Laguna Niguel City Council
August 4, 2026

§ 8-8-16 Definitions (M).

Maintenance. The repair and replacement of parts of a structure where the repair or replacement does not alter or lessen the strength or stability of the structure. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-17 Definitions (N).

Natural gasoline plant or absorption plant. A plant for the processing of natural gas from the production wells and processing it into its various components.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-18 Definitions (O).

Oil. Includes petroleum, and the term "petroleum" includes oil.

Operator. The person, whether proprietor, lessee or independent contractor, actually in charge and in control of the drilling, maintenance, operation or pumping of a well or lease.

Outer boundary line. Where several contiguous parcels of land in one or different ownerships are operated as a single oil or gas lease or operating unit, the term "outer boundary line" means the exterior limits of the land included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity.

Owner. A person who owns a legal or equitable title in and to the surfaces of the drill site. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-19 Definitions (P).

Person. Any individual, firm, association, corporation or joint venture, or any other group or combination acting as a unit.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-20 Reserved.
§ 8-8-21 Definitions (R).

Redrilling. The deepening of an existing oil well or otherwise drilling beyond the extremities of the existing well casing. The provisions of this subchapter relating to drilling shall be equally applicable to redrilling. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-22 Definitions (S).

Seismic petroleum prospecting. Prospecting for oil by means of drilling holes into the ground, placing an explosive charge therein and detonating such charge, thereby exciting an energy or sound wave through the earth, the

results of which are recorded and read by seismograph equipment placed at various locations on the surface of the earth. Seismic petroleum prospecting is prohibited in the following areas:
(1) The area within one-quarter mile of the boundary of O'Neill Park and Irvine Park; (2) The area within one mile landwa rd of the line of Upper Newport Bay as established and adjudicated by Orange County v. Irvine Company, Orange County Superior Court Case No. 20436, dated May 6, 1926; and
(3) The area within one mile land ward of the coastline measured from mean lower low-water datum as established by the U.S. Coast and Geodetic Survey from the easterly jetty of the harbor entrance at Newport Beach to the San Diego County line.

Shot hole. The hole drilled in seismic petroleum prospecting.

Source of ignition. Any flame, arc, spark or heated object or surface capable of igniting flammable liquids, gases or vapors.

Structure. That which is built or constructed, including a tank, edifice or building of any kind.

Suspended operations. The approved temporary suspension of drilling or redrilling operations pending a resumption of operations or abandonment.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-23 Definitions (T).

Tank. A container, covered or uncovered, used in conjunction with the drilling or production of an oil well, for holding or storing liquids at or near atmospheric pressure. (Ord. 90-11, § 12, passed 3-6-90)
§§ 8-8-24, 8-8-25 Reserved.
§ 8-8-26 Definitions (W).

Well or oil well. A well or hole drilled into the earth for the purpose of exploring for or extracting from the earth oil, gas or other hydrocarbon substances, or a well or hole in the earth by means of and through which oil, gas and other hydrocarbon substances are extracted, produced or capable of being produced from the earth, or a well or hole for the purpose of secondary recovery or disposal thereof. Well does not include a shot hole.

Well servicing. Remedial or maintenance work performed within any existing well which does not involve drilling or redrilling.
(Ord. 90-11, § 12, passed 3-6-90)
§§ 8-8-27—8-8-29 Reserved.
§ 8-8-30 Permit required; exceptions.
(A) A permit from the dire ctor shall be obtained:
(1) For drilling or redrilling operations in connection with the exploration for or the production of petroleum, or for the purpose of secondary recovery; and

(2) To erect, construct, enlarge, al ter, repair, move, improve, remove, convert or demolish any structure. (B) No permit shall be required for well servicing or main tenance or for any structure for which a building permit is not required.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-31 Issuance of permit.
(A) (1) The applicant for a permit under this subchapter sha ll file an application in writing for a permit on a form furnished for that purpose by the community development department. (2) The application shall be accompanied by:
(a) A complete legal description of the property;
(b) A fully informative plot plan showing the location of the well, the location of which has been staked on the ground, and appurtenant structures, and their relation to any existing hospital, sanitarium, church, rest home, airport, school and dwelling within the radius required by this subchapter; (c) Plans and engineering specificat ions of structures, drilling derricks, drilling masts, tanks and high- pressure systems regulated by this subchapter. The applicant need not file plans and engineering specifications of standard derricks, masts and tanks when such plans and specifications are already on file in the office of the director.
(d) A corporate surety bond in conformi ty with the provisions of § 8-8-32. (e) A verified statement signed by the applicant certifying that they are duly authorized by the operator to make and file the application and that they have read the application and the application is true and correct;
(f) An acknowledged statement in wr iting subscribed by the owner of the surface rights of the drill site and by the owner of any private land over which access is had to the drill site granting to the city the right to enter upon the drill site and such private land for the purpose of inspection and restoring the premises if the applicant should fail to do so;
(g) A statement as to the means by which liquid sp ills will be removed from diked areas or catchment basins; and
(h) Such other pertinent information as may be required by the director. (B) A drilling permit may be amended insofar as it relates to the drill site area and a drill site may be modified as to size and shape by filing with the director a modified plot plan, if the modified drill site conforms to the applicable provisions of this subchapter and of § 9-1-117, but not otherwise. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-32 Bond.
(A) Existing wells. A bond in the form required by this section shall be filed for each existing well within 30 days following the effective date of this subchapter.
(B) New wells. A bond in the form required by this section shall accompany every application for the drilling or redrilling of any oil well for which a bond is not on file. (C) Bond forms. Bonds shall be on a form approved by the city attorney and shall be filed with the community development department as follows:

(1) Single bonds. Corporate surety bonds in the penal sum of $5,000.00 in the amount established by resolution of the City Council. The bond shall be executed by the operator as principal and by the authorized surety company as surety and conditioned that the principal named in the bond shall faithfully comply with all the provisions of this subchapter in drilling or redrilling and maintaining all production facilities as required by this subchapter until properly abandoned in conformity with the provisions of this subchapter. The bond shall secure the city against all costs, charges and expenses incurred by it by reason of the failure of the principal to fully comply with the provisions of this subchapter. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the oil well.
(2) Blanket bonds. Any operator may, in lieu of filing a single bond for each well as required by divisions (A) and (B) above, file a bond in the amount of $25,000.00 to cover all of his operations conducted within the city established by resolution of the City Council to cover all of their operations conducted within the city. A rider to the bond shall be filed with the director showing the correct name or number of the well and such other information as may be necessary to readily identify the oil well for each well covered by the bond.
(D) Default in performance of conditions.
(1) Whenever the director finds that a default has occurred in the performance of any requirement or condition of this subchapter, written notice thereof shall be given to the principal and to the surety on the bond.
(2) Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the director to be reasonably necessary for the completion of such work. (3) After receipt of such notice, the surety shall, within the time therein specified, either cause or require work to be performed, or failing therein shall pay over to the director the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 25% of the estimated cost. Upon receipt of such moneys, the director shall proceed by such mode as they deem convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand. If the well has not been properly abandoned under the regulations of the division of oil and gas, such additional moneys may be demanded from the surety as necessary to restore the drill site in conformity with the regulations of this subchapter. (E) Exoneration. Any bond issued in compliance with this subchapter shall be terminated and canceled and the surety be relieved of all obligations thereunder when the well has been properly abandoned in conformity with all regulations of the division of oil and gas and notice to that effect has been received by the community development department.
(F) Substitution. A substitute bond may be filed in lieu of any bond on file under this section, and the director shall accept and file the bond if it is qualified and in proper form and substance. The bond for which it is substituted shall be exonerated, but only if the director finds that all of the conditions of the bond have been satisfied and that no default exists as to the performance upon which the bond is conditioned. (Ord. 90-11, § 12, passed 3-6-90)

§ 8-8-33 Fees; expiration of permit.
(A) Drilling or redrilling permit fee.
(1) A fee for each drilling permit or redrilling permit shall be paid to the director as established by resolution of the city council.
(2) Where drilling, redrilling, construction or other work for which a permit is required by this subchapter is started or proceeded with prior to obtaining the permit, the fees specified in this division (A)(2) shall

be doubled, but the payment of such double fee shall not relieve any person or employee from fully complying with the requirements of this subchapter or the execution of the work, or from any other penalties prescribed in this subchapter.
(B) Plan-checking fee. A plan-checking fee shall not be charged for the derrick or its appurtenances. A plan- checking fee shall be charged for all permanent buildings, production tanks, washing tanks, skim ponds and such other structures not directly connected with the derrick itself. A plan-checking fee shall be charged for oil well cellars designed to accommodate more than one oil well. The plan-checking fee shall be established by resolution of the city council.
(C) Annual inspection fee. The director shall inspect annually, and at such other times as they deem necessary, each producing oil well and suspended oil well regulated by this subchapter for the purpose of ascertaining whether the well is being operated or maintained in conformity with the minimum standards of this subchapter. To meet the expense of such inspection, the operator shall pay to the community development department an annual inspection fee as established by resolution of the city council. The year for which each fee is applicable runs from July 1 to June 30. The fees shall be based upon the total number of wells existing on July 1, whether producing or not. The fees shall be due prior to July 1 of the year to which they pertain.

No additional fee shall be charged for additional inspections which may be required during the year. The director shall keep a permanent, accurate account of all annual inspection fees collected and received under this subchapter, the name of the operator for whose account the fees were paid, and the date and amount thereof, together with the well name and designation and the general location of the well. A report of the director's annual inspection findings shall be furnished the operator. (D) Building permit fee. A building permit fee, as established by resolution of the city council, shall be charged for the erection or construction or relocation of any permanent building, tank or other structures included in this section, and such fee shall be based on the total valuation of the structure when completed. (E) Expiration of permit. No permit issued under this subchapter shall be valid unless utilization of the privileges granted thereby be commenced within 180 days from and after the date of issuance of the permit and diligently and progressively prosecuted thereafter.
(Ord. 90-11, § 12, passed 3-6-90)

§ 8-8-34 Drilling and operation of wells.
(A) Location of wells.
(1) (a) No oil well shall be drilled within the following distances measured from the centerline of any local street or any highway shown on the master plan of arterial highways, as amended:

1. Major highways, 210 feet;

2. Primary highways, 200 feet;

3. Secondary highways, 190 feet; and

4. Local streets, 180 feet, except that, in the case of a local street the right-of-way of which is more than 60 feet in width, the distance shall be 150 feet plus one-half of the existing right-of-way which is more than 60 feet in width. The director may determine that, because of the degree of slope or other feature of the topography, a lesser distance than one-half of the right-of-way in addition to the 150 feet is reasonable to ensure the safety of the traveling public in conformity with the purpose and intent of this division (A)(1)(a), in which case the distance thus set by the director shall prevail.
(b) No oil well shall be drilled within 150 feet of the nearest rail of a railway which carries passengers for hire.

(2) No oil well shall be drilled within 150 feet of any building used for human occupancy, nor shall any such buildings be erected within 150 feet of any oil well not abandoned, except buildings incidental to the operation of the well. No oil well shall be drilled within 150 feet from the outer boundary line. (3) No oil well shall be drilled within 300 feet of any building used as a place of public assemblage, institution or school, nor shall any such building be erected within 300 feet of any oil well not abandoned.
(4) The director may suspend any pr ovision of division (A) above, in whole or in part, or impose less restrictive requirements, if such provisions or requirements are rendered unnecessary or unreasonable by then-existing special features such as topography, the nature of the use and occupancy of and the proximity to buildings on adjoining property, the height, character and structure of such buildings, and the type and character of oil field development, and may impose additional safety requirements rendered necessary because of such special features.
(B) Surfacing of private roads and drill sites.
(1) Prior to commencement of any drilling operations, all private roads used for access to the drill site and the drill itself shall be surfaced by clean crushed rock or gravel or decomposed granite or oiled and maintained to prevent dust and mud.
(2) In particular cases these requirements governing surfacing of private roads and drill sites may be altered at the discretion of the director after consideration of all of the circumstances, including but not limited to distances from public streets and highways, distances from adjoining and nearby property owners whose surface rights are not leased by the operator and the purposes for which the property of such owners are or may be used, topographical features, nature of the soil and exposure to wind. (C) Derricks. All derricks and masts hereafter erected for drilling or redrilling shall be at least equivalent to the current American Petroleum Institute Standards.
(D) Signs.
(1) A sign having a surface area of not less than two square feet and no more than six square feet bearing the current name and number of the well and the name and insignia of the operator shall be displayed at all times from the commencement of drilling operations until the well is abandoned. (2) If there are more than two producing wells on one leasehold, it shall be sufficient if the entrances to the leasehold are posted with a sign not less than 18 inches by 24 inches in size bearing the name of the operator together with the name or designation of the lease, together with an openly visible sign on each producing well designating the particular number thereof. (E) Blowout prevention generally. Protection shall be provided to prevent the blowout of an oil well during drilling and redrilling operations and shall conform to the requirements of the California Administrative Code, title 8, Division 1, Chapter 4, Subchapter 14, Petroleum Safety Orders, Drilling and Production, article 55, Blow-Out Prevention, §§ 6691, 6691.1 and 6691.2.
(F) Blowout prevention for wells other than drilling wells. (1) Protection shall be provided to prevent the blowou t of an oil well, conforming to the requirements of the California Administrative Code, title 8, Division 1, Chapter 4, Subchapter 14, Petroleum Safety Orders, Drilling and Production, article 55, Blow-Out Prevention, § 6692, in the following cases:
(a) During perforating, shooting or cu tting off of string of casing; and (b) During well servicing operations on a well that is known to have sufficient gas pressure to cause the well to flow, or where the gas pressure is unknown. (2) The operator shall notify the director, in writing, at least one day before any of the operations described in this division (F)(2) are commenced. If the day following the day on which notice is given

falls on a Saturday, Sunday or holiday, then such additional days' notice must be given as may be required so that there shall be one day, Saturday, Sunday and holidays excepted, between the date notice be given and any of such operations commenced.
(G) Waiver of blowout prevention requirements. The blowout preventive requirements of divisions (E) and (F) above may be waived by the director upon such conditions and for such operations as they may determine, upon written application by the operator and upon a showing by them of sufficient cause therefor based upon information regarding depth of hole, probable gas pressures to be encountered, the proposed drilling, completion or abandonment program or whatever further information the director may require. (H) Drilling and production waste control.
(1) Rotary mud, drill cuttings, oil field waste, oil or liquid hydrocarbons and all other oil field wastes derived or resulting from or connected with the drilling of any well shall be discharged into a sump hole or steel tank. Such drill cuttings, rotary mud and drilling waste materials shall be removed from the drill site upon completion of drilling operations. Tanks used as and for sump purposes shall be removed from the drill site and sump holes shall be drained and backfilled within 30 days from and after completion of drilling.
(2) All wastewater and all other wast e materials resulting from production operations shall be disposed of into an appropriate waste facility, such as but not limited to an existing sump, a wastewater disposal system or a sewer, subject to the approval of the agency governing the facility involved. (3) Excepting temporary sumps for the disposal or st orage of materials used for or produced by drilling operations, no new sumps or ponds shall be created without the written approval of the director. (I) Fencing.
(1) All sumps or sump holes and all oil well production equipment having external moving parts hazardous to life or limb shall be attended 24 hours per day or be enclosed by a steel chainlink type fence not less than six feet in height and in addition having not less than three strands of barbed wire sloping outward at approximately a 45-degree angle and for 18 inches from the top of the fence. (2) There shall be no aperture below such fence greater than four inches. (3) Fence gates shall be placed at nonhazardous locations and shall be locked at all times when unattended by a watchman or serviceman.
(J) Cellars. The following regulations shall apply to cellars:
(1) Every cellar shall be constr ucted in accordance with the current Uniform Building Code adopted 2025 California Building Code and related codes, as amended and adopted by the city council. (2) Such cellars shall be kept free from water, oil drilling fluids or other substances which might constitute a hazard, except during drilling and servicing operations. (3) The depth of such cellars shall be the vertical me asurement between the lowest point of the floor area in the bottom of such cellar and the lowest point of the ground or any surface adjacent to the top of the cellar wall.
(4) All multi-well cellars exceeding thre e feet in depth and 25 feet in length shall have two separate means of exit or entrance. If the cellar exceeds 50 feet in length, one of the means of entrance or exit shall be a stairway. If the cellar exceeds 200 feet in length, a third means of entrance or exit shall be provided. (5) Multi-well cellars shall have a steel grate covering with no unobstructed openings in excess of three inches. Materials, equipment or other appurtenances shall not be stored or placed on the grating so as to interfere with the escape of gases and vapors.
(K) Removal of equipment.

(1) All drilling equipment and the derrick shall be removed from the premises within 60 days following the completion, abandonment or desertion of any well.
(2) Once the well is a producing well, it shall be serviced with a portable derrick when required. Drilling operations shall be diligently prosecuted until the well is completed or abandoned. (L) Soundproofing.
(1) Soundproofing shall comply with the following specifications when required by the provisions of § 9-1- 117.
(2) Soundproofing acoustical blankets for the drilling derrick and accessory structures shall be fibrous glass insulation 1½ inches thick, 0.50 pounds per cubic foot density, 0.063 pounds per square foot weight, and

0.00010 to 0.00015 fiber diameter (inches), with a phenolic binder having a temperature limit of 450 degrees Fahrenheit sewed between layers of fire retardant vinyl fiberglass cloth, 15 to 17 ounces per square yard, sewed with Dacron thread D-92 with stitches not more than six to the inch. (3) The lacing cord shall be flat vinyl-coated tape composed of fibrous glass yarn, braided, heat set and bonded. The tape shall have a 90-pound tensile strength. Grommets shall be no. 4 brass. All doors and similar openings shall be kept closed during drilling operations, except for ingress and egress. (M) Alternate materials and methods of construction.
(1) The provisions of this subchapter are not intended to prevent the use of any material or method of construction not specifically prescribed by this subchapter, provided any such alternate has been approved.
(2) The director may approve any such alternate pr ovided they find that the proposed design is satisfactory and complies with the intent of this subchapter, and that the material or method offered is, for the purpose intended, at least the equivalent of that prescribed in this subchapter in quality, strength, effectiveness, fire resistance, durability and safety. (3) The director shall require that su fficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Whenever there is insufficient evidence of compliance with the intent of this subchapter or evidence that any material or any construction does not conform to the requirements of this subchapter, or in order to substantiate claims for alternate materials or methods of construction, the director may require tests as proof compliance to be made, at the expense of the owner or his agent, by an approved agency.
(4) Test methods shall be as specified by this subcha pter for the material in question. If there are no appropriate test methods specified in this subchapter, the director shall determine the test procedure. (5) Copies of the results of all such tests shall be re tained for a period of not less than two years after the acceptance of the materials or methods.
(N) Sanitary facilities. Sanitary facilities shall be provided at the drill site during all drilling or redrilling operations and shall be in accordance with the standards of the health department. (Ord. 90-11, § 12, passed 3-6-90)
§§ 8-8-35—8-8-39 Reserved.
§ 8-8-40 Abandonment of facilities.

It shall be the responsibility of the director to determine that the drill site and all facilities pertinent thereto have been restored to their original condition as nearly as practicable in conformity with the regulations of this subchapter, including the following requirements:

(A) General standards.
(1) It shall be the responsibility of the operator to comply with the abandonment provisions of this subchapter, and they shall furnish to the director the approval of the division of oil and gas, California department of natural resources, confirming compliance with all abandonment proceedings under state law, and a notice of intention to abandon under the provisions of this section stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated.
(2) Abandonment shall be approved by the director after restoration of the drill site and the subsurface thereof has been accomplished in conformity with the following requirements:
(a) The derrick and all appurtena nt equipment thereto shall be removed from the drill site; (b) All tanks, towers and other surface installa tions shall be removed from the drill site; (c) All concrete, pipe, wood and other foreign materials shall be removed from the drill site to a depth of six feet below grade, unless part of a multi-well cellar is then being used in connection with any other well for which a permit has been issued; (d) The oil well casing shall be cut off at a poin t six feet below the drill site grade at the cellar, but in no case below sea level. Nothing shall be placed in the hole above the point of cutoff until the cutoff has been inspected by the director and by them found to be in compliance with all applicable provisions of law;
(e) The top 25 feet of the rema ining casing shall be filled with a cement plug to prevent gas fumes from escaping;
(f) A steel cap of not less than the same thickness as the well casing shall be tack welded to the casing in a minimum of four places; and
(g) All holes and depressions shall be filled and pa cked with native earth. All oil, waste oil, refuse or waste material shall be removed from the drill site. (B) Conversion to water well. A well may be converted to a domestic or agricultural water well upon the approval of the director after:
(1) A request in writing by the landown er has been made to the director; (2) An original or certified copy of the approved conversion permit from the division of oil and gas has been furnished to the director; and
(3) All the provisions relating to abandonment in division (A) above have been complied with, except that those appurtenances necessary in the opinion of the director for the operation of a water well may be retained.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-41 Called inspections.

Except as provided indivision (B) below, no drilling, redrilling, work or construction shall be done beyond the point indicated in each successive inspection without first obtaining the written approval of the director. (A) Site preparation.
(1) The well location shall be clearly marked by a stake or other suitable means and identified as the well location.

(2) The drill site shall be prepared as required in th is subchapter and shall be of such size so as to provide for the safe erection of the mast or derrick and all appurtenant structures thereto as indicated on the approved plot plan.
(3) Any private road used for ingress and egress of equipment to the drill site shall be prepared as required by this subchapter.
(4) The proposed well shall be loca ted in conformity with this subchapter as to the distances from streets, outer boundaries, public buildings and dwellings. (B) Commencement of drilling.
(1) The director shall be called and notified when the drilling derrick or mast has been erected in conformity with this subchapter and all necessary equipment pertinent to the drilling operations thereof has been installed and is on the site.
(2) Drilling may proceed prior to inspection of the derrick or mast, provided that its design has been previously approved by the director.
(3) It will be the obligation of the director to inspect such facilities as to their conformity with this subchapter as soon as reasonably practicable.
(C) Release of drilling crew. The director shall be notified immediately in writing when the drilling crew is released, and it shall then be their duty to inspect.
(D) Completion of drilling. Upon completion of drilling operations, an inspection request shall be called for. (E) Abandonment. An inspection shall be made subsequent to the approval of the abandonment notice, and the director shall certify that the well has been abandoned in conformity with all applicable regulations to a depth of six feet below grade.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-42 Information to be provided to director.
(A) Agent for service of notice.
(1) Every operator of any oil well shall designate an agent who is a resident of the state, upon whom all orders and notices provided for in this subchapter may be served in person, or by registered or certified mail.
(2) Every operator so designating such agent shall, within ten days, notify the director, in writing, of any change in such agent or such mailing address unless operations within the city are discontinued. (3) Service by registered or certified mail, or in person, on the agent so designated shall constitute service for all purposes of this subchapter.
(B) Transfer of ownership.
(1)(a) The operator shall notify the director, in writing, of the sale, assignment, transfer, conveyance or exchange by the operator of wells, property and equipment, within ten days after such sale, assignment, transfer, conveyance or exchange.
(b) The notice shall contain the following:

1. The name and address of the person to wh om such well and property was sold, assigned, transferred, conveyed or exchanged;

2. The name and location of the well;

3. The date of sale, assignment, tr ansfer, conveyance or exchange;

4. The date when possession was relinquished by the former operator; and

5. A description of the properties and equipment transferred. (2)(a) Every person who acquires any well, property or equipment, whether by purchase, transfer, assignment, conveyance, exchange or otherwise, shall, within ten days after acquiring such well, property or equipment, notify the director, in writing, of their ownership. (b) The notice shall contain the following:

1. The name and address of the person from whom such well and property was acquired;

2. The name and location of the well;

3. The date of acquisition;

4. A description of the properties and equipment transferred; and

5. The person designated for service of notice and his address. (C) Suspension of drilling and redrilling operations.
(1) The operator of any well shall notify the director, in writing, of any temporary suspension of operations, pending a resumption of operations or abandonment.
(2) The director, for good cause, may approve temporary suspension of operations. Such notice shall be filed with the director within 30 days from and after release of the drilling crew. (3) Failure of the director to act within ten days shall constitute approval thereof. (4) The operator shall notify the director, in writing, upon resumption of operations, giving the date thereof. (D) Change in drilling contractor.
(1) The operator, before changing drilling or redrilling contractors, shall file with the director a written notice of the change, giving the name of the original contractor and the name of the proposed contractor, and such information as was originally required to meet the design and structural requirements of this subchapter.
(2) Such notice shall be attached to and become a part of the original oil drilling or redrilling permit. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-43 Storage facilities.
(A) Storage capacity. Maximum tank capacity for a producing oil well is as follows: If oil or other liquid storage facilities are established incidental to a producing well on a drill site, such storage facilities shall not exceed a total of 2,000 barrels per well.
(B) Design and construction of tanks. All tanks shall be constructed in detailed conformity with the current API standards applicable thereto.
(C) Foundations and supports.
(1) Tanks shall rest directly on the ground or on foundations, supports or pilings of concrete, masonry, steel, crushed rock or wood.
(2) Exposed pilings or steel supports shall be protected by fire resistive materials to provide a fire resistance rating of not less than two hours.

(3) Stairs, platforms and walkways shall be of metal, concrete or wood. (D) Spacing between tanks.
(1) No tank for the storage of any flammable liquid shall be located closer than three feet to any other such tank.
(2) For tanks above 50,000 gallons' individual capaci ty for the storage of any flammable liquid, except crude petroleum, the distance between such tanks shall not be less than one-half the diameter of the smaller tank.
(3) Tanks for the storage of crude petroleum having capacities not exceeding 126,000 gallons (3,000 barrels) shall not be less than three feet apart. Tanks having a capacity in excess of 126,000 gallons (3,000 barrels) shall be not less than the diameter of the smaller tank apart. (4) (a) The minimum separation between a liquefied petroleum gas container and any other tanks for the storage of any flammable liquids shall be 20 feet.
(b) Suitable means shall be taken to prevent the accumulation of flammable liquids under adjacent liquefied petroleum gas containers, such as by diking, diversion curbs or grading. (c) When flammable liquid storage tanks are diked, the liquefied petroleum gas containers shall be outside the diked area and at least ten feet away from the centerline of the dikes; however, this provision shall not apply when liquefied petroleum gas containers of 125 gallons or less in capacity are installed adjacent to Class III flammable liquid storage tanks of 275 gallons or less in capacity.

(E) Location of tanks. The minimum distance between any outside aboveground tanks to the nearest building or line of adjoining property which may be built upon is as follows:
(1) Flammable liquids other than those having boilo ver characteristics similar to crude petroleum:

Capacity of Tank
(gallons)
Class of Flammable Liquid Minimum Distance
(feet)
0 to 275 III 0
276 to 750 III 5
0 to 750 I and II 10
751 to 12,000 III 10
751 to 12,000 I and II 15
12,001 to 24,000 I, II and III 15
24,001 to 30,000 I, II and III 20
30,001 to 50,000 I, II and III 25

(2) Crude petroleum and other liquids having boilover characteristics similar to crude petroleum and flammable liquid tanks with a capacity in excess of 50,000 gallons: Tanks with capacities in excess of 50,000 gallons and all tanks for the storage of crude petroleum shall be located in accordance with the following provisions (applicable to gastight tanks, including conservation type tanks, constructed in compliance with the standards of this subchapter or equivalent standards):

Storage Facilities
Product Stored Tank Protection Distance From Line of Adjoining Property Which May Be Built
Upon Shall Be Not Less Than

Refined petroleum products or
other flammable liquids not subject
to boilover
Group A tanks equipped with:
(1) An approved permanently
attached extinguishing system or
(2) An approved floating roof
Greatest dimension of diameter or
height of tank, except that such
distance need not exceed 120 feet
Group B tanks not equipped with
either of the above
1½ times the greatest dimension of
diameter or height of tank, except
that such distance need not exceed
175 feet
Crude petroleum Group C tanks equipped with:
(1) An approved permanently
attached extinguishing system or
(2) An approved floating roof
2 times the greatest dimension of
diameter or height of tank, except
that such distance shall not be less
than 20 feet and need not exceed
175 feet
Group D tanks not equipped with
either of the above
3 times the greatest dimension of
diameter or height of tank, except
that such distance shall not be less
than 20 feet and need not exceed
300 feet

(a) Group A tanks.

1. Any gastight tank constructed in compliance with the standards of this subchapter or equivalent standards and equipped either with:
a. An approved permanently attached extinguishing system; or b. An approved floating roof.

2. which is to be used only for the storage of refined petroleum products or other flammable liquids not subject to boilover shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than the greatest dimension of diameter or height of the tank, except that such distance need not exceed 120 feet. (b) Group B tanks.

1. Any gastight tank constructed in compliance with the standards of this subchapter or equivalent standards but not equipped either with:
a. An approved permanently attached extinguishing system; or b. An approved floating roof.

2. which is to be used only for the storage of refined petroleum products or other flammable liquids not subject to boilover shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than 1½ times the greatest dimension of diameter or height of the tank, except that such distance need not exceed 175 feet. (c) Group C tanks.

1. Any gastight tank constructed in compliance with the standards of this subchapter or equivalent standards and equipped either with:
a. An approved permanently attached extinguishing system; or b. An approved floating roof.

2. which is to be used for the storage of crude petroleum shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than twice the greatest dimension of diameter or height of the tank, except that such distance shall be not less than 20 feet and need not exceed 175 feet.
(d) Group D tanks.

1. Any gastight tank constructed in compliance with the standards of this subchapter or equivalent standards and not equipped either with:
a. An approved permanently attached extinguishing system; or b. An approved floating roof.

2. which is to be used for the storage of crude petroleum shall be so located that the distance from the line of adjoining property which may be built upon shall be not less than three times the greatest dimension of diameter or height of the tank, except that such distance shall not be less than 20 feet and need not exceed 350 feet.
(e) Definition of approved attached exting uishing system. The term "approved attached extinguishing system," as used in this division (E)(2), may be interpreted to apply to:

1. A fixed foam or other recognized extinguishing system embodying a supply of the extinguishing medium;

2. A system employing a pipeline for conveying foam from a point outside the dike to the tank; or

3. Portable overshot devices for applying foam over the rim of the tank. Where reliance is placed on a pipeline for conveying foam, the pipeline shall be so installed and attached as to be an integral part of the tank. Where reliance is placed on a portable overshot device, the practicability of its use shall be demonstrated before approval. Approved foam- generating equipment of sufficient capacity should be available on the property or by response of a municipal or other public fire department, or otherwise readily available, and there should be on hand or otherwise readily available a sufficient supply of foam- producing materials as specified in the National Fire Protection Association Standards for Standard for Low-, Medium- and High-Expansion Foam, Extinguishing Systems, No. NFPA

11. (f) Distances from storage tanks. No building used for human occupancy, except buildings essential to the operation of the storage facilities, shall be erected within the distances set out in the tables in this division (E) from such storage tanks.
(g) Definition of gastight tank. For purposes of th is division (E)(2), the term "gastight tank" includes so-called conservation type tanks.
(F) Diverse ownership. Where tank locations of diverse ownership have a common boundary, the director may, with the written consent of the owners, waive the required distances from the common property line and substitute the space between tanks as provided in this section. (G) Dikes, diversion walls and catchment basins.
(1) Required. Tanks used for the storage of crude petroleum and other flammable liquids having similar boilover characteristics shall be diked or provided with approved diversion walls and catchment basins or combinations thereof.
(2) Location. No catchment basin or diked impounding area shall be located closer to the outer boundary line, or to any building designed for human occupancy, than the diameter or height, whichever is greater, of the largest tank served by such basin or area, nor shall any building designed for human

occupancy be erected or placed closer than such distance to any catchment basin or diked impounding area.
(3) Capacity.
(a) The net capacity of a catchment basin, diked impounding basin or any combination thereof shall be equal to the capacity of the largest tank, plus 10% of the aggregate capacity of all other tanks served. (b) In computing the required capacity of a catchment basin, diked impounding basin or combination thereof.

1. The volume of the largest tank up to the height of the dike shall be considered as part of the available capacity of a diked impounding basin.

2. No part of the volume of tanks other than the largest tank shall be considered as part of the available capacity.

3. The capacity of a separate catchment basin may be used to reduce the required capacity of a diked impounding basin provided drainage sufficient to prevent overflow of the dike and effective control of flow are provided.

4. The capacity of a single separate catchment basin may be applied to reduce the required capacity of each of the diked impounding basins draining into it. (4) Construction. Dikes shall be of earth, concrete or solid masonry designed to be liquidtight, and shall be maintained. Where piping passes through dikes, provision shall be made for movement without damage to the dike and to minimize leaks under emergency conditions. Earthen dikes shall be built and maintained at a minimum height of two feet, have sloping sides consistent with the angle of repose of the material used, and be not less than two feet wide at the top. The distance between the inside toe of any dike and the shell of the tank shall be not less than five feet for tanks not more than 30 feet in diameter and ten feet for tanks in excess of 30 feet in diameter. (a) Spill dikes. Where tanks within a common diked impounding basin may cause mutual exposure from spills, spill dikes shall be provided between tanks of 10,000 barrels or greater individual capacity. Groups of tanks of less than 10,000 barrels individual capacity and not in excess of 15,000 barrels aggregate capacity may be enclosed within a single spill dike. The height of such spill dike shall not exceed 50% of the height of the main or perimeter dikes. (b) Drainage. Drainage shall be provided at a consistent slope of not less than 1% away from tanks and fittings to a sump, drain box or other safe means of disposal located within the diked impounding area and at the greatest possible distance from the shell of the tank. Traps with not less than six inches of liquid seal shall be provided between the sumps, drain boxes or sewer openings within any impounding area and the sewers or drains intended for the disposal of spills.

A valve, operable from outside the dike, shall be provided in the dike drain system and shall normally be kept closed.
(c) Disposal. Approved provisions shall be made for disposing of water and of oil retained by dikes, impounding or catchment basins.
(H) Suspension of requirements. In particular installations, some or all of the requirements of divisions (D), (E) and (G) above governing storage facilities may be suspended, in whole or in part, or less restrictive requirements may be imposed pending further order of the director, where such requirements are rendered unnecessary or unreasonable by reason of the then-existing special features such as topography, nature of occupancy and proximity to buildings on adjoining property, the height and character of construction of such buildings, capacity and construction of the proposed tanks and the character of liquids to be stored, the degree of private fire protection to be provided and the facilities of the fire department to cope with flammable liquid fires.

(I) Skim ponds. Any open, accessible, surface or subsurface installation used for the disposal of permitted waste liquids shall be fenced in accordance with the fencing provisions of this subchapter. (J) Loading by truck from production tank sites.
(1) Location. Tank vehicle loading racks, loading platforms or movable loading spouts or arms dispensing flammable liquids shall be separated from tanks, warehouses, other buildings, public streets and the nearest line of property that may be built upon by a clear distance of not less than 25 feet, measured from the nearest position of any fill stem. Buildings for pumps or for shelter of loading personnel may be part of the loading rack or platform. No person shall load or unload or permit the loading or unloading of a tank vehicle unless such vehicle is located outside of any public street right-of-way. (2) Loading and unloading operations. During the loading or unloading of a tank vehicle, a qualified person shall be at the loading or unloading controls. Provision shall be made for the safe disposal of oils released by overflow and from loading spouts or lines.
(K) Maintenance of tanks. All tank tops which are accessible by means of a ladder, stairs or otherwise shall be maintained in a safe manner. Such tops, unless constructed and maintained in compliance with the applicable API standards, shall be made of a substantial material with no openings in excess of four inches in any dimension except for gauging hatches and similar openings which can be secured. (Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-44 High pressure pipe systems.

All piping systems to be operated at a pressure in excess of 20% of the minimum yield strength of the material with which the pipe is fabricated shall be designed, constructed, operated and maintained in accordance with the provisions of ANSI Standard B-31.
(Ord. 90-11, § 12, passed 3-6-90)
§§ 8-8-45—8-8-49 Reserved.
§ 8-8-50 Fire prevention.
(A) Electrical equipment. All electrical equipment shall be installed and maintained in accordance with the requirements of the National Electrical Code as amended and adopted by the city. (B) Internal combustion engines, storage tanks, fired equipment and open flames. No internal combustion engine, storage tanks, boiler-fired equipment or open flames, except welding supervised by the production foreman, drilling foreman, drilling engineer, drilling supervisors or safety supervisors, shall be located closer than 25 feet to a producing well or closer than 100 feet to a drilling well; except that internal combustion engines, and their fuel tanks, used in the drilling, production and servicing of oil wells are exempt from this provision. During drilling operations on a drill site of two acres or less in area where two or more wells are drilled and drilling and production equipment is located on such sites, the provisions in this division (B) relating to distances of storage tanks may be altered at the discretion of the director after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings on adjoining property and height and character of construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stored, degree of private fire protection to be provided, and facilities of the fire department to cope with flammable liquid fires. (C) Muffling of exhausts. The engines used in connection with the drilling of any oil well or in any production equipment of any oil well shall be equipped with an exhaust muffler to prevent excessive or unusual noise.

Means shall be provided on all engines used during drilling operations to prevent the escape of flames, sparks, ignited carbon and soot.
(D) Flammable waste gases and vapors. Flammable waste gases or vapors escaping from a production drill site shall be burned or controlled to prevent hazardous concentrations reaching sources of ignition or otherwise endangering the area.
(1) Flares. Approved means of ignition shall be provided whenever hydrocarbon gases are released to the air through flares.
(2) Venting. Gases or vapors not burned may be discharged to the atmosphere at a distance not less than 20 feet vertically above grade and not less than 25 feet horizontally from any source of ignition and at locations that do not create a hazard to the general area. (E) Waste control on drill site.
(1) No person shall permit or cause to be permitted the discharge of any liquid containing crude petroleum or its products into or upon any street, public highway, drainage canal or ditch, storm drain or flood control channel.
(2) No person shall permit or cause to be permitted an y oil, waste oil, refuse or waste material to be on the surface of the ground under, around or near any oil well, pump, boiler, oil storage tank or building, except within an oil sump, tank, catchment basin or skimming pond. No new sumps or ponds shall be created without the written approval of the director.
(3) All land within 25 feet of any oil well, flammable liquid tank or other appurtenance to any such well shall be at all times kept free and clear of dry weeds, grass, rubbish or other combustible debris When this distance is not sufficient to provide reasonable fire safety, a greater distance may be required, which shall not exceed the height of the derrick or greatest dimension of the tank. (F) Smoking. No person shall smoke or cause, permit or allow another person to smoke within 50 feet of any well or tank location or any area contaminated by oil or waste gas. (G) Fire control equipment. A minimum of two fire extinguishers shall be maintained at all oil well locations where drilling, servicing or repair work is being conducted. Each such extinguisher shall have a minimum classification of 208 as set forth in National Fire Protection Association No. 10, Standard for the Installation of Portable Fire Extinguishers.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-51 Enforcement of subchapter.

It shall be the duty of the director to enforce the provisions of this subchapter. If at any time the director finds any operator is violating any of the provisions of this subchapter, he may order immediate compliance. If immediate compliance is not obtained, the director shall order immediate cessation of operations. The operator shall immediately comply with the order of the director to cease, and shall not resume any operations until written approval of the director is had.
(Ord. 90-11, § 12, passed 3-6-90)
§ 8-8-52 Appeals.
(A) The city council shall have and exercise the power to hear and determine appeals where it is alleged there is error or abuse of discretion in any order, requirement, decision or determination made by the director in the administration or enforcement of any of the provisions of this subchapter.

I -

(B) An appeal shall be in writing and shall be filed in tr iplicate in the office of the director. An appeal from any order, requirement, decision or determination by the director must set forth specifically wherein it is claimed there was an error or abuse of discretion by their action or where the decision is not supported by the evidence in the matter.
(C) Any appeal not filed within ten days from and after the date of the order, requirement, decision or determination complained of shall be dismissed by the city council. (D) Within five days from and after th e filing of the appeal, the director shall transmit to the city council all papers involved in the proceedings and two copies of the appeal. In addition, they may make and transmit to the city council such supplementary report as they may deem necessary to present clearly the facts and circumstances of the case.
(E) Upon receipt of the record, the city council shall set the matter for hearing and give notice by mail of the time, place and purpose thereof to the appellant and to the director and any other party at interest who has requested in writing to be so notified, and no other notice need be given. (F) Upon the date set for the hearing, the city council sh all hear the appeal, unless for cause the city council shall on that date continue the matter. No notice of continuance need be given if the order therefor is announced at the time for which the hearing was set.
(G) Upon the hearing of such appeal , the city council may affirm, change or modify the ruling, decision or determination appealed from, or in lieu thereof may make such other or additional determination as it shall deem proper in the premises, subject to the same limitations as are placed upon the director by this subchapter and by other provisions of law.
(Ord. 90-11, § 12, passed 3-6-90)

§ 8-8-53 Penalty for violation of subchapter.

Any person violating any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punished by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 90-11, § 12, passed 3-6-90)
Laguna Niguel, California, Code of Ordinances
TITLE 9 PLANNING AND ZONING

TITLE 9

PLANNING AND ZONING
Chapter 1. Planning
Chapter 2. Sand, Gravel and Mineral Extraction Code
Chapter 3. Underground Utility Districts

Chapter 1 PLANNING
Subchapter 1. Planning Commission and Zoning Administrator, §§ 9- 1-1—9-1-9
Subchapter 2. Comprehensive Zoning Code, §§ 9-1-10—9-1-199 Subchapter 3. Subdivision Co de, §§ 9-1-200—9-1-400
Subchapter 4. Flood Plain Management, §§ 9-1-401—9-1-499 Subchapter 5. Local Park Code, §§ 9-1-500—9-1-599
Subchapter 6. Interim School Fa cilities Fees, §§ 9-1-600—9-1-699 Subchapter 7. Reserved, §§ 9-1-700—9-1-799
Subchapter 8. Gate-Guarded Neighborhoods, §§ 9-1-800—9-1-804

SUBCHAPTER 1. PLANNING COMMISSION AND ZONING ADMINISTRATOR § 9-1-1 Establishment of planning commission.

There is hereby created a city planning commission consisting of five members. Members shall be appointed in accordance with the procedures set forth in title 2, chapter 3. The city attorney, city director of community development, city engineer and the city traffic engineer are advisory members to the city planning commission.

Advisory members shall not have the right to vote on any matter before the commission. The director of community development or their designee shall act as the executive officer to the commission. Advisory members may designate a deputy to sit with the commission in their absence. The provisions of title 2, chapter 3, shall be applicable to the planning commission, except when there is a conflict between the provisions of title 2, chapter 3, and the provisions of this subchapter, in which case the provisions of this subchapter shall prevail. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-2 Terms of office of members of planning commission.

The term of office for members of the planning commission shall be two years, except that the initial term of office for three of the members of the commission shall expire on December 31, 1991, and the initial term of office for the other two members of the commission shall expire on December 31, 1992. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90; Ord. 90-25, § 2, passed 6-19-90)

§ 9-1-3 Meetings of planning commission.

The planning commission shall meet regularly at least once each month, at a time and place to be fixed by resolution of the city council, and it shall hold such other meetings as it deems necessary. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-4 Compensation and expenses of members of planning commission.

Each member of the planning commission shall receive compensation as established by the city council and be paid their actual and necessary traveling expenses while conducting business for the commission. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-5 Powers of planning commission.

In addition to those powers otherwise provided by law, the planning commission shall have the following powers:
(A) The commission shall have the power to recommend to the officers of the city adoption of plans and regulations for the future growth, development and beautification of the city with respect to public and private development.
(B) The commission shall have the power to recommend to the officers of the city plans consistent with the future growth and development of the city in order to secure to the city and its inhabitants proper sanitation and proper service of all public utilities and transportation facilities. (C) The commission shall have the power to make re commendations to any public authorities or any corporation or individuals of the city with reference to the location of any proposed buildings, structures or works.
(D) The planning commission is hereby designated as an advisory agency as that term is used in the Subdivision Map Act, being California Government Code, Title 7, Division 2 § 66410, and shall have the authority to review and approve, conditionally approve or disapprove tentative tract maps and tentative parcel maps and lot line adjustments when the lot line adjustments are referred by the subdivision committee or when the action of the subdivision committee is appealed. (E) The commission shall have the power to perform those tasks required of it by the city council and to do those things otherwise required by law of a planning commission acting as a planning agency of a city, including undertaking the study for, preparation and recommendation of a general plan as required by law, covering a comprehensive, long-term general plan for the development of the city. (1) Exclusion. The Community Development Director may serve as the planning agency, as defined in the California Government Code § 65100, specifically for reporting upon conformity determinations with the City of Laguna Niguel General Plan pursuant to California Government Code § 65402 for the following street-related or similar acquisitions, dispositions, vacations and/or abandonments:
(a) The disposition of the remainder of a larger parcel which was acquired and used in part for street purposes or other public purposes of a minor nature; (b) Acquisitions, dispositions, vacations or abandonments for street widening of a minor nature; (c) Alignment projects, provided such dispositions for street purposes; acquisitions, dispositions or abandonments for street widening; or alignment projects are of a minor nature; or

(d) Other similar acquisitions, dispositions, vacations or abandonments for public purposes of a minor nature.
(2) The Community Development Director shall determine whether the street-related or similar acquisition, disposition, vacation and/or abandonment is considered “of a minor nature” under this section. If the acquisition, disposition, vacation and/or abandonment is not considered “of a minor nature”, the Community Development Director shall refer the conformity determination to the Planning Commission.
(F) The City Council is hereby designated as an appeal board as that term is used in the Subdivision Map Act, and shall hear appeals from actions of the Planning Commission with respect to tentative tract maps, tentative parcel maps and lot line adjustments.
(Ord. 90-11, § 13, passed 3-6-1990; Ord. 90-17, § 2, passed 4-17-1990; Ord.91-48, § 2, passed 11-5-1991) § 9-1-6 Establishment of office of zoning administrator.

There is hereby created the office of zoning administrator. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-7 Designation of zoning administrator; associate zoning administrator.

The director of community development shall act as the zoning administrator. The director shall also appoint an associate zoning administrator to act for and on behalf of the zoning administrator during their absence. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-8 Authority of zoning administrator.

The zoning administrator shall have the authority to conduct public hearings and to make determinations regarding discretionary permit applications in accordance with Title 9, Chapter 1, Subchapter 2, Article 11. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 2, passed 4-17-90) § 9-1-9 Reserved.

SUBCHAPTER 2. COMPREHENSIVE ZONING CODE
ARTICLE 1. GENERAL PROVISIONS
§ 9-1-10 Purpose and authority.
(A) Title. This subchapter shall be known as the "City of Laguna Niguel Zoning Code", the "zoning code" or, for purposes of this subchapter, may be referred to by the short title "Code." (B) Purpose. The zoning code is intended to guide the development of the city in an orderly manner, implement the policies of the general plan, protect and enhance the quality of the natural and built environment, promote the public health, safety and general welfare by regulating the use of land and buildings and the

location and basic form of structures, and provide the physical, environmental, economic, and social advantages that result from the orderly planned use of land resources. (C) Authority. The zoning code is enacted based on the authority vested in the City and the State, including but not limited to the California Constitution, Planning and Zoning Law (California Government Code § 65000 et seq.), the California Environmental Quality Act (California public resources code § 21000 et seq.), and other applicable state laws. This code is also adopted pursuant to the public resources code § 30000 et seq. for the purpose of complementing the city's local coastal program. (D) General requirements. Land or buildings may be used and structures may be erected or altered only in accordance with the regulations in this title 9.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 3, passed 8-3-21) § 9-1-11 Applicability of code.
(A) Compliance required. Except as specifically provided in this zoning code, no uses or structures shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed and no lot lines shall be created or changed except in conformity with this code. (B) Applicability to property. This code shall apply to all land within the city except as otherwise provided by this section.
(C) Applicability to road rights-of-way.
(1) Within dedicated public and private road right-of-way, only the following are subject to the land use regulations of this code:
(a) Signs not placed or maintained by public agencies. However, bus bench and bus shelter signs in road rights-of-way are regulated by § 7-1-120 et seq.;
(b) Walls or fences not erected or ma intained by public agencies; and (c) Landscaping.
(2) Notwithstanding the preceding, all uses and structures within the coastal zone may be subject to a coastal development permit.
(D) Applicability to land owned or leased by city. Except for road rights-of-way, land owned in fee by the city or land leased to or used by the city is exempt from all of the land use regulations of this code. (E) Limitations on validity of permits. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be an approval of any violation of any provision of this code. The issuance of such a permit shall not prevent the city from thereafter requiring the correction of violations of this code or of any other ordinance of the city.
(F) General relationship to other codes. The regulations of this title and requirements or conditions imposed pursuant to this title shall not supersede any other regulations or requirements adopted or imposed by the city, the State, or any Federal agency that has jurisdiction by law over uses and development authorized by this title. All uses and development authorized by this title shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of this title and any other city ordinance, title, chapter, resolution, guideline or regulation, the more restrictive provisions shall control, unless otherwise specified, nor shall any provision of this code be deemed to repeal or amend the city's building regulations (title 8).
(G) Relationship to California Environmental Quality Act. When a project application pursuant to the provisions of the zoning regulations is determined to be subject to the provisions of the California Environmental Quality Act (CEQA), the application shall be reviewed in accordance with the provisions of the zoning

regulations, CEQA (California public resources code § 21000 et seq.), the CEQA guidelines ( California Code of Regulations, Title 14, § 15000 et seq.), and any environmental guidelines and other applicable rules adopted by the city.
(H) Effect of code on private agreements. This code is separate from and independent of any condition, covenant, restriction, easement, or other agreement between parties, except that where this code is more restrictive or imposes a higher standard than that required by such agreement, this code shall control. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 4, passed 8-3-21) § 9-1-12 Prior agreements and approvals.
(A) Development agreements. Notwithstanding any provision of this zoning code, any development agreement which is valid as of the effective date of this code shall remain in full force and effect until expiration of said agreement. Permitted land uses, development standards, and other zoning provisions referred to in such a development agreement shall supersede the provisions of this code. (B) Building permits. Any development project approved prior to the effective date of this code for which a building permit has been issued within 180 days after the effective date of this code may be constructed in accordance with the zoning regulations in effect at the time of its approval, provided all other regulations are satisfied. Any project for which a building permit has not been issued within 180 days after the effective date of this code shall comply with this code.
(C) Nonconforming uses and lots. Any land use or lot approved prior to the effective date of this code which does not conform to the provisions of this code may nevertheless be established or recorded in accordance with approved plans or maps, provided all other regulations in effect at the time of approval are satisfied. (D) Approved vesting maps. Any vesting tentative tract or parcel map which was approved pursuant to earlier ordinances of the city which is now inconsistent with this code may be continued and completed in accordance with the provisions of its approval, provided it is completed within the time limit in effect at the time of its approval without extension of time thereof and provided it complies with all other ordinances and laws in effect at the time of its approval.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-13 General plan density and intensity.

Notwithstanding any provision of this zoning code, the limitations on density, unit counts, square footages, floor area ratios, and other similar measures established in the general plan shall constitute the upper limit of development intensity for all land in the city.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-14 Code interpretations.

Interpretations of the provisions of this zoning code shall be made by the director. Such interpretations may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral. (Ord. 99-107, § 5, passed 2-2-99)

§ 9-1-15 Use of terms.
(A) Rules for construction of language. The following general rules of construction shall apply to the textual provisions of this code.
(1) The specific shall supersede the general.
(2) The word "shall" is mandatory. The word "may" is discretionary. The word "should" identifies a regulation or design guideline which must be followed in the absence of compelling opposing considerations identified by the city decision-making body. (3) In the case of any difference of meanings or im plication between the text regarding a provision of the code and any title, heading, caption, or illustration, the text shall control. (4) Unless the context clearly indicates otherwise, wo rds used in the present tense include the future, words used in the singular include the plural, and words used in the plural include the singular. (5) Unless the context clearly indicates otherwise, certai n conjunctions shall be interpreted as follows:
(a) "And" indicates that all connected items or provisions shall apply. (b) "Or" indicates that the connec ted items or provisions may apply singly or in any combination. (c) "Either...or" indicates that the connected items or provisions shall apply, but not in combination. (6) Unless otherwise indicated, all public officials, bodies and agencies to which reference is made are those of the city.
(7) "Director" means the community development director of the city or the director's authorized agent or representative.
(B) Time periods. The use of the term "days" to describe a specific time period does not include the day the action was taken but does include all subsequent days unless the last day falls upon a Saturday, Sunday, or a legal city holiday, in which case the next business day shall be the last day of the time period. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-16 Severability.

The city council hereby declares that each portion of this zoning code is separate, distinct, and independent and the invalidity of any portion shall not affect the validity of the remaining portions. The city council further declares that it would have enacted this code and each portion thereof irrespective of the fact that any portion or portions are declared invalid or ineffective. Therefore, in the event that any map, diagram, regulation or other portion of this code is declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. (Ord. 99-107, § 5, passed 2-2-99)
§§ 9-1-17—9-1-19 Reserved.

ARTICLE 2. ZONING DISTRICTS

§ 9-1-20 Establishment of districts.
(A) The city is hereby divided into zoning districts which are consistent with and implement the general plan. (B)The following districts are established:
(1) RS-1: Rural residential district;
(2) RS-2: Residential estate district;
(3) RS-3: Single-family district 3;
(4) RS-4: Single-family district 4;
(5) RP: Planned residential district;
(6) RA: Attached residential district;
(7) RM: Multifamily district;
(8) CN: Neighborhood commercial district;
(9) CC: Community commercial district;
(10) CO: Office commercial district;
(11) BP: Business park district;
(12) PI: Public inst itutional district;
(13) PR: Parks and recreation district;
(14) OS: Open space district;
(15) MC: Managed care overlay district;
(16) FP: Floodplain overlay district;
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-21 Adoption of official zoning map.
(A) Adoption of map. The boundaries of the zoning districts established in this zoning code shall be shown on that map entitled "City of Laguna Niguel Official Zoning Map" available for public examination at the city's community development department.
(B) Interpretation of district boundaries. Where uncertainty exists regarding the precise boundaries of districts on the official zoning map, the following rules shall apply. (1) Boundaries indicated as approximately following the centerlines of streets shall be construed as congruent with such centerlines. Boundaries indicated as approximately following the right-of way lines of streets shall be construed as congruent with such right-of-way lines and shall further be construed as moving with such right-of-way lines.
(2) Boundaries indicated as approximately following lot lines shall be construed as congruent with such lot lines.
(3) Boundaries indicated as parallel to or extensions of the lines described in division (B)(1) and (B)(2), above shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(4) Where any public right-of-way is officially vacated or abandoned, the zoning district regulations applied to abutting property shall thereafter extend to the centerline of such vacated or abandoned right-of- way.
(5) In cases where uncertainty exists after application of rules in divisions (B)(1) through (B)(4) above, the director shall determine the district boundaries.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-22 Special zoning symbols.
(A) In any zoning district, the minimum lot size and setbacks and the maximum building height and floor area ratio may be different from that set forth in the district regulations if so specified on the official zoning map.
(B) Such alternate development standards shall supersede those in the district regulations and shall be specified by means of the following zoning map symbols:
(1) A number following the district designation and connected by a colon (:) shall designate the minimum lot size. Where the number is greater than 100, it shall indicate the minimum size in square feet; where the number is less than 100, it shall indicate the minimum size in acres.

Example: "RS-2: 10,000" (min. lot size 10,000 sq. ft.) or "RS-2: 1" (min. lot size 1 acre) (2) Numbers following the district designation and enclosed by parentheses shall designate the minimum setbacks in feet. Within the parentheses, setbacks shall be separated by a slash (/) and shall be shown in the following order: (front/side/rear).

Example: "RS-2 (20/5/25)"
(3) A number shown below and separated from the district designation by a horizontal line shall designate the maximum height of buildings or structures in feet.

Example:
"CC"
45 (4) A number following the district designation and enclosed by brackets shall designate maximum floor area ratio (FAR, the ratio of building square footage to buildable site area).

Example: "CC [.35]"
(5) The preceding symbols may be us ed in any combination to show minimum lot size, minimum setbacks, maximum floor area ratio, or maximum height.

Example:
"RS-2 (20/5/25) [.35]: 1"
45 (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-23 Land uses not listed.
(A) (1) Use not listed is not allowed. If a use of land is not specifically listed in permitted uses section of the applicable zone the use shall not be allowed, except as provided below.

(2) Director's determination.
(a) Because not every possible land use can be identified in this zoning code and because new land uses evolve over time, this section establishes the director's authority to determine if unlisted uses shall be permitted outright, permitted with a use permit, or not permitted in a zoning district. (b) In order to determine that a use is permitted outright or with a minor use permit or use permit, the director shall ensure consistency with the following objectives:

1. The proposed use is consistent with the goals and policies of the general plan;

2. The proposed use is consistent with the purpose and inte nt of the district in which it is to be located;

3. The proposed use is similar to other uses which are perm itted in the district in which it is to be located; and

4. The proposed use will not adversely affect the health, safety or welfare of residents or other persons in the vicinity of the use.
(B) Any determination on a proposed unlisted use may be referred to the planning commission for review if the director determines on a case-by-case basis that the public interest would be better served by such referral. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 5, passed 8-3-21) § 9-1-24—9-1-29 Reserved.

ARTICLE 3. RESIDENTIAL DISTRICTS
§ 9-1-30 Summary of district regulations.
(A) Permitted uses. Section 9-1-32 specifies the land uses allowed in each residential district. (B) Development standards. Section 9-1-33 specifies the development standards for each district. (C) Supplemental regulations. Supplemental regulations for residential districts are as follows:
(1) Parking and signs…..3-14;
(2) Fences and walls…..3-14;
(3) Accessory structures…..3-17;
(4) Garages, carports and driveways…..3-18;
(5) Swimming pools and spas…..3-20;
(6) Satellite dish and other antennas…..3-21;
(7) Second residential units…..3-24;
(8) Guest houses…..3-26;
(9) Garage sales…..3-27;
(10) Home occupations…..3-27;
(11) Horses and other animals…..3-29;
(12) Screening…..3-30;
(13) Landscaping and open area…..3-30;

(14) Tennis and other game courts…..3-32;
(15) Outdoor lighting…..3-33;
(16) Special outdoor events…..3-34;
(17) Manufactured housing and mobile homes…..3-35;
(18) Child day care homes…..3-36;
(19) Residential care facilities…..3-38;
(20) Temporary construction and guard offices…..3-38;
(21) Relocatable buildings…..3-39;
(22) Trash and recyclable materials storage…..3-39;
(23) Noise control…..3-39;
(24) Model home complexes…..3-40; and
(25) Gate-guarded neighborhoods…..3-42;
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-31 Purpose and intent of districts.

Subsections included: All references to § 9-1-31 include §§ 9-1-31.1 through 9-1-31.6. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-31.1 RS-1 rural residential district.

Purpose and intent: To provide for large-lot rural estates with abundant open space on each lot. (Ord. 99-107, § 5, passed 2-2-99)
Sec. 9-1-31.2. RS-2 residential estate district.

Purpose and intent: To provide for low density estates with ample setbacks. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-31.3 RS-3 and RS-4 single-family districts.

Purpose and intent: To provide for the development and preservation of low and medium density neighborhoods with single-family residences on individual lots. (Ord. No. 99-107, § 5, 2-2-99)
§ 9-1-31.4 RP planned residential district.

Purpose and intent: To provide for the development and preservation of medium density planned unit developments with attached homes, detached homes, or a mixture of both. Setbacks and other development

standards are to be tailored specifically to each project by means of a precise development plan which is approved with the project and incorporated into this zoning code as an appendix. (Ord. No. 99-107, § 5, 2-2-99)
§ 9-1-31.5 RA attached residential district.

Purpose and intent: To provide for the development and preservation of medium density neighborhoods composed primarily of attached development with each unit attached to another unit on only one side. (Ord. No. 99-107, § 5, 2-2-99)
§ 9-1-31.6 RM multifamily district.

Purpose and intent: To provide for the development and preservation of developments containing multiple dwelling units on each lot, consisting of either rental apartments or condominiums with individual ownership of units. Each project will have ample common open space and recreation facilities. (Ord. No. 99-107, § 5, 2-2-99)
§ 9-1-32 Permitted uses.
(A) Development permits required. Table 3.1 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 3.1 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 preceding (e.g. principal use, conditional use, etc.) in accordance with § 9-1-23.
(C) Table of permitted uses.
(1) Table 3.1, "Permitted residential uses", following, specifies those uses and structures which are permitted within each residential district.
(2) 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 residential 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 an accessory use if a minor use permit is approved. (d) "H" The home occupation is permitted if acce ssory to the principal residential use and if a home occupation permit is approved.
(e) "T" The use is permitted on a temporary basis if a temporary use permit is approved. (f) "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”.

Table 3.1: PERMITTED RESIDENTIAL USES.

P= Permitted use
T= Temporary use permit
A= Accessory use
M= Minor use permit
U= Use permit
X= Prohibited use
H= Home occupation permit

DISTRICT
LAND USE RS-1
Rural
residen-
tial
RS-2
Residen-
tial
estate
RS-
3/RS-4
Single-
family
RP
Planned
residen-
tial
RA
Attached
residen-
tial
RM
Multifamily

RESIDENTIAL USES
Single-family detached dwellings P P P P X X
Single-family patio homes (i.e., "zero lot-
line" detached)

X X X P X X
Two-unit attached dwellings (two units per
building)

X X X P P XP
Townhome dwellings (typically three or
more units per building)

X X X P X P
Apartment projects (rental or
condominium)

X X X X X P
Manufactured homes, subject to § 9-1-

35.17 P P P X X X
Bed and breakfast establishments Prohib ited in all residential districts Transitional and Supportive Housing Permi tted in accordance with Section 9-1-35.28

GROUP LIVING AND GROUP CARE USES

Small and Large child day care homes,
subject to § 9-1-35.18

P P P P P P
Group Home Permitted in accordance with Section 9-1-38 Managed care facilities, 7 or more persons,
subject to § 9-1-54.2. The site must be
within the MC overlay district

X X X X X U

OPEN SPACE AND RECREATIONAL USES
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 Clubhouses and community pools/cabañas P P P P P P Unlighted tennis and other game courts on
private property, subject to § 9-1-35.14

A A MU P P P
Lighted tennis and other game courts on
private property, subject to § 9-1-35.14

MU MU MU MU MU MU

ACCESSORY USES AND STRUCTURES
Fences and walls, subject to § 9-1-35.2 A A A A A A Patio covers, decks, and gazebos, subject to
§ 9-1-35.3

A A A A A A

Storage and other accessory buildings,
subject to
§ 9-1-35.3

A A A A A A
Garages and carports, subject to § 9-1-35.4 A A A A A A Swimming pools, spas, and other bodies of
water, subject to § 9-1-35.5

A A A A A A
Outdoor antennas and satellite dishes,
subject to § 9-1-35.6

MU MU MU MU MU MU
Accessory dwelling units and junior
accessory dwelling units, subject to § 9-1-

35.26 & § 29-1-35.27

A A A A A A
Guest houses, subject to § 9-1-35.8 A A A X X X
Home occupations, subject to § 9-1-35.10 H H H H H H Keeping of household pets, subject to § 9-1-

35.11 A A A A A A
Keeping of horses, subject to § 9-1-35.11 A U X U X X Recreation vehicle parking 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, are consistent with the purpose
and intent of the zoning district per § 9-1-

23. A A A A A A

AGRICULTURAL USES
Orchards/tree farming P X X X X X

TEMPORARY USES
Garage sales, subject to § 9-1-35.9 A A A A A A
Special outdoor events, subject to § 9-1-

35.16 T T T T T T
Mobilehome residence during construction
of a new dwelling, subject to § 9-1-35.17

T T T X X X
Construction trailers and guard offices,
subject to § 9-1-35.20

T T T T T T
Use of relocatable building, subject to § 9-
1-35.21

T T T T T T
Model home complexes and sales offices,
subject to § 9-1-35.24

T T T T T T

OTHER USES
Utility substations and facilities U U U U U U
Public flood control facilities and devices P P P P P P Adult-oriented businesses 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
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. 2004-134, § 3.A, passed 2-17-04; Ord. 2011-163, § 3, passed 5-3-11; Ord. 2016-184, § 2, passed 10-4-16; Ord. 2017-187 § 2, passed 6-6-17; Ord. 2018-194, § 2, passed 6-5-18; Ord. 2021- 210, § 6, passed 8-3-21)
§ 9-1-33 Residential development standards.

All references to this § 9-1-33 shall include §§ 9-1-33.1 through 9-1-33.7. These sections set forth standards for the development of property within residential districts, such as minimum setbacks, maximum structure heights, and minimum lot sizes.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-33.1 Table of development standards.

Table 3.2 below and figures 3.1 and 3.2 below in § 9-1-34 specify standards for the development of property within residential districts. However, alternate standards different from those in table 3.2 below shall apply if a building line plan has been adopted for a specific tract or project (see official zoning map and/or appendix A). RP district standards marked with an asterisk shall be established by means of an approved precise plan for each project and incorporated into this code in appendix A. New or amended precise plans for RP projects shall be added to appendix A upon approval by the city.

TABLE 3.2: RESIDENTIAL DEVELOPMENT STANDARDS

DEVELOPMENT STANDARD DISTRICT
RS-1
Rural
residen-
tial
RS-2
Residen-
tial
estate
RS-3
Single-
family
RS-4
Single-
family
RP
Planned
residen-
tial
RA
Attached
residential
RM
Multifamily
Max. structure height (ft.) 35 35 35 35 35 35 35 Min. lot size (sq. ft.) 4 ac 8,000 3,000 3,000 * 2,000 n/a Min. front yard setback (ft.) 20 17 1 17 1 17 1 * 17 n/a Min. side yard setback (ft.)2 8 8 5 5 * 0/5 3 n/a Min. rear yard setback (ft.) 25 25 15 4 10 4 * 10 4 n/a Min. setback from
tops and toes of
slopes 2:1 or
steeper and over
10' high (ft.)
5 Main
building
10 10 10 10 10 10 10
ADUs 4 4 4 4 4 4 4
Accessory
structures5
3 3 3 3 3 3 3
Min. driveway length (ft.)6 20 6 20 6 20 6 20 6 * 20 6 20 6 Min. common open area (% of
net site area)
n/a n/a n/a n/a 25 7 n/a 25 7
Min. Perimeter Setbacks (ft.) n/a n/a n/a n/a 10/25 8 n/a 10/25 8 Landscaping Refer to section 9-1-35.13 for requirements.

Parking Refer to section 9-1-61 for requirements.

* RP standards shall be as shown on approved precise plan for each project. See appendix A. 1 For setbacks for side-entry type garages, the front setback may be reduced to 10 feet for the garage portion only, in accordance with Sec. 9-1-35.4 (Garages, carports and driveways). 2 Min. side setback = 10 feet adjacent to streets.

3 For RA attached dwellings, 0 feet on attached side and 5 feet min. on open side. 4 Where a rear yard abuts a street, the rear setback shall be a minimum 20 feet. 5 See Sec. 9-1-35.3 for additional development standards for accessory structures. 6 Per Sec. 9-1-35.4, driveways for garages/carports must be min. 20 feet in length. See Sec. 9-1-63 (Residential parking requirements) for minimum driveway widths.
7 In accordance with Sec. 9-1-35.13.
8 10 feet min. at any point; 25 feet min. average over the entire perimeter. Exception: Along scenic highways designated in the general plan, 25 feet min. at any point (measured from curbline) per Sec. 9-1-35.13. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 7, passed 8-3-21) § 9-1-33.2 RP district precise plans.

RP district setbacks and other development standards shall be established by means of an approved precise plan for each project and incorporated into this code in appendix A. New or amended precise plans for RP projects shall be added to appendix A upon approval by the city. Precise plans shall be processed via a site development permit.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-33.3 Roof and wall projections.
(A) Roof projections. Notwithstanding the height standards of § 9-1-33.4, chimneys, roof vents, finials, spires, and similar architectural features not containing usable space are permitted to extend up to three feet above the maximum structure height set forth in table 3.2 above. (B) Wall projections. The following architectural projections are permitted to encroach into the required setbacks specified in table 3.2 above:
(1) Roof overhangs, chimneys, awnings, canopies, and similar projections may encroach a maximum of two feet into any required setback provided such projections are no closer than three feet from any property line.
(2) Cantilevered seating windows, ledges, and similar projections, which are located a minimum of one foot above the floor and do not increase a building's usable floor area, may encroach a maximum of two feet into any required setback provided such projections are no closer than three feet from any property line.
(3) Subject to approval of a minor adjustment, second -story balconies, elevated decks, and exterior stairways may encroach a maximum of four feet into required front and rear setbacks provided such projections are no closer than three feet from any property line. Such projections shall not encroach into required side setbacks.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 8, passed 8-3-21) § 9-1-33.4. Measurement of building height.
(A) 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. For residential districts, this imaginary plane shall be located at a vertical distance of 35 feet from ground level, and the building shall not penetrate that plane.

(B) "Ground level" shall be defined by the director as the lower of the following alternatives (i.e., that which is the lowest level 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 on the next page:

FIGURE 3.1

(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-33.5 Measurement of setbacks.
(A) Measurement.
(1) "Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. Setbacks for residential development are specified in table 3.2 in §9-1-33.1, except where different setbacks are provided for special situations in this and following sections. Setbacks are measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback:
(a) Front setbacks: The front lot line or the ultimate street right-of-way; (b) Rear setbacks: The rear lot line or the ultimate street right-of-way; and (c) Side setbacks: The side lot line or the ultimate street right-of-way. (B) Surface easements. Where a surface easement for recreation trail or vehicular access has been granted across any portion of a lot, the building setback shall be a minimum of five feet from the edge of that easement. Setbacks from utility access easements shall be zero. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 10, passed 8-3-21) § 9-1-33.6 Setbacks from slopes.

Lots that have slopes which are 2:1 or steeper and over ten feet in height, require all structures to meet the following setbacks.

MAXIMUM BUILDING HEIGHT
Structure May not
Penetrate Imaginary Plane
T
Max.

(A) All main buildings and all accessory structures over 12 feet in height shall be set back a minimum of ten feet from the tops and toes of such slopes.
(B) Accessory structures 12 feet in height or less sha ll be set back a minimum of three feet from the tops and toes of such slopes.
(C) Accessory dwelling units shall be setback a minimum of four feet from the tops and toes of such slopes. (D) A main building, accessory dwelling unit, or accessory structure may be permitted on or cantilevered over such slopes if a minor adjustment is approved, provided the structure conforms to the accessory structure standards of § 9-1-35.3 and/or the accessory dwelling unit or junior accessory dwelling unit standards of §§ 9-1-35.26 and 9-1-35.27 respectively. Notwithstanding other provisions of this Code regarding height measurement, height shall be measured via a plumb line from the top-most point of the structure to the finish grade directly below the top-most point. In addition to the findings required for approval of a minor adjustment, a finding shall be made that there are special circumstances on the property, such as unusual topography or lot configuration, which require the adjustment in order for the subject property to enjoy the same ability to accommodate the structure as other properties in the vicinity.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 11, passed 8-3-21) § 9-1-33.7 Irregular lots.
(A) Purpose. The setbacks specified in table 3.2 in § 9-1-33.1are based on rectangular lots. Nonrectangular lots, lots with three sides or more than four sides, and other nonstandard lots require special measurement techniques in order to achieve the purpose of setback requirements (i.e., the appropriate separation of structures from streets and other properties). The purpose of this Section is to provide standards for the establishment and measurement of setbacks on irregular lots. (See subchapter 2, article 14 for definition of lot lines.)
FIGURE 3.2

(B) Front setbacks. Front yard setbacks shall be measured from the ultimate right-of-way of the public or private street or easement from which the property takes access. However, if the property is a flag lot, the front setback shall be measured in accordance with division (F) below.

SETBACKS ON IRREGULAR LOTS
All Flag Lot
Setbacks 1 O' Min.
1 O' Rear--,,- .. ,,
Lot Line for
Measuring
Setback
r Rearyard Setback
+-Sideyard
Setback
Flag Lot
Accessway
Street Right of Way

(C) Rear setbacks. The rear yard lot line is the lot line parallel to and most distant from the front lot line. In cases where the rear lot line is not clearly identifiable, an imaginary line shall be drawn for purposes of determining required setbacks and for interpretation of other provisions of this code. The imaginary line shall measure ten feet in length, be parallel to and most distant from the front lot line, and connect the two side lot lines. If the community development director determines that placement of the imaginary rear lot line causes hardship or creates inconsistencies with adjoining properties, the director shall determine the rear yard setback.
(D) Side setbacks. All lot lines which are not front or rear lot lines shall be considered side lot lines for the purpose of measuring setbacks.
(E) Pie-shaped lot setbacks. Setbacks for pie-shaped lots shall be measured at the closest point between the building and angled lot line.
(F) Panhandle or flag lot setbacks.
(1) Definition. For purposes of this code, "panhandle lot", "flag lot", "panhandle building site", and "flag building site" all mean the following: A lot having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long.
(2) Setbacks. All building setbacks shall be a minimum of ten feet measured from property lines, except that the property line adjacent and most perpendicular to the "panhandle" portion of the lot shall be extended across that portion and serve as the basis for measuring setbacks in that area. No structures shall be permitted in the panhandle portion of the lot nor shall that portion be credited to minimum lot area requirements.

FIGURE 3.3

(G) Determination by director. Where a building site is situated such that the front, side or rear property lines are not readily determinable by reference to the drawing at the right, required setbacks shall be as determined by the director in compliance with the following criterion: Required setbacks shall not permit the placement of buildings on the site in a manner that will constitute a grant of special privileges inconsistent with the limitations placed on other properties in the vicinity and incompatible with surrounding uses. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 12, passed 8-3-21) § 9-1-34 Illustration of development standards, does not include setbacks from slopes per § 9- 1-33.6.

FIGURE 3.4

DEVELOPMENT STANDARDS FOR RS DISTRICTS

LOT TYPES AND SETBACKS
Street
Q)
:2 Q)
Cl) C:
0 ::J
•c:+-'
Q) 0 ..,...J
C
~ Side Yard
Flag Lot
Access Portion
Front
Lot Line
Reversed
Corner
Lot
Key Lot ..... lnteri~~
1 ar Yar~
bi ~ ~
~ rom Yard ~ Ab:~:::~ine
Through Lot
Side
Front Rear Corner Lot
Exterior Side Yard
Street
.....
(I)
~ .....

U)

FIGURE 3.5
RESIDENTIAL DEVELOPMENT STANDARDS: RP, RA, AND RM DISTRICTS RS-1: RURAL

RESIDENTIAL DISTRICT
Min. Front_.

Setback= 20'
RS-2: RESIDENTIAL

ESTATE DISTRICT
Min. Front
Setback=17'
RS-3, RS-4:

SINGLE FAMILY
DISTRICTS 3 & 4
Min. Front
Setback = 17'
Min. Rear Setback =25'
Min. Lot Size=4 Acres
(Min. Rear Setback =25'
Min. Lot Size=S000 S.F.
...._Min. Side Setback =8'
RS-3: Min. Rear Setback=15'
( RS-4: Min. Rear Setback=10'
Min. Lot Size=3000 S.F.

Min. Side Setback =S'

(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 13, passed 8-3-21) § 9-1-35 Supplemental residential regulations.

All references to this § 9-1-35 shall include §§ 9-1-35.1 through 9-1-35.257. These sections set forth requirements for accessory structures, fences and walls, swimming pools, and other special aspects of land use in residential districts. These requirements are in addition to the other regulations for residential uses set forth in this article and elsewhere in this zoning code.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-35.1 Parking and signs.

Refer to subchapter 2, article 6 for parking regulations and article 7 for sign regulations. (Ord. 99-107, § 5, passed 2-2-99)
RA: ATTACHED RESIDENTIAL DISTRICT
RA: MULTIPLE FAMILY DISTRICT
*
*
Property Line
* Perimeter Setback =
1 O' min. at any point ;
25' min. average over
the entire perimeter. Exception:
along scenic highways, 25' min.
at any point.

§ 9-1-35.2. Fences and walls.
(A) Definitions.
(1) 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, or any combination of these. A building wall shall not be considered a fence or wall for the purposes of this section. The terms "fence" and "wall" are used interchangeably in this section to mean any or all of the preceding structures or vegetation.
(2) "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. Exception: Retaining walls located on a slope that is 10 feet in height or over and has a grade of 2:1 or steeper are considered "unenclosed accessory structures" and are subject to § 9-1-35.3.
(B) Measurement of fence height.
(1) Fence heights shall be measured from finish grade at the base of the fence to the top on that side which results in the greatest height, except as otherwise specified in this section. (2) Fences separated by 30 inches or more (as measured between their closest surfaces) shall be considered separate structures and their heights shall be measured independently. Fences less than 30 inches apart shall be considered one structure and fence height shall be measured from the base of the lower fence to the top of the higher fence.

FIGURE 3.6

(C) Fence Height Standards. The construction and installation of fences shall be in compliance with the following height and related standards.
(1) Railings on top of retaining walls. Open railings, up to 48 inches high, placed on top of a retaining wall may extend beyond the permitted wall height limit for the purpose of pedestrian safety, with approval of the community development director. Approval shall only be granted in cases where pedestrian access is located adjacent to the wall and either the wall is existing and cannot be modified, or as a result of site constraints construction of the wall would result in the need for a railing which exceeds

MEASUREMENT OF FENCE HEIGHT
Fences more than 30"
Apart (between adjacent faces
Shall be Considered
Separate Structures for
Open Railing Up to 48" High Purposes of Measuring Height on Top of Max. Height Wall
for Pedestrian Safety
Max.Wall~
Height
Independent Wall 1t
~ I ~ndependent Wall

the wall height limit. This provision shall apply only to areas where fences are permitted over 42 inches in height.
(2) Architectural features. For all fences, architectural features, such as pilasters, finials, and similar features, may extend an additional six inches above the maximum fence height, provided such features do not comprise more than 10% of the horizontal length of the fence. (3) Within side and rear setbacks. The maximum fence height shall be six feet within any required rear or side setback area, except that where a difference in grade exists between two properties, the following rules shall apply:
(a) Fence height shall be determined independently for each property. (b) No fence adjacent to a property line shall exc eed eight feet in height as measured from the property on which it is located.
(c) No fence adjacent to a property line shall exceed six feet in height as measured from any adjacent property or street.
(4) Within front setbacks.
(a) Maximum fence height shall be 42 inches if located within the front setb ack. In front yards and portions of street side yards, fences, walls, and hedges have a stricter height limit to maintain an open street scene, preserve the visibility of primary structures; enhance neighborhood character, and provide unobstructed views of traffic to and from driveways. (b) Where, because of the orientation of the lots, a property line fence separates a front yard on one lot from a rear yard on an adjacent lot, the maximum fence height shall be six feet within the front setback area, except as limited by division (C)(6) below. (c) Any portion of a building site where vehicular access is taken shall conform to the requirements of division (C)(6) below.

FIGURE 3.7

-C
0 ... .:,(.
u.. 0
~i ,._ _
· - Q)
5- Cl)
Q)
a:

FENCE HEIGHT IN SETBACK AREAS
I
==== I
I
I
I Key Lot
Building
Envelope
1--------- - -,<,-,',I
I
I
I
Corner Lot
Building Envelope
6' Max. Fence Ht. if Fence is
42" Max. Fence Ht. if Fence Located in Side or Rear Setbacks. is Located in Front Setback (See rules in text if there is grade difference between two properties)

(5) Within main building area. In the area of a lot where a main building may be constructed, the maximum fence height shall be 12 feet. Higher fences may be permitted if a minor adjustment is approved per division (D) below.
(6) Required sight distances. In regulating fences, it is necessary to provide open "corner cutback" areas in order to preserve motorist sight distances. Therefore, notwithstanding other provisions of this section, maximum fence height shall be 18 inches within the triangular area formed by drawing a straight line as follows:

FIGURE 3.8

(a) Between two points located on the property line and (25 feet distant from the point of intersection of two ultimate street right-of-way lines; and (b) Within five feet from the inters ection of an ultimate street or alley right-of-way and the edge of a driveway or another alley right-of-way.
(7) Swimming pool fencing. Fences enclosing swimming pools shall conform to the height requirements of this section and to the provisions of § 9-1-35.5.
(8) Sound attenuation walls. City or state-required sound attenuation walls bordering freeways or arterial highways may exceed six feet in height, if approved by the director. (9) Prohibited fencing materials. Barbed wire and razor fences are prohibited in all zones, except when such materials are needed to restrict access to public utility requirements such as high voltage transformers. In residential zones chain link shall not be visible from the public right of way. (D) Increases in allowed height.

REDUCED FENCE HEIGHT

NEAR STREET NTERSECT ONS
18' Maximum Fence
Heig t in this Area
Curb Line
i+-----H- Property Line

(1) Fences higher than the maximums set forth in this section may be permitted if a minor adjustment is approved by the director per § 9-1-114. In addition to the findings required for approval of all site development permits, the following findings shall also be made in conjunction with approval of a fence height increase:
(a) The height and location of the fence as proposed will not result in or create a traffic hazard; and, (b) The location, size, design and ot her characteristics of the fence will not result in a material adverse effect on adjacent residents or their properties, including but not limited to any views available to such residents prior to construction of the proposed "over-height" fence. (2) Any application for a fence height increase may be referred by the director to the planning commission for action if the director determines, on a case-by-case basis, that the public interest would be better served by such referral.
(E) Fences adjacent to scenic highways. Adjacent to a scenic highway (as identified in the general plan) and along Niguel Road between Crown Valley Parkway and Alicia Parkway, fences shall not be placed below the top of slopes which have a slope ratio of 2:1 or steeper and measure over ten feet in height. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 14, passed 8-3-21) § 9-1-35.3 Accessory structures.
(A) Definition. For purposes of this section, "accessory structure" shall mean a building or structure, the use of which is subordinate and incidental to the main building or use on the same parcel. Accessory structures may be either attached to or detached from the main building and may be either enclosed or unenclosed. "Enclosed" accessory structures are those which are roofed and contained on all sides by walls pierced only by windows, vents or customary entrances and exits. All other accessory structures shall be considered "unenclosed." Accessory structures include, but are not limited to, open and solid patio covers, gazebos, trellises, arbors, play equipment, decks, patios, storage sheds, greenhouses, and other similar structures.

Accessory structures do not include:
(1) Second-story balconies or decks as they ar e considered part of the main dwelling; (2) Fences and walls as they are covered under § 9-1-35.32; or (3) Accessory dwelling units or junior accessory dwelling units as they are covered under §§ 9-1-35.26 and 9-1-35.27, respectively.
(B) Applicability. Accessory structures over six feet in height and patios and decks over 18 inches in height above finish grade are subject to the provisions of this section, except that free-standing fences and walls shall be regulated by § 9-1-35.2. Exception: This section does not apply to Accessory Dwelling Units or Junior Accessory Dwelling Units which are regulated by §§ 9-1-35.26 and 9-1-35.27, respectively." FIGURE 3.9

(C) Location.
(1) 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 in the front yard setback 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.
(2) Accessory structures shall be located at least te n feet from any property line bordering a street. (3) Unenclosed accessory structures shall be located at least three feet from any property line not bordering a street and enclosed accessory structures shall be located at least five feet from any such property line.
(4) Accessory structures shall be located at least three feet from the top or toe of any slope which has a grade of 2:1 or steeper and is over ten feet in height. (D) Height.
(1) Unenclosed accessory structures that meet the minimum setback requirements for the main building are permitted up to 15 feet in height; for unenclosed accessory structures that encroach into the primary building minimum setbacks, structures shall not exceed 12 feet in height. (2) Enclosed accessory structures shall not exceed ten feet in height or 150 square feet in floor area.

FIGURE 3.10
RETAINING WALLS WITHIN 3 FEET OF SLOPES 2:1
OR STEEPER AND OVER 10 FEET IN HEIGHT
Cut: Retaining walls over 6 feet
in height above Finish Grade or
Toe-of-Slope require a Minor Adjustment
Original\ ___ -
Grade_\ - -- 6,
Toe-of-Slope
Finish
Grade
Fill: Retaining walls over
18 inches in height above
Finish Grade require a
Minor Adjustment

(E) Coverage. Enclosed accessory structures, whether attached or detached, shall not cover more than 50% of the rear yard setback area.
(F) Adjustments.
(1) Modifications to the height, size, and location standards of this section may be permitted with approval of a minor adjustment processed in accordance with § 9-1-114 (refer to § 9-1-33.6 for applicable slope setback adjustment provisions).
(2) In addition to the findings required for approval of all such permits, approval of an accessory structure adjustment shall include the following findings:
(a) The height, size, or location of the accessory stru cture will not be unsightly or incompatible with the character of or uses in the neighborhood; and
(b) The height, size, or location of the accessory stru cture will not have negative visual impacts upon the street scene or obstruct views of traffic to and from driveways. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2019-197, § 3, passed 6-4-19; Ord. 2021-210, § 15, passed 8-3-21; Ord. 2021-211, § 6, passed 8-3-21)
§ 9-1-35.4 Garages, carports and driveways.
(A) Garage and carport placement. Garages and carports include attached or detached structures having direct access to a street or alley. Carports shall be permitted only upon approval of a minor adjustment per division (B) below. Standards for the placement of garages and carports are set forth in table 3.3 below. (1) Except as otherwise specified, detached garages and carports shall conform to the development standards for main buildings.
(2) Garages and carports shall not be located within an y corner cutback areas for fences as set forth in § 9- 1-35.2.

TABLE 3.3: GARAGE/CARPORT DEVELOPMENT STANDARDS

RESIDENTIAL DISTRICTS
Unenclosed Accessory
Structure that Encroaches
into Setback Area Permitted
up to 12' in Height
Sideyard
Setback
Unenclosed Accessory
Structure Outside Minimum
Required Setback Permitted
up to 15' in Height

DEVELOPMENT STANDARD DISTRICT
RS-1 RS-2 RS-3 RS-4 RP RA RM
Max. Structure Height (ft.) 35 35 35 35 * 35 35
Min. Front Yard Setback (ft.) 20 17 1 17 1 17 1 * 17 n/a Min. Side Yard Setback (ft.)2 8 8 5 5 * 0/5 3 n/a Min. Rear Yard Setback (ft.) 25 25 15 10 * 10 n/a Min. Driveway Length4 20 20 20 20 * 20 20
Min. Setback fm. Tops and Toes of Slopes 2:1
or Steeper and Over 10' in Ht. (ft.)
10 10 10 10 10 10 10
Min. Driveway Widths and Maneuvering
Areas
See Section 9-1-63

* RP standards shall be as shown on approved precise plan for each project. See appendix A. 1 For side-entry type garages, the front setback may be reduced to 10 feet for the garage portion only if a minor adjustment is approved. However, no living space shall be permitted over such reduced-front setback garages. 2 Min. side setback = 10 feet adjacent to streets.
3 For RA attached dwellings, 0 feet on attached side and 5 feet min. on open side. 4 Measured from back of sidewalk.
(3) Upon approval of a minor adjustment, the minimum front building setback for a side-entry garage may be reduced to ten feet in all detached single-family residential districts except the RS-1 district. As shown in the illustration, such side entry garages shall provide a minimum of 20 feet from the garage opening to the sidewalk (or to the edge of street pavement if there is no sidewalk). No living space shall be permitted over such reduced-front setback garages.

FIGURE 3.11

SIDE ENTRY GARAGES:

MIN. SETBACK AND DRIVEWAY LENGTH
Garage
28' Minimum
Backup Area
20' Min. from Garage
Opening to Sidewalk or
to Edge of Pavement if
there is no Sidewalk

(4) When alleys, private streets or common driveways are provided specifically as vehicular access to garages and carports and when separate access and circulation systems are provided for pedestrians, guests and emergency vehicles, garages and carports may be placed up to a minimum of five feet from such alley, private street or common driveway.
(B) Carport standards. Carports shall be permitted only upon approval of a minor adjustment and shall conform to the following additional standards:
(1) Carports shall be constructed of materials and colo rs comparable to those of the main dwelling and/or garage.
(2) Carports shall be located on the side of garages and shall not be located in front of (in-line with) garages.
(3) Carports shall not be designed for side-entry.
(c) Driveway standards. Residential driveways and maneuvering areas shall be provided in accordance with § 9- 1-63.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 16, passed 8-3-21) § 9-1-35.5 Swimming pools, spas, and other bodies of water. (A) Swimming pools. The provisions of this division (A) shall apply to all swimming pools. Swimming pools are permitted as accessory uses in residential districts subject to the provisions of this division (A). (1) Definition. For the purposes of this section, "Swimming pool" means an artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point, designed, constructed and used for swimming, dipping or immersion purposes by humans. This includes, but is not limited to, in-ground, above-ground, and on-ground pools, hot tubs, portable and non-portable spas, and fixed in-place wading pools.
(2) Location. Pools shall be located at least three feet (measured from water's edge) from any side or rear property line. In no case shall pools be located where the fence height is restricted to less than six feet by the provisions of § 9-1-35.2 unless, within the panhandle portion of a panhandle lot, or on slopes which are 2:1 or steeper and over ten feet in height.

FIGURE 3.12

(3) Fencing and screening. All pools shall be fenced in accordance with the provisions of the city's building and safety code, state law and other applicable ordinances. All pool equipment shall be screened from view from the street.
(4) Adjustments. Swimming pools may be located within the front yard setback with the approval of a minor adjustment per § 9-1-114 for the pool and the required fencing. In addition to the findings required for approval, the findings for increases in allowed fence height (§ 9-1-35.2(D)) must be made. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 17, passed 8-3-21) § 9-1-35.6 Satellite dish and other antennas.
(A) Accessory use. Antennas consistent with the design and location provisions of this section are permitted as accessory structures within any residential district.
(B) Permitted noncommercial antennas. Noncommercial privately-owned television and/or radio antennas shall be contained entirely within a building, except for satellite dish antennas, amateur radio antennas, and other antennas which cannot function when completely enclosed by a building. Outdoor antennas shall comply with the following design standards and requirements, except for radio amateur antennas regulated per division (C) below:
(1) Number. No more than one of the following shall be permitted per residential lot: One television antenna or one satellite dish.
(2) Location.
(a) Except for dish antennas with diameters of one meter or less, antennas shall be ground-mounted and shall not be visible from the street. Permitted antennas may be located within the rear yard or an interior side yard provided there is no encroachment into the required side yard setback.

Antennas are prohibited from exterior street side yards unless not visible from the street.

SWIMMING POOL STANDARDS
Pool
Adjacent
Main
Building
Setback
(I) Adjacent Residential Lot ~, ~--------~
:::i I * 3' Minimum for Side and
~I : Rear Property Line
~: 17' Minimum from
QI Front Property Line

(b) Dish antennas with diameters of one meter or less may be ground-mounted or building mounted anywhere on a lot except within the required front setback. (3) Height and Diameter. Satellite dish antennas shall not exceed eight feet in height measured from the grade at the base of the antenna and shall be no more than eight feet in diameter. (4) Screening. Satellite dish antennas over one meter in diameter and non-dish television antennas shall be screened from view, including views from adjacent yards, by landscaping or decorative structures (trellis, arbor, fence, etc.). The dish antenna shall be a single color that blends with its surroundings (e.g., dark green, brown, gray, or black).

FIGURE 3.13

(5) Disguised antennas. An antenna which has the appearance of typical backyard furniture or equipment (e.g., satellite dish antenna manufactured to have the appearance of a patio umbrella) is not required to comply with the preceding location and screening standards but shall comply with height and size limits. Such an antenna may be placed on a patio or deck. (C) Amateur radio antennas. Antennas serving stations of noncommercial privately-owned and federally- licensed or recognized amateur radio operators shall comply with the following standards and requirements:
(1) Amateur radio antennas permitted without a use permit. The following amateur radio antennas are permitted without approval of a use permit:
(a) Antennas completely encl osed within a building;
(b) A single antenna consisting of a wire one-four th inch in diameter is permitted. Such wire antennas may be located in setback areas provided the antenna does not extend above the top of the roof of the primary residence on the site; and
(c) 1. A single vertical pole or whip antenna not exceeding 42 feet in height, measured from finish grade at the base of the antenna, and not located in any required side, rear or front yard, is permitted. Such antennas shall not be located in front of a residence or on the side of a residence facing a roadway.

2. Guy wires and supports for such antennas shall conform to the following:
a. Guy wires shall have a maximum outside diamet er of one-eight of an inch and shall be a neutral color. A maximum of four guy wires mounted at a height of up to 30 feet may be

SCREENING OF SATELLITE DISH ANTENNAS

OVER ONE METER IN DIAMETER
Required
Minimum
Sideyard
Setback

installed. Guy wires shall not be located in required side yard setbacks or within five feet of the rear property line.
b. Support structures or masts for pole or whip antennas shall conform to standards set forth in the Uniform Building Code adopted 2025 California Building Code and related codes. A building permit may be required for the support structure or mast. (2) Amateur radio antennas permitted with a use permit. Outdoor amateur radio antennas other than those listed in division (C)(1) above, preceding, may be permitted if a use permit is approved. The following factors and findings shall be considered in the review of such use permits:
(a) Factors to be considered. The decision-making authority shall consider the following factors in reviewing use permit applications:

1. The Federal Communications Commission (FCC) requires that local regulations provide reasonable accommodation for amateur radio communications;

2. The City desires to allow amateur radi o antennas in a manner that reasonably accommodates amateur radio communications, while minimizing potential impacts on neighboring properties;

3. The proposed height and design of the amateur radio station antenna, and the technological necessity of that height and design to engage in amateur radio service operations of the nature contemplated;

4. The proximity of the proposed amateur radio station antenna to inhabited buildings and structures;

5. The nature of existing uses on adjacent and nearby properties;

6. The surrounding topography and landscaping, including trees and other foliage, and their effect on the proposed height and design of the amateur radio station antenna; and

7. The design of the proposed amateur radio station antenna, with particular reference to design features that provide for retraction of the antenna when not in use and design features that may reduce or eliminate visual obtrusiveness, particularly in residential zones. (b) Required findings. In addition to the standard findings required for approval of a use permit, the decision-making authority shall make the following findings for approval of use permits for amateur radio antennas:

1. The height, design, and configuration of the proposed antenna is technologically necessary to engage in amateur radio communications of the nature contemplated.

2. Topographic or other constraints limit th e feasibility of engaging in amateur radio communications with antennas permitted under division (C)(1) above;

3. The installation of the antenna is necessa ry to reasonably accommodate amateur radio communications; and

4. The placement and design of the antenn a minimizes potential visual impacts on surrounding property owners to the extent possible while reasonably accommodating amateur radio communications.
(D) No preemption of private covenants. No provision contained in this section shall preempt or void any more restrictive private covenant regulating outdoor antennas. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 18, passed 8-3-21)

§ 9-1-35.7 Reserved.

Ord. 2021-211, § 3, adopted Aug. 3, 2021, repealed § 9-1-35.7, which pertained to second residential units and derived from Ord. 99-107, § 5, passed 2-2-99; Ord. 2004-134, § 3.B, passed 2-17-04. § 9-1-35.8 Guest houses.
(A) Purpose. This section provides standards and criteria for the establishment of guest houses within residential districts.
(B) Definition. For the purposes of this code, "guest house" means an attached or detached dwelling unit which has sanitary facilities, but no cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests or domestic employees. (C) Limitations. Only one guest house may be established on any lot in addition to the primary residence. (D) Where permitted. A guest house may be constructed as an accessory use in the RS-1, RS-2, RS-3, and RS-4 districts subject to conformance with the standards of this section. (E) Guest house standards. All guest houses shall conform to the following standards. (1) Guest houses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guest house shall not exceed the height of the primary residence.
(2) Guest houses shall be architecturally compatible with the primary residence. (3) The floor area of a guest house shall not exceed 640 square feet. (4) Guest houses may contain independen t access and sanitation facilities. (5) Guest houses shall not cont ain cooking facilities separate from the primary residence. (6) A guest house shall be used only by the occupants of the primary residence, their non-paying guests, or domestic employees. The guest house shall not be rented or otherwise occupied separately from the primary residence.
(7) A minimum of one additional enclosed or unenclose d off-street parking space shall be provided for the guest house (see § 9-1-63 for residential parking space design standards). Tandem parking spaces shall not be credited toward meeting this requirement and no variance or other deviation shall be granted to allow substandard parking spaces or locations.
(8) A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guest house to a rental unit or to a unit for sale. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2004-134, § 3.C, passed 2-17-04) § 9-1-35.9 Garage sales.
(A) Definition. Garage sales include the display of household goods for sale in the garage and/or driveway of a single dwelling unit. This section also applies to neighborhood or community garage sales. (B) Standards. Garage sales shall be permitted as temporary accessory uses in residential districts subject to the following regulations:
(1) Garage sales may be conducted a maximum of eight days per calendar year per residence. (2) The hours of the sale shall be no earlier th an 7:00 a.m. to no later than 8:00 p.m.

(3) No item for sale shall obstruct the public right-of-way or any sidewalk, street, parkway or driveway. (4) It is unlawful for any person to exchange, barter, trade or sell any of the following at a garage sale:

Firearms, ammunition, explosives, animals and livestock, any item of personal property from which the serial number has been removed, or any other item prohibited by city, county, state, or federal law. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 19, passed 8-3-21) § 9-1-35.10 Home occupations.
(A) Purpose. The regulations set forth in this section are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.
(B) Exemption for domestic employees. This section shall not apply to employees providing domestic help for the household, such as childcare, gardening, cooking, cleaning, medical, disability, or other personal assistance, or similar duties.
(C) Permit required. Establishment and conduct of a home occupation shall require approval of a home occupation permit processed in accordance with § 9-1-114. An application to conduct a home occupation shall be submitted to the community development department together with a fee established by the city council for this permit. Information shall be provided to ensure that the proposed home occupation complies with the requirements of this section. Additional information necessary to make the findings required for approval may be required by the director.
(D) Approval of permit. The director shall approve an application for a home occupation permit for a home occupation if the director finds the permit application consistent with the performance and development standards listed in division (E) below.
(E) Standards. In addition to the requirements for each residential district, the following performance and development standards shall apply to the establishment and operation of home occupations in any district in which they are permitted:
(1) The establishment and conduct of a home occupation shall be an incidental and accessory use and shall not change the principal character or use of the dwelling unit involved. (2) Only residents of the dwelling unit ma y be engaged in the home occupation. (3) A home occupation shall be co nducted only within the enclosed living area of the dwelling unit or within the garage provided the home occupation does not limit or prevent the use of the garage for required off-street parking. The home occupation shall not occupy more than 25% of the combined floor area of the house and garage.
(4) A home occupation shall not be conducted within a detached accessory structure, although materials may be stored in such a structure.
(5) There shall be no signs, outdoor storage, parked customer vehicles, or other exterior evidence of the conduct of the home occupation. Neither the dwelling nor the lot shall be altered in appearance so that it appears other than a residence, either by color, materials, construction, lighting, sounds, vibrations, or other characteristics.
(6) Electrical or mechanical equipment which create s interference in radio, television or telephone receivers or causes fluctuations in line voltage outside the dwelling unit shall be prohibited. Also, the home occupation shall not cause increased use of utilities or communication facilities beyond that normal to the use of the property for residential purposes.

(7) The home occupation shall not include the storage of hazardous materials, nor shall it create dust, noise, glare, or odors in excess of that normally associated with residential use. (8) No sales activity shall be co nducted from the dwelling except for mail order sales. The dwelling unit shall not be the point of customer pickup or delivery of products or services, nor shall a home occupation create greater vehicular or pedestrian traffic than normal for the district in which it is located.
(9) The following uses are prohibited as home occupations:
(a) Medical, dental or similar occupations in which patients are seen in the home; (b) Automotive repair or other automobile service or sales uses; (c) Junkyards;
(d) Cleaning of major equipment;
(e) Food processing (excluding cottage food operations consistent with State law); (f) Barber or beauty shops;
(g) Carpentry or cabinet making;
(h) Welding; and
(i) Other occupations which do not meet the standards of this section. (10) All conditions of approval attached to the home occupation permit shall be fully complied with at all times.
(11) Home occupations which provide instructional services to a limited number of students may be permitted, provided consent is obtained from adjacent neighbors and if a minor use permit is approved.
(F) Revocation or suspension of permit. The director may revoke or suspend any permit for a home occupation if the director determines that any of the performance and development standards listed in division (D) above have been or are being violated, that the occupation authorized by the permit is or has been conducted in violation of any state statute or city law, or that the home occupation has changed or is different from that authorized when the permit was issued.
(G) Permit nontransferable. No permit issued for a home occupation shall be transferred or assigned, nor shall the permit authorize any person other than that named in the permit, to commence or carry on the home occupation for which the permit was issued.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 20, passed 8-3-21) § 9-1-35.11 Animals.
(A) Purpose. This section regulates the keeping of animals within residential districts. (B) Household pets. Household pets shall be regulated pursuant to Title 10 of the municipal code, pertaining to animals.
(C) Horses.
(1) Horses are permitted in the RS-1 district as an accessory use and are permitted in the RS-2 district east of Street of the Golden Lantern, and the RP district on lots at least four acres in size, subject to approval of a use permit in accordance with section 9-1-114.
(2) The following standards shall apply to the keeping of horses:

(a) All pens, corrals, stables, barns, and other structures specifically for keeping horses overnight shall not encroach into the required setbacks for the main building and shall be located at least 75 feet from the buildable portion (main building envelope) of an adjoining lot. (b) Pastures, arenas, or any other areas for horses, which are not used to keep horses overnight, may extend to the property line.
(D) Other animals. The types, number and manner in which pets and animals are kept shall be regulated pursuant to Title 10 of the municipal code, pertaining to animals. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 21, passed 8-3-21) § 9-1-35.12 Screening.

All projects within the RM district shall conform to the nonresidential screening requirements of § 9-1-45.4. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-35.13 Landscaping and open area.
(A) Landscaping in the front yard setback of single-family zones. In order to maintain attractive front yards, all setback areas visible from a public street, with the exception of the minimum areas necessary for entry sidewalks, decorative hardscape, and parking (including required parking spaces and associated driveways) shall have a surface that remains permeable and is to be landscaped and permanently maintained. (B) RM and RP zoning district requirements.
(1) Open area requirement. All projects within the RM and RP districts shall include common open area equal to at least 25% of the 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 perimeter rights-of-way and easements and areas set aside for public schools, parks, and other public uses.
(2) Open area standards. Required common open area shall consist of passive landscaped and active recreation areas established and maintained in accordance with the following standards:
(a) Excluded areas. Rights-of-way, parking areas, private patios, private yards, and slopes steeper than 20% shall not be credited toward the common open area requirement. (b) Passive landscaped area.

1. Design guidelines. This section sets forth basic landscaping requirements. In addition, Article 9 of Subchapter 2 contains landscaping standards and guidelines relating to project entry landscaping, pedestrian area landscaping, tree preservation, plant selection, and other items.

2. Landscaping standards. A landscape plan shall be prepared, approved, and implemented for all projects through the landscape review process. Landscaping consisting of trees, shrubs, vines, groundcover, water features, or any combination thereof shall be installed and maintained in accordance with the following standards:
a. Height of landscaping along all street s and boundaries shall comply with § 9-1-

35.2. b. Boundary landscaping abutting arterial highways shall be required to an average depth of 15 feet with a minimum depth of ten 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 at all points, measured from the curb. c. Boundary landscaping abutting public streets other than arterial highways shall be required to an average depth of ten feet with a minimum depth of five feet, measured from the street right-of-way.
d. All landscaped areas shall be separated from adjacent parking or vehicular areas by a curb or other barrier at least six inches higher than the parking or vehicular area to prevent vehicular damage to the landscaped area. e. Permanent automatic irrigation facilitie s 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. f. All landscaping 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.
g. Modification to an approved landscape 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.

FIGURE 3.14

(3) Active recreation area requirement.
(a) Minimum area. At least 10% of the buildable project area shall be devoted to active recreational uses. This may be part of the required project common open area. (b) Size and slope standards. Active recreation area shall be at least 15 feet wide and 300 square feet in area, with slopes no greater than five percent.
(c) 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; or similar facilities for active recreational use.

FIGURE 3.15

MINIMUM BOUNDARY LANDSCAPING
Scenic Highway
Landscape Corridors:

Min. Depth
From Curb = 25'
Arterials:

Min. Depth = 1 O'
Min. Average
Depth= 15' ----+ -+
~ ss
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s ss
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Public Street
Non-Arterial Public Streets: Min. Depth = 5'
Min. Average Depth = 1 O'

(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 22, passed 8-3-21) § 9-1-35.14 Tennis and other game courts.
(A) Permits required. Construction of tennis and other permanent game court facilities, including fencing, may be permitted subject to a finding by the director that the standards set forth in this section have been satisfied. All lighted tennis and other game courts shall require approval of a use permit by the planning commission processed in accordance with § 9-1-114.
(B) Hours of use. No tennis or game court shall be used before 7:00 a.m. or after 10:00 p.m. (C) Unlighted tennis courts. Unlighted tennis courts shall meet the following development standards:
(1) Fences. A maximum 12-foot high fence (measured from the finished grade of the court) shall be allowed. Fences may be covered with a dark non-reflective screening material. (2) Setbacks. Tennis courts shall maintain setbacks equal to the setbacks for the main building for the applicable zoning district as defined in § 9-1-33, except that side yard setbacks shall be ten feet in all zoning districts.
(3) Landscaping. Landscaping shall be installed and maintained between the court fence and property line.

A landscape plan shall be submitted, reviewed and approved by the city landscape architect, and implemented at the same time as court construction.
(D) Other unlighted game courts.
(1) Other game courts include permanent facilities used in conjunction with a particular recreational activity, such as basketball, badminton, and other sports.

STANDARDS FOR

ACTIVE RECREATION AREA
5% Maximum Slope
(
300 Square Feet
Minimum
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LO
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(2) Setbacks for such unlighted game courts shall be:
(a) 1. Front yard: 20 feet;

2. Side yard: 10 feet; and

3. Rear yard: 10 feet.
(b)1. A maximum 12-foot-high fence (measured from the finished grade of the court) shall be allowed, provided the fence maintains the setbacks for the main building for the applicable zoning district as defined in § 9-1-33.

2. Exception: One, unlighted, basket ball standard, including backboard and rim, shall be permitted in the front yard, provided a setback of five feet is maintained from the front property line. (E) Lighted tennis and game courts.
(1) Lighted tennis and game courts shall require approval of a minor use permit. (2) Such lighted courts shall conform to the preceding standards for unlighted courts and shall also meet the following standards:
(a) Lighting design. A maximum of eight lights (i.e., eight individual light sources) are permitted, with mounting height not to exceed 22 feet. Prior to issuance of a building permit, all lights and lighting fixtures shall be certified by a qualified lighting engineer to be designed, constructed, and mounted such that:
a. The light source and direct rays are not visible fr om any point five feet above grade at the lot line; and,
b. The light sources and the tennis or game court is at least 30 feet from the buildable portion of the adjacent lot(s) and the maximum intensity of illumination attributable to the tennis or game court lighting measured at the closest point of the buildable portion of the adjacent lot(s) does not exceed 0.2 footcandle more than ambient light conditions.

FIGURE 3.16

(b) Glare. The surface area of any game court shall be designed, painted, colored, and/or textured to reduce the reflection from any light source.

TENNIS/GAME COURT LIGHTING STANDARDS
Max. 22'
High Court Light ,,,-"'
Max. 8' Lights ,,,, ,,,, . ,,,,
/
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V
Tennis or Game Court
-~1 ...J,
~·1 .. ~ o · "-1 : • •
'ght Cutoff Above
Point 5' High at
he Property Line
Ad'acent Lot
Light Sources and Courts
Shall be Min. 30'
from the Buildable Area
of the Adjacent Lot(s)
and the Max. Illumination
at the Closest Point of
the Buildable Area of the
Adjacent Lot(s) Shall not
Exceed 0.2 Footcandle
more than Ambient Light
Conditions .

(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 23, passed 8-3-21) § 9-1-35.15 Outdoor lighting.
(A) Purpose. This section is intended to provide standards for outdoor lighting which allows adequate lighting for public safety while minimizing the adverse effects of excessive lighting on neighbors and the community. (B) Outdoor game courts. Any lighted outdoor recreation use shall be subject to the provisions of § 9-1-35.14 for lighted game courts.
(C) Residential lighting requirements. All properties zoned for residential 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 these standards shall be permitted as an accessory use while deviation from the standards shall require approval of a minor adjustment permit. (D) Intensity and design. Exterior lighting 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. No lighting shall be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity and height to the use. (E) Height. Building-mounted lights shall be installed below the eave line. Pole or fence-mounted lights shall be located no more than eight feet above grade, except in residential parking lots. (F) Location. Lighting shall only be installed adjacent to buildings, walkways, driveways, or activity areas (decks, patios, spas and pools, and similar use areas), and focal landscape areas close to the residence or activity area.
(G) Residential parking lots. The lighting intensity within parking lots and adjacent areas shall conform to the standards of Subchapter 2, Article 9; that is, lighting intensity shall be at least 1.0 footcandle at all points, but shall not exceed an average of 3.0 footcandles over the entire parking lot. Overall height of light standards shall be no more than 22 feet above finish grade.
(H) Common area lighting. For all new residential developments, lighting plans (including photometric analysis) may be required for common recreational areas and pedestrian walkways within common open space.

Outdoor lighting in these areas should be the minimum needed to ensure safety and security so that impacts on surrounding residential areas are minimized. The director may require lighting plans for existing developments should concerns arise about the health, safety or welfare for residents of the area. (I) Holiday and decorative lighting. Lighting and decorations with lights which are related to a specific holiday period shall be permitted in residential districts. Decorative lighting not associated with a holiday period shall not be the type that flashes, blinks, moves, or otherwise draws attention. (J) Enforcement. If the director determines through complaints received and/or site visits that any outdoor lighting may not be designed consistent with the provisions of this section and may cause an adverse impact on neighboring properties, the director may require a photometric analysis by a licensed engineer, to allow continued use of the lighting.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 24, passed 8-3-21) § 9-1-35.16 Special outdoor events.
(A) Definition. Within residential districts, special outdoor events may include, but are not limited to, pageants, fairs, carnivals, religious or entertainment events, block parties, and neighborhood or community gatherings.

(B) Requirements. Special outdoor events are permitted in all residential districts provided the following requirements are met:
(1) Approval of a temporary use permit shall be required for all special outdoor events. (2) Activities conducted on property owned by or leas ed to the city or on public rights-of-way may require an encroachment permit issued by the public works director. (3) The event may be permitted for a period not to exceed ten consecutive days. Events conducted more than four times in a calendar year are not considered temporary and shall not be eligible for a temporary use permit.
(4) A cash bond or other guarantee may be required to be posted with the city to ensure removal of the temporary use and cleanup and restoration of the activity site within seven days of the conclusion of the event.
(5) Applications for permits or cert ificates required by this Section shall be referred by the community development department to other affected departments, cities or public agencies as may be appropriate for review and comment.
(6) Related issues, including but not lim ited to police and 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 the director, sheriff, fire chief or health officer in their administration of other city codes. Such other codes may require the applicant to obtain permits such as building, electrical, health, tent, and other permits. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 25, passed 8-3-21) § 9-1-35.17 Manufactured housing and mobile homes.
(A) Definition. For the purposes of this zoning code, the terms "manufactured home" and "mobile home" shall mean the same thing (i.e., a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974). For purposes of simplicity, the term mobile home is used in this section. (B) Where permitted. Mobile homes may be permitted on single-family lots within the RS-1, RS-2, RS-3, and RS-4 districts as permanent or temporary residences, subject to the requirements of this section and provided the mobile home is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and meets the requirements of the Manufactured Housing Act of 1980 (California Health and Safety Code for Manufactured Housing, § 18000).
(C) Permanent mobile home residence. Each mobile home installed as a permanent residence on a single-family lot shall comply with the following standards:
(1) District standards. The mobile home shall conform to all setback, height and other standards of the district in which it is located.
(2) Foundation. The mobile home shall be placed on a solid concrete slab foundation. (3) Exterior siding. The exterior siding shall be wood or other material customarily used in conventionally built single-family dwellings.
(4) Roofs. Roofs shall be constructed of fire-retardant composition shingles or tile. Roof pitch shall be similar to those of roofs of the same material on conventionally-built single-family dwellings in the neighborhood, but in no case less than a ratio of 3:12. (5) Roof overhangs. Roofs shall have eave and gable-end overhangs of not less than 12 inches, measured perpendicularly from the exterior wall.

(6) Garages. Permanent mobile homes shall have garages with the same minimum dimensions and number of parking spaces as required for single-family homes in § 9-1-63. (D) Temporary mobile home residence during construction. A mobile home, motorhome, or travel trailer may be permitted as a temporary residence during the construction of an owner-built (custom) house within the RS- 1, RS-2, RS-3, and RS-4 districts subject to approval of a temporary use permit and the following standards:
(1) Time limitations. A temporary mobile home may be located on the same lot as a permanent residence under construction. The temporary mobile home may be maintained on the lot for a maximum of one year or until issuance of a certificate of use and occupancy for the permanent residence, whichever occurs first. During that time, the mobile home may be occupied only by the owner of the subject lot and the owner's immediate family. The mobile home shall be removed from the site on or before a date one year after its placement on the lot regardless of whether the permanent residence is completed.
(2) Setbacks. The mobile home shall be set back a minimum ten feet from all property lines. (3) Utility and health requirements. Temporary mobile homes shall meet all health department standards for a permanent residence and shall be connected to electric, water, and sewer services in accordance with city and utility company standards.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 26, passed 8-3-21) § 9-1-35.18 Child day care homes.
(A) Purpose. The use of a residence as a small family day care home or large family day care home, shall be considered a residential use of property under this article and shall be permitted in a legal dwelling unit in any residential district. The purpose of this section is to provide standards for the establishment and operation of child day care homes within residential districts. These standards are intended to be consistent with California health and safety code, Division 2, Chapters 3.4 and 3.6 and shall be so construed. (B) Small family day care homes.
(1) Small family day care homes are permitted in all residential districts. Small family day care homes shall provide care for six or fewer children.
(2) However, such small family day care homes may provide care for more than six and up to and including eight children, without an additional adult attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kind ergarten or elementary school and a second child is at least six years of age;
(b) No more than two infants are cared for during any time when more than six children are cared for; (c) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time; and (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(C) Large family day care homes.
(1) Family day care homes are permitted in all residential districts. Large family day care homes may provide care for seven to 12 children.
(2) However, such large family day care homes may provide care for up to and including 14 children if all of the following conditions are met:

(a) At least one child is enrolled in and attending kind ergarten or elementary school and a second child is at least six years of age;
(b) No more than three infants are cared for during an y time when more than 12 children are cared for; (c) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to 13 or 14 children in the home at one time; and (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(D) Standards for family day care homes. Family day care homes shall conform to the following requirements:
(1) All facilities shall be operated and maintained in accordance with state and local health, safety, and other regulations.
(2) All parking and outdoor lighting sh all comply with the applicable regulations set forth in §§ 9-1-63 and 9-1-35.15, respectively.
(3) All facilities shall comply with the development standards of the residential district in which they are located, as set forth in § 9-1-33.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 27, passed 8-3-21) § 9-1-35.19 Reserved.

Ord. 2021-210, § 28, adopted Aug. 3, 2021, repealed § 9-1-35.19, which pertained to residential care facilities and derived from Ord. 99-107, § 5, passed 2-2-99.
§ 9-1-35.20. 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) The temporary structure 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 a building permit. (B) Any temporary structure shall be removed from the site prior to the issuance of a certificate of 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) Any permanent structure or portion of a permanent structure devoted to temporary use as a construction or guard office shall be converted to a permanent permitted use prior to the issuance of a certificate of occupancy for the last new building on the site. (D) The office shall be supplied with an elec tric meter and sewer and water facilities. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 29, passed 8-3-21) § 9-1-35.21 Relocatable buildings.

A relocatable building or trailer may be permitted as a temporary structure for any permitted nonresidential and noncommercial use in any residential district subject to the approval of a temporary use permit processed in accordance with § 9-1-114 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. Failure to comply with the required conditions shall be grounds for the revocation of the permit. (C) A cash bond of $500.00 per each relocatable building or trailer shall be posted with the director to guarantee removal of each from the site upon expiration of the temporary use permit. (D) A temporary use permit for a relocatable building or trailer shall be approved for a maximum of one year from the date of approval.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-35.22 Trash and recyclable materials storage.

All townhome, condominium, and apartment projects shall conform to the nonresidential trash and recyclable materials storage requirements of § 9-1-45.19. (Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-35.23 Noise control.

Noise in residential districts shall be regulated 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)
§ 9-1-35.24 Model home complexes.
(A) Model home complexes and sales offices. Temporary model home complexes, real estate sales offices and related signage may be established if a temporary use permit is approved in accordance with § 9-1-114 and the following requirements are satisfied:
(1) The complex is used solely for the first sale of home s or the first rental of apartments in projects of 20 or more units;
(2) The complex is located within the area of the project for which it is established. The temporary office shall not be located within 50 feet of an existing dwelling unit which is not a part of the new project; (3) Notwithstanding other provisions of this code, the parcel of land on which a temporary real estate office is established is not required to be a building site provided the parcel is precisely described; and (4) The following structures and facilities are perm itted in conjunction with the establishment of a temporary real estate office in conformance with an approved temporary use permit:
(a) Model homes in compliance with the zoning regu lations applicable to the properties that are being sold;
(b) Garages, attached and detached , in compliance with the zoning regulations applicable to the properties that are being sold;

(c) Temporary sales office buildings or relocatable buildings; (d) Accessory buildings and structures in complianc e with the zoning regulations applicable to the properties that are being sold;
(e) Recreational facilities that will become a perman ent portion of the project in compliance with the zoning regulations applicable to the properties that are being sold; (f) Permanent streets and driveways that will be pa rt of the project after the closure of the real estate office use;
(g) Temporary children's playgrounds;
(h) Temporary and permanent fencing, walks, and structural amenities; (i) Temporary vehicle parking and maneuvering areas to provide off-street parking as necessary for employees and guests; and
(j) Temporary vehicular accessways.
(B) Requirements for approval.
(1) Any approving action shall include those conditions and requirements deemed by the decision-making authority to be necessary or advisable to protect the public safety and the general welfare, together with adequate guarantees that the structures and facilities will be removed or made consistent with applicable zoning regulations within 90 days after the expiration of the permit. (2) In addition to those findings required for the approval of an application, any approving action for a temporary real estate office shall also include the following findings:
(a) The access, parking and circulation facilities will not result in excess traffic congestion or traffic safety hazards.
(b) The operation of the real estate office and associated activities will not conflict with adjacent and nearby residential uses.
(C) Time limitations. A temporary use permit for a real estate office may be approved for a maximum time period of two years from the date of approval.
(D) Signs and flags. Signs and flags in connection with a temporary real estate office shall be permitted within a tract on the following conditions:
(1) The sign copy shall be limited to matters relating to the project within which the signs are located. (2) Such signs shall have a time limit of existence concurrent with the use of the permitted temporary offices.
(3) Temporary project identification signs up to 64 square feet in area and 10 feet in height are permitted at each street entrance, subject to the provisions of § 9-1-754. (4) Additional signage exclusive of that permitted under division (D)(3) above preceding may be permitted, but shall not exceed a total of 100 square feet in area nor shall any sign exceed ten feet in height. (5) The number of flags permitted shall be two for the overall complex plus two per each model home, not to exceed a total of eight flags per model complex.
(6) The following advertising devices or activities are expressly prohibited within or outside the project:

Banners, balloons, portable trailer signs, or human indicators, except as specifically approved in a temporary use permit and in compliance with § 9-1-74.
(Ord. 99-107, § 5, passed 2-2-99)

§ 9-1-35.25 Gate-guarded neighborhoods.
(A) Application for approval. A gate-guarded neighborhood for new or existing residential development areas may be established with the approval of a site development permit. (B) Required information for neighborhood plan.
(1) In addition to the required submittal items for a site development permit, any person or entity desiring a gate-guarded neighborhood shall submit a detailed gate-guarded neighborhood plan. (2) The neighborhood plan shall include the following:
(a) Evidence of identifiable area to be served. A proposed gate-guarded neighborhood submitted pursuant to this section shall present evidence demonstrating that the control gates will serve a well-defined neighborhood.
(b) Evidence of neighborhood support.

1. Survey. The plan shall include a survey evid encing majority support for the concept. As a minimum, signatures of 51% of the owners of property within the neighborhood establishing written support for the plan shall be utilized by the city in determining whether there is majority support for the plan, with each buildable lot or dwelling unit to be tabulated as one vote. This criterion shall not apply to new development, with the exception of those developments under construction for which 25% or more of the units have been sold.

2. Impact Report. After receipt of the survey, city staff shall prepare a report which outlines all potential impacts of the action should it be implemented. The report shall also identify the city's current interest in any rights-of-way, easements or other property within the proposed gate- guarded neighborhood which would be vacated or otherwise affected by the approval and designate any such interest which is proposed to be transferred to the homeowners, either to an association or to individuals. If there is any question as to the city's ownership or interest in such facilities, the director may require the applicant to provide a title report on the property in question.

3. Petition. The report prepared by city staff shall be circulated as a petition to all owners of record within the impacted neighborhood. The resultant tabulation of the petitions in support of the issue must total at least 75% of all of the property owners, with each buildable lot or dwelling unit to be tabulated as one vote.

4. Utility/public facility coordination. The plan shall show the layout of adjacent utility and/or public facilities. Any facilities which are in conflict with the proposed gate system shall be relocated at the applicant's expense to locations approved by the affected utility and/or other public agency.

The gate design, including the setback of all gates, shall be approved by the public works director.

5. Financial plan. The plan shall include a financial analysis establishing that the gate-guarded facility shall be adequately maintained on a permanent basis. The financial plan shall also address maintenance funding for public facilities to be transferred to the homeowners (e.g., streets, sidewalks, curb and gutter, local drainage facilities, etc.).

6. Access by contract services. The applicant submitting the plan shall contact all contract services, i.e., trash pickup and street cleaning, and provide assurance of access to the gated community to allow for continued service.
(C) Design and access standards. Plans for establishment of a gate-guarded neighborhood shall incorporate the following design and access standards.

(1) Key system for gates. The plan shall provide for the installation of a master key override switch system as prescribed by the city for emergency access or other public access. Keys shall be provided to the city in the event of approval. If the gate operates by way of a telephone system, a ring-through feature shall be provided in order that cars waiting at the gate entrance will not cause waiting or queuing problems should a telephone line be in use, or a pull-out area outside of traffic lanes shall be provided to allow telephoning without blocking access.
(2) Gate setback. The setback of all gates shall be approved by the public works director. The setback shall be evaluated by considering the number of dwelling units within a gated neighborhood, internal and external traffic patterns, number of gated entries, the number of lanes at each entry point, type of gate control at each entry and type of street from which access is being taken. (3) Turnaround. There shall be a minimum of a 38-foot radius turnaround area located on the public street side of the gate to ensure unrestricted access to and from the gate area and public street system. This required turnaround area may include a rolled curb and sidewalk provide there are no obstructions to vehicles on the sidewalk. This requirement shall be treated as a general standard which may be modified based upon site and public health and safety considerations at the sole discretion of the city.

FIGURE 3.17
(4) Review by Fire Authority. The Fire Authority shall be asked to make its review and recommendations on any proposed plan.
(5) Other topographical considerations. The community development department shall review the plan for other site and topographical layout considerations to ensure that the design of the gate system does not create health and safety hazards.
(6) Access to public facilities. The proposal shall not result in the blockage or inhibition of access by the public to public or quasi-public facilities, whether existing or planned, such as parks, schools, hiking and biking, and equestrian trails, etc., which serve more of the community than the proposed gated neighborhood.
(7) Private streets. Any public streets proposed to be vacated within the neighborhood shall be maintained for access and parking as they were previously as public streets. All such streets shall be considered "public" for the purposes of implementing development standards such as setbacks, screening requirements, or other standards.

GATE-GUARDED ENTRY STANDARDS
Sidewalk
Private
Road
Possible Car
Pull-Off Area
Public Street
/ Right of Way Line

(D) Exceptions to design standards. Notwithstanding the standards set forth in division (C) above, the decision making authority may make exceptions to one or more of the design standards set forth above if it finds that:
(1) There would be no health or safety hazard created by the waiver of the design standard; and (2) Unique topographical features, including size of th e neighborhood, justify waiver of one or more of the design standards.
(E) Plans entailing vacation of public streets.
(1) Reservation of easements. The city shall reserve easements for franchised utility/service providers to allow access, maintenance, operation and placement of public utility and service systems. (2) Vacation procedure. Where a gate-guarded neighborhood plan includes a request that the city vacate a public street, the city's street vacation procedures, as stipulated in city council Resolution No. 90-71, shall address the following additional provisions:
(a) In determining whether to vacate a public street as a part of a gate-guarded neighborhood plan, the City Council will take into consideration the aesthetic and financial impact on the City and social impacts arising from the proposed vacation of the public streets, as part of the specified request under review.
(b) Prior to consideration by th e city council, the planning commission shall review the vacation request and shall make a recommendation to the city council. (c) In order to ensure consistency, street vacation requests shall be processed concurrently with the gate-guarded neighborhood plan and related site development permit. (3) Revocation of vacation of public streets. The city council reserves the right to conditionally approve a vacation of a public street in a manner that will allow the city to revoke the vacation of the street if the plan proponent fails to abide by conditions of approval, or the plan implementation is otherwise found to create a public health or safety hazard. If there is a revocation, the gates must be removed. (F) Review procedure. The gate-guarded neighborhood request shall be subject to review and approval of a site development permit, which shall be processed in accordance with § 9-1-114. If the gate-guarded neighborhood request includes the proposed vacation of public streets or public easements, the administrative site development permit approval shall be conditioned upon city council approval of the proposed street or easement vacation, and recordation of the council resolution approving the vacation. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2021-210, § 30, passed 8-3-21) § 9-1-35.26 Accessory dwelling units and junior accessory dwelling units. (A) Purpose. This purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
(B) Effect of Conforming. An ADU or JADI that conforms to the standards in this section will not be:
(1) Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.
(2) Deemed to exceed the allowable density for th e lot on which the ADU or JADU is located. (3) Considered in the app lication of any local ordinance, policy, or program to limit residential growth. (4) Required to correct a nonconforming zoning condition, as defined in subsection (C)(8) below. This does not prevent the city from enforcing compliance with applicable building standards in accordance with Health and Safety Code § 17980.12.

(C) Definitions. As used in this section, terms are defined as follows:
(1) “Accessory dwelling unit” or “A DU” means an attached or a detached residential dwelling unit that provides a complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by § 17958. 1 of the California Health and Safety Code; and (b) A manufactured home, as defined by § 18007 of the California Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental toa dwelling located on the same lot.
(3) “Complete independent living facilities” mean s permanent provision for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.
(4) “Efficiency kitchen” means a kitchen that includes all of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.
(5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following:
(a) It is no more that 500 square feet of interior livable space in size. (b) It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(c) It includes its own separate sani tation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bath room, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. (e) It includes an efficiency kitchen, as defined in subsection (C)(4) above. (6) “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
(7) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(8) “Nonconforming zoning condition '' means a phy sical improvement on a property that does not conform with current zoning standards.
(9) “Passageway'' means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
(10) "Proposed dwelling'' means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
(11) “Public transit'' means a location. including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(12) “Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

(D) Approvals. The following approvals apply to ADUs and JADUs created under this section:
(1) Ministerial ADU and Building Permits Required. Every ADU and JADU requires an ADU permit and a building permit. The city will review and approve permit applications in accordance with subsection (D)(3) below.
(2) Processing Fee. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the city council by resolution.
(3) Process and Timing.
(a) Completeness.

1. Determination in 15 days. The city will determ ine whether an application to create or serve an ADU or JADU is complete and will provide written notice of the determination to the applicant within 15 business days after the city receives the application submittal.

2. lncomplete items. If the city· s determinat ion under subsection (D)(3)(a)(1) above is that the application is incomplete, the city's notice must list the incomplete items and describe how the application can be made complete.

3. Cure. After receiving a notice that the app lication is incomplete, the applicant may cure and address the items that were deemed by the city to be incomplete.

4. Subsequent submittals. If the applicant submits additional information to address incomplete items, within 15 business days of the subsequent submittal the city will determine in writing whether the additional information remedies all the incomplete items that the city identified in its original notice. The city may not require the application to include an item that was not included in the original notice.

5. Deemed complete. If the city does not make a timely determination as required by this subsection (a), the application or resubmitted application is deemed complete for the purposes of subsection (D)(3)(c) below.

6. Appeal of incompleteness. An applicant ma y appeal the city’s determination that the application is incomplete by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the completeness determination and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(b) No discretion or hearing. Ministerial permits for an ADU or JADU are considered and approved without discretionary review or a hearing.
(c) Deadline to approve or deny ministerial approva ls. The city must approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a complete application. If the city has not approved or denied the complete application within 60 days, the application is deemed approved unless either:

1. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

(d) Denial. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (D)(3)(c) above.
(e) Appeal of denial. An applicant may appeal the ci ty 's denial of the application by submitting a written appeal to the city clerk. The planning commission will review the written appeal and affirm or reverse the denial and provide a final written determination to the applicant within 60 business days after receipt of the appeal.
(f) Deadline to approve or deny CDP. Nothing in st ate ADU and JADU laws or this code supersedes or in any way alters or lessens the effect or application of the California Coastal Act of 1976, except that

1. If a coastal development permit (CDP) is required for the ADU or JADU, a complete CDP application must be included for the ADU or JADU application to be complete; and

2. The CDP application must be approved or denied within 60 days of receiving the complete application.

3. If the city does not have a certified local coastal plan or program when the complete ADU or JADU application is received, the city will immediately notify the California Coastal Commission of the complete application.
(g) Concurrent review of demolition. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. (E) Classes.
(1) Class 1: Statutorily Regulated. Class I ADUs and JADUs are approved under Government Code section 66323. If an ADU or JADU complies with each of the general requirements in subsection (F) below. it is allowed in each of the scenarios provided in this subsection (E)(I). An ADU and JADU approved under subsection (E)(I)(a) may be combined with an ADU approved under subsection (E)(I)(b), and ADUs approved under subsection (E)(I)(c) may be combined with ADUs approved under subsection (E)(I)(d). (a) Converted on Lot with Single-Family: One ADU as described in this subsection (E)(l)(a) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress: and

2. Has exterior access that is independent of that for the single-family dwelling; and

3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

4. The JADU complies with the requirements of Government Code sections 66333 through 66339.
(b) Limited Detached on Lot with Single-Family: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling, if the detached ADU satisfies each of the following limitations:

1. The side- and rear-yard setbacks are at least four feet.

2. The total floor area is 800 square feet of livable space or smaller.

3. The peak height above grade does not exceed the applicable height limit in subsection (F)(2) below.
(c) Converted on Lot with Multifamily: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (E)(I)(c), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.
(d) Limited Detached on Lot with Multifamily: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

1. The side- and rear-yard setbacks are at leas t four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU.

2. The peak height above grade does not exceed the applicable height limit provided in subsection (F)(2) below.

3. If the lot has an existing multifamily dwe lling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (F) General Requirements. The following requirements apply to all Class 1 and Class 2 ADUs and JADUs. (1) Zoning.
(a) A class 1 ADU approved under subsection (E)(I) may be created on a lot in a residential or mixed- use zone.
(b) A Class 2 ADU approved under subsection (E)(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (c) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(2) Height.
(a) Except as otherwise provided by subsections (F)(2)(b) and (F)(2)(c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(b) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (c) A detached ADU created on a lo t with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. (d) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (T)(2)(d) may not exceed two stories.

(e) For purposes of this subsection (T)(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. (3) Fire Sprinklers.
(a) Fire sprinklers are required in an ADU or JADU if sprinklers are required in the primary residence. (b) The construction of an ADU or JADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last IO years. (7) Owner Occupancy.
(a) ADUs. ADUs are not subject to an owner-occupancy requirement. (b) JADUs.

1. Generally. As required by state law, JADUs are generally subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence.

2. Exceptions. The owner-occupancy requirement in this subsection (F)(7)(b) does not apply in either of the following situations:
a. The JADU has separate sanita tion facilities (i.e., does not share sanitation facilities with the existing primary dwelling unit structure).
b. The property is entirely owned by another governmental agency, land trust, or housing organization.
(8) Deed Restriction. Prior to issuance of a certificate of occupancy for an JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the director of community development. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
(a) The JADU may not be sold sepa rately from the primary dwelling. (b) The JADU is restricted to the approved size a nd to other attributes allowed by this section. (c) The deed restriction runs with the land and may be enforced against future property owners. (d) The deed restriction may be removed if the owner eliminates the JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the JADU has in fact been eliminated.

The Director may then determine whether the evidence supports the claim that the JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the JADU is not entirely physically removed, but is only eliminated by

virtue of having a necessary component of an JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (e) The deed restriction is enforceable by the director or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to. obtaining an injunction enjoining the use of the JADU in violation of the recorded restrictions or abatement of the illegal unit. (9) Building & Safety.
(a) Must comply with building code. Subject to subsection (F)(9)(b) below. all ADUs and JADUs must comply with all local building code requirements.
(b) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or code enforcement division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection (T)(9)(b) prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
(10) Certificate of Occupancy Timing.
(a) Generally. No certificate of occupancy for an ADU or JADU may be issued before the certificate of occupancy is issued for the primary dwelling unit.
(b) Limited Exception for State-declared Emergencies. Notwithstanding subsection (T)(I0)(a) above, a certificate of occupancy for an ADU may be issued before a certificate of occupancy for the primary dwelling if each of the following requirements are met:

1. The county is subject to a proclamation of a state of emergency made by the California Governor on or after February 1, 2025.

2. The primary dwelling was substantially dama ged or destroyed by an event referenced m the Governor's state of emergency proclamation.

3. The ADU has been issued construction permit s and has passed all required inspections.

4. The ADU is not attached to the primary dwelling.
(G) Specific ADU Requirements. The following requirements apply only to Class 2 ADUs approved under subsection (E)(2) above. This subsection (G) does not apply to Class 1 ADUs or JADUs approved under subsection (E)(1) above.
(1) Maximum Size.
(a) The maximum size of a detached or attached ADU subject to this subsection (G) is 850 square feet of interior livable space for a studio or one-bedroom unit and 1,000 square feet of interior livable space for a unit with two or more bedrooms.
(b) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. (c) Application of other development standards in th is subsection (G), such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (G)(I)(b) above or of an FAR, front setback, lot coverage Iimit, or open-space requirement may require the ADU have less than 800 square feet of interior Iivable space.

(2) Setbacks.
(a) ADUs that are subject to this subsection (G) mu st conform to 4-foot side and rear setbacks. ADUs that are subject to this subsection (G) must conform to 20-foot front setbacks, subject to subsection (G)(I)(c) above.
(b) No setback is required for an AD U that is subject to this subsection (G) if the ADU is constructed in the same location and to the same dimensions as an existing structure. (3) Passageway. No passageway, as defined by subsection (C)(9) above, is required for an ADU. (4) Parking.
(a) Generally. One off-street park ing space is required for each ADU or bedroom, whichever is less.

The parking space may be provided in setback areas or as tandem parking, as defined by subsection (C)(12) above.
(b) Exceptions. No parking under subsection (G )(4)(a) is required in the following situations:

1. The ADU is located within one-half mile walk ing distance of public transit, as defined in subsection (C)(11) above.

2. The ADU is located within an architecturally and historically significant historic district.

3. The ADU is part of the proposed or existing primary residence or an accessory structure.

4. When on-street parking permits are required but not offered to the occupant of the ADU.

5. When there is an established car share vehicle stop located within one block of the ADU.

6. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections (G)(4)(b)(1) through (5) above. (c) No Replacement. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off- street parking spaces are not required to be replaced.
(5) Architectural Requirements.
(a) The materials and colors of the exterior walls, roof, and windows and doors must be the same as those of the primary dwelling.
(b) The roof slope must match that of the domi nant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. (c) The exterior lighting must be limited to down- lights or as otherwise required by the building or fire code.
(d) The ADU must have an independent exterior en trance. apart from that of the primary dwelling. (e) The interior horizontal dimensions of an ADU mu st be at least IO feet wide in every direction, with a minimum interior wall height of seven feet.
(f) No window or door of the ADU may have a di rect line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping. or privacy glass to prevent a direct line of sight. (g) All windows and doors in an ADU less than 30 feet from a property line that is not a public right- of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(6) Landscape Requirements. Evergreen landscape screening must be planted and maintained between the ADU and the public right of way as follows:
(a) At least one 15-gallon size plant must be provided for every five linear feet of exterior ADU wall.

Alternatively, at least one 24 ' box size plant must be provided for every ten linear feet of exterior ADU wall.
(b) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.
(c) All landscaping must be drought-tolerant.
(d) All landscaping must be from the city's approved plant list. (7) Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located entirely behind the rear-most exterior wall of the primary dwelling and directly behind the primary dwelling. (8) Allowed Stories. No ADU subject to this subsection (G) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (F)(2)(d) of this section.
(H) Fees. The following requirements apply to all Class 1 ADUs and JADUs and Class 2 ADUs that are approved under subsections (E)(1) or (E)(2) above.
(1) Impact Fees.
(a) No impact fee is required for a JADU or for an AD U that has less than 750 square feet of interior livable space. For purposes of this subsection (H)(1), “impact fee" means a “fee'' under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(b) A JADU or ADU with less than 500 square feet of interior livable space does not increase assessable space by 500 square feet for purposes of Education Code section 17620(a)(I)(C), and is therefore not subject to school fees under Education Code section 17620. (c) Any impact fee that is required for an ADU that has 750 square feet or more of interior livable space must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)
(2) Utility Fees.
(a) If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(b) Except as described in subsection (H)(2)(a), JA DUs and converted ADUs on a single-family lot that are created under subsection (E)(1)(a) above are not required to have a new or separate utility connection directly between the JADU or ADU and the utility. Nor is a connection fee or capacity charge required. Notwithstanding the rest of this paragraph, a direct utility connection is required for separate conveyance of an ADU when separate conveyance is allowed under this code.
(c) Except as described in subsection (h)(2)(A), all ADUs that are not covered by subsection (h)(2)(B) require a new. separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.

1. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.

2. The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.
(I) Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. (1) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. (2) Unpermitted ADUs and JADUs constructed before 2020. (a) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January I, 2020, if denial is based on either of the following grounds:

1. The ADU or JADU violates app licable building standards, or

2. The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (section 9-1-35.26).
(b) Exceptions:

1. Notwithstanding subsection (I)(2)(a) above. the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.

2. Subsection (I)(2)(a) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3. (J) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in subsections (A) through (J) of this section may be allowed by the city with a site development permit for alternate development standards in accordance with the other provisions of this title. (Ord. 2021-211, § 4, passed 8-3-21; Ord. 2023-223, § 3, passed 6-20-23; Ord. 2024-232, § 3(Exh. 1), passed 1-21- 25; Ord. 2026-239, passed 2-17-2026)
§ 9-1-35.27 Reserved.
§ 9-1-35.28 Transitional and supportive housing.
(A) Transitional housing. In accordance with California Government Code § 65583(c)(3), transitional housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
(B) Supportive housing.
(1) Generally. In accordance with California Government Code § 65583(c)(3), supportive housing is considered a residential use of property and is subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (2) In zones allowing multifamily. Supportive housing that complies with the requirements of California Government Code § 65650 et seq. is considered a use by right in all zones where multifamily uses are

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permitted, including mixed-use zones. In accordance with California Government Code § 65651(b)(1), a supportive housing development must comply with all development standards and policies that apply to other multifamily developments within the same zone, unless preempted by state law. (Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)
§ 9-1-36 Condominium conversions.
(A) Purpose. The purpose of this section is to:
(1) Provide standards and criteria for regulating the conversion of rental housing to residential condominium, community apartment or stock cooperative types of ownership and for determining when such conversions are appropriate;
(2) Mitigate any hardship to tenant s caused by their displacement; and (3) Provide for the public health , safety and general welfare. (B) Applicability. The provisions of this section shall apply to all conversions of rental housing into condominiums, community apartments or stock cooperatives, notwithstanding any other provision of this zoning code or of any planned community ordinance.
(C) Use permit and subdivision required. All conversion projects subject to this section shall require approval of a use permit in accordance with § 9-1-114 and approval of tentative and final subdivision maps. (D) Zoning and subdivision standards. Conversion projects shall conform to:
(1) The applicable standards and requirements of the zo ning district in which the project is located at the time of approval; and
(2) The applicable provisions of the subdivision code.
(E) Tenant notification. Applicants for conversion projects shall be responsible for notifying existing and prospective rental tenants as follows.
(1) Existing tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in § 66452.918 of the California subdivision map act to each tenant of the subject property. Further, if the conversion project is approved, the applicant shall give all tenants a minimum of 180 days advance notice of the termination of their tenancy.
(2) Prospective tenants. At least 60 days prior to the filing of an application for conversion of rental or lease property, the applicant or the applicant's agent shall give notice of such filing in the form set forth in § 66452.817 of the Subdivision Map Act to each person applying after such date for rental or lease of a unit of the subject property. Pursuant to the Subdivision Map Act, failure of an applicant to provide such notice shall not be grounds to deny the conversion but shall make the applicant subject to the penalties specified in § 66452.8 of the Subdivision Map Act. (3) Evidence of tenant notification. Each application for conversion shall include evidence to the satisfaction of the director that the notification requirements specified in divisions (E)(1) and (E)(2) above have been or will be satisfied.
(F) Tenant purchase option. The property owner shall provide tenants with a 90-day preemptive right to purchase a unit or a right of exclusive occupancy upon more favorable terms and conditions than those on which such unit or share will be initially offered to the general public. Such right shall be irrevocable for a period of 90 days after the commencement of sales and notification of the tenant of such right.

(G) Application requirements. Each application for a conversion project shall be accompanied by the following in addition to the standard filing requirements for use permit and subdivision applications. (1) Engineering report. An engineering report on the general condition of all structural, electrical, plumbing and mechanical elements of the existing development, including noise insulation, and the estimated cost of repair or improvements, if any. The report shall be completed to the satisfaction of the director, signed and dated by the director, and made available to prospective buyers if the conversion is completed.
(2) List of tenants. A complete mailing list of all tenants occupying the subject property and two corresponding sets of stamped addressed envelopes. Within ten days after the filing of the application, the director shall notify each tenant of the application, forward a copy of the engineering report required by division (G)(1) above and list the procedures to be followed. The director shall mail a notice of public hearing at least ten days before the hearing to each tenant on the mailing list. (3) Housing program.
(a) Each application for a conversion project shall be accompanied by a housing program. (b) The program shall include but not be limited to the following:

1. The means by which the provision of affordable rental housing will be achieved; (e.g. by maintaining affordable rental condominium units within the converted project or by providing affordable rental units elsewhere in the city.)

2. A housing report addressing housing affordab ility within the general plan community profile area, including vacancy rates and other available housing of similar type and rent, the current rents and estimated monthly payments and fees of the units to be converted, and all improvements and renovations contemplated;

3. A survey of existing tenants as to their length of occupancy and the number of those who express the intention of purchasing one of the units; and

4. A relocation plan which identifies the step s which will be taken to ensure the successful relocation of each tenant if the conversion is completed. The relocation plan shall also state what specific relocation assistance existing tenants will be given, such as costs relating to physically moving tenants and their possessions, first months' rent in the tenant's new unit, security and cleaning deposits, and phone connection and utility deposits. Particular consideration shall be given to the needs of elderly and disabled individuals, families with children, and other tenants who may encounter difficulty in finding a new residence. (H) Affordable units in condominium conversions. The provision of affordable dwelling units in connection with the conversion of apartments to condominiums shall be governed by the provisions of this section and of § 9-1-37.
(Ord. 99-107, § 5, passed 2-2-99)
§ 9-1-37 Density bonuses and related affordable housing incentives.

The density bonuses and related affordable housing incentives required by state law, including but not limited to California Government Code § 65915 et seq., are available to applicants on the terms and conditions specified in state law.
(Ord. 99-107, § 5, passed 2-2-99; Ord. 2013-173, § 3, passed 2-19-13; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24)

§ 9-1-38 Group homes.
(A) Purpose. The purposes of this section are to further the purposes of state and federal disability and fair- housing laws by, among other things: Accommodating the needs of the disabled in a manner that is reasonable and that facilitates the use and enjoyment of a dwelling the same as for non-disabled individuals; and to provide living environments that will enhance the opportunity for the disabled. (B) Standards for group homes. Group homes, which are distinguished from other boarding houses by the disabled status of their clientele, are permitted in all zones that allow residential uses subject to the following:
(1) Structure. The structure in which and the lot on which a group home is established must comply with all standards that apply to a residential dwelling structure and lot in the same zone. (2) Group home permit. An application for a ministerial, streamlined administrative permit is submitted to the community development director or designee by the property owner and, if the owner is not also the operator, by the operator of the group home. The application must provide the following:
(a) The name, address, phone number, and driver's license number of the property owner, operator, and house manager;
(b) A copy of the group home rules and regulations, the maximum number of occupants (may not exceed two persons per legal bedroom, including the house manager), intake procedures, and relapse policy;
(c) A signed and notarized copy of the city's residen t verification form, including affirmation by the operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
(d) If the operator is not the property owner, a signed and notarized copy of the city's property owner consent form for operation of a group home at the property; (e) Blank copies of all forms that all residents and potential residents are required to complete; (f) A fee for the cost of processin g the application as set by resolution of the city council; (g) No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible to for updating any of this information to keep it current; and
(h) A detailed and labeled floor plan that clearly shows all bedrooms and areas intended for common use.
(3) Occupant rental agreements shall be no less than 30 days. Agreements of less than 30 days shall constitute short term rental, a prohibited use in all residential zones that has been determined to be contrary to the purpose and intent of such zones and detrimental to the character of single-family residential neighborhoods specifically.
(4) The group home shall not be located in an accessory second residential unit unless the primary dwelling unit is used for the same purpose.
(5) The group home has a house manager who resides at the group home and who is responsible for the day-to-day operation of the group home.
(6) The operator shall provide to the city a 24-hou r emergency contact that will respond, on-site if requested, to complaints about the condition, operation, or conduct of residents or their guests. Prior

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.