrounding area; Attachment 5
City of Coronado Page 760
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Chapter 86.46 PCD – PLANNED COMMUNITY

DEVELOPMENT OVERLAY ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

4. The proposed standards of number of stories, open space buffering, pedestrian and traffic circulation, offstreet parking and loading;

5. Pertinent social or economic characteristics of the development such as enrollment, residence, employment, etc.

F. The location, area, and type of sites proposed for public and private open space, recreational facilities, and schools. For purposes of this section, open space may include swimming pools, pedestrian walkways, driveways, arbors or shade structures designed as an integral part of the site’s landscaping. Open space shall not include dedicated or private streets, structures used for residential, commercial, professional or operational maintenance purposes, covered or uncovered required parking area or garage.

G. The anticipated timing for each phase, if any, of the development, including approximate starting and completion dates.

H. Offers to dedicate those areas shown on the precise development plan as public property in a form acceptable to the City Attorney. (Ord. 1869)

86.46.030 Planning Commission and City Council action.

The Planning Commission and City Council shall act upon the PCD application in the manner prescribed by Chapter

86.55 CMC for special use permits. (Ord. 1869)

86.46.040 Minimum standards.

The following minimum development standards shall apply to projects within a Planned Community Development:

A. All utility distribution facilities within the boundaries of the zone shall be located underground.

B. Off-street parking requirements shall be in accordance with the off-street parking performance standards of this title.

C. The number of units proposed within a Planned Community Development shall not exceed the maximum residential density allowed by the underlying zone.

D. The maximum height limit shall not exceed the height limits of the underlying zone.

E. The project shall comply with the landscaping requirement of the underlying zone. (Ord. 1869)

86.46.050 Repealed.

Repealed by Ord. 1869.

Attachment 5
City of Coronado Page 761
Coronado Municipal Code
Chapter 86.48 MZ – MILITARY ZONE

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.48
MZ – MILITARY ZONE
Sections:

86.48.010 Purpose and intent.

86.48.010 Purpose and intent.

The purpose of the Military Zone classification shall be to identify on the zoning map those properties within the City under Federal control and available exclusively for military operations, housing, personnel, recreation, and similar ancillary military facilities or environmental habitat preservation. (Ord. 1666) Attachment 5
City of Coronado Page 762
Coronado Municipal Code
Chapter 86.50 NONCONFORMING USES AND

STRUCTURAL NONCONFORMITIES

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

Chapter 86.50

NONCONFORMING USES AND STRUCTURAL NONCONFORMITIES
Sections:

86.50.010 Purpose.

86.50.015 Establishment of nonconformity.

86.50.020 Nonconforming use defined.

86.50.030 Structural nonconformity.

86.50.032 Floor area ratio nonconformity.

86.50.035 Dwelling density nonconformity.

86.50.050 Nuisance.

86.50.070 Prohibition on increasing a nonconformity.

86.50.075 Lot area less than required.

86.50.080 Building permit.

86.50.090 Alteration of structures with nonconforming setbacks or height.

86.50.095 Reconstruction of damaged nonresidential buildings with structural nonconformities.

86.50.100 Involuntarily destroyed or damaged single-family and multifamily dwellings with structural nonconformities.

86.50.105 Voluntarily destroyed, damaged or altered buildings with structural or floor area ratio nonconformities.

86.50.120 Nonconforming rental dwelling or habitable unit use.

86.50.130 Nonconforming guest dwelling use.

86.50.140 Nonconforming commercial, office or manufacturing use.

86.50.150 Other nonconforming uses.

86.50.160 Termination upon enlargement of nonconforming use.

86.50.165 Alteration of structures nonconforming due to density.

86.50.170 Relief from strict application to nonconforming use.

86.50.180 Timing of required removal or alteration of structures containing nonconforming uses.

86.50.200 Two or more nonconforming main buildings on one lot having different abatement schedules – Abatement.

86.50.210 Value of $10,000 or less – Abatement.

86.50.220 Uses subject to special use permit.

86.50.230 Nonconforming hotels and motels.

86.50.240 Nonconforming professional offices and commercial uses.

86.50.250 Nonconforming residential condominiums.

86.50.260 Nonconforming historic resource.

86.50.010 Purpose.

This chapter is enacted to accomplish the regulation and possible elimination of nonconforming uses, structures, floor area ratios and dwelling densities. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.015 Establishment of nonconformity.

A “nonconformity” is a condition which was lawfully established prior to the enactment of current zoning restrictions, standards or procedures with which the condition does not comply. A use or design aspect inconsistent with current zoning restrictions may be legally continued within the provisions of this chapter; provided, that the person asserting a claim of nonconformity can establish that the use or design aspect was lawful and continuing at the time of the enactment of the applicable zoning restriction. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.020 Nonconforming use defined.

A “nonconforming use” is a use that:

A. Is not within the scope, either expressly or implicitly, of zoning restrictions set forth in current zoning ordinance provisions announcing the purpose, intent, permissible uses, and allowable accessory uses for the zone in which the particular use is located; and
Attachment 5
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Chapter 86.50 NONCONFORMING USES AND

STRUCTURAL NONCONFORMITIES

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

B. Has not been issued a special use permit, if applicable, under the provisions of this chapter. (Ord. 2062 § 2 (Exh.

A), 2016)

86.50.030 Structural nonconformity.

A “structural nonconformity” is an aspect of a building, fence or wall, structure or improvement that does not conform to the current zoning restrictions or design standards to include, without limitation, height, setbacks, parking, type of building, or coverage of lot by structures. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.032 Floor area ratio nonconformity.

A “floor area ratio nonconformity” is a building that does not conform to the current zoning restrictions or design standards establishing a floor area ratio for the property. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.035 Dwelling density nonconformity.

A “density nonconformity” is a residential property containing one or more dwelling units that does not meet the minimum lot area requirements per dwelling within the zone. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.050 Nuisance.

Nothing in this chapter shall preclude the City from declaring a building, structure, improvement or use to constitute nuisance and a danger to the safety, health or welfare of the public and to take lawful action to remedy the danger.

The following shall be defined as “nuisance”:

A. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

B. Any attractive nuisance that may prove detrimental to children whether in a building or on an unoccupied lot.

This includes any abandoned well, shaft, basement or excavation; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.

C. Whatever is dangerous to human life or is detrimental to health, as determined by the Health Officer.

D. Overcrowding a room with occupants.

E. Insufficient ventilation or illumination.

F. Inadequate or unsanitary sewage or plumbing facilities.

G. Uncleanliness, as determined by the Health Officer.

H. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.070 Prohibition on increasing a nonconformity.

Except as otherwise provided in this chapter, neither a nonconforming use nor a structural nonconformity shall be enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the current zoning restrictions. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.075 Lot area less than required.

One single-family dwelling building shall be permitted on a lot of less area then required by this chapter, provided such lot was a legal lot of record and is a lot under one ownership on July 1, 1973, and provided the owner of such lot has not owned or purchased any adjoining property since July 1, 1973. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.080 Building permit.

Nothing in this chapter shall preclude the City from requiring an owner of a structure constructed, expanded or altered, either without required building permits or contrary to the specification of the building permits issued, to modify or remove said structure or to obtain the required inspections and final approval for it. (Ord. 2062 § 2 (Exh.

A), 2016)
Attachment 5
City of Coronado Page 764
Coronado Municipal Code
Chapter 86.50 NONCONFORMING USES AND

STRUCTURAL NONCONFORMITIES

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.50.090 Alteration of structures with nonconforming setbacks or height.

A building or structure which does not conform to the yard or height regulations applicable to the land on which such building or structure is located may be structurally altered, added to, or enlarged, only when:

A. The alteration, addition or enlargement does not increase the nonconformity and the “proposed gross floor area” is less than 150 percent of the existing “gross floor area”; or B. The alteration, addition or enlargement causes the building or structure to conform with the general regulations of this title; or
C. A nonconforming accessory building may be attached to a main building, if said attachment does not increase the nonconformity; or
D. Any structure that is nonconforming due to setback or height requirements may be altered and/or enlarged by approval of the Zoning Administrator on the basis that such alteration and/or enlargement shall conform to the provisions of CMC 86.54.070 through 86.54.200. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.095 Reconstruction of damaged nonresidential buildings with structural nonconformities.

A. Any nonresidential building with one or more structural nonconformities that is damaged by 50 percent or more of its gross floor area, as established by the Building Official at the time of damage by fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God, shall be required to conform to all City regulations, as contained herein, upon completion of any restoration or reconstruction project.

B. Any nonresidential building with one or more structural nonconformities that is damaged by less than 50 percent of its gross floor area, as established by the Building Official at the time of calamity or act of God, may be restored or reconstructed as before such happening. However, if the reconstruction is less than 25 percent completed within 12 consecutive months of the issuance of required permits, it shall not be restored or reconstructed as before such calamity or regulations as contained herein. Total reconstruction shall be accomplished within five years from the issuance of required permits. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.100 Involuntarily destroyed or damaged single-family and multifamily dwellings with structural nonconformities.

A. The reconstruction, restoration, or rebuilding of any single-family and multifamily dwelling with one or more structural nonconformities that, as the result of a catastrophic event(s) or public enemy, is involuntarily destroyed or suffers involuntary damage of 50 percent or more of its gross floor area shall conform with all City zoning ordinances and regulations.

B. Notwithstanding the requirements in subsection A of this section, any structurally nonconforming single-family and multifamily dwelling that, as the result of a catastrophic event(s) or public enemy, is involuntarily destroyed or suffers involuntary damage of 50 percent or more of its gross floor area may be reconstructed, restored, or rebuilt up to its predamaged size and number of dwelling units; provided, that the building permit is applied for within two years from the date of the damage or destruction. The reconstruction, restoration, or rebuilding of such a dwelling shall otherwise conform with all other City zoning ordinances and regulations.

C. Any single-family and multifamily dwelling that suffers involuntary damage of less than 50 percent of its gross floor area as a result of a catastrophic event(s) may be reconstructed, restored, or rebuilt with any structural nonconformities that existed prior to the damage, unless the building permit is obtained more than two years after the date of the damage, or the reconstruction, restoration, or rebuilding is completed more than three years after the date of the damage. The reconstruction, restoration, or rebuilding of such a dwelling shall otherwise conform with all other City zoning ordinances and regulations.

D. For purposes of this section, “catastrophic event” includes fire, flood, explosion, wind, earthquake, war, riot, or other calamity or act of God.

E. For purposes of this section, “multifamily dwelling” is defined as any structure designed for human habitation that is divided into two or more independent living quarters. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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86.50.105 Voluntarily destroyed, damaged or altered buildings with structural or floor area ratio nonconformities.

A. Any building with a “structural nonconformity” or “floor area ratio nonconformity” that is proposed to be structurally altered or demolished where more than 50 percent of the exterior walls are removed shall be required to conform to all City regulations as contained herein, upon completion of any restoration or reconstruction project.

B. Any building with one or more “structural nonconformity” or “floor area ratio nonconformity” that is proposed to be enlarged where the proposed “gross floor area” is 150 percent or greater than the existing building “gross floor area” shall be required to conform to all City regulations in effect at the time of building permit issuance.

The following are exceptions to this requirement:

1. Approval from the Design Review Commission or Historic Resource Commission (if a designated historic resource); provided, that:
a. The existing architectural style shall be preserved and applied to the enlarged building; and b. The existing front facade shall be preserved in place. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.120 Nonconforming rental dwelling or habitable unit use.

A. A nonconforming rental dwelling or habitable unit use is inactive if the dwelling or habitable unit is not occupied and is not subject to being occupied in accordance with an existing lease or rental agreement:

1. Entered into for a fair market rent; and

2. Entered into with the intention of the tenant to occupy the unit.

B. A nonconforming rental dwelling or habitable unit use is terminated if it is inactive for 120 consecutive days.

C. Exception. Dwelling or habitable units in motels, hotels, hospitals, in facilities governed by special use permits or in the Residential-Special Care Development Zone are exempted from regulation by this section. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.130 Nonconforming guest dwelling use.

A. A nonconforming guest dwelling use is inactive if the dwelling is not occupied by a guest.

B. A nonconforming guest dwelling use is terminated if it is inactive for more than 350 days during the preceding 365 days.

C. A nonconforming guest dwelling use is terminated if it is the subject of a rental or lease agreement. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.140 Nonconforming commercial, office or manufacturing use.

A. A nonconforming commercial, professional office, manufacturing or industrial use is inactive if business is not being conducted or City licenses and permits required for such business have not been obtained.

B. A nonconforming commercial, professional office, manufacturing or industrial use is terminated if it is inactive for 120 consecutive days or if it is inactive for more than 180 days during the preceding 365 days.

C. Any nonconforming commercial, professional office, manufacturing or industrial use of a residential building or residential accessory building in any Residential Zone shall be terminated two years from the date the property owner receives notification from the City to terminate such use. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.150 Other nonconforming uses.

Unless otherwise specified, a nonconforming use terminates if inactive for 180 consecutive days. (Ord. 2062 § 2 (Exh. A), 2016)
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86.50.160 Termination upon enlargement of nonconforming use.

If a nonconforming use is enlarged, extended, expanded or in any other manner changed to increase its inconsistency with the current zoning restrictions, the nonconforming use shall be terminated in its entirety in the event that:

A. The City notifies the property owner of the enlargement of the nonconforming use; and B. The property owner fails to restore the nonconforming use to its previous level within 60 days of such notice. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.165 Alteration of structures nonconforming due to density.

Properties nonconforming due to density may have a building, structure or improvement structurally altered, added to, or enlarged, only when:

A. The alteration, addition or enlargement does not increase the number of dwellings or other nonconforming aspects of the property; or
B. The alteration, addition or enlargement causes the building or structure to conform with the general regulations of this title. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.170 Relief from strict application to nonconforming use.

A. Upon timely application by a person with an interest in a nonconforming use, the Planning Commission may determine whether the operation of the provisions of this chapter conflict with such person’s rights under the Constitution and applicable statutes of the United States or of the State of California or in some manner produce an inequitable result.

B. In the event of an affirmative determination reached under the provisions of subsection A of this section, the Planning Commission may, by resolution, adjust the impact of this chapter on such person to alleviate the conflict or inequity.

C. The determination of the Planning Commission shall be final and shall thereafter control the operation of this chapter on such nonconformity unless within 15 days of such determination an appeal is filed with the City Council. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.180 Timing of required removal or alteration of structures containing nonconforming uses.

Every building in any R Zone, except residential buildings, churches and schools; and hotels, motels and professional offices (existing prior to the adoption of the ordinance codified in this title) on Block 16 within the R-3 Zone, and in Blocks 68, 69, 108, 109, 121, 122, 142, 143, 152, and 153 within the R-4 Zone and commercial uses located in Block 139 within the R-1B Zone, which were designed or intended for a use not permitted in the R Zone in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zone, and the use of such building shall be changed to conform with the uses permitted in the zone within the time period as fixed by the appropriate sections of this chapter. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.200 Two or more nonconforming main buildings on one lot having different abatement schedules – Abatement.

Where two or more nonconforming main buildings located on one lot have different abatement schedules, the abatement schedule for the nonconforming main building existing on the lot which provides the longest abatement period shall apply to all main buildings to be abated on the lot. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.210 Value of $10,000 or less – Abatement.

Nonconforming structures having a valuation made by the Building Official of $10,000 or less shall be abated within one year from the date of notification of the property owner. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.220 Uses subject to special use permit.

A. Property owners voluntarily applying for a special use permit for an existing use shall not be required to submit a fee for the SUP application.

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B. Any existing use that is subject to a special use permit shall not be expanded or increased in the intensity of use requiring additional off-street parking nor change the type of use to a category requiring a special use permit without first obtaining a special use permit under the provisions of this title. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.230 Nonconforming hotels and motels.

Any provisions of this title to the contrary notwithstanding:

A. Existing structures and uses of nonconforming motels and hotels shall be allowed to be reconstructed and retain existing nonconformities so long as the replacement project does not expand the prior structural nonconformities.

B. Existing structures and uses of nonconforming motels and hotels shall not be enlarged, extended, reconstructed, structurally altered or increased in the intensity of use such as to require additional off-street parking under the provisions of this title without a minor special use permit allowing such enlargement, extension, reconstruction, alteration or increase in intensity of use. Subsequent enlargements or other structural changes shall comply with the requirements of Chapter 86.32 CMC, except that such construction shall comply with the underlying zoning requirements concerning height, setback, structural coverage, landscaping, floor area ratio, facade treatment, offstreet parking and design review regulations. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.240 Nonconforming professional offices and commercial uses.

A. Professional offices located on Block 16 within the R-3 Zone and on Blocks 68, 69, 108, 109, 122, 142, 152 and 153 within the R-4 Zone and commercial uses located in Block 139 within the R-1B Zone existing prior to the adoption of the ordinance codified in this title shall be allowed to be reconstructed and retain existing nonconformities so long as the replacement project does not expand the prior structural or use nonconformities. In the case of professional offices described herein, the reconstruction shall be accomplished within the applicable provisions of R-3 Zone (CMC 86.14.030, 86.14.040, 86.14.050, 86.14.070, 86.14.080, 86.14.100, and 86.14.110) and R-4 Zone (sections found in the Specific Plan). In the case of the commercial uses described herein, the reconstruction shall be accomplished within the provisions of the Commercial Zone sections found in CMC Title 88, Orange Avenue Corridor Specific Plan.

B. Nonconforming professional offices and commercial uses described herein shall not be enlarged, extended, reconstructed, structurally altered or increased in intensity of use such as to require additional off-street parking, under the provisions of this title, without a major special use permit allowing such enlargement, extension, reconstruction, alteration, or increase in intensity of use. Subsequent enlargements or other structural changes shall comply with the underlying zoning requirements described in subsection A of this section. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.250 Nonconforming residential condominiums.

Nonconforming residential condominiums may be reconstructed or structurally altered so long as neither the number of dwelling units for each complex nor the number of bedrooms for each unit is increased, the height of a structure is not increased, existing building profiles are maintained, and the number and size of existing parking spaces are not reduced. (Ord. 2062 § 2 (Exh. A), 2016)

86.50.260 Nonconforming historic resource.

A structure designated as a National, State, or City historic resource or pending such designation shall not be subject to the abatement and regulatory provisions of this chapter. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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Chapter 86.52

VARIANCES
Sections:

86.52.010 Purpose.

86.52.020 When granted.

86.52.030 Planning Commission – Powers, duties.

86.52.040 Application – Contents, fee.

86.52.050 Notice and hearing on variance application.

86.52.060 Planning Commission hearing – Findings and decisions by resolution.

86.52.070 Repealed.

86.52.080 Repealed.

86.52.090 Repealed.

86.52.100 Repealed.

86.52.110 Continuation of hearings.

86.52.120 Notice of decision of Council on appeal.

86.52.130 Revocations – Expiration of variance, appeal.

86.52.010 Purpose.

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. No variance shall be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation or regulations governing the parcel of property.

86.52.020 When granted.

Variances from regulations set forth in this title applicable to the particular zone in which the property is located shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

86.52.030 Planning Commission – Powers, duties.

The Planning Commission shall have the power and the responsibility to perform the duties relating to the hearing of and applications for variances from the requirements of this title pursuant to applicable provisions of the Government Code of the State of California and this code. Variances may be granted upon such conditions and limitations as the Planning Commission or City Council shall deem reasonable and necessary or advisable under the circumstances so that the objectives of this title shall be achieved. The Planning Commission shall have continuing jurisdiction over any variance which is or has been granted and may terminate it at any time in whole or in part for failure to comply with any condition or requirement imposed at the time of approval, but any such condition of limitation shall be subject to appeal as hereinafter provided.

86.52.040 Application – Contents, fee.

Applications for a variance shall be in writing on forms provided for that purpose by the Community Development Department and shall contain such information as may be required by the Community Development Department to adequately provide for the research, hearing and final disposition of the variance request. All applications shall be signed and dated by the property owner or his authorized representative. A filing fee as required by City Council resolution shall be paid and made payable to the City at the time a completely executed application form is submitted to the Community Development Department. Such fee is for the purpose of defraying the expenses of publication of legal notices of public hearing, postage and other costs incidental to the proper conduct of the proceedings herein provided. No application shall be accepted unless and until it complies with the requirements of this chapter. Variance applications filed pursuant to this chapter shall become a part of the permanent public record of the City and there shall be attached and filed therewith copies of all notices, affidavits, resolutions and minute actions pertaining thereto. (Ord. 1808; Ord. 1408)
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86.52.050 Notice and hearing on variance application.

Upon the filing of a verified application for a variance and payment of the required fee, the Community Development Department shall cause to be published a notice of public hearing entitled “notice of proposed variance.” The notice shall be published one time in a newspaper of general circulation in the City of Coronado not less that 10 days prior to the date of the public hearing and shall contain a description of the property under consideration and the nature of the variance requested. In addition, the Department shall mail the notice to each owner of property contiguous to the property that is the subject to the variance.

86.52.060 Planning Commission hearing – Findings and decisions by resolution.

Not later than 21 days following the close of a public hearing on any variance request, the Planning Commission shall render its decision by formal resolution stating therein the reasons and facts, which, in the Commission’s judgment, make the granting of the variance necessary to carry out the provisions of this title. If the variance is granted, the resolution shall also recite such conditions and limitations as the Commission may impose. The decision of the Commission shall become final 10 calendar days after the adoption of the resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 32, 2011)

86.52.070 Appeals to Council – Time, filing of notice.

Repealed by Ord. 2025.

86.52.080 Appeals to Council – Hearing, notice.

Repealed by Ord. 2025. (Ord. 1570)

86.52.090 Decision of Council after hearing on appeal.

Repealed by Ord. 2025.

86.52.100 Council to announce findings and decision of appeal by resolution.

Repealed by Ord. 2025.

86.52.110 Continuation of hearings.

Any hearing provided for in this chapter may be continued from time to time; provided, that the presiding officer at the hearing shall, prior to adjournment, publicly announce the time and place of the continuance. No further notice shall be required.

86.52.120 Notice of decision of Council on appeal.

Immediately upon adoption of a resolution rendering a final decision on a variance, the City Clerk shall mail a copy of the resolution to the applicant for the variance and any other parties requesting such resolution. The City Clerk shall send one copy to the Community Development Department which shall be attached to the Commission’s file of the case, and the file shall be returned to the Commission for permanent filing.

86.52.130 Revocations – Expiration of variance, appeal.

The Planning Commission may, after a public hearing held pursuant to this chapter, revoke or modify any variance issued upon any one or more of the following grounds:

A. Failure to comply with any condition, requirement or limitations imposed at the time of approval of the variance; B. That no substantial construction has taken place under such variance; C. That there has been a lapse of work for six months under such variance; D. That the variance granted is being or has recently been exercised contrary to or in violation of any condition of approval, statute, law, ordinance or regulation;
E. That the variance granted when exercised is found to be detrimental to the public health, safety or welfare by the Commission or Council, and shall become null and void if not exercised within one year from the date of final approval of the variance. Any person aggrieved by a decision of the Commission on any revocation may appeal to the Council as provided for in this chapter;
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F. Upon final denial of any variance applied for pursuant to this chapter, no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.

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Chapter 86.53

DENSITY BONUS FOR AFFORDABLE HOUSING DEVELOPMENTS
Sections:

86.53.010 Purpose and intent.

86.53.020 Applicability.

86.53.030 Definitions.

86.53.040 Density bonus affordability and longevity.

86.53.050 Density bonus calculations, justifications, incentives, concessions and location.

86.53.060 Donation of land.

86.53.070 Child care facilities.

86.53.080 Development standards.

86.53.090 Parking standards.

86.53.100 Appeals.

86.53.010 Purpose and intent.

The purpose of these regulations is to: (A) comply with State density bonus law (California Government Code Section 65915); (B) implement the Housing Element of the Coronado General Plan; and (C) better provide a broad range of affordable housing opportunities for the City’s residents. The regulations are intended to materially assist the housing industry in providing adequate and affordable shelter for all economic segments of the community and to provide a balance of housing opportunities for low-income, very low-income, and senior households, as well as moderate-income owners of condominium or planned developments as defined in Civil Code Section 1351, Subdivisions (f) and (k), respectively, throughout the City. It is intended that the affordable housing density bonus and any additional development incentive be available for use in all types of residential developments. It is also intended that these regulations implement the provisions of California Government Code Sections 65915 through 65918. It is further intended that these regulations will require any increase in density of residential developments to be distributed and constructed within the same development site as the market rate housing. Any amendments to the provisions of California Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.020 Applicability.

This chapter applies to any residential development of five or more dwelling units when the written request of an applicant proposes density beyond that permitted by the underlying zone in exchange for an agreement that a portion of the total dwelling units in the proposed development is reserved for low- or very low-income households, senior citizens or moderate-income families in a condominium or planned development. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.030 Definitions.

The following terms are hereby defined for the purposes of this chapter:

A. “Affordable housing agreement” means an agreement between the applicant and the City guaranteeing the affordability of rental or ownership units to applicable income households for a period specified by California Government Code Section 65915, and is in accordance with the provisions of this chapter.

B. “Affordable housing costs” are those amounts set forth in Section 50052.5 of the Health and Safety Code, as the same may be amended from time to time, or any State law replacing or modifying Health and Safety Code Section 50052.5.

C. “Appreciation” means the increase in value of a moderate-income unit in a condominium or planned development project approved as a density bonus unit as determined by the difference between the original market value of the unit minus the price of the unit as sold to the first moderate-income purchaser. If the value of the unit increases, the City and the initial purchaser shall divide the appreciation by respective percentage share with the City’s share equal to the percentage that the original sales price was less than fair market price at the time of original sale. So, if the Attachment 5
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D. “Child care facility” means a day nursery as defined in CMC 86.04.250.

E. “Concession” or “incentive” means:

1. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions;

2. Approval of mixed use development in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or

3. Other regulatory incentives or concessions proposed by the developer or the City that result in identifiable, financially sufficient and actual cost reductions.

F. “Condominium project” means a project as defined by Section 1351(f) of the Civil Code, as the same may be amended from time to time.

G. “Density bonus,” for housing projects that have the requisite percentage of housing reserved for lower-income households, very low-income households or senior citizen housing developments, means a density increase as specified by California Government Code Section 65915, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan as of the date of application by the applicant to the City. “Density bonus,” for housing projects that are condominium projects or planned developments in which at least 10 percent of the total dwelling units are reserved for persons and families of moderate income, means a density increase as specified by California Government Code Section 65915, unless a lesser percentage is elected by the applicant, over the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan as of the date of application.

H. “Development standard” includes site or construction conditions that apply to a residential development pursuant to any ordinance, General Plan element, specific plan, or other local condition, law, policy, resolution, or regulation.

I. “Families of low or moderate income” means persons or families whose income meets the requirements set forth in Health and Safety Code Section 50093, as the same may be amended from time to time, or any State law replacing Health and Safety Code Section 50093.

J. “Housing development” means one or more groups of projects for residential units with a minimum of five residential units, including a condominium project and a planned development. “Housing development” also includes either (1) a project to substantially rehabilitate and convert an existing commercial building to residential use, or (2) the substantial rehabilitation of an existing multifamily dwelling, as defined in Subdivision (d) of Government Code Section 65863.4, as the same may be amended from time to time, or any State law replacing Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units.

K. “Lower-income households” means households defined in Section 50079.5 of the Health and Safety Code, as the same may be amended from time to time, or any State law replacing Health and Safety Code Section 50079.5. At the time of the adoption of this chapter, Health and Safety Code Section 50079.5 defines “lower-income households” as those whose income is equal to or less than 80 percent of the San Diego County area median income (“AMI”).

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L. “Maximum allowable residential density” means the density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project.

M. “Persons and families of moderate income” means persons and families defined in Section 50093 of the Health and Safety Code, as the same may be amended from time to time, or any State law replacing Health and Safety Code Section 50093. At the time of the adoption of this chapter, Health and Safety Code Section 50093 defines “moderate-income households” as those whose income does not exceed 120 percent of the area median income.

N. “Planned development,” “planned unit development” or “planned residential development” means a project as defined by Section 1351(k) of the Civil Code, and as defined by a planned community development in this title.

O. “Senior citizen housing development” means a project as defined by Section 51.3 of the Civil Code as the same may be amended from time to time, or any State law replacing Civil Code Section 51.3.

P. “Very low-income households” means households defined in Section 50105 of the Health and Safety Code, as the same may be amended from time to time, or any State law replacing Health and Safety Code Section 50105. At the time of the adoption of this chapter, Health and Safety Code Section 50105 defines “very low-income households” as those whose income is equal to or less than 50 percent of the area median income. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.040 Density bonus affordability and longevity.

A. Affordability in General. The affordable dwelling units proposed or constructed as defined in this chapter shall be subject to an affordable housing agreement, and such deed restrictions and other applicable documents, approved by the City Attorney, ensuring continued affordability of the dwelling units for a period as required by California Government Code Section 65915 or longer (if required by the construction or mortgage financing assistance program, mortgage insurance program, first-time home buyer’s program, rental subsidy program or any local, State and Federal laws, regulations or statutes). Affordability limits are established as follows:

1. Rental units targeted for lower-income households shall be affordable at a rent that does not exceed 30 percent of 60 percent of AMI.

2. Rental units targeted for very low-income households shall be affordable at a rent that does not exceed 30 percent of 50 percent of AMI.

Ownership units shall be made available only to households whose income does not exceed the limits for the targeted households for the duration of the affordable housing agreement.

B. Affordability for Moderate-Income Condominium or Planned Community Development Units. The City shall ensure that the initial occupant of each moderate-income unit that is directly related to the receipt of the density bonus in a condominium project or planned community development is a person or family of moderate income as defined in CMC 86.53.020(M). Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller’s proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall be used as required by Government Code Section 65915, as the same may be amended from time to time, or any applicable State law replacing Government Code Section 65915. The City’s share shall be equal to the percentage by which the initial sales price of the moderate-income household was less than the fair market value of the home at the time of initial sale. If there is any direct financial contribution from the City through participation in the cost of infrastructure, write-down of land costs, or subsidizing the cost of construction, the City may limit the amount of the appreciation upon resale for at least as required by California Government Code Section 65915 or more if required by the project funding source.

C. Affordability Covenants. Affordability shall be ensured by requiring that the applicant enter into an affordable housing agreement which shall be reviewed by the City Community Development Department and approved by the City Attorney and shall be recorded and run with the land. The affordability period shall commence from the date that the final certificate of occupancy is issued, or the date of the recording of the affordable housing agreement, whichever shall last occur. For for-sale units, the affordability period shall be 55 years. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)
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86.53.050 Density bonus calculations, justifications, incentives, concessions and location.

A. Density Bonus Calculations. Upon written request of an applicant through the processing of density bonus request in the manner of a “determination of development standards” per CMC 86.02.124, the Planning Commission shall grant a density bonus as specified by California Government Code Section 65915, and incentives or concessions as provided in this section when the applicant for the housing development agrees or proposes to construct at least any one of the following (note: the applicant shall also simultaneously process each and every other development application required by this title for the proposed project):

1. Ten percent of the total units of a housing development for lower-income households;

2. Five percent of the total units of a housing development for very low-income households;

3. A senior citizen housing development or mobilehome park that limits residency based on age requirements for housing older persons; or

4. Ten percent of the total dwelling units in a condominium project or planned development for persons and families of moderate income; or

5. Ten percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons;

6. Twenty percent of the total units of a housing development dedicated to full-time students at an accredited college are for low-income students;

7. The project donates at least one acre of land to the City for very low-income units, and the land has the appropriate General Plan designation, zoning, permits and approvals, and access to public facilities needed for such housing;

8. One hundred percent of the housing units (other than manager’s units) are restricted to very low-, lower- and moderate-income residents (with a maximum of 20 percent moderate).

B. Additional Density Bonus.

1. If an applicant exceeds the percentages set forth in subsection A of this section, the applicant shall be entitled to an additional density bonus, the amount of which shall be as specified in Government Code Section 65915(f).

2. The density bonus units shall not be included when calculating the total number of housing units that qualify the housing development for a density bonus, except as otherwise required by Government Code Section 65915.

3. The amount of the density bonus shall not exceed the percentages established in Government Code Section 65915.

4. An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes projects that fail to “replace” existing housing units, as required by State law. “Replace” shall have the same meaning as defined in Government Code Section 65915(c)(3)(B).

C. Justification for Concessions and Incentives. In addition to all other requirements of the “determination of development standards” process per CMC 86.02.124, an applicant requesting a density bonus and/or development standard concession(s) or incentive(s) shall also show, using one of the following methods, that the waiver or modification is necessary to make the housing units economically feasible:

1. A development pro forma with the capital costs, operating expenses, return on investment, loan-to-value ratio and the debt coverage ratio, including the contribution(s) provided by any applicable subsidy program(s), and the economic effect created by the minimum-year use and income restrictions on the affordable housing units; or
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2. An appraisal report indicating the value of the density bonus and of the incentive(s)/concession(s); or

3. A use of funds statement identifying the projected financing gap for the project with the affordable housing units. The analysis shall show how much of the funding gap is covered by the density bonus and how much by the incentive(s)/concession(s).

D. Concessions and Incentives.

1. When the Planning Commission grants a density bonus in accordance with this section, the Planning Commission shall grant the additional concession or incentive requested by the applicant and make all of the following findings, based upon substantial evidence, that:
a. The concession or incentive is required in order to provide for affordable housing costs or rents for the targeted units to be set as specified in CMC 86.53.040; and b. The concession or incentive would not have a specific adverse impact (as defined in Government Code Section 65589.5(d)(2), as the same may be amended from time to time, or any applicable State law replacing Government Code Section 65589.5) upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; and
c. The concession or incentive would not have a specific adverse impact on any real property that is listed in the California Register of Historical Resources.

2. Number of Incentives/Concessions. The applicant shall be entitled to receive the number of incentives or concessions as specified in Government Code Section 65915(d)(2).

E. The granting of a density bonus, incentive or concession shall not be interpreted, in and of itself, to require a General Plan amendment or zoning change. The request for such items shall be processed in the manner of a “determination of development standards” per CMC 86.02.124, in addition to every other applicable planning application as described in this title.

F. An applicant may submit a written request to the Community Development Department detailing the specific incentives or concessions that the applicant requests pursuant to this section.

G. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the City, or the waiver of fees or dedication requirements.

H. All affordable units shall be of similar design and quality as the market rate units, including exteriors and floor plans.

I. All affordable units shall be dispersed throughout the housing development rather than clustered in a single area or building. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.060 Donation of land.

When an applicant for a tentative subdivision map, parcel map, or other residential development donates land to the City that meets the requirements of this section, the applicant shall be entitled to an increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and Land Use Element of the General Plan for the entire development. The percent increase shall be as specified in California Government Code Section 65915.

A. The developable acreage and zoning classification of the land must be sufficient to permit construction of units in an amount not less than 10 percent of the number of residential units of the proposed development; B. The units shall be affordable to very low-income households; and Attachment 5
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C. Any increase in the density required by this section shall be in addition to any increase in density provided to the applicant under CMC 86.53.050; provided, however, that the project shall not be allowed density bonuses under this section and under CMC 86.53.050 in excess of the maximum specified by California Government Code Section 65915. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.070 Child care facilities.

When an applicant proposes to construct a housing development that conforms to the requirements of this title and includes a child care facility that will be located on the premises of, as part of, or adjacent to the project, the following shall apply:

A. The Planning Commission shall grant either of the following, unless a finding is made in accordance with subsection C of this section:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

B. The Planning Commission shall require the following as conditions of approving the housing development; these requirements shall be included in the affordable housing agreement:

1. The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to CMC

86.53.040; and

2. Of the children who attend the child care facility, the children of very low-income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower-income households, or families of moderate income in the proposed housing development pursuant to CMC 86.53.050(A) and (B).

C. The Planning Commission shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the City already has adequate child care facilities.

D. The density bonus allowed under this section shall be in addition to any density bonuses already given to the applicant pursuant to CMC 86.53.050 and 86.53.060. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.080 Development standards.

A. The City shall not apply any development standard that will have the effect of precluding the construction of a development meeting the criteria of this title while at the same time at the densities or with the concessions or incentives permitted by this chapter.

B. All development standards of the underlying zone shall apply to density bonus projects unless one or more concessions have been granted.

C. Any discretionary actions for modification or waiver shall be processed as a “determination of development standards” per CMC 86.02.124 and each and every other development application required by this title for the proposed housing project.

D. Nothing in this chapter shall be interpreted to require the City to waive or reduce development standards if the waiver or reduction would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), as the same may be amended from time to time, or any applicable State law replacing Government Code Section 65589.5, upon the health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

E. Nothing in this section shall be interpreted to require the City to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)
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86.53.090 Parking standards.

A. Upon request of the applicant for any housing development qualifying for a density bonus under this chapter, the maximum parking standards shall apply as specified by California Government Code Section 65915, inclusive of handicapped and guest parking, for the entire housing development.

B. All parking calculations for the development resulting in a fraction shall be rounded up to the next whole number.

C. Parking may be provided by tandem parking and need not be covered or garaged, but may not be on-street parking.

D. An applicant may request additional parking incentives or concessions beyond those provided in this section pursuant to CMC 86.53.050(D).

E. This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code. (Ord. 2023-01 § 3 (Exh. A), 2023; Ord 1973 § 1, 2005)

86.53.100 Appeals.

The decision of the Commission shall become final 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2023- 01 § 3 (Exh. A), 2023; Ord. 2025 § 35, 2011)
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Chapter 86.54

ADMINISTRATION AND ENFORCEMENT
Sections:

86.54.010 Purpose and intent.

86.54.020 Zone boundary amendments authorized.

86.54.030 Initiation of amendments.

86.54.040 Application for zone boundary change or reclassification by property owner.

86.54.050 Procedure – Hearing, notice.

86.54.060 Limitation on filing subsequent identical application.

86.54.070 Creation of Zoning Administrator – Purpose.

86.54.080 Authority and duties of Zoning Administrator.

86.54.090 Variances.

86.54.100 Application for variance.

86.54.110 Notice of variance application.

86.54.120 Findings and decisions by Zoning Administrator.

86.54.130 Variance – Appeal procedure.

86.54.140 Appeals to Planning Commission – Hearing.

86.54.150 Site plan approval.

86.54.160 Repealed.

86.54.170 Temporary structures.

86.54.180 Fences, hedges, walls.

86.54.190 Referral to Planning Commission.

86.54.200 Limitation on filing subsequent, identical application.

86.54.210 –

86.54.309 Reserved.

86.54.310 Enforcement.

86.54.320 Violations declared public nuisances.

86.54.330 Penalty for violation.

86.54.010 Purpose and intent.

The purpose and intent of this chapter is to refer to regulations that apply in addition to the regulations of this title.

These regulations are contained in Chapter 70.08 CMC and are incorporated hereby by reference.

86.54.020 Zone boundary amendments authorized.

Boundaries of any of the several zones established by this title or the classification or reclassification of property therein may be amended whenever public necessity, convenience and general welfare require.

86.54.030 Initiation of amendments.

A. Such zone boundary or reclassification amendments may be initiated by:

1. A verified application of one or more owners of property proposed to be so changed or reclassified;

2. Resolution of intention of the City Council;

3. Resolution of intention of the Planning Commission.

B. Such other amendments to this title may be initiated by:

1. Resolution of intention of the City Council;

2. Resolution of intention of the Planning Commission.

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86.54.040 Application for zone boundary change or reclassification by property owner.

Whenever the owner of any land desires a zone boundary change or reclassification of his property, he shall file with the Community Development Department an application on forms provided for by the Department and duly verified by him requesting such change or reclassification. Such application shall be accompanied by a fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

86.54.050 Procedure – Hearing, notice.

Upon the filing of such verified application, or passage of such resolution of intention, the Commission shall hold such public hearings, duly noticed, as required by applicable provisions of the “Planning and Zoning Law” of the State of California for such zone boundary changes or reclassification. The Planning Commission and City Council shall take such action hereon as may be requested by the “Planning and Zoning Law” of the State of California and this title.

86.54.060 Limitation on filing subsequent identical application.

Upon final denial of any zone boundary amendment applied for pursuant to CMC 86.54.030(A), no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.

86.54.070 Creation of Zoning Administrator – Purpose.

A Zoning Administrator is hereby created under Article 3, Section 65900 of the California Government Code so as to relieve the Planning Commission of certain routine functions and to properly administer the City zoning ordinances with such authority as granted to him by this chapter.

86.54.080 Authority and duties of Zoning Administrator.

The functions set forth in CMC 86.54.090 through 86.54.200 are considered either minor in nature or proper zoning enforcement duties and the Zoning Administrator is authorized to approve, deny, or conditionally approve such applications as may be required.

86.54.090 Variances.

The Zoning Administrator shall be authorized to grant variances for limited relief in the case of:

A. Modification of distance regulations not to exceed 10 percent of the requirements applicable in the appropriate zone;
B. Modification of area regulations not to exceed five percent of the requirements applicable in the appropriate zone; C. Walls or fences to exceed permitted heights due to special site conditions not to exceed 10 percent of the requirements set forth in the ordinance;
D. Any structure that is nonconforming due to setback or height requirements may be altered and/or enlarged by approval of the Zoning Administrator, pursuant to Chapter 86.50 CMC, and subject to the percentage limitations herein; provided, that such alteration or enlargement shall not exceed the maximum height limit of the zone in which the property is located.

86.54.100 Application for variance.

Applications for a variance shall be submitted on forms provided for that purpose to the Community Development Department, and shall be accompanied by plot plans, elevations, or other data as may reasonably be required by the director of the Community Development Department to show the detail of the proposed use or structure. The application shall be accompanied with a filing fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

86.54.110 Notice of variance application.

Upon the filing of a verified application, the Zoning Administrator shall notify, by mail, all property owners within 300 feet of the property that is the subject of the variance. The notice shall describe the nature of the variance requested and the period of time the variance will be under consideration and appeal procedures available to the public concerning such variance.

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86.54.120 Findings and decisions by Zoning Administrator.

Not later than 10 calendar days following the mailing of the notices, any interested party may notify the Community Development Department, in writing, articulating any substantial objections to the variance requested. The Zoning Administrator shall, at the end of the 10-calendar-day period, render a decision by written statement explaining the reasons for and facts substantiating the decision. The Zoning Administrator shall mail a copy of the statement to the applicant, members of the Planning Commission, and any other interested party requesting a copy of the decision.

The statement shall be filed with the Community Development Department and will become effective 10 calendar days after the decision by the Zoning Administrator. (Ord. 2025 § 37, 2011)

86.54.130 Variance – Appeal procedure.

The applicant or other interested parties may appeal the decision of the Zoning Administrator to the Planning Commission within 10 calendar days after the decision is filed with the Community Development Department. The appeal shall be in writing and filed with the Community Development Department and shall specify the reason(s) for appealing the decision of the Zoning Administrator. The appeal fee shall be as set forth by resolution by the City Council. (Ord. 2025 § 38, 2011)

86.54.140 Appeals to Planning Commission – Hearing.

The Zoning Administrator shall provide public notice of the appeal hearing to consider the variance request as outlined in Government Code Section 65091. The Planning Commission will consider the variance application, Zoning Administrator determination, appeal letter, along with written or oral testimony provided at the hearing, and adopt a resolution to affirm, modify or overturn the Zoning Administrator. The decision of the Commission shall become final 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 39, 2011)

86.54.150 Site plan approval.

The Zoning Administrator shall be authorized to grant site plan approval as provided herein.

86.54.160 Home occupations.

Repealed by Ord. 2022.

86.54.170 Temporary structures.

The Zoning Administrator shall be authorized to permit temporary structures for the housing of tools, equipment, building assembly operations and supervisory or engineering offices in connection with major construction projects; provided, however, that such temporary structures are located within or adjacent to the development or construction site to which they are incidental.

86.54.180 Fences, hedges, walls.

In any Commercial or Industrial Zone, fences, walls, or hedges may be allowed or required to a maximum of eight feet if it is determined by the Zoning Administrator that the increase in height is necessary to protect public health, safety or welfare and would have no detrimental effect upon the surrounding neighborhood.

86.54.190 Referral to Planning Commission.

The Zoning Administrator may, at his discretion, refer any of the matters on which he is authorized to rule to the Planning Commission for review and disposition pursuant to the procedures set forth in Chapter 86.52 CMC.

86.54.200 Limitation on filing subsequent, identical application.

Upon final denial of any variance applied for pursuant to this chapter, no identical, subsequent application shall be accepted for filing for a period of six months commencing on the effective date of the final denial.

86.54.210 – 86.54.309 Reserved.

86.54.310 Enforcement.

All department directors, officials or other employees of the City vested with the duty or authority to issue any permit, license or certificate shall conform to the provisions of this title and shall issue no permit, license or certificate for uses, buildings, structures or purposes in conflict with the provisions contained in this title, and any such permit, license or certificate so issued, intentionally or otherwise, shall be null and void. It shall be the duty of the director of the Community Development Department to enforce the provisions of this title.

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86.54.320 Violations declared public nuisances.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building, or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and the same are hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately take actions or proceedings for the abatement and removal and enjoinment therein in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use, and restrain and enjoin any person, firm or corporation from setting up, erecting, constructing, altering, enlarging, converting, moving, maintaining or using such building, structure or property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

86.54.330 Penalty for violation.

Any person, firm or corporation, whether as principal, agent, employee, employer or otherwise, who violates or causes the violation of any provision of this title shall be guilty of an infraction. Each separate day or any portion thereof during which the above-referenced violation occurs shall constitute a separate offense. (Ord. 1400) Attachment 5
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Chapter 86.55

SPECIAL USE PERMITS
Sections:

86.55.010 Purpose.

86.55.020 Prohibitions.

86.55.030 Application.

86.55.040 Procedure for permit issuance.

86.55.050 Imposition of conditions.

86.55.060 Basis for denial.

86.55.070 Final determination – Appeal.

86.55.080 Expiration/extension/amendment of permit.

86.55.090 Revocation of permit.

86.55.100 Emergency suspension.

86.55.110 Special uses by permit – Any zone except Commercial.

86.55.120 Special uses by permit – Any zone except C-U, OS, Commercial, and R-4.

86.55.130 Special uses by permit – H-M Zone.

86.55.140 Special uses by permit – C Zone.

86.55.150 Repealed.

86.55.160 Special uses by permit – C-R Zone.

86.55.170 Special uses by permit – R-4 Zone.

86.55.175 Special uses by permit – R-4 Zone existing nonresidential facilities.

86.55.178 Special uses by permit – R-4 Zone clubs, lodges and churches.

86.55.180 Special uses by permit – R-3 Zone.

86.55.190 Special uses by permit – Open Space Zone.

86.55.193 Repealed.

86.55.195 Historic resources and special uses by permit – Residential Zones.

86.55.200 Veterinarian hospital.

86.55.210 Antenna tower and antenna mast.

86.55.215 Wireless communication facilities (WCFs).

86.55.220 Aquaculture.

86.55.230 Automobile car wash.

86.55.240 Repealed.

86.55.250 Automobile service station.

86.55.260 Auto repair.

86.55.270 Building materials retail sale.

86.55.280 Clubs, lodges, assembly halls, and public buildings.

86.55.290 Industrial/manufacturing.

86.55.300 Hospital or convalescent hospital.

86.55.310 Repealed.

86.55.320 Reserved.

86.55.330 Repealed.

86.55.340 Lodging houses.

86.55.350 Mixed use development.

86.55.360 Formula fast food restaurants.

86.55.370 Formula business.

86.55.380 Repealed.

86.55.010 Purpose.

It is the purpose of this chapter to provide procedures for the review and, where necessary, the imposition of special conditions on the creation and maintenance of designated uses which involve special site or design requirements, operating characteristics or potential adverse effects on the surrounding area. (Ord. 1745) Attachment 5
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86.55.020 Prohibitions.

A. Without first having obtained a special use permit, it is unlawful for any person to create or maintain a use when the provisions of this code require that a special use permit be obtained before such use is created or obtained.

B. It is unlawful for any person to create or maintain a use contrary to the provisions of a special use permit issued for such use.

C. Until a special use permit is obtained, no building permit or other development permit shall be issued relating to a use for which a special use permit is required by this code.

86.55.030 Application.

A. An application shall be filed with the Community Development Department on forms provided by the City.

B. The applicant shall provide envelopes (affixed with sufficient first class postage) addressed to each applicant, to all persons who have requested to be on a mailing list for the specific project, and to all owners of property within 300 feet of the perimeter of the site proposed for a use requiring a special use permit.

C. The application shall not be complete until the applicant has provided all information deemed necessary by the Community Development Department to properly administer this title and the applicant has paid the processing fee established by the City Council.

D. Upon final denial of any application, no subsequent application for the same use at the same site shall be accepted for filing for a period of six months from the effective date of the final denial.

86.55.040 Procedure for permit issuance.

A. Special Use Permit (Minor). For uses identified in this title as requiring a special use permit (minor), the Planning Commission is the agency authorized to grant the special use permit, subject to an appeal to the City Council.

1. Upon the filing of an application, the Community Development Department shall cause the application to be set for public hearing before the Planning Commission no less than 14 days nor more than 60 days from the date of filing.

2. Notice shall be published one time in a newspaper of general circulation in the City of Coronado not less than 14 days prior to the date of consideration and shall contain a description of the property under consideration and the nature of the use proposed.

3. Notice shall be mailed to all owners of property within 300 feet of the site of the proposed use, as shown on the latest tax rolls.

4. Notice shall be accomplished in accordance with Government Code Section 65091.

B. Special Use Permit (Major). For uses identified in this title as requiring a special use permit (major), the City Council is the agency authorized to grant the special use permit.

1. Upon the filing of an application, the Community Development Department shall cause the application to be set for a public hearing before the Planning Commission no less than 14 days nor more than 60 days from the date of filing, noticed in accordance with subsection A of this section.

2. The Planning Commission’s recommendation shall be set for a public hearing before the City Council at the next available meeting, noticed in accordance with subsection A of this section.

86.55.050 Imposition of conditions.

A. The agency authorized to grant a special use permit may impose those conditions and exactions necessary to mitigate the impacts of the proposed use found by the agency to be reasonably likely to be contrary to the provisions of this title or to cause an adverse impact upon the environment or upon the health, safety, or welfare of the community without the imposition of those conditions or exactions.

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B. The granting of a special use permit shall be conditioned upon obtaining environmental design review in accordance with this code.

86.55.060 Basis for denial.

A special use permit shall be granted unless the authorized agency makes findings of fact based upon the information presented in the application or during the consideration of the application which support one or more of the following conclusions:

A. The use as proposed will be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity;
B. The use as proposed will be injurious to property or improvements in the vicinity; C. The use as proposed is inconsistent with the General Plan, any applicable specific plan, or a zoning regulation; or D. The location or operating characteristics of the proposed use will be incompatible with or will adversely affect or will be materially detrimental to impacted uses, residences, buildings, structures or natural resources, with consideration given to, but not limited to:

1. The inadequacy of public facilities, services and utilities to serve the proposed use;

2. The harmful effect, if any, upon a desirable neighborhood character;

3. The inability of the capacity and physical character of surrounding streets to safely deal with traffic that will be generated by the proposed use;

4. The unsuitability of the site for the type or intensity of use which is proposed; and

5. The harmful effect, if any, upon the environmental quality and natural resources of the City.

86.55.070 Final determination – Appeal.

The decision of the Commission shall become final 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is filed with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 41, 2011)

86.55.080 Expiration/extension/amendment of permit.

A. A special use permit shall expire upon the end of the term contained in the special use permit.

B. The date of expiration of any special use permit may be extended for one or more periods, the total of which is no greater than one year, upon application to the Planning Commission at least 30 days prior to the date of expiration.

The Planning Commission shall not extend the term of any permit unless it is demonstrated by the permittee to the satisfaction of the Planning Commission that extending the use poses no danger to the health, safety or welfare of the community. The determination of the Planning Commission must be by resolution which contains the reasons for making the determination. The Planning Commission determination is appealable to the City Council.

C. A special use permit may be amended at the request of the permittee. The amendment procedures shall be identical to the process then in effect for applying for a permit. A fee as required by Council resolution shall be paid at the time the application is submitted. (Ord. 1808)

86.55.090 Revocation of permit.

A. A special use permit may be revoked by the City Council upon no less than 30 working days’ notice to the permittee setting forth the basis of the intention to revoke and giving the permittee the opportunity to present information at an administrative hearing before the City Council.

B. In the event that the identified basis is not corrected forthwith by the permittee, the City Council may suspend, impose new conditions, modify existing conditions or revoke the permit if it makes findings of fact based upon the information presented during the administrative hearing which support one or more of the following conclusions:

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1. As a result of any principal or employee of the permittee being found guilty by a court of law of having criminally violated local, State or Federal law, it is reasonably likely that the continuing conduct of the permitted use by the permittee will threaten the public health or safety;

2. The permittee’s conduct of the use is contrary to local, State or Federal law;

3. The permittee’s conduct of the use constitutes a public nuisance;

4. The permittee’s conduct of the use is contrary to any condition or restriction previously established in the special use permit;

5. The permittee has not substantially initiated the use within one year from the date of the issuance of the special use permit or the time otherwise specified in the special use permit; or

6. After commencing the use, the permittee’s conduct of the use has been abandoned for a period of 180 consecutive days or more.

86.55.100 Emergency suspension.

A. At any time when the conduct of the use is in violation of the terms and conditions of the permit or in some other manner immediately threatens the public health or safety, any City official responsible for enforcing this code may immediately suspend the special use permit by so notifying the permittee or the permittee’s responsible employee or agent involved in the threatening conduct.

B. The City official suspending the permit shall reinstate the permit when the threat is removed. The actions of the suspending City official may be appealed orally to the City Manager during the suspension. The City Manager shall determine whether an existing threat requires the continuation of the suspension and thereafter advise the permittee of the determination.

86.55.110 Special uses by permit – Any zone except Commercial.

The following uses may be established and maintained in any zone except Commercial only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use Type of Permit
Antenna tower Minor
Antenna mast Minor
Publicly owned Major
Public utility/service
Uses and structures, including but not
limited to reservoirs, tanks, pumping
stations, telephone exchanges, power and
transformer stations or facilities, but not
including distribution lines
Major
Transmitters
Radio/television
Similar facilities
Major
(Ord. 1954 § 9, 2003; Ord. 1827; Ord. 1817)

86.55.120 Special uses by permit – Any zone except C-U, OS, Commercial, and R-4.

The following uses may be established and maintained in any zone, except the C-U, OS, Commercial, and R-4 Zones, unless specifically authorized in other sections of the Municipal Code, and only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

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Use Type of Permit
Church Major
Philanthropic institution Major
Planned community development Major
School
College
Elementary
Nursery
Day nursery
Preschool
Private
Secondary
University
Major
(Ord. 1981 § 6, 2006; Ord. 1954 § 10, 2003; Ord. 1817)

86.55.130 Special uses by permit – H-M Zone.

The following uses may be established and maintained in the H-M Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use Type of Permit
Aquaculture Major
Assemblages of many people/
automobiles, open-air theaters,
sport/recreational enterprises
Major
Automobile car wash, whether or not in
conjunction with any other use
Major
Boarding house Major
Clinic, medical Major
Dumps/landfills
Public
Private
Major
Formula fast food restaurants Minor
Formula retail Major
Hospitals
General
Convalescent
Major
Nursing home Major
Rest home Major
Sanitarium Major
(Ord. 1954 § 11, 2003; Ord. 1919; Ord. 1910; Ord. 1881)

86.55.140 Special uses by permit – C Zone.

See CMC Title 88, Orange Avenue Corridor Specific Plan, for uses allowed in the Commercial Zone with a special use permit. (Ord. 1954 § 12, 2003; Ord. 1868)

86.55.150 Special uses by permit – L-C Zone.

Repealed by Ord. 1954. (Ord. 1868)
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86.55.160 Special uses by permit – C-R Zone.

The following uses may be established and maintained in the Commercial Recreation Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use Type of Permit
Art galleries Major
Cocktail lounge Major
Marine oriented activities
Boat/yacht sales
Not refueling facilities
Major
Meeting halls
Clubs
Lodges
Assembly halls
Major
Restaurant
Full service, fast food or formula fast food
Major
Theater for the performing arts Major
Tourist oriented specialty shops Major
Compatible uses determined by the
Planning Commission to be closely related
to uses in this section
Major
(Ord. 1910)

86.55.170 Special Uses by Permit – R-4 Zone.

A. The following uses may be established and maintained in the R-4 Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Stand Alone Uses Type of Permit
Hotel and motel Major
Professional Major
Residential care facility, large Major
Boarding house Major
Single-room occupancy units Major
Combined Use Development Type of Permit
Boarding house with residential Major
Nursing home with residential Major
Professional with residential Major
B. A maximum of three professional sites are permitted in the R-4 Zone including new and existing facilities.

C. Professional office space as part of a combined use development is limited to the first floor of a building. (Ord. 2040 § 14, 2014; Ord. 1981 § 7, 2006; Ord. 1910)

86.55.175 Special uses by permit – R-4 Zone existing nonresidential facilities.

Existing nonresidential uses and facilities located in the R-4 Zone are permitted subject to one of the following:

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A. To be maintained as stand alone uses.

B. To be reconstructed as stand alone uses subject to the issuance of a major special use permit.

C. To be reconstructed as a combined use development with professional and residential uses, provided professional office space is limited to the first floor and the total number of professional sites in the R-4 Zone does not exceed three, and subject to the issuance of a major special use permit. (Ord. 1981 § 8, 2006)

86.55.178 Special uses by permit – R-4 Zone clubs, lodges and churches.

Existing clubs, lodges, and churches in nonresidential facilities located in the R-4 Zone can be changed to different clubs, lodges and churches within an existing facility subject to a major special use permit. (Ord. 1981 § 8, 2006)

86.55.180 Special uses by permit – R-3 Zone.

The following uses may be established and maintained in the R-3 Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use Type of Permit
Boarding house Major
Lodging house (Note: Allowed only in “P”
Overlay Zone)
Major
(Ord. 1788)

86.55.190 Special uses by permit – Open Space Zone.

The following uses may be established and maintained in the Open Space Zone only if the designated type of special use permit is first obtained and thereafter the permittee complies with all of the provisions therein:

Use Type of Permit
Aquaculture Major
Campground, public and private Major
Commercial use incidental to the operation
of public or private recreational facilities
Sale of food and refreshments
Boat refueling services
Major
Permanent structure necessary for and
accessory to a permitted use
Major
Private recreational facility Major
Compatible uses determined by the Planning
Commission to be closely related to uses in
this section
Major
(Ord. 1839)

86.55.193 Special uses by permit – Civic Use (C-U) Zone.

Repealed by Ord. 2040. (Ord. 2015 § 17, 2010)

86.55.195 Historic resources and special uses by permit – Residential Zones.

In addition to the aforementioned sections contained within this chapter, in any Residential Zone a historic resource may be used as a residential use, a combined residential and commercial use, solely as a commercial use, or any other use permitted by the Planning Commission and City Council through a major special use permit. (Ord. 1918) Attachment 5
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86.55.200 Veterinarian hospital.

An animal hospital or veterinarian facility shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The use shall be located no closer than 100 feet to any Residential Zone, or existing restaurant, hotel, or motel.

B. The use must have measures and controls that prevent offensive noise and odor. (Ord. 1954 § 13, 2003)

86.55.210 Antenna tower and antenna mast.

A. An antenna tower or antenna mast shall be subject to the applicable zoning regulations of this title, subject to such conditions as may be necessary to accomplish the purposes of this title.

B. No special use permit is required for a tower or mast which complies with each of the following:

1. Does not exceed 66 feet in height measured from grade level;

2. The first eight feet above grade level shall be visually screened by appropriate fences, walls or hedges;

3. No portion of the tower or mast is located within a setback area; and

4. Required building permits have been approved.

C. This section does not apply to antenna tower or masts associated with a wireless communications facility. (Ord. 2083 § 3 (Exh. A), 2018)

86.55.215 Wireless communication facilities (WCFs).

A. “Wireless communications facility” is defined as a facility that sends and/or receives radio frequency signals, AM/FM, microwave, and/or electromagnetic waves for the purpose of providing voice, data, images or other information, including, but not limited to, cellular and/or digital telephone service, personal communications services, and paging services. Wireless communications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; towers or similar structures built to support such equipment; equipment cabinets, base stations, and other accessory development; and screening and concealment elements.

B. All wireless communication facilities, and any modifications, collocations, expansions or other changes to existing WCFs, are subject to review and applicable permits as specified in City Council procedures and all WCFs shall comply with said procedures.

C. “Wireless communication facility (WCF)” means any component, including antennas and all related equipment, buildings and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include, but are not limited to, cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground-based repeaters for satellite radio services, micro-cell antennas and similar systems which exhibit similar technological characteristics. (Ord. 2083 (Exh. A), 2018)

86.55.220 Aquaculture.

Aquaculture shall be subject to the applicable zoning regulations of this title subject to the following: Mitigation of all significant environmental impacts into insignificance.

86.55.230 Automobile car wash.

An automobile car wash shall be subject to the applicable zoning regulations of this title, subject to the following:

A. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance;
B. Hours of operation shall be as specified in the special use permit; Attachment 5
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C. Vacuuming facilities shall be located to discourage the stacking of vehicles entering the car wash area and causing traffic congestion adjacent to any areas used for ingress or egress; and D. The minimum setback from the car wash structure to the front property line shall be determined by the Zoning Administrator, upon submission of plans for design review and architectural approval.

86.55.240 Automobile sales facilities, new and/or used.

Repealed by Ord. 1954.

86.55.250 Automobile service station.

A special use permit shall be required for an automobile service station under the following conditions:

1. Construction of a new service station;

2. Reopening of a service station that has been vacant for a period of at least six months; or

3. Renovation, alteration or addition to an existing service station when such change, within a 12-month period, exceeds 50 percent of the value of the existing building or structure as officially established by the latest records of the County Assessor of San Diego County.

When an automobile service station is proposed, then, in addition to the applicable zoning regulations and the regulations of this chapter, the proposed use shall be subject to the following:

A. Application Procedure. The applicant shall submit the following information:

1. A full dimensioned plot plan of the property drawn to scale, showing location of all buildings, canopies, points of vehicular access, pump islands, storage facilities, landscape planters, exterior lighting standards, signs, walls, parking spaces, trash enclosures, curb cuts and driveway approaches;

2. An engineered on-site grading plan, which shows compliance with all requirements of the City governing grading and drainage;

3. A landscape and irrigation plan showing the size, location, number and variety of plant materials to be used, including the botanical or common plant names and the location, type and design of all irrigation facilities;

4. Architectural elevations of all buildings, walls, signs and trash enclosures including a description of the materials, textures and colors to be used; and

5. A list of services and operations intended to be provided.

B. Activities and Services. In addition to the sale of motor fuel, activities and services shall be permitted, limited or precluded as follows:

1. Rental of trucks, trailers and similar vehicles may be permitted; provided, that the site contain adequate space for display and/or parking and that such rentals be displayed and/or parked only in an area so designated as part of the special use permit. Unless expressly stated otherwise as part of the special use permit, displaying and/or parking of rentals shall not be within 20 feet of any street frontage property line.

2. All new and used merchandise shall be stored and displayed within the service station building, except new and reconditioned tires, batteries, accessories and lubrication items which are maintained in enclosable cabinets or racks designed for the display and sale of said merchandise. The location of enclosable cabinets and racks shall be designated on the special use permit.

3. No used or discarded automotive parts or equipment or permanently disabled, junk or wrecked vehicles shall be located outside the service station building except within an enclosed trash storage area screened from public view.

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4. All major auto repair, as defined herein, including but not limited to painting, welding, body and fender repair, tire recapping and the rental of heavy equipment and the sale and rental of other merchandises other than that specified in this section and in the special use permit, is expressly prohibited.

5. Public telephones are permitted, provided they shall observe the same front and side yard setbacks as any adjoining property and are located so as to be visible from the public right-of-way and accessible on a 24-hour basis.

6. Products which render an express convenience of service to the customer, such as pump island racks containing oil cans and additives, may be displayed under the pump island canopy when maintained in a cabinet or display rack. Such cabinets or racks shall not obstruct vehicular access to pump islands.

7. The sales and rental of any type of merchandise not related to the motoring public is prohibited except vending machines shall be permitted only within an enclosed building and shall not be visible from off the premises, and such proprietary items as road maps, highway flares, insecticides or other small items incidental and related to the convenience of the motoring public.

8. Tow trucks and similar service vehicles may be allowed if approved as part of the special use permit and shall be parked only in an area expressly provided and approved as part of the special use permit.

9. The use of a service station as a commercial parking lot is prohibited unless expressly approved as part of the special use permit.

10. Storage and trash shall be kept only in areas approved as part of the special use permits and shall not be placed higher than the walls enclosing such areas. Trash may be collected in containers at the pump islands or inside buildings and service bays. Any such containers visible from off the premises shall be designed as an integral part of the building architecture.

11. Hours of operation may be designated as part of the special use permit if exceptional circumstances exist such as close proximity to Residential Zones.

12. The removal, overhaul, and replacement of motors, differentials and transmissions is permitted, provided these activities occur within a completely enclosed building, and on vehicles with a rated capacity not to exceed one and one-half tons. These activities shall constitute only an accessory and incidental use of the service station operation and shall not create obnoxious odors, smoke, noise, vibration or otherwise create a nuisance.

C. Combination Uses. Service stations combined with another use may be approved as part of the special use permit providing the other use is permitted within the zone district, parking and access is provided for the customers in an area additional to the area required for the service station and access to the other use is safe and not in conflict with the service station.

D. Development Standards. The architectural design of service station development shall be compatible with the character of development of the area in which it is to be located. However, innovative architectural design and site layout which would contribute to the efficiency and appearance of the station and minimize adverse effects on adjacent property is encouraged.

E. Access.

1. Two driveways on each street frontage may be permitted with the approval of the City Engineer. Access driveways shall be no closer than 35 feet from the point of intersection of the ultimate right-of-way lines of the adjoining street, but in no case closer than five feet to the point of curb return. Such driveways shall be at least 25 feet apart and they may be no closer than five feet to the side property line.

2. Whenever possible, a combined driveway for both the service station and adjacent shopping center or commercial property shall be designated and provided.

3. Access to lube bays shall be from the side or rear of the station except in cases where the Planning Commission finds that front access will best preserve the interests of adjacent land users, will serve the Attachment 5
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F. Lot Grading and Drainage. Grading of service station sites shall provide a minimum rise, in order to ensure required fall for drainage, and shall be engineered in a compatible manner with the surrounding properties. All drainage to the street shall be by underground structures to avoid drainage across City sidewalks or drive aprons, and shall be subject to the approval of the Director of Public Services.

G. Utilities. All on-site utilities (electrical and communication) shall be installed underground. Existing off-site abutting utility lines shall be converted to underground if street widening necessitates relocation of such utility facilities.

H. Setbacks. All buildings shall be set back from interior and street frontage property lines a minimum of 30 feet, pump islands parallel to the adjacent street shall be situated a minimum of 20 feet from all property lines, pump islands perpendicular to the adjacent street shall be a minimum of 24 feet from all property lines, and canopies shall be a minimum of 10 feet from any street frontage property line.

I. Canopy Structure. Every pump shall be covered by a canopy structure designed and constructed of material to blend with the main building. Where design permits, the pump island canopy structure shall be attached to and made an integral part of the main building structure.

J. Storage Area. Each service station shall have a storage area. The required storage area may be constructed outside of the main building providing that it be enclosed by an eight-foot high solid masonry wall, containing an opening enclosed with a view obscuring gate made of a durable material, and be roofed and contiguous to the main building unless approved otherwise as part of the special use permit.

K. Trash Enclosure. Each service station shall have at least one trash enclosure. All outside trash areas shall have a minimum area of 100 square feet with a minimum dimension of five feet by eight feet, have a concrete floor, be constructed to accommodate a refuse container, and except for one entrance, are to be surrounded by an eight-foot high solid wall constructed of masonry or steel and shall be constructed in a manner so that the materials used will blend architecturally with the design of the main structure. The entrance shall be enclosed with a view obscuring gate made of a durable metal material.

L. Restrooms. All restroom entrances shall be situated either to the side, to the rear or within the main building. The restroom area may be situated in a location other than above if approved by the Planning Commission as part of the special use permit. All outside restroom entrances shall be screened by not less than a five-foot high decorative structure and screen landscaping conforming to the design of tile station.

M. Lighting. All exterior lighting, including canopy lighting and perimeter lighting, shall be located, arranged and shielded so as to prevent substantial glare or reflection onto adjacent properties or public right-of-way.

N. Perimeter Walls. Whenever a service station abuts property in a Residential Zone, there shall be constructed along the property line abutting the Residential Zone a solid decorative masonry wall not less than six feet nor more than eight feet in height, measured from finished grade elevation of abutting residential property. Walls need not be installed when building walls or other acceptable walls already exist on such property lines, or the service station is part of a shopping center development. The wall requirement may be modified as part of the special use permit.

O. Walls as Landscaped Separation. A wall constructed on the interior property lines shall make provisions for three wells or landscaped planting areas not less than 16 square feet in area. When included as part of the wall design, the wells or plantings shall be spaced not less than eight feet nor more than 16 feet apart. Continuous planters or planters of uneven length may satisfy this requirement if they are at least four feet deep, extending at least one-third of the length of the wall, and include trees planted not more than 16 feet apart.

P. Landscaping. At least 10 percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Planting areas shall include but are not limited to the following:

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1. All landscaped planters shall be enclosed with a brick or concrete curb not less than six inches high above the finished grade of the site.

2. A minimum five-foot wide (inside dimension) raised planter, with six-inch curb face made of concrete or brick, for purposes of separating pump islands from the sidewalk. Landscaped planters may be rounded at driveway entrances utilizing a minimum 10-foot radius.

3. A minimum of 150 square feet of raised planter with curb, minimum six inches in height, shall be provided at the street frontage of the intersecting corner of the site, from curb cut to curb cut.

4. All planting other than trees shall be so maintained so as not to exceed a height greater than 30 inches, shall not be thorny or spiked and shall not extend over the sidewalk or public right-of-way.

5. Fifteen-gallon trees shall be placed in the parkway area (between curb face and back of sidewalk) with spacing and variety of trees to be approved by the Director of Public Services and the Design Review Commission.

6. The main structure of each service station shall be provided with masonry enclosed planters adjacent to all building areas not occupied by doorways, trash areas, by opening, or other such reasonable areas of deletion, or possess a 42-inch high masonry veneer wall. This provision shall apply in such cases where metal buildings are constructed.

7. Except for common traffic movement drives, service stations within shopping centers or tourist centers shall be delineated from the remainder of the property by a landscaped buffer with minimum inside dimensions of four feet and enclosed by a six-inch concrete or brick curb. Common and integrated traffic movement drives between the service station and the remainder of the property shall be encouraged.

8. All planting areas shall be provided with a permanent irrigation system of a design suitable for the type and arrangement of the plant materials selected.

9. All planted areas shall be maintained so as not to constitute a health or fire hazard.

86.55.260 Auto repair.

An auto repair facility shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The repair activity shall be enclosed in a building.

86.55.270 Building materials retail sale.

A building materials retail sales use shall be subject to the applicable zoning regulations of this title, subject to the following:

A. Outdoor storage yard activity shall be completely screened from public view.

86.55.280 Clubs, lodges, assembly halls, and public buildings.

A club, lodge, assembly hall or public building shall be subject to the applicable zoning regulations of this title, subject to the following:

A. Any such use shall provide access without causing heavy traffic congestion on adjacent residential streets; B. They will not be a nuisance to residences or other adjacent uses; and C. Incidental commercial activity shall be confined completely within the building.

86.55.290 Industrial/manufacturing.

An industrial or manufacturing use involving the manufacture, repair or processing of materials or goods shall be subject to the applicable zoning of this title, subject to the following:

A. The use shall be conducted within an enclosed building; and Attachment 5
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B. Where materials or goods are to be stored outside, such materials or goods shall be completely screened from public view.

86.55.300 Hospital or convalescent hospital.

A hospital or convalescent hospital shall be subject to the applicable zoning regulations of this title, subject to the following. In any R Zone, other than the R-SCD Zone, the use:

A. Shall be located on a collector street or thoroughfare; B. Shall be located on a parcel of one acre or more;
C. Shall maintain a 10-foot wide minimum landscaped strip or solid eight-foot fence or masonry zoning wall on all property lines abutting any R Zone (except that the fence or wall may be reduced to three and one-half feet in a landscaped front setback area not containing parking facilities); and D. Shall have side yard and rear yard setbacks of at least 20 feet.

86.55.310 Kennels for dogs/cats.

Repealed by Ord. 1954. (Ord. 1885)

86.55.320 Reserved.

86.55.330 Repealed.

Repealed by Ord. 1827.

86.55.340 Lodging houses.

A lodging house shall be subject to the applicable zoning regulations of this title, subject to the following:

A. The use shall occur in a structure constructed prior to 1900 for which City of Coronado historic resource designation must be obtained and maintained per CMC Title 84.

B. The historic dwelling unit shall be maintained on its original site in a manner to reflect the dwelling’s original architecture, massing and bulk. (Ord. 2018 §§ 6, 7, 2010; Ord. 1788)

86.55.350 Mixed use development.

A. Mixed use development incorporating residential uses may be allowed in the Central Commercial or Limited Commercial Zones as a “Planned Community Development” per the standards and procedures of Chapter 86.46 CMC and the residential density permitted in the R-4 Zone.

B. Repealed by Ord. 1954. (Ord. 1954 § 16, 2003; Ord. 1868)

86.55.360 Formula fast food restaurants.

A. Purpose. The purpose of the standards in this section is to regulate the number, location and operation of formula fast food restaurants in order to maintain the City’s unique village character, the vitality of our commercial districts, and the quality of life of Coronado residents.

B. Regulations.

1. The formula fast food restaurant shall fully comply with all applicable regulations in this code.

2. The regulations in this section shall be used by the Planning Commission in reviewing an application or amendment for a minor special use permit concerning a formula fast food restaurant, and by staff when reviewing a building permit application, an application for occupancy or a Design Review or Planning Commission application.

3. A formula fast food restaurant may only be established on a site after obtaining a minor special use permit from the City for the operation of that use on said site. Similarly, a formula fast food restaurant may only relocate or physically expand in a manner to increase its seating capacity after obtaining a minor special use permit or minor SUP amendment as applicable.

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4. Change of ownership shall not, by itself, require obtaining a minor special use permit or minor SUP amendment as applicable.

C. Establishment or Relocation. A formula fast food restaurant may only be established or relocated:

1. On a site that is not located on a street corner; except such a restaurant may be located on a street corner where the immediate prior use was a formula fast food restaurant;

2. Where it would not result in two or more formula fast food restaurants operating on that site (i.e., two or more formula fast food restaurant business entities requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business on the same site);

3. When it would not result in formula fast food restaurants operating at more than 10 sites under the jurisdiction of this title; and

4. So long as the Planning Commission finds that establishing or relocating the formula fast food restaurant will not increase the intensity of use on the site to a level that will adversely impact:
a. Land uses in the area;
b. Pedestrian or motor vehicle traffic; or
c. The public welfare.

D. Physical Expansion. An existing formula fast food restaurant may only be physically expanded in a manner to increase seating capacity:

1. Onto a site other than a corner;

2. Where it would not result in two or more formula fast food restaurants operating on that site (i.e., two or more formula fast food restaurant business entities requiring separate business licenses, or displaying in a manner visible from public property separate business trademarks, logos, service marks or other mutually identifying names or symbols, for the daily or weekly conducting of business on the same site); and

3. So long as the Planning Commission finds that physically expanding the formula fast food restaurant will not increase the intensity of use on the site to a level that will adversely impact:
a. Land uses in the area;
b. Pedestrian or motor vehicle traffic; or
c. The public welfare.

E. Trash. The formula fast food restaurant will operate in accordance with a “trash disposal plan,” approved by the Planning Commission. The plan shall address litter control, trash collection, on-site storage, and pick up on a regular basis. The plan shall include proof of a contract with the City disposal contractor, and specify that such a contract shall be maintained as a requirement for the issuance and retention of the minor use permit.

F. Design Review. Establishment or external alteration of a formula fast food restaurant is subject to Design Review Commission review. (Ord. 1901; Ord. 1881)

86.55.370 Formula business.

A. Purpose. The purpose of the standards in this section is to regulate the location and operation of formula business establishments in order to maintain the City’s unique village character, the diversity and vitality of the community’s commercial districts, and the quality of life of Coronado residents. It is presumed that establishing or preserving an appropriate and balanced mix of local, regional, and national-based businesses and small, medium or large-sized Attachment 5
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. businesses will more effectively serve to achieve this purpose as a strategy to maintain the economic health of the community’s business districts and the small-scale eclectic ambiance.

B. Regulations.

1. A formula business establishment may be allowed in the Hotel-Motel Zone with a major special use permit;

2. The cumulative expansion of a formula business establishment by 500 or more square feet of floor area shall require a minor special use permit amendment or a minor SUP if the establishment does not already have a major special use permit;

3. A formula business establishment (except for grocery stores, banks, savings and loans, full service restaurants and theaters) shall not have a street level frontage of greater than 50 linear feet on any street or have its retail space occupy more than two stories;

4. A formula business establishment shall fully comply with all applicable regulations of this code including environmental design review; and

5. Change of ownership of an existing formula business establishment shall not, by itself, require obtaining a major special use permit or major SUP amendment as applicable.

C. Required Findings for Approval.

1. The formula business establishment will be compatible with existing surrounding uses, and has been designed and will be operated in a nonobtrusive manner to preserve the community’s character and ambiance;

2. Approval of the formula business establishment will be consistent with the policies and standards of the General Plan and the local coastal program, and that the proposed intensity of uses on the sites is appropriate given the uses permitted on the site and on adjoining sites by these documents;

3. Approval of the formula business establishment will contribute to an appropriate balance of local, regional or national-based businesses in the community; and

4. Approval of the formula business establishment will contribute to an appropriate balance of small, medium and large-sized businesses in the community. (Ord. 1954 § 14, 2003; Ord. 1919)

86.55.380 Emergency shelters.1
Repealed by Ord. 2040. (Ord. 2015 § 17, 2010)
1 Code reviser’s note: Ordinance No. 2015 adds these provisions as CMC 86.55.370. This section has been editorially renumbered to prevent duplication of numbering.

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Chapter 86.56

SPECIAL PROVISIONS
Sections:

86.56.005 Family day care home.

86.56.010 ReservedLow Barrier Navigation Centers.

86.56.020 Repairing, cleaning, maintenance associated with permitted use.

86.56.030 Restaurants with entertainment facilities, night clubs and similar recreation facilities.

86.56.035 Drive-thru restaurants.

86.56.040 Trash storage.

86.56.045 Exception – Building height limits for development located in all zones except R-1A, R-1A(BF), R-1B, R-3 and R-4 Zones.

86.56.048 Exception – Building height limits for multiple-family and nonresidential development in the R-4 Multiple-Family Residential Zone.

86.56.050 Exceptions – Height limits.

86.56.070 Trailers, mobile homes, travel trailers, camp cars, campers.

86.56.080 Boats, ships or other watercraft.

86.56.090 Main buildings.

86.56.100 Accessory buildings.

86.56.105 Accessory dwelling unit and junior accessory dwelling units.

86.56.110 Carriage house.

86.56.120 Mechanical equipment.

86.56.130 Roof dormers.

86.56.140 Roof decks and balconies above 14 feet.

86.56.159 Fences, walls or hedges – Measurement of height.

86.56.160 Fences, walls or hedges – Height limit, side or rear yard.

86.56.165 Fences, walls or hedges – Height limit, front yard.

86.56.170 Fences, walls or hedges – Height limit, street side yard.

86.56.175 Vertical barriers – Fences, walls or hedges – Height limit, sight triangle for residential corner lot.

86.56.180 Two-unit residential developments in single-family zones.

86.56.190 Reserved. Supportive Housing.

86.56.200 Reserved.

86.56.210 Repair of vehicles in Residential Zones.

86.56.220 – 86.56.559 Reserved.

86.56.560 Zoning wall or fence.

86.56.570 Exceptions – Pools.

86.56.575 Exceptions – Basements.

86.56.580 Setback exceptions – Architectural projections.

86.56.590 Exceptions – Fire escapes.

86.56.595 Setback exceptions – Landscape accessory structures in front and rear yards.

86.56.600 Setback exceptions – Stairways, balconies, and decks except for multiple-family residential development in the R-4 Zone.

86.56.602 Setback exceptions – Stairways, balconies, decks, and bay windows for multiple-family development in the R-4 Zone.

86.56.604 Setback exceptions – Encroachment of main building into required front and rear yards except for multiple-family residential development in the R-4 Zone.

86.56.606 Setback exceptions – Encroachment of main building into required front yard for multiple-family residential development in the R-4 Zone.

86.56.608 Exceptions – Porte-cochere except for multiple-family residential development in the R-4 Zone.

86.56.610 Exceptions – Porches and landing places except for multiple-family residential development in the R-4 Zone.

86.56.615 Exceptions – Porches and landing places for multiple-family residential development in the R-4 Zone.

86.56.620 Exceptions – Encroachments into building separation areas.

86.56.630 Exceptions – Average front yard setback rule.

Attachment 5
City of Coronado Page 798
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.56.632 Courtesy notice for residential zones.

86.56.635 Lot and building certification required.

86.56.640 Exceptions – Alley splits.

86.56.650 Illegal alley subdivisions.

86.56.660 Reserved.

86.56.670 Massage establishment.

86.56.700 Reserved.

86.56.730 Amusement device center – Location.

86.56.740 Adult video cassette activity.

86.56.750 Prediction of worldly events.

86.56.760 Exceptions – Structural coverage.

86.56.770 Private storage space for residential condominium complexes.

86.56.780 Reserved.

86.56.790 Satellite antennas.

86.56.800 Development landscaping required.

86.56.810 Historic resources.

86.56.820 Vacant premises.

86.56.830 Manufactured housing requirements.

86.56.840 Undergrounding of utilities for residential zones.

86.56.005 Family day care home.

A. “Family day care home” means a home which regularly provides care, protection, and supervision of 12 or fewer children in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, of which there are two types:

1. “Large family day care home” means a home which provides family day care to seven to 12 children, inclusive, including children who reside at the home; and

2. “Small family day care home” means a home which provides family day care to six or fewer children, including children who reside at the home.

B. A large family day care home shall be subject to the applicable zoning regulations of this title including the general regulations of residential uses, subject to the following:

1. An application for a large family day care home shall be processed by the Director of Community Development in accordance with the standards presented in Section 1597.46(a)(3) of the State of California Health and Safety Code;

2. Large family day care homes shall have available for use one parking space per two employees and/or resident adults, calculated for that month, day and hour of operation when the greatest number of such employees and/or adults could be on site, but shall not be required to provide parking in excess of that required by this code for the underlying residential land use;

3. Large family day care homes shall provide a zoning wall acceptable to the Director of Community Development around rear or side yards utilized for play areas. In nonresidential zones, a zoning wall may also be required by the Director of Community Development for the front yard if it is to be utilized as a play area.

Such a front yard zoning wall shall also be subject to Director review;

4. Large family day care homes shall not be permitted in the following locations in Residential Zones unless a finding is made by the Director of Community Development that closer proximity of such facilities to each other will not negatively effect the character of the specific neighborhood surrounding the proposed site for such a facility:
a. On the same block face as any other large family day care home; or b. Within 300 feet of any other large family day care home. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
City of Coronado Page 799
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.56.010 ReservedLow Barrier Navigation Centers.

A low barrier navigation center, as defined in Government Code Section 65660, is allowed by right in areas zoned for mixed use and in nonresidential zones permitting multifamily uses, provided that the use meets the requirements specified in Government Code Section 65662.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.020 Repairing, cleaning, maintenance associated with permitted use.

Facilities for the repairing, cleaning or maintenance of materials associated with the primary or accessory use shall be subject to the following minimum requirements:

A. All buildings and equipment shall observe the same yard requirements applicable to all buildings within the zone.

B. Such facilities shall be surrounded by a solid masonry wall or chain link fence subject to Community Development Department approval, not less than six feet in height, with lockable gates at all access points.

C. The wall or fence shall be set back not less than 15 feet from the principal street frontage and the space between the wall and street lot line provided with permanent landscaping and adequate sprinklers or appropriate automatic irrigation devices.

D. The wall or fence may be waived by the Planning Commission if they find there would be no detrimental effect on the adjacent areas by elimination of this requirement. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.030 Restaurants with entertainment facilities, night clubs and similar recreation facilities.

Restaurants with entertainment facilities, nightclubs, and similar recreation facilities shall comply with the following provisions:

A. Any such use shall show that adequate controls or measures will be taken to prevent offensive noise or vibration in conformance with the noise ordinance of the City.

B. They will not be a nuisance to residences or other adjacent uses. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.035 Drive-thru restaurants.

Drive-thru restaurants are prohibited. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.040 Trash storage.

Any change of land use or buildings constructed, reconstructed, enlarged, added to or structurally altered in all Multiple-Family, Commercial and Industrial Zones shall provide for adequate trash storage as follows:

A. All trash areas shall be enclosed within a minimum five-foot-high masonry wall or fence.

B. At no time shall the trash exceed the height of the fence or wall.

C. The precise location of any trash area shall be approved by the Community Development Department upon review of the site plan.

D. The trash enclosure shall be permanently and continuously maintained. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.045 Exception – Building height limits for development located in all zones except R-1A, R-1A(BF), R-1B, R-3 and R-4 Zones.

For all zones except R-1A, R-1A(BF), R-1B, R-3 and R-4 Zones, in no case shall the average height of a roof’s highest ridge or the average height of a parapet exceed by more than 10 percent the maximum building height permitted in the zone. (Ord. 2062 § 2 (Exh. A), 2016)
Attachment 5
City of Coronado Page 800
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

86.56.048 Exception – Building height limits for multiple-family and nonresidential development in the R-4 Multiple-Family Residential Zone.

A. For multiple-family and nonresidential development in the R-4 Multiple-Family Residential Zone with a flat roof and parapet, mansard, or sloped roof less than 2:12, cable railing systems that are 90 percent transparent may extend two feet beyond the allowable building height.

B. For multiple-family and nonresidential development in the R-4 Multiple-Family Residential Zone, a maximum of 20 percent of allowable lot coverage (building footprint) can be increased to 40 feet in building height if the following criteria are met:

1. The roof increased beyond 35 feet has a pitch equal to or greater than 2:12.

2. The building volume of the main building adjoining or adjacent to the building bulk of the structure increased beyond 35 feet is reduced in a proportionate fashion so that the net result is that the total building volume of all structures is not increased.

3. The increased building height shall be compatible with adjoining properties as determined by the Design Review Commission. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.050 Exceptions – Height limits.

Height limitations imposed in this title shall not apply to:

A. Church spires, flagpoles and monuments erected on public property, and similar architectural features when approved by the Design Review Commission;
B. Vents and chimneys. In no case shall the height or bulk of said items exceed the minimum height or bulk required by the Uniform Building Code;
C. Cupolas, domes, towers, sky lights, spires, flagpoles or masts, and similar architectural features (excluding enclosed or covered structures providing access to roofs or roof decks, which are not allowed to exceed height limits, e.g., enclosed or covered stairwells or elevators) in accordance with the following limits:

1. Single-family dwelling or duplex main buildings in all zones except for the R-1A(BF) Subzone:
a. The total of said features shall not exceed 100 square feet and 10 feet in width or diameter on any one side up to a maximum of 25 feet in height;
b. The total of said features shall not exceed 36 square feet and six feet in width or diameter on any one side up to a maximum of 28 feet in height;
c. The total of said features shall not exceed 16 square feet and four feet in width or diameter on any one side up to a maximum of 33 feet in height;
d. The total of said features shall not exceed one square foot and one foot in width or diameter on any one side up to a maximum of 35 feet in height.

2. Multiple-family dwellings or nonresidential main buildings in the R-3 Zone:
a. The total of said features shall not exceed 100 square feet and 10 feet in width or diameter on any one side up to a maximum of 30 feet in height;
b. The total of said features shall not exceed 36 square feet and six feet in width or diameter on any one side up to a maximum of 33 feet in height;
c. The total of said features shall not exceed 16 square feet and four feet in width or diameter on any one side up to a maximum of 38 feet in height;
Attachment 5
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. d. The total of said features shall not exceed one square foot and one foot in width or diameter on any one side up to a maximum of 40 feet in height.

3. Multiple-family dwellings or nonresidential main buildings in nonresidential zones:
a. The total of said features shall not exceed 100 square feet and 10 feet in width or diameter on any one side up to a maximum of 40 feet in height;
b. The total of said features shall not exceed 36 square feet and six feet in width or diameter on any one side up to a maximum of 43 feet in height;
c. The total of said features shall not exceed 16 square feet and four feet in width or diameter on any one side up to a maximum of 48 feet in height;
d. The total of said features shall not exceed one square foot and one foot in width or diameter on any one side up to a maximum of 50 feet in height;
D. Elevator shafts and mechanical equipment associated with multiple-family residential development in the R-4 Zone cannot exceed 35 feet in height subject to the following conditions:

1. Mechanical equipment shall not exceed an area of 25 square feet per dwelling unit.

2. Mechanical equipment shall be architecturally compatible with the building and be approved by the Design Review Commission. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.070 Trailers, mobile homes, travel trailers, camp cars, campers.

A. It is unlawful to use a trailer, travel trailer, mobile home, camp car, camper, or similar vehicle for living or sleeping purposes on private property, except for temporary period(s) not to exceed 10 days during any 90-day period by guests or visitors of residents and/or homeowners of the City, subject to the locational restrictions specified for unoccupied vehicles of this type in subsection B of this section.

B. A trailer, travel trailer, mobile home, camp car, camper or similar vehicle may be stored only upon the rear of the property owned or rented by the owner of said motor vehicle or trailer.

C. It is unlawful to park or store a trailer, travel trailer, mobile home, camp car, camper or similar vehicle greater than 18 feet in length, 95 inches in width, or six feet in height (including its cargo) on any portion of the lot between the main building and the front property line including a driveway in said area, except for temporary period(s) not to exceed 10 days during any 90-day period.

D. It is unlawful to use a trailer, travel trailer, mobile home, camper or similar vehicle for office purposes in any zone, except that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more such vehicles described above for watchmen, supervisory or other personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction.

Any such permit shall be issued by the Director of Community Development, after an application, in writing, is submitted by the general contractor specifying the following:

1. The number of such vehicles and number of personnel to occupy such vehicles;

2. The hours during which such personnel will occupy such vehicles;

3. The total period for which such permit is sought; and

4. All trailers for which a permit is issued shall be removed from the premises within 10 days from notification of expiration of the temporary permit or an extension thereof. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.080 Boats, ships or other watercraft.

A. It is unlawful to use a boat, ship or any other watercraft for living or sleeping purposes except when moored at an authorized water berth designed for such purpose.

Attachment 5
City of Coronado Page 802
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

B. Boats or boat trailers shall be placed, kept or maintained only upon the rear of the property of the resident if accessible for such use, and if not accessible, the side yard (except one of the required side yards shall remain unobstructed) area may be utilized for such purpose and screening from public view is encouraged.

C. It is unlawful to park or store a boat, boat trailer, or a boat on a trailer greater than 18 feet in length, 95 inches in width, or six feet in height on any portion of the lot between the main building and the front property line, including a driveway in said area, except for temporary period(s) not to exceed 10 days during any 90-day period. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.090 Main buildings.

There shall be a minimum 10-foot separation between all main buildings on a lot except for main buildings in the R1A Zone and R-1A Subzones which shall maintain a minimum 20-foot separation. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.100 Accessory buildings.

A. An accessory building may be erected detached from the main building on a lot.

B. Any accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the requirements of this title applicable to the main building prior to said attachment. A structural attachment shall consist of the following minimum standards:

1. It shall be made an integral part of the structure of the main building by providing an adjoining foundation as well as vertical and horizontal building elements.

2. It shall constitute an enclosed or enclosable space for the purpose of providing a functional use for the attachment, such as, but not limited to, a habitable room, storage or laundry facility. Roof connections, fences, walls, patio covers, and aboveground utilities shall not be considered as structural attachments.

C. Accessory buildings shall be separated from all other accessory buildings, patios, covered parking and similar structures by a distance of at least six feet or may be attached.

D. Accessory buildings may occupy not more than 25 percent of a required rear yard, provided such buildings are located at least 10 feet from the nearest part of a main building, are not more than one story (except for a “carriage house”) and comply with the zone height limit for accessory buildings.

E. Detached garages and/or covered parking required to comply with Chapter 86.58 CMC (Off-Street Parking) shall not be limited by the foregoing 25 percent structural coverage requirement and may be located at least six feet from the nearest part of a main building or may be attached to the main building. That portion extending into the required rear yard shall not exceed one story and shall comply with the zone height limit for accessory buildings.

F. Metal storage buildings not exceeding 100 square feet in area must maintain required side and rear yard setbacks for accessory buildings but shall not be required to meet any building separation requirements. Metal storage buildings exceeding 100 square feet shall comply with all requirements pertaining to accessory buildings.

G. In any case where a through lot has a depth of not more than 140 feet, accessory buildings may be located in one of the required front yards; provided, every portion of such building is at least 10 feet from the nearest lot line, does not exceed one story and complies with the zone height limit for accessory buildings.

H. An accessory building shall not constitute a separate dwelling unit unless it is established as an ADU in accordance with CMC 86.56.105. Accessory buildings that are “habitable units” shall not contain a kitchen and shall be only for use by the resident of the main building or such resident’s guests. Accessory buildings or “habitable units” within accessory buildings shall not be rented, let or leased independent of the main building for any lot.

Except as otherwise provided herein, no building or portions of buildings shall be leased apart from the entire parcel, and any agreement to rent, let, or lease any portion of a building, home, or lot contrary to the provisions of this subsection shall be a violation of this chapter unless it includes all buildings and all habitable units on the lot or parcels comprising the residential lot as the defined tenancy under the lease.

A covenant prepared by the City of Coronado, signed by the property owner and recorded by the San Diego County Recorder’s Office outlining the regulations of accessory buildings and habitable units shall be required prior to Attachment 5
City of Coronado Page 803
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. construction plans being approved and a building permit being issued for conversion to, or construction of, a habitable unit or carriage house.

1. Notwithstanding the restrictions on the lease of portions of buildings provided in this subsection H, an owner of a property may enter into a lease for any habitable unit in a home in which the property owner is also residing, which is not located in an accessory building or structure.

2. Nothing herein shall permit the lease of a room as a “habitable unit” where the room is separated from the home or building by means of walls or doors locked, or lockable, from the main building or home in order to prevent entry, and where the tenant is required to access the unit from an exterior door not shared by the owner or any other occupants of the building or home. (Ord. 2067 § 5 (Exh. A), 2017; Ord. 2062 § 2 (Exh. A), 2016)

86.56.105 Accessory dwelling unit and junior accessory dwelling units.

A. Purpose and Findings.

1. The purpose of this section is to provide regulations for the establishment of accessory dwelling units in residential zones and to define an approval process for such accessory dwelling units consistent with Government Code Sections 65852.2 and 65852.22, or any successor statute. The intent of this section is to provide opportunities for more affordable housing in areas where adequate public facilities and services are available, and impacts upon the residential neighborhoods directly affected would be minimized. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City. It is the goal of the Council that accessory dwelling units be equitably distributed throughout the City.

2. The City of Coronado is located entirely within the Coastal Zone and the City’s Local Coastal Program Land Use Plan was certified by the California Coastal Commission in December of 1983. The City is an isolated dense community established in a tight “grid pattern” over 100 years ago and is bordered almost entirely by the San Diego Bay and Pacific Ocean, with access to the City being only from State Route 75 from the south or the Coronado Bay Bridge. The City has numerous coastal resources that attract over 2,000,000 annual visitors, including public beaches, the San Diego Bay, Glorietta Bay, and the Hotel del Coronado. The annual visitors, coupled with historic development patterns of the City has created a significant impact on the City’s limited parking supply in the Coastal Zone that would be exacerbated by allowing accessory dwelling units and junior accessory dwelling units to be built without certain parking requirements, including replacement parking, as it would shift residential parking from on-site to on-street. The City’s Certified Local Coastal Program mandates certain parking requirements to be met, including the number of off-street parking spaces for dwellings, to ensure and maintain public access to the coast. The California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided for in Government Code Section 65852.2(I).

3. Junior and accessory dwelling units are residential uses consistent with the uses permitted in zones that allow for residential and mixed use residential development.

4. Junior and accessory dwelling units developed pursuant to the requirements of this subsection shall not cause the lot upon which the accessory dwelling unit is located to exceed the allowable density otherwise permitted for the lot. Therefore, the accessory dwelling unit/junior accessory dwelling unit shall not count as units when calculating density of the lot.

B. Junior and accessory dwelling units shall be permitted in zones which allow residential and mixed use residential development and shall comply with the following standards:

1. A detached primary single-family dwelling unit shall exist or be proposed on the lot, or existing multifamily dwelling units shall exist on the lot.

2. The accessory dwelling unit may be created within the existing walls of a primary residence or accessory structure (an “interior” accessory unit), may be created by an addition attached to an existing or proposed primary residence (an “attached” accessory dwelling unit), or may be a new structure detached from the primary residence (a “detached” accessory dwelling unit). It must be located on the same lot as the existing or proposed single-family home or multifamily dwelling.

Attachment 5
City of Coronado Page 804
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023.

3. Any construction of a junior or accessory dwelling unit shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:
a. No setback is required for an existing living area converted to a junior or accessory dwelling unit or for an existing accessory structure converted to an accessory dwelling unit, or for a new accessory dwelling unit constructed in the same location and built to the same dimensions as a legally approved existing structure. Verification of size and location of the existing and proposed structure by City staff requires preand post-construction surveys by a California licensed land surveyor. b. For all other accessory dwelling units, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines. c. Limits on lot coverage, floor area ratio, open space, front setbacks, and size (“specified standards”) must permit at least an 800-square-foot detached or attached accessory dwelling unit 16 feet high with four-foot side and rear yards (“baseline ADU”), if the proposed accessory dwelling unit is in compliance with all other development standards. The Community Development Director shall grant an exception to a specified standard if:
i. The specified standard would physically preclude the creation of a baseline ADU otherwise allowed by this section;
ii. The exception is the minimum necessary to allow for a baseline ADU; and iii. There is no feasible alternative to achieve a baseline ADU without the exception.

4. Proposed development projects that include a new single-family residence and an accessory dwelling unit or a junior accessory dwelling unit are required to comply with floor area ratio limits and other applicable development standards contained in the City’s Zoning Ordinance.

5. No more than one junior accessory dwelling unit or one accessory dwelling unit shall be permitted per single-family lot, except as permitted in subsection (C)(2) of this section.

6. For a junior or accessory dwelling unit that is contained within or attached to the primary dwelling, there shall be an independent exterior access.

7. The floor area of an attached or detached accessory dwelling unit shall not exceed 850 square feet for a studio or one bedroom or 1,000 square feet for a unit that contains more than one bedroom. No accessory dwelling unit may be smaller than the size required to allow an efficiency unit as defined in Section 17958.1 of the Health and Safety Code.

8. Height.
a. A new detached structure or an addition to an existing detached structure for an accessory dwelling unit shall not exceed 16 feet in height, except as follows:
i. A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed single family or multiple-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
ii. A maximum height of 18 feet is allowed for a detached accessory dwelling unit on a lot with an existing or proposed multiple-family, multistory dwelling.

Attachment 5
City of Coronado Page 805
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.b.

Accessory dwelling units attached to the primary dwelling are subject to the height requirements of the primary dwelling.
c. Height is measured from preexisting grade or finished grade, whichever is lower, to the highest point of the roof.

9. The junior and accessory dwelling unit shall not be owned, sold, transferred, or otherwise conveyed sold separate from the primary residence.

10. For applications received after January 1, 2025, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the accessory dwelling unit by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.
101. Junior and accessory dwelling units shall only be used for rentals of terms of six consecutive months or more.
112. The following provisions are applicable to junior accessory dwelling units:
a. A junior accessory dwelling unit shall not exceed 500 square feet in size and shall contain at least an efficiency kitchen which includes cooking appliances (i.e., stove, oven, and microwave), refrigerator, a sink with garbage disposal, and a food preparation counter and storage cabinets that are of reasonable size in relation to the junior accessory dwelling unit.
b. The junior accessory dwelling unit shall include access to sanitation facilities. c. One of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot, as evidenced at the time of approval and upon demand thereafter of the junior accessory dwelling unit by appropriate documents of title and residency.
d. Prior to issuance of a building permit for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by the City Attorney, which shall run with the land and provide for the following:
i. A prohibition on the separate ownership, sale, transfer, or other conveyance of the junior accessory dwelling unit separate from the sale of the single-family residence; ii. A restriction on the size and attributes of the junior accessory dwelling unit consistent with this section;
iii. A prohibition against renting the junior accessory dwelling unit for fewer than six consecutive months; and
iv. A requirement that either the primary residence or the junior accessory dwelling unit be the owner’s bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.
123. To ensure compliance with the provisions of the California Coastal Act of 1976 and the approved Land Use Plan of the City’s Certified Local Coastal Program, the following parking requirements apply:
a. A maximum of one parking space shall be required for each accessory dwelling unit, except that no spaces are required for accessory dwelling units deed restricted to be affordable to low, very low, and extremely low income households as defined in the City’s General Plan Housing Element. b. No additional parking is required for a junior accessory dwelling unit.

Attachment 5
City of Coronado Page 806
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. c. When additional parking is required for an ADU, the parking may be provided as tandem parking, may be covered or uncovered, and may be located in side and rear yard setback areas. ADU parking within the front yard setback area is limited to within an existing driveway. d. If an ADU or JADU replaces an existing garage or other required parking, replacement spaces shall be provided. When required parking is removed in conjunction with the establishment of an ADU, required replacement spaces may be covered or uncovered and may be located within side and rear yard setback areas. Parking within the front yard setback area is limited to within an existing driveway. e. A maximum of one parking space shall be required for a carriage house converted to an accessory dwelling unit, except that no space is required for a converted unit deed restricted to be affordable to low, very low, and extremely low income households as defined in the City’s General Plan Housing Element. 134. Design. A junior or accessory dwelling unit, whether attached or detached, shall utilize the same architectural style, exterior materials, and colors as the existing or proposed primary dwelling, and the quality of the materials shall be the same or exceed that of the primary dwelling. 145. Except as provided in subsection (B)(16) of this section, accessory dwelling units shall provide a new or separate utility connection directly between the accessory dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size in square feet or the number of its plumbing fixtures, upon the water or sewer system; provided, however, that this fee or charge shall not exceed the reasonable cost of providing this service. A submeter may be allowed to meet this requirement. 156. The installation of a new or separate utility connection directly between the accessory dwelling unit and the utility shall not be required, and a related connection fee or capacity charge shall not be imposed for the following:
a. Junior accessory dwelling unit.
b. Accessory dwelling unit meeting the requirements of subsection (C)(1) of this section. 167. Accessory dwelling units shall not be required to provide fire sprinklers if they are not 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 residence. 178. No impact fees may be imposed on a junior or accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit.

C. The following types of accessory dwelling units are required to be permitted. Other accessory dwelling units, including attached and detached accessory dwelling units, are also permitted if they conform to the requirements of subsection B of this section:

1. One junior accessory dwelling unit or accessory dwelling unit within the existing space of a single-family dwelling or accessory structure or the proposed space of a single-family structure if all the following apply:
a. In an accessory structure an expansion beyond the existing physical structure is limited to 150 square feet and is permitted solely to accommodate ingress and egress. b. The unit has exterior access separate from the existing or proposed single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. Any junior accessory dwelling unit complies with subsection (B)(12) of this section.

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2. One new accessory dwelling unit not larger than 800 square feet or more than 16 feet high, with side and rear yard setbacks of at least four feet on a lot with an existing or proposed single-family dwelling. A junior accessory dwelling unit complying with subsection (B)(12) of this section may be developed on the same lot.

3. Accessory dwelling units within the portions of an existing multifamilymultiple-family dwelling structure that are not used as livable space; provided, that each unit complies with State building standards for dwellings.

An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multifamilymultiple-family structure. Up to 25 percent of the number of existing multifamilymultiplefamily units in the building, but at least one unit, shall be allowed.

4. Up to two detached accessory dwelling units on a lot with an existing multifamilymultiple-family dwelling structure, provided that the height does not exceed 16 feet and that four-foot side and rear yard setbacks are maintained. If the existing multiple-family dwelling structure has a rear or side setback of less than four feet, the City shall not require any modification of the existing multiple-family dwelling as a condition of approving the application to construct the accessory dwelling unit.

D. Any existing or proposed carriage house that complies with the standards in CMC Section 86.56.110 may be converted to an accessory dwelling unit by installing permanent provisions for living, sleeping, eating, cooking, and sanitation and must continue to comply with all standards in CMC Section 86.56.110 except for Section

86.56.110.Q.

E. A separate application is required for every junior and accessory dwelling unit. Applications for junior and accessory dwelling units conforming to the requirements of subsection B or C of this section shall be considered ministerially without discretionary review or a hearing and the director of community development shall approve or deny such applications within 60 days after receiving a complete application. Incomplete applications will be returned with an explanation of what additional information is required. If the City denies an application for an accessory dwelling unit or junior accessory dwelling, the City shall, within the 60-day review period, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant The City shall grant a delay in processing if requested by the applicant. If the permit application for a junior or accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the application for the junior or accessory dwelling unit shall not be acted upon until the City acts on the permit application for the new single-family dwelling, but thereafter shall be ministerially processed within 60 days of receipt of a complete application and approved if it meets the requirements of this section. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed by the City with the application for the accessory dwelling unit and issued at the same time.

Replacement parking for the demolished garage shall be provided pursuant to subsection (B)(12)(d) of this section.

Occupancy of the junior or accessory dwelling unit shall not be allowed until the City approves occupancy of the primary dwelling.

E. Prior to the issuance of a building permit for a junior or accessory dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The covenant shall notify future owners of the owner occupancy requirements, prohibition on the separate conveyance, the approved size and attributes of the unit, and minimum rental period restrictions. This covenant shall remain in effect so long as the junior or accessory dwelling unit exists on the lot.

F. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect. (Ord. 2021-02 § 3 (Exh.

A), 2021; Ord. 2020-03 § 3 (Exh. A), 2020; Ord. 2075 § 3 (Exh. A), 2018; Ord. 2072 § 3 (Exh. A), 2017; Ord. 2067 § 5 (Exh. A), 2017)

86.56.110 Carriage house.

One “carriage house” shall be permitted on single-family residential and single-family residential subzone lots that have both street and alley access subject to all of the following standards:

A. The second story of the main dwelling is set back a minimum of 50 percent of the lot depth from the rear property line, except that the second story of the main dwelling may encroach into said 50 percent setback a Attachment 5
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B. There is a minimum of 25-foot open space between any part of the main dwelling and the first and second story of the carriage house building, not including a maximum of one open and unenclosed stairway providing access to the second story of the carriage house building.

C. There shall be a minimum setback of five feet from the rear property line for the first story and a minimum of three feet and maximum of six feet setback from the rear property line for the second story.

D. A minimum of 60 percent of the second-story facade along the alley shall be offset from the first-story facade a minimum of 24 inches towards the alley (an additional 12-inch eave is permitted) or a minimum of 12 inches towards the main dwelling.

E. No portion of the second story of the carriage house building is permitted to extend beyond 26 feet from the rear property line (excluding one open, unenclosed stairway).

F. No carriage house building shall exceed 600 square feet on the first story and 400 square feet on the second story (not including one open, unenclosed stairway).

G. Off-street parking spaces shall be provided on the first story of the carriage house building in accordance with the underlying zone requirements.

H. The exterior of the second-story habitable space shall not exceed 22 feet in width along the facade which is most parallel to the alley.

I. No portion of the second story is permitted to project beyond the first story except adjoining the alley.

J. “Architectural projections” as permitted in other sections of this code shall be allowed to project into the required setbacks or building separation area, except for “bay, bow, or garden windows,” which shall not be permitted to encroach into the required setbacks or building separation area, except along the alley as permitted in subsection D of this section.

K. No portion of the second-story main roof, dormers, or roof architectural features of a carriage house building with a 3:12 or greater roof pitch shall have a pitch of less than 3:12 (first-story roof elements may vary).

L. One 16-square-foot (i.e., four feet by four feet) open, unenclosed stair landing place shall be allowed at the second-story level entrance to the carriage house and one intermediate landing not to exceed 16 square feet if an Lshaped stair or 32 square feet if a U-shaped stair shall be permitted.

M. Access to the second story shall only be external to the carriage house building with an open and unenclosed stair with the foot of said access stairs only entered from the main dwelling side of the structure.

N. Other than along the side property line, no fence is allowed within the required open space between the carriage house building and the main dwelling, except for a transparent temporary construction fence.

O. A trellis, attached to the main house and not to exceed 14 feet in height at highest point, is allowed in required open space between structures.

P. No balconies or roof decks of any kind are allowed on a carriage house building.

Q. The use of a carriage house building shall be in accordance with CMC 86.56.100(H) for accessory buildings.

R. Architectural style and materials shall be compatible with the main dwelling. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.120 Mechanical equipment.

A. Setbacks. New or replacement mechanical equipment such as, but not limited to, air conditioning and pool equipment, whether below or above grade, shall not be permitted in any required front, side or rear yards except that Attachment 5
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B. Required Screening. In all zones, all mechanical equipment where the top of said equipment is greater than six feet above grade shall be screened on all sides. The required screening shall be part of the building architecture and not a freestanding wall and said equipment or screening shall not protrude above the daylight plane or building height limit. Mechanical equipment located in a front yard shall be screened on all sides. (Ord. 2068 § 2 (Exh. A), 2017)

86.56.130 Roof dormers.

A. A dormer with its lowest point of the vertical face above the ceiling joists of a second story, or greater than 18 feet in height above “grade,” or a dormer with window openings into an attic above a second story, and which faces a side, front, or rear yard, shall be subject to the following requirements:

1. Each dormer facing a side property line shall be set back from the exterior side facade of the wall below a minimum of 50 percent of the required side yard setback and need not exceed three feet;

2. Each dormer facing a front or rear property line shall be set back from the exterior front or rear facade of the wall below a minimum of three feet;

3. Each dormer shall not exceed a width of eight feet, and there shall be a minimum separation between each dormer of no less than one and one-half times the width of the narrowest dormer along each respective front, side or rear of a building;

4. The total cumulative width of all dormers on any one front, side or rear of a building shall not exceed 35 percent of the length of the roof abutting the given front, side or rear yard, with a minimum cumulative width of eight feet permitted;

5. The highest point of any dormer shall be no higher than one foot lower than the ridge of the abutting main roof for roofs of less than 6:12 slope, or one foot, six inches lower than the ridge for roofs of 6:12 or greater slope;

6. Gable dormers shall be exempt from subsection A of this section if said dormers have a minimum roof pitch equal to or greater than the main roof, the exterior vertical face is continuous with the exterior facade of the story below and if the dormer contains windows they must open to the first or second story.

B. Each dormer shall contain vertical windows or vents of at least four square feet in cumulative size facing the adjoining front, side or rear yard (excluding gable dormers with a minimum roof pitch equal to or greater than the main roof and where the exterior vertical face is continuous with the exterior facade of the story below). (Ord. 2062 § 2 (Exh. A), 2016)

86.56.140 Roof decks and balconies above 14 feet.

A. A deck or balcony with a walking surface 14 feet or greater above “grade” shall be subject to the following requirements:

1. Design Review Commission approval shall be required;

2. Access to decks or balconies shall not be enclosed or covered unless the access is incorporated into the roof of the building, shall not be through a roof dormer, and shall not have the appearance of a separate structure;

3. No portion of decks or balconies shall be covered and shall be 100 percent permanently open;

4. No portion of decks or balconies or the top of structures or equipment placed on said decks or balconies (e.g., fireplaces and associated chimneys, spas, barbecues, storage cabinets, mechanical equipment, or similar) shall project beyond the daylight plane or exceed the allowable building height limit.

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B. Design Review Commission approval shall not be required for a roof deck if all of the following is satisfied:

1. Does not exceeding 40 square feet;

2. Is solely for mechanical equipment;

3. Is located below the daylight plane and building height limit;

4. Is screened by the building architecture, not a freestanding wall and positioned a minimum of two feet from an exterior facade;

5. Is not accessed by permanent stairs or a permanent ladder;

6. Is not covered and is 100 percent permanently open to the sky. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.159 Fences, walls or hedges – Measurement of height.

The height of a fence, wall or hedge separating private property shall be measured from grade to the highest point on the fence, wall, or hedge. Where a fence, wall or hedge is located within a required front, side or rear yard where adjoining properties have unequal ground levels, the lower grade shall be used to measure the height.

The height of a fence, wall or hedge separating public and private property shall be measured from grade or the surface level of the public property closest to the property line on which the fence, wall or hedge is located, whichever is lower, to the highest point on the fence, wall or hedge. (Ord. 2068 § 2 (Exh. A), 2017)

86.56.160 Fences, walls or hedges – Height limit, side or rear yard.

Any fences, walls or hedges located in Residential Zones shall not exceed eight feet in height in a required side or rear yard and six feet in the area between the front or side lot line and the nearest building located on the lot when no front or side yard is required.

The following is an exception to this requirement: Hedges located in the rear yard of residentially zoned properties which abut an alley shall not exceed 10 feet in height. (Ord. 2087 § 3 (Exh. A), 2018; Ord. 2062 § 2 (Exh. A), 2016)

86.56.165 Fences, walls or hedges – Height limit, front yard.

A. Fences, walls, or hedges located within the required front yard shall not exceed four feet in height.

The following are exceptions to this requirement:

1. A fence or wall up to six feet in height may be located along the side property lines, within the front yard, and project into the front yard eight feet. Said six foot fence or wall shall extend no closer than 10 feet to the front property line;

2. Those lots which front solely on an alley or the following streets may enclose 100 percent of their front yards with an eight-foot wall, fence, or hedge: Third Street between A Avenue and Alameda Boulevard, all of Fourth Street, Alameda Boulevard between Third and Fourth Street and Pomona Avenue between Third and Fourth Street. Where walls or fences are permitted to be over four feet in height and adjoin public rights-of-way, said wall or fence shall be buffered with landscaping to soften the fence or wall. The proposed landscaping shall be approved by the City of Coronado prior to installation. Walls or fences over four feet in height, adjacent to an alley, are not required to be buffered with landscaping. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.170 Fences, walls or hedges – Height limit, street side yard.

Fences, walls, or hedges shall not exceed six feet in height in any required street side yard required on any corner lot.

Exception: Those lots which are located along the following streets may construct a fence, wall, or hedge not to exceed eight feet in height along the street side yard: Third Street between A Avenue and Alameda Boulevard, all of Fourth Street, Alameda Boulevard between Third and Fourth Street and Pomona Avenue between Third and Fourth Street. Where walls or fences are permitted to be over four feet in height in the street side yard, said fences or walls shall not be located within the sight triangle required in CMC 86.56.175. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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86.56.175 Vertical barriers – Fences, walls or hedges – Height limit, sight triangle for residential corner lot.

In the case of corner lots in Residential Zones, vertical barriers, including fences, walls and hedges, shall not exceed three feet in height in a triangle area created by a line connecting points along the street curb lines which are established 50 feet in distance from the intersection of such curb lines at the corner of a block. Exception: Single stem plants or trees without foliage between a height of three and eight feet may be planted and maintained within the corner triangular area and shall be measured from the established curb grade. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.180 Two-unit residential developments in single-family zones.

A. Purpose and Findings.

1. The purpose of this section is to provide regulations for the establishment of two-unit residential developments in single-family residential zones and to define an approval process for such two-unit residential developments consistent with Government Code Section 65852.21, or any successor statute. The intent of this section is to provide opportunities for more housing in existing single-family residential zones as mandated by State law. It is also the goal to provide development standards to ensure the orderly development of these units in appropriate areas of the City.

2. The City of Coronado is located entirely within the Coastal Zone and the City’s Local Coastal Program Land Use Plan was certified by the California Coastal Commission in December of 1983. The City is an isolated dense community established in a tight “grid pattern” over 100 years ago and is bordered almost entirely by the San Diego Bay and Pacific Ocean, with access to the City being only from State Route 75 from the south or the Coronado Bay Bridge. The City has numerous coastal resources that attract over 2,000,000 annual visitors, including public beaches, the San Diego Bay, Glorietta Bay, and the Hotel del Coronado. The annual visitors, coupled with historic development patterns of the City, have created a significant impact on the City’s limited parking supply in the Coastal Zone that would be exacerbated by allowing two-unit residential developments to be built without certain parking requirements, as it would shift residential parking from on site to on street. The City’s Certified Local Coastal Program mandates certain parking requirements to be met, including the number of off-street parking spaces for dwellings, to ensure and maintain public access to the coast. The California Coastal Act of 1976 is neither superseded nor in any way altered or lessened as provided for in Government Code Section 65852.21(k), except that the City shall not be required to hold public hearings for coastal development permit applications for a two-unit residential development pursuant to this section.

3. Two-unit residential developments are residential uses consistent with the uses permitted in zones that allow for single-family residential development.

4. Government Code Section 65852.21 preempts the density limitations established by the General Plan and the underlying zones in which two-unit residential developments created pursuant to the requirements of this subsection are permitted. Incompatibility with the City’s density limitations shall not provide a basis to deny a two-unit residential development that otherwise conforms to the requirements of this section.

B. A two-unit residential development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing meets all of the standards set forth below. For purposes of this section, a two-unit residential development contains two residential units if the development proposes two new units or if it proposes to add one new unit to one existing unit.

1. If a parcel includes an existing single-family home, one additional unit of not more than 800 square feet may be developed pursuant to this section. No more than 25 percent of the existing exterior structural walls shall be demolished to create the two-unit residential development, unless the existing single-family home has not been occupied by a tenant in the last three years.

2. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units of not more than 800 square feet each may be developed pursuant to this section.

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3. Each unit in a two-unit residential development shall be separated by a distance of at least 10 feet from any other structure on the parcel; however, units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.

4. No more than four units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units in any combination – may be created on a parcel. If a parcel was created subject to the urban lot split subdivision provisions of Chapter 82.68 CMC and includes an existing or proposed two-unit development, then no accessory dwelling units or junior accessory dwelling units are permitted on the parcel. If a parcel was not created subject to the urban lot split subdivision provisions of Chapter 82.68 CMC and includes an existing or proposed two-unit development, then one accessory dwelling unit may be developed for each primary dwelling unit on the parcel. If a parcel was created subject to the urban lot split subdivision provisions of Chapter 82.68 CMC and includes one primary dwelling unit only, then one accessory dwelling unit or one junior accessory dwelling unit for each primary dwelling unit is permitted.

C. A two-unit residential development shall be prohibited in each of the following circumstances:

1. The two-unit residential development would require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years. An applicant for a two-unit residential development must demonstrate whether any existing housing on the parcel was owner occupied or vacant to Director’s satisfaction.

2. The parcel subject to the proposed housing development is a parcel on which an owner of residential real property has exercised the owner’s rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.

3. The parcel subject to the proposed housing development is located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City or County landmark or historic property or district pursuant to a City or County ordinance.

4. If the two-unit residential development is on a parcel that does not meet the requirements of Government Code Section 65852.21(a)(2) or any successor provision thereof.

5. If the two-unit residential development would cause there to be more than four total units – including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units – on any single parcel or on any two parcels that were created using the urban lot split subdivision provisions of Chapter 82.68 CMC.

6. If the parcel includes an existing or proposed carriage house or habitable unit, as defined in Chapter 86.04 CMC, other than a primary dwelling unit, accessory dwelling unit, and/or a junior accessory dwelling unit.

D. Any construction of a two-unit residential development shall conform to all property development regulations of the zone in which the property is located including, but not limited to, height limits, stories, setback, lot coverage, landscape, and floor area ratio (FAR), as well as all fire, health, safety and building provisions of this title, subject to the following exceptions:

1. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. Verification of size and location of the existing and proposed structure by City staff requires the applicant to provide pre- and post-construction surveys by a California licensed land surveyor to the City’s satisfaction.

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2. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.

3. Limits on lot coverage, floor area ratio, open space, and size must permit two units of 800 square feet in connection with a two-unit residential development. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet. No waivers or reductions to applicable requirements regarding stories, off-street parking, or front yard setbacks shall be approved unless the applicant demonstrates to the Director’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site.

4. New dwelling units proposed in connection with a two-unit residential development shall not exceed 16 feet and one story in height.

5. New dwelling units proposed in connection with a two-unit residential development shall demonstrate compliance with any applicable Airport Land Use Commission requirements and/or restrictions on density.

6. All dwelling units created in connection with a two-unit residential development shall have independent exterior access.

7. For applications that do not involve an urban lot split subdivision pursuant to Chapter 82.68 CMC, one of the dwellings on the lot must be the bona fide principal residence of at least one legal owner of the lot containing the dwelling, as evidenced at the time of approval of the two-unit residential development by appropriate documents of title and residency. Prior to the issuance of a building permit, the applicant shall provide evidence that a covenant has been recorded stating that one of the dwelling units on the lot shall remain owner occupied.

8. Two-unit residential developments shall only be used for rentals of terms of longer than thirty days.

9. To ensure compliance with the provisions of the California Coastal Act of 1976 and the approved Land Use Plan of the City’s Certified Local Coastal Program, the following parking requirements apply:
a. Parking spaces for new units shall be provided in accordance with Chapter 86.58 CMC. b. If a two-unit residential development replaces an existing garage or other required parking, replacement spaces shall be provided in accordance with the requirements of the underlying zone.

10. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit shall utilize the same exterior materials and colors as the existing dwelling unit.

11. Two-unit residential developments shall provide a new or separate utility connection directly between each dwelling unit and the utility. The connection may be subject to a connection fee or capacity charge.

12. Two-unit residential developments shall be required to provide fire sprinklers.

E. Applications for two-unit residential developments conforming to the requirements of this section shall be considered ministerially without discretionary review or a hearing by the Director of Community Development.

Incomplete applications will be returned with an explanation of what additional information is required.

F. A proposed two-unit residential development may be denied if the Director of Community Development makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

G. Prior to the issuance of a building permit for a two-unit residential development dwelling unit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which is satisfactory to the City Attorney. The covenant shall notify future owners of the owner occupancy requirements, the approved size Attachment 5
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H. In cases of conflict between this section and any other provision of this title, the provisions of this section shall prevail. To the extent that any provision of this section is in conflict with State law, the applicable provision of State law shall control, but all other provisions of this section shall remain in full force and effect. (Ord. 2021-06 § 2, 2021)

86.56.190 ReservedSupportive Housing.

Supportive housing is allowed by right in all zones where multiple-family and mixed uses are permitted, including nonresidential zones permitting multiple-family uses, provided that the use satisfies all requirements in Government Code Section 65651.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.200 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.210 Repair of vehicles in Residential Zones.

The repair of all motorcycles, motor trucks and motor vehicles, as defined in the Vehicle Code of the State of California, is prohibited in any Residential Zone unless all of the following conditions are met:

A. All major repair of vehicles shall be conducted within a totally enclosed garage or behind a fence or wall not less than six feet in height.

B. No more than one vehicle shall be in a state of disrepair or in an inoperable condition at any one time on any lot.

C. No repair of vehicles shall be conducted as a business.

D. No vehicle in a state of disrepair or in an inoperable condition may be located outside of a totally enclosed garage or a fence or wall not less than six feet in height for a period of more than 48 hours.

E. No repair of vehicles shall take place between the hours of 10:00 p.m. and 8:00 a.m.

F. No storage of vehicle parts shall be located in any place where repair of vehicles is prohibited herein. Any area used for such storage shall not exceed 100 square feet in area.

G. Nothing in this section is intended to prohibit the making of minor repairs, such as tire changing or repair, replacement of spark plugs and minor engine adjustments, lubrication or battery and brake adjustments by a resident on his or her vehicle anywhere on the lot where the vehicle owner resides. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.220 – 86.56.559 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.560 Zoning wall or fence.

A 10-foot-high (or less) solid masonry zoning wall may be required to be erected to separate any Commercial Zone or use from an adjoining Residential Zone or use as a condition precedent to granting of a special use permit, variance, coastal permit or subdivision map. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.570 Exceptions – Pools.

The waterline of pools, spas, ponds or other water areas shall not encroach into the required side yards except that the side yard need not exceed five feet. Associated equipment shall comply with CMC 86.56.120, Mechanical Equipment. (Ord. 2062 § 2 (Exh. A), 2016)
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86.56.575 Exceptions – Basements.

Basements which require dewatering during construction shall observe a minimum three-foot side yard setback. A single basement egress well may encroach into the required side yard setback. (Ord. 2085 § 3 (Exh. A), 2018)

86.56.580 Setback exceptions – Architectural projections. “Architectural projections” may:

A. Extend or project into a required side yard setback for a distance of not more than one-third of the required side yard setback width up to a maximum of 24 inches (roof eaves are exempt from said 24-inch limitation), subject to the following restrictions and exceptions:

1. No single “architectural projection” into a required side yard shall be greater than eight feet in length along the facade. Cornices, roof eaves, roof gutters and down spouts, a sill, window and door awnings, and architectural features projecting a maximum of four inches are excepted;

2. The minimum horizontal separation along the facade between “architectural projections” into required side yards shall be no less than 10 feet. Cornices, roof eaves, roof gutters and down spouts; a sill, window and door awnings; and architectural features projecting a maximum of four inches are excepted; and

3. The cumulative total linear distance of “architectural projections” into required side yards, measured at their widest point, along a given side facade shall not exceed the lesser of 20 percent of the length of the facade or 16 feet. Cornices, roof eaves, roof gutters and down spouts, a sill, window and door awnings, and architectural features projecting a maximum of four inches are excepted.

B. Extend or project into a required front or rear yard setback not more than four feet. Such projection shall never extend closer than three feet to the front or rear lot line.

C. Accessory buildings constructed in the required rear yard setback may have architectural projections into the rear yard setback so long as such projections never extend closer than three feet to the rear lot line. (Ord. 2062 § 2 (Exh.

A), 2016)

86.56.590 Exceptions – Fire escapes.

Subject to the approval of the Director of Fire Services, fire escapes may:

A. Extend or project into a required side yard setback for a distance of not more than one-third of the required side yard setback.

B. Extend or project into a required front or rear yard setback not more than four feet. Such projection shall never extend closer than three feet to the front or rear lot line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.595 Setback exceptions – Landscape accessory structures in front and rear yards.

Landscape accessory structures and entries such as arbors, trellises and arches may be located in the required front or rear yard setbacks so long as said structures maintain the required side yard setback, do not exceed 10 feet in height, and the total based on the outside perimeter of said structures does not exceed five percent of the required or existing front or rear yard area, whichever is less. In no case shall the total structural coverage of such structures exceed 50 square feet in lot coverage per front or rear yard. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.600 Setback exceptions – Stairways, balconies, and decks except for multiple-family residential development in the R-4 Zone.

For all zones except for multiple-family residential development in the R-4 Zone:

A. Covered, unenclosed stairways structurally attached to the building and covered, unenclosed balconies or decks may extend or project into the required rear yard setback not more than four feet. Such stairways, balconies, or decks shall not extend closer than three feet to the rear property line.

B. No portion of a covered, unenclosed balcony or deck including roofs, eaves, columns or guardrails may extend or project into a required front yard setback more than four feet. Such projection shall never extend closer than three feet to the front property line.

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C. Covered, unenclosed balconies or decks above and attached to the roof of a porch may extend to the eave of said porch or project a maximum of eight feet into a required front yard setback, whichever is less. That portion projecting greater than four feet shall be 100 percent open to the passage of light and air to the sky and the surrounding guardrail shall be a minimum of 70 percent transparent above the lower six inches. (Clear glass meeting building code standards may be used to satisfy the transparency criterion.). No portion of a roof, eave, column or guardrail less than 70 percent transparent, above said second-story balcony or deck walking surface, shall project into the required front yard greater than four feet.

D. Covered, unenclosed balconies may extend or project for a distance of not more than one-third of the required side yard setback, up to a maximum of 24 inches, into portions of side yards that adjoin public rights-of-way. Said balconies shall be limited to eight feet in length, shall maintain a minimum horizontal separation between balconies of 10 feet, and the cumulative total linear distance of said balconies along the side facade shall not exceed the lesser of 20 percent of the length of the facade or 16 feet. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.602 Setback exceptions – Stairways, balconies, decks, and bay windows for multiple-family development in the R-4 Zone.

A. Covered, unenclosed stairways structurally attached to the building, and covered, unenclosed balconies, decks or bay windows may extend or project into the required rear yard setback not more than four feet and never extend closer than three feet to the rear property line.

B. Covered, unenclosed balconies, decks, or bay windows may extend or project into a required front yard setback not more than eight feet. Such projection shall be measured from the standard 25-foot setback required front yard setback line and never extend closer than three feet to the front property line.

C. Covered, unenclosed balconies may extend or project for a distance of not more than one-third of the required side yard setback into portions of side yards that adjoin public rights-of-way. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.604 Setback exceptions – Encroachment of main building into required front and rear yards except for multiple-family residential development in the R-4 Zone.

For all zones except for multiple-family residential development in the R-4 Zone:

A. Bay windows, building popouts, and similar design features of main buildings, which extend to the ground and contain floor area, may encroach up to three feet into a required front or rear yard setback. The height of such encroachment shall not extend above the level of the first floor or exceed 13 feet. The length shall not exceed 50 percent of the length of the facade and shall be limited to modules of 10 feet or less. Such encroachment shall be included in the allowable floor area and in no case shall extend closer than three feet to the front or rear property line.

B. Main buildings may encroach up to five feet into the front yard, provided there is an equal or greater volume of building set back the same distance behind the setback line. Such encroachment shall be limited to the first story and 13 feet in height and shall not extend closer than 20 feet to the front property line. Eaves on the portion of the building allowed to encroach by this section may project one foot beyond said building encroachment. The distance that architectural projections, porches, and similar design features are allowed to project shall be measured from the standard 25-foot setback line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.606 Setback exceptions – Encroachment of main building into required front yard for multiplefamily residential development in the R-4 Zone.

For multiple-family residential development in the R-4 Zone, a maximum of 50 percent of the width of a building may encroach up to five feet into the front yard setback, provided there is at least half that building volume set back behind the front setback line. This provision is allowed at the first and second stories of the building. The distance that architectural projections, porches, and similar design features are allowed to project shall be measured from the standard 25-foot setback line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.608 Exceptions – Porte-cochere except for multiple-family residential development in the R-4 Zone.

For all zones except for multiple-family residential development in the R-4 Zone:

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Columns and roofs of covered and unenclosed porte-cocheres may extend or project into a required side yard setback for a distance of not more than one-third of the required side yard setback width but no less than three feet from the side property line. If a front porch is present, the porte-cochere may extend into the front yard setback as provided for in CMC 86.56.610. Said porte-cochere shall be architecturally similar in design and materials to the attached dwelling, limited to one story and 14 feet in height, attached to the dwelling and open on three sides, and not exceed a depth of 20 feet. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.610 Exceptions – Porches and landing places except for multiple-family residential development in the R-4 Zone.

For all zones except for multiple-family residential development in the R-4 Zone:

Covered, unenclosed porches, platforms, landing places, pergolas or open trellis structures which do not extend above the level of the first floor shall be allowed to project into a required front or rear yard not more than eight feet, with eaves allowed an additional 12-inch projection. Such projection shall never extend closer than three feet to the front or rear property line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.615 Exceptions – Porches and landing places for multiple-family residential development in the R-4 Zone.

For multiple-family residential development in the R-4 Zone, covered, unenclosed porches, platforms or landing places may extend into a required front yard setback not more than eight feet. Said encroachment shall be measured from the standard 25-foot setback line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.620 Exceptions – Encroachments into building separation areas.

Encroachments herein provided for rear yards may extend and project into the area separating buildings on the same lot so long as such encroachments or projections never extend closer than five feet to an adjacent building or to any projection from an adjacent building. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.630 Exceptions – Average front yard setback rule.

Where the majority of the parcels on a block face are improved, with structures, the required front yard setback may be computed by taking the average existing front yard setback, measured from the front property line to the outside of the wall of the nearest enclosed habitable space of the main building excluding architectural projections, garages and basements. In no case shall the required front yard be less than five feet. 25 feet shall be used for calculating the average where a lot is developed with an existing front yard greater than 25 feet. 50 percent of the required front yard for the subject property shall be used for calculating the average for those lots developed with an existing front yard of less than one-half of the required front yard for the subject property. Panhandle lots where the panhandle exceeds 50 feet in length shall not be considered in computing any average front yard setback. In the case of reversed corner lots having both side lot lines on a street and alley, this rule may be applied to the setback on the side street line. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.632 Courtesy notice for residential zones.

No building or demolition permit for the demolition or new construction of 200 square feet or more, in any residential zone, except R-5, R-PCD and R-SCD Zones, shall be approved unless the adjacent residents are notified in advance of the permitted work commencing. Addressed and stamped envelopes and letters in a form prescribed by the Community Development Department shall be submitted to the City of Coronado by the applicant at the time of permit application and shall be a minimum of 10 calendar days in advance of the building or demolition permit being approved. Each notice shall be completed by the applicant and mailed by the City. Noticed properties shall include residents of adjoining properties which share a property line with the subject property and those properties, lots, parcels or residences of which all or any part thereof is directly across any adjoining public or private right-ofway or easement from the subject property. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.635 Lot and building certification required.

A. All construction plans for new or replacement buildings or the addition of new square footage to existing buildings, where any portion of the new or replacement building or building addition is over 500 square feet, shall include:

1. The following, provided by a California licensed land surveyor or civil engineer:

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. a. Lot line distances;
b. Gross lot area;
c. Description and location of all corner monuments; and d. Existing and proposed grade, whichever is lower, with one-foot contour lines shown with the benchmark location and data identified.

2. Corner monuments, if not currently set, shall be set, mapped and certified by a California licensed land surveyor or civil engineer.

B. Prior to a foundation and framing inspection by a building inspector, and upon completion of exterior framing for new or replacement buildings or the foundation or framing for the addition of new square footage to existing buildings where any portion of the new or replacement building or building addition is over 500 square feet or more than 14 feet in height, certification by a California licensed land surveyor or civil engineer shall be provided to the Community Development Department certifying that the following comply with the approved plans:

1. Foundation and building height from grade using the same benchmark identified in subsection (A)(1)(d) of this section;

2. Foundation and building setback distances from all property lines; and

3. Foundation and building architectural projections from all setback lines.

C. Notwithstanding subsection A or B of this section and due to unique lot or site conditions, the Director of Community Development is hereby authorized to require a property owner to provide the information called for in subsections A and B of this section as needed to assure new development is consistent with zoning regulations. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.640 Exceptions – Alley splits.

Except as hereinafter provided in CMC 86.56.650, no lots or parcels in any Residential Zone shall be divided, split or reconfigured in any manner whatsoever so as to result in having frontage solely on an alley. It is the intent of this section to prohibit development that relies on an alley as the sole and hence primary means of access to that development. This section shall not apply to lots fronting on El Chico Lane, Adella Lane or Pendleton Road. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.650 Illegal alley subdivisions.

An owner of any alley parcel created of record prior to July 1, 1973, which was considered illegal by the City shall not be required to submit an application for a division of land pursuant to applicable provisions of this title. It is the intent of this section to recognize all previous recorded divisions of land not approved by the City pursuant to any previously existing division of this title. This section shall not apply to contiguous parcels which are under identical ownership on or after February 19, 1974. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.660 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.670 Massage establishment.

Massage establishments shall not be permitted in the following locations:

A. Residential Zones;
B. Within 100 feet of any Residential Zone;
C. Within 100 feet of any church or grade school; and
D. Within 100 feet of another massage establishment. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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86.56.700 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)

86.56.730 Amusement device center – Location.

Amusement device centers may be located only on property zoned Central Commercial or Hotel-Motel and shall not be located in any other zone. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.740 Adult video cassette activity.

A. No establishment shall use more than 15 percent of its total floor area for the purpose of an adult video cassette activity.

B. Adult video cassette activity shall not be permitted in the following locations:

1. Residential Zones.

2. Within 100 feet of any Residential Zone, as measured from the nearest boundary of the Residential Zone to the closest, discernible boundary containing the activity, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

3. Within 100 feet of any church or grade school, as measured from the nearest property line of the church or grade school to the closest discernible boundary containing the activity, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

4. Within 100 feet of another adult video cassette activity establishment, as measured from the closest discernible boundary containing the activities, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

C. All openings, entries, and windows of an establishment in which an adult video cassette activity is located shall be positioned, covered or screened in such a manner as to prevent a view of any adult video cassette activity material which has as its dominant theme the depiction of specified sexual activities or specified anatomical areas from any public or semi-public area, including sidewalks, streets, arcades, hallways or passageways.

D. The adult video cassette activity shall be located, covered or screened in such a manner as to prevent an unwarned view by a member of the public within the establishment of any adult video cassette depiction of specified sexual activities or specified anatomical areas. There must be sufficient notice to allow members of the public to avoid viewing such adult video cassette activity material.

E. No sign, graphic, display or other advertisement relating to an adult video cassette activity shall be erected or maintained at the premises of the adult video cassette activity which is viewable from off-premises. On-site signs, graphics, displays or other advertisements which in no way present, depict, illustrate, or describe specified sexual activities or specified anatomical areas may be erected and maintained so long as they are not viewable from offsite, public areas.

F. If the adult video cassette activity involves the preview of cassettes as part of its operation, soundproof booths or rooms shall be made available, at no charge, for use by customers who desire such preview. Each booth or room shall have:

1. One clear window visible immediately upon entering the premises, covering not less than one-fourth of the wall area into which the window is set, which window shall not be covered or obscured in any manner while the booth or room is in use;

2. Sufficient seating to accommodate the expected number of persons who will occupy the booth or room at any one time;

3. The number of persons who shall occupy the booth or room at any one time shall be clearly stated on or near the door to the booth or room and no more than the posted number shall be permitted inside the booth or room at any one time; and
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4. The door or doors opening into such booth or room shall be incapable of being locked or otherwise fastened from the inside of such booth or room. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.750 Prediction of worldly events.

A business activity which provides predictions of worldly events in the life of the client, using palmistry reading, fortune telling, horoscope reading or similar methods, shall comply with the following provisions:

A. Any such business use shall not be permitted in the following locations:

1. Residential Zones.

2. Automobile parking zones.

3. Within 100 feet of any residential or automobile parking zone, as measured from the nearest property line of the residential or automobile parking zone to the closest boundary of the interior space containing the activity, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

4. Within 100 feet of any church, grade school or school district property, as measured from the nearest property line of the church, grade school or school district property to the closest boundary of the interior space containing the activity, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

5. Within 100 feet of another similar or related activity or establishment, as measured from the closest boundaries of the interior spaces containing the activities, such as, but not limited to, bearing wall, partition wall, glass enclosure, etc.

B. The activity shall not be a nuisance to adjacent uses.

C. All activity shall be confined completely within the building. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.760 Exceptions – Structural coverage.

A. Cornices, roof eaves, roof gutters and down spouts, sills, window and door awnings, and architectural features projecting a maximum of four inches into a required side, front, or rear yard shall not be included in the calculation of structural coverage;
B. The following shall not be included in the calculation of structural coverage as long as the cumulative lot coverage of such features does not exceed five percent of the gross lot area. All such coverage in excess of five percent of the gross lot area shall be included in the calculation of the structural coverage on the lot:

1. Unenclosed steps, landing places, porches, patios, benches, planters, barbecues, fountains, and similar structures which are two or more feet in height;

2. Uncovered and unenclosed balconies and stairways; and

3. Covered unenclosed patios, gazebos, trellises and similar shade structures. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.770 Private storage space for residential condominium complexes.

Residential condominium complexes shall have for each condominium unit at least 200 cubic feet of enclosed private storage space in addition to guest, linen, pantry and closets customarily provided. Such space shall not be divided into two or more locations, but may be provided either in a separate closet within each unit or as storage space exterior to the individual units. If the storage space is provided exterior to the individual units, it must be enclosed, weatherproofed, lockable, separately designated for each unit, and designed to appear as an integral part of the total complex. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.780 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)
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86.56.790 Satellite antennas.

No building permit or any other approval shall be issued for the installation of a satellite antenna until the proposed installation is approved by the Design Review Commission. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.800 Development landscaping required.

A. For commercial and multiple-family dwelling development, not more than three-quarters of the landscaping required by this title may be provided by the use of either water features or by the use of water features and decorative rock, decorative paved surfaces, fixed seating, planter walls, open decks, barbecues, fire pits, small arbors or gazebos, and similar garden hard surface features. However, not more than one-half of the landscaping required by this title may be provided by the use of such garden hard surface features.

B. For commercial development, while some landscaping must be provided between each building facade and the abutting street public right-of-way, such landscaping shall neither unduly separate nor conceal pedestrian views from the street public right-of-way into nonresidential commercial structures.

C. Landscaping provided in accordance with this title for parking areas shall be considered as satisfying a portion of the landscaping requirement of this title for development with each zone. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.810 Historic resources.

An owner of a designated historic resource is eligible to apply for special zoning provisions as outlined in CMC Title 84. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.820 Vacant premises.

A. The owner of any vacant premises shall assure that said lot or structure is maintained in a clean, safe and sanitary condition so as not to cause a blighted condition, or adversely affect the public health or safety.

B. Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
“Blighted condition” shall mean any vacant lot, building or accessory structure that is not being maintained, in which at least one of the following conditions exists:

1. Missing or boarded windows or doors, except boarded openings installed as a temporary security measure for a period of 180 days or less;

2. Walls, roofs or flooring, which are collapsing or missing entirely, or any other condition preventing legal occupancy, as determined by the Building Official;

3. Exterior walls which contain breaks, faded or peeling paint, dirt or mold, loose or rotting materials, or those materials which are not properly surface-coated to prevent deterioration;

4. Dead or dying or otherwise unhealthy landscaping, including dead or dying trees and landscaping in the adjacent public right-of-way;

5. Dirty, broken or missing tiles;

6. Painted signs or other materials which adhere to or cover glass windows, including abandoned or obsolete advertising;

7. Visible obsolete, damaged or inoperable sign supports or brackets, including electrical or plumbing hardware located on the exterior of the building;

8. Faded or ripped awnings and window screens;

9. Broken, missing or inoperable exterior lighting fixtures;

10. The premises are vacant and attracting illegal activity as documented in Police Department records, or are a factor in creating a substantial and unreasonable interference with the use and enjoyment of other properties Attachment 5
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. within the surrounding area, as documented by neighborhood complaints, police reports or the cancellation of insurance on proximate properties.
“Boarded openings” shall mean any opening in the building or structure covered with cut and fit pieces of solid building material, secured at the perimeter with nails and/or screws, painted to match the body color of the building, and used as a temporary security measure for less than one year. “Building Official” shall mean such officer appointed in accordance with the City of Coronado Municipal Code, or his designee.
“Legal occupancy” shall mean occupancy in accordance with California State building and fire codes, and local zoning and housing codes, and all other pertinent codes. “Owner” shall mean any person, institution, foundation, entity, or authority, which owns real property within the City of Coronado, or the executor or administrator of any estate containing real property within the City in its inventory, or the trustee of any trust holding legal title to real property within the City for the benefit of others. “Premises” shall mean a legal parcel of land, building, or accessory structure. “Proximate properties” shall mean a legal parcel of land located within 1,000 feet of a vacant premises. “Vacant” shall mean not legally occupied by human beings. Vacant status in and of itself does not constitute a blighted condition.
“Vacant lot” shall mean a legal parcel on which there are no permanent buildings.

C. The owner of a vacant premises or vacant lot with a blighted condition, or a condition otherwise adversely affecting the public health or safety, shall, upon notification of the owner by the City, rehabilitate the premises to remove the blighted condition.

D. Regardless whether or not a blighted condition exists, the property owner of a vacant premises or vacant lot shall maintain their premises with the following standards:

1. The exterior of every vacant premises or vacant lot shall be maintained in a clean, safe and sanitary condition.
a. Every vacant premises and vacant lot shall be maintained free from weeds and plant growth in excess of 10 inches. “Weeds” shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided.
b. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
c. Every vacant lot in a nonresidential zone shall be enclosed with a six-foot-tall opaque fence erected along the property lines screening the lot from view. The adjoining public rights-of-way shall be buffered with landscaping to soften the fence, and shall be irrigated by an automatic irrigation system, at the expense of the owner. The City of Coronado Design Review Commission shall approve the proposed landscaping and fencing prior to installation.
d. Except as provided in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored in any vacant building on any vacant premises or vacant lot, where it is open and visible to the public, and neither shall any vehicle be kept at any time in a state of major disassembly, disrepair, or in the process of being stripped or dismantled.

2. The exterior of every vacant premises shall be maintained in good repair, structurally sound and sanitary, so as not to pose a threat to the public health, safety or welfare.

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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. a. All exterior finishes, including, but not limited to, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood and other surfaces shall be protected from the elements by painting or other protective covering or treatment. b. All exterior windows and skylights shall be kept in sound condition, good repair, clean and free of tape or other adhesives. All windows of a vacant premises in all nonresidential zones shall be painted, covered with opaque film, or in some other manner treated to prevent the public viewing of the interior of the premises. Community information or displays are permitted in lieu of window treatment. All window treatments, displays, or community information shall be approved by the Director of the Community Development Department.

3. Every vacant premises, and the interior of every vacant structure, shall be free from any accumulation of graffiti, rubbish and garbage.
a. It shall be the responsibility of the owner to restore to a clean surface condition any exterior surface of any vacant structure or building wantonly damaged, mutilated or defaced by marking, carving or graffiti. b. All rubbish or garbage shall be disposed of in a clean and sanitary manner by placing such garbage in approved containers that are regularly emptied in an approved disposal facility.

E. If the owner of a vacant premises has been the recipient of three notice of violation actions for violations of the Coronado Municipal Code during any one period of vacancy, the owner must submit plans to abate the violation(s) to the Design Review Commission for approval as provided in CMC Title 80. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.830 Manufactured housing requirements.

Manufactured housing shall conform to the development standards for the zone in which the structure is located. A manufactured home shall comply with the same development standards which would apply to a conventional singlefamily residential dwelling on the lot. with the exception of architectural requirements concerning the manufactured home’s roof overhang, roofing materials, and siding materials as follows:

A. A minimum roof overhang shall be provided that is at least one-third the required side yard setback.

B. Roofing materials shall consist of composition shingle, asphalt or other material typically found on a wood frame house.

C. Exterior materials shall be of natural material including but not limited to wood, stucco, and siding. Prefabricated siding is prohibited. (Ord. 2062 § 2 (Exh. A), 2016)

86.56.840 Undergrounding of utilities for residential zones.

A. The property owner shall underground all existing and future utilities to the site (except for utilities which are not possible to underground such as backflow valves and transformers) when new construction occurs or when improvements result in more than 50 percent of an existing dwelling being demolished and rebuilt or where the proposed gross floor area exceeds 150 percent of the existing building gross floor area. Said utilities shall be located on private property and shall be screened from public view at the direction of the City of Coronado.

B. Undergrounding Exceptions. Undergrounding of each separate utility shall not be required if any of the following site conditions exist:

1. Access to the utility source would require crossing private property where an existing utility easement is not present; or

2. The undergrounding of the utilities would require over 75 lineal feet of trenching in a public right-of-way or would require the crossing of a public street. (Ord. 2068 § 2 (Exh. A), 2017) Attachment 5
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Chapter 86.58

OFF-STREET PARKING
Sections:

86.58.010 Purpose and intent.

86.58.020 General provisions.

86.58.030 Number of spaces required.

86.58.040 Access design.

86.58.050 Backing onto sidewalk or street.

86.58.060 Tandem parking.

86.58.070 Minimum size for spaces.

86.58.080 Valet parking.

86.58.090 Grading and drainage.

86.58.100 Maneuvering width.

86.58.110 Marking spaces.

86.58.120 Wheel stops.

86.58.130 Screening.

86.58.140 Lighting.

86.58.150 Spaces shall be unobstructed.

86.58.160 Landscaping.

86.58.170 Retention of required parking.

86.58.180 Separate nonresidential lots.

86.58.190 Location.

86.58.200 Mixed occupancies in a building.

86.58.210 Joint use.

86.58.220 Common facilities.

86.58.230 Parking plan required.

86.58.240 Reserved.

86.58.250 Provision of underground parking within the public right-of-way.

86.58.010 Purpose and intent.

It is the purpose and intent of this chapter to provide for regulations governing the number of parking spaces required based on the zone classification and type of use, the design characteristics of such required off-street parking, including but not limited to the configuration of the size of such spaces or stalls, size and configuration of maneuvering spaces, fences or walls, lighting and landscaping. Refer to the Orange Avenue Corridor Specific Plan for the number of parking spaces required for commercial uses located in the Commercial Zone. Further, the City finds that on-street parking does not fulfill parking requirements and that off-street parking is needed to retain traffic capacities on streets and highways and that adequate, well designed off-street parking facilities assist business, lessen traffic congestion, help maintain property values and deter blight and deterioration. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.020 General provisions.

A. When any building is to be constructed or over 50 percent reconstructed at any one time or incrementally, no construction plan shall be approved nor any building permit issued unless the project includes off-street parking in accordance with this chapter.

B. When an existing nonresidential building is proposed to be structurally expanded or to have an expansion of floor area, for occupancy to be allowed, for construction plans to be approved and for a building permit or other entitlement to be issued for the proposed structural modification:

1. The structural or floor area expansion must not reduce existing parking on-site below that which is required for the use or uses on-site; and
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2. Additional off-street parking required for the structural or floor area expansion by this chapter must be provided.

C. Additions, enlargements or structural alterations may be made to a residential building that is nonconforming due to residential off-street parking requirements; provided, that there are no means of providing the required number of spaces without removing a portion of the existing main building, excluding porches, carports, patio covers, roof overhangs, sills and other similar projecting architectural features. In the case of multifamilymultiple-family dwellings, such additions, enlargements or structural alterations shall not include or permit modifications which would increase the number of required off-street parking spaces. If a garage has been converted to living space, before any structural addition is added, this living space must be reconverted to a garage or replacement parking for the main dwelling shall be provided in accordance with this chapter. In no case shall the number of existing offstreet parking spaces be reduced.

D. When an existing use of a property is proposed to be added to, changed or replaced by a new use, for occupancy to be allowed and for a building permit or other entitlement to be issued for the existing or proposed use:

1. Single-family Dwelling Buildings or Duplexes (New Construction). Required off-street parking shall be provided in accordance with CMC 86.58.030(D);

2. If possible, the existing number of off-street parking spaces located off-site and required for current and proposed uses on-site must be maintained; and

3. The proposed use must provide the off-street parking required for the use by this chapter, except that when a use is proposed to replace an existing use that is legal nonconforming in regard to the number of parking spaces provided, the proposed use need not provide additional parking if it has the same or less parking requirement as the existing use. (Ord. 2020-03 § 3 (Exh. A), 2020); Ord. 2067 § 5 (Exh. A), 2017; Ord. 2062 § 2 (Exh. A), 2016)

86.58.030 Number of spaces required.

A. Nonspecified Land Uses. Where the minimum number of parking spaces for a use is not specifically provided for herein, the minimum number of parking spaces for such use shall be established by the Planning Commission, and such determination shall be based upon the requirements for the most comparable uses herein described.

B. Orange Avenue Corridor Specific Plan. All development within the Commercial Zone shall provide the number of parking spaces required by CMC Title 88.

C. Tidelands Overlay Zone. All development within the Tidelands Overlay Zone shall provide the number of parking spaces required by this title, or the number of spaces required by California Department of Boating and Water Ways, or the San Diego Unified Port District, or the California Coastal Commission, whichever parking standard requires the greater number of parking spaces.

D. Dwellings.

1. Single-Family Dwelling Buildings or Duplexes (New Construction).

Lot Size or Shape Minimum Number of Off-Street Parking Spaces Required Per Dwelling 4,000 sq. ft. or less Two: One “covered and enclosed” plus one “open and unenclosed”* 4,001 – 5,599 sq. ft. Two: One “covered and enclosed” plus one either open or enclosed* 5,600 sq. ft. and greater Three: Two “covered and enclosed” plus one either open or enclosed* Less than 50 feet in width and either has no secondary
street or alley access or fronts solely on an alley.

Two: One “covered and enclosed” plus one “open and unenclosed”* *Covered and enclosed spaces are not required for units deed restricted to be affordable to low, very low, and extremely low income households as defined in the City’s General Plan Housing Element. Required spaces serving affordable units may be provided as open and unenclosed.

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Open and unenclosed parking spaces shall be open on two or more sides and unenclosed with no fence, wall or gate separating the access to the parking space from the alley or street. Parking below grade shall qualify as open and unenclosed and gates or doors on driveways are permitted. If said unenclosed space is covered and the roof is attached to a building, it shall be integrated into the architecture of the adjoining building. Parking spaces adjoining and parallel to a street shall be screened from the street with material which is a minimum of 50 percent solid and six feet in height. Off-street parking which is on-grade and uncovered may be located in the side or rear yard setback.

Where three parking spaces are provided on one site with one uncovered, said uncovered space shall not be required to provide a side or rear yard setback. Driveways providing access to required parking within a front yard or tandem parking (maximum of two spaces) may be used for the uncovered third space, subject to compliance with CMC 86.58.040, Access design, and 86.58.050, Backing onto sidewalk or street.

2. Single-Family Dwelling Buildings or Duplexes (Existing Construction Built Prior to 1973). Two spaces per dwelling unit, one of which is to be a “covered and enclosed parking” space per dwelling unit.

3. For multiple-family dwellings, there shall be provided no less than two parking spaces for each dwelling unit with two or more bedrooms, and one space per unit for studio and one-bedroom units. A minimum of 50 percent of the required parking spaces shall be “open and unenclosed” on two or more sides with no fence, wall or gate separating the access to said parking from the alley or street. Open parking above or below grade shall qualify as “open and unenclosed parking,” and gates or doors on common driveways are permitted. If said unenclosed space is covered and the roof is attached to a building it shall be integrated into the architecture of the adjoining building. Parking spaces adjoining and parallel to a street shall be screened from the street with material which is a minimum of 50 percent solid and six feet in height. Off-street parking which is on-grade and uncovered may be located in the side or rear yard setback.

54. Multiple-Family Dwellings, R-5 Zone. One and one-half spaces per dwelling unit.

65. For residential projects with senior housing, there shall be provided one parking space for each senior dwelling unit.

76. For residential projects with affordable housing, there shall be provided one and one-half spaces for each affordable dwelling unit affordable to moderate, low, very low, and extremely low income households.

8. Accessory dwelling units. See subsection (B)(12) of CMC Section 86.56.105.

E. Limited Residential Special Care Facilities in the Residential-Special Care Development Zone. One space per two habitable units.

F. Nursing Homes, Convalescent Homes or Other Than General Hospitals. One space for each three patient beds.

G. General Hospitals. One space per patient bed, one space per 300 square feet of gross floor area of medical or dental office space, plus one parking space per two employees, determined at the month, day and hour when the greatest number of employees are on duty.

H. Hotels or Motels. One space per two habitable or dwelling units; one space per two employees, determined at the month, day and hour when the greatest number of employees are on duty; 20 percent of the parking spaces required by this chapter for meeting halls; and 30 percent of the parking spaces required by this chapter for all other uses on the site (e.g., restaurants, bars, nightclubs, general commercial or retail use, etc.).

I. Business Office, Service, Professional or Retail Use. One space per 500 square feet of gross floor area, plus one parking space per two employees, determined at the month, day and hour when the greatest number of employees are on duty, with a minimum of five spaces required for banks and savings and loan associations.

J. Eating and Drinking Establishments, Fast Food and Formula Fast Food Restaurants.

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1. One space for each three seats and one space for each 54 inches of clear bench space, excluding dance floors and assembly areas without fixed seats which shall be calculated separately as one space for each 50 square feet of floor area; plus one parking space per two employees determined at the month, day and hour when the greatest number of employees are on duty.

2. Fast food and formula fast food restaurants shall have parking requirements calculated by the above standard; however, a minimum of 10 parking spaces shall be provided for these uses. The change of ownership shall not, by itself, require the provision of additional parking. a. For fast food restaurants, required parking shall be provided on site, or by parking allocation credits, joint use, common facilities or facilities on private property on the same block within 200 feet of the site. b. For formula fast food restaurants, parking allocation credits may be applied to satisfy the parking requirement in excess of 10 parking spaces. However, the initial 10 spaces shall be parking spaces provided by means other than utilizing parking allocation credits, and shall be required when:
i. A new formula fast food restaurant is established;
ii. An existing formula fast food restaurant is relocated; or iii. An existing formula fast food restaurant is physically expanded in a manner to increase the restaurant’s seating capacity.

K. Churches, Mortuaries, Funeral Homes, Theaters, Assembly Halls, Auditoriums, Meeting Halls. One space for each five fixed seats, one space for each 90 inches of clear bench space, and one space for each 50 square feet of floor area used for assembly purposes.

L. Service Stations. There shall be a minimum of five off-street parking spaces or one off-street parking space for each pump island and two off-street parking spaces for each service bay, whichever is greater; plus one parking space per two employees, determined at the month, day and hour when the greatest number of employees are on duty.

M. Massage Establishments. One parking space per employee, determined at the month, day and hour when the greatest number of employees are on duty, and one space for each 100 square feet of gross floor area.

N. Marinas, Yacht Clubs and Dry Boat Storage Yards. Three car parking spaces for every four boat slips and three car parking surfaces for every seven dry boat storage spaces for marinas, yacht clubs and for dry boat storage yards that contain boat launching facilities.

O. Schools and Classrooms. One parking space per two employees, determined at the month, day and hour when the greatest number of employees are on duty; plus, for high school or adult education classes, one parking space per five students, determined at the month, day and hour when the greatest number of students are enrolled.

P. Parking Lots or Structures. One parking space per two employees, determined at the month, day and hour when the greatest number of employees are on duty.

Q. Mixed Use Developments. Two parking spaces per dwelling, and that parking that would otherwise be required for the other uses on the site. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.040 Access design.

For new construction or major reconstruction projects for single- or two-family dwellings or duplexes, curb cuts, driveways, and ingress and egress to on-site parking from a street shall be prohibited except for those lots which do not adjoin an alley or are not accessible by vehicles from an alley due to the lot configuration or location of a main building, permanent accessory building, or swimming pool. Access to on-site parking should be functional and compatible with pedestrian sidewalk use. Curb cuts and driveways shall only be permitted if they serve required offstreet parking. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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86.58.050 Backing onto sidewalk or street.

No parking area, except those required for single- or two-family dwellings, or duplexes on lots which do not adjoin an alley or are not accessible by vehicles from an alley due to the lot configuration or location of a main building, permanent accessory building, or swimming pool, may be located so as to require or encourage the backing of motor vehicles across or into any public sidewalk or streets. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.060 Tandem parking.

A. “Tandem parking” (front to back) with a maximum of two spaces in tandem configuration, for single- or twofamily dwellings or duplexes, shall be permitted only on a lot that is less than 50 feet in width and either has no alley access or fronts solely on an alley, or for lots with a “gross lot area” of less than 3,500 square feet, or when it is not reasonably possible to otherwise provide the required off-street parking due to lot configuration or location of a main building, permanent accessory building, or swimming pool.

The following are exceptions to this requirement:

1. Tandem parking for single-family or duplex development shall be permitted when three off-street parking spaces are required in accordance with CMC 86.58.030(D)(1).

B. All spaces that are in tandem and are serving residential uses shall be designated to serve the same dwelling unit.

C. In all zones, the first tandem parking space closest to the adjacent street or alley shall be open on two or more sides and unenclosed with no fence, wall or gate separating the access to the parking space from the alley or street.

Open underground parking in a tandem configuration shall qualify as open and unenclosed. If said unenclosed space is covered and the roof is attached to a building, it shall be integrated into the architecture of the adjoining building.

Parking spaces adjoining and parallel to a street shall be screened from the street with material which is a minimum of 50 percent solid and six feet in height. Off-street parking which is on-grade and uncovered may be located in the side or rear yard setback.

D. Tandem parking for nonresidential uses may be permitted only as part of an approved valet parking plan. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.070 Minimum size for spaces.

A. Unless otherwise provided in this section, confined parking spaces shall be no less than nine feet wide and 18 feet long and unconfined spaces shall be no less than eight feet, six inches wide and 18 feet long.

B. Whether confined or unconfined, parking spaces:

1. With parking angles of less than 40 degrees from the maneuvering aisle may have a width of no less than eight feet.

2. Which are “covered and enclosed” and which serve a one- or two-family dwelling shall be no less than nine feet wide and 20 feet long except for “tandem parking” for two vehicles which shall be no less than nine feet wide and 18 feet long per space.

3. Which serve uses other than dwelling units may be designated, in an amount not to exceed 20 percent of such spaces, as compact car spaces and may be no less than seven and one-half feet wide and 15 feet long except for confined compact spaces which shall be no less than eight feet wide and 15 feet long.

4. Designated for valet parking shall be no less than seven feet wide and 18 feet long.

5. Which are parallel to the access road or drive which services the spaces shall be no less than 22 feet long for standard car spaces and 19 feet long for compact car spaces where authorized.

C. The dimensions contained in this section shall be measured from inside the required parking space. No portion of any structure, equipment, or projection such as but not limited to building support columns, mechanical equipment, or appliances shall be permitted to encroach into a required parking space.

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D. Where parking spaces are located at the end of parking aisles which are terminated by landscaping, buildings, or other structures, such spaces shall be 10 feet wide to provide additional room for maneuvering. (Ord. 2062 § 2 (Exh.

A), 2016)

86.58.080 Valet parking.

Valet parking may be permitted subject to the following conditions:

A. All points of ingress shall be marked “valet parking only” or similar language to that effect, in a manner satisfactory to the Community Development Department. Such markings may include pavement markings or both.

B. Valet parking areas shall be separated from adjacent or adjoining self-parking areas.

C. Vehicle parking by any person other than a valet shall not be permitted. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.090 Grading and drainage.

All parking spaces and the primary accessway to such spaces shall be paved so as to provide a durable dust-free surface and shall be graded and drained so as to dispose of all surface water that may accumulate thereon. Drainage of surface water will not be permitted over a public sidewalk. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.100 Maneuvering width.

The maneuvering (aisle) width for parking spaces other than those provided for one- and two-family dwellings shall not be less than as follows:

Parking Angle
(in degrees)
Maneuvering Aisle Width
(in feet)
0 12
20 12
30 12
45 13.5
60 18.5
70 19
80 24
90 24
(Ord. 2062 § 2 (Exh. A), 2016)

86.58.110 Marking spaces.

A. Marking.

1. The perimeter stall length of each off-street parking space provided for uses other than single-family dwelling buildings and duplexes shall be clearly outlined with double lines or striping on the surface of the parking facility in a permanent manner with paint, reflective tape or other means as deemed appropriate by the Department of Community Development to clearly identify the boundaries of each space. Said striping shall be four inches in width with six inches between the double stripes. The required parking space width shall be measured from the center of the double lines.

2. Privately marked parking spaces shall not be located on sidewalks, parkways, driveways, alleys or planted areas.

3. Parking provided for a use, other than specified dwelling units (such as commercial uses, guests, compact car or handicapped parking), or in excess of the parking requirements for the complex, shall be clearly marked.

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4. Markings may be coded so long as the code is provided to the initial purchaser of the unit, and to the Department of Community Development.

5. Required off-street parking space or queue lane markings shall be maintained in a legible condition.

B. Assignment.

1. Each off-street parking space for a multiple-family dwelling unit shall be assigned to a specific dwelling unit or use, and clearly marked for such dwelling or use.

2. Each dwelling unit shall be assigned its proportionate share of the required parking for the complex. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.120 Wheel stops.

Each off-street parking space provided for uses other than single-family dwelling buildings and duplexes shall have a concrete parking bumper or wheel stop unless it would hinder vehicle or pedestrian movement or constitute a safety hazard. Each required bumper shall be six inches in height, permanently anchored and located in a manner acceptable to the Department of Community Development. Wheel stops are not required for parallel or zero-degree parking spaces. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.130 Screening.

Off-street parking areas for more than five vehicles shall be effectively screened on each side which adjoins premises in any R Zone or property used for institutional purposes by a fence or wall which shall not be more than six feet in height from the property line to a point equal to the required front yard of the adjoining R Zone. A threeand-one-half-foot-high fence or wall shall be provided along the property lines adjoining dedicated streets and/or alleys. The fences or walls shall be maintained with no advertising thereon. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.140 Lighting.

Lighting shall be arranged in a manner so as to reflect light away from adjoining residential or institutional uses and otherwise located in a manner acceptable to the Community Development Department. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.150 Spaces shall be unobstructed.

All required off-street parking spaces shall be maintained free and unobstructed, with adequate ingress and egress. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.160 Landscaping.

A. Off-street parking areas for more than five vehicles shall maintain a five-foot-wide landscaped strip along the property line adjoining any dedicated street.

B. Total landscaping within and adjoining the parking area shall amount to no less than 15 percent of the parking site area.

C. The landscaping and exterior lighting, if any, shall be subject to CMC Title 80, and lighting shall be designed and installed so as to confine the light’s direct rays to the site and all parking lot lights shall be directed away from property lines.

D. One 24-inch box tree (minimum size), per City specifications, shall be provided for every five parking spaces.

Said trees shall be distributed throughout the parking spaces and so located to provide shade cover for the vehicles.

E. Any unused space resulting from the design of the parking area shall be used for landscape purposes.

F. All parking lot landscaped islands shall have a minimum inside dimension of four feet and shall be separated from vehicular areas by a six-inch-high, six-inch-wide concrete curb.

G. All landscaping areas shall be irrigated automatically and kept in a healthy condition free from weeds, debris and trash.

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H. Projects which are primarily parking structures, that mask their primary use on street frontages at street level by commercial retail or similar uses, shall be required to maintain a minimum of three percent of the total parking site or lot area in landscaping.

I. Primarily residential projects in the Parking Overlay Zone shall be required to maintain no more than 25 percent of the total parking site or lot area in landscaping if the project includes excess alley accessible public parking spaces to number no less than five spaces or 10 percent of the total number of spaces required for the land use on the site (whichever is greater). (Ord. 2062 § 2 (Exh. A), 2016)

86.58.170 Retention of required parking.

Existing required off-street parking shall be retained and maintained for those land uses for which it is required.

Parking spaces required for one land use may not be rented, leased, sold or otherwise encumbered for some other use. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.180 Separate nonresidential lots.

If a building, structure or improvement requiring parking is located upon a separately recorded lot from that upon which the required parking is provided, whether in the same or separate ownership, there shall be a recording in the Office of the San Diego County Recorder of a covenant by such owner or owners for the benefit of the City in the form first approved by the City, that such owner or owners will continue to maintain such parking space so long as the building, structure or improvement is maintained within the City. The covenant herein required must stipulate that the title to the right to use the lot or lots upon which the parking facilities are to be provided will be subservient to the title to the premises upon which the building is to be erected, and that the lot or lots are not and will not be made subject to any other covenant or contract for use without prior written consent of the City. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.190 Location.

Off-street parking facilities shall be located as hereinafter specified. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the building that such facility is required to serve.

A. For any type of dwelling, parking facilities shall be located on the same lot or building site as the building they are required to serve, except that in single-family zones, required parking may be provided on an adjoining lot if said parking space(s) is accessible by pedestrians from the lot it is required to serve and said pedestrian access, the required parking space(s), and the vehicle access area to said space is described within a recorded easement to the benefit of the property owner of the lot which the parking space(s) is serving and that said easement shall not be amended or revoked without City approval.

B. For hospitals, sanitariums, rest homes, asylums, and orphanages, parking facilities shall be located on the same lot or building site as the buildings they are required to serve.

C. Parking for commercial vehicles in Commercial Zones or the “P” Overlay Zone shall be located, when feasible, in a manner to reduce their visibility from public streets or sidewalks.

D. For uses other than those specified above, not over 200 feet from the buildings they are required to serve, all parking areas are to be located in the same block, and connected to the buildings they are to serve with a direct access way that does not cross a public street.

E. No off-street parking shall be permitted in any residential front yard area except as permitted by CMC

86.58.030(D)(1), number of spaces required, single-family dwelling, and subsection F of this section, location.

F. Where the front yard or side yard setback requirements of this title for single-family dwelling buildings on numbered streets (First through Tenth Streets) eliminates the possibility of providing the required off-street parking spaces outside of the required front or side yards or portions thereof, then such required off-street parking may be provided in such required front or side yards or portions thereof as long as it is “open and unenclosed” and uncovered.

G. No required off-street parking shall be permitted on a slope greater than 14 percent. (Ord. 2062 § 2 (Exh. A), 2016)
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86.58.200 Mixed occupancies in a building.

In the case of mixed uses in a building or on a lot, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as hereinafter specified for joint use. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.210 Joint use.

The City may, upon application by the owner or lessee of any property, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:

A. Up to 50 percent of the parking facilities required by this chapter for a use considered to be primarily a daytime use may be provided by the parking facilities of a use considered to be primarily a nighttime use; up to 50 percent of the parking facilities of a use considered to be primarily a nighttime use may be provided by the parking facilities of a use considered to be primarily a daytime use, provided such reciprocal parking area shall be subject to conditions set forth in subsection C of this section.

B. The following uses are typical daytime uses: banks, business offices, retail stores, personal service shops, clothing or shoe repair or service shops, manufacturing or wholesale buildings and similar uses; the following uses are typical of nighttime and/or Sunday uses: auditoriums incidental to a public or parochial school, churches, dance halls, theaters, and bars.

C. Conditions Required for Joint Use.

1. The building or use for which application is being made for authority to utilize the existing off-street parking facilities provided by another building or use shall be located within 200 feet of such parking facility and located in accordance with CMC 86.58.190(D).

2. The applicant shall show that there is no substantial conflict in the principal operating hours of the building or uses for which the joint use of off-street parking facilities is proposed.

3. If the building, structure or improvement requiring parking space is in one ownership, and the required parking space provided in another ownership, practically or wholly, there shall be a recording in the Office of the San Diego County Recorder of a covenant by such owner or owners as prescribed by CMC 86.58.180. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.220 Common facilities.

Common facilities for parking may be provided in lieu of the individual requirements contained herein, but such facilities shall be approved by the City as to size, shape and relationship to business sites to be served, provided the total of such off-street parking spaces when used together shall not be less than the sum of the various uses computed separately. If the common facilities are located on more than one lot, a covenant for the preservation of the parking facilities must be filed in accordance with the provisions of CMC 86.58.180. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.230 Parking plan required.

A. The plan of a project’s proposed parking area shall be submitted to the Community Development Department for processing prior to the issuance of any permit for the project for which the parking area is intended. Each plan shall clearly indicate the proposed developments, including location, size, shape, design, curb cuts, internal traffic circulation, lighting, landscaping and other features and appurtenances of the proposed parking area.

B. The parking plan shall be reviewed by the Design Review Commission in accordance with CMC Title 80.

C. Unless otherwise provided, the Community Development Department shall determine whether the plan is in conformance with this title.

D. Parking plans for property within the C-R and H-M Zones, and parking plans for nonresidential development on property in Residential Zones, or parking plans that involve joint use or common use shall be submitted to the Planning Commission for review and recommendation to the City Council. Thereafter, the plan shall be submitted to Attachment 5
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The Coronado Municipal Code is current through Ordinance 2023-01, passed March 7, 2023. the City Council, which, after a noticed public hearing (as provided for in CMC 86.02.120, Determination of use), will approve, disapprove or conditionally approve the plan. The City Council may refer the plan to the Traffic Operations Committee for review and recommendation. Any parking plan submitted for property within the C Zone shall be reviewed by the Planning Commission for final action unless appealed to the City Council. Plans required to be processed in accordance with this subsection shall be accompanied by a filing fee as required by resolution of the City Council.

E. The parking requirement for a hotel or motel facility may be reduced by the City during parking plan review by up to 20 percent if the hotel or motel is designed and operated in a manner that encourages the use of alternative modes of transportation to the private car. For example, the hotel or motel is sited to be in walking distance of most needed facilities and transit, complimentary limousine or shuttle service is provided customers to the airport, train station and other activity centers, complimentary transit tickets are provided to customers and employees, free use of bicycles is similarly provided, and telephones, faxes, computers with modems, and other business machines are readily available on site. For employees, commuter information, bicycle racks and shower and locker facilities must be provided. Finally, the development operator must maintain membership in the Coronado Transportation Management Association. (Ord. 2062 § 2 (Exh. A), 2016)

86.58.240 Reserved.
(Ord. 2062 § 2 (Exh. A), 2016)

86.58.250 Provision of underground parking within the public right-of-way.

Public parking may be provided within the public right-of-way below ground level under the following conditions:

A. A City of Coronado or Caltrans encroachment permit is obtained by the applicant; B. Such underground facilities would not interfere with the provision or maintenance of public streets or utilities; C. The parking spaces provided in the public right-of-way are in excess of the total number of spaces required for the land use, and cannot be utilized to provide off-street parking required for the property or adjacent property; and D. The parking spaces shall be maintained for public use, or a like number of spaces elsewhere on the property shall be maintained for public use. (Ord. 2062 § 2 (Exh. A), 2016) Attachment 5
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Chapter 86.60
SIGNS
Sections:

86.60.010 Purpose.

86.60.020 Definitions.

86.60.024 Definitions – Types of signs.

86.60.030 General regulations.

86.60.040 Prohibited signs.

86.60.050 Signs on public property.

86.60.060 Regulation by zone.

86.60.065 Signs serving uses requiring a special use permit.

86.60.070 Commercial signs for gas station.

86.60.075 Commercial signs for theaters and auditoriums.

86.60.080 Complex signs.

86.60.090 Off-premises sign.

86.60.100 Temporary signs.

86.60.105 Searchlight signs.

86.60.110 Real estate signs.

86.60.115 Movable commercial signs.

86.60.120 Signs on vehicles.

86.60.130 Abandoned signs.

86.60.140 Approval not required.

86.60.150 Approval required.

86.60.160 Application for approval.

86.60.180 Action by Design Review Commission.

86.60.190 Appeal.

86.60.195 Variance.

86.60.200 Enforcement.

86.60.210 Historic sign designation.

86.60.220 Historic alteration permit.

86.60.010 Purpose.

A. The purpose of this chapter is to reduce visual clutter, preserve the character and quality of the environment, achieve an aesthetically pleasing visual appearance for the community, and provide an adequate opportunity to erect signs. In so doing, this chapter intends to enhance the visual environment of the City, to eliminate traffic hazards caused by improper signs and to ensure that information is presented safely and effectively.

B. This chapter establishes a comprehensive system for the regulation of signs to promote the public safety, health, and welfare. It presents a set of reasonable, nonarbitrary and nondiscriminatory standards and procedures which are intended to facilitate the improvement and protection of the environment by prohibiting the misuse of signs.

C. It is the intention of this chapter to further the greater public interest in allowing a property owner to identify the owner’s property and the activities, services, and products available thereon rather than having the property owner use his allowable sign area to identify property, activities, services, and products located elsewhere. (Ord. 1710; Ord. 1657; Ord. 1431)

86.60.020 Definitions.

A. “Sign” shall mean any and all devices, fixtures, structures, construction, cloth, or backing which conveys a message in pictorial, symbolic, or worded form, placed for display to the outdoor public. The term “sign” shall not include church windows, religious symbols, noncommercial flags, or barber poles. Time and temperature devices will not be considered signs if there is no identification or advertising thereon.

Attachment 5
City of Coronado Page 835
Coronado Municipal Code
Chapter 86.60 SIGNS

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