to any change to the 24-hour emergency contact, a revised group home permit application shall be submitted to the Community Development Director, or designee, for approval. (7) All garage and driveway spaces a ssociated with the dwelling unit shall, at all times, be available for the parking of vehicles. Vehicles associated with the facility, shall be operable, parked off-street, and currently used as a primary form of transportation for a resident of the group home. (8) Occupants must not require and operators must not provide "care and supervision" as those terms are defined by Health and Safety Code Section 1503.5 and Section 80001 (c)(3) of title 22, California Code of Regulations.
(9) Integral group home facilities are not permitted. A pplicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (10) The home shall comply with all applicable codes regarding fire, building construction and safety, and all other relevant laws, regulations and ordinances. The city's failure to inspect the home does not constitute a waiver of its right to perform future inspections. (11) The group home shall not locate within 1000 feet, as measured from the closest property lines, of any other group home or state licensed residential care facility. (12) In instances of occupant evicti on or involuntary termination of residency in a group home, the operator shall:
a. At the time of occupant departure from the home, make available transportation to the address listed on the occupant's driver's license, state issued identification card, or permanent address provided on the occupant's application or referral to the group home. This obligation shall not be satisfied by providing payment to the occupant for the cost of transportation. b. At least 24 hours prior to eviction or invol untary termination, notify the occupant's emergency contact or contact of record that the occupant is no longer a resident of the home; contact the Orange County Health Care Agency's OC Links Referral Line to determine what services, if any, might be available to the resident; any information obtained shall be shared with the occupant prior to their release.
c. To the extent permitted by state and federal law regarding confidentially of health care information, maintain records for a period of one year following eviction or involuntary termination to document compliance with these notice provisions. (13) For the purpose of inspection or audit to determ ine that the objectives and conditions of this section are being fulfilled, upon request of the Community Development Director or designee, the operator shall provide access to the group home or to records related to the use and occupancy of the home. (14) In addition to the regulation s outlined above, the following shall also apply to sober living homes a. All occupants, other than the house manager, sha ll be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction.
b. The sober living home's rules and regulations shall prohibit the use of any alcohol or any non- prescription drugs at the sober living home or by any recovering addict either on- or off-site.
Regular drug testing or some equivalent alternative shall be conducted to ensure that tenants are not currently using drugs or alcohol. The sober living home shall also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of
prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on-site in a common area inside the dwelling unit. Any violation of these rules shall be cause for eviction under the sober living home's rules for residency and the violator cannot be re-admitted for at least 90 days. Any second violation of these rules shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
c. The number of occupants subject to the sex offender registration requirements of Penal Code Section 290 shall not exceed the limit set forth in Penal Code Section 3003.5 and shall not violate the distance provisions set forth in Penal Code Section 3003. d. The sober living home shall have a written visit ation policy that shall preclude any visitors who are under the influence of any drug or alcohol, are probationers, or parolees. No visitors shall be permitted to spend the night or stay past 10:00 p.m. and a house manager shall be present during visitations.
e. The sober living home shall have a good neighb or policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in smoking outdoors and excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received. f. The sober living home shall not provide any of the following services as they are defined by Section 10501(a)(6) of Title 9, California Code of Regulations: Detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning. (15) An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director or designee setting forth specific reasons as to why accommodation over and above this Section is necessary under state and federal laws, pursuant to Section 9-1-39.
(c) The group home permit shall be issu ed by the Community Development Director or designee as a ministerial matter if the applicant is in compliance or has agreed to comply with the provisions of this section. The group home permit shall be denied, and if already issued, shall be revoked, upon a hearing by the Director under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information.
(2) Any owner/operator or staff person has an empl oyment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been convic ted of or pleaded no contest, within the last seven to ten years, to any of the following offenses:
a. Any sex offense for which the pe rson is required to register as a sex offender under California Penal Code Section 290 (last 10 years).
b. Arson offenses - violations of Penal Code Sections 451-455 (last seven years); or c. Violent felonies, as defined in Penal Code Se ction 667.5, which involve doing bodily harm to another person (last ten years).
d. The unlawful sale or furnishing of any controlled substances (last seven years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
(6) A group home permit for a sober living home sha ll also be denied, and if already issued, shall be revoked, upon a hearing by the Director under any of the following additional circumstances:
a. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety. b. The owner/operator of a sober living home fa ils to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
c. The sober living home, as measured by the clos est property lines, is located within 1000 feet of any other sober living home or state licensed residential care facility. If a state licensed facility moves within 1000 feet of an existing sober living home this shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. (7) For any other significant or repeated violations of this section or any other applicable laws or regulations.
(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this Ordinance, that has obtained a reasonable accommodation pursuant to section 9-1-139. (Ord. 2018-194, § 2, passed 6-5-18; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 9-1-39 Reasonable accommodation.
(A) Purpose.
(1) It is the city's policy to provide reasonable accommodation in accordance with federal and state fair housing laws (42 U.S.C. § 3600 et seq. and California Government Code § 12900 et seq.) for persons with disabilities seeking fair access to housing in the application of the city's zoning laws. (2) The term "disability" as used in this subchapter shall have the same meaning as the terms "disability" and "handicapped" as defined in the federal and state fair housing laws. (3) The purpose of this subchapter is to establish the procedure by which a person may request reasonable accommodation, and how the request is to be processed.
(B) Applicability. Any person seeking approval to construct and/or modify residential housing for person(s) with disabilities, and/or operate a residential care facility, group home, or referral facility, which will substantially serve persons with disabilities may apply for a reasonable accommodation to obtain relief from a Zoning Code provision, regulation, policy, or condition which causes a barrier to equal opportunity for housing. (C) Application required.
(1) An application for a reasonable accommodation shall be filed and processed with the Planning Division. (2) The application shall be made in writing and shall include the following information and be subject to the determinant factors required by this section.
(a) The zoning code provision, regulation, policy, or condition from which accommodation is being requested.
(b) The basis for the claim that the individuals are con sidered disabled under state or federal law, and why the accommodation is necessary to provide equal opportunity for housing and to make the specific housing available to the individuals.
(c) Any other information that the director reasonably determines is necessary for evaluating the request for reasonable accommodation.
(d) Documentation that the applicant is an individual with a disability; applying on behalf of one or more individuals with a disability; or a developer or provider of housing for one or more individuals with a disability.
(e) The specific exception or modifi cation to the zoning code provision, regulation, policy, or condition requested by the applicant.
(f) Documentation that the specific exception or modi fication requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. (g) Any other information that the Hearing OfficerDirector of Community Development reasonably concludes is necessary to determine whether the findings required by division (G) below can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. (D) Fees. No application fee is required.
(E) Director action. Within 60 days of receipt of a completed application, the community development director shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with this section. Any appeal to reasonable accommodation request denial or conditional approval shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for any other discretionary permit. (F) Grounds for reasonable accommodation. The following factors shall be considered in determining whether to grant a reasonable accommodation:
(1) (a) Is the requested accommodation necessary to afford a disabled person an equal opportunity to use and enjoy a dwelling?
(b) To determine whether the accommodation is necessary, the director may consider, among other things:
The nature of the disability including the special needs created by the disability, the physical attributes and setting of the property and structures, the potential benefit that can be accomplished by the requested accommodation, and alternative accommodations that may provide a comparable level of benefit.
(2) (a) Is the requested accommodation reasonable?
(b) A requested accommodation is not reasonable if it would impose an undue financial or administrative burden on the city. It is also not reasonable if it would fundamentally alter a city program, such as the city's zoning scheme.
(c) In considering the financial or administrative burden on the city, the director may consider, among other things, the extent to which the city would have to dedicate resources, such as staff time and funds, to grant the request and other requests like it.
(d) In considering the potential alteration to a city program, such as the city's zoning scheme, the director may consider, among other things, whether granting the request would be consistent with the city's general plan, with the purpose and nature of the particular zoning district, and with nearby uses. The director may also consider whether the requested accommodation would potentially have adverse external impacts on properties in the vicinity.
(G) Findings.
(1) The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval. (2) In making these findings, the Director may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. (a) The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws;
(b) The requested accommodation is necessary to prov ide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling;
(c) The requested accommodation will not impose an undue financial or administrative burden on the city, as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law; (d) The requested accommodation is consistent with whether or not the residents would constitute a single housekeeping unit;
(e) The requested accommodation will not, under the specif ic facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others; (f) The requested accommodation is necessary to ma ke facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; (g) The existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting; and (h) The requested accommodation will not result in a fu ndamental alteration in the nature of the city's zoning program.
(H) Additional considerations. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program.
(1) Whether the requested accommodation would fundam entally alter the character of the neighborhood; (2) Whether the accommodation would result in a substa ntial increase in traffic or insufficient parking; (3) Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; (4) Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation; and (5) Any other factors that would cause a fundamental al teration in the city's zoning program, as may be defined in the Fair Housing Law.
(Ord. 2018-194, § 2, passed 6-5-18)
ARTICLE 4. NONRESIDENTIAL DISTRICTS
§ 9-1-40 Summary of nonresidential regulations.
(A) Permitted uses. Section 9-1-42 specifies the land uses allowed in each nonresidential district. (B) Development standards. Section 9-1-43 specifies development standards for nonresidential districts. (C) Supplemental regulations. Supplemental regulations for nonresidential districts are as follows:
(1) Parking and signs…..4-16;
(2) Fences and walls4-16…..;
(3) Landscaping……4-16;
(4) Screening…..4-17;
(5) Detached accessory structures…..4-20;
(6) Satellite dish and other antennas…..4-21;
(7) Christmas tree sales…..4-22;
(8) Halloween pumpkin sales…..4-22;
(9) Produce Stands…..4-23;
(10) Outdoor vendors…..4-24;
(11) Permanent outdoor display and storage…..4-24;
(12) Sidewalk sales and center-wide events…..4-26;
(13) Special outdoor events…..4-28;
(14) Outdoor lighting…..4-28;
(15) Caretaker residences…..4-29;
(16) Temporary construction and guard offices…..4-30;
(17) Relocatable buildings…..4-31;
(18) Vending machines and recycling facilities…..4-31;
(19) Trash and recyclable materials storage…..4-33;
(20) Noise control…..4-35;
(21) Operational standards for nonresidential uses…..4-35; (22) Hazardous waste and materials…..4-36;
(23) Service station standards…..4-38;
(24) Child day care centers…..4-39;
(25) Single room occupancy (sro) hotels…..4-40; and
(26) Bus stop benches and shelters…..4-40
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41 Purpose and intent of districts.
All references to § 9-1-41 include §§ 9-1-41.1 through 9-1-41.6. (Ord. 99-107, § 5, passed 2-2-99)
Created: 2025‐07‐24 16:43:18 [EST]
(Supp. No. 30)
§ 9-1-41.1 CN Neighborhood commercial district.
Purpose and intent: To provide for the development and maintenance of small-scale commercial centers, generally between one and ten acres in size, which provide day-to-day convenience goods and services for surrounding residential neighborhoods.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41.2 CC Community commercial district.
Purpose and intent: To provide for the development and maintenance of medium and large scale commercial areas located on arterial highways and serving the entire community. The CC district is intended to serve a greater trade area than neighborhood centers and provide a broader range of goods and services, including retail, office, service, lodging and entertainment uses.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41.3 CO Office commercial district.
Purpose and intent: To provide for the development and maintenance of office uses such as professional offices, corporate headquarters, and administrative offices, plus limited retail and service businesses which are compatible with and complimentary to office development. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41.4 BP Business park district.
Purpose and intent: To provide for the development and maintenance of office, research, wholesaling, light industrial, and associated support uses within well-landscaped master planned projects. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41.5 PI public institutional district.
Purpose and intent: To allow a wide range of public, semi-public and special-purpose private facilities in order to provide a variety of government and social services to the community. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-41.6 Mixed-use town center.
Purpose and intent: To provide for the development and maintenance of community serving commercial uses within the town center area. To further expand and support local business opportunities, the MU-TC District allows for potential additive multifamily residential development where baseline commercial thresholds have been achieved. The resulting mixed-use district character is intended to add to the city's housing stock and create pedestrian activity and a vibrant city center featuring a range of shopping, restaurant, service, employment, civic, and entertainment and leisure activities and uses.
(Ord. 2022-216, § 4, passed 7-19-22)
§ 9-1-42 Permitted uses.
(A) Development permits required. Table 4.1 below specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in subchapter 2, article 11. (B) Uses not listed in table. Land uses which are not listed in Table 4.1 below are not permitted unless the community development director or the planning commission determines that such use is consistent with one of the permitted use categories listed (e.g. principal use, conditional use, etc.) in accordance with § 9-1-
23. (C) Table of permitted uses.
(1) Table 4.1, "Permitted nonresidential uses", following, specifies those uses and structures which are permitted within each nonresidential district.
(2) If a use or structure is not listed as permitted, it is prohibited unless specifically determined to be permitted in accordance with § 9-1-23.
(3) All uses listed shall be conducted within a completely enclosed building unless specifically provided otherwise in this article.
(4) The letters in the columns beneath the district designations mean the following:
(a) "P" The use is permitted as a principal use within the district. (b) "A" The use is permitted only if accessory to the principal use on the site. (c) "U" The use is permitted as a principal or accessory use if a use permit is approved. (4) "M" The use is permitted as a principal or accessory use if a minor use permit is approved. (d) "T" The use is permitted on a temporary basis if a temporary use permit is approved. (e) "X" The use is prohibited in the district.
(D) Exemption. Notwithstanding anything herein to the contrary, this section is not intended to apply to the retail sale by delivery of medicinal cannabis as defined and regulated under Senate Bill 1186, known as the “Medicinal Cannabis Patients’ Right of Access Act”. (Ord. 99-107, § 5, passed 2-2-99)
TABLE 4.1: PERMITTED NONRESIDENTIAL AND MIXED USES
P= Permitted use
T= Temporary use permit
A= Accessory use
M= Minor use permit
U= Use permit
X= Prohibited use
DISTRICT
LAND USE CN
Neighb
orhood
Comrcl.
CC
Community
Comrcl.
CO
Office
Comrcl.
BP
Business
Park
PI
Public
Institu-
tional
MU-TC
Mixed-
Use
Town
Center
RETAIL USES
Retail stores1 , under 305,000 sq/ft floor area P P X U X P Retail stores1 , 30,000-60,000 sq/ft floor area U P X U X P
Retail stores1 , over 605,000 sq/ft floor area XU U X U X U 1 Such as supermarkets, warehouse stores, discount stores, stores selling apparel, furniture, appliances, hardware, building materials (except lumber yards), and similar stores selling merchandise to the general public.
Convenience stores2 open less than 18
hours/day
U P X X X P
Convenience stores2 open 18 or more
hours/day
U U X X X U
2 Defined as retail stores under 10,000 sq/ft selling primarily food, beer, wine, and beverage items for off-site consumption, but not distilled spirits.
Convenience/Liquor stores3 — with no
consumption of alcohol on the premises
U U X X X U
3 Defined as retail stores selling primarily beer, wine, distilled spirits, and other beverages, plus some food items, all for off-site consumption only.
Tobacco and nicotine product retailers X U X X X X
Plant nurseries and garden supply stores,
subject to § 9-1-45.11 (Permanent Outdoor
Display and Storage)
X P X X X P
Showroom - catalog stores, without
substantial onsite inventory
P P X P X P
Outdoor vending stands (such as flower
stands, hotdog stands, etc.) as a principal use,
subject to § 9-1-45.10 (Outdoor Vendors)
U U U X X MU
GENERAL SERVICES
Barber shops, beauty, nail and tanning salons
and similar uses
MU MU MU MU X MU
Miscellaneous services such as travel services,
photo developing, rental stores, shoe repair,
appliance repair, and similar uses
P P P P X P
Laundromats and dry cleaners — except
central cleaning plants
P P P P X P
Printing, blueprinting and copy services MU P P P X P Pet grooming — without overnight boarding MU MU X MU X MU Telecommuting centers MU MU MU MU X MU
Tutorial services and learning centers MU MU MU MU X MU
OFFICE USES AND HEALTH SERVICES
Banks P P P P X P
General and professional offices P P P P X P
Employment agencies P P P P X P
Medical and other practitioner offices4 ,
clinics, and surgicenters under 5000 sq/ft
aggregate floor area in one building
P P P U X P
Medical and other practitioner offices4 clinics,
and surgicenters 5,000 sq/ft or more
aggregate floor area in one building
U MU MU U X MU
4 Offices for physicians, dentists, optometrists, chiropractors, physical therapists, and similar professionals.
Hospitals and convalescent hospitals X U U X U X
Veterinary clinics/animal hospitals, without
pet boarding
MU MU MU MU X MU
Veterinary clinics/animal hospitals, with pet
boarding (indoor only)
X U U U X U
DINING, DRINKING, AND ENTERTAINMENT
USES
Restaurants without the sale of alcohol* P P P P X P Restaurants or Retail Food with the sale of
alcohol
MU MU MU MU X MU
Restaurants, Drive-thru U U U X X X
Retail Food* P P P P X P
Bars, taverns, and cocktail lounges U U U U X U
Dancing or live entertainment as a principal
use
X U X U X U
Dancing or live entertainment as an accessory
use
MU MU MU MU X MU
Theaters, live or motion picture X U X X X U
* Operations outside the hours of 5:00 am to 10:00 pm shall require a minor use permit to ensure there are no adverse negative impacts to the surrounding area.
RECREATION USES
Bowling alleys and pool or billiard halls as a
principal use
X U X X X U
Pool or billiard tables as an accessory use
(three tables or less)
A A A A A A
Game machine arcades as a principal use X U X X X U Game machines as an accessory use (three
machines or less)
A A A A A A
Game machines as an accessory use (four
machines or more)
MU MU X X X MU
Tennis clubs, golf courses, and similar
recreational uses with both indoor and
outdoor facilities, lighted or unlighted (see
also PR regulations, Subarticle 5)
X U X X X U
Outdoor commercial recreation centers and
uses, including such facilities as miniature
golf, go-karts, batting cages, kiddie rides, rock
climbing, and similar attractions, lighted or
unlighted
X U X X X U
Outdoor commercial roller hockey,
skateboard, and "stunt" bike facilities, lighted
or unlighted
X U X X X U
Indoor commercial recreation centers and
uses, roller hockey, and other facilities; with
same types of facilities as "Outdoor" above
X U X U X U
Health clubs, martial arts studios, and dance
studios, under 5000 sq/ft floor area
MU MU MU MU A MU
Health clubs, martial arts studios, and dance
studios, over 5000 sq/ft floor area
U U U U X U
Private swim schools X X U U U U
Libraries and museums U P P U P P
Public parks, playfields, and open space;
lighted or unlighted
P P P P P P
Bicycle, equestrian and hiking trails P P P P P P Indoor pistol or rifle ranges X X X U X X
ASSEMBLY USES
Lodges, union halls, social clubs, and senior
citizen centers
U U X U P U
Churches, temples, and other places of
worship
U U X U P U
Mortuaries and funeral homes X U X U X U
PUBLIC AND SEMI-PUBLIC USES
Fire stations P P P P P P
Government offices and police stations P P P P P P Public utility facilities P P P P P P
Public flood control facilities and devices P P P P P P Colleges and universities, including primary
and satellite campuses and classrooms
X U U U U U
Vocational schools (e.g., barber, beauty and
similar)
X U U U U U
Private elementary, intermediate, and high
schools
U U X U U U
Train, bus, and taxi stations X U U U U U
Helicopter pads X X U U U X
Public schools X X X X P X
Public or private kennels and animal shelters
(with indoor or outdoor pet boarding)
X X X U U X
RESIDENTIAL, LODGING, AND CHILD CARE
USES
Child day care facilities, centers, and
preschools as a principal use, subject to § 9-1-
45.24 U U U U U U
Managed care facilities. Property must be in
the MC overlay district per § 9-1-54.2
U U X X U U
Boarding houses, small (2 or fewer
tenants/rented rooms)
X X X X X X
Boarding houses, large (3 or more tenants or
rented rooms)
X X X X U X
Group Home Permitted in accordance with Section 9-1-38 Referral Facilities X X X X U X
Single room occupancy (SRO) hotels, subject
to § 9-45.25
X X X X U X
Emergency shelters, subject to Section 9-1-
45.27 P P P P P P
Transitional and supportive housing Permi tted in accordance with Section 9-1-35.28 Low barrier navigation centers Permitted in accordance with Section 9-1-45.28 Hotels and motels X U U U X U
Caretaker residences MU MU MU MU MU MU
Multifamily dwellings, additive X X X X X U
AUTOMOTIVE USES
(subject to § 9-1-45.11, Permanent Outdoor
Display and Storage)
Gas and service stations X U X U X X
Car washes X U X U X X
Auto body repair and painting; major engine
and transmission repair
X X X X X X
Auto repair specialty shops as a principal use:
Providing minor auto maintenance: Tire
sales/service, muffler, brake, lube, and tune-
up services — not including major engine or
drivetrain repair
X X X X X X
Auto repair specialty shops same as above,
but as an accessory use, subordinate to a
principal use such as a discount store,
warehouse store, or other permitted principal
use.
X A X X X X
Auto and motorcycle sales and rentals, new X U X U X X Auto and motorcycle sales and rentals, used X X X U X X Truck, recreation vehicle, and boat sales X X X U X X Truck and/or equipment rentals X X X X X X
Auto parts stores X P X X X P
Auto or truck storage yards, not including
dismantling
X X X X X X
Parking lots/garages as a principal use, subject
to Subarticle 6 (Parking)
X U U U U U
WAREHOUSING AND HEAVY COMMERCIAL
USES
(subject to § 9-1-45.11, Permanent Outdoor
Display and Storage)
Wholesaling/distribution centers, with no
sales to consumers
X X X P X X
General warehouses, with no sales to
consumers
X X X P X X
Mini-storage warehouses X X X X X X
Lumber yards, outdoor (see retail stores for
indoor lumber sales)
X X X X X X
Pest control services X X X MU X X
Plumbing repair shops X X X MU X X
Contractor, public utility, and similar
equipment/storage yards
X X X U U X
Central cleaning or laundry plants X U X U X X
Communication or relay facilities and/or
antennas as a principal use, subject to § 9-1-
45.6. Such facilities shall be considered a
principal use if not associated with and
incidental to another principal use on the
premises.
U U U U U U
INDUSTRIAL AND RESEARCH USES
Manufacture and assembly of components or
finished products from materials such as
cloth, fiber, fur, glass, leather, stone, paper
(except milling), plastics, metal, and wood,
includes commercial kitchens.
X X X P X X
Research and development X U U P X U
Recording studios X P P P X P
Bottling plants X X X X X X
Welding, machine, and metal plating shops X X X X X X Sign painting, except sandblasting X X X P X X
Sign manufacturing, including sandblasting X X X MU X X Recycling centers as a principal use, collection
and sorting only, subject to § 9-1-45.19
X X X U X X
Offsite hazardous waste facilities, subject to §
9-1-45.22.
X X X U X X
ACCESSORY USES AND STRUCTURES
Outdoor display and sale of merchandise,
subject to § 9-1-45.11
MU MU X X X MU
Outdoor vending stands (such as flower
stands, hotdog stands, etc.) as an accessory
use
MU MU MU MU MU MU
Game machines as an accessory use See Recreation Uses
Swimming pools as an accessory use X MU MU MU MU MU Dancing or live entertainment as an accessory
use
See Dining, Drinking and Entertainment Uses
Parking lots and facilities as an accessory use A A A A A A Signs, subject to Subarticle 7 A A A A A A
Fences and walls, subject to § 9-1-45.2 A A A A A A Antennas and satellite dishes, subject to § 9-
1-45.6
A A A A A A
Outdoor vending machines subject to § 9-1-
45.18 MU MU MU MU MU MU
Recycling dropoff bins, subject to § 9-1-45.19 MU MU MU A A MU Incidental products or services for employees
or businesses, such as child day care,
cafeterias, and business support uses
A A A A A A
Other accessory uses and structures which are
customarily associated with and subordinate
to the principal use on the premises and are
consistent with the purpose and intent of the
zoning district.
A A A A A A
TEMPORARY USES
Christmas tree sales, subject to § 9-1-45.7 T T X T T T Halloween pumpkin sales, subject to § 9-1-
45.8 T T X T T T
Produce Stand, subject to § 9-1-45.9 T T X T X T
Sidewalk sales and center-wide events,
subject to § 9-1-45.12
T T T T X T
Special outdoor events, subject to § 9-1-45.13 T T T T T T
Construction trailers and guard offices,
subject to § 9-1-45.16
T T T T T T
Use of relocatable building, subject to § 9-1-
45.17 T T T T T T
OTHER USES
Fortune telling and palmistry X X X X X X
Marijuana activities, including dispensing,
cultivation, and delivery
X X X X X X
Any use prohibited by Federal and/or State
law
X X X X X X
Adult-oriented businesses See Subartic le 5 (Special Purpose Regulations) Other principal, accessory or temporary uses
not listed above.
Director or Planning Commission to determine whether use is permitted in accordance with § 9-1-23.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2011-163, § 3, passed 5-3-11; Ord. 2016-184, § 2, passed 10-4-16; Ord. 2018-194, § 2, passed 6-5-18; Ord. 2019-197, § 3, passed 6-4-19; Ord. 2021-210, § 31, passed 8-3-21; Ord. 2022- 216, § 2, passed 7-19-22; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) § 9-1-43 Nonresidential development standards.
All references to this § 9-1-43 shall include§§ 9-1-43.1 through 9-1-43.4. These sections set forth standards for the development of property within nonresidential districts, such as minimum setbacks, maximum structure heights, and minimum lot sizes.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 32, passed 8-3-21) § 9-1-43.1 Table of development standards.
Table 4.2, below and figures 4.1 and 4.2 in§ 9-1-44 set forth standards for development of property within nonresidential districts (See § 9-1-33.7 for setbacks for irregular-shaped lots.) TABLE 4.2: NONRESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD CN CC CO BP PI
DISTRICT Neighborhood
Comrcl.
Community
Comrcl.
Office
Comrcl.
Business
Park
Public
Institu-
tional
Max. structure height (ft.) 35 35 65* 45* 35
Min. lot size (sq. ft.) No minimum
Min. perimeter
setbacks (from
abutting
property line in
ft.)
From street right-of-way 20 20 20 20 20
From residential districts
and PI, PR, & OS districts
20 20 20 20 15/20 **
From abutting commercial,
office and industrial projects
0 0 0 10 0
From interior property lines
within same project
0 0 0 0 0
Landscaping and Open Area See Section 9-1-45.3
Screening See Section 9-1-45.4
Signs and Parking See Subchapter 2, Articles 6 and 7
Created: 2025‐07‐24 16:43:18 [EST]
(Supp. No. 30)
Fences and Walls See Section 9-1-45.2
* All minimum perimeter setbacks shall be increased one foot for every foot in height above 35 ft. (except for setbacks from interior property lines).
** Mixed-Use Town Center perimeter setbacks to residential districts and PI, PR, & OS districts shall be a minimum of 15' at any point and a minimum average of 20'.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2022-216, § 4, passed 7-19-22) § 9-1-43.2 Roof and wall projections.
(A) Architectural projections. The following architectural projections are permitted to encroach into the required setbacks specified in table 4.2 in § 9-1-43.1: Roof overhangs, chimneys, awnings and canopies may encroach a maximum of two feet into any required setback provided such projections do not extend over the property line. Seating windows, balconies, exterior stairways, and similar features shall not encroach into required setbacks.
(B) Roof projections.
(1) Notwithstanding § 9-1-43.3 following, architectural features not containing usable space, such as chimneys, towers, gables, and spires, are permitted to extend ten feet above the maximum structure height set forth in Table 4.2 in § 9-1-43.1, if approved as part of a site development permit. (2) Satellite dish or other antennas shall not extend above the maximum structure height specified in table
4.2 in § 9-1-43.1.(see § 9-1-45.6 for other antenna regulations) (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-43.3 Measurement of building height.
(A) (1) Unless specifically stated otherwise, for purposes of this code the maximum height of buildings and other structures shall be defined as the vertical distance from the ground to an imaginary plane above and parallel to the ground.
(2) This imaginary plane shall be located at a vertical distance equal to the maximum height for the district measured from ground level, and the building shall not penetrate that plane. (B) "Ground level" shall be defined by the director as that of the following alternatives which results in the imaginary plane being located at the lowest elevation above sea level:
(1) The finish grades at the exterior walls of an existing or proposed building; and (2) The existing grades on the site.
(C) The preceding definition of maximum building height is illustrated below:
FIGURE 4.1
I
Created: 2025‐07‐24 16:43:18 [EST]
(Supp. No. 30)
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 33, passed 8-3-21) § 9-1-43.4 Irregular lots.
(A) The setback distances specified in § 9-1-43.1 are based on rectangular lots. (B) Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement of setbacks in order for the purpose of setback requirements, i.e. the separation of structures from streets and other properties, to be achieved. (C) Rules for measurement of nonstandard lots in nonresidential districts shall be the same as those for residential districts as set forth in § 9-1-33.7.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-44 Illustration of development standards.
FIGURE 4.2
DEVELOPMENT STANDARDS: CN AND CC DISTRICTS
MAXIMUM BUILDING HEIGHT
Structure May not
Penetrate Imaginary Plane
T
Max.
FIGURE 4.3
DEVELOPMENT STANDARDS: CO, BP, AND PI DISTRICTS
Min. 20' Building
back from Set
Resid
and
ential, Pl, PR,
OS Districts
CN AND CC DISTRICTS
Min. 20' Building Setback
from Right-of-Wa y
. Project Boundary
Min. 1 0' Landscape Setback Along
Arterial Highways, with 15' Min. Average
(For Scenic Corridors, Min. 25' Setback from Curb)
~
.!!l l
.g §~ -~ :
.'l .:: -~ d: I ..5 ~ (l)ni
6 "'E ·-=
.::iiln :
..:.:::§O-g l 0 Cl -
i ~ .& "O
Q)8_:gai l
':' e ~ g,
...._
0 a. Bl
Adjacent to Non-Art erial Streets, Land Zoned Residential or Pl, PR, & OS: Min. 5' Landscape Setback, with 10' Min. Average MERIOR ~v,v- G REQUIRED AU. DISTRICTS~ A PERCENT
to landscape setbacks): OF ET PROJECT AAEA (tl ad
'MTHIN PARKJ G AP.E.)S-. 2.5%
Building
ack from
Min. 20'
Setb
Residentia
and OS
I, Pl, PR,
Districts
CO, BP, AND Pl DISTRICTS
Min. 20' Building Setback
from Right-of-Way P • B d roJect oun ary
Min. 10' La hdscape Setback Along Arterial Highways, with 15' Min. Average -
(For Scenic Corridors, Min. 25' Setback from Curb)
.!!!I
~§ a!, g,_ ~"ei
~~-iea.l E] ~~
,g ~fgi ,
l.><:::,O] '
jtij l
t-,d:o~~~
BJ
I
I ._
Adjacent to Non-Ar1erlal Streets, Land Zoned Residential or I Pl, PR, &OS : Min. S' land scape Setback , with 10' Min. Average *Except, Pl District Uses Shall
be Set Back Min. 10' from
Abutting Commercial, Office,
and Industrial Projects
MERJOR LANOSCAP1NG REQUIRED IN AU. DISTRICTS~ A PERCENT OF ET PROJECT AAEA ~ adddon to landscape setbaclcs):
Yt1l1i P. G AA~: 2.5%
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 34, passed 8-3-21) § 9-1-45 Supplemental nonresidential regulations.
All references to this § 9-1-45 shall include §§ 9-1-45.1 through 9-1-45.26. These sections set forth requirements for specialized aspects of land use in nonresidential districts such as fences and walls, sidewalk sales, service stations, etc. These requirements are in addition to the other regulations set forth in this article. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.1 Parking and signs.
Refer to Subchapter 2, article 6 for parking regulations and subchapter 2, article 7 for sign regulations. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.2 Fences and walls.
Fence regulations for nonresidential districts shall be the same as those for residential districts as set forth in § 9-1-35.2.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.3 Landscaping and open area.
(A) Landscape plans. A landscape plan shall be prepared, approved, and implemented for all development projects. Landscaping shall consist of trees, shrubs, vines, groundcover, or a combination thereof. (B) Design guidelines. This section contains basic landscaping requirements. In addition, subchapter 2, article 9 contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items. (C) Landscaping standards. Landscaping shall be installed and maintained in accordance with the following standards.
(1) Height of landscaping along all streets an d boundaries shall comply with § 9-1-45.2. (2) Boundary landscaping abutting arterial highways shall be provided to a minimum average depth of 15 feet with a minimum depth of 10 feet, measured from the street right-of-way. However, along arterial highways designated as Scenic Highways in the General Plan (i.e., Crown Valley Parkway, Alicia Parkway, La Paz Road, Moulton Parkway, Street of the Golden Lantern, Pacific Island Drive, Camino del Avion, and Niguel Road south of Crown Valley Parkway) plus Niguel Road north of Crown Valley Parkway, landscaping shall be provided to a minimum depth of 25 feet, measured from the curb.
FIGURE 4.4
(3) Boundary landscaping abutting public streets other than arterial highways and abutting land zoned for residential use or PR, PI, or OS shall be provided to a minimum average depth of ten feet with a minimum depth of five feet, measured from the street right-of-way. (4) Interior landscaping shall be provided over at least 5% of the buildable project area (i.e., area of parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area). At least half that amount (minimum of 2.5%) shall be located in parking areas. The remainder shall be located in other interior portions of the project such as next to buildings. Boundary landscaping shall not be credited toward the interior landscaping requirement.
FIGURE 4.5
BOUNDARY LANDSCAPING REQUIREMENTS
Arterial
Highway
Boundary Landscaping
Arterials: Min. Depth = 1 O'; Min. Avg.
Depth= 15'
Scenic Highways: Min. Depth
from Curb = 25'
Boundary Landscaping
Abutting Non Arterial
Public Streets Shall be
OJ
Public Street
(5) All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb at least six inches higher than the parking or vehicular area to prevent damage to the landscaped area. (6) Permanent automatic irrigation fa cilities shall be provided for all landscaped areas. All irrigation systems shall be maintained in proper operating condition. Waterline breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately. (7) All landscaping shall be maintained in an orderl y, attractive, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when necessary, and regular application of appropriate quantities of water to all landscaped areas. (8) Modification to an approved la ndscape plan, or any significant modification to existing landscaped areas, removal, or substantial thinning of landscaping, shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the community development director.
(D) Mixed-use town center zoning district additional requirements. (1) Mixed-use town center landscape requirements. Mixed-use town center development projects shall contain an additional 10% of landscaping for the entire buildable project area. For purposes of this section, "buildable project area" means the horizontal area within the boundaries of a development project, less slope areas with a ratio of 2:1 or steeper and less minimum boundary landscape requirements.
(2) Active and/or passive recreation area requirements. (a) Active recreation and/or passive leisure space shall be provided for each mixed-use project containing residential uses. The required minimum amount of qualifying space for a mixed-use project is 300 square feet per residential unit.
(b) The usable open space may be common space accessible to more than one dwelling unit or may be private space for the exclusive use of individual units, subject to the following.
INTERIOR LANDSCAPING REQUIREMENTS
Public
Street
Public Street
Interior Landscaping Shall be a
Min. of 5% of the Net Project Area
Interior Landscaping of at
Least 2.5% of the Net Project
Area Shall be Located in the
CUOO
• • ':'-- Boundary
• • Landscaping
1. Private outdoor living area. Private usable open space at ground level (e.g., fenced yards, patios) or above ground level (e.g., balconies) shall have a minimum area of 50 square feet and shall have no dimension less than five feet. Private open space must be directly accessible from the individual dwelling.
2. Common active and/or passive recreation area. Common active and/or passive recreation areas for residents located on the ground level shall be no less than 15 feet wide and 300 square feet in area, with slopes no greater than 5%. Common upper-story decks shall be no less than ten by ten feet in dimension. Roof decks shall be no less than 15 by 15 feet in dimension. No more than 20% of the total area required for active and/or passive recreation area may be provided on a roof.
3. Recreation facilities. Facilities may include swimming pools, spas, and related facilities; clubhouses; tot lots with play equipment; court game facilities such as tennis, basketball, or racquetball; improved softball or other playfields; fitness/gym facilities; or similar facilities for active recreational use.
4. Outdoor passive leisure space. In order for outdoor passive leisure space to qualify toward the minimum square footage requirement, these outdoor common areas must include resident amenities, such as shaded seating areas or dining courtyards, gathering space with outdoor barbeques, firepits and/or fireplaces, or other similar improvements to enhance the outdoor environment of the development.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 35, passed 8-3-21; Ord. 2022-216, § 3, passed 7-19-22) § 9-1-45.4 Screening.
(A) Screening required. Screening shall be provided for all nonresidential uses in accordance with this section.
The decision making authority may also require screening beyond that required in this section as a condition of approval for a development project if it determines that such measures are necessary to mitigate adverse visual impacts created by the project.
(B) Definitions. For purposes of this section, "fence" or "wall" means any type of fence, wall, retaining wall, sound attenuation wall, screen, windscreen, hedge or thick growth of shrubs or trees, other than a building wall. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures or vegetation. "Hedge" or "thick growth of shrubs or trees" means vegetation at least 42 inches high which creates a screen blocking at least 50 percent of the view through the vegetation measured over a horizontal distance of five feet or greater. (C) Screening of property. Screening of property shall be installed in accordance with the following standards. (1) Height standards. All fence and wall screening shall comply with the height standards of § 9-1-45.2. (2) Abutting residential and open space areas. Screening shall be installed along all building site boundaries where the premises abut areas zoned for residential or open space uses. Such screening shall be sufficient to provide adequate visual buffering as determined by the director. (3) Parking along public streets. Screening shall be installed to shield views of parking areas from public streets. Screening walls or fences may include open portions (tubular steel, wrought iron, etc.) if the decision-making authority determines that the desired screening of parking and circulation areas is still achieved. Screening shall be at least three feet in height at all points but shall be no more than 3.5 feet in height where required for sight distance safety at entries and intersections.
FIGURE 4.6
(4) Allowance for grade differential. In order to take into account the effect of grade differentials on visibility, the city decision-making authority may require increased or decreased screening than that set forth in this section if the finished elevation of the adjacent property within five feet of the site boundary is different from that of the building site.
FIGURE 4.7
(5) Wall articulation. Long straight stretches of wall or fence shall be avoided because of the resulting monotonous appearance and lack of visual interest. Walls and fences shall be varied by the use of such design features as offsets (i.e., jogs), open panels (e.g., containing wrought iron) at selected locations, periodic variations in materials, texture, or colors, and similar measures. (6) Wall planting. Shrubs and/or vines shall be planted on one or both sides of perimeter walls to add visual softening except where determined infeasible or unnecessary by the decision-making authority.
Plant spacing shall be appropriate to the growth habits of the selected plant species and shall be
SCREENING OF PARKING
AREA USING BERM
Use Berming to Help Shield Views
of Parking Areas from Public Streets
Fencing May be Added if Necessary
SCREENING OF PARKING
AREA USING WALL
Large Shrub Massing Shou ld
be Planted at the Top of Slopes
to Block Views
Fencing if Necessary"'-,.\
Area to be Screened
designed to provide interest and variety along the wall rather than creating a complete covering of the entire wall surface. Where the decision-making authority determines that screening is not required, walls may incorporate tubular steel, wrought iron, or other open design. (7) Screening materials. Screening shall consist of one or a combination of the following types. (a) Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of six inches thick. Walls shall utilize durable materials, finishes, and colors consistent with project buildings.
(b) Solid fences. A solid fence shall be constructed of wood or other materials with a minimum nominal thickness of two inches and shall form an opaque screen. Fences shall be painted or otherwise weather-treated with colors consistent with project buildings. (c) Open fences. An open weave or mesh-type fence shall be combined with plant materials to form an opaque screen.
(d) Plant screens. Plant materials, when used as a screen, shall consist of compact evergreen plants.
Such planting shall be of a kind or used in such a manner so as to provide screening with a minimum thickness of two feet within 18 months after initial installation. Permanent automatic irrigation shall be provided. If, 18 months after installation, plant materials have not formed an opaque screen or if an opaque screen is not maintained, a wall, solid fence, berms, or other landscaping shall be installed.
(e) Berms. A berm shall not be more than 20 feet in width at the base. It shall be constructed of earthen materials, and it shall be landscaped.
(8) Signs. No signs or sign supports except those specifically allowed in Subchapter 2, article 7 shall be permitted on any required screening.
(D) Screening of facilities and equipment. Facilities and equipment shall be screened as follows. (1) Storage areas. All storage, including cartons, containers, materials, or equipment shall be screened from public view as required by § 9-1-45.11.
(2) Trash areas. All outdoor trash and waste bins shall be enclosed by a solid wall not less than six feet in height in accordance with § 9-1-92.2. Decorative overhead structures such as trellises shall be integrated into the enclosure design if the trash area is visible from higher terrain. (3) Loading areas. Loading platforms and areas shall be screened from view from adjacent streets and residential, open space and recreation areas.
(4) Mechanical equipment. Roof-mounted mechanical equipment such as air conditioning, heating or ventilating units or ducting shall be screened from a horizontal line of sight. Also, if the building roof is visible from surrounding hillside areas, all roof equipment shall be screened from above. Such screening shall be an integral part of the roof design and not appear as an afterthought. For flat roofs, a screened enclosure behind the parapet wall may be used if it is made to appear as an integral part of the building.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 36, passed 8-3-21) § 9-1-45.5 Detached accessory structures.
(A) Permitted accessory structures. Detached accessory structures are permitted on nonresidential parcels containing a principal use subject to the requirements of this section. (B) Height and placement. Except as specified in division (C) below, detached accessory structures shall not exceed 15 feet in height and shall not be placed or constructed in the following locations:
(1) Within a required setback;
(2) Accessory structures shall be located on the rear 50% of the building site, except that minor unenclosed accessory structures, such as arbors, trellises, porte-cocheres, gazebos, and similar minor structures may be located on the front 50% of the building site. The distance between the front and rear property lines shall be the basis for determining the rear 50% of the property; (3) Where fences and walls are limited to a maximum height of 3½ feet as specified in § 9-1-45.2; and (4) Within the panhandle portion of a panhandle building site. (C) Setback reductions. The perimeter setback from abutting commercial, office or industrial property for a detached accessory structure may be reduced to five feet if the structure is screened from both street and public parking area views subject to the following requirements:
(1) Height. The height limit for buildings which are less than ten feet from the property line shall be ten feet.
(2) Screening. The accessory structure shall be screened from adjacent properties so that there is adequate visual buffering as determined by the director. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.6 Satellite dish and other antennas.
(A) Permits required. The following permit requirements apply to antennas in nonresidential districts. (1) All antennas require issuan ce of a building permit. (2) Any antenna which is the principal use on a lot sh all comply with the district setback standards for main buildings and shall require a use permit.
(3) Any ground-mounted antenna which does not ex ceed eight feet in height, meets the setback requirements for a main building and the screening and color requirements of division (B) below may be permitted as an accessory structure without a use permit. All other antennas require approval of a use permit.
(B) Development standards. Antennas within nonresidential districts may be ground-mounted or building- mounted provided the following requirements are met.
(1) A ground-mounted antenna which is an accessory use shall be located within the rear yard or may be located within a side yard if not within the required side yard setback. Ground-mounted antennas are prohibited from exterior (street) side yards unless not visible from the street. (2) Antennas, including roof-mounted antennas, sha ll not exceed the building height standards for the district in which they are located.
(3) All antennas shall be screened from both horizont al and vertical line of sight. Decorative overhead structures such as trellises may be required if the antenna is visible from surrounding higher terrain. (4) Antennas shall be a single color that blends with the immediate surroundings (e.g., off-white, dark green, brown, gray, or black).
FIGURE 4.8
FIGURE 4.9
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 37, passed 8-3-21) § 9-1-45.7 Christmas tree sales.
A temporary Christmas tree sales facility may be permitted subject to the approval of a temporary use permit and the following requirements.
PERMITTED ANTENNA LOCATIONS:
TOP VIEW
Antenna Shall be Located in
Rear Yard, or May be Located
in Sideyard if not within
Required Sideyard Setback
Rear Yard
Building
Required Side
Yard Setback
REQUIRED ANTENNA SCREENING
, Antenna Screened from above
' , if Visible from Higher Terrain
' ''-l
Horizontal Horizontal
ii;.w_ 8-:r::e~~ ➔ f ~i:.w _s,:r:.e~e~
(A) The facility shall not be opened for business prior to the day after Thanksgiving in any calendar year, and no structure shall be installed on the site more than ten days before such opening for business. (B) Such a facility shall not engage in the sale of any merchandise not directly associated with Christmas trees and Christmas decorations.
(C) The applicant shall secure an electrical permit if the facility is to be energized. (D) The facility shall be removed and the premises sha ll be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the January 8 following the applicable Christmas holiday. A cash bond or other guarantee may be required to be posted prior to establishment of the facility to ensure cleanup.
(E) Each facility shall comply with fi re prevention standards as approved and enforced by the fire chief. (F) Off-street parking and vehicula r access shall be provided to the satisfaction of the director. (G) Signs shall be restricted to one banner sign per st reet frontage, each sign not exceeding 32 square feet.
Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 38, passed 8-3-21) § 9-1-45.8 Halloween pumpkin sales.
A temporary Halloween pumpkin sales facility may be permitted subject to the approval of a temporary use permit and the following requirements.
(A) The facility shall not be opened for business prior to October 1 in any calendar year, and no structure shall be installed on the site more than ten days before such opening for business. (B) Such a facility shall not engage in the sale of any merchandise not directly associated with pumpkins and Halloween decorations.
(C) The applicant shall secure an electrical permit if the facility is to be energized. (D) The facility shall be removed and the premises sha ll be cleared of all debris and restored to the condition existing prior to the establishment of the facility by the November 14 following the applicable Halloween holiday. A cash bond or other guarantee may be required to be posted prior to establishment of the facility to ensure cleanup.
(E) Each facility shall comply with fi re prevention standards as approved and enforced by the fire chief. (F) Off-street parking and vehicula r access shall be provided to the satisfaction of the director. (G) Signs shall be restricted to one banner sign per st reet frontage, each sign not exceeding 32 square feet.
Other signs and advertising devices such as pennants, flags, A-frame signs, are prohibited. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 39, passed 8-3-21) § 9-1-45.9 Produce stands.
A temporary fresh produce sales facility may be permitted during the harvest season subject to the approval of a temporary use permit and the following requirements. (A) A fresh produce sales facility shall be open for business only during the season when locally grown produce is harvested and available for sale. The temporary use permit for a fresh produce stand shall include permitted dates of operation, up to a maximum of 90 days. (B) Such a facility may not sell items not dire ctly associated with fresh produce.
(C) The applicant shall secure an electrical permit if the facility is to be energized. (D) The facility shall be removed and the premises cleare d of all debris and restored to the condition prior to the establishment of the facility by the date indicated on the temporary use permit. A cash bond or other guarantee shall be posted prior to establishment of the facility to ensure cleanup. (E) Each facility shall comply with fi re prevention standards as approved and enforced by the fire chief. (F) Off-street parking and vehicula r access shall be provided to the satisfaction of the director. (G) Signs shall be restricted to one banner sign per st reet frontage, each sign not exceeding 32 square feet.
Other signs and advertising devices such as pennants, flags, A-frame signs, and light strings are prohibited.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.10 Outdoor vendors.
(A) Definition. Outdoor vendors include flower stands, hotdog stands, ice cream carts, and similar retail uses which utilize a movable or relocatable stand or cart for walk-up sales. The stand or cart must be of a size and design which does not interfere with pedestrian movement, vehicle parking or site circulation. This section applies to outdoor venders on private property only, for outdoor venders on public property, please refer to title 5, chapter 7.
(B) Use permit required.
(1) An outdoor vendor use may be established where permitted per § 9-1-42 upon approval of a use permit or minor use permit pursuant to § 9-1-114.
(2) All such uses shall comply with the following standards. (a) The location of the outdoor vendi ng use shall not interfere with access to adjacent buildings or with pedestrian circulation. No portion of the vending use shall be located in a parking lot, street, or other area intended for vehicular parking, access or circulation. (b) The outdoor vending site shall not exceed 150 square feet. The vending site includes all areas separated from pedestrian access and used for vending activities, including storage. (c) The operator/owner shall obtain other necessary licenses and permits required for such activities by city ordinances.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 40, passed 8-3-21) § 9-1-45.11 Permanent outdoor display and storage.
(A) Purpose. This section provides regulations for outdoor display and storage in nonresidential districts. (B) Where permitted. The display and/or storage of any items outside of an enclosed building is prohibited except where permitted in accordance with this section, § 9-1-42, § 9-1-45.10 and § 9-1-45.12, where permitted by a use permit, or where otherwise permitted by this code. (C) Incidental retail displays. Incidental outdoor displays associated with retail businesses may be permitted in the CN, and CC districts subject to the following requirements. (1) A minor use permit shall be approved per § 9-1-114 prior to the establishment of any outdoor display. (2) Displays shall focus primarily on decorative items which assist in the identification of a retail business to the public as opposed to the presentation of merchandise for sale. For example, a bookstore's
display of selected individual books on a small ornamental handcart might be approvable under this section, but a table of books for sale would not. (The latter type of display might instead be permitted under the temporary sidewalk sale provisions of § 9-1-45.12.) (3) (a) Signs associated with the outdoor display may be allowed in addition to the identification signs permitted in subchapter 2, article 7, but only if approved as part of the minor use permit. (b) Such signs shall:
1. Be integrated into the display;
2. Not exceed four feet in height or 12 square feet in aggregate area; and
3. Be illuminated only if specif ically approved as part of the minor use permit. Signs shall conform to the sign design criteria of § 9-1-71.4.
(4) Displays shall be small-scale and pedestrian-oriented; that is, a maximum of five feet in height and 20 square feet in area.
(5) Displays shall not impede pedestrian or handicap circulation or access and shall not be located in any parking area, driveway, or vehicular circulation area.
(6) Displays shall be attractive in appearance and we ll-maintained, using, for example, ornamental carts, pots, artwork, and similar decorative elements. Displays shall not include clothes racks, cardboard boxes, card tables, or large items such as furniture, mattresses, washers, dryers, refrigerators, or other large appliances.
(D) Nurseries and similar uses. Permanent outdoor sales areas in conjunction with retail uses such as nurseries and stores with garden supply and similar "outdoor" departments shall comply with the following requirements.
(1) Fencing. The outdoor sales and display area shall be enclosed by a permanent wall or fence at least four feet high. The color and materials used to fence the area shall be complementary to the color and materials used in buildings on-site. Chain link fencing is not permitted. (2) Building design. When the outdoor sales area is an extension of retail uses within an adjacent building, it shall be enclosed by a wall which is, by exterior appearance, an extension of the adjacent building.
The design of the building and outdoor area shall appear as a single structure. (E) Equipment, lumber and storage yards. Any uncovered equipment and/or materials storage area, including vehicle storage, shall comply with the following regulations. (1) Use permit. The establishment of any outdoor equipment or materials storage use shall require approval of a use permit pursuant to § 9-1-114.
(2) Location. An equipment, material or storage yard use shall only be located where a main building is permitted by the applicable district regulations.
(3) Screening.
(a) Outdoor storage yards shall be screened whenever they abut the boundary of the building site or are located between a building and an abutting street. The screening materials shall be not less than five feet high and shall be in compliance with § 9-1-45.2.
(b) Screening may consist of one or a combination of the following types.
1. Walls. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.
2. Solid fences. A solid fence shall be constructed of wood or other materials to form an opaque screen.
3. Open fences. An open-weave or mesh-type fence shall be combined with plant materials to form an opaque screen.
4. Planting. Plant materials, when used as a screen, shall consist of compact evergreen plants. They shall be of a kind, or used in such a manner, as to provide screening having a minimum thickness of two feet within 18 months after initial planting.
(F) Vehicle sales. The outdoor display and sales of vehicles shall be subject to the approval of a use permit in accordance with § 9-1-114. The use permit shall establish standards for each such facility. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.12 Sidewalk sales and center-wide events.
(A) Purpose. This section provides regulations for:
(1) Special outdoor center-wide even ts within commercial center; and (2) The temporary outdoor sale of mercha ndise by individual retail businesses. (B) Center-wide events.
(1) Special center-wide events include the temporary outdoor display and sale of merchandise, arts and crafts shows, fairs, entertainment, or similar events within a commercial center. (2) Commercial centers may conduct such events subject to the following requirements:
(a) Events may be held up to four times a year ov er a maximum of three consecutive days per event.
Centers may apply for approval for each event on an individual basis, approval of more than one event on a single application, or approval of an ongoing "special events program" specifying the dates, activities and signage for each event throughout the year. (b) Events shall be subject to approval of a temporar y use permit. Applications shall be submitted by the commercial center owner or manager.
(c) The application shall include pr ovision for removal of temporary facilities and cleanup and restoration of the activity site within 24 hours of the conclusion of the event, unless another time limit is specified in the temporary use permit. The city may require a cash bond or other guarantee to be posted to ensure cleanup within the specified time limit.
(d) The application shall be reviewed by the fire chief and the event shall comply with fire prevention standards and emergency access requirements as specified by the fire chief. (C) Sidewalk sales by individual businesses.
(1) Sidewalk or parking lot sales in clude the temporary outdoor display and sale, by a retail business, of merchandise which is normally displayed indoors at the same location as the outdoor sale. These sale events are separate from the permanent outdoor display of merchandise provided for in § 9-1-45.11. (2) In addition to the center-wide events provided for elsewhere in this section, individual businesses may conduct sidewalk or parking lot sales. Subject to prior written consent of the center management (if applicable) and approval of a temporary use permit, such sales may be conducted up to six times a year over a maximum of three consecutive days per sale. However, in no case shall the combined total of center-wide events plus individual sales for any business exceed six during any calendar year.
Businesses may apply for approval of more than one event on a single application or for each event on an individual basis.
(D) Signs. Temporary signs for special center-wide events and sidewalk/parking lot sales may be permitted as part of the temporary use permit as follows.
(1) Placement. Signs shall be building-mounted, unless otherwise approved by the director as part of the temporary use permit.
(2) Center-wide events. For center-wide events, non-illuminated special event signs advertising the special event are permitted with a total aggregate sign area of up to 30 square feet. Signs shall be displayed no longer than ten days per approved event.
(3) Individual sales. For sidewalk sales by individual businesses, non-illuminated special event signs advertising the sale are permitted with a total aggregate sign area of up to 12 square feet. Signs shall be displayed only on the three days allowed for each approved sale. (4) Sign copy. Special event signs shall relate only to the business being conducted on the premises where they are placed.
(E) General requirements. Sidewalk sales and special center-wide events are permitted only with approval of a temporary use permit and compliance with the following provisions. (1) The application for a temporary use permit for a sidewalk sale or a special center-wide event shall specify the location of the temporary uses and show provision for adequate parking, site circulation, and emergency access.
(2) Adequate pedestrian and vehicula r access shall be maintained around merchandise or displays placed on a sidewalk, walkway, or in parking areas.
(3) All signs and other materials plac ed in outdoor areas shall be removed within 24 hours after the close of business on the last day of the event, unless otherwise specified by the director in the temporary use permit. The temporary use permit shall specify the event's expiration date and the removal date of all associated materials.
(4) Flood, laser, or search lights are not permitted un less approved as part of the temporary use permit. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.13 Special outdoor events.
(A) Definition. Special outdoor events are events of a predominantly noncommercial nature including, but not limited to, pageants, fairs, carnivals, religious or entertainment events, and large community gatherings in temporary outdoor facilities.
(B) General requirements. Special outdoor events are permitted in all nonresidential districts provided the following requirements are met.
(1) Activities conducted on property owned by or leas ed to the city and on public road rights-of-way may require an encroachment permit issued by the public works director. (2) Events shall not to exceed ten consecutive days. Ev ents recurring more than four times in a calendar year are not considered temporary and shall not be eligible for a temporary use permit. (C) Temporary use permit for large events. A temporary use permit shall be required for special outdoor events of 200 people or more, including spectators and participants. (1) Applications for temporary use permits shall be referred by the community development department to other affected departments or public agencies for review and comment. Issues including, but not limited to, security, food and water supply, use of tents and canopies, sanitation facilities, medical services, noise, signage, fire protection and traffic control, shall be satisfactorily addressed by the applicant, as required by director, police chief, fire chief or health officer in their administration of other city regulations. Such other regulations may require the applicant to obtain permits such as building, electrical, health and tent permits.
(2) A cash bond or other guarantee for removal of the temporary use and cleanup and restoration of the activity site within seven days of the activity conclusion may be required as a condition of the temporary use permit.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.14 Outdoor lighting.
(A) Purpose. This section provides standards for outdoor lighting which allow adequate lighting for public safety while minimizing the adverse effects of excessive lighting on adjacent properties and the community. Any artificial lighting installed for any purpose shall be arranged to substantially confine all direct illumination to the subject property and away from streets and adjacent properties. (B) Outdoor recreation uses. Any lighted outdoor recreation use shall be subject to the provisions of § 9-1-35.14 for lighted recreational courts.
(C) Nonresidential uses.
(1) All properties zoned for nonresidential use shall be subject to the outdoor lighting standards of this section. The regulations apply to both security and purely decorative lighting. Outdoor lighting which complies with the following standards shall be permitted as an accessory use. Lighting plans shall include a photometric analysis demonstrating compliance with these lighting intensities and shielding standards. (2) Deviation from the following standards shall require approval of a minor adjustment. (a) Intensity. The proposed lighting plan shall represent a minimum level of illumination necessary to meet the aesthetic and security needs of the property. The lighting intensity within parking lots and adjacent areas shall be at least 1.0 footcandle (FC) at all points but shall not exceed an average of 3.0 FC over the entire parking lot, consistent with § 9-1-92.2.
(b) Height. Building-mounted lights shall be installed below the eave line; pole or fence mounted lights shall be located no more than 24 feet above finish grade. (c) Location. Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (fountains, patios, seating areas, etc.) and focal landscape areas close to the building entrance or activity area.
(d) Shielding. All light sources shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel, and shall be directed downward and away from adjoining properties and public rights-of-way. All light sources shall be designed, constructed, mounted, and maintained such that the maximum intensity of illumination, measured 20 feet beyond the project boundary does not exceed 0.2 footcandle more than ambient conditions.
FIGURE 4.10
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 41, passed 8-3-21) § 9-1-45.15 Caretaker residences.
Caretaker residences may be developed in any nonresidential district for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the approval of a minor use permit pursuant to § 9-1-114 and the following standards.
(A) The caretaker residence shall be located in a building which complies with all building setbacks established for the district in which it is located.
(B) The residence shall be no more th an 800 square feet in floor area. (C) The residence may be a portion of a building primarily devoted to nonresidential uses or may be a separate building. If it is a separate building, the location, design and materials of the residence shall be consistent and integral with the site plan and building design for the principal use. (D) Two off-street parking spaces shall be provided in addition to the parking required for the principal use(s).
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.16 Temporary construction and guard offices.
Construction offices, security quarters, storage yards, large containers, temporary fencing and similar structures on the site of an active construction project may be conditionally permitted with a temporary use permit, subject to the following regulations.
(A) Placement. The temporary structures shall not be moved onto the site nor otherwise established until issuance of a precise grading permit or, if there is no grading permit, issuance of the building permit.
SHIELDING OF OUTDOOR LIGHTING
Use Trees and Shrubs Along
Hard Surface Edges to Help
Eliminate Reflective Glare
I -----------.....
Use Pole Location and Fixtures with
Sharp Beam cutoffs to Help Eliminate
Light Spillage Off Property
(B) Removal. Any trailer or temporary building or structure shall be removed from the site prior to the issuance of a certificate of use and occupancy for the last new building on the site. If the associated project is for grading only, the office shall be removed within 30 days of expiration of the grading permit.
(C) Conversion. Any permanent structure or portion of a permanent structure devoted to temporary uses shall be converted to a permitted use prior to the issuance of a certificate of use and occupancy for the last new building on the site.
(D) Use of existing building during construction. The use of an existing lawfully established building may continue during construction or relocation of another building on the same building site upon approval of a temporary use permit and compliance with the following provisions:
(1) Prior to occupancy of a new bu ilding, the existing building shall be brought into conformity with any additional regulation rendered applicable by the placement of any new building on the site.
Conformity shall be accomplished by removal, reconstruction, relocation, conversion, change of use or any combination thereof.
(2) The director shall require the landowner to provide a guarantee, which may include a bond, to ensure full compliance with the zoning regulations upon completion of the new building or sooner if, in the director's opinion, work pertaining to the completion of all facilities required by law is not being diligently pursued.
(E) Utilities. The office shall be supplied with an electric meter and sewer and water facilities. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 42, passed 8-3-21) § 9-1-45.17 Relocatable buildings.
A relocatable building or trailer may be permitted to serve as any use permitted in the applicable zoning district subject to the approval of a temporary use permit application and the following additional provisions. (A) The temporary use permit applicat ion shall include the following:
(1) A description of the proposed uses and operatin g characteristics for all uses on the site, both temporary and permanent;
(2) A plot plan showing the location of all uses and structures, both temporary and permanent; and (3) Supplementary exhibits, as requi red by the director to adequately review the proposal, such as building elevations, landscaping, grading, access, and utility service. (B) A temporary use permit for a relocatable building or trailer may be conditionally approved and failure to comply with the required conditions shall be grounds for the revocation of the permit. (C) A cash bond for each relocatable building or tra iler shall be posted with the director to guarantee removal of each coach from the site upon expiration of the temporary use permit. (D) A temporary use permit for a relocatable building shall be approved for a maximum of two years from date of approval.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.18 Vending machines and recycling facilities.
(A) Vending machines and reverse vending machines.
(1) Vending machines for the dispensing of soft drinks, bottled water, candy, and other items, and reverse vending machines for the collection of non-hazardous household materials (e.g. cans, bottles, paper, etc.) for recycling purposes may be established as accessory uses to existing principal uses in any nonresidential district. If located outside of a building, a minor use permit, approved pursuant to § 9-1- 114, shall be required for all such machines in all districts. (2) All such outdoor facilities shall comply with the following standards:
(a) Machines shall be located adjacent to the main bu ilding on the site and shall not obstruct pedestrian or vehicular circulation.
(b) Machines shall not occupy any parking spaces required by the principal use. (c) Reverse vending machines shall be clearly signed to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call, if the machine is inoperative. Sign area shall be limited to four square feet per machine, located on the machine.
(d) Reverse vending machines shall be maintained on a daily basis and kept free of litter, odor, and other nuisances. A trash receptacle shall be located adjacent to the machine(s) for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the recycling facility at least once every week. (B) Drop-off bins.
(1) Drop-off bins for the collection of non-hazardous household materials (e.g. cans, bottles, paper, etc.) for recycling purposes may be established as an accessory use to an existing principal use in any nonresidential district. If located outside of a building, a minor use permit, approved pursuant to section 9-1-114, shall be required for drop-off bins in the CN, CC, and CO districts. (2) All such outdoor facilities shall comply with the following standards:
(a) The drop-off facility shall be no larger than 500 square feet, not including space that is periodically used to remove materials or replace containers. It shall comply with the building setbacks for the district and shall not occupy parking spaces required by the principal use. (b) The facility shall be screened from view from pub lic streets, primary parking areas, and property zoned for residential use.
(c) The facility shall not obstruct pedest rian, vehicular, and emergency access. (d) The containers (bins) shall be constructed and maintained with durable waterproof and rustproof materials, covered and secured from unauthorized entry or removal of materials when the facility is closed, and shall be large enough to accommodate the materials collected and the collection schedule.
Any deposit or storage of materials outside of the containers is prohibited. (e) The installation shall be mainta ined on a daily basis and kept free of litter, odor, and other nuisances. A trash receptacle shall be located adjacent to the drop-off facility for disposal of containers used to carry materials to the facility and materials unacceptable for recycling. Trash and recyclables shall be collected from the drop-off facility at least once a week. (f) Facilities within 100 feet of a property zoned or occupied by residential uses shall operate only between the hours of 9:00 a.m. and 7:00 p.m.
(g) Containers shall be clearly marked to identify the type of materials which may be deposited; the facility shall be clearly identified with the name and telephone number of the operator and hours of operation, and display a notice that no material shall be left outside the recycling enclosure or containers. Total signage shall not exceed 16 square feet and shall not be illuminated.
(C) Recycling collection centers.
(1) Recycling collection centers may be permitted in the BP district with approval of a use permit pursuant to § 9-1-114. Such facilities may accommodate non-hazardous recyclable materials collection and packaging for bulk transport only. Any activity involving hazardous materials or waste shall be subject to the provisions of section 9-1-45.22 (Hazardous waste and materials). No reprocessing or recycling of materials into new products shall be permitted.
(2) All such facilities shall comply with the following standards. (a) The collection center shall be screened from pub lic view via placement in an enclosed building or a screened outdoor yard on a site which complies with the screening standards of § 9-1-45.4. (b) The facility shall comply with the setback requirements of the base zoning district pursuant to § 9-1-43. (c) All exterior storage of materials shall be in stur dy containers and the facility shall be secured from unauthorized entry or removal of materials when the facility is closed. Any containers provided for after-hours drop-off shall comply with the standards for drop-off facilities set forth in paragraph (b) of this section.
(d) The facility shall be mainta ined free of odor, litter and other nuisances at all times. (e) If the facility accommodates public drop-off of mate rials, separate access routes and parking/unloading areas shall be provided for public drop-off and for commercial truck traffic. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.19 Trash and recyclable materials storage.
(A) Purpose. This section is intended to implement the provisions of California public resources code § 42900 et seq which requires local jurisdictions to provide regulations governing adequate areas for collection and loading of recyclable materials in multiple family residential and nonresidential development projects. This section also addresses the related subject of common trash areas in such projects. (B) Recycling containers required. In addition to standard trash receptacles, recyclable materials receptacles of sufficient volume to meet the needs of the project shall be provided by the following developments:
(1) Any new multiple family residential with five or more units and a common solid waste collection area; (2) Any new single-family residential area with a commo n solid waste collection area serving five or more units;
(3) Any new nonresidential project; and,
(4) Any existing multiple family proj ect of five or more units, or nonresidential project which expands by 30% or more in floor area.
(C) Recycling plan required. Each nonresidential development which is required to provide recycling containers under the provisions of this section shall submit a recycling plan to be processed in conjunction with the site development permit pursuant to § 9-1-114. The recycling plan shall include a description of the anticipated materials and volumes to be recycled and a description of the facilities to be provided for collecting general refuse and recyclable materials.
(D) Trash enclosure required.
(1) Attached and multifamily residential projects with common trash areas and nonresidential developments shall locate trash and recyclable materials containers within a solid covered and enclosed area. (2) Enclosures for trash and recycling containers shall comply with the following standards:
(a) Enclosure placement.
1. Separate receptacles shall be provided for all required trash and recyclable materials in all districts.
2. All enclosures shall be:
a. Located within 250 feet of all businesses or dwelling units served by the enclosure; b. Located substantially away from public view, pedestrian and vehicle circulation areas unless determined infeasible by the decision-making authority; and c. Directly available to collection vehicles via alleys or driveways to avoid the necessity of substantial hand carrying of containers or hand pushing of dumpsters.
FIGURE 4.11
(b) Enclosure design.
1. Enclosures shall be constructed on a concrete pad and be of an adequate size to accommodate the containers they enclose per disposal company standards.
2. Access to the containers for collection shall also meet disposal company requirements. Enclosure walls shall be at least six feet high and shall be made of strong durable materials consistent with the colors and finishes of nearby buildings.
3. Doors shall be self-latching, metal or metal-framed, and of heavy duty construction sufficient to withstand hard usage. Interior concrete or metal curbs shall be included to prevent damage to the enclosures walls from dumpsters or other containers.
4. Enclosures shall be visually softened by means of vine and/or shrub plantings.
5. Decorative overhead structures such as trellises shall be integrated into the design if the enclosure is visible from higher terrain.
(E) Weather protection. Each enclosure or individual container shall be designed and maintained so that deposited materials are contained during windy periods. Enclosures or containers designated for recyclable materials which could be damaged or be rendered unmarketable by rain or other environmental conditions shall provide adequate protection against such conditions. (F) Maintenance. Each enclosure shall be maintained to preserve its appearance and function and to minimize litter, odor and other nuisances. Trash and recyclables shall be collected regularly. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 43, passed 8-3-21)
TRASH ENCLOSURE DESIGN STANDARDS
6'-High Wall Consistent with
Color/Finish of Buildings
Self Latching Doors
-Metal or Metal-Framed
Overhead Trellis
_,,,,,.,- Use Shrubs and/or
~ Vines to Soften
Enclosure
§ 9-1-45.20 Noise control.
Noise shall be regulated in nonresidential districts by the city's noise control ordinance (Title 6, Chapter 6), which provides noise control standards for all districts in the city in order to prevent excessive sound levels which are detrimental to the public health, welfare and safety, or which are contrary to the public interest. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.21 Operational standards for nonresidential uses.
All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance.
(A) Equipment. All ground mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. (B) Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. (C) Electrical disturbance, heat and cold, glare.
(1) No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site.
(2) No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot.
(D) Fire and explosive hazard.
(1) All storage of and activities involving flammable and explosive materials shall be provided with adequate safety and fire fighting devices to the specifications of the uniformCalifornia fire code. (2) All incineration is prohibited.
(3) Smoke detectors shall be installed in all new construction as required by city code. (E) Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical x-ray diagnostic equipment. (F) Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located.
(G) Energy conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access when practical.
(H) Toxic materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials.
(I) Liquid or solid waste.
(1) No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the state department of health and/or specified by the sewage utility provider. (2) No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain.
(3) Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 44, passed 8-3-21) § 9-1-45.22 Hazardous waste and materials.
(A) Hazardous materials. In addition to the requirements for each zoning district, the following requirements apply to the land uses listed in division (B) below.
(1) Hazardous materials disclosure requirements. Prior to issuance of a certificate of occupancy for any land use listed in division (A)(2) below, the applicant shall comply with title 6, chapter 3, subchapter 4 in a manner approved by the fire chief.
(2) Hazardous waste management. Prior to issuance of a certificate of occupancy for any land use listed in this division (A)(2), the applicant shall provide plans or identify measures to comply with California health and safety code § 25100 et seq. and California administrative code title 22 in a manner approved by the health care agency and sewering agency. (3) Underground storage tanks. Prior to issuance of a certificate of occupancy for any land use which includes underground tanks to store any hazardous materials, the applicant shall provide plans or identify measures to comply with California health and safety code § 25280 et seq. and California administrative code title 23 in a manner approved by the health care agency. (B) Applicability. The requirements of division (A) above pertaining to hazardous materials shall apply to the following land uses:
(1) Automotive and vehicle maintenance, repair or painting; (2) Chemical and commercial cleaning product distribution or sales; (3) Cleaners, self-service laundries and vehicle washes; (4) Home improvement product, lumber and hardware sales; (5) Manufacturing;
(6) Medical facilities;
(7) Metal plating;
(8) Mining and extraction;
(9) Nurseries;
(10) Oil and gas explor ation and extraction;
(11) Paint and finishing product sales;
(12) Photo processing;
(13) Recreation facilities such as golf co urses, yacht clubs and amusement parks; (14) Recycling or resour ce recovery with potential for contact with hazardous materials; (15) Research, laboratory and testing facilities;
(16) Service stations;
(17) Transportation service facilities;
(18) Utilities;
(19) Waste disposal and treatment operations;
(20) Wrecking and salv age facilities; and
(21) Other generation of hazardous waste, including materials to be disposed of by sanitary sewer. (C) Offsite hazardous waste facilities.
(1) Requirements.
(a) Offsite hazardous waste facilities may be established in the BP district if a use permit is approved in accordance with § 9-1-114.
(b) Such facilities shall be subject to the requirements of this division (C). In addition, all such facilities shall comply with the siting standards and approval procedures established by the County hazardous waste management plan and shall be subject to the provisions of the California health and safety code § 25135 et seq.
(2) Definition. For the purposes of this section, th e term "offsite hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to:
(a) Incineration facilities (i.e. ro tary kiln, fluid bed, etc.); (b) Residual repository (i.e. receiving only resid uals from hazardous waste treatment facilities); (c) Stabilization/solidif ication facilities;
(d) Chemical oxidation facilities;
(e) Neutralization/precipit ation facilities; or
(f) Transfer/storage facilities.
(D) Authority to suspend operations approval of any haza rdous waste treatment, storage, disposal or transfer facility as a use consistent with the purpose and intent of any zoning district shall be subject to the requirement that continuing authority be vested in the fire department or health care agency to suspend operations for public safety reasons.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.23 Service station standards.
(A) Use permit required.
(1) All gas and service stations shall require approval of a use permit and comply with the use and design standards of this section.
(2) All uses to be placed on the service station site (e.g., mini-market, sale of alcoholic beverages, etc.) must be specifically included in the use permit approval.
(B) Signs. Service station signage shall be in accordance with subchapter 2, article 7. (C) Hazardous materials. All service stations shall comply with the requirements of § 9-1-45.22 pertaining to hazardous materials and underground storage tanks.
(D) Standards for service stations without repair facilities. (1) Permitted uses.
(a) Permitted uses include sale of petroleum products, including fuel and oil, related automotive accessories, and similar retail uses.
(b) The following are specifically prohibited: Sale of tires and batteries, and similar products for which necessary facilities for installation and disposal of used materials are not present; automobile or equipment repair, storage, or renting.
(c) All retail uses except petroleum dispensing shall occur within a building and all service uses shall occur in a specific location designated in the approved use permit. (2) Storage and display. All merchandise shall be stored and displayed within the service station building. (3) Screening.
(a) An opaque screen at least six feet in height shall be installed along all site boundaries which abut residentially zoned properties.
(b) Screening along all street boundaries shall be a minimum of 36 in. high, including any site elevation difference.
(c) Screening shall consist of a wall, retaining walls, an earthen berm with landscaping or any combination thereof.
(d) All screening shall comply with the height standards of § 9-1-45.2 pertaining to walls and fences.
FIGURE 4.12
(E) Standards for service stations with repair facilities. (1) Additional uses permitted. Permitted uses include those for service stations without repair facilities plus minor vehicle service and repair (e.g., tune-up, lubrication, battery and tire sales and service). The following uses are specifically prohibited: Major repair and rebuilding, transmission repair, auto body repair or painting, automobile or equipment storage or renting. All retail and repair uses except petroleum dispensing shall occur within a building and all non-repair service uses shall occur in a specific location designated in the approved use permit. (2) Storage and display. All merchandise shall be stored and displayed within the service station building. (3) Reverse mode required. All service stations which include service bays shall be designed in the "reverse" or "backup" mode, i.e., service bay openings oriented away from streets.
SERVICE STATION SCREENING REQUIREMENT AND REVERSE
MODE ORIENTATION FOR STATIONS WITH REPAIR FACILITIES
Min. 6' High Opaque Screen
Along Residentially Zoned
- -- - -- ------ Property
Gas Pumps ,
(lO ~ '
Building ~6
Building Oriented in "Reverse Mode",
i.e. with Front Facing Away from Street
Min. 38" High Screening
Along Street Boundaries
(4) Screening. Screening requirements shall be the same as for service stations without service bays. (F) Removal of abandoned stations. Any service station which is closed for more than 12 consecutive months shall be deemed abandoned and shall be removed from the site at the expense of the property owner including the removal of buildings and structures and all underground storage tanks and any necessary site remediation due to tank leakage or other aspects of the service station use. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 45, passed 8-3-21) § 9-1-45.24 Child daycare centers.
Child day care centers or preschools in nonresidential districts shall conform to the following requirements regardless of the number of children served by the facility. (A) (1) A use permit shall be required to establish a ch ild day care center in accordance with § 9-1-114. (2) In addition, all facilities shall comply with this section and with any additional requirements imposed as part of the use permit or by any other applicable permit. (B) All facilities shall be operated in accordance with state and local health, safety, and other regulations. (C) Outdoor activities shall be limited to the hours between 8:30 a.m. and 7:00 p.m. (D) All facilities shall provide an on site pickup/dropoff area. In addition, there shall be an onsite vehicle turnaround or alternatively, separate vehicle entrance and exit points. (E) All parking, signs, and outdoor lighting shall comply with the applicable regulations set forth in subchapter 2, articles 6 and 7 and § 9-1-45.14, respectively. (F) All facilities shall comply with th e development standards of the district in which they are located, as set forth in § 9-1-43.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.25 Single room occupancy (SRO) hotels.
Single room occupancy hotels (SRO's) shall conform to the following requirements. (A) (1) Occupancy shall be limited to maximum two persons per unit. (2) Minimum unit sizes (not including toilet compartment) shall be:
(a) One person: 150 square feet; and
(b) Two persons: 175 square feet.
(B) Each SRO unit shall be provided wi th the following minimum amenities:
(1) Kitchen sink with garbage disposal;
(2) A toilet and sink located in a separate room within the unit that is a minimum 20 sq/ft; (3) One closet per person; and
(4) Telephone and cable TV hookups.
(C) If full bathrooms are not provided in each unit, shared showers shall be provided on each floor at a ratio of one per seven occupants or fraction thereof on the same floor, with doors lockable from the inside.
(D) If full kitchens are not provided in each unit, shared kitchen facilities shall be provided on each floor consisting of a range, sink with garbage disposal, and refrigerator. (E) If laundry facilities are not provided in each uni t, common laundry facilities shall be provided, with one washer and one dryer for every 25 units for the first 100 units and one washer and one dryer for every 50 units over 100.
(F) Elevators shall be required for SRO's of two or more stories. (G) A manual fire alarm system and a fully auto matic fire suppression system, including a central monitoring system, alarm and fire annunciator, shall be designed and installed to the satisfaction of the fire chief.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.26 Bus stop benches and shelters.
The erection, placement, construction and maintenance of bus benches and bus shelters are regulated by § 7-1-120 et seq..
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-45.27 Emergency shelters.
(A) Purpose and intent. The overall design, construction, appearance, operation and maintenance of the emergency shelter facility should provide an environment that is safe, secure, functional, and compatible with the surrounding community
(B) Requirements. The emergency shelter shall comply with the following:
(1) Structure. The structure in which and the lot on which an emergency shelter is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law.
(2) Emergency shelter permit. A ministerial, streamlined administrative permit is required to operate an emergency shelter under this section. The applicant must complete the form provided by the city and pay the fee to cover the city's cost of processing the application and administering the permit program as established by council resolution.
(3) Maximum number of persons/beds. The shelter may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the shelter may serve no more than the number of persons required by state law.
(4) Parking ratio. Subject to California Government Code § 65583(a)(4)(A)(ii), on-site parking shall be supplied at a ratio of not less than one space for every employee in the largest shift. (5) Management and operational standards. Emergency shelters shall be managed and operated in conformance with the following objective standards.
(a) No shelter is permitted within 300 feet of another. (b) No resident may stay for more than 180 nights in a calendar year. (c) Hours of operation. The emergency shelter ma y only operate between 5:00 p.m. and 8:00 a.m. daily.
(d) The emergency shelter shall provide the following mandatory facilities: A separate interior intake area of no less than 250 square feet; an exterior on- site waiting area of no less than 200 square
feet and screened from all public right-of-way areas with landscaping to the extent feasible; office areas for administrative purposes; restrooms; and general storage. (e) Lighting. Outdoor lighting shall be provided in active pedestrian areas, including sidewalks, pathways, and driveways. All lighting must be stationary and permanent. Outdoor lighting must otherwise comply with all applicable general standards set forth in § 9-1-45.14. (f) Onsite facility management shall include the following.
1. The facility shall prepare and file a mana gement plan with the City that includes operational rules and standards, including, but not limited to, provisions for staff training; neighborhood outreach; screening of residents; eligibility and admission procedures; operating schedule; rules regarding smoking, access to the facility, visitors, and guests; and a written policy outlining the consequences of rules and violations.
2. There shall be at least one qualified on-sit e manager and one security guard for every ten occupants during all hours when the emergency shelter is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards.
3. The facility shall clearly post written elig ibility and admission policies and procedures as well as dates, times, and services available, and shall make a copy available for inspection by the City or any member of the public upon request.
(Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
§ 9-1-45.28 Low barrier navigation centers.
(A) Purpose. The purpose of this section is to comply with California Government Code § 65660 et seq. regarding Low Barrier Navigation Centers (hereafter referred to as "LBNCs," and each singularly an "LBNC"). (B) Allowed zones. LBNCs that comply with the provisions of division (C) below are permitted by right in areas that are zoned for mixed use and in nonresidential zones that permit multifamily uses. (C) Operational and development standards. LBNCs must comply with all of the following. (1) Structure. The structure in which and the lot on which an LBNC is established must comply with all standards that apply to a structure and lot in the same zone, unless preempted by state law. (2) Streamlined administrative review procedures. A streamlined administrative LBNC permit is required to establish or operate an LBNC. An application for an LBNC permit is reviewed and processed ministerially, without discretionary review or a hearing. The Director of Community Development or the Director's designee will notify an applicant whether the application is complete within 30 days of submittal. Action on the application be taken within 60 days of when the application is determined to be complete.
(a) Separation. No LBNC may be established or operated at any location that is less than 300 feet from another LBNC or emergency shelter.
(b) Operational services. As required by California Government Code § 65662, each LBNC must satisfy each of the following:
1. It offers services to connect people to permanent housing through a services plan that identifies services staffing;
2. It links to a coordinated entry system, so th at staff in the interim facility or staff who co- locate in the facility may conduct assessments and provide services to connect people to permanent housing. "Coordinated entry system" means a centralized or coordinated
assessment system developed pursuant to §§ 576.400(d) or 578.7(a)(8), as applicable, of Title 24 of C.F.R., as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals;
3. It complies Chapter 6.5 (commencing with § 8255) of Division 8 of the California Welfare and Institutions Code; and
4. It has a system for entering information rega rding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by 24 C.F.R. § 578.3.
(c) On-site personnel. There shall be at least one qualified on-site manager and one security guard for every ten occupants during all hours when the LBNC is in operation. The on-site manager shall have the authority to enforce the management plan and all rules set forth therein, and to ensure compliance with all development and management standards. (d) Maximum number of persons/beds. The LBNC may serve no more than ten persons per night unless state law requires a different limitation greater than ten, in which case the LBNC may serve no more than the number of persons required by state law. (D) Sunset.
(1) Subject to division (E)(2) below, this section remains in effect until January 1, 2027, and as of that date is repealed.
(2) If the Legislature amends California Government Code § 65668 to extend the effective date of Government Code § 65660 et seq., then this section remains in effect until the date on which California Government Code § 65660 et seq. is repealed.
(Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
§§ 9-1-46—9-1-49 Reserved.
ARTICLE 5. SPECIAL PURPOSE REGULATIONS
§ 9-1-50 Purpose and intent.
All references to § 9-1-50 include §§ 9-1-50.1 through 9-1-50.6. These sections set forth the purpose and intent of each of the special purpose districts and regulations. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.1 PR parks and recreation district.
Purpose and intent: To provide for the development and preservation of public and private parks and associated recreation facilities within open space areas. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.2 OS open space district.
Purpose and intent: To preserve and protect open space areas for the purposes of passive recreation, visual enhancement, and resource conservation.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.3 MC managed care overlay district.
Purpose and intent: To provide for and regulate specialized housing providing a range of managed care to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.4 FP floodplain overlay district.
Purpose and intent: To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.5 Adult-oriented business regulations.
Purpose and intent: As set forth in § 9-1-54.4(A).
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-50.6. Fuel modification regulations.
Purpose and intent: To limit danger to life and property from wildland fires by reducing combustible vegetation and imposing additional construction standards for areas at risk. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-51 Types of special purpose districts and regulations. (A) Base districts. The PR and OS districts are base districts designed to provide for park, recreation, and open space land uses.
(B) Overlay districts. The MC and FP districts are overlay districts. These overlay districts are to be used in combination with a base district (such as RS, CC, PR, OS, etc.) in order to regulate certain special aspects of land use in the interests of public safety and environmental protection. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control.
(C) Overlay zoning designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol(s) enclosed in parentheses. For example: RS (MC) (FP).
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-52 Permitted uses.
(A) Development permits required. Table 5.1 below specifies whether a use or structure is permitted within a zoning district. In most cases, development to establish a land use requires approval of a site development permit and/or other permits as set forth in subchapter 2, article 11.
(B) Table of permitted uses.
(1) Table 5.1, "Permitted uses in special purpose districts", below specifies those uses and structures which are permitted within each special purpose district.
(2) The letters in the columns beneath the district designations mean the following. (a) P. The use is permitted as a pr incipal use within the district. (b) A. The use is permitted only if accessory to the principal use on the site. (c) U. The use is permitted as a principal or accessory use if a use permit is approved. (d) T. The use is permitted on a temporary basis if a temporary use permit is approved. (e) X. The use is prohibited in the district.
(C) Compatibility with base district uses. Overlay districts shall be located on the official zoning Map only in areas where the land uses permitted by the overlay district are compatible with existing uses in the area where the overlay is applied.
(D) Exemption. Notwithstanding anything herein to the contrary, this section is not intended to apply to the retail sale by delivery of medicinal cannabis as defined and regulated under Senate Bill 1186, known as the “Medicinal Cannabis Patients’ Right of Access Act”.
TABLE 5.1. PERMITTED USES IN SPECIAL PURPOSE DISTRICTS.
LAND USE BASE DISTRICTS OVERLAY DISTRICTS
PR
Parks and
Recreation
OS
Open
Space
MC
Managed
Care
FP
Floodplain
OPEN SPACE AND RECREATIONAL USES
Passive open space P P * *
Public parks, playfields, and open space; lighted or unlighted P X * * Bicycle, equestrian and hiking trails P P * *
Clubhouses and community centers, pools, and cabañas P X * * Noncommercial health clubs U X * *
Tennis courts and other game courts on public or common lots P X * * Tennis clubs, golf courses, country clubs and similar
recreational uses with both indoor and outdoor facilities, lighted or unlighted
U X * *
Libraries and/or museums U X * *
ACCESSORY USES AND STRUCTURES
Signs, subject to article 7 A A * *
Fences and walls, subject to § 9-1-35.2 A A * *
Satellite dish and other antennas, subject to § 9-1-45.6 U U * * Parking lots and other parking facilities A A * *
Public restrooms A A * *
TEMPORARY USES
Special outdoor events, subject to § 9-1-45.13 T T * *
OTHER USES
Vehicular and pedestrian accessways MU MU * *
Public utility and public flood control facilities and devices P P * * Residential, commercial, office, and industrial uses X X * * Adult-oriented businesses, subject to § 9-1-54.4 ** X X n/a n/a
Managed care projects, subject to § 9-1-54.2 *** X X *** *** Marijuana activities, including dispensing, cultivation and delivery
X X n/a n/a
Any use prohibited by Federal and/or State law X X X X Other principal, accessory or temporary uses not listed above. Di rector or planning commission to determine whether use is permitted in
accordance with § 9-1-23.
* As permitted in the underlying base district, subject to the additional requirements of the overlay district. ** Adult-oriented businesses are permitted only with approval of an adult-oriented business regulatory permit per Municipal code section 5-1-11 et seq.
*** Managed care projects are permitted only with the "MC" overlay designation and approval of a use permit. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2011-163, § 3, passed 5-3-11; Ord. 2016-184, § 2, passed 10-4-16; Ord. 2021-210, § 46, passed 8-3-21)
§ 9-1-53 Special purpose development standards.
Table 5.2 below contains standards for development of property within special purpose districts:
TABLE 5.2: SPECIAL PURPOSE DEVELOPMENT STANDARDS
DEVELOPMENT STANDARD BASE DISTRICTS OVERLAY
DISTRICTS
PR
Parks
and Rec-
reation
OS
Open
Space
MC
Managed
Care
FP
Flood-
plain
Max. structure height (ft.) 35 35 * *
Min. lot size (sq. ft.) No minimum
Min. perimeter
setbacks (from
abutting property
line)
From street right-of-way.** 20 20 * *
From residential districts 20 20 * *
From commercial, office, industrial, and
public-institutional districts
10 10 * *
* As provided in the applicable base district, subject to the additional requirements of the overlay district. ** Minimum landscaped setback from any scenic highway curbline = 25 feet. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-54 Supplemental special purpose regulations.
All references to § 9-1-54 shall include §§ 9-1-54.1 through 9-1-54.5. These sections set forth requirements for specialized aspects of land use in areas regulated by this article, such as flood and fire hazard reduction measures, adult-oriented businesses, etc. These requirements are in addition to the other regulations set forth in this article.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-54.1 Parks and recreation and open space districts.
The permitted uses and development standards for the PR parks and recreation and the OS open space districts are set forth in §§ 9-1-52 and 9-1-53. Where the two districts are adjacent, the boundaries between the two on the official zoning map shall be considered approximate in order to provide flexibility for the placement of open space and recreational areas and facilities.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-54.2 MC managed care overlay district.
(A) Boundaries of MC overlay district. The boundaries of the MC overlay district are as shown on the official zoning map. The MC overlay district may be applied only in combination with the RM multifamily, CN neighborhood commercial, CC community commercial, and PI public institutional districts. (B) Locational criteria. The MC district shall be applied as an overlay within the preceding base districts, only to properties or areas where managed care projects will be compatible with surrounding uses in terms of noise, traffic, visual impacts, living environment for managed care residents, and the ability of nearby nonresidential uses to carry on normal activities necessary to their viability. (C) Applicability.
(1) The MC overlay district is intended to provide for specialized housing which offers a range of managed care to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance.
(2) "Managed care" projects or facilities include the following:
(a) Assisted living facilities: Facilities providing care on a monthly basis or longer which are the primary residences of the people served. Such facilities provide services to residents such as the following:
Dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such facilities may be located in more than one building and/or on contiguous parcels within the building site. (b) Convalescent hospitals: Facilities licensed by the California department of health services which provide bed and ambulatory care for seven or more patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A "convalescent hospital" may also be known as a nursing home, convalescent home, rest home, or home for the aged.
(c) Residential care facilities for the elderly: Facilities defined in the California health and safety code § 1569.2, plus Alzheimer's care facilities.
(D) Use permit required. Managed care projects within the MC overlay district shall require approval of a use permit by the planning commission in accordance with § 9-1-114. (E) Requirements. Managed care projects shall meet the following requirements. (1) The housing facility shall be spec ially designed to provide the care described in division (C) above and to meet the physical and social needs of senior citizens and persons requiring specialized care or assistance.
(2) The housing facility shall provide a useable mult ipurpose room where communal activities, including but not limited to, dining may be conducted.
(3) The housing facility shall provide emergency alert systems in each unit to notify the on-site staff that assistance is needed.
(4) A housing facility staff member shall be on-site at all times to assist residents in emergencies. (5) The facility management shall c oordinate social services for residents which includes meals and transportation. The service may be provided by the facility management or an outside agency. (6) The on-site facility management sh all maintain current records pertaining to the resident's doctor and emergency contacts.
(7) All managed care projects located within the MC overlay district shall comply with the development standards of the base zoning district and shall comply with the design guidelines of subchapter 2, article 9.
(8) Projects proposed within the MC overlay distri ct shall include a parking analysis to determine the parking demand for the specific project.
(F) Local park code exemption. Managed care projects located within the MC overlay district are exempt from the regulations set forth in the city's local park code. (G) Use classification. Managed care projects shall not be considered a residential use for the purpose of allocating dwelling units within the land use element of the general plan. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 47, passed 8-3-21) § 9-1-54.3 FP floodplain overlay district.
(A) Boundaries of FP overlay district. The FP district shall include all areas within the city that are designated as "special flood hazard areas inundated by 100-year flood" on the flood insurance rate maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A", "AE", "AH", "AO", and "A99" flood hazard zones. The boundaries of the FP district are as shown on the official zoning map. (B) Prohibition of construction in floodways. Floodway areas shown on FIRM maps are special flood hazard areas which carry high velocity flood waters, debris, and erosion potential. Therefore, except for necessary public improvements, no fill, structures, or other development shall be permitted within floodways. (C) Flood hazard reduction requirements. The following flood hazard reduction measures shall be required of all construction within the FP district.
(1) Impact on 100-year flood elevations. New construction shall not increase the water surface elevation of the projected 100-year flood more than one foot at any point. Also, new construction shall not create nor exacerbate erosive velocities within special flood hazard areas. The city may require certification by a registered professional engineer that these requirements are met. (2) Finish floor elevation. The finish floor elevation of the lowest floor of all new buildings shall be at least one foot above the 100-year or base flood elevation shown on the FIRM map. If no base flood elevation is shown on the FIRM map, the city may require certification by a registered professional engineer that the finish floor elevation requirement is satisfied. (3) Anchoring. All new structures shall be anchored to prevent collapse, flotation, or lateral movement from hydrostatic and hydrodynamic loading.
(4) Water and sewer systems. All new and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.
(5) Electrical, plumbing, and heating systems. All new and replacement electrical, plumbing and heating equipment shall be designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(6) Drainage. On slopes, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures.
(D) Permit procedures.
(1) Proposed construction within the FP district shall require approval of a site development permit in accordance with § 9-1-114 and any other permits required by the base district regulations. (2) In addition, the following requirements shall be satisfied. (a) Plans and studies. Site development permit applications shall be accompanied by detailed studies and plans sufficient to show to the satisfaction of the public Works director that proposed structures are safe from flood flows, that there will be no resulting increase in base flood elevation, and that all other requirements of division (C) above have been or will be satisfied. (b) Requirements of other public agencies. The application shall include evidence of compliance with applicable requirements of federal and other agencies, such as the U.S. Army Corps of Engineers and the County flood control district.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-54.4 AB adult-oriented business regulations.
(A) Purpose and intent. It is the intent of this section to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods which can be brought about by the concentration of adult-oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts or uses. The city council finds that it has been demonstrated in various communities that the concentration of adult- oriented businesses causes an increase in the number of transients in the area, and an increase in crime and, in addition to the effects described above, can cause other businesses and residents to move elsewhere. It is therefore the purpose of this section to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their close proximity to incompatible uses, while permitting the location of adult-oriented businesses in certain areas. (B) Definitions.
(1) Establishment of an adult-oriented business. As used herein, to "establish" an adult-oriented business shall mean and include any of the following:
(a) The opening or commencement of any adul t-oriented business as a new business; (b) The conversion of an existing business, whether or not an adult-oriented business, to any adult- oriented business defined herein;
(c) The addition of any of the adult-oriented businesses defined herein to any other existing adult- oriented business; or
(d) The relocation of any such adult-oriented business. (2) Specified anatomical areas. As used herein, "specified anatomical areas" shall mean and include any of the following:
(a) Less than completely and opaquely covered human:
1. Genitals or pubic region;
2. Buttocks; and
3. Female breasts below a point immedi ately above the top of the areola; (b) Human male genitals in a discernibly turgid stat e, even if completely and opaquely covered; and (c) Any device, costume or covering that simulat es any of the body parts included in divisions (B)(2)(a) or (B)(2)(b) above.
(3) Specified sexual activities. As used herein, "specified sexual activities" shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
(b) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy; (c) Masturbation, actual or simulated; and
(d) Excretory functions as part of or in connecti on with any of the other activities described in subdivision (1) through (3) of this subsection.
(4) Adult-oriented businesses. As used herein, "adult-oriented businesses" means any one of the following. (a) Adult arcade. The term "adult arcade" as used in this section, is an establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (b) Adult bookstore. The term "adult bookstore" as used in this section, is an establishment that has 30 percent or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas, or of adult merchandise.
(c) Adult cabaret. The term "adult cabaret" as used in this section, means a nightclub, restaurant, or similar business establishment which:
1. Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities;
2. Which regularly features persons who appear semi-nude; and/or
3. Shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction of specified sexual activities or specified anatomical areas.
(d) Adult hotel/motel. The term "adult hotel/motel" as used in this section, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which:
1. Provides patrons with closed-circuit tele vision transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions 30 percent or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and
2. Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a 24-hour period.
(e) Adult merchandise store. The term "adult merchandise store" as used in this section, is an establishment for which 30% or more of its merchandise is adult-oriented merchandise. (f) Adult motion picture theater. The term "adult motion picture theater" as used in this section, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (g) Adult theater. The term "adult theater" as used in this section, means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
(h) Modeling studio. The term "modeling studio" as used in this section, means a business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities." (5) Adult-oriented merchandise. The term "adult-oriented merchandise" shall mean sexually oriented implements, paraphernalia, or novelty items, such as, but not limited to: Dildos, auto sucks, sexually- oriented vibrators, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(6) Church. The term "church" as used in this section, is a structure which is used primarily for religious worship and related religious activities.
(7) Distinguished or characterized by an emphasis upon. As used in this subchapter, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina (1981) 115 Cal.App.3d 151. (8) Regularly features. The term "regularly features" with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three (3) or more occasions within a 60-day period; or four or more occasions within a 180-day period, shall to the extent permitted by law be deemed to be a regular and substantial course of conduct. (9) Park. The term "park" as used in this section, means the areas and facilities of parks that are used by children for recreational activities, including, but not limited to, baseball, softball, and soccer fields, other areas used for playing fields, basketball and volleyball courts, tot lots with playground equipment, similar facilities, and hiking and walking trails.
(10) School. The term "school" as used in this section, is any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the state education code and maintained pursuant to standards set by the state board of education.
This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.
(11) Semi-nude. Means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(C) Zoning and minimum proximity requirements.
(1) No adult-oriented business shall be established or loca ted in any zoning district, zone or area in the city except for commercially-zoned areas north of Aliso Creek Road and west of Moulton Parkway and except for those areas designated for commercial and industrial uses in planning areas A13, A14, B5, and U1 of the Laguna Niguel Planned Community. Notwithstanding the previous sentence, no adult- oriented business shall be established on the parcel identified as 28100 and 28150 Cabot Road and otherwise known as the Mission Equities Restaurant site which is in planning area B5 of the Laguna Niguel Planned Community.
(2) In addition to the zoning requir ements set forth herein, no adult-oriented business shall be established or located within certain distances of certain specified land uses or zones as set forth below. (a) No such business shall be established or locate d within 1,000 feet of any other adult-oriented business.
(b) No such business shall be established or locate d within 500 feet of any existing residential zone or use.
(c) No such business shall be established or located within 1,000 feet of any existing park, church, or school utilized by minors.
(d) The distances set forth above shall be measured as a radius from the primary entrance of the adult-oriented business to the property lines of the property so zoned or used without regard to intervening structures, except as for parks, the distances shall be measured to the location of the active areas of the parks.
(3) No adult-oriented business shall be established, located, operated or maintained in any zoning district, zone or area in which such businesses are allowed unless and until the permits for such businesses that are required by title 5, chapter 5(§ 5-1-11 et seq.) have been obtained. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-54.5 Fuel modification regulations.
(A) Applicability. The fuel modification regulations set forth in this section shall apply whenever a fuel modification plan has been required as a condition of development approval or through other requirements. (B) Review requirements. Fuel modifications plans, and revisions to fuel modification plans, shall be reviewed and approved by the fire authority and director.
(C) Fuel modification requirements. Areas where fuel modification is required shall consist of the following fuel modification zones:
(1) A substantially flat "setback zone " with no combustible construction;
(2) Beyond the setback zone, a permanently landscaped and irrigated "wet zone"; and (3) Beyond the wet zone, one or more "thinning zones" in which natural vegetation is thinned and dead or dying vegetation is removed.
(D) No encroachment into fuel modification zones. Fuel modification zones established on an approved fuel modification plan shall have the same force and effect as regulations set forth in the text of this zoning code. (1) No structure shall be placed within any fuel modification zone, except approved fencing, unless a minor adjustment is approved in accordance with § 9-1-114 for encroachment. (2) If such a minor adjustment is approved, such co nditions of approval shall be imposed as may be deemed necessary to mitigate wildland fire hazard. Such conditions may include, but are not limited to, those listed under division (J) below.
(3) In addition to the required find ings set forth in § 9-1-114, approval of a minor adjustment shall require a finding by the director that the adjustment is necessary for the preservation of a substantial property right possessed by other properties in the same vicinity and zoning district and otherwise denied to the subject property.
(E) Location of fuel modification zones. In all cases, fuel modification zones shall be located within the tract or other property being protected. Further, where feasible, "wet" and "thinning" zones shall be located on common lots owned by the applicable homeowners association or similar entity. In addition, the substantially flat "setback" zones are encouraged to also be located on such common lots as opposed to individual private lots.
(F) Width of fuel modification zones. The width of fuel modification zones shall be established on each fuel modification plan as required by individual site conditions. The combined width of all zones described under division (B) above shall be a minimum of 120 feet. Exception, modifications to this width standard may be permitted with the approval of a minor adjustment and review and approval by the fire authority. If such minor adjustment is approved, conditions of approval necessary to mitigate wildfire hazard shall be imposed.
Such conditions may include, but are not limited to, those listed under division (J) below. (G) Preparation of fuel modification plans. Fuel modification zones, plant materials, thinning measures, and other details shall be shown on individual fuel modification plans approved for each affected subarea. Fuel modification plans shall be prepared by a licensed landscape architect. (H) Fuel modification maintenance program. A fuel modification maintenance program providing for continuous maintenance of fuel modification areas shall be prepared and implemented. The maintenance program shall be included as part of each fuel modification plan and shall include the maintenance of irrigation systems and landscaping, the periodic re-thinning of vegetation, and other measures needed to keep fuel modification zones in a fire safe condition.
(I) Fuel modification plan approval.
(1) A preliminary fuel modification plan meeting th e requirements of this section shall be approved by both the fire authority and the community development director prior to the first discretionary action on the project.
(2) A final fuel modification plan shall be approved by both the fire authority and the community development director as being in substantial compliance with the preliminary fuel modification plan and with this section prior to issuance of a grading permit or prior to issuance of a building permit if there is no grading permit.
(3) Fuel modification measures shall be completed to th e satisfaction of the fire authority prior to issuance of a building permit.
(4) Proposed amendments to fuel modification plans shall be reviewed and approved in the same manner as the original plan.
(5) Fire hazard reduction measures in addition to those of this Section may be required as conditions of approval of any project or any fuel modification plan.
(J) Alternate construction methods.
(1) Construction methods to reduce fire hazards may be required within fire hazard areas if the City determines in an individual case that:
(a) the measures are necessary as conditions of approval of a fuel modification plan or minor adjustment in order to provide adequate reduction of wildland fire danger; and/or (b) if no adequate fuel modification plan has been implemented for the affected area. (2) Such possible construction methods may include, but are not limited to, the following:
(a) Excluding openings, all exterior walls to be rated by the uniform building code adopted 2025 California Building Code and related codes as one-hour fire resistant; (b) All glass facing the wildland edge to be double-paned, meeting uniform building code the adopted 2025 California Building Code and related codes requirements; (c) All roof coverings to be noncombustible;
(d) The underside of all roof overhangs to be enclosed with assemblies rated by the uniform building code adopted 2025 California Building Code and related codes as one-hour fire resistant; (e) Open ends of tile roofs to be capped with non-ig nitable material in order to prevent placement of bird nests or other combustible material within the roof structure; (f) No attic air vents to be placed facing the wildland edge; (g) All attic air vents to be covere d by corrosion resistant wire mesh; (h) Roof-mounted turbine air vents to be prohibited;
(i) All exposed roof and wall piping, vents, flashi ng and other penetrations and appendages to be constructed of noncombustible materials;
(j) All chimneys to be equipped wi th spark arresters constructed of 12-gauge wire screen with ½ inch openings. Spark arresters to be mounted in a vertical position visible from the ground; (k) All garage doors facing the wildland edge to be constructed of noncombustible materials; (l) Patio covers facing the wildland edge and their st ructural supports to be constructed of or encased with noncombustible materials;
(m) The exposed undersides of wood decks to be encased with noncombustible materials; (n) All fencing to be constructed of noncombustible materials; and (o) An automatic fire suppression system to be installed as required by the fire marshal. (K) Fire suppression systems. New residential buildings in fire hazard areas may be required to be provided with an automatic fire suppression system in order to decrease the spread of fire. Need for and design of suppression systems shall be determined by the fire marshal in each individual case. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 48, passed 8-3-21)
§ 9-1-54.6 SMC senior managed care overlay district.
(A) Purpose and intent. The purpose and intent of the senior managed care (SMC) overlay district is to regulate specialized housing designed to meet the physical and social needs of senior citizens by providing a range of managed care.
(B) Boundaries of senior citizens overlay district. Senior managed care overlay district may be applied to the following zoning districts:
(1) Mixed use and local commercial;
(2) Community facility;
(3) Mixed use and commercial;
(4) Industrial;
(5) Office/commercial/retail;
(6) Professional and administrative office;
(7) Local and community commercial;
(8) Town center;
(9) Visitor serving commercial;
(10) Industrial park;
(11) Neighborhood commercial;
(12) C1 local business district;
(13) CC commercial community district;
(14) CN commercial neighb orhood district; and
(15) M1 light industrial district zones as outlined in the planned community texts and zoning code of the city. The boundaries of the SMC overlay district are as shown on the official zoning map. (C) Definitions. For the purposes of this section, senior managed care shall include: Managed care for seniors ranging from assisted care with varying degrees of medical care to minimum care which does not include any medical care. For the purposes of the section this definition also includes congregate care and convalescent care as defined in §§ 9-1-22 through 9-1-44 of the city zoning code limited to seniors, residential care facilities for elderly as defined in the California health and safety code § 1569.2, and Alzheimer's care facilities limited to seniors.
(D) Use permit standards.
(1) Development of a senior managed care project within the SMC overlay district requires approval of a use permit by the planning commission.
(2) In addition the use permit shall require compliance with the following standards:
(a) The housing facility shall be specia lly designed to meet the physical and social needs of senior citizens.
The housing facility shall preserve and restrict occupancy to senior citizen tenants to the degree allowable by law.
(b) The housing facility shall provide a useable mult ipurpose room where communal activities including dining may be hosted.
(c) The housing facility shall provide emergency alert systems in each unit to notify the on-site staff that assistance is needed.
(d) A housing facility staff member shall be on-site 24 hours a day every day to assist tenant in emergencies.
(e) The facility management shall coordinate social services for tenants which includes meals and transportation. The service may be provided by the facility management or an outside agency. (f) The on-site facility management sh all maintain current records pertaining to the tenant's doctor and emergency contacts.
(g) All senior housing projects located within the SM C overlay district shall comply with the development standards of the base zoning district.
(h) All senior housing projects located within the SMC overlay district shall comply with the design guidelines.
(i) Projects proposed within the SMC overlay distri ct shall include a parking analysis to determine the parking demand for the specific project.
(E) Local park code exemption. Senior managed care projects that is located within the senior managed care (SMC) overlay district shall be exempt from the regulations set forth in the local park code found in §§ 9-1- 500 through 9-1-530.
(F) Application to planned communities. This housing type shall not be considered a residential use for the purpose of allocating dwelling units within the Country Village, Laguna Niguel, Colinas De Capistrano, Beacon Hill, Bear Brand and Bear Brand Hill planned communities. (Ord. 98-102, § 2, passed 6-16-98)
§ 9-1-54.7 Landscaping and vegetation regulations.
(A) Purpose and intent. The purpose and intent of this section is to establish procedures necessary to achieve and maintain the benefits of landscaped and vegetated areas, including aesthetic, soil stability, ecological, and air quality benefits landscaping and vegetation provides citywide. (B) Design guidelines. This section sets forth basic landscaping requirements. In addition, subchapter 2, article 9 contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items. (C) Maintenance of landscaping and vegetation. All existing landscaped and vegetated areas visible from public roadways within the OS and PR zoning districts shall be maintained in an orderly, attractive, and healthy condition, including proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants (including trees) when necessary, and the regular application of appropriate quantities of water to all landscaped areas.
(D) Modification of landscaping and vegetation. Any significant modification or removal to existing landscaped areas (including trees) visible from public roadways within the OS and PR zoning districts shall first require the review and approval of a changed plan permit or a discretionary permit amendment as determined by the community development director. If the existing landscaped areas were originally established as a subdivision condition of approval, the submittal and approval of a landscape plan by the planning division shall be required. Unregulated removal of trees along street frontages in particular can detract from the health, safety and general welfare of the city. This includes the aesthetic, soil stability, ecological, and air quality benefits landscaping provides citywide.
(Ord. 2021-210, § 49, passed 8-3-21)
§ 9-1-55 Marijuana dispensing, delivery and cultivation. (A) All references to § 9-1-55 include §§ 9-1-55.1 through 9-1-55.4 inclusive. The purpose and intent of this section is to prohibit all marijuana activities, including, but not limited to, operating a dispensary, dispensing, distribution, cultivation, and delivery of marijuana. (Ord. 2016-184, § 2, passed 10-4-16) (B) This section is not intended to apply to the retail sale by delivery of medicinal cannabis as defined and regulated under Senate Bill 1186, known as the “Medicinal Cannabis Patients’ Right of Access Act”.
(Ord. 2026-284, § 2, passed 10-4-16)
§ 9-1-55.1 Prohibited activities.
(A) Commercial use.
(1) The establishment or operation of any business of commercial marijuana activity is prohibited in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment or operation of any such business or operation.
(2) No person shall establish or operate any such businesses or operations, including but not limited to:
(a) The transportation, delivery, stor age, distribution, dispensing or sale of marijuana, marijuana products, or marijuana accessories;
(b) The cultivation of marijuana;
(c) The manufacturing or testing of marijuana, marijuana products, or marijuana accessories; or (d) Any other business licensed by the state or other government entity under Division 10 of the California Business & Professions Code, as it may be amended from time to time. (B) Medical use.
(1) The establishment or operation of any medical mari juana collective, cooperative, dispensary, delivery service, operator, establishment, or provider is prohibited in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district. No person shall establish or operate such businesses or operations in any zoning district. (2) Cultivation of medical marijuana pursuant to the California Health & Safety Code § 11362.77 is subject to the cultivation requirements laid out in division (C) below. (C) Personal use.
(1) For purposes of this division (C), personal recr eational use, possession, purchase, transport, or dissemination of marijuana is unlawful in all areas of the city, except to the extent state law specifically prohibits cities from prohibiting such use.
(2) Outdoor cultivation. No person sh all plant, cultivate, harvest, dry, or process marijuana plants outdoors in any zoning district of the city. No use permit, building permit, variance, or any other permit or entitlement, whether administrative or discretionary, shall be approved or issued for any such use or activity.
(3) Indoor cultivation.
(a) To the extent a complete prohibition on ind oor cultivation is not permitted under state law, a person may not possess, plant, cultivate, harvest, dry, or process more than six marijuana plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of a fully enclosed private residence. Also, a person may not plant, cultivate, harvest, dry, or process marijuana plants inside any enclosed structure within any zoning district of the city which is not either a private residence or an accessory structure to a private residence located upon the grounds of a private residence.
(b) To the extent prohibition on indoor cultivation is not prohibited under state law, then indoor cultivation is completely prohibited in the city.
(Ord. 2016-184, § 2, passed 10-4-16)
§ 9-1-55.2 Violations.
No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of § 9-1-55. Every act prohibited or declared unlawful, and every failure to perform an act made mandatory by § 9-1-55, shall be a misdemeanor or an infraction, at the discretion of the city attorney or the district attorney. (Ord. 2016-184, § 2, passed 10-4-16)
§ 9-1-55.3 Public nuisance.
In addition to the penalties provided in § 9-1-55, any use or condition caused or permitted to exist in violation of any of the provisions of § 9-1-55 is hereby declared a public nuisance and may be abated as provided in this Code or under state law.
(Ord. 2016-184, § 2, passed 10-4-16)
§ 9-1-55.4 Civil penalties.
In addition to any other enforcement permitted by § 9-1-55, the city attorney may bring a civil action for injunctive relief and civil penalties pursuant to this Code against any person or entity that violates § 9-1-55. In any civil action brought pursuant to § 9-1-55, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.
(Ord. 2016-184, § 2, passed 10-4-16)
§ 9-1-55.5 Housing element site inventory.
(A) Purpose. The purpose of this section is to codify the statutory requirements found in California Government Code § 65583.2(c) that apply to sites identified in Appendix B of the City's Housing Element Residential Land Inventory. The Housing Element Site Inventory includes a list of potential sites to accommodate a portion of the City's unmet Regional Housing Needs Allocation ("RHNA)." (B) Applicability. This section applies to any vacant site identified in two or more consecutive housing element planning periods or nonvacant sites identified in a prior planning period to accommodate the lower-income RHNA provided that at least 20% of the dwelling units are available to lower-income households.
(C) Relationship to other regulations. Residential development eligible under division (B) above shall also comply with title 9, including, but not limited to, applicable standards within the underlying zoning district and objective development and design standards in accordance with § 9-1-95 of this Code. Where there is a conflict between the requirements in the Zoning Code and this section, this section prevails. (D) Residential development eligible under division (B ) above shall comply with the following additional standards:
(1) The minimum residential density is 30 dwelling units per net acre. (2) Owner-occupied and rental mult ifamily residential uses are permitted by right and do not require a discretionary review or approval for residential developments in which 20% or more of the units are affordable to lower income households (as defined by California Health and Safety Code § 50079.5). (3) An applicant for a project under this section may apply for a density bonus in accordance with California Government Code § 65915 and § 9-1-37.
(Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
§§ 9-1-56—9-1-59. Reserved.
ARTICLE 6. PARKING
§ 9-1-60 Purpose and intent.
These regulations are established to provide for off-street parking of motor vehicles attracted by the various land uses in the city. It is intended that the provisions of these regulations result in properly designed parking areas with adequate numbers of parking spaces in order to reduce traffic congestion, promote business and enhance public safety.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-61 General requirements.
(A) Modifications to parking facilities. No existing parking facility shall be restriped or modified with respect to layout, aisle width, numbers or sizes of spaces, street access, or any other physical characteristic without prior review by the community development director. The director shall determine if discretionary review is required for the modification pursuant to Subchapter 2, Article 9 or Subchapter 2, Article 11. (B) Location of off-street parking.
(1) Required parking facilities shall be located on the same building site and conveniently proximate to the uses they serve except as otherwise provided in § 9-1-62 and § 9-1-65(J) . (2) Property within the ultimate right-of-way of a street , either public or private, shall not be included in provision of the minimum parking.
(C) Accessibility. All required off-street parking spaces shall be designed, located, constructed and maintained so as to be fully and independently usable and accessible at all times. (D) Usability.
(1) The required off-street parking fa cilities and driveways shall not be used for any purpose which at any time would preclude the use of the area for the temporary storage of motor vehicles.
(2) Unless otherwise provided by an approved discretion ary permit, no owner or tenant shall lease, rent or otherwise make unavailable to intended users any off-street parking spaces required by this article. (E) Access to arterial highways.
(1) Wherever access to a parking area is off an arterial highway designated on the master plan of arterial highways, parking spaces, driveways and maneuvering areas shall be designed so that motor vehicles may enter the arterial highway traveling in a forward direction. (2) Vehicular access to arterial hi ghways designated on the master plan of arterial highways will be permitted only in accordance with specifically approved driveway locations and access design. (F) Maximum grades.
(1) Whenever access is taken from a street, alley or driv eway to an off-street parking area serving four or less dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus 15% or minus 6%, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not less than 18 feet from the street, alley or driveway right-of-way line. (2) Whenever access is taken from a street, alley or driveway to an off-street parking area serving industrial, commercial or professional uses, public or community facilities, or five or more dwelling units, the driveway or other vehicular accessway shall have a maximum grade of plus 15% or minus 2%, measured from the street, alley or driveway grade along the driveway centerline, for a distance of not more than 18 feet from the street, alley or driveway right-of-way line. (3) The maximum grades specified in divisions (E)(1) and (E)(2) above will generally provide adequate sight distance at street level and prevent vehicles from dragging on extreme grade breaks. Minor adjustments may be approved by the community development director, in accordance with § 9-1-114, where physical design prevents such extreme grade breaks and provides safe sight distance. (4) Off-street parking spaces and th e abutting parking aisles shall have a maximum grade of 2% for retail commercial and 5% for all other uses. The grade shall be measured across the parking space and the abutting parking aisle in any direction. (See figure 6.3 in § 9-1-64) (5) For both residential and non-residential uses, ramp s or driveways providing vehicular access within the interior of an off-street parking area located beyond 18 feet from the ultimate right-of-way line of a street, alley or driveway shall have a maximum slope of plus or minus 20%. When such ramp or driveway slopes exceed plus or minus 10%, the ramp or driveway design shall include transitions, not less than eight feet in length, having a slope equal to one-half the ramp slope. (See figure 6.3 in § 9-1- 64). When parking is provided on a ramp, the maximum slope shall not exceed 6%. (G) Parking area notices and directional instructions. Notwithstanding the regulations of any district, parking area notices, each not to exceed two square feet in area, and directional instructions lettered on the paved surface of driveways and parking areas are permitted for parking facilities serving industrial, commercial or professional uses, public or community facilities, and five or more residential dwelling units. Such parking notices may contain the name of the owner or occupant of the property and only such words and symbols that are directly related or essential to parking, enforcement or the direction of vehicular traffic within the parking area.
(H) Paving. All permanent parking spaces, driveways and maneuvering areas shall be paved and permanently maintained with asphaltic concrete, cement concrete or other all-weather, non-erodable hard surfacing.
Temporary parking spaces, driveways and maneuvering areas may use decomposed granite or other stable, all-weather surfacing.
(I) Lighting. Any lights used to illuminate the parking spaces or driveways shall be designed and located so that direct rays are confined to the property.
(J) Change or increase in use of property. Whenever the occupancy or use of any premises which is not in compliance with off-street parking requirements is changed to a different use, or the existing use is altered, enlarged, expanded or intensified, parking to meet the requirements of this article shall be provided for the new use or occupancy. This provision shall not apply to the addition of rooms or other alterations of a single- family dwelling which do not increase the total floor area more than 50%. (K) Fractional parking spaces. Whenever the computation of the number of off-street parking spaces required by this section results in a fractional parking space, one additional parking space shall be required for one-half or more fractional parking space, and any fractional space less than one-half of a parking space shall not be counted.
(L) Parking facilities for the physically handicapped. Disabled accessible parking spaces shall be provided as required by title 24 of the California State Building Standards Code, being California Code of Regulations Title
24. The Americans with Disabilities Act of 1990 (ADA), being 42 U.S.C. § 12101 et seq., also contains parking regulations. For information regarding these standards, please refer to the city's building division. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 50, passed 8-3-21) § 9-1-62 Alternative parking regulations.
(A) Alternative standards to any of those set forth in this subchapter 2, article 6 may be permitted subject to approval of a site development permit in compliance with the provisions of § 9-1-114. (B) No such application shall be approved unless the approving authority makes the following findings in addition to the standard findings for approval of a site development permit set forth in § 9-1-114:
(1) Applicable off-street parking requirements are excessive or inappropriate due to the nature of the specific use involved or because of special circumstances applicable to the property; and (2) The proposed off-street parking fa cilities comply with the intent of these regulations as specified by § 9-1-61.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-63 Residential parking requirements.
(A) Applicability. Off-street parking facilities shall be provided for all residential uses in compliance with this section and other applicable sections in this article.
(B) If Number of spaces not specified. If no provisions for the required number of off-street parking spaces are set forth in this section or the provisions are not clear, the community development director shall determine the number of off-street parking spaces required.
(C) Number of required parking spaces. Table 6.1 below provides the minimum number of off-street parking spaces required for each category of residential use.
TABLE 6.1: RESIDENTIAL PARKING SPACES
USE MINIMUM OFFSTREET PARKING REQUIREMENT
Single-Family Dwellings Two (2) enclos ed parking spaces per dwelling plus guest parking1
Two or More Dwelling Units2
Studio and one-bedroom dwelling units 1.5 off-st reet parking spaces for each dwelling unit.
One space shall be covered for each dwelling unit plus
guest parking.
Two-Bedroom Dwelling Units 2.0 off-street pa rking spaces for each dwelling unit. At least one space shall be covered for each dwelling unit plus guest parking.
Three or more Bedroom Dwelling Units 2.5 off-st reet parking spaces for each dwelling unit, plus 0.5 off-street parking space for each bedroom in
excess of three. At least two spaces shall be covered
for each dwelling unit plus guest parking.
Guest Parking3
Single-Family For single-family dwelling units, guest parking shall be provided at a rate of 0.5 guest parking spaces per
dwelling unit. This guest parking requirement may be
satisfied via driveway parking if the driveway is at least 20-foot from the back of the curb or sidewalk,
whichever is closest to the garage.
Multifamily
2 to 50 Dwelling Units For developmen ts with two-or more dwelling units, up to 50 dwelling units, guest parking shall be provided at a rate of 0.5 guest parking spaces per dwelling unit
(rounded to the nearest whole number).
More than 50 Dwelling Units For developm ents with two or more dwelling units, guest parking shall be provided at a rate of 0.3 guest
parking spaces per dwelling unit (rounded to the
nearest whole number). Guest spaces shall be located
within the development project area.
Accessory Dwelling Units Refer to § 9-1-35.26
Junior Accessory Dwelling Units Refer to § 9-1-35.27
Notes:
1 Those dwellings having less than a 20-foot setback from the back of the curb or sidewalk, whichever is closest to the garage, shall provide one additional parking space within the development area. 2 "Bedroom" means any habitable room other than a kitchen, bathroom, hallway, dining room, or living room, containing four walls and provides privacy.
3 Guest spaces shall be located within the development project area. A parking allocation plan demonstrating guest parking location in relation to the unit served may be required as part of the Site Development Permit.
(1) Alternative parking plans. It is recognized that unusual single- and multiple-family projects may warrant alternative parking schemes. In cases where the applicant proposes an alternative parking design or allocation, a parking allocation plan shall be prepared and processed via a site development permit in accordance with the provisions of § 9-1-62.
(2) RV parking in garages. For single-family dwellings, one garage space may be occupied by a recreation vehicle, provide the vehicle is maintained in working condition at all times. (D) Size of parking spaces.
(1) Each required covered off-street parking space fo r single-family dwellings shall be in a garage or carport a minimum of ten feet in width and 20 feet in length of unobstructed area. In garages or carports containing two or more side-by-side parking spaces, the required minimum width may include the exterior walls or supports of the structure, provided minimum unobstructed dimensions of nine feet in width and 18 feet in length are met.
(2) Uncovered off-street parking spaces shall be a minimum of nine feet in width and 18 feet in length. In measuring the length of paving required for uncovered parking spaces, allowance may be made for
vehicular overhang beyond the bumper or tire stop if such overhang does not interfere with screening or pedestrian use, except as provided under division (I)(3) below. (3) When a side of any spac e abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than otherwise required by this section.
(4) Uncovered parallel parking spaces adjoining privat e accessways shall be not less than eight feet in width and 18 feet in depth, with a minimum of eight feet separating each pair of such parking spaces as shown in figure 6-1 in § 9-1-64.
(E) Driveway widths.
(1) Single-family residence driveways shall be paved to a minimum of ten feet in width from the access street or alley to the garage maneuvering area.
(2) Driveways providing access to garages, carports and uncovered parking areas serving two dwelling units shall be paved to a minimum of 16 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces. (3) Driveways providing access to garages, carports and uncovered parking areas serving three or four dwelling units shall be paved to a minimum of 20 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces. (4) (a) Driveways providing access to garages, carports and uncovered parking areas serving five or more dwelling units shall be paved to a minimum of 24 feet wide, except when a wider width is required for maneuvering area in front of the garages, carports or uncovered parking spaces. (b) Additional width may be required as necessary to provide transition to a driveway approach. (F) Maneuvering areas. Maneuvering areas for access into and out of garages, carports and uncovered parking spaces shall have minimum widths as follows.
(1) Garages and carports shall have 28 feet of unobs tructed area, measured from the garage or carport entry.
(2) Uncovered parking shall have 24 feet of unobstructed area, measured from the outward end of the parking stall.
(G) Location of residential parking spaces.
(1) Assigned spaces shall be located within the development project area they serve. (2) A parking allocation plan demonstrating guest parkin g location in relation to the unit served may be required as part of the site development permit.
(H) Roadway widths for single-family dwellings.
(1) Table 6.2 below shows required roadwa y widths for single-family dwellings:
TABLE 6.2: REQUIRED RESIDENTIAL ROADWAY WIDTHS
Roadway Width* for
Access to:
Parking One Side (feet) Parking both Sides (feet)
1—17 units 28 36
18—42 units 30 36
43—100 units 34 40
* Curb-to-curb, or flowline-to-flowline if there is no curb.
(2) Roadways less than 36 feet wide shall allow on-street parking on one side of the roadway only.
Roadways must be 36 feet wide or greater to allow on-street parking on both sides of the roadway. (3) There shall be a minimum separation of two feet between any side property line and any driveway, including the driveway flair.
(4) Other roadway and driveway details sha ll conform to the latest edition of the City’s Standard Plans. (I) Design of common parking areas. Common off-street parking areas, including multiple garages and carports serving five or more dwelling units, shall comply with the following. (1) The off-street parking area shall be designed so th at a vehicle within the parking area will not have to enter a street to move from one location to any other location within that parking area. (2) Parking and maneuvering areas, including garages and carports, shall be designed so that any vehicle can leave the parking area and enter into the nearest street traveling in a forward direction. (3) Curbs or tire stops shall be pr ovided at the end of each uncovered parking space along any property line abutting a public walkway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into the public right-of-way. (J) Location of driveway on corner lot.
(1) When a building site abuts two intersecting streets, the driveway approach shall be located within the half of either street frontage that is farthest from the intersection of the two streets. (2) If one of the intersecting streets is an arterial highway, the driveway approach shall be off the other street.
(K) Screening. Uncovered residential parking facilities containing five or more spaces shall be screened in accordance with the nonresidential screening requirements of § 9-1-45.4. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 51, passed 8-3-21) § 9-1-64 Parking facility design standards.
(A) Parking design illustrations.
FIGURE 6.1
FIGURE 6.2
PARKING FACILITY DESIGN REQUIREMENTS
Two-Way
Aisle
Width:
Min. 25'
+
ACCESSWAYS AND PARKING AISLES
D 11 llifJ
Min. OiSUlnCO:
See Subsee . 9 -1-85(d)
PARALLEL PARKING
8'
18' 8' 18' 18' 8' 18' •,,:: • ........_Ultimate
t---,~~~,,__~~~- ·- ~·· ·-1· C<rl>UM
25' 30' $
Min. al
18' 8' 18' 18' 8' 18'
8'
9'
♦ 1-18'
r,:::-,
~ >- 9'-
Curb
,,., I ~
-I 18'
FIGURE 6.3
PERMITTED VEHICLE OVERHANG
18' Clear
16' Min.
PERMITTED
18' Clear
NOT PERMITTED
Pedestrian
Walkway
18' Clear
16' Min. ·I)\
Slope/
(B) Minimum parking aisle width for one-way traffic.
TABLE 6.3: MINIMUM PARKING AISLES FOR ONE-WAY TRAFFIC
PARKING ANGLE (DEGREES) AISLE WIDTH (FEET)
0—44 14.0
45—49 15.0
50—54 16.0
55—59 17.0
60—64 18.0
65—69 19.0
70—74 20.5
75—79 22.0
80—90 25.0
(C) Minimum parking aisle width for two-way traffic. For two-way traffic, aisle widths and maneuvering areas shall be a minimum of 25 feet wide.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 52, passed 8-3-21) § 9-1-65 Nonresidential parking requirements.
(A) Applicability. The following off-street parking requirements are applicable to all uses other than the residential uses set forth in § 9-1-63, and are in addition to the general requirements set forth in § 9-1-61:
(B) Size of parking spaces.
(1) All covered or uncovered off-street parking spaces, ex cept as otherwise noted in this division (B), shall be a minimum clear unobstructed nine feet in width and 18 feet in length. (2) Parking spaces parallel to a curb may be eight feet in width and 18 feet in length, with a minimum of eight feet separating each pair of such parking spaces.
PARKING GRADE REQUIREMENTS
(1) ACCESSWAY GRADE AT STREET R/0/W
f\_ of, \--,1\a'I-• - -~
Street !~in~./.. _~ccessways
18' Min.
(2) DRIVEWAY OR PARKING STRUCTURE RAMP
I
: Ramp Slope : :
I 8' Min. ',___M_ax_. 2_0_'Yc_o~~• _8'_M_i_n_.,..'
Transition Ramp Transition
Slope Slope
Transitions Required Only if Ramp
Slope Exceeds 1 0%
(3) MAXIMUM PARKING STALL AND
PARKING AISLE GRADES
!
Max. 5% Gradel F='--'--'-';_:_;,;;.;.:~,e----------1-- - Profile Parking Parking
Stall Aisle
j.- Max. 2% for Retail Commercial-<j
~------) 1 2S' t::j -Plan
rtt-M-_ax ____ -3°-~-~-~-/.a-d-e--==---jtj View
Max. 2% for Retail Commercial
(3) When a side of any spac e abuts a building, fence, support column or other obstruction which interferes in any way with access to a motor vehicle, the space shall be a minimum of two feet wider than the standard required width.
(4) In measuring the length of paving required for uncovered parking spaces, allowance may be made to accommodate vehicular overhang beyond a continuous, unbroken concrete curb, if such overhang does not interfere with screening or pedestrian use, except as provided under division (C)(4) below (also, see figure 6.2 in § 9-1-64 for examples of permitted overhang). (C) Parking facility design.
(1) Off-street parking facilities shall be designed so that a car within a facility will not have to enter a street to move from one location to any other location within that parking facility. On industrial or office sites, separate noncontiguous parking facilities may be provided with independent entrances for employee and visitor parking, provided the designated use is clearly identified on all plot plans or site plans submitted for permits.
(2) Parking and maneuvering areas shall be arranged so that any vehicle can leave the parking area and enter into an adjoining vehicular right-of-way traveling in a forward direction. (3) Dead-end parking aisles shall have a designated turn around area, or hammer head to allow a three- point turn for exiting.
(4) Continuous, unbroken concrete curbs shall be provided along any abutment to a pedestrian walkway, access or driveway, street or alley, except where screening is positioned, to ensure that the motor vehicle will not extend into these areas.
(5) The point of exit or entry from any off-street park ing space shall not be closer than 20 feet from the curb face of the ultimate curbline at a street opening. (6) All paved parking stalls, except parallel spaces, wh ich may use a single line, shall be clearly outlined with double or hairpin lines or special paving techniques on the surface of the parking facility. (See figure 6.1 in § 9-1-64).
(7) All parking spaces shall be located so as to be wi thin proximity to the use they are intended to serve.
Distribution of parking in multitenant centers should be in reasonable proximity to the uses they are intended to serve. As a general guideline the spaces should not be located greater than 500 feet from the use served. It is recognized that for larger retail buildings and centers this guideline may not be met.
(D) Parking accessways.
(1) Parking accessways are those driveways that provide ingress or egress from a street to the parking aisles, and those driveways providing interior circulation between parking aisles. No parking is permitted on an accessway.
(2) Accessways shall conform to the following standards:
(a) All parking facilities taking access from a major, primary or secondary arterial shall have a parking accessway between the arterial and the parking aisles.
(b) Parking accessways from arterial highways shall not have parking spaces taking direct access therefrom and shall not be intersected by a parking aisle or another parking accessway for a minimum distance of 30 feet for projects with zero to 200 parking spaces, 50 feet for projects with 201 to 350 spaces, 70 feet for projects with 351 to 450 spaces, and 90 feet for projects with 451 spaces or more. All distances shall be measured from the curb face of the ultimate curbline of the adjacent street. (c) Parking accessways from nonarterial highways shall be not less than 20 feet in length from the ultimate curbline of the adjacent street.
(d) One-way accessways shall have a minimum width of 15 feet, unless the accessway is a fire lane, which requires a minimum of 20 feet.
(e) Two-way accessways shall have a minimum width of 28 feet. (E) Parking aisles. Parking aisles are driveways which provide direct access to parking spaces. Parking aisles shall have a minimum width of 14 feet as provided in table 6.3 in § 9-1-64. In no case shall the parking aisles for two-way traffic be less than 25 feet in width.
(F) Number of required parking spaces.
(1) The minimum number of off-street parking spaces required shall be in compliance with the listed requirements set forth for each category of land use in § 9-1-66. (2) Whenever any commercial or industrial use is located on a building site that is also used for residential purposes, parking facilities shall be provided for the residential use as required, in addition to the parking required for the nonresidential use or uses.
(G) Landscaping. Landscaping of parking areas shall be provided in accordance with the provisions of the applicable land use district regulations. In all cases, space within the off-street parking area not utilized for driveways, maneuvering areas, parking stalls or walkways shall be landscaped. Landscaped areas shall be separated from paved driveways, parking space and maneuvering areas by a minimum six-inch-high barrier. (H) Screening. Open parking spaces and parking structures shall be screened in accordance with § 9-1-45.4.
Screening shall be located adjacent to the inside edge of any required boundary landscaping and to the outside edge of the paved parking area when there is no landscaping. (I) Vehicular access. Any site development permit, use permit or coastal development permit for development in nonresidential districts shall be in substantial conformity with the following. (1) The first street opening from an intersection sh ould be a minimum of 110 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets. (2) The second street opening should be a minimum of 300 feet from the point of intersection of the ultimate right-of-way lines of the abutting streets.
(3) Any additional street openings sh ould be a minimum of 300 feet, from center to center, from any other street opening.
(4) There should be a minimum distance of 22 feet, measured at the ultimate property line, between a street opening in these districts and any existing street opening in any other district. (J) Joint use of parking facilities. Land uses on abutting building sites may share common parking facilities, provided the following requirements are met.
(1) Parking facilities shall be within the same or contiguous shopping center, or within 300 feet of the entry point of the uses they serve, and a pedestrian pathway shall be provided as a means for pedestrian linkage between adjacent land uses and uses within the parking facility. (2) A detailed parking plan, showing all common parkin g facilities, building square footage, and tenant spaces participating, shall be approved by the Community Development Director. (3) Adequate assurance shall be provided to guarantee that required parking will continue to be maintained in compliance with the applicable provisions of this section. (4) If the abutting building sites are in separate ownerships, the common parking plan and guarantee of parking availability required by this division (J) shall be recorded with the county recorder. (5) For shopping centers, please refer to § 9- 1-66(B) and (C) for shared parking provisions. (K) Motorcycle parking facilities.
(1) Motorcycle parking areas shall be provided at a rate of 50 square feet per space. (2) Motorcycle parking areas shall be provided for all nonresidential uses at the following rate. (a) Uses with 25-99 automobile park ing spaces shall provide one designated area for use by motorcycles. (b) Uses with more than 100 automo bile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parking area for every 100 automobile parking spaces or fraction thereof provided. (c) Motorcycle parking areas requir ed by this division (K) shall count toward fulfilling automobile parking requirements.
(L) Bicycle parking facilities. The minimum bicycle parking requirements for uses in the city are as follows. (1) Land uses that are required to provide bicycle park ing equal to 3% of the total required parking spaces, as set forth in § 9-1-66, include: Video and game arcades, bowling alleys, cinemas/movie theaters, commercial recreation, health clubs, libraries, schools, and skating rinks. (2) Land uses that are required to pr ovide five bicycle parking spaces include: Banks, churches, clubs/halls, hospitals, restaurants (all categories).
(3) Land uses that are required to provide bicycle parking equal to one space for each 25,000 square feet of gross floor area include all office uses (governmental, general, medical, financial). (4) In addition to the preceding requirements, retail centers shall provide five bicycle parking spaces for each major tenant having over 20,000 square feet of gross floor area. The spaces shall be provided at or near the major tenant's main entry.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2019-197, § 3, passed 6-4-19; Ord. 2021-210, § 53, passed 8-3-21) § 9-1-66 Nonresidential spaces required by use.
(a) Minimum requirements.
(1) All land uses shall provide off-street parking in compliance with the requirements of this section, unless modified by the provisions contained in § 9-1-62.
(2), The off-street parking requirements listed in table 6.5 below are the minimum requirements for each specific use.
(3) It shall be the responsibility of the developer, owner or operator of any specific use to provide adequate off- street parking even though such parking may be in excess of the minimum requirements set forth in this section.
(4) The decision-making authority may impose such additional parking requirements if it finds that a parking study or other empirical data has demonstrated that additional parking spaces are required for a specific use or mix of uses.
(B) Major shopping centers (shared parking model).
(1) (a) Notwithstanding the individual parking space requirements identified in Table 6.5, it is recognized that the parking demand for major shopping centers, centers with 400 parking spaces or more and a mix of three or more commercial uses (e.g., office, restaurant, retail, service, fitness, cinema, etc.), typically varies between individual businesses, and that the total demand typically decreases as development size increases. (b) In these situations, allowing for "shared parking" results in fewer total parking spaces needed when compared to the total number of spaces needed for each land use or business independently. (2) Recognizing this, the following provisions apply.
(a) If the overall parking space requirement for a major shopping center, per table 6.5, is greater than the cumulative number of spaces provided, a discount of up to 25% of the required overall number is permitted.
(b) Parking discounts in excess of 25% for a major shopping center require the approval of a site development permit pursuant to the provisions of § 9-1-62. (C) Neighborhood centers. For shopping centers with less than 400 parking spaces, if the overall parking space requirement, per table 6.5, is greater than the cumulative number of spaces provided, then an application may be made for a site development permit pursuant to the provisions of § 9-1-62. (D) If number of spaces not specified. If no provisions for the required number of off-street parking spaces are set forth in the table 6.5 following, or the provisions are not clear for any use, the community development director shall determine the number of off-street parking spaces required.
TABLE 6.5: NONRESIDENTIAL PARKING SPACES BY LAND USE
LAND USE MINIMUM OFFSTREET PARKING
REQUIREMENT
ADDITIONAL REQUIREMENTS
ASSEMBLY USES:
Auditoriums, theaters (not
including cinemas)
1 space per 3 seats or 1 space per
35 square feet of gross floor area,
where there are no fixed seats
18 linear inches of bench shall be
considered a fixed seat
Bars, pubs and cocktail lounges 10 spaces per 1,000 square feet of gross floor area including
indoor/outdoor seating areas
A description of the proposed
operational characteristics and a
parking study may be required to
determined precise rates within
the range specified
AUTOMOTIVE USES:
Churches, temples and other
places of assembly not specified
elsewhere
1 space per 3 seats within the
main auditorium, or 1 space per
35 square feet of gross floor area
within the main auditorium where
there are no fixed seats, plus
required parking for other uses on
the site
18 lineal inches of bench shall be
considered a fixed seat Additional
parking will be required at the
rate of 1 space per 3 seats or 1
space per 35 square feet of gross
floor area for other auditoriums,
assembly halls or classrooms that
will be used concurrently with the
main auditorium. The additional
parking will be required for the
ancillary uses if used at different
times than the main auditorium
Cinemas (single- and multi-screen) 1 space per 3 seats, plus 5 spaces for employees
Clubs, lodge halls and union halls
(not including health clubs)
1 space per 35 square feet of
gross floor area within the main
auditorium, plus required parking
for other uses on the site
Dance halls 1 space per 7 square feet of dance
floor area, plus 1 space per 35
square feet of additional gross
floor area
Mortuaries and funeral homes 5 spaces plus 250 square feet of usable and accessible paved
parking area for every 25 square
feet or fraction thereof of
assembly room floor area
Senior centers 1 space per 125 square feet
Automobile (motor vehicle)
repair/garages
1 space per 300 square feet of
gross floor area, but not less than
5 per business
Automobile Service Stations:
(1) Without retail sale of
beverage and food items
1 space per 250 square feet of
gross floor area, plus 2 spaces per
service bay
Gross floor area shall be defined
as all areas which are fully
enclosed and shall include retail
area, restrooms, storage and
mechanical areas, service bays,
and cashier's booth
(2) With retail sale of beverage
and food items
10 spaces, plus 1 space per 250
square feet of gross floor area,
plus 2 spaces/service bay
AUTOMOTIVE USES:
Automobile, truck, boat, similar
vehicle sales or rental
establishments
3.5 spaces per 1,000 square feet
of office area plus, 1 space per
1,000 square feet of
indoor/outdoor auto sales/display
area, plus 1 space per 300 square
feet of gross floor area for
repair/service areas, plus 2 spaces
per service bay
Car washes:
(1) Full-service 16 spaces; fuel, vacuuming and
drying queuing area shall not be
used for required spaces
Applicant may be required to
submit a parking study, which
includes a stacking analysis for the
proposed facility
(2) Self-service 5 spaces per 2 washing stalls (a
wash stall shall not count as a
parking space)
GENERAL COMMERCIAL USES:
Banks, savings and loans, credit
unions and other financial
institutions
1 space per 200 square feet of
gross floor area
Stand alone rate
Barbershops 2 spaces per chair
Beauty parlors/hair salons 3 spaces per station
Dry cleaners 1 space/200 square feet gross
floor area
Hotels 1 space per unit or bedroom,
whichever is more restrictive, plus
spaces required for ancillary uses
Applicant may be required to
submit a parking study
Laundromats
Within retail commercial or
shopping center
1 space per 3 machines
1 space per 200 square feet gross
floor area
A washer/dryer combination is
considered one machine
Lumberyards, nurseries 1 space per 500 square feet of
gross floor area for retail sales,
I
plus 1 space per 1,000 square feet
of open area devoted to display or
sales, plus 1 space per 2
employees
Motels 1 space per unit or bedroom,
whichever is more restrictive plus
1 employee space per 10 guest
rooms, plus 2 spaces for any
manager's unit, plus spaces
required for ancillary uses
If ancillary uses are proposed, a
parking study may be required
Personal service establishments,
including tanning salons, nail
salons, massage services or uses
of a similar nature
3 spaces per station
RESTAURANTS:
(1) Drive-in Special design requirements for
drive thru which may require a
traffic/circulation study, are
reviewed through the Use Permit
process. Stacking lanes shall be
located so that they do not serve
as entryways to parking spaces
(2) Retail food 5 spaces per 1,000 square feet of
gross floor area including
indoor/outdoor seating areas
Restaurants up to 4,000 square
feet
10 spaces per 1,000 square feet of
gross floor area including
indoor/outdoor seating areas
Restaurants over 4,000 square
feet
40 spaces plus 1 space per each 80
square feet above 4,000 square
feet of gross floor area, including
indoor/outdoor seating areas
RETAIL COMMERCIAL:
(1) General retail uses, including
supermarket, delicatessen,
bakery, ice cream store and candy
store, (not included are
restaurants, medical office,
general office, financial and
cinema)
1 space per 200 square feet of
gross floor area
If retail food uses are proposed
which include seating, refer to
restaurant, retail food
(2) Discount stores 1 spac e per 125 square feet of
gross floor area
Discount stores are free-standing
stores; they usually offer few
services, centralized cashiering,
and a wide variety of products;
they are often the only store on a
site, but can also share facilities or
function as part of a community
shopping center; discount stores
conduct both retail and wholesale
operations
(3) Furniture and appliances 1 space per 500 square feet of gross floor area
EDUCATIONAL FACILITIES:
Day care/nurseries, including pre-
schools and nursery schools
1 space per staff member plus 1
space per 5 children or 1 space
per 10 children if adequate drop-
off facilities are provided
Applicant may be required to
submit a stacking analysis to
define an adequate drop-off
facility that accommodates a
continuous flow of passenger
vehicles to safely load and unload
children
Libraries 1 space per 300 square feet of
gross floor area
Schools:
(1) Elementary and junior high 2 spaces/classroom
(2) Senior high schools 1 space per faculty member and employee, plus 1 space per 6 full-
time equivalent students regularly
enrolled
(3) Colleges, universities and
institutions of higher learning
1 space per 3 full-time equivalent
students, plus 1 space per 2
faculty and employee members
(4) Trade schools, business
colleges and commercial schools
1 space per 3 student capacity of
each classroom plus 1 for each
faculty and employee member
HEALTH CARE FACILITIES:
Animal/veterinary hospitals and
clinics
1 space per 200 square feet of
gross floor area, exclusive of
overnight boarding areas
Congregate care facilities serving
more than 12 persons
1 space per unit
Convalescent and nursing homes,
homes for the aged, rest homes,
children's homes and sanitariums
1 space per 4 beds, per the
resident capacity of the home, as
listed on the required license
Hospitals 1.75 spaces per bed Applicant shall submit a parking study that addresses parking for
the hospital
INDUSTRIAL USES:
Industrial Parks, R&D:
(1) Manufacturing, research
assembly, packaging, wholesaling
1 space per 500 square feet
(maximum 10 percent office area)
If use is not identified at the time
of application, the parking shall be
based on the manufacturing,
research, assembly, packaging and
wholesaling ratio.
(2) Warehousing and distribution
uses
1 space per 1,000 square feet
(maximum 10 percent office area)
(3) Outside uses: Storage,
wrecking/salvage and lumber
yards
1 space per 1,000 square feet, but
no less than 5
(4) Offices 4 spaces per 1,000 square feet for
office square footage which
exceeds 10% of gross floor area
General manufacturing/industrial
uses
1 space per 500 square feet of
gross floor area (maximum 10
percent office area)
(5) Mini-storage facilities:
a. Single-story
b. Multistory
1 space per 5,000 square feet
1 space per 2,000 square feet plus
2 spaces for any caretaker's unit
Storage yards in connection with
contractor's business, salvage
yard, junkyard, automobile
wrecking yard
6 spaces that shall be separated
from the enclosed storage area
Warehouses, storage buildings or
structures used exclusively for
storage
1 space per 1,000 square feet of
gross area for storage purposes
Wholesale establishments and
warehouses not used exclusively
for storage
1 space per 500 square feet of
gross floor area, excluding that
area devoted to office or sales,
plus 1 space per 250 square feet
of office or sales area
General, other than medical or
dental
4 spaces per 1,000 square feet of
gross floor area
Rates are for office uses only; if
ancillary uses are included, such
as financial institutions,
restaurants or retail
establishments, parking for these
uses must be provided per the
prevailing rates
Medical clinics or offices, dental
clinics or offices
6 spaces per 1,000 square feet of
gross floor area
RECREATIONAL USES:
Arcades, game, and rentals 1 space per 200 square feet of gross floor area
Billiard halls 2 spaces per billiard table plus
required parking for other uses on
the site
Bowling alleys 5 spaces per alley plus required
parking for other uses on the site
Golf Uses:
(1) Driving ranges 1 spac e per tee, plus the spaces
required for additional uses on the
site
(2) Pitch and putt and miniature
golf courses
3 spaces per hole, plus the spaces
required for additional uses on the
site
(3) Regulation courses 8 spaces per hole, plus the spaces required for additional uses on the
site
Handball/racquetball facilities 1.5 spaces per court plus the spaces required for additional
uses on the site
Health clubs and spas 1 space per 150 square feet of
gross floor area (for purposes of
this Section, swimming pool area
shall be counted as floor area)
Applicant shall submit a parking
study that addresses parking for
the facility
Shooting ranges 1 space pe r shooting station plus 5
for employees
Skating rinks, ice or roller 1 space per 100 square feet of gross floor area, plus the spaces
required for additional uses on the
site
Stables, commercial Sufficient area, treated to prevent dust, to provide for the needs of
employees, but not the needs of
customers but not less than 1
accessible space for each 5 horses
kept on the premises
Swimming pools, commercial 1 space per 500 square feet of gross enclosed area, plus the
spaces required for additional
uses on the site
Tennis clubs, commercial 3 spaces per court, plus the spaces required for additional uses on the
site
MISCELLANEOUS USES:
Model home sales complexes 10 spaces
Public utility facilities including,
but not limited to, electric, gas,
water, telephone and telegraph
facilities not having business
offices on the premises
1 space per employee plus 1 space
per vehicle used in connection
with the facility
Applicant may be required to
submit a study addressing parking
for the facility
Timeshare condominiums and
timeshare hotels
1.5 spaces per dwelling unit
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2019-197, § 3, passed 6-4-19; Ord. 2021-210, § 54, passed 8-3-21) § 9-1-67 Electric vehicle charging stations.
(A) An application for the installation of electric vehicle charging stations shall be processed, reviewed, and permitted in accordance with Title 8, Chapter 1, Subchapter 12.
(B) Each EV charging space provided in a parking ar ea counts as one space toward the minimum number of parking spaces required in §§ 9-1-63 and 9-1-65, provided that each EV charging space complies with the following design and development standards:
(1) Each EV charging space shall in clude a posted sign and painted curb, or ground markings, indicating that the space is exclusively for EV charging purposes. (2) EV charging equipment shall not obstruct any Americans with Disabilities Act (ADA) compliant sidewalk, entrance, curb-cut, or ramp, while in use or otherwise. (3) Sufficient lighting shall be provided, at a minimum illumination level of two (2) footcandles (fc) and a maximum of three (3) fc, to enable the EV charging equipment to be used at night. The lighting height and shielding shall conform to §§ 9-1-45.14(2)(b) and (C)(2)(d), respectively. (4) The EV charging station shall no t exceed a maximum height of eight (8) feet tall and maximum width of four (4) feet.
(5) All cables and conduits shall be installed, laid, or otherwise placed beneath the ground surface. Above- ground cables and conduits are prohibited.
(6) EV charging equipment shall be free of any commerc ial signage, animated or flashing screens, or other displays utilized for advertising purposes.
(7) EV charging stations, including dispensers and ancillary equipment, shall comply with the following location and aesthetic requirements:
(a) EV charging stations shall be installed, located, or otherwise positioned in such a manner as to ensure that they are not visibly obtrusive as viewed from any public rights-of-way, including public streets and sidewalks.
(b) Ground equipment shall be fully concealed within a solid wall enclosure that is located outside of the designated boundary landscape areas and painted and designed in a manner that complements and harmonizes with the adjacent building structures. Small ground equipment, less than 20 square feet in footprint area and not exceeding a maximum height of four feet, shall be exempt from the requirement to be concealed within an enclosure. The square footage of the equipment footprint area shall be calculated by drawing a single contiguous shape around all proposed ground equipment.
(c) The applicant may propose an alternative to th e wall enclosure for screening purposes, subject to the approval of the community development director. Such a request may be considered when it is assessed that the dimensions or location of the wall enclosure could result in increased visual intrusion, and diligent efforts are made to conceal or visually minimize ground equipment through alternative screening measures.
(Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
§§ 9-1-68—9-1-69 Reserved.
ARTICLE 7. SIGNS
§ 9-1-70 Purpose and intent.
The purpose of this article is to implement the goals and policies of the general plan by:
(A) Encouraging sound signing practices to provide business and directional information to the public;
(B) Providing for signs which effectively identify bu sinesses and other establishments via a limited number of clear readable signs, while preventing excessive and confusing sign displays; (C) Providing for signs which focus on identifying businesses by name and/or type of establishment (such as "John's Market") as opposed to goods or services offered (such as "beer, wine", etc.); (D) Reducing traffic hazards and promoting the public health, safety and welfare by minimizing visual competition among signs;
(E) Providing for signs which incorporate high qua lity design and materials and which harmonize with surrounding buildings and streetscapes; and
(F) Providing minimum standards to safeguard and enhance property values and protect public and private investment in buildings and open spaces.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71 General provisions.
All references to this § 9-1-71.1 shall include §§ 9-1-71.1 through 9-1-71.8. This section sets forth general provisions regulating such items as the placement, design, illumination, and measurement of signs. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.1 General procedures.
(A) Applicability. Signs in the city, including exempt, permanent, and temporary signs and holiday displays, are subject to the general procedures of this section. If the community development director determines that a staff-reviewed sign does not conform to one or more of the general provisions set forth in this section, the applicant shall be given the option of modifying the sign or applying for a minor adjustment. (B) Interpretation of provisions. Where a matter of interpretation arises regarding the provisions of this article, the more specific definition or more rigorous standard shall prevail. Whenever the director determines that the application of any provision of this article is uncertain, the interpretation shall be referred to the planning commission for determination.
(C) Maintenance. Any sign displayed within the city, together with supports, braces, guys, anchors, and electrical components, shall be maintained in good physical condition, including the replacement of defective parts.
Exposed surfaces shall be kept clean, in good repair, and painted where paint is required. The director may order the repair or removal of any sign determined by the director to be unsafe, defective, damaged, or substantially deteriorated.
(D) Changes to existing signs. Changes in the sign face and/or sign copy of any existing sign, other than normal maintenance, shall be approved by the community development director to ensure that the new sign face and/or sign copy is consistent with the sign design criteria set forth in § 9-1-71.4 and any applicable sign program.
(E) Inspection. All sign owners and users shall permit the periodic inspection of their signs by the city upon ten days’ notice.
(F) Specific plan standards to apply. Signs to be located within the boundaries of a specific plan or other special design approval area shall comply with any criteria established by such plan or area. (G) Non-commercial signs. Signs shall be permitted in the city in accordance with this article. In each instance and under the same conditions in which this article permits any sign, a non-commercial sign constructed to the same physical dimensions and characteristics shall be permitted in lieu of that sign.
(1) The foregoing notwithstanding, signs containing ideological, political or other non-commercial messages shall not be permitted in lieu of a directional, warning, or informational signs required by or authorized by law or by a governmental authority and traffic control signs on private property with messages, such as "Stop" and "Yield," and similar signs, the face of which meet California Department of Transportation standards and bear no commercial message of any sort. (2) For purposes of this article, no n-commercial means a sign containing an ideological, political, or other message not relating to a commercial transaction.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2024-229, § 2, passed 5-21-24) § 9-1-71.2 Purpose of signs to be identification.
Commercial signs shall serve primarily to identify the name of the business or other activity on the premises rather than to advertise any product, service, or brand name. Brand names shall only be included in sign copy if the decision-making authority determines that such a name is integral to identification of the business (for example, a sign for an auto dealership).
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.3 Sign placement.
(A) Traffic safety. No sign shall be located or designed in such a manner as to obstruct free and clear vision of pedestrian and vehicular traffic.
(B) Corner cutoff setback. In order to preserve sight lines for safety purposes, free-standing signs shall not be located within a corner cutoff area for fences as identified in § 9-1-35.2. (C) Off-premise signs. All signs shall be located on the same premises as the land use or activity identified by the sign unless specifically permitted to be off-premise in this article. (D) Utility lines. No sign shall be located closer to overhead utility lines than the distance prescribed by state law or by the rules promulgated by agencies of the state or by the applicable public utility. (E) Public right-of-way. No sign shall be located within, over, or across a public right-of-way unless specifically permitted in this article.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.4 Sign design criteria.
The following design criteria shall be used in reviewing sign applications to determine compliance with the purpose and intent of this article.
(A) Colors. Sign colors shall complement the colors used for the buildings and the project as a whole.
Colors or color combinations which interfere with legibility of the sign copy or which interfere with viewer identification of other signs shall not be used. Fluorescent, "day-glo," and similar colors shall not be used.
(B) Materials. Signs shall be made of durable materials which are compatible in kind and/or appearance to the building facades supporting or identified by the sign. Such materials may include, but are not limited to, tile, sandblasted wood, individual channel and reverse channel ("halo" lighted) letters, "push-through" lettered signs, and concrete or stucco monument signs with recessed or raised lettering.
(C) Plastic-faced signs. Except for individually-mounted channel letters or changeable copy signs such as theater marquees, internally-lighted translucent plastic-faced can signs shall not be used. However, such plastic-faced signs may be approved if existing similarly-situated and sized signs on the same building are also plastic-faced. In such cases, light-colored letters on a dark or opaque background shall be used. In addition, can signs with opaque backgrounds, such as those with fiberglass faces, may be used for individual project tenants if approved by the decision-making body. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00) § 9-1-71.5 Sign illumination.
(A) General limitation. Illumination from or upon any sign shall be shaded, shielded, directed, or reduced so as to avoid undue brightness and limit glare or reflection of light onto residential property in the surrounding area. "Undue brightness" means illumination in excess of that which is reasonably necessary to make the sign readable to the average person. Externally-illuminated signs shall be lighted by screened or hidden light sources.
(B) Building-mounted signs. Building-mounted identification signs shall be externally illuminated except for individually-mounted channel and reverse channel letters and permitted changeable copy signs, such as theater marquees. Translucent plastic-faced can signs shall not be used. (C) Free-standing signs. Free-standing identification signs shall be externally illuminated except for individually- mounted channel and reverse channel letters, "push-through" letters, opaque background signs which give the appearance of individual channel letters, and permitted changeable copy signs, such as theater marquees. Translucent plastic-faced can signs shall not be used. (D) Neon. Neon illumination may be used for building-mounted signs if consistent with the design and architecture of the building. Neon shall not be used on freestanding signs, except in conformity with an approved sign program. Also, 60 milliamp transformers shall not be used on neon-lighted signs within 200 feet of residentially-zoned property.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.6 Logos and graphics.
(A) Corporate logos and graphics may be used in conjunction with wall signs, up to a maximum of 25% of the permitted sign area, if the decision-making authority determines that the design of the logo provides for individual channel-type construction and that such logos are harmonious in scale, form, materials, and colors with project buildings, walls, and other structures. (B) All copy and graphics within the logo shall be individual letters or forms. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.7 Landscaping of free-standing signs.
(A) As part of their design, all free-standing signs shall include landscaping and/or hardscaping around the base of the sign, at a minimum ratio of two sq. ft. for every square foot of sign area, so as to protect the sign from vehicles, improve the appearance of the installation, and screen light fixtures and other appurtenances.
(B) The sign owner shall maintain all landscape areas in a healthy and viable condition. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-71.8 Measurement of sign height and area.
(A) Measurement of sign height. Sign height shall be measured as follows. (1) Building-mounted signs. The height of a building-mounted sign shall be measured at the sign's mid- point, from finish grade to the top of the sign.
(2) Free-standing signs. The height of a free-standing sign shall be measured at the sign's mid-point, from finish grade to the top of the sign. However, in cases where the director determines that the visibility of a free-standing sign is impeded due to its placement below the elevation of the street to which it is oriented, the director may measure maximum sign height from the top of curb of the street (or the edge of pavement of such street where there is no curb) or from such other appropriate reference point as determined by the director.
(B) Measurement of sign area. Sign area shall be measured as follows. (1) Basic rule. Sign size or area shall be defined as the total area of the sign face, including non-structural perimeter trim but excluding structures or uprights on which the sign is supported. (2) Window signs. Window sign area shall be considered to be the entire area of any sign placed on or inside a window which is not painted directly on the glass. For signs painted directly on the glass, area measurement shall be the same as that for individually-lettered wall signs, following. (3) Wall signs. The area of signs composed of individual letters affixed to a building, garden, retaining, or other wall shall be defined as the area which encloses all copy, logos and graphics on the wall with four, six or eight perpendicular lines.
(4) Double-faced signs. If a sign is double-faced with only one face visible from any ground position at one time, its sign area shall be considered to be the area of either face taken separately. Thus, if the maximum permitted sign area is 20 sq. ft., a double-faced sign may have an area of 20 sq. ft. per face. (5) Three-dimensional signs. If a sign has three or more faces, its sign area shall be considered to be the sum of the areas of each individual face. Thus, if a sign has four faces and the maximum permitted sign area is 20 sq. ft., the maximum area for each face shall be limited to five sq/ft. (6) Separated-panel signs. The sign area of open, separated panel, or "ladder" signs, i.e. those signs having empty spaces between copy panels, shall be considered to be the entire area encompassed by the sign face, including the empty spaces between panels.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-72 Permitted signs in nonresidential districts.
(A) Permitted signs. Signs identified in table 7-1 below are permitted in nonresidential districts subject to the provisions of this section. (B) Tenant or building frontage. For the purposes of this article, tenant or building frontage means the side of a building facing a parking lot, public or private street, driveway entrance, or freeway right-of-way.
(C) Awning signs. For the purposes of this article, any signage incorporated into an awning shall be considered a building-mounted sign.
TABLE 7-1. PERMANENT SIGNS PERMITTED IN NONRESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Signs not visible from any street or parking lot are exempt from the limitations set forth below.
ID means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type and Placement Maximum
Number
of Signs
Maximum Area Max. Height Illumination Additional
Requirements
Free-standing identification signs for commercial, office and other business uses.
Free-standing monument ID signs:
For commercial, office, or other
businesses or complexes. (Free-
standing signs shall not be located
within 5' of a street right-of-way
and shall not interfere with sight
distance restrictions.)
1 per street
frontage if the
bldg. site
frontage is 100
feet or more.* If
frontage
exceeds 400
lineal feet, the
planning
commission may
approve
additional free-
standing signs
as part of a sign
50 sq/ft per
sign*
6 ft. External, except
for channel and
reverse channel
letters, "push-
through" letters,
and opaque
background
signs which give
the appearance
of individual
channel letters
Approval of site
development
permit required
unless sign is
consistent with
previously-
approved sign
program or
master site
development
permit.
program per
section 9-1-76.
* Signs on decorative garden walls or retaining walls (e.g. curved, angled or similar walls integrated into a project entry or perimeter) are encouraged. In cases where such walls are on both sides of an entry drive, 2 signs are permitted with a maximum size of 50 sq/ft each. Such walls may be up to 6 feet high provided the top of sign copy is no higher than 5 feet.
Building-mounted identification signs for commercial, office and other business uses—U nless a sign program is approved per this article.
Building-mounted ID signs: For
individual commercial, office or
other businesses in single-tenant or
multi-tenant bldgs. Interior signs
are permitted without a sign
permit provided they are
maintained a minimum distance of
four feet from any window
(measured from the glass).
Per tenant
frontage facing
a street, a
common-use
parking lot, or a
major project
entry:
1 flush-
mounted
1 under-
canopy
1 awning sign
up to 10 sq. ft.
All above
signs to count
against allowed
aggregate area.
1 neon
window sign
and/or neon
graphics per
window, to
Aggregate area
of 1 sq/ft per
each lineal ft. of
tenant frontage
(sign area to be
counted
individually by
frontage), up to
a max. of 100
sq/ft aggregate
per tenant. If a
frontage is less
than 25 ft., signs
totaling up to 25
sq/ft are
allowed on that
frontage.
Top of wall External, except
for channel or
reverse channel
letters. Window
signs may be
neon.
The following
limitations shall
apply unless
modified via
minor site
development
permit or sign
program:
1. Accessory
signs are not
permitted.
2. Signs for
individual
tenants shall be
placed only on
the front of the
store or
business.
3. A maximum
of 25% of
allowed sign
area may
count against
the overall size
allocation for
temporary
window signs in
section 9-1-74.
consist of logo
or graphics per
section 9-1-71.6.
4. Painted wall
signs are not
permitted.
5. Wall sign
copy shall be
contiguous, with
words
separated by no
more than 3',
rather than
spread over
entire wall.
6. Individual ID
signs are not
permitted for
tenants above
the ground floor
in buildings with
only interior
access above
ground floor.
See far right column for limitations on accessory signs, sign placement, logos, painted wall signs, wall sign copy, and ID signs above the ground floor.
Building-mounted project ID signs:
Identifying a multi-tenant
2 signs 1 sq/ft per each
lineal ft. of bldg
Top of wall External, except
for channel or
May identify
either name of
commercial, office or similar bldg.
or complex
frontage up to
max. of 100
sq/ft aggregate
per bldg. side
reverse channel
letters
building or
name of major
tenant, but only
one name per
bldg.
Other signs.
Directory signs: Building-mounted
or free-standing for multi-tenant
bldgs or complexes
1 per entrance
to building or
complex
20 sq. ft. Top of wall or 6
ft. if free-
standing
External, except
for channel or
reverse channel
letters
Signs are to be
designed and
oriented to
direct visitors
upon entry into
project
Gas/service station signs:
Identifying individual stations or
"combo" uses, which may combine
a gas station with a car wash,
convenience store, fast food
restaurant, etc.
1 free-standing
sign per street
frontage,
combining
overall
identification
and gas prices**
50 sq. ft.
aggregate
6 ft. Same as for
free-standing
commercial-
office ID signs,
preceding
Price sign must
show the actual
price per gallon
of all grades,
including taxes.
Sign program
and site
development
permit required
for all
gas/service
stations.
1 bldg. or
canopy-
mounted ID sign
per side of bldg.
or canopy, up to
a max. of 4
signs**
100 sq. ft.
aggregate
overall
Top of wall External, except
for channel or
reverse channel
letters
** Maximum number and aggregate area applies to all uses/buildings on the site (gas station, car wash, fast food, etc.) Other informational signs, such as "Official Smog Station", may be building-mounted or incorporated into a permitted free-standing sign, provided such signs do not exceed 4 sq/ft in area and are approved via a sign program or site development permit. Banner signs,
flags, pennants, spinners, and similar devices are prohibited. Also, no sign or advertising display shall be placed on or over fuel islands.
Theater, cinema, and cabaret signs 1 bldg-mounted
ID sign, per
building
frontage
1 sq/ft per each
lineal ft. of bldg
frontage up to
max. of 100
sq/ft aggregate
Top of wall External, except
for channel or
reverse channel
letters
An additional
free-standing
attraction board
may be allowed
if a site
development
permit is
approved. Size
and height of
such signs shall
be generally
consistent with
commercial-
office ID signs,
preceding.
1 bldg-mounted
attraction board
Max. aggregate:
20 sq/ft plus 10
sq/ft per screen
or stage over 1,
up to a max. of
60 sq/ft
Top of wall Internal, with
light letters on
dark
background.
1 bldg-mounted
coming-
attraction
poster per
screen or stage
6 sq/ft each Top of wall External
Church and iPublic Institutional use
signs (if located in multi-tenant
bldg. or complex, commercial-
office tenant standards. shall
apply)
*1 free-standing
per street
frontage
50 sq. ft. 6 ft. Internal or
external
1 of the allowed
signs may
include an
attraction board
*1 bldg-
mounted per
each side of
building
1 sq. ft. per each
lineal ft. of bldg.
frontage up to
max. of 100 sq.
ft. aggregate
Top of wall Internal or
external
Signs in residential districts See section 9-1-73
Temporary signs See section 9-1-74
Signs exempt from sign permit requirements See section 9-1-75
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00; Ord. 2012-171, § 3, passed 7-17-12)
§ 9-1-73 Permitted signs in residential districts.
Signs identified in table 7-2 below are permitted in residential districts subject to the provisions of this section.
TABLE 7-2. PERMANENT SIGNS PERMITTED IN RESIDENTIAL DISTRICTS WITH A SIGN PERMIT Note: Signs not visible from any street or parking lot are exempt from the limitations set forth below.
ID means identification sign.
Signs required by law shall be allowed at the minimum size specified by such law.
Sign Type and
Placement
Maximum
Number
of Signs
Maximum
Area
Max.
Height
Illumination Additional
Requirements
Free-standing
community or
multifamily project ID
signs—placed on
garden, perimeter, or
retaining walls.* (Free-
standing signs shall not
be located within 5 ft.
of a street R.O.W. and
shall not interfere with
sight distance
restrictions)
1 per
project
entry*
30 sq. ft.
per sign*
6 ft. External,
except for
channel
and reverse
channel
letters
Approval of
site
development
permit
required.
*In cases where such walls are on both sides of an entry street, 2 signs are permitted with a maximum aggregate size of 40 sq. ft. A monument sign or building-mounted sign may be approved if decision-making authority determines a garden wall sign is not feasible.
Directory signs—
building-mounted or
free-standing for multi-
tenant bldgs. or
complexes or gate-
guarded neighborhoods
1 per
entrance
to
building,
complex
or project
20 sq. ft. Top of
wall or 6
ft. if free-
standing
Internal or
external
Signs are to
be designed
and oriented
to direct
visitors upon
entry into the
project
Permanent apartment
rental signs—bldg-
mounted, giving rental
information for
buildings or complexes
containing 10 or more
units
1 per
street
frontage
6 sq. ft. 6 ft. Indirect
only
Permanent
sign
Signs in nonresidential districts See § 9-1-72
Temporary signs See § 9-1-74
Signs exempt from sign permit requirements See § 9-1-75
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00; Ord. 2012-171, § 4, passed 7-17-12)
§ 9-1-74 Permitted temporary signs.
(A) No sign permit required. Temporary signs permitted per this section are exempt from the sign permit requirements set forth in this article, unless otherwise stated herein. (B) Special event signs. Temporary special event signs and banners are allowed for commercial uses in nonresidential districts in accordance with § 9-1-45.12 subject to approval of a temporary use permit. (C) Grand opening and similar signs. Temporary non-illuminated building-mounted signs up to 20 sq. ft. in area, reading "Grand Opening", "Going out of Business", or "Under New Ownership", may be permitted for a period of up to 30 days if a temporary use permit is approved. (D) Temporary ID signs.
(1) In addition to the temporary grand opening and similar signs allowed per division (C) above, new businesses may display a temporary identification sign during the interim period while a permanent identification sign is being approved, constructed and installed, provided that the size of the sign does not exceed the maximum size permitted for the permanent wall signs per § 9-1-72. (2) Such temporary business identification signs are permitted for a period of 30 days, subject to the approval of a temporary use permit, and may be extended up to an additional 30 days if approved by the community development director.
(E) Window signs. Temporary non-illuminated window signs, in conjunction with a commercial center or business, shall be permitted subject to the following requirements. (1) Total sign area shall not exce ed 20% of the aggregate window area per building frontage. (2) Total number of signs shall be limited to one windo w sign for every ten feet of linear window frontage. (3) Fluorescent, neon or "day-g lo" sign colors are prohibited. (F) Residential real estate signs. Temporary non-illuminated on-premise real estate signs advertising the sale, rent, or lease of the property and the identification of the person or firm handling the sale, lease or rent, shall be permitted on any building site subject to the following:
(1) For residential building sites with four or less units , total aggregate sign area, including riders, shall not exceed six square feet per sign face. For residential building sites with five or more units, total aggregate sign area, including riders, shall not exceed 20 square feet; (2) If located in a window, the real estate sign shall not cover more than 20% of the window or window pane in which it is placed;
(3) Maximum height for free-standing signs shall be six feet and one sign is permitted per street or golf course frontage up to a maximum of two signs per building site; (4) No part of any sign shall be placed between the ba ck of the curb and the sidewalk. Also, signs shall not be placed within a public right-of-way or in areas adjacent to designated scenic corridors; and (5) Signs shall be removed within five days after close of escrow, lease or rent. (G) Residential off-premise open house directional signs. Temporary non-illuminated off-premise open house directional signs shall be permitted subject to the following. (1) A maximum of two signs are permitted, each with a maximum area of four square feet per sign face and a maximum height of four feet.
(2) Signs are permitted only when the premises are open for inspection and when an owner or owner's agent is on the premises and shall be installed no earlier than 8:00 a.m. and removed no later than sunset.
(3) No part of any sign shall be placed between the ba ck of the curb and the sidewalk. Also, signs shall not be placed within a public right-of-way. Signs may be posted on private property with the prior consent of the property owner.
(4) Signs may be located only in the immediate vicinity of street intersections and shall not be located mid- block, unless topography, landscaping, and/or other physical constraints interfere with sign visibility, in which case the sign may be located more distant from the intersection. The intent of the foregoing provision is to prohibit unnecessary multiple open house signs located mid-block. (H) Non-residential real estate signs. Temporary non-illuminated on-premises, non-residential real estate signs advertising the sale, rent, or lease of the property and the identification of the person or firm handling the sale, lease or rent, shall be permitted on any building site subject to the following:
(1) One free-standing sign is perm itted per street frontage; (2) For free-standing signs, total aggregate sign area, in cluding riders, shall not exceed 22 square feet; (3) Maximum height for free-standing signs shall be seven feet and maximum width shall be four feet; (4) (a) No part of any free-standing sign shall be placed between the back of the curb and the sidewalk. (b) Where a sidewalk is present, signs shall be placed a minimum of two feet behind the back of sidewalk.
(c) Where no sidewalk is present, signs shall be placed a minimum of five feet behind the back of curb. (d) Signs shall not interfere with sight distance restrictions. (5) For lease spaces and individual suites, one wi ndow sign is permitted per building frontage. The real estate sign shall not cover more than 20% of the window or window pane in which it is placed; (6) For lease spaces and individual suites over 5,00 0 square feet or stand-alone single-tenant buildings, one wall sign is permitted per street frontage, provided that the size of the wall sign(s) does not exceed the maximum size permitted for the permanent wall signs per § 9-1-72 and/or any approved sign program as appropriate: and
(7) Signs shall be removed within five days after close of escrow, lease or rent. (I) New residential projects.
(1) Sign programs may be approved per the standards of § 9-1-35.24 and the procedures of § 9-1-76 for off- premise directional signs, model home complex signs, and other temporary signs associated with a new residential development.
(2) Such programs may allow modified standards from those set forth in this section provided the required findings for sign programs are met.
(J) Holiday window displays.
(1) Temporary signs and displays, in the nature of decorations, may be placed in or painted on windows if incidental to and customarily associated an official state or federal holiday. (2) Such displays shall not advertise the business name or products. (3) The display of animated "chase" lights is permitted only in the month of December and only in association with Christmas.
(K) Construction signs. For nonresidential and tract-residential, one construction sign, unlit and non-illuminated, stating the names of those individuals or firms directly connected with the construction or development of the project and their addresses and telephone numbers, shall be permitted on any building site, subject to the following.
(1) Total aggregate sign area shall not exceed 32 squa re feet, and the maximum height shall be six feet. (2) No rider may be attached to the sign.
(3) No part of any sign shall be located within the area between the back of curb and the sidewalk. (L) Construction entrance signs. One sign, unlit and non-illuminated, identifying the construction entrance for a project, shall be permitted on any building site, subject to the following. (1) Total aggregate sign area shall not exceed 24 squa re feet, and the maximum height shall be six feet. (2) No rider may be attached to the sign.
(3) No part of the sign shall be located within the area between the back of curb and the sidewalk. (M) Seasonal temporary non-commercial signs. Seasonal temporary non-commercial signs shall be permitted, subject to the following.
(1) Each sign shall not exceed four square feet in area and a maximum height of three feet. (2) Signs shall be placed no earlier than 45 days befo re a forthcoming federal, state, or local election in which Laguna Niguel voters participate.
(3) (a) Signs must be removed no later than five days after said election. (b) If an election sign is not removed within five days after said election, the city may recover costs for removal.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00; Ord. 2012-171, § 5, passed 7-17-12; Ord. 2024-229, § 3, passed 5-21-24)
§ 9-1-75 Signs exempt from permit requirements.
(A) The signs listed in table 7-3 below do not require a sign permit, nor shall their area and number be included in the aggregate area or number of signs permitted for any premises or use. (B) However, this exemption shall not be construed as relieving the sign owner of the responsibility of:
(1) Obtaining any building or other permits required for sign erection, if any; (2) Proper sign maintenance; or
(3) (a) Compliance with ap plicable provisions of this article or of any other law or ordinance. (b) Exempt signs shall not be placed within any public right-of-way unless specifically permitted in this section.
TABLE 7-3. SIGNS NOT REQUIRING A SIGN PERMIT
Sign Type Placement Max. Area Illumination
Allowed
In this table:
n/a means not applicable or no restriction
Building-mounted means signs mounted flush-to-wall only
(1) Official notices issued by any court or
public body or officer and notices posted by
any public officer in the performance of a
public duty or by any person giving legal
notice.
n/a n/a n/a
(2) Within residential districts, address or
identification signs.
Building-
mounted
1 sq/ft
aggregate
No
(3) Signs located in the interior of any
building or enclosed outdoor area which are
designed and located to be viewed
exclusively from within such building or
outdoor area.
n/a n/a Yes
(4) Tablets, stained glass windows, or dates
of erection cut into the surface of a wall or
pedestal or projecting not more than two
inches.
Building-
mounted or
free-standing
3 sq/ft No
(5) Directional, warning, or informational
signs required by or authorized by law or by a
governmental authority, including signs
necessary for the operation and safety of
public utility uses.
n/a n/a Yes
(6) Incidental accessory signs and placards
(e.g. open/closed, hours of operation, name
plates, employment opportunity signs), six
signs maximum per premises.
Window or
building-
mounted
3 sq. ft.
aggregate
No
(7) Temporary signs exempted per section 9-
1-74.
See section 9-1-74
(8) Signs associated with approved outdoor
displays per section 9-1-45.11.
See section 9-1-45.11
(9) Sculptures, fountains, mosaics, and design
features which do not incorporate
advertising or premise identification.
n/a n/a Yes
(10) Property signs (e.g. "No Trespassing,"
"No Parking," etc.), informational/directional
signs (e.g., "Restrooms," "Exit," etc.) and
warning signs (e.g. "High Voltage").
Building-
mounted or
free-standing
3 sq/ft Yes
(11) Vehicular directional signs used to
identify street entrances and exits, maximum
three feet high if free-standing.
Building-
mounted or
free-
standing.
3 sq/ft Yes
(12) Directional pavement marking. n/a n/a n/a
(13) Newspaper stand identification n/a 3 sq/ft No
(14) Restaurant menu boards. Building-
mounted
3 sq/ft External only
(15) Vending machine signs and automatic
teller signs.
Machine
mounted
Machine
mounted
Yes
(16) Directional and non-profit public
information signs for public, quasi-public, and
non-profit uses on public or private property,
adjacent to an arterial thoroughfare.
Number, shape, location, and height
(maximum 6-feet) of signs shall be approved
by the director of community development
and public works.
Free-
standing
3 sq. ft. No
(17) Within residential zones, incidental
temporary decorative flags.
Building-
mounted
7 sq. ft. No
Signs in nonresidential districts requiring a
permit
See section 9-1-72
Signs in residential districts requiring a
permit
See section 9-1-73
Temporary signs See section 9-1-74
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00) § 9-1-76 Sign programs.
(A) Purpose. Sign programs are intended to provide incentive and latitude in order to achieve variety, effective identification, attractive appearance, and coordinated design for multi-tenant centers and other applicable projects.
(B) Modifications to standards. The standards of this article relating to sign number, placement, size, and height may be modified for signs in an approved sign program provided all requirements of this section are satisfied.
(C) Applicability. Sign programs shall be required for all shopping centers, office complexes, business parks, and similar projects. In addition, freestanding business uses over 10,000 square feet in gross floor area, multiple centers or building sites sharing a common access, and other projects identified in this code are also eligible for approval of sign programs.
(D) Procedures.
(1) Sign programs shall be approved via a site deve lopment permit per § 9-1-114. All permanent signs subject to an approved sign program shall be consistent with that sign program. In cases where a sign program has not been adopted, individual signs shall be subject to approval of a sign permit per § 9-1-
78.1. (2) The decision-making auth ority, upon completion of its review, may attach appropriate conditions to any sign program approval.
(3) The following findings are required for approval of a sign program in addition to the other findings required for approval of a site development permit.
(a) The sign program is consist ent with the purpose and intent of this article. (b) All signs within the sign program are visually coordinated via the incorporation of several common design elements such as materials, letter style, colors, illumination, sign type or sign shape.
(c) The signs within the sig n program relate visually to the buildings, storefronts, or tenant spaces they identify. This may be accomplished by utilizing materials, colors, or design motif of the building being identified.
(E) Pre-1990 sign programs. For any sign program adopted prior to January 1, 1990, the community development director shall determine if new signs or sign modifications subject to the program are consistent with the sign regulations in this article. Upon submittal of an application for a sign permit, the director shall determine if the sign is of superior design and if it meets the intent of these regulations. If the director determines that the proposed sign is not consistent, the sign(s) shall be permitted only upon approval of a site development permit per § 9-1-114.
(F) Submission materials. Applications for a sign program shall be accompanied by the following plans in addition to other applicable site development permit application materials:
(1) Site plan. A plan, drawn to scale, delineating the site proposed to be included with the sign program; (2) Building elevations. Drawings and/or sketches indicating the exterior surface details of all structures on the site;
(3) Identification signs. Drawings, to scale, indicating the sign copy size, method and intensity of illumination, height, sign area and location of all signs; and (4) Ancillary signs. The sign program submission shall include all ancillary signs, such as interior directional and traffic control signs, handicap parking signs, liability disclosure signs, address number, etc., and shall show size, location and design of each such sign. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-77 Prohibited signs.
(A) The signs and displays listed in this section are prohibited in the city. Such signs are subject to removal by the city at the owner's or user's expense.
(B) Prohibited signs include the following:
(1) Any sign not in accord ance with the provisions of this article; (2) Painted wall signs;
(3) Abandoned signs;
(4) Rotating, revolving, or otherwise moving signs;
(5) Automobile, truck, trailer and other signs affixed to vehicles which advertise, identify or provide direction to a use or activity not related to making of deliveries or rendering services which are used exclusively or primarily for advertising, unless specifically permitted; (6) Flags, balloons, pennants, streamers, spinners, fe stoons, windsocks, valances, or similar displays, unless specifically permitted via a site development permit or other applicable permit; (7) Animated or flashing signs;
(8) Portable signs, unless specifica lly permitted in this article; (9) Off-premise signs, unless specific ally permitted in this article; (10) Billboards or outdoor advertising signs;
(11) Signs which identify or advertise activities which ar e illegal under federal, state, or local laws in effect at the location of such signs or activities;
(12) Building-mounted signs placed on or above the roof or above the eave line of any structure; (13) Signs which, by reason of thei r size, location, movement, content, coloring, or manner of illumination may be confused with or construed as a traffic-control sign, signal, or device, or the light of an emergency vehicle, or which obstruct the visibility of any traffic or street sign or signal device; (14) Signs that create a potential safety hazard by obst ructing clear views of pedestrian or vehicular traffic; (15) (a) Signs located upon or projecting over public streets, sidewalks, or rights-of-way unless the sign meets the criteria of division (15)(b) below.
(b) Seasonal temporary non-commercial signs in designated public rights-of-way. Seasonal temporary non-commercial signs shall only be permitted in the public rights-of-way depicted in Figure 7.1 subject to the following requirements.
1. Signs shall be securely affixed and positioned in a manner that ensures public safety and prevents any risk of accidents or hazards.
2. Notwithstanding § 9-1-74(M)(1), total aggregate sign area shall not exceed four square feet in area and a maximum height of three feet.
3. Signs must comply with the requirements of § 9-1-74(M)(2) and (M)(3).
4. No more than three signs with the same message may be permitted for each designated area.
5. No part of any sign shall be placed between the back of the curb and the sidewalk when the sidewalk abuts the curb.
6. Signs and sign placement shall not cause damage to the site, including landscaping, irrigation, or City property.
7. Signs shall not be affixed to any utility at the site, including hydrant, street, traffic signs, utility poles, wires, boxes, or any landscaping, including trees, shrubs, tree stakes, or protective guards.
8. Signs shall not obscure visibility or access to fi re hydrants, traffic signs, or traffic signals, block motorists' line of sight, or otherwise inhibit or interfere with vehicular or pedestrian traffic.
9. Signs shall not block any safety sign or notice or official or legal notices issued by any court or public body or officer in the performance of a public duty.
10. No flags, pennants, balloons, or other attention- attracting devices shall be affixed to or otherwise displayed in conjunction with the sign.
11. The foregoing notwithstanding, division (B)(15 )shall not apply to directional, warning, or informational signs required by or authorized by law or by a governmental authority, including signs necessary for the operation and safety of public utility uses.
12. The City makes no representations about the co nditions, from time to time, of the identified signage locations and hereby puts all persons on notice that the conditions of the property is uncertain and all persons' use of the property is at their sole risk. The City notes that soil conditions, traffic conditions, weather conditions, and the acts of third parties may put person(s) and property placed pursuant to this section at risk and further, that the person(s), groups, and
supporters of any person, group, or entity does so at their own risk and, for themselves, their heirs and assigns, releases, waives, and indemnifies, and hold harmless the city, including its elected officials, officers, staff, employees, and contractors from all damages, awards, payments, claim, or reimbursement, of all types and nature, that may, from time to time, arise while utilizing this section and the rights accorded herein and pursuant to this section. (16) Signs attached to utility poles or stop signs or other municipal sign structure; (17) Balloon signs, inflatable animal or other figures, or other inflatable displays, whether tethered or not, except as otherwise permitted by a temporary or special outdoor event permit; (18) Signs located clos er to overhead utility lines than the minimum distance prescribed by state law, or by the rules duly promulgated by agencies of the state or by the applicable public utility; (19) "For Sale" signs affixed to vehicles parked on public right-of-way or on any vacant property; (20) Neon signs, except those spec ifically approved as an activity's major identification sign; (21) Signs drawn or painted onto or otherwise affixed to trees or rocks unless specifically permitted in this article;
(22) Advertising statuary;
(23) Any temporary sign or ba nner, unless specifically permitted in this article; (24) External displays , other than temporary decorative holiday lighting or holiday displays, which consist of unshielded light bulbs or festoons and strings of open lightbulbs; and (25) Persons or animals used for advertising purposes to attract attention to a use or activity on public or private property.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2000-115, § 3, passed 7-5-00; Ord. 2024-229, § 3(Exh. 1), passed 5-21-24)
Figure 7.1: Approved Public Right-of-Way for Seasonal Placement of Temporary Non-Commercial Signs
§ 9-1-78 Administration.
All references to this § 9-1-78 shall include §§ 9-1-78.1 through 9-1-78.3. This section provides regulations and procedures for administering the approval of signs and rules governing the continuation and/or abatement of nonconforming, illegal and abandoned signs.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-78.1 Sign permits.
(A) Sign permit required. Sign permit approval is required prior to obtaining a building permit for the placing, erecting, moving, reconstructing, altering, or displaying any sign on private property within the city, unless 0 .-oulton 11nd Al.isa ti'iguet O Woo•,:,r, -lltldl Ciro-'l!'l ... ~ e Cf'OIMfl V.ai,1~ ;,nd u Pl~ f.D Bncon Hill and Go4d e111 L:,n(un at,:!d:.:'5~~~o 11 n:,s o k.,i1• ~d LIii P,),;r R.oJ>d Q crowno V~lt.y ;a nd G~en.iiield e NICMel R<Mid at'ld W..r1Ml'I H lll1 . D~ if.I, Clu b Hou- Drive ;and Ni~l Rozid e Mli,;IJLand 11nd Alioa Pi;Wf Q crl),',M'ft 1J.J,1'4-y ;11nd Cal)(l 1 e-Merln :,, HIii s l;,lr~ ,!ltt.d VJ1ille Wft,!1 fl;, Crown 'ir'.allry P,lcwy aind Carro'"o Del JiNia" 0 Jfancho Ni guel 1100 Moulton Pkwy Q c.stiol andl P.t~IJ De COUMIIS ~ Gc,\tle"' LIH•Cem .&fldl M<tth,,a. Hll.1.-5 0 1" EI>- Nlg.i.,el Road ~f'ld ·~ ffllr'tQ ~ o¼'lon 0 Nlgu Ro&(I illnd Al l(.1;,, Pkwy EJ':) -c.own .,.~ ;md N1.£Uel Road +!) Go1den L11nt.em ;,nd C::happaros• ti), '--' P'."li R-:iad ;uw;I All ~ c r.-...c R(ll'l(I
the sign is exempt from permit requirements per § 9-1-75 or other provisions of this article. The director may integrate required sign permits into the building permit application and process or into other applicable permit process.
(B) Existing signs. Signs legally existing prior to the effective date of the ordinance codified in this article shall not require a sign permit until such time as the sign is moved, structurally altered, changed or relocated; at which time, the review and approval provisions of this section shall apply before a sign permit and/or building permit is issued.
(C) Submission materials. Plans, application forms, and other submission materials for sign permit applications shall be as specified by the community development director. (D) Review procedures. The director shall review sign applications and shall determine to either approve, approve with modification, or deny the application. No sign permit application shall be approved unless the director finds that the proposed sign conforms to the provisions of this article. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-78.2 Nonconforming signs.
(A) Continuation of nonconforming signs.
(1) A nonconforming sign is any permanent or temporary sign which was legally established and maintained in conformance with the provisions of all applicable laws in effect at the time of original installation but which does not comply with the provisions of this article. (2) Such nonconforming signs may be continued and maintained provided:
(a) The sign is properly maintained and does not constitute a danger to the public; and (b) The sign was covered by a valid permit or variance or complied with all applicable laws on the date of adoption of the ordinance codified in this article.
(B) Rules. A nonconforming sign shall not be:
(1) Changed to another nonconforming sign or removed and then replaced as the same nonconforming sign;
(2) Expanded or altered unless such alteration is de signed to bring the sign into full conformance with all current provisions of this article;
(3) Relocated to another site on the same property or any other property; or (4) Re-established after abandonmen t as defined in § 9-1-78.3. (C) Damage or destruction. Any nonconforming sign which is damaged or destroyed beyond 50 percent its value shall be removed or brought into conformity with the provisions of this chapter. The determination whether a sign is damaged or destroyed beyond such 50% of value shall rest with the community development director and shall be based upon the actual cost of replacing said sign. (D) Burden on owner. The burden of establishing a sign as legally nonconforming under this section rests upon the person or persons, firm or corporation claiming legal status for a sign. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-78.3 Enforcement and abatement.
(A) Enforcement responsibility. It shall be the duty of the director or the director's authorized representative to enforce the provisions of this article.
(B) Illegal signs. Any sign which does not have a required permit or which otherwise violates applicable provisions of this article shall be deemed illegal. If the director determines a sign to be illegal, the director may order the property owner and/or sign owner to remove the sign or may require other actions to ensure compliance with this article.
(C) Abandoned signs. Any sign located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or which pertains to a time, event or purpose which no longer applies shall be deemed abandoned. Such signs shall be removed, along within any footings, poles, and ground or wall supports, within 30 days after the associated enterprise or occupant has vacated the premises or within 30 days after the time, event, or purpose associated with the sign has ended. Any such sign not removed within the required period shall constitute a nuisance and shall be subject to immediate removal. In the event that an internally-lighted "can" type sign is abandoned, the director may allow the can portion to remain, provided a blank opaque sign face, with a color consistent with other can-type signs within the project, is installed within the preceding 30-day time frame. (D) Expired temporary signs. A temporary sign which remains posted beyond the time limits set per § 9-1-74 shall be removed immediately upon notification of the applicable business owner or property owner by the director.
(E) Abatement and removal of signs. Any illegal or abandoned sign may be deemed to be a public nuisance that poses an immediate danger to the health, safety and welfare of the community. The owner of the sign shall be responsible and liable for the removal and disposal of the sign. (F) No city liability. Neither the city nor any of its agents shall be liable for any damage to a sign which is removed under this section.
(G) Legal action by city. In response to any violation of the provisions of this article, the city may elect to file a criminal complaint against the violator, issue a citation to the violator for an "infraction" pursuant to California government code § 36900, or institute a civil action in a court of competent jurisdiction. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-79 Sign definitions.
For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Abandoned sign. A sign which is located on property which becomes vacant or unoccupied or which pertains to any occupant or business unrelated to the premises' present occupant or business, or a sign which pertains to a time, event or purpose which no longer applies.
Accessory sign. A sign whose copy refers to the products, facilities, or services available on the premises and/or pricing information, phone numbers, or hours of operation.
Advertising statuary. An imitation or representation of a person or thing which is sculptured, molded, modeled, or cast in any solid or plastic substance, material, or fabric and used to identify or advertise a product or service.
Advertising vehicles. Any vehicle or trailer on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto, or located thereon,
any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property or any other premises. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business. Public buses or taxis are exempt from this prohibition.
Animated sign. Any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. Excluded from the definition are public service message center signs and flags.
Attraction board. A sign capable of supporting copy which is readily changeable without the use of tools, such as a theater marquee, and which refers to products, services, or coming events on the premises.
Banner or banner sign. A sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind.
Billboard. An off-premise sign with changing advertising copy or other changing copy.
Building-mounted sign. A sign affixed to a building, painted directly on a wall, or erected against the wall of a building. Building-mounted signs include awning signs, fascia signs, mansard roof signs, wall signs, window signs, projecting signs, and under-canopy signs.
Bulletin board. A board, kiosk, or wall area on which are affixed personal notices, lost-and-found notices, business cards, and similar small informal notices referring to products, services, activities, or other items not offered on the same premises. The term bulletin board shall not include business identification signs or attraction boards.
Business. A commercial, office, institutional, or industrial establishment.
Canopy. A fixed structure of any material and any length, projecting from and connected to a building and/or columns and posts from the ground, or supported by a frame extending from the building and/or posts from the ground.
Construction sign or future facility construction sign. A sign containing information pertaining to a future development on the site where the sign is located, including the name of the project, the developer, contractor, financing source, future occupant(s), and other information directly related to the development.
Copy or sign copy. Any words, letters, numbers, figures, designs, or other symbolic representations incorporated onto the face of a sign.
Directional sign. Any sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed. Such a sign contains no advertising copy. (Examples are: "One-way," "entrance," "exit," "parking in rear," "15 miles per hour," "no left turn").
Director or community development director. The community development director for the city or the director's authorized agent or representative.
Electronic message board sign. A sign with a fixed or changing display composed of a series of lights..
Exempt sign. A sign which is designated in this code as not subject to certain regulations.
Face of building wall. The outer surface of any main exterior wall or foundation of a building, including windows and store fronts.
Flag. A visual display device without copy, made of flexible material, usually cloth, paper, or plastic.
Flashing sign. Any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Excluded from the definition are public service message center signs.
Free-standing sign. A sign supported upon the ground and not attached to any building. This definition includes monument signs and ground signs.
Garage sale sign (i.e., yard sales, moving sales, patio sales). A sign used to announce sale of a used item or items.
Identification sign or ID sign. A sign which serves to identify only the name of a building, business, office, establishment, person, activity, or lawful use of the premises upon which it is located and which does not include goods or services available, pricing information, phone numbers, or hours of operation. "Identification sign" may include brand names if such names are integral to the name of the business (e.g. "Tom Jones Ford").
Illumination. The method by which a sign is lighted so as to be readable at night. The following types of illumination are provided for in this article:
(1) External illumination. The lighting of an opaque sign face from a light source mounted in front of the face.
(2) Internal illumination. The lighting of the sign face from behind so that the light shines through translucent sign copy or lighting via neon or other gases within translucent tubing incorporated onto or into the sign face.
Logo. A trademark or symbol of an organization.
Mansard roof sign. Any sign attached to or supported by a mansard roof. A "mansard roof" is a roof having two slopes, the lower steeper than the upper, and having a slope of sixty degrees or greater with the horizontal plane.
Monument sign. A free-standing sign mounted on a low-profile solid base or a fence, or a free-standing wall, as distinguished from support by poles.
Multi-tenant building. A development in which there exists a number of separate activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designed to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multi-tenant building may, but need not, include common ownership of the property upon which the center is located, common-wall construction, and multiple-occupant use of a single building.
Neon sign. A sign which utilizes neon or other gases within translucent tubing in or on any part of the sign structure.
Off-premise sign. A which is not appurtenant to the use of the property where the sign is located or a product sold or a service offered upon the property where the sign is located, and which does not identify the place of business where the sign is located as a purveyor of the merchandise or services advertised upon the sign. Some temporary signs are not defined as off-premises signs as used within this article.
On-premise sign. A sign referring to a person, establishment, merchandise, service, event, or entertainment which is located, sold, produced, manufactured, provided, or furnished on the premises where the sign is located.
Parapet wall. A wall extending above the roof plane of the building.
Permanent sign. Any sign which is intended to be and is so constructed as to be a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear) and position and in a permanent manner affixed to the ground, wall or building, provided the sign is listed as a permanent sign in this article.
Political campaign sign or political sign. A sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a forthcoming public election, referendum, initiative, or to the advocating by persons, groups or parties of political views or policies.
Portable sign or mobile sign. A sign made of any material, which, by its design, is readily movable and is equipped with wheels, casters or rollers or which is not permanently affixed to the ground, structure or building, or a sign upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base or platform for the sign. (Also includes sidewalk or sandwich board signs).
Private property. Any property other than public property.
Projecting sign. Any sign with two parallel faces no more than 18 inches apart projecting 12 inches or more from the wall or eaves of a building. No guy wires, braces, or secondary supports are visible.
Public property. Any real or personal property in which the city or any other governmental entity or any publicly regulated utility company possesses an ownership interest. Public property shall include, without limitation, any street, sidewalk, curb, curbstone, street lamp post, hydrant, tree, tree stake or guard, railroad trestle, electric light, power, telephone or telegraph wire, pole or appurtenance thereof, any fixture of a fire alarm or police telephone or telegraph system, any lighting system, public bridge or wall, drinking fountain, life buoy, life preserver, lifesaving equipment, street, sign, traffic sign or signal, street median, public park, or other publicly owned property or structure.
Real estate sign. A sign advertising the sale, lease or rent of the property upon which it is located and the identification of the person or firm handling such sale, lease or rent.
Roof sign. Any sign erected upon or above a roof or parapet wall of a building or placed above the apparent flat roof or eaves of a building.
Seasonal sales sign. A sign used to advertise a business or merchandise held seasonally for a limited interval, all or most of whose business is conducted or whose merchandise is displayed in an outdoor area.
Sign. Any medium for visual communication, including but not limited to words, symbols and illustrations, together with all parts, materials, frame and background, which is used or intended to be used to attract attention to, identify, or advertise an establishment, product, service, activity or location, or to provide information.
Sign area. Defined in § 9-1-71.8.
Sign face. The exterior surface of a sign exclusive of structural supports, on which is placed the sign copy.
Sign height, height of sign, or
height. Defined in § 9-1-71.8.
Sign permit. An entitlement from the city to place or erect a sign.
Sign structure. The structural supports, uprights, and bracing for a sign.
Special event sign. A sign used to announce a special commercial event such as a sale, sidewalk sale, or parking lot sale, or a community event such as a circus, carnival, festivals or similar event.
Under-canopy sign. A sign suspended beneath a projecting canopy, walkway cover, awning, ceiling, or marquee.
Wall sign. A sign attached to, erected on, painted on or otherwise affixed to the exterior wall of a building or structure in such a manner that the face of the sign is approximately parallel to the exterior wall of the building and exposed to the exterior side of the building. Signs or advertising displays in or on windows are not considered wall signs.
Window sign. Any sign painted on or attached to a window or located inside within a distance equal to the greatest dimension of the window (either width or height) and designed to be viewed from the outside of the building in which the window is located. (Ord. 99-107, § 5, passed 2-2-99)
ARTICLE 8. HILLSIDE PROTECTION
§ 9-1-80 Short title.
This article may be cited and referred to as "the hillside protection ordinance" or "the HPO." (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-81 Hillside protection regulations.
(A) Purpose and goals. The purpose of the hillside protection regulations contained in this article is to achieve the following goals:
(1) To protect the public health a nd safety by preserving very steep hillsides in open space and by minimizing geologic hazards, erosion and other potential dangers associated with hillside areas; (2) To minimize impacts in hillside areas to endangered, threatened or rare species of flora and fauna; and (3) To ensure that any permitte d hillside development conforms to the character of the natural topography and that the visual impacts of grading are softened by requiring designs which incorporate slope undulation, blending and other features to reflect the natural terrain. (B) Hillside protection policies. City policies aimed at achieving the hillside protection goals set out in division (A) above shall be as follows.
(1) Development restrictions in steep areas. Development should be restricted in steep areas in order to ensure development safety and limit the amount of grading required for development. (2) Limitations on earth movement. The amount of earth movement for hillside development should be limited both in quantities moved within a site, in order to limit landform alteration, and quantities imported or exported, in order to limit dirt hauling on city streets. (3) Contouring of manufactured slopes. Manufactured slopes should be designed to resemble natural hillside contours and should blend with natural terrain where the two join in order to visually integrate development into the natural hillside.
(4) Slope and retaining wall heights. The height of manufactured slopes and retaining walls should be restricted in order to limit the size and accompanying visual impacts of manmade slopes and structures on the hillside.
(5) Landscaping and other visual mitigation. Intensive slope landscaping and other mitigation measures should be required in order to screen and soften the intrusive appearance of hillside building and grading.
(6) Protection of biological resources. Development impacts to endangered, threatened or rare species of flora and fauna and sensitive biological habitats should be avoided or mitigated, consistent with state and federal definitions and regulations, in order to preserve environmental quality and diversity. (C) Hillside protection standards. In order to control and soften the visual impacts of hillside development, ensure the safety and stability of such development and implement the hillside protection policies set forth in division (B) above, the following standards shall apply to all projects subject to this section. The planning commission shall use its assessment of overall compliance with these hillside protection standards as the primary criterion for determining if a project complies with the hillside protection policies of division (B) above. The applicable hillside protection policy is shown preceding the standards which directly support that policy.
(1) Policy. Development restrictions in steep areas.
(2) Standard no. 1: Grading on steep slopes. Grading on slopes with a gradient of 30% or more shall be prohibited unless the planning commission approves an exception pursuant to division (D) below. Such an exception shall be approved only if the planning commission finds, after review of a geotechnical study by a professional engineer or engineering geologist registered in the state, that:
(a) Such increased grading is necessary in order to utilize the most feasible development locations on the property (for purposes of this standard, the term "feasible" means capable of attaining the project's objectives at reasonable cost and within a reasonable length of time); or (b) 1. Such increased grading is necessary to implem ent corrective measures so as to ensure safe and stable development of the developable portions of the property, and project design alternatives, such as relocation of development areas or reduction in the size of the project, are not sufficient to eliminate the need for the corrective grading.
2. For purposes of determining the extent of slope areas over 30%, slope gradients shall be averaged over horizontal 100-foot intervals measured perpendicular to the contour lines (see sketch below).
(3) Policy. Limitations on earth movement.
(4) Standard no. 2: Grading quantities. Grading quantities, both within a site and in cubic yards imported or exported, shall be the minimum that the planning commission determines is needed to:
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(a) Accommodate reasonable de velopment of the site; and (b) Facilitate conformance of the pr oject with the other hillside protection standards contained in this section.
(5) Policy. Contouring of manufactured slopes.
(6) Standard no. 3: Blending. The tops and toes of manufactured slopes shall be contoured and landscaped to blend into adjacent terrain. A smooth gentle transition shall be made where the planes of manufactured and natural slopes intersect (see figures 8.1 and 8.2 below). (7) Standard no. 4: Undulation. Manufactured slopes over six feet in height shall be designed to reflect the appearance of the surrounding natural hillsides and to avoid long flat-planed surfaces. This shall be achieved by means of slope undulation, i.e., by curving both the tops and toes of slopes and varying the slope gradient from the 2:1 maximum steepness on some portions to flatter ratios such as 5:1 on others (see figures 8.1 and 8.2 below).
(8) Standard no. 5: Street alignment. Where streets and driveways are approved to cross areas of over 30% slope gradient, they shall be aligned to conform to natural grades as much as possible consistent with emergency access acceptable to the fire department.
(9) Policy. Slope and retaining wall heights
(10) Standard no. 6: Height of slopes. Manufactured slopes shall not exceed 60 feet in vertical height, nor shall more than one terrace drain be used on such slopes. In addition, slopes 30 to 60 feet in height may be tiered one above the other only if there is a minimum horizontal separation of 100 feet (at less than 10% gradient) between the top of the lower slope and the toe of the slope above it (see figure 8.1 below). (11) Standard no. 7: Height of retaining walls. Retaining walls and crib walls shall not exceed six feet in height and shall be planted with vines and/or other landscape screening. Where the planning commission finds that greater retaining is needed, it may approve a tier of up to three such walls (up to six feet high each) placed one above the other, provided a minimum of six feet of horizontal landscaped terrace is placed between each pair of walls (see figure 8.1 below).
FIGURE 8.1. ILLUSTRATION OF HILLSIDE PROTECTION STANDARDS
FIGURE 8.2. CONTOURING DO'S AND DON'T'S
SECTIOM VIEW
(12) Policy. Landscaping and other visual mitigation
(13) Standard no. 8: Landscaping.
(a) Landscaping of greater intensity than that normally required for non-hillside projects shall be incorporated into all hillside projects to soften the visual impacts of both grading and building. Landscaping plans shall be of predominantly drought tolerant varieties and shall include, where determined appropriate by the planning commission, the use of:
1. Native species; and/or
2. Reclaimed water for irrigation.
(b) In addition, landscape planting on manufactured slopes shall conform to the following minimum standards:
1. Trees: minimum size five-gallon, with at least 30% to be a minimum of ten feet high (not including container height). Minimum density: average 25 feet on center;
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2. Shrubs: minimum size one-gallon, with at least 30% to be five-gallon. Minimum density: average ten feet on center;
3. Vines: as required to augment ground cover and provide screening for retaining walls; and
4. Ground cover: hand-planted plugs with minimum density of one foot on center, or other density as approved by the Community Development Director, or hydroseeding utilizing seed mixture approved by the Director. Either of the preceding methods or a combination of the two shall be sufficient, in the Director’s judgment, to meet a goal of 100% slope coverage within one year of planting.
(14) Standard No. 9: Terraces and downdrains. The visual impacts of drainage terraces and downdrains shall be lessened by the use of river rock, colored gunite, colored concrete or other treatments which produce a softened natural appearance. Terrace benches shall be of sufficient width to provide for visual screening of terrace drains by means of berming or similar design measures.
(15) Standard no. 10: Outdoor lighting. The quantity and intensity of street, pedestrian and other outdoor lighting shall, subject to minimum pedestrian and traffic safety standards, be less than that normally required for nonhillside projects and shall be shielded to focus only on the street, sidewalk or other area to be illuminated. (16) Policy. Protection of biological resources.
(17) Standard no. 11: Preservation of existing vegetation. Hillside development shall accommodate the preservation of existing vegetation on those portions of the site to be preserved in open space wherever such preservation is determined by the planning commission to be consistent with:
(a) Fire Safety requirements; and
(b) The other hillside protection standards contained in this section. (18) Standard no. 12: Impacts on flora and fauna. Development impacts to endangered, threatened or rare species of flora and fauna and sensitive biological habitats shall be thoroughly identified and analyzed during the environmental review process for a project. Identified impacts shall be avoided or mitigated to the greatest extent feasible. For purposes of this standard, the term "feasible" means capable of being accomplished in a successful manner within a reasonable period of time taking into account economic, environmental, legal, social and technological factors (CEQA (being California Public Resources Code) § 21061.1 and State CEQA guidelines (being California Code of Regulations Title 14) § 15364).
(D) Exceptions to hillside standards.
(1) Findings for approval.
(a) In reviewing a project application, the planning commission may grant relief from full compliance with one or more of the hillside protection standards set forth in division (C) above by means of an exception.
(b) In so doing, the planning commission must make the following findings:
1. General findings. All of the following general findings:
a. Consistency with hillside protection policies. Notwithstanding the exception granted, the resulting project will nevertheless be substantially consistent with the hillside protection policies set forth in division (B) above;
b. Consistency with general plan. The use or project proposed in conjunction with the exception is consistent with all adopted and applicable general and specific plans of the city;
c. Consistency with zoning code. The use and improvements proposed in conjunction with the exception are consistent with the provisions of this subchapter;
d. Consistency with CEQA standards. The approval of the exception is in compliance with the requirements of the California Environmental Quality Act, being California Public Resources Code § 21000 et seq., and the CEQA Guidelines, being the California Code of Regulations, Title 14 § 1500 et seq.;
e. Compatibility. The location, size, design and operating characteristics of the use proposed in conjunction with the exception will not create significant noise, traffic or other conditions or situations that may be objectionable, detrimental or incompatible with other permitted uses in the vicinity.
f. Preservation of general welfare. Approval of the exception will not result in conditions or circumstances contrary to the public health, safety and general welfare. g. No special privileges. Approval of the exception will not constitute a grant of special privileges to the subject property which, even after all conditions attached to the approval are complied with, is inconsistent with the limitations placed upon other properties subject to the same hillside protection regulations.
2. Specific findings. One or more of the following findings specific to the exception being requested:
a. Reasonable use of property. The strict application of the standard would deny any reasonable use of the property in question and thereby deprive the subject property of privileges enjoyed by other properties subject to the same hillside protection regulations; b. Result inconsistent with hillside protection goals and policies. The strict application of the standard would produce a result inconsistent with or opposite from the goals of this section set forth in division (A) above, or the hillside protection policies set forth in division (B) above;
c. Competing standards. The strict application of the standard would impair compliance with another standard, or the exception is necessary to achieve a balance between competing standards in the interests of overall conformance with the policies set forth in division (B) above;
d. Purpose of standard already achieved. The purpose of the standard is being achieved by other aspects of a project's design; or
e. Other findings. Other findings specified for a particular hillside protection standard indivision (C) above.
(2) Compensating increase in other standards. In approving an exception to a hillside protection standard, the planning commission may require a compensating increase in the degree of compliance with other standards.
(3) Variances not permitted. The variance provisions of § 9-1-114 shall not apply to this section, and no variances to the standards contained in this section shall be considered. (4) Procedures. Application for exceptions shall be made on forms provided by the community development director. Planning commission review shall require a public hearing in accordance with § 9-1-112.1. Exceptions shall be reviewed in conjunction with review of the overall project. (E) Projects subject to section. The hillside protection regulations in this section shall apply to the following types of projects:
(1) Development of existing parcels having an averag e slope gradient of ten percent or more wherein proposed grading quantities are greater than 5,000 cubic yards; and (2) (a) All tentative tract and tentative parcel maps on parcels with an average slope gradient of 10% or more.
(b) In cases where parcels already possess development entitlements such as development agreements, the city shall apply these regulations within the framework of such entitlements. (F) Projects exempt from section. Notwithstanding division (E) above, the hillside protection regulations of this section shall not apply to the following types of projects:
(1) Modifications to existing structures. This section shall not apply to modifications to existing structures. (2) Repair of damaged homes. This section shall not apply to repair or reconstruction of homes damaged or destroyed by fire or other cause.
(3) Existing permits. This section shall not apply to projects for which a grading or building permit was issued prior to the effective date of this section, which permit was still valid as of such effective date. (4) New home construction. This section shall not apply to new home construction on existing lots unless both the cubic yard grading and average slope gradient thresholds of division (E)(1) above are exceeded.
(5) Emergency grading. This section shall not apply to grading to correct a slope failure or other ground failure if such correction is deemed by the community development director or the director's authorized city representative to be an emergency, i.e., a situation where life or property is threatened. Such corrections might include buttressing or replacement of a slope failure, repair of earthquake damage, removing a slide from a roadway or similar actions. (6) Other projects. This section shall not apply to any other project not specified in division (E) above. (7) Bear brand hillside estates area. Notwithstanding division (E) above, the hillside protection regulations of this section shall not apply to a portion of the area lying between the Bear Brand Ranch planned community and the City of San Juan Capistrano, shown on figure 8.3 below, because of the following findings:
(a) Subdivision of the area is substantially complete;
(b) Deed restrictions have been imposed on most parcels within the area severely limiting further parcelization;
(c) All utilities have already been provided to the area; (d) All access easements have been set;
(e) The major ridgeline within the area is already preserved as permanent open space; (f) The area is effectively within an integrated planned community with an established development pattern;
(g) The area is already regulated by conditions, covenants and restrictions administered by a homeowners association, which include strict design review requirements to control the appearance and visual impacts of development within the area; (h) Development of parcels within the area require approval of individual site development permits; and
(i) Prior tract and parcel map approvals already provide for input from the City of San Juan Capistrano regarding development proposals visible from that city.
FIGURE 8.3. EXEMPT BEAR BRAND HILLSIDE ESTATES AREA