City of Downey

City of DowneyZoning OrdinanceCity of DowneyCommunity Development Department11111 Brookshire AvenueDowney, CA 90241Public Review DraftAugust 2008

City of DowneyZoning OrdinancePublic Review DraftAugust 2008

MUNICIPAL CODE ARTICLE IX – LAND USETABLE OF CONTENTSCHAPTER 1 – GENERAL PROVISIONS AND DEFINITIONS ..................................... 9.1-1Section 9102 Comprehensive Zoning Ordinance .................................................... 9.1-2Section 9104 Intent and Purpose.............................................................................. 9.1-2Section 9106 Findings of Fact ................................................................................. 9.1-2Section 9108 Applicability ...................................................................................... 9.1-3Section 9110 Application of Regulations ................................................................ 9.1-3Section 9112 Authority............................................................................................ 9.1-3Section 9114 Effect of Provisions............................................................................ 9.1-5Section 9116 Interpretation of Regulations ............................................................. 9.1-5Section 9118 Validity and Separability ................................................................... 9.1-6Section 9120 Definitions – General Provisions....................................................... 9.1-6Section 9122 “A” Definitions .................................................................................. 9.1-6Section 9124 “B” Definitions ................................................................................ 9.1-10Section 9126 “C” Definitions ................................................................................ 9.1-12Section 9128 “D” Definitions ................................................................................ 9.1-15Section 9130 “E” Definitions................................................................................. 9.1-18Section 9132 “F” Definitions................................................................................. 9.1-18Section 9134 “G” Definitions ................................................................................ 9.1-20Section 9136 “H” Definitions ................................................................................ 9.1-20Section 9138 “I” Definitions.................................................................................. 9.1-21Section 9140 “J” Definitions ................................................................................. 9.1-21Section 9142 “K” Definitions ................................................................................ 9.1-21Section 9144 “L” Definitions................................................................................. 9.1-22Section 9146 “M” Definitions ............................................................................... 9.1-26Section 9148 “N” Definitions ................................................................................ 9.1-27Section 9150 “O” Definitions ................................................................................ 9.1-28Section 9152 “P” Definitions................................................................................. 9.1-29Section 9154 “Q” Definitions ................................................................................ 9.1-32Section 9156 “R” Definitions ................................................................................ 9.1-32Section 9158 “S” Definitions................................................................................. 9.1-35Section 9160 “T” Definitions................................................................................. 9.1-43Section 9162 “U” Definitions ................................................................................ 9.1-45Section 9164 “V” Definitions ................................................................................ 9.1-45Section 9166 “W” Definitions ............................................................................... 9.1-45Section 9168 “X” Definitions ................................................................................ 9.1-46Section 9170 “Y” Definitions ................................................................................ 9.1-46Section 9172 “Z” Definitions................................................................................. 9.1-47i

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 2 – ENFORCEMENT, LEGAL PROCEDURES AND PENALTIES........... 9.2-1Section 9202 Vested Rights and Encumbrances...................................................... 9.2-1Section 9204 Enforcement....................................................................................... 9.2-1Section 9206 Validity .............................................................................................. 9.2-2Section 9208 Permit Procedures .............................................................................. 9.2-2Section 9210 Certificates of Occupancy.................................................................. 9.2-2Section 9212 Commencement of Operations Under Permits and Licenses ............ 9.2-3Section 9214 Public Nuisances................................................................................ 9.2-3Section 9216 Interpretation and Enforcement Procedures....................................... 9.2-4Section 9218 Inspection of Premises ....................................................................... 9.2-4Section 9220 Remedies............................................................................................ 9.2-4CHAPTER 3 – ZONES AND STANDARDS ....................................................................... 9.3-1Section 9302 Zones Established .............................................................................. 9.3-1Section 9304 Official Zoning Map .......................................................................... 9.3-2Section 9306 Interpretation of Zone Boundaries..................................................... 9.3-3Section 9308 Zoning of Annexed Areas.................................................................. 9.3-3Section 9310 Zone Boundaries and Lot Lines......................................................... 9.3-4Section 9312 Residential Zones............................................................................... 9.3-4Section 9314 Commercial Zones........................................................................... 9.3-18Section 9316 Mixed-Use Zone .............................................................................. 9.3-27Section 9318 Manufacturing Zones....................................................................... 9.3-33Section 9320 Public Zone ...................................................................................... 9.3-39Section 9322 Open Space Zone ............................................................................. 9.3-42Section 9324 Planned Unit Development Overlay Zone....................................... 9.3-45Section 9326 Downtown Plan Overlay Zone......................................................... 9.3-48CHAPTER 4 – REGULATIONS FOR SPECIAL USES AND STRUCTURES .............. 9.4-1Section 9402 Adult Businesses................................................................................ 9.4-1Section 9404 Automobile, Motorcycle, and Light Truck Sales............................... 9.4-7Section 9406 Drive-In Businesses ........................................................................... 9.4-9Section 9408 Home Occupations........................................................................... 9.4-19Section 9410 Nonconforming Uses, Buildings, and Structures............................. 9.4-21Section 9412 Motels .............................................................................................. 9.4-26Section 9414 Second Unit Developments.............................................................. 9.4-29Section 9416Self Storage, Mini-Storage, Mini-Warehouse, andRecreational Vehicle Storage........................................................... 9.4-32Section 9418 Senior Citizen Housing Developments............................................ 9.4-33Section 9420 Special Events.................................................................................. 9.4-41Section 9422 Convalescent Hospitals and Nursing Homes................................... 9.4-52Section 9424 Temporary Uses and Structures....................................................... 9.4-54Section 9426 Wireless Communication Facilities ................................................. 9.4-57ii

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 5 – SUPPLEMENTAL REGULATIONS ........................................................ 9.5-1Section 9502 Access and Zones............................................................................... 9.5-1Section 9504 Air Conditioning, Mechanical Roof, and Utility Equipment............. 9.5-2Section 9506 Approval of Acquisition of Property for Public Purposes................. 9.5-3Section 9508 Buildings Moved................................................................................ 9.5-3Section 9510 Conversion of Residential Buildings to Multiple Ownership............ 9.5-3Section 9512 Density Bonus.................................................................................. 9.5-16Section 9514 Domestic Animals............................................................................ 9.5-33Section 9516 Environmental Protection Standards................................................ 9.5-35Section 9518 Fireworks ......................................................................................... 9.5-37Section 9520 Landscaping, Lighting, and Walls ................................................... 9.5-37Section 9522 Lot and Street Standards .................................................................. 9.5-53Section 9524 Public Address Systems................................................................... 9.5-55Section 9526 Public Utilities ................................................................................. 9.5-55Section 9528 Solid Waste ...................................................................................... 9.5-55Section 9530 Transportation Demand Management.............................................. 9.5-57Section 9532 Use of Trailers.................................................................................. 9.5-60Section 9534 Yards, Setbacks, and Height Exceptions ......................................... 9.5-61CHAPTER 6 – SIGNS ............................................................................................................ 9.6-1Section 9602 Intent and Purpose.............................................................................. 9.6-1Section 9604 Applicability ...................................................................................... 9.6-2Section 9606 Policies............................................................................................... 9.6-2Section 9608 General Provisions............................................................................. 9.6-3Section 9610 Sign Permits and Planned Sign Program ........................................... 9.6-4Section 9612 Exempt Signs ..................................................................................... 9.6-8Section 9614 Prohibited Signs and Locations ......................................................... 9.6-8Section 9616 Computation of Sign Area, Height, and Copy Area ........................ 9.6-15Section 9618 On-Site Sign Regulations................................................................. 9.6-19Section 9620 Additional Sign Standards for Specific Uses................................... 9.6-36Section 9622 Billboards (Off-Site Signs) .............................................................. 9.6-39Section 9624 Lighting and Design Standards........................................................ 9.6-40Section 9626 Enforcement..................................................................................... 9.6-41CHAPTER 7 – PARKING ..................................................................................................... 9.7-1Section 9702 Intent and Purpose.............................................................................. 9.7-1Section 9704 Applicability ...................................................................................... 9.7-1Section 9706 Design Standards ............................................................................... 9.7-2Section 9708 Residential Off-Street Parking Requirements.................................... 9.7-4Section 9710 Residential Parking Design Standards............................................... 9.7-5Section 9712 Nonresidential Parking Requirements ............................................... 9.7-7Section 9714 Nonresidential Parking Design Standards ....................................... 9.7-12Section 9716 Off-Street Loading Spaces............................................................... 9.7-12Section 9718 Improvement of Parking Areas........................................................ 9.7-14iii

MUNICIPAL CODE ARTICLE IX – LAND USESection 9720 Parking Assessment Districts........................................................... 9.7-15Section 9722 Attendant/Valet Parking................................................................... 9.7-16Section 9724 Joint Use Parking ............................................................................. 9.7-16Section 9726 Off-Site Parking Facilities ............................................................... 9.7-17Section 9728 Miscellaneous Requirements ........................................................... 9.7-18CHAPTER 8 – ADMINISTRATION.................................................................................... 9.8-1Section 9802 Review Bodies and Responsibilities.................................................. 9.8-1Section 9804 Public Hearing ................................................................................... 9.8-2Section 9806 Appeal................................................................................................ 9.8-6Section 9808 Reapplication ................................................................................... 9.8-10Section 9810 Application Withdrawal................................................................... 9.8-11Section 9812 Environmental Review..................................................................... 9.8-11Section 9814 Administrative Permit...................................................................... 9.8-11Section 9816 Adult Use Permit.............................................................................. 9.8-16Section 9818 Density Bonus.................................................................................. 9.8-21Section 9820 Site Plan Review.............................................................................. 9.8-24Section 9822 Planned Unit Development.............................................................. 9.8-28Section 9824 Conditional Use Permit.................................................................... 9.8-34Section 9826 Variance ........................................................................................... 9.8-38Section 9828 Revocation and Modification of Use Permit and Variance ............. 9.8-43Section 9830 Zone Change .................................................................................... 9.8-44Section 9832 Zoning Text Amendment................................................................. 9.8-48Section 9834 General Plan Amendment................................................................ 9.8-50Section 9836 Specific Plan .................................................................................... 9.8-53Section 9838 Prezoning and Annexation............................................................... 9.8-59iv

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 1GENERAL PROVISIONSAND DEFINITIONS

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 1 – GENERAL PROVISIONS AND DEFINITIONSCHAPTER CONTENTSSECTION 9102. COMPREHENSIVE ZONING ORDINANCE.SECTION 9104. INTENT AND PURPOSE.SECTION 9106. FINDINGS OF FACT.SECTION 9108. APPLICABILITY.SECTION 9110. APPLICATION OF REGULATIONS.SECTION 9112. AUTHORITY.SECTION 9114. EFFECT OF PROVISIONS.SECTION 9116. INTERPRETATION OF REGULATIONS.SECTION 9118. VALIDITY AND SEPARABILITY.SECTION 9120. DEFINITIONS – GENERAL PROVISIONS.SECTION 9122. “A” DEFINITIONS.SECTION 9124. “B” DEFINITIONS.SECTION 9126. “C” DEFINITIONS.SECTION 9128. “D” DEFINITIONS.SECTION 9130. “E” DEFINITIONS.SECTION 9132. “F” DEFINITIONS.SECTION 9134. “G” DEFINITIONS.SECTION 9136. “H” DEFINITIONS.SECTION 9138. “I” DEFINITIONS.SECTION 9140. “J” DEFINITIONS.SECTION 9142. “K” DEFINITIONS.SECTION 9144. “L” DEFINITIONS.SECTION 9146. “M” DEFINITIONS.SECTION 9148. “N” DEFINITIONS.SECTION 9150. “O” DEFINITIONS.SECTION 9152. “P” DEFINITIONS.SECTION 9154. “Q” DEFINITIONS.SECTION 9156. “R” DEFINITIONS.SECTION 9158. “S” DEFINITIONS.SECTION 9160. “T” DEFINITIONS.SECTION 9162. “U” DEFINITIONS.SECTION 9164. “V” DEFINITIONS.SECTION 9166. “W” DEFINITIONS.SECTION 9168. “X” DEFINITIONS.SECTION 9170. “Y” DEFINITIONS.SECTION 9172. “Z” DEFINITIONS.9.1-1

MUNICIPAL CODE ARTICLE IX – LAND USE9102 9106SECTION 9102. COMPREHENSIVE ZONING ORDINANCE.Chapters 1 through 8 of Article IX of the Downey Municipal Code shall be known, and referredto, as “The Comprehensive Zoning Ordinance of the City of Downey.” The short form of thesame shall be “Zoning Ordinance.” The Zoning Ordinance is adopted as a means forimplementing the adopted General Plan of the City.SECTION 9104. INTENT AND PURPOSE.(A)(B)The purpose of this article is to consolidate and coordinate all existing zoning regulationsand provisions into one comprehensive zoning ordinance in order to designate, regulate,and restrict the location and use of buildings, structures, and land for residence,commerce, trade, industry, or other purposes; to regulate and limit the height, number ofstories, and size of buildings and other structures hereafter erected or altered; to regulateand determine the size of yards and other open spaces; and to regulate and limit thedensity of population and, for said purposes, to divide the City into zones of suchnumber, shape, and area as may be deemed best suited to carry out these regulations andto provide for the administration of said regulations and to provide for their enforcement.Further, such regulations are deemed necessary to encourage the most appropriate use ofland; to conserve and stabilize the value of property; to provide adequate open spaces forlight and air and to prevent and fight fires; to prevent the undue concentration ofpopulation; to lessen congestion on streets; to facilitate adequate provisions forcommunity utilities and facilities, such as transportation, water, sewerage, schools, parks,and other public requirements; and to protect and promote the health, safety, and thegeneral welfare, all in accordance with the comprehensive General Plan of the City.SECTION 9106. FINDINGS OF FACT.(A)(B)The Council hereby declares that due and careful consideration has been given to thesuitability of each and every zone and their applicable regulations and that theseregulations are found to best serve the above purposes. The Council further finds thatthese regulations are in the public interest and that due and careful consideration has beengiven to the relationship between these regulations and the General Plan of the City.The Council further finds that the property development standards included in this articleare necessary to preserve the community health, safety, and general welfare; to ensureadequate levels of light, air, and density of development; to maintain and enhance thelocally recognized value of community appearance; to promote the functionalcompatibility of uses; to promote the safe and efficient circulation of pedestrian, bicycle,and vehicular traffic; and to encourage the development of property in such a manner asnot to adversely affect the use and enjoyment of adjoining lands.9.1-2

MUNICIPAL CODE ARTICLE IX – LAND USE9108 9112.02SECTION 9108. APPLICABILITY.The provisions of this article shall be applicable to private persons, public agencies, andorganizations to the full extent that such provisions may be enforceable in connection with theactivities of any such public agencies or organizations.SECTION 9110. APPLICATION OF REGULATIONS.(A)(B)(C)No building, structure, or lot shall hereafter be used or occupied, and no building or partthereof shall be erected, moved, or altered, unless in conformity with the regulationsspecified in this article for the zone in which such building, structure, or lot is located andthen only after securing all permits and licenses required by law and ordinances.No building or structure shall hereafter be erected or altered to exceed the height; toaccommodate or house a greater number of families; to occupy a greater percentage of lotarea; or to have narrower or smaller rear yards, front yards, or side yards than is specifiedin this article for the zone in which such building or structure is located.No part of a yard or other open space required for one (1) building to comply with theprovisions of this article shall be included as a part of a yard or other open space similarlyrequired for another building.SECTION 9112. AUTHORITY.This article is adopted pursuant to Article XI Section 7, of the Constitution of the State ofCalifornia and in compliance with the requirements of Title 7 of the Government Code, Planningand Zoning Law, as may be subsequently amended by the State of California, for the purpose ofpromoting the public health, safety, and general welfare.Section 9112.02. City Planner Authority.The City Planner shall be appointed by the City Manager and shall have the following duties,responsibilities, and authority for this article, as well as other duties, responsibilities, andauthority prescribed for the City Planner under other laws and ordinances, City regulations, andadministrative provisions:(A)(B)The City Planner shall have the authority and responsibilities described and illustrated inChapter 8 and anywhere else the City Planner is identified within the Downey MunicipalCode.The City Planner’s authority and responsibility may be delegated through deputies orassistants appointed by the City Planner for such purpose. Therefore, any time the term“City Planner” is used in this article, it shall mean “City Planner or their designee.”9.1-3

MUNICIPAL CODE ARTICLE IX – LAND USE9112.04 9112.06(C)(D)(E)The City Planner shall be responsible for determining the applicable section of this articlethat applies when separate provisions of this article appear to be in conflict or whereother ambiguity arises regarding the definitions, standards, and regulations of this articleor the Zoning Map.The City Planner shall render interpretations as deemed necessary to clarify and carry outthe purposes and regulations of the article, as more particularly set forth in Section 9116of this Chapter.The City Planner shall investigate and submit to the Commission and/or Council, asapplicable, their findings on appeals where it is alleged there is an error or abuse ofdiscretion in any order, requirement, decision, or determination made during theadministration of this article.Section 9112.04. Commission Authority.The Commission’s authority is derived from Article IX of The Charter of the City of Downey.With respect to this article, the Commission shall have the authority and responsibilities describedand illustrated in Chapter 8 of this article and anywhere else the Commission is identified withinthe City of Downey Municipal Code. The Commission’s primary functions are to:(A)(B)(C)Review certain applications and forward recommendations to the Council.Hear and decide appeals of the City Planner or Administrative Official decisions.In certain instances (see Chapter 8), the Commission has the authority to approve,approve with conditions or modifications, or deny certain applications as identified inChapter 8.Section 9112.06. Council Authority.The Council’s authority is derived from Article V of The Charter of the City of Downey. Withrespect to this article, the Council shall have the authority and responsibilities described andillustrated in Chapter 8, and anywhere else the Council is identified within the City of DowneyMunicipal Code as follows:(A)(B)The Council’s primary function is to establish land use policies and regulations and toconsider various project applications and Commission recommendations.The Council has the authority to approve, approve with conditions or modifications, ordisapprove certain applications as identified in Chapter 8.9.1-4

MUNICIPAL CODE ARTICLE IX – LAND USE9114 9116SECTION 9114. EFFECT OF PROVISIONS.(A)Effective DateChapters 1 through 8 of this article shall take effect and be in force 30-days after the dateof adoption.(B)Effect/Scope of ProvisionsThe provisions of this article governing the use of land, buildings, and structures; the sizeof yards abutting buildings and structures; height and bulk of buildings; standards ofperformance; and shall apply to all lands within the City’s jurisdiction.SECTION 9116. INTERPRETATION OF REGULATIONS.(A)Interpretation as Minimum RequirementsThe provisions of this article are held to be the minimum development requirements. TheCommission or Council may require stricter standards for the promotion of the publichealth, safety, comfort, convenience, and general welfare, based upon the specific factsand circumstances of particular development projects.(B)Interpretation DutiesIf ambiguity arises concerning the content or application of this article, it shall be theduty of the City Planner to ascertain all pertinent facts and set forth the finding andinterpretation. Unless such finding and interpretation is appealed to the Commissionpursuant to Section 9806, the City Planner’s interpretation shall thereafter govern.(C)Interpretation of Conflicting Provisions(1) When the regulations contained within this article impose greater restrictionsupon the use or development of buildings or land than are imposed or required byother ordinances, rules, regulations, or by easements, covenants, or agreements,the provisions of the regulations contained within this article shall control.(2) When the regulations contained within this article impose less restriction upon theuse or development of buildings or land than are imposed or required by otherordinances, rules, regulations, or by easements, covenants, or agreements, themore restrictive regulations, shall control.9.1-5

MUNICIPAL CODE ARTICLE IX – LAND USE9118 9122SECTION 9118. VALIDITY AND SEPARABILITY.Should any section or provision of this article be declared by any court to be invalid orunconstitutional, such decision shall not invalidate any other section of this article. All othersections or provisions of this article shall continue to be separate and fully effective, and theapplication of any such section or provision to other persons or situations shall not be affected.SECTION 9120. DEFINITIONS – GENERAL PROVISIONS.For the purposes of this article, certain terms used are herewith defined and shall be construed asdefined in this chapter, unless otherwise expressly stated or the context clearly indicates adifferent intention. Words and phrases used in this article that are not specifically defined shallbe construed according to the context and approved usage of the language, and as ultimatelydetermined by the City Planner.Words used in the present tense shall include the future and the future tense shall include thepresent; words in the singular number shall include the plural number and words in the pluralnumber shall include the singular number. Words indicating one gender include the othergender. The words “shall” and “will” are always mandatory. The words “may” and “can” arepermissive.SECTION 9122. “A” DEFINITIONS.Abated or Abatement: The complete discontinuance of any nonconforming use where nobuilding or structure is involved or the complete discontinuance and removal of a nonconformingbuilding or structure.Abut or Abutting: Having a common border, boundary point, or lot line. Same as “Adjoining”and “Contiguous.”Accessory Living Quarters or Guest House: Living quarters, or other habitable space, withoutany kitchen facilities within a detached accessory building or attached to the main building,located on the same lot as the main building, for use by temporary guests or for the use ofdomestics employed on the premises by the occupants of the lot. An accessory living quarter orguesthouse shall be ancillary to the main dwelling unit, be less than seven hundred (700) squarefeet in size, and shall not contain more than one room plus a bathroom.Accessory Use: A use incidental and subordinate to the principal use of the premises, whichdoes not alter the characteristics of the use considered as a whole and as related to other usespermitted in the same zone.Acre: Forty-three thousand, five hundred sixty (43,560) square feet of land area.9.1-6

MUNICIPAL CODE ARTICLE IX – LAND USE9122 9122Acreage, Gross: The total area of a site including all private and public streets, alleys, etc.,expressed in square feet divided by forty-three thousand, five hundred sixty (43,560) square feet.Acreage, Net: The area remaining on a site, once the square footage for public or private streetsand alleys has been subtracted.ADA: Americans with Disabilities Act of 1990, as it may be amended from time to time.Adjacent: Lying near or close to within one hundred (100) feet, including across a street oralley.Adjoining: See “Abut or Abutting.”Administrative Official of the City: Any department; employee; or advisory, elected, orappointed body that is authorized to administer any provision of this article.Adult Dogs or Cats: Adult dogs or cats shall mean animals of either sex, altered or unaltered,which have reached the age of four (4) months.Affordable Ownership Cost: A sales price that results in average monthly housing costincluding average mortgage loan principal and interest over the term of the loan, mortgageinsurance, property taxes and property assessments, homeowners insurance, homeownersassociation dues, if any, and all other dues and fees assessed as a condition of propertyownership, which does not exceed: (1) thirty (30) percent of thirty (30) percent of area medianincome for extremely low-income households; (2) thirty (30) percent of fifty (50) percent of areamedian income for very low-income households; (3) thirty (30) percent of seventy (70) percentof area median income for lower-income households; and (4) thirty-five (35) percent of onehundred ten (110) percent of area median income for moderate-income households. Areamedian income shall be adjusted for assumed household size based on unit size as follows: one(1) person in a studio unit, two (2) persons in a one (1) bedroom unit, three (3) persons in a two(2) bedroom unit, four (4) persons in a three (3) bedroom unit, five (5) persons in a four (4)bedroom unit, and six (6) persons in a five (5) bedroom unit. The Council, by resolution, shallestablish guidelines for determining affordable ownership cost.Affordable Rent: Monthly rent, including a reasonable allowance for garbage collection, sewer,water, electricity, gas and other heating, and cooking and refrigeration fuels, and all mandatoryfees charged for use of the property, which does not exceed (1) thirty (30) percent of thirty (30)percent of area median income for extremely low-income households; (2) thirty (30) percent offifty (50) percent of area median income for very low-income households; (3) thirty (30) percentof sixty (60) percent of area median income for lower-income households; and (4) thirty (30)percent of one hundred ten (110) percent of area median income for moderate-incomehouseholds. Area median income shall be adjusted for assumed household size based on unitsize as follows: one (1) person in a studio unit, two (2) persons in a one (1) bedroom unit, three(3) persons in a two (2) bedroom unit, four (4) persons in a three (3) bedroom unit, and five (5)9.1-7

MUNICIPAL CODE ARTICLE IX – LAND USE9122 9122persons in a four (4) bedroom unit. The Council, by resolution, shall establish guidelines fordetermining affordable rent.Aircraft: Any contrivance, now known or hereafter invented, for use, or designed for,navigation or flight in the air.Airport: Any area of land or building used, or intended to be used for the landing and taking offof aircraft and any appurtenant areas used, or intended for use, for airport buildings or otherairport facilities or rights-of-way, together with all airport buildings and facilities.Alley: A public right-of-way, other than a street, which affords a secondary means of access toabutting property as determined by the City Engineer.Allowed: Permitted. See “Permitted.”Alternative Transportation: The use of modes of transportation other than the singlepassengermotor vehicle, including, but not limited to, carpools, vanpools, buses, buspools,public transit, walking, and bicycling.Amendment: A change in the terms and provisions of this article or a change in the zoneboundaries or zone classifications upon the Official Zoning Map.Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for thetransmission or reception of electromagnetic waves and shall include devices having activeelements extending in any direction and directional beam-type arrays having elements carried byand disposed from a generally horizontal boom, which may be mounted upon, and rotatablethrough, a vertical mast interconnecting the boom and a support for the antenna.Antenna Tower: Any freestanding structure or device used to support one (1) or more antennasand which is affixed to the ground or any existing structure.Apartment: A room, or combination of rooms, including bathroom and kitchen facilities, in amultiple-unit building and occupied by not more than one (1) family per dwelling unit.Appeal: A request by a project applicant or other qualified individual or agency for a City bodyto modify, reconsider, or reverse a decision rendered by a subordinate City body or City staff.Appellant: Those persons or entities filing appeals, paying fees, where required, and complyingwith procedural requirements in this article to complete an appeal.Applicant: Any person, firm, or corporation requesting approval of any land use, development,or improvement application, or similar entitlement regulated by the Downey Municipal Code.9.1-8

MUNICIPAL CODE ARTICLE IX – LAND USE9122 9122Arcade, Architectural: A roofed passageway orlane, typically with shops located on one (1) or bothsides (see Figure 9.1.1).Arcade, Video Games: Any place or premises thathas within its confines five (5) or more amusementdevices where games or activities requiring skill orchance may be played. This includes but is notlimited to pinball, video games, computers orvirtual reality devices (electronic or not) that are Figure 9.1.1. Arcade, Architeturaloperated by any form of payment or rented forperiods of time. This definition excludes any adult arcade associated with any adult business oradult uses defined in Section 9402.Arcade Movie: Any premises where there is maintained one (1) or more machines, devices,apparatuses, or contrivances designed for individual viewing and used to show still or motionpictures and which is customarily open to the general public. For the purposes of this chapter,“movie arcade” shall not include a theater.Architectural Projection: Any projection which is not intended for occupancy and whichextends beyond the face of an exterior wall of a building, but shall not include signs.Area Median Income: The annual median income for Los Angeles County, adjusted forhousehold size, as published periodically in Title 25, Section 6932, California Code ofRegulations, or an alternative figure as adopted by the Council.Article: Unless otherwise noted, article shall mean Article IX – Land Use, of the DowneyMunicipal Code, which is composed of Chapters 1 through 8 – Zoning (“The ComprehensiveZoning Ordinance of the City of Downey”), and Chapter 9 – Subdivision Regulations.Attendant/Valet Parking: The receiving, parking, and delivering of motor vehicles upon anypremises solely by an employee of the owner or occupant of the premises as a service to thosedesiring to park on such premises.Attraction Board: See “Sign, Changeable Copy.”Automobile or Trailer Sales Area: An open area, other than a street, used for the display, sale,or rental of new or used automobiles or trailers and where no repair work is done, except minorincidental repairs of automobiles and/or trailers to be displayed, rented, or sold on the premises.Automobile Parking Space: An off-street permanently maintained space readily accessible to astreet or alley and so located and arranged to permit parking for a passenger automobile ofaverage size.9.1-9

MUNICIPAL CODE ARTICLE IX – LAND USE9124 9124Automobile Wrecking: The dismantling or wrecking of used motor vehicles or trailers or thestorage, sale, or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles ortheir parts.SECTION 9124. “B” DEFINITIONS.Balcony: An unenclosed area either recessed or projected from the walls of a building.Balconies are thirty (30) inches or more above grade, are attached to and supported primarily bythe exterior wall of the building, are accessible from the building’s interior, and are unenclosedon one (1) or more sides except for a railing or parapet that is not greater than sixty (60) incheshigh. A balcony is not an accessory structure.Balloons: Balloons shall refer to any of the following:(A)(B)Decorative Balloon Displays. Balloon arches, columns, and tethered strings of balloonscomposed of nonmetallic balloons, each individual balloon being twelve (12) inches orless in diameter.Inflatables. Any captive nonmetallic inflatable object such as a balloon larger thantwelve (12) inches in diameter, an inflatable statuary, or a hot air balloon.(1) Ground or roof-mounted balloons or inflatables shall refer to an inflatable objectthat contains air.(2) Tethered balloons or inflatables shall refer to an inflatable object that contains asubstance that is lighter than air.Bar: An alcohol sales establishment where the primary use is the sale and on-site consumptionof alcoholic beverages and where secondary uses may include food service. The premises maycontain a counter upon and over which alcoholic beverages, such as beer, wine, and distilledspirits are served.Basement: That portion of a building between the floor and the ceiling, which is partly belowand partly above grade but so located that the vertical distance from grade to the finished floorlevel below is less than the vertical distance from grade to ceiling, in which case such basementshall be considered a story (see “Cellar”).Billboard: See “Sign, Outdoor Advertising.”Boardinghouse: See “Rooming House.”Buffer Area: A strip of land established to separate incompatible zones or uses.9.1-10

MUNICIPAL CODE ARTICLE IX – LAND USE9124 9124Buildable Area: That portion of a lot which may be occupied by buildings or structures, but notincluding front, side, or rear yards or street setback areas, or the portion of such lot where otherregulations prohibit the occupation of buildings or structures.Building: Any structure built for the support, shelter, or enclosure of persons, animals,belongings, or property of any kind and having a roof supported by columns or walls andattached to the ground.Building, Accessory: A detached building for which use is subordinate to and incidental to thatof the main building on the same lot. The accessory building may include a garage, carport,playhouse, hobby shop, cabana, accessory living quarters or guesthouse, greenhouse, garden toolhouse, and other similar buildings.Building, Enclosed: A building separated on all sides from the abutting open space, or fromother buildings or other structures, by a permanent roof and exterior walls, pierced only bywindows and entrance and exit openings.Building Frontage: That portion of a main building most nearly parallel to a street or parkingarea.Building Height: The vertical distancemeasured from the street curb level to thehighest point of the coping of a flat roof, orto the highest point of a mansard roof, or tothe highest gable of a pitch or a hip roof(see Figure 9.1.2).Building, Main: The principal structureon the property and the building in whichis conducted a principal use of the lot uponwhich it is situated. Every dwelling(except an accessory living quarters, guesthouse, or second unit development) in aresidential zone is a main building.Figure 9.1.2. Building HeightBuilding Site: A land area consisting of one (1) or more parcels of land under commonownership or control, including all yards, parking spaces, and other open spaces required by thischapter.Buspool: A vehicle carrying sixteen (16) or more passengers commuting on a regular basis toand from work with a fixed route, according to a fixed schedule.9.1-11

MUNICIPAL CODE ARTICLE IX – LAND USE9126 9126SECTION 9126. “C” DEFINITIONS.Care and Supervision: Those activities that, if provided, shall require the facility to be licensedby the State. Care and supervision involves non-medical assistance as needed with activities ofdaily living and assumption of varying degrees of responsibility for the safety and well-being ofresidents including assistance in dressing, grooming, and other personal hygiene; assistance withtaking medications; central storage and distribution of medications; and arrangement of andassistance with medical and dental care.Caretaker’s Residence: A dwelling unit located on the premises of an enterprise where theprincipal use is other than residential, and which is occupied by a person who is the owner,proprietor, manager, watch guard, or is otherwise at times in charge of such enterprise.Carpool: A vehicle carrying two (2) to six (6) persons commuting together to and from work.Carport: A permanent roofed structure, having not more than three (3) enclosed sides, used asan automobile shelter. Ancillary enclosed storage areas may be included.Cell Tower (Cell or Cellular Tower): A structure specifically used to support wirelesscommunication facilities.Cell Tower, Disguised (Stealthing): Any wireless communication facility that is designed toblend into the surrounding environment, typically one that is architecturally integrated into abuilding or other concealing tower structure, hereafter referred to as a Cellular Tower.Cemetery: Land used, or intended to be used, for the burial of the dead and dedicated forcemetery purposes, including columbariums, crematoriums, mausoleums, and mortuaries whenoperated in conjunction with, and within the boundary of, such cemetery.Center Line: A line located in the center of the ultimate right-of-way as established by the CityEngineer. In any case in which the City Planner determines this definition is not applicable, theCity Planner shall designate the centerline.CEQA: The California Environmental Quality Act, Public Resources Code Section 21000 etseq. and the California Environmental Quality Act Guidelines, as may be subsequently amendedby the State.Certified Farmers’ Market: An open air (outdoor) market that is certified by the Los AngelesCounty Agricultural Commissioner where certified producers offer for sale only thoseagricultural products they grow themselves, and operated in accordance with regulationsestablished by the California Department of Food and Agriculture, which includes the display ofa valid health permit.9.1-12

MUNICIPAL CODE ARTICLE IX – LAND USE9126 9126Certified Producer: A producer authorized by the Los Angeles County AgriculturalCommissioner to sell certified agricultural products directly to consumers at certifiedfarmer’s markets.Certified Producer’s Certificate: A certificate issued by the Los Angeles CountyAgricultural Commissioner authorizing the transportation and sale of certifiedagricultural products.Chapter: Chapter shall mean a chapter of the Comprehensive Zoning Ordinance of the City ofDowney, which is composed of Chapters 1 through 8 of Article IX – Land Use, of the DowneyMunicipal Code, unless some other chapter or statute is specifically mentioned.Check Cashing: Check cashing is a commercial land use that generally includes some or all ofa variety of financial services including cashing of checks, warrants, drafts, money orders, orother commercial paper serving the same purpose; deferred deposit of personal checks wherebythe check casher refrains from depositing a personal check written by a customer until a specificdate; money transfers; payday advances or payday loans; issuance of money orders; and similaruses. Check cashing does not include a state or federally chartered bank, savings association,credit union, or industrial loan company. Check cashing also does not include a retail sellerengaged primarily in the business of selling consumer goods, including consumables, to retailbuyers that cashes checks or issues money orders for a fee as a service to its customer that isincidental to its main purpose or business.City Planner: The head of the Planning Division of the Community Development Departmentof the City, or their designee charged with theresponsibility for the interpretation and administration ofthe Downey Municipal Code.Clerestory: An upper portion of a wall or structurecontaining windows for supplying natural light to abuilding (see Figure 9.1.3).Clerk: The City Clerk of the City.Figure 9.1.3.Club: A nonprofit association of persons, whether incorporated Clerestory Windowor unincorporated, for some common purpose, but not includinggroups organized primarily to render a service customarily carried on as a business.Collocation or Collocated: The location of multiple commercial wireless antennas which areeither owned or operated by more than one (1) service provider at a single location and mountedto a common supporting structure, wall, or building.Commercial Recreation: Includes, but is not limited to, theaters, sports stadiums and arenas,amusement parks, bowling alleys, billiard parlors, bingo parlors, ice/roller skating rinks, golf9.1-13

MUNICIPAL CODE ARTICLE IX – LAND USE9126 9126courses, miniature golf courses, model courses, shooting galleries, tennis and racquetball courts,amusement centers or arcades, martial arts studios, dance studios and health and fitness clubs, orfacilities equipped and used for sports training and conditioning. Excludes adult entertainmentfacilities.Commercial Wireless Service: Any service providing radio communication service that:(A)(B)(C)Is offered in return for monetary compensation; andIs available to the public or a substantial portion of the public (exclusive of Ham radio orCitizen Band radio signals or other uses found by the Commission to be similar); andProvides subscribers with the ability to access or receive communication from thepublicly switched telephone network.Commercial Wireless Service includes, but is not limited to, paging service, wireless datatransmission, cellular telephone service, specialized mobile radio service, and personalcommunications service.Compensation: A payment to be made directly or indirectly in money, goods, wares,merchandise, labor, or anything else of value.Commission: The Planning Commission of the City.Community Housing/Apartment Project: A community apartment project in which anundivided interest in the land is coupled with the right of exclusive occupancy of any apartmentlocated thereon.Comprehensive Zoning Map: See “Official Zoning Map.”Concessions: See “Development Concession or Incentive.”Conditional Use: Uses that may by permitted, subject to approval of a Conditional Use Permitin accordance with Section 9824. Generally, conditional uses are those uses that have thepotential for particularly sensitive, objectionable operating characteristics, or appearance, whichmay be out of character in a particular zone; of which may make those uses suitable or unsuitablefor a particular site or location.Condominium: An estate in real property consisting of an undivided interest in common in aportion of a parcel of real property, together with a separate interest in space in a residential,industrial, or commercial building on such real property, such as an apartment, office, or store.A condominium may include, in addition, a separate interest in other portions of such realproperty.9.1-14

MUNICIPAL CODE ARTICLE IX – LAND USE9128 9128Condominium Conversion: Applies to the converting of a single lot or building into acondominium, townhouse, stock cooperative, or a community housing/apartment project in anyapplicable zone.Contiguous: The same as “Abut” or “Abutting.”Convalescent Hospital: A State-licensed facility to which persons are admitted for theextended care of an illness or injury, including twenty-four (24) hour nursing care, but excludingany surgical or major diagnostic facility (see “Hospital”). Convalescent hospital shall includenursing homes, rest homes, sanatoriums, and other facilities providing care and supervision, andshall not include senior citizen housing developments, assisted living facilities, or care andsupervision.Council: The City Council of the City.Court or Courtyard: An open, unoccupied space with no roof or cover, other than a requiredfront, side, or rear yard, on the same lot with a building or buildings and which is bounded ontwo (2) or more sides by such building or buildings.COW: A cellular or wireless communication facility on wheels.Cultural Institutions: Institutions displaying or preserving objects of interest in one (1) or moreof the arts or sciences. This classification generally includes libraries, museums and art gallerieswhere displayed objects are not intended for sale.Curb Level: The top level of the established street curb in front of the building measured at thecenter of such building frontage. Where no curb has been established, the City Engineer shallestablish such curb level, or its equivalent, for the purposes of this article.Cyber Café: An establishment that provides five (5) or more computers or other electronicdevices to the public for access to the internet or a local area network (LAN), to email, or toother computer software programs. Cyber cafes shall be synonymous with PC cafés, internetcafés, and cyber centers.SECTION 9128. “D” DEFINITIONS.Day(s), Calendar: Every day shown on the calendar including Sundays and holidays.Day(s), Work: A calendar day except Saturdays, Sundays and City recognized holidays.Day Care Center, Adult: An establishment or facility that provides nonmedical care andsupervision to a person who is eighteen (18) years of age or older, where the care is provided for9.1-15

MUNICIPAL CODE ARTICLE IX – LAND USE9128 9128periods of less than twenty-four (24) hours per day. Does not include residential care facilities,convalescent hospitals, or nursing homes.Day Care Center, Child: Any child day care facility, other than a family day care home, andincludes infant centers, preschools, extended day care facilities, and school age childcare centers.Day Spa: A commercial establishment, other than an adult business or adult use, whichspecializes in the full complement of beauty, health or therapeutic treatments, including, but notlimited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, watertreatments and massage therapy which is open primarily during normal daytime business hoursand without provisions for overnight accommodations.Decorative Masonry Wall: A masonry wall incorporating architectural relief from a flatsurface.Density: Residential dwelling units per net acre.Density Bonus: An increase in the number of dwelling units over the otherwise maximumallowable residential density as established in the Land Use Element of the Downey GeneralPlan in accordance with State law and this article.Density Bonus Program Guidelines: Guidelines adopted by resolution of the City that outlinethe criteria and procedures for implementing density bonuses or other regulations.Density Bonus Units: Those dwelling units allowed pursuant to Section 9512 of this article,which exceed the otherwise allowable maximum residential density for the site.Density, Gross: The total number of dwelling units divided by the total (gross) area of the site.Density, Net: The number of dwelling units per acre of developable land exclusive of (1) publicand private streets and alleys; (2) land designated as open space on the General Plan Land UseDiagram that includes parks, riverbeds, utility easements, and golf courses; and (3) other publicuses.Developer: The person who is responsible for the planning, design, and construction of anapplicable development project. A developer may be responsible for implementing theprovisions of this article as determined by the property owner.Development Concession or Incentive: With regard to density bonus development,development concession or incentive shall mean any of the following:(A)A reduction in site development standards or a modification of Zoning Coderequirements or architectural design requirements which exceed the minimum buildingstandards approved by the State Building Standards Commission of the California Health9.1-16

MUNICIPAL CODE ARTICLE IX – LAND USE9128 9128and Safety Code, including, but not limited to, a reduction in setback and square footagerequirements and in the ratio of vehicular parking spaces that would otherwise berequired.(B)(C)Approval of mixed-use zoning in conjunction with the housing development if commercial,office, industrial, or other land uses will result in reduced cost of the development and arecompatible with the housing development and the existing or planned development in thearea where the proposed housing development will be located.Other regulatory incentives or concessions that result in identifiable cost reductions.Development Plan: A plan for the development and use of a specified parcel or tract of realestate, illustrated by a plat showing the boundaries of such parcel or tract; the location, size,height, and use of all structures; the locations of all vehicular and pedestrian ways, both publicand private; all landscaped areas; and further explained by such specifications, conditions, andlimitations as may be imprinted on the plat or described in a supplement.Domestic Animal: A tame or domesticated animal or household pet that is commonlymaintained in a household, such as adult dogs, cats, birds, rabbits, fish, etc.DRE: The State Department of Real Estate.Drive-In Business: A use where a customer is permitted or encouraged, either by the design ofphysical facilities or by the service and/or packaging procedures offered, to be served whileremaining seated in a vehicle including, but not limited to, drive-through or drive-in food,financial services, automatic or self-serve car washes, businesses which dispense gas and oil asan ancillary use, commercial parking lots, dairy outlet businesses, and all other commercial useswhere business or service is directly to an automobile and/or its occupants.Driveway: Driveway shall mean:(A)(B)On private property, the required paved access way from the street property line to anygarage, carport, parking or loading space, or an approved auxiliary parking area; andIn the public right-of-way, the driveway approach is a required paved access way fromthe curb line to the street property line.Dwelling, Multiple-Family: A building that contains three (3) or more dwelling units that sharecommon walls or floor/ceilings. The land under the building or units is not divided into separatelots. The units may have separate or joint entrances, and typically have common parking andopen space areas.Dwelling, Second: See “Second Unit Development.”9.1-17

MUNICIPAL CODE ARTICLE IX – LAND USE9130 9132Dwelling, Single-Family: A detached residential dwelling unit, designed for occupancy by one(1) family, and may also include housing types described in Government Code Section 65852.Dwelling, Townhouse: An arrangement of single-family dwellings, joined by common walls onnot more than two (2) sides, with the uppermost story being a portion of the same dwellinglocated directly beneath at the grade of the first floor level, and having exclusive individualownership and occupant rights of each dwelling unit, including, but not limited to, the land areadirectly beneath such dwelling.Dwelling, Duplex: A building designed exclusively for occupancy by two (2) families livingindependently of each other and containing two (2) attached dwelling units.Dwelling Unit: One (1) or more rooms arranged or used as living quarters by one (1) family andcontaining one (1) kitchen.SECTION 9130. “E” DEFINITIONS.Elevation (Building): A drawing showing the elements of the exterior of a building as a directprojection to a vertical plane.Employee Parking Area: The portion of total required parking at a development expected to beused by on-site employees.Environmental Assessment: The process of determining the impact of proposed projects on theenvironment. The review process shall be carried out in accordance with the CaliforniaEnvironmental Quality Act, State Environmental Impact Report Guidelines, the City’sEnvironmental Guidelines, and other applicable regulations (see Section 9812).Environmental Impact Report (EIR): A report that describes and analyzes the environmentaleffects of a proposed project pursuant to the California Environmental Quality Act (CEQA).SECTION 9132. “F” DEFINITIONS.Façade: The major width of anyexterior elevation of a building,extending from the grade to the top ofthe parapet wall or eaves, that isparallel to a street property line (seeFigure 9.1.4).9.1-18Figure 9.1.4. Façade

MUNICIPAL CODE ARTICLE IX – LAND USE9132 9132Façade Fascia: That portion of a separate exterior elevation of a building extending from abovethe door or window line to the top of the parapet wall or eave and the entire width of the buildingelevation parallel to the street property line (see Figure 9.1.4).Family: Two (2) or more persons bearing the generic character of, and living together as, arelatively permanent single bona fide housekeeping unit in a domestic relationship based uponbirth, marriage, or other domestic bond of social, economic, and psychological commitment toeach other, as distinguished from a group occupying a boarding house, club, dormitory,fraternity, lodging house, motel, rehabilitation center, rest home, or sorority.Family Day Care Home: A home that regularly provides care, protection, and supervision forfourteen (14) or fewer children, in the provider’s own dwelling, for periods of less than twentyfour(24) hours per day, while the parents or guardians are away and is either a large family daycare home or a small family day care home.(A)Large Family Day Care Home means a home that provides family day care for nine (9) tofourteen (14) children, inclusive, including children under the age of ten (10) years whoreside at the home.(B) Small Family Day Care Home means a home that provides family day care for eight (8)or fewer children, inclusive, including children under the age of ten (10) years who resideat the home.Financial Services: A commercial land useinvolved with the exchange of money and servicesrelated to the financial system. Financial servicesdo not include “Check Cashing.”Floor Area: The total area of all floors containedwithin the exterior walls of all buildings on a lot orparcel of land.Floor Area Ratio (FAR): The floor area ofbuilding(s) on a lot (including garages) divided bythe lot area. A basement (where more than fifty(50) percent of the volume of the room is belowgrade) is exempted from the requirements limitingthe floor area ratio (see Figure 9.1.5).Fortune Telling: Fortune telling shall includeastrology, palmistry, phrenology, lifereading,fortune telling, cartomancy, clairvoyance,clairaudience, crystal gazing, mediumship, spiritphotography, spirit writing, spirit voices, spiritFigure 9.1.5. Floor Area Ratio9.1-19

MUNICIPAL CODE ARTICLE IX – LAND USE9134 9136materialization, etherealization, prophecy, writing analysis, or other similar business or act.Freeway: A highway to which the owners of abutting lands have no right of ingress or egressfrom their properties. Freeway shall include interchange roadways connecting one (1) freewaywith another and ingress and egress ramps connecting the freeway with other streets, but shallnot include frontage streets.SECTION 9134. “G” DEFINITIONS.Gable, Roof: The generally triangular section of wall at the end of a pitched roof, occupying thespace between the two (2) slopes of the roof. See, “Roof, Gabled.”Garage, Private: A fully enclosed detached accessory building or portion of a main building,enclosed on all four (4) sides and designed and used for the shelter or storage of automobiles,which provides the required off-street automobile storage space for the occupants of thepremises.Garage, Public: A building other than a private garage used for the care, storage, repair, orequipping of automobiles or where such vehicles are kept for remuneration, hire, or sale.General Plan: The General Plan of the City of Downey adopted by the Council.Grade: The average of the finished grade at the center of each wall of a building or structureprovided, however, where walls are parallel to and within five (5) feet of a sidewalk or curb, thegrade shall be measured at the sidewalk or curb level.Grade, Finished: The completed paved or graded elevation of a lot.Green Roof: An engineered roofing system that allows for the propagation of rooftopvegetation while maintaining the integrity of the underlying roof structure and membrane, for thepurpose of retention of storm water, landscaping, or energy conservation.Ground Mounted: Mounted to a pole, lattice tower, or other freestanding structure that isspecifically constructed for supporting a wireless communication service antenna.Guest House: See “Accessory Living Quarters.”SECTION 9136. “H” DEFINITIONS.Hedge: A series of plants, shrubs, or other landscape materials so placed to form a physicalbarrier or enclosure.9.1-20

MUNICIPAL CODE ARTICLE IX – LAND USE9138 9142Height, Building: See “Building Height.”Hip, Roof: The external angle formed by the meeting of two (2) sloping sides or skirts of a roof,which have their wall plates running in different directions. See “Roof, Hipped.”Home Occupation: Any occupation conducted in the main building on a lot by a member of afamily residing therein as an incidental use in connection with the primary residential use.Home Owner’s Association: A corporation constituted to regulate common ownership areasowned by a group of owners of units in a condominium, planned development, townhouse, stockcooperative, or community apartment association.Hospital: A State-licensed facility to which persons are admitted for overnight stay or longerfor the diagnosis, care, or treatment of illness and injury or the prevention thereof, not includingconvalescent homes, sanitariums, and nursing homes.Hotel: Any building containing individual rooms or suites of rooms, with or without kitchens,intended or designed to be used, or which are used, rented, or hired out to be occupied, or whichare occupied, for sleeping purposes by guests, on a transient basis, for compensation for a periodof no more than one hundred twenty (120) consecutive days.Hydrozones: A distinct grouping of plants with similar water needs and climatic requirements.SECTION 9138. “I” DEFINITIONS.Incentives, Density Bonus: See “Development Concession or Incentive.”SECTION 9140. “J” DEFINITIONS.Junk Yard: The use of more than two hundred (200) square feet of the area of any lot for thestorage of junk, including scrap metals or other scrap materials.SECTION 9142. “K” DEFINITIONS.Kennel: A place where four (4) or more adult dogs or cats are kept, whether by their owners orby persons providing facilities and care for compensation.Kiosk, Permanent: A freestanding structure with a foundation located on private property notexceeding a maximum size of one hundred (100) square feet and compatible in design with otherexisting uses and buildings in the vicinity. Operated for the purpose of vending food, drink, orretail goods or services.9.1-21

MUNICIPAL CODE ARTICLE IX – LAND USE9144 9144Kiosk, Temporary or Semi-Permanent: A freestanding, temporary or semi-permanentstructure having one (1) or more open air sides, operating on either private property or publicrights-of-way and plazas, not exceeding a maximum of sixty (60) square feet and compatible indesign with other existing uses and buildings in the vicinity. Operated for the purpose ofvending food, drink, or retail goods.Kitchen: Any room or space used, intended, or designed to be used for cooking or thepreparation of food, except facilities incidental to barbecues. Kitchens shall include kitchenettes.SECTION 9144. “L” DEFINITIONS.Laboratories: Establishments providing medical or dental laboratory services or establishmentsproviding photographic, analytical or testing services.Landscaping: The planting and maintenance of a combination of live plant materials to includenative or exotic trees, groundcover, shrubs, vines, flowers, and lawn.Landscaping, Drought Tolerant: Landscaping characterized by the use of vegetation that isdrought tolerant or requires low water use.Landscape-Recreation Area: A usable area developed with a combination of landscaping andrecreation facilities. Recreation facilities may consist of swimming pools, recreation rooms,game areas, benches, walks, putting greens, and other active and passive interior or exteriorrecreation facilities and may include private balconies. Landscape-recreation areas shall be inaddition to the side yard on corner lots abutting a street and the front yards required by thischapter.Lattice Tower: A structure with three (3) or four (4) legs used to support wirelesscommunication service antennas.Laundry or Dry Cleaning, Limited: An establishment to dry clean and/or wash and dryclothes and other fabrics brought in and carried away by the customer. This includes self-serviceor coin-operated facilities.Laundry, Unlimited: An establishment where large quantities of clothes and other fabrics arewashed and/or ironed or dry-cleaned but are collected and delivered primarily by laundryemployees. Excludes laundries or limited dry cleaning.Live-Work Units: A commercial unit designed and intended to function as a work and livingspace for the person(s) (business operators or their employees and their households) who residethere and where the residential use is secondary or accessory to the primary use as a place ofwork. A live-work unit has adequate working space available for and is regularly used by theperson(s) residing in the live-work unit and one (1) or more rooms with cooking and sanitation9.1-22

MUNICIPAL CODE ARTICLE IX – LAND USE9144 9144facilities in conformance with building code and disabled access (A.D.A. and State of CaliforniaTitle 24) requirements.Loading Space, Off-Street: An off-street space on the same lot with a use or building, for thetemporary parking of a vehicle while loading or unloading merchandise or materials.Logo: A registered, copyrighted, or certified trademark or service mark representing the business.Lot: A contiguous quantity or parcel of land in the possession of, or owned by, or recorded asthe property of the same claimant or person, and shall further mean:(A)(B)(C)(D)A parcel of real property when shown as a delineated parcel of land with a number orother designation on a tract or plat recorded in the office of the County Recorder; orA parcel of land, the dimensions and boundaries of which are defined by a record ofsurvey recorded pursuant to the provisions of the Subdivision Map Act of the State in theoffice of the County Recorder.Where contiguous parcels of land in the same ownership are legally described anddeveloped as permitted by this Code, such individual parcels shall be considered asseparate lots.A lot is also defined as a plot or parcel of land.Lot Area: The total area within the boundary lines of a lot, excluding any area dedicated forpublic or private streets and alleys.Lot, Corner: A lot situated at the intersection of two (2) or more streets that has an interiorangle of intersection of not more than one hundred thirty-five (135) degrees (see Figure9.1.6).The front yard of the corner lot shall adjoin the shortest street property line. Where streetproperty lines are substantially the same length, the City Planner shall determine the location ofthe front yard.9.1-23

MUNICIPAL CODE ARTICLE IX – LAND USE9144 9144Figure 9.1.6. Lot TypesLot Coverage: The percentage of the lot area covered by a structure or building, including allaccessory buildings (see Figure 9.1.7).Lot, Cul-de-Sac: A lot fronting on, or with more than one-half (½) of its lot frontage on, theturnaround end of a cul-de-sac street.Lot Depth: The horizontal distance between thefront and rear lot lines as measured by the averagelength of the side lot lines.Lot, Double Frontage: A lot having separatefront yards on two (2) parallel or approximatelyparallel streets (see Figure 9.1.6).Lot, Flag: A lot generally shaped like a flag; thestaff is a narrow strip of land providing vehicularand pedestrian access to a street, with the bulk ofthe property lying to the rear of other lots (seeFigure 9.1.6).Lot, Interior: A lot other than a corner lot (seeFigure 9.1.6).Lot Line: The boundary line of a lot.Figure 9.1.7. Lot Coverage9.1-24

MUNICIPAL CODE ARTICLE IX – LAND USE9144 9144Lot Line, Front: The street line in the case of an interior lot; in the case of a corner lot, thestreet line separating the narrowest street frontage of the lot from the street; and in the case of athrough lot, each street line shall be a front lot line (see Figure 9.1.8).Figure 9.1.8. Lot LinesLot Line, Rear: A lot line which is opposite, most distant from, and most nearly parallel to thefront lot line (see Figure 9.1.8).Lot Line, Side: Any lot line not a front lot line or rear lot line (see Figure 9.1.8).Lot of Record: A lot as shown in the records of the County Recorder on the date ofincorporation.Lot, Through: See “Lot, Double Frontage.”Lot Width: The horizontal distance of the front lot line. In the case of a lot having a curved orirregular shape at the front lot line, the lot width may be measured at the front setback linerequired by the zone in which the lot is located.Lower-Income Household: Households with an annual income that does not exceed the UnitedStates Department of Housing and Urban Development’s annual determination for lower-incomehouseholds with incomes of eighty (80) percent of area median income, adjusted for householdsize.9.1-25

MUNICIPAL CODE ARTICLE IX – LAND USE9146 9146SECTION 9146. “M” DEFINITIONS.Main Building or Structure: See “Building, Main.”Manufactured Home: See “Mobile Home/Manufactured Home.”Marquee: A permanent roofed structure attached to, and supported by, a building and whichprojects over setback areas or public rights-of-way.Masonry Wall: A wall constructed with concrete block, bricks, or stone.Massage Therapy Establishment: An establishment offering massage, acupressure, alcoholrub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of thehuman body, unless such treatment or manipulation is administered by a medical practitioner,chiropractor, acupuncturist, physical therapist or similar professional person licensed by the stateas part of a medical clinic. This definition excludes a gymnasium/health and fitness center,school, barber/beauty shop, or similar establishment where massage or similar manipulation ofthe human body is offered by an individual as an incidental or accessory service and does notoccupy more than twenty-five (25) percent of the area of the establishment. This definition alsospecifically excludes Adult Massage Services as defined in Section 9402.Mezzanine: An intermediate floor just above the ground floor; it often has a low ceiling andprojects in the form of a balcony, and does not exceed one-third of the floor area of the room orspace in which they are located.Mixed-Use Building: A structure containing bothresidential and commercial uses (which may includeretail, restaurants, offices, services, and similar usesdeemed compatible with residential uses). Thecommercial use or uses are typically located on theground floor of the structure with the residentialdwellings predominantly located on the second orhigher floors (see Figure 9.1.9).Figure 9.1.9. Mixed-Use DevelopmentMixed-Use Development: A project with both residential and nonresidential uses located on thesame lot or site (see Figure 9.1.9).Mobile Home - See “Mobile Home/Manufactured Home.”Mobile Home/Manufactured Home: A mobile home or manufactured home is transportable inone (1) or more sections, is eight (8) body feet or more in width, or forty (40) body feet or morein length, in the traveling mode, or, when erected on-site, is three hundred twenty (320) or moresquare feet, is built on a permanent chassis and designed to be used as a single-family dwellingwith or without a foundation when connected to the required utilities, and includes the plumbing,9.1-26

MUNICIPAL CODE ARTICLE IX – LAND USE9148 9148heating, air conditioning, and electrical systems contained therein. For the purposes of thisdefinition, mobile homes are structures constructed prior to June 15, 1976, and manufacturedhomes are structures constructed on or after June 15, 1976.Mobile Home/Manufactured Home Park: Any lot or series of contiguous lots on which two(2) or more mobile homes or manufactured homes are located and on which homes are beingused for living and/or sleeping purposes.Moderate-Income Household: Households with an annual income that does not exceed theUnited States Department of Housing and Urban Development’s annual determination formoderate-income households with incomes of one hundred twenty (120) percent of area medianincome, adjusted for household size.Modular Home: See “Manufactured Housing.”Monopole: A single poled structure used to support wireless communication service antennas.Motel: A group of attached or detached buildings containing individual sleeping rooms, withoutkitchens, for the temporary use of automobile tourists or transients for a period of not more thanone hundred twenty (120) consecutive days and shall include auto courts, motor lodges, andtourist courts.(A)(B)(C)Manager Unit – is a private living area, to be used exclusively by a manager and his/herfamily, which may contain such areas as a living area, kitchen, bedrooms, and bathrooms.This unit may also contain or directly adjoin a reception area for guest registration andthe conducting of motel business.Kitchenettes – are facilities available for the preparation of snacks, food, limited meals,etc. Such areas include, but are not limited to, ovens, hot plates, microwave ovens, andany other similar equipment designed for the storage and preparation of food or meals.Guest Unit – is a facility designed to provide a temporary shelter for travelers. The unitmay consist of sleeping and bath facilities, and sitting areas.Multi-Tenant Complex: Any combination of two (2) or more separately owned and operatedbusinesses established on a single or commonly owned contiguous parcel of land, or that sharecommon driveways for ingress/egress, or share five (5) or more off-street parking spaces.SECTION 9148. “N” DEFINITIONS.Net Site Area: See “Lot Area.”9.1-27

MUNICIPAL CODE ARTICLE IX – LAND USE9150 9150Nonconforming Building: A building or portion thereof which was lawfully erected or alteredand maintained but which, because of the application of this article to it, no longer conforms tothe regulations set forth in this article applicable to the zone in which such building is located.Nonconforming Structure: A structure or portion thereof which was lawfully erected or alteredand maintained but which, because of the application of this article to it, no longer conforms tothe regulations set forth in this article applicable to the zone in which such structure is located.Nonconforming Use: A use which was lawfully established and maintained but which, becauseof the application of this article to it, no longer conforms to the use regulations set forth in thisarticle applicable to the zone in which such use is located.Nonrestricted Units: With regard to density bonus development, all dwelling units within aresidential development excluding the target units.Nuisance: Anything that interferes with the use or comfortable enjoyment of property or life orwhich is offensive to the senses.SECTION 9150. “O” DEFINITIONS.Occupancy, Change Of: A discontinuance of an existing use and the substitution of a use of adifferent kind or class.Office, Business and Professional: Offices or firms or organizations providing professional,executive, management or administrative services, such as accounting, architectural, engineering,real estate, insurance, investment, legal, psychological and medical/dental laboratories incidentalto an office use. Excludes banks, savings and loan associations and other similar financialinstitutions and dental and medical offices.Office, Financial: See “Financial Services.”Office, Medical and Dental: Offices and clinics used for the practice of medicine, chiropractic,dentistry, optometry, podiatry, and various forms of physical therapy. Excludes the overnightcare of a patient.Official Zoning Map: The maps delineating the locations and boundaries of zones as describedin this article, and shall include such other maps and amendments as may hereafter be adopted inaccordance with the provisions of this article, which maps are a part of this article when adoptedby ordinance passed by the Council in the manner prescribed by law.Opaque Wall or Fence: A fence designed to prevent all vision through to the other side.9.1-28

MUNICIPAL CODE ARTICLE IX – LAND USE9152 9152Open Space: Land areas that are not occupied by buildings, structures, parking areas,driveways, streets, or alleys. Open space may include land areas occupied by buildings orstructures specifically designed for recreation purposes such as swimming pools and recreationbuildings.Open Space, Common: Open space reserved primarily for the enjoyment and recreational useof all residents of a residential development, such as a Planned Unit Development,condominium, or mixed-use development, and owned and maintained by all residents, generallythrough a homeowner’s association.Open Space, Private: Open space located adjacent to, and directly accessible from the livingroom, family room, kitchen or dining room of an individual dwelling unit that is designed,maintained, and reserved exclusively for the use of the residents of said unit.Open Space, Usable: An open area or recreational facility that is designed and intended to beused for outdoor living and/or recreation.Ornamental Fence: A fence, such as a wrought iron or other formed materials. Ornamentalfence does not include chain link, woven wire, and similar products.Overlay Zone: A certain portion of the City where regulations relating to specificenvironmental, physical, or other characteristics (e.g., locational, economic, historical) areimposed in addition to those of the base zone covering the land in question.SECTION 9152. “P” DEFINITIONS.Parapet: A low protective wall along the edge of a raised structure such as a roof or balcony.Parcel of Land: Parcel of land shall mean the same as lot.Park and Recreation Facilities - Noncommercial parks, playgrounds, recreation facilities, andopen spaces.Parking Assessment District: An assessment district formed pursuant to the Parking DistrictLaw of 1943 of the State.Patio, Enclosed: A level, paved or decked area directly abutting a principal building that isenclosed on all sides whose principal use shall be for outdoor entertaining or recreation. A patiois not used as a habitable room or as a parking space for vehicles.Patio, Open: A level, paved or decked area directly abutting a principal building open on one(1) or more sides, which may be covered or uncovered, whose principal use shall be for outdoor9.1-29

MUNICIPAL CODE ARTICLE IX – LAND USE9152 9152entertaining or recreation. A patio is not used as a habitable room or as a parking space forvehicles.Paving: A solid concrete, tile, or brick surface that serves as a covering for pedestrian/vehiculartravel.Pedestrian-Oriented or Pedestrian-Friendly: Development that is designed with a primaryemphasis on the street sidewalk and facilitating pedestrian access to the site and building ratherthan on auto access and parking areas. Buildings in such developments are generally placedclose to the street and the main entrance is oriented to the street sidewalk. There are generallywindows and display areas along the street façades of building and outdoor areas (such as plazas)that are oriented to pedestrians. Although buildings and parking areas may be provided, they arenot emphasized in the design of buildings.Pedestrian-Scaled: Designed to be accessible to pedestrians, as opposed to automobiles.Permeable Paving: A paving material that permits water penetration to a soil depth of eighteen(18) inches or more, including non-porous surface material poured or lain in sections notexceeding one (1) square foot in area and collectively comprising less than two-thirds (2/3) ofthe total surface area of the lot and loosely laid materials such as crushed stone or gravel.Permit: A document issued by the City pursuant to the provisions of this article authorizingspecific activities, uses, or structures together with the conditions upon which such permit isissued, and the plans, specifications, reports, and approved modifications pertaining thereto.Permitted: Refers to a use or structure that is allowed without the requirement for approval of adiscretionary permit. However, some permitted uses and structures may require approval ofnondiscretionary permits, such as Site Plan Review, Temporary Use permits, Home Occupationpermits, Special Event permits, building permits, etc.Person: See Section 1314 of Article I of the Downey Municipal Code.Personal Improvement Services: Services or facilities including, but not limited to, music orphotography lessons, fine arts, crafts, driving schools (excludes truck driving schools),and dietcenters.Personal Services: A commercial land use providing recurrently needed services of a personalnature. Personal services generally include barbershops, beauty and nail salons (includingpermanent cosmetic facial shading), seamstresses, tailors, shoe repair shops, photo processing,and photographic studios.Place of Public Assembly: Any place designed for, or used for, the congregation or gatheringof twenty (20) or more persons in one (1) room where such gathering is of a public nature.9.1-30

MUNICIPAL CODE ARTICLE IX – LAND USE9152 9152Assembly hall, church, auditorium, recreational hall, pavilion, place of amusement, dance hall,opera house, motion picture theater, outdoor theater, and theater are included in this definition.Planned Unit Development: A tract of land that is developed as an integrated unit under singleownership or control.Plot Plan: A scaled drawing of a lot and the adjacent and surrounding areas, showing the useand location of all existing and proposed buildings, structures,and improvements.Porte Cochere: A roofed space, open on three (3) or more sides,and attached to the side of a dwelling or building, for the loadingor unloading of passenger cars (see Figure 9.1.10).Prefabricated Housing: A single-family dwelling that is factoryfabricated, built in one (1) or more sections, complies with Figure 9.1.10. Porte Cochereregulations adopted by the State of California Department ofHousing and Community Development, and designed to be transported and affixed to apermanent foundation on the site and meets building codes.Preferential Parking: Parking spaces designated or assigned, through use of a sign or paintedspace markings, for carpool and vanpool vehicles carrying commuter passengers on a regularbasis that are provided in a location more convenient to a place of employment than parkingspaces provided for employees’ single-occupant vehicles.Premises: Any portion of any lot and any portion of any building or structure contained thereon.Prevailing Setback: See “Setback, Prevailing.”Principal Structure: The primary structure(s) within which is conducted the principal use ofthe lot.Principal Use: The primary and predominate use on any lot.Public Uses: A class of uses generally open to the public and maintained and supported bypublic or nonprofit agencies or organizations and which are of a recreational, civic, educational,religious, institutional or cultural nature.Public Utility: Any entity authorized under regulation by the Public Utilities Commission tofurnish electricity, gas, telephone, cable, high speed internet, telegraph, transportation, water, orpetroleum products.9.1-31

MUNICIPAL CODE ARTICLE IX – LAND USE9154 9156SECTION 9154. “Q” DEFINITIONS.Qualified Resident: A person, other than a senior citizen, who resides in a senior citizenhousing development and who meets requirements (A) and (B), or (C):(A)(B)(C)Is a spouse, cohabitant, or person providing primary physical or economic support to thequalifying senior citizen;Was residing with the senior citizen prior to the death, hospitalization, or other prolongedabsence of, or the dissolution of marriage with, a resident senior citizen;Is a resident manager or caretaker or a member of that manager or caretaker’s family.Qualifying Residents: With regard to density bonus development, persons eligible to reside insenior housing as defined in California Civil Code Section 51.3.SECTION 9156. “R” DEFINITIONS.Racing/Homing Sport Pigeon: A pigeon, which is from the family of Columbidae, that can beidentified by a numbered leg band, issued by a recognized National or State Pigeon Organizationor other organization recognized by the City, that has been trained or is in the process of beingtrained or is in the process of being trained to habitat in a given loft, which is not raised or keptfor commercial purposes.Recreational Vehicle: A camp car, truck pickup camper, truck-mounted camper, converted busor van, motor home, travel trailer, tent trailer, or boat designed for human habitation forrecreational or emergency occupancy, with a living area of less than five hundred (500) squarefeet, excluding built-in equipment, such as wardrobes, closets, cabinets, kitchen units, baths,bathrooms, and driver’s areas, which vehicle may be moved upon the public highway without aspecial permit or chauffeur’s license. Recreational vehicle shall also include boats, boat trailers,dune buggies, and off-road vehicles.Recreational Vehicle Storage Lot: Any area or tract of land where one (1) or more lots arerented, leased, or held out for rent or lease to owners or users of recreational vehicles or tents usedfor travel or recreational purposes and which are occupied on a temporary and transient basis.Residential Care Facility, Large - Same as a small residential care facility, but serving seven(7) to fourteen (14) persons under the age of eighteen (18) years or over the age of sixty (60) orfor persons who have a disability as defined herein.Residential Care Facility, Small - Residential facilities approved and licensed by the State in asingle-family dwelling in which group care, supervision and/or assistance are provided for amaximum of six (6) persons under the age of eighteen (18) years or over the age of sixty (60) or9.1-32

MUNICIPAL CODE ARTICLE IX – LAND USE9156 9156for persons who have a disability as defined herein. Excludes family day care, foster care or anymedical services, including nursing services, beyond that required by the residents of the facilityfor sustaining the activities of daily living. Examples of residential care facilities include, but arenot limited to, facilities for the following:(A) Developmentally or mentally disabled;(B) Substance abuse recovery;(C) Dependent and neglected children;(D) Physically disabled; or(E) Wards of the court.Residential Development Density Bonus: With regard to density bonus development, anyproject requiring any Specific Plan, Development Agreement, Planned Unit DevelopmentPermit, Tentative Map, Minor Subdivision, Conditional Use Permit, site plan review, or BuildingPermit, for which a development review application has been submitted to the City, and whichwould create five (5) or more additional dwelling units by construction or alteration of structures,not including conversion of existing dwelling units to condominiums.Residential Zone: The R-1, R-2, R-3, and R-3-O Zones.Retail Sales, New: The on-site sale of new merchandise, which is open to the general public,not specifically listed under another use classification. This classification includes, but is notlimited to, department stores, grocery stores, book stores, clothing stores, candy stores, furniturestores, businesses retailing toys, hobby materials, handcrafted items, shoe stores, jewelry,cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sportinggoods, kitchen utensils, hardware, home improvement, appliances, antiques, art supplies andservices, paint and wallpaper carpeting and floor covering, office supplies, bicycles and newautomotive parts and accessories (excludes service and installation).Retail Sales, Used: The on-site sale of used merchandise that has previously been owned byanother individual or party, which is open to the general public, not specifically listed underanother use classification. This classification includes, but is not limited to, used merchandisefor sale in secondhand stores, thrift stores, consignment stores, pawnshops, and/or E-bay stores.Right-of-Way: An area or strip of land, either public or private, on which a right of surfacepassage has been recorded. Thus, the right-of-way shall include a public right-of-way, acommon lot containing a private street, or other public or private right of surface passageconsistent with this definition.Right-of-Way, Ultimate: The ultimate right-of-way is the required width of any street orhighway, determined by the City Engineer, as shown on the maps on file in the office of the CityEngineer, or as shown on a Master Plan of Street and Highways approved by the Council, or asshown in the General Plan (Figure 9.1.11).9.1-33

MUNICIPAL CODE ARTICLE IX – LAND USE9156 9156Roof: A structural covering over any portion of a building or structure, including projectionsbeyond the walls or support of the building or structure, which is permanently attached.Roof, Flat: A roof nearly horizontal and level (see Figure 9.1.12).Roof, Gabled: A pitched roof having a gable at each end (see Figure 9.1.12).Roof, Gambrel: A ridged roof withtwo (2) slopes on either side, the lowerslope having the steeper pitch. It isoften flared beyond the front and rearof the dwelling forming a deepoverhang (see Figure 9.1.12).Figure 9.1.11. Right-of-Way, UltimateRoof, Hipped: A hipped (or hip) roofslopes down to the eaves on all four (4)sides. Although a hipped roof is notgabled, it may have dormers orconnecting wings with gables (seeFigure 9.1.12).Figure 9.1.12. Roof TypesRoof, Mansard: A mansard roof has two (2) slopes on each of the four (4) sides. The lowerslope is steeper than the upper slope. Dormers are often set in the lower slope. The upper slopeis usually not visible from the ground (see Figure 9.1.12).Roof-Mounted: Wireless communication service antennas that are mounted on any structurethat is not specifically constructed for supporting antennae, in any manner that does not satisfythe definition of “wall mounted.”Rooming House: Any building with not more than five (5) individual rooms where, forcompensation for definite periods, lodging, lodging and meals, or meals are provided for not9.1-34

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158exceeding six (6) persons and shall include boardinghouses and lodging houses, but shall notinclude hospitals, rest homes, senior citizen housing developments, or sanitariums. Any numberof individual rooms over five (5) shall be considered a motel.SECTION 9158. “S” DEFINITIONS.Satellite Dish Antenna (Parabolic Dish Antenna): Any fixed disc or similar configuration thatis designed for the purpose of reception or transmission of television communications relayedfrom earth orbiting satellites.School, Elementary, Middle or Junior High, and High School: An institution of learningwhich offers instruction in the several branches of learning and study required to be taught in thepublic schools by the Education Code of the State.Second Unit Development: A subordinate dwelling unit having separate living, sleeping,eating, cooking, and sanitation facilities independent of the principal dwelling on the same lot.The second unit may be attached to or detached from an existing single-family principaldwelling, which is not intended for sale but may be rented.Section: A section of this article, unless some other section, article, or statute is specificallymentioned.Self Storage: See “Storage, Self.”Senior Citizen: A person sixty-two (62) years of age or older or, in a senior citizen housingdevelopment of at least one hundred fifty (150) dwelling units, a person fifty-five (55) years ofage or older.Senior Citizen Apartment Project: With regard to density bonus development, a residentialdevelopment of thirty-five (35) dwelling units or more designed for permanent residency byqualifying residents in accordance with California Civil Code Section 51.3. This definitionpertains to the density bonus allowed for senior housing units allowed in accordance with theState Density Bonus provisions, and includes mobile home parks.Senior Citizen Housing Development: Residential development consisting of at least five (5)dwelling units that are developed or substantially rehabilitated or renovated to the provisions ofSection 9418 of this article. Senior citizen housing developments do not include those facilitiesproviding medical care or “care and supervision” as defined by this article.Service Station: The use of any lot or land in the City, or portion thereof, which provides theservices set forth in Section 9404 of this article for motor vehicles.9.1-35

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Setback Line, Front: The line that defines the depth of the required front yard. Said setbackline shall be parallel with the street line or the line established by the General Plan, and beremoved therefrom by the perpendicular distance prescribed for the front yard in the zone (seeFigure 9.1.13).Setback Line, Rear or Side: The line that defines thewidth or depth of the required rear or side yard. Saidsetback line shall be parallel with the property line,removed therefrom by the perpendicular distanceprescribed for the yard in the zone. Where the side or rearyard abuts a street, the distance shall be measured as setforth in “setback line, front” (see Figure 9.1.13).Setback, Prevailing: Where an existing development,structure, or use has an established front or street sidesetback greater than the setback required by this chapter,the prevailing setback is the front setback line determinedby the shortest setback of the two (2) adjacent propertieson both sides of the subject property, located on the sameside of the street. If the subject property is a corner lot,the prevailing setback is determined by the shortest frontsetback line of the two adjacent properties located on thesame side of the street (see Figure 9.1.14).Setback, Street side: On a lot that abuts two (2) or morestreets at their intersection, the line that defines the widthof the required side yard on the street side. Said setbackline shall be parallel with the street line, removed therefromby the perpendicular distance prescribed for the yard in thezone. (see Figure 9.1.13).Figure 9.1.13. Setback Types9.1-36

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Figure 9.1.14. Prevailing SetbacksShopping Center, Major-Regional: A group of commercial establishments planned,developed, owned, or managed as a unit consisting of not less than twenty (20) acres; related inlocation, size, and type of shops to the trade area that the unit serves; and providing on-siteparking in definite relationship to the types and sizes of stores.Screen Planting: Landscaping, at least thirty (30) inches high, designed to screen or otherwisehide from view certain elements of development, such as parking lots, utility structures, and thelike.Sign: Any device designed to inform or attract the attention of persons not on the premises onwhich the sign is located as follows (refer to Chapter 6 of this article for sign illustrations):(A)Any structure, board, fence, card, cloth, paper, metal, wooden, plastic, painted, printed, orlighted structure of any character used for outdoor advertising purposes or any structure9.1-37

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158upon which any advertisement is shown, or whereon any poster, bill, printing, painting,device, or other advertising matter of any kind whatsoever may be attached or painted,whether placed on the ground or on shrubbery, rocks, fences, walls, buildings, or othermaterials or structures.(B)(C)The previous definition is intended to include, as well as all other structures andadvertising media therein set forth, billboards, outdoor advertising, flags, posters,displays, and signs, whether ground, projecting, roof, wall, or banner.Works of art shall include, but not be limited to, murals, structures, paintings, mosaics,photographs, and statues depicting ideological expression, and which in no way refer tothe business at which such work of art is located.Sign, Abandoned: Any sign or support structure which for a period of one hundred eighty (180)days has been unused and which no longer fulfills the purpose for which it was constructed.Sign, Area: The entire surface area of a sign including nonstructural trim, but excludingsupports, uprights, or structures upon which the sign is supported, as detailed in Section 9616.Sign, Background Area: The entire background area of a sign upon which copy could beplaced.Sign, Banner: A nonpermanent sign composed of fabric, pliable plastic, paper, or other lightmaterial not enclosed in a rigid frame or secured or mounted so as to allow movement by theatmosphere to cause movement of the sign, including flags, streamers, and pennants.Sign, Billboard: See “Sign, Outdoor Advertising.”Sign, Changeable Copy: Sign in which the copy/text may be changed or rearranged withoutaltering the face or the surface of the sign, and which may be rearranged manually, mechanically,or electronically. The display of time and temperature information is not considered achangeable copy sign.Sign, Construction: A temporary sign during a period of construction stating the type orpurpose for which the building is proposed and may include the name, address, and telephonenumber of businesses directly related to the construction project.Sign, Copy: Any word, letter, number, figure, picture, design, or other representationincorporated into a sign to convey a message and to attract attention to the subject matter.Sign, Copy Area of: The actual area of sign copy applied to any background.Sign, Copy Change and/or Text Change: The change of an existing message within theexisting legal sign.9.1-38

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Sign, Directional: On-premise signs designed to guide or direct pedestrian or vehicular traffic.Sign, Freestanding: Any sign supported wholly by uprights or braces placed in or upon theground, including poster panels and painted bulletins.Sign, Hazardous: Any sign so located as to constitute a hazard to the safe and free flow oftraffic by obstructing or restricting the vision of drivers or motor vehicles on a public highway ordrivers entering a public highway from a private road easement or driveway.Sign, Height: The height of signs shall be measured from the finished grade to the top of thesign including any element thereof. The finished grade of a bermed sign with a maximum of a2:1 slope shall be measured from the crest of the berm. For half-berms or berms with greaterthan 2:1 slopes, the finished grade shall mean the average of the finished grade at the center signstructure, provided where the sign is parallel to and within five (5) feet of a sidewalk, or curb, thegrade shall be measured at the sidewalk or curb level.Sign, Holiday Decorations: The use of decorations, displays, or other materials which may notcomply with the requirements of this article, but may be used for the purposes of recognizingtraditional holidays, such as, but not limited to, Easter, July 4 th , Halloween, Thanksgiving, andChristmas.Sign, Illegal: Any sign installed or constructed without proper approval and/or permits asrequired by this article or any nonconforming sign that has exceeded its authorized amortizationperiod.Sign, Illuminated: A sign in which a source of light is used to make the copy readable. Thisdefinition shall include internally and externally lighted signs and reflectorized, glowing, orradiating signs.Sign, Indirectly Illuminated: A sign illuminated with a light directed primarily toward suchsign, including back lighting, and so shielded that no direct ray from the light is visible.Sign, Interior Illuminated: A sign in which illumination is provided entirely within theperimeter of the sign structure and which cannot be seen directly from without.Sign, Marquee: Any sign attached to a marquee.Sign, Monument: A low-profile sign, which is an integral part of a landscaping plan, locatedbetween a building or street setback line and a street property line for identification purposes,and having a solid base support.Sign, Nonconforming: A sign which was lawfully erected, altered, or maintained but which,because of the application of this article to it, no longer conforms to the use regulations set forthin this article applicable to the zone in which such use is located.9.1-39

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Sign, On-Premises: A sign which carries only advertisements strictly incidental to a lawful useof the premises on which it is located, including signs or sign devices indicating transacted;services rendered; goods sold or produced on the premises; name of the business; and name ofthe person, firm, or corporation occupying the premises.Sign, Outdoor Advertising: Any billboard or advertising structure bearing a sign, which iserected upon the ground, or any sign attached or painted on a building that directs attention to abusiness commodity, industry, or other activity which is sold, offered, or conducted elsewherethan on the premises. Such signs shall include signs mounted on wheeled vehicles when used asa directional sign expressly for directing automobile, pedestrian, and other forms of traffic to aspecific business location. Such signs shall also include any sign of which more than twenty(20) percent is devoted to the advertising of a commodity or service that is not the exclusivecommodity or service being sold or rendered on the premises or part of the name of the businessconcern involved.Sign, Portable: Any sign designed to be moved easily and which is not permanently affixed tothe ground, or a structure, building, or vehicle.Sign, Political: Any sign concerning candidates for political office or involving issues on aballot.Sign, Projecting: A sign mounted on a building wall in which the sign fascia is not parallel tothe building façade or façade fascia.Sign, Primary: One (1) wall sign mounted on the front façade or front fascia of a business, toidentify its name or service rendered.Sign, Real Estate: A temporary sign indicating that the premises on which the sign is located,or any portion thereof, is for sale, lease, or rent.Sign, Roof: Any sign erected upon or over the roof of any building or which is partially ortotally supported by the roof or roof structure of the building. Signs attached to a mansard roofshall be considered a wall and shall not extend beyond the exterior lines of the roof or exceedother wall sign standards.Sign, Statuary: A statue or other three-dimensional structure imitating or representing a person,animal, or object which is sculptured, molded, or cast in any solid or plastic substance, material,or fabric and used for commercial or industrial purposes.Sign, Support: Any structure, containing no copy, excepting street addresses, which supports oris capable of supporting any sign as defined in this article. A sign support may be a single poleor may be an integral part of the design of a building.9.1-40

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Sign, Temporary: A sign constructed of paper, cloth, canvas, or other similar lightweightmaterial, with or without frames, including window displays intended to be displayed for aperiod not to exceed the period of time set forth in a particular zone.Sign, Wall: A sign affixed in any manner to the wall of a building or structure which projectsnot more than eighteen (18) inches from the building wall and which does not extend beyond thefaçade of the building on which it is located. Wall signs shall include signs attached to amansard roof.Sign, Window: A sign that is applied or attached to the exterior or interior of a window orlocated in such a manner within a building that its purpose is to be viewed from the exterior ofthe building through the window. Vertical and/or horizontal separations less than six (6) inchesin width shall be viewed as a window without separation. Separations greater than six (6) inchesin width shall be considered separate windows.Sign, Window, Changeable Copy: A changeable copy sign that is attached or applied to apermanent designated area on or within the exterior or interior of the window for the purpose ofbeing viewed from the exterior.Site: A contiguous area of land, including a lot or lots or a portion thereof, upon which a projectis developed or proposed for development.Site Plan Review: An administrative process conducted in accordance with Section 9820.Small Wind Energy System: A wind energy conversionsystem consisting of a wind turbine, a tower, and associatedcontrol or conversion electronics, which has a rated capacitythat does not exceed the allowable rated capacity under theEmerging Renewables Fund of the Renewables InvestmentPlan administered by the California Energy Commission andwhich will be used primarily to reduce on-site consumptionof utility power (see Figure 9.1.15).System Height: With regard to a small wind energysystem, the tower height plus the highest point of thewind turbine rotor blade.Tower Height: With regard to a small wind energysystem, the height above grade of the fixed portion ofthe tower, excluding the wind turbine.Figure 9.1.15.Small Wind Energy SystemWind Turbine: With regard to a small wind energy system, the parts of the wind systemthat include the rotor blades, generator and the tale.9.1-41

MUNICIPAL CODE ARTICLE IX – LAND USE9158 9158Solar Energy System: Any solar collection or other solar energy device, or any structuraldesign feature of a building whose primary purpose is to provide for the collection, storage,generation or distribution of solar energy for space heating or cooling, water heating or powergeneration.South Coast Air Quality Management District (SCAQMD): The regional authorityappointed by the California State Legislature to meet federal standards and otherwise improve airquality in the South Coast Air Basin (the non-desert portions of Los Angeles, Orange, Riverside,and San Bernardino Counties).Special Event: A temporary outdoor use that extends beyond the normal uses and standardsallowed by this article. Special events may include, but are not limited to art shows, sidewalksales, pumpkin and Christmas tree sales, haunted houses, carnivals, special auto sales, grandopenings, festivals, home exhibitions, and church bazaars.Specific Plan: A plan, adopted by City Ordinance, which shows the future physicaldevelopment to be implemented within a specifically defined and circumscribed area of the City.The Specific Plan describes the types of land uses to be developed on each parcel; a plan forinfrastructure in and adjacent to the Specific Plan area; and written standards, regulations, andpolicies for such items as architectural design, open spaces, preservation of existing structures,and other relevant factors.Storage, Self: A use for the storage of personal goods within multiple individual enclosedstorage spaces rented to different individuals and businesses.Story: That portion of a building included between the upper surface of any floor and the uppersurface of the floor next above, except that the topmost story shall be that portion of a buildingincluded between the upper surface of the topmost floor and the ceiling or roof above.Street: Any public right-of-way or private recorded thoroughfare that affords a principal meansof access to an abutting lot (see “Alley” and “Freeway”).Street Frontage: The length of a lot facing a street that affords direct public access to the lot.Street Furniture: Those features associated with a street that are intended to enhance thestreet’s physical character and intended for use by pedestrians (the general public), such asbenches, trash receptacles, lights, and newspaper racks (see Figure 9.1.16).Street Line: The boundary line between a street and abutting lot (see “Lot Line, Front”).9.1-42

MUNICIPAL CODE ARTICLE IX – LAND USE9160 9160Street Setback Line: A line parallel to astreet line extending the full width or lengthof a lot with a minimum required horizontaldistance from the street centerline or rightof-wayline.Streetscape: The linear environment alonga right-of-way created by the placement anddesign of buildings, trees, open spaces,street furniture, and infrastructure.Street Right-of-Way Line: The existing orproposed future ultimate width of a publicor private right-of-way as determined by theCity Engineer. Street right-of-way lineshall mean street line.String Light: Two (2) or more exposedlamps, reflectorized bulbs, or artificialilluminating devices that are energized andjoined together by string, rope, etc.Figure 9.1.16. Street FurnitureStrobe Light: Any lighting device that utilizes a flash for rapid intermittent high-speedillumination.Structure: Anything constructed or erected which requires a location on the ground or which isattached to something having a location on the ground, but not including fences or walls seven(7) feet or less in height.Structure, Temporary: See “Temporary Structure.”Structural Alteration: Any change in the supporting members of a building such as bearingwalls, columns, beams, girders, floor joists, roof joists, or foundations.Subdivision: The process of dividing land and/or structures for parcelized sales. This processinvolves either parcel or tract maps.SECTION 9160. “T” DEFINITIONS.Target Unit: A dwelling unit within a housing development that is reserved for sale or rent andis made available at an affordable rent or affordable ownership cost to extremely low-, very low-,low-, or moderate-income households, or is a unit in a senior housing development, and which9.1-43

MUNICIPAL CODE ARTICLE IX – LAND USE9160 9160qualifies the residential development for a density bonus and other incentives or concessionspursuant to Section 9512.Temporary Parking: The temporary parking of a licensed motor vehicle for a period of timenot exceeding twelve (12) hours in any twenty-four (24) hour period.Temporary Structure: Any structure that is readily movable and is not attached to a permanentfoundation, and is used or intended to be used for a period not to exceed sixty (60) days. Suchstructure shall be subject to all applicable property development standards for the zone in whichit is located.Temporary Use: A use which is associated with a holiday or special event, or which isaccessory to a permitted use and transitory in nature.Tenant: The lessee of residential or other facility space at an applicable development project.Townhouse: See “Dwelling, Townhouse.”Trailer: Any vehicle or structure used for sleeping, living, business, or storage purposes andhaving no foundation, other than wheels, blocks, skids, jacks, horses, or skirting, and which is, orhas been, or reasonably may be equipped with wheels or other devices for transporting thestructure from place to place, whether by motor power or other means. Trailer shall includecamp car and house car (see “Recreational Vehicle”).Trailer, Nonresidential: Any trailer coach designed for use as a construction building,temporary office, or the like.Trailer, Travel: A vehicle, portable structure built on a chassis, designed to be used as atemporary dwelling for travel and recreational purposes, having a body width not exceedingeight (8) feet.Traffic Calming: Measures that reduce motorist speed, decrease motor vehicle volumes, reducecut-through traffic, enhance the street environment, and/or increase safety for pedestrians andnon-motorized vehicles. Mostly includes physical features, by may also include educationalprograms, traffic enforcement, and traffic operation changes.Transportation Demand Management (TDM): The incentive for alteration of travel behavior,usually on the part of commuters, through programs, services, and policies, TDM includesalternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in workschedules that move trips out of the peak period or eliminate them altogether (as in the case oftelecommuting or compressed work weeks).Trip Reduction: Reducing the number of vehicle trips primarily by single-occupant vehicles.9.1-44

MUNICIPAL CODE ARTICLE IX – LAND USE9162 9166SECTION 9162. “U” DEFINITIONS.Use: The purpose for which a lot or building is arranged, designed, or intended or for whicheither is, or may be, occupied or maintained.Use, Accessory: A use customarily incidental or subordinate to the principal use of a lot orbuilding located upon the same lot or building site and which is exclusively used by theoccupants of the main building (see “Building, Accessory”).Use Classifications: Categories of land uses.SECTION 9164. “V” DEFINITIONS.Vanpool: A vehicle carrying seven (7) or more persons commuting together to and from workon a regular basis, usually in a vehicle with a seating arrangement designed to carry seven (7) tofifteen (15) adult passengers.Variance: A permit which grants a property owner relief from development standards containedin this article when strict compliance with this article would result in undue hardship on theowner due to special circumstances or conditions applicable to a property, including size, shape,topography, location, or surroundings.Very Low-Income Households. Households with an annual income, which does not exceed theUnited States Department of Housing and Urban Development’s annual determination for verylow-income households with incomes of fifty (50) percent of area median income, adjusted forhousehold size.SECTION 9166. “W” DEFINITIONS.Wall Mounted, Wireless Communication Facility: Wireless communication service antennasmounted on any vertical or nearly vertical surface of a building or other structure that is notspecifically constructed for the purpose of supporting an antenna (including the exterior walls ofa building, an existing parapet, the side of a water tank, the face of a church steeple, or the sideof a freestanding sign) such that the highest point of the antenna structure is at an elevation equalto or lower than the highest point of the surface on which it is mounted.Warehouse: A use engaged in storage, wholesale, and distribution of manufactured products,supplies, and equipment, excluding bulk storage of materials that are flammable or explosives orthat present hazards or conditions commonly recognized as offensive.Wireless Communication Facility: An antenna structure and any appurtenant facilities orequipment located within City limits that provide commercial wireless service.9.1-45

MUNICIPAL CODE ARTICLE IX – LAND USE9168 9170SECTION 9168. “X” DEFINITIONS.Reserved.SECTION 9170. “Y” DEFINITIONS.Yard: An open space abutting a front, rear, or side lot line of a lot that is unoccupied andunobstructed from the ground upward, except as otherwise provided in this article. Yard shallalso mean the requiredsetback area for abuilding or structurefrom a property line (seeFigure 9.1.17).Yard Abutting Street:A yard extending alongany lot line abutting astreet between the streetline and a street setbackline on the lot.Yard, Corner, Lot: Ayard parallel andabutting the street rightof-wayline, extendingalong the full depth of alot, between the front lotline or front yard and therear lot line (see Figure9.1.17).Figure 9.1.17. Yard TypesYard, Front: A yard extending across the full width of a lot abutting the front lot line, having atall points the minimum required depth, which shall be measured at right angles to the front lotline or by the radial line in the case of a curved front lot line (see Figure 9.1.17).Yard, Rear: The area between the rear lot line and the principal building that extends across thefull width of the lot, except on a corner lot (see Figure 9.1.17).Yard, Side: A yard abutting the side lot lines and extending between the required front yard andrear yard (see Figure 9.1.17).9.1-46

MUNICIPAL CODE ARTICLE IX – LAND USE9172 9172SECTION 9172. “Z” DEFINITIONS.Zone: A section of the City to which regulations governing the height, area, use, size ofbuildings and structures, and other uniform regulations apply.Zoning Map: See “Official Zoning Map.”9.1-47

MUNICIPAL CODE ARTICLE IX – LAND USEThis page intentionally left blank.9.1-48

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 2ENFORCEMENT, LEGAL PROCEDURESAND PENALTIES

MUNICIPAL CODE ARTICLE IX – LAND USE9202 9204CHAPTER 2 – ENFORCEMENT, LEGAL PROCEDURES AND PENALTIESCHAPTER CONTENTSSECTION 9202. VESTED RIGHTS AND ENCUMBRANCES.SECTION 9204. ENFORCEMENT.SECTION 9206. VALIDITY.SECTION 9208. PERMIT PROCEDURES.SECTION 9210. CERTIFICATES OF OCCUPANCY.SECTION 9212. COMMENCEMENT OF OPERATIONS UNDER PERMITS ANDLICENSES.SECTION 9214. PUBLIC NUISANCES.SECTION 9216. INTERPRETATION AND ENFORCEMENT PROCEDURES.SECTION 9218. INSPECTION OF PREMISES.SECTION 9220. REMEDIES.SECTION 9202. VESTED RIGHTS AND ENCUMBRANCES.Nothing in this article, or any amendment to this article, shall create, or be construed to create,any vested right in any person or to be or create any encumbrance upon the title of any person inany property affected by this or any amendment to this article.SECTION 9204. ENFORCEMENT.The City Planner and such other persons as may be designated by the City Manager are herebydesignated as the enforcing agents of this article. If the enforcing agents find that any of theprovisions of this article are being violated, they shall notify, in writing, the person responsiblefor such violation, indicating the nature of the violation and ordering the action necessary tocorrect it. The enforcing agent shall order the discontinuance of illegal uses of land, buildings,or structures; the removal of illegal buildings or structures or of additions, alterations, orstructural changes thereto; the discontinuance of any illegal work being done; or shall take anyother action authorized by this article to ensure compliance with, or to prevent the violation of,its provisions. All other administrative officials and employees of the City otherwise chargedwith the enforcement of laws are responsible for enforcing the provisions of this article.9.2-1

MUNICIPAL CODE ARTICLE IX – LAND USE9206 9210SECTION 9206. VALIDITY.Formal rules of evidence or procedure which must be followed in court shall not be applied inzoning matters. No action, inaction, or recommendation regarding any zoning matter by CityStaff, Commission, or Council shall be void or invalid, or set aside by any court, on the groundsof the improper admission or rejection of evidence, or by reason of any error, irregularity,informality, neglect, or omission as to any matter pertaining to a petition, application, notice,finding, record, hearing, report, recommendation, or appeal, or any matter of procedure. Unless,after an examination of the entire case, including the evidence, a court shall be of the opinionthat the error complained of was prejudicial and that, by reason of such error, the partycomplaining or appealing sustained and suffered substantial injury, and that a different resultwould have been probable if such error had not occurred or existed. There shall be nopresumption that an error is prejudicial or that injury was done if an error is shown.SECTION 9208. PERMIT PROCEDURES.(A)(B)(C)No building permit, certificate of occupancy, or business license shall be issued for theerection, alteration, or use of any structure, or part thereof, or for the use of any landwhich is not in accordance with all the provisions of this article. Any permit or licenseissued contrary to the provisions of this article shall be void and of no effect.Where any use or development exists in violation of this article, the City shall not issueany permit, building permit, certificate of occupancy, or business license unless to remedysuch violation. As determined by the City Planner, violations of this article must besatisfactorily remedied to conform to all provisions of this article prior to the issuance ofany new permits on said property.Building permits shall be issued on the basis of plans and applications approved by theCity Planner authorizing only the use and arrangement set forth in such approved plansand applications, and any other use, arrangement, or construction at variance with thatauthorized shall be deemed a violation of this article and punishable as provided in thisarticle.Permit procedures are described in Chapter 8 – Administration.SECTION 9210. CERTIFICATES OF OCCUPANCY.(A)For the Use of Buildings and for StructuresNo building or structure hereafter erected, moved, enlarged, or altered shall be occupied,used, or changed in use until after a Certificate of Occupancy has been reviewed by theCity Planner and issued by the Building Official. Such certificates shall be applied for9.2-2

MUNICIPAL CODE ARTICLE IX – LAND USE9212 9214coincident with the application for a building permit. Such certificates shall be issuedonly after such building, enlargement, or alteration has been completed in conformitywith the provisions of this article, with approved site plans and required conditions (whenthese apply), and when the proposed use also conforms to this article and requiredconditions (when these apply).(B)For the Use of LandA Certificate of Occupancy shall be issued before any vacant land is hereafter used orbefore an existing use of land is changed for other than agricultural purposes providedsuch use is in conformity with the provisions of this article. The City Planner mayrequire the submittal of site plans for review in accordance with Section 9820 of thisarticle for a requested change in the use of land.(C)Contents of Certificates of OccupancyCertificates of Occupancy shall state that the building or proposed use of a building orland has complied with all laws and ordinances, including the provisions of this article,and with approved site plans and any conditions required by this article relating to theproposed building or use.(D)RecordsA record of all Certificates of Occupancy shall be kept on file in the office of theBuilding Official, and copies shall be furnished on request to any person having aproprietary or tenancy interest in the subject building, use, or land.SECTION 9212. COMMENCEMENT OF OPERATIONS UNDER PERMITS ANDLICENSES.No permit or license issued by City officials shall be deemed effective until all the applicableprovisions of this article, and such special conditions as may have been imposed under theprovisions of this article by the Commission and/or Council, have been met and complied with.SECTION 9214. PUBLIC NUISANCES.Any building or structure erected, altered, repaired, or maintained or any use of property contraryto the provisions of this article is hereby declared to be unlawful and a public nuisance. Theenforcement office and the City Manager are hereby authorized to cause legal action for aninjunction to restrain the continuation of such violations or any other appropriate action orproceeding to enforce these provisions.9.2-3

MUNICIPAL CODE ARTICLE IX – LAND USE9216 9220SECTION 9216. INTERPRETATION AND ENFORCEMENT PROCEDURES.The intent of this article is that all questions of interpretation and enforcement shall be firstpresented to the City Planner and, after appropriate administrative review, may be presented tothe Commission on appeal. A written copy of all interpretations shall be kept in the office of theCity Planner.SECTION 9218. INSPECTION OF PREMISES.The City Manager, or his duly authorized representatives, may enter any premises at anyreasonable hour for investigations or inspections as to whether any portion of such premises,building, or structure is being used in violation of this article. Every person who denies,prevents, or obstructs, or attempts to deny, prevent, or obstruct, such access shall be guilty of amisdemeanor.SECTION 9220. REMEDIES.The conviction and punishment of any person or entity under the provisions of this article shallnot relieve such persons or entity from the responsibility of correcting prohibited conditions orremoving prohibited buildings, structures, or improvements, and shall not prevent their enforcedcorrection or removal. In addition to any fines or legal action taken to remedy prohibitedconditions, any person or entity that has established any building, structure, improvement, or usein conflict with this article or without the proper permits shall be required to apply for and obtainthe proper permit(s) following the applicable procedures established in Chapter 8 of this article.The applicant shall also be required to pay a penalty processing fee as set by Council Resolutionin addition to the established application fee for the required permit(s).9.2-4

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 3ZONES AND STANDARDS

MUNICIPAL CODE ARTICLE IX – LAND USE9302 9302CHAPTER 3 – ZONES AND STANDARDSCHAPTER CONTENTSSECTION 9302. ZONES ESTABLISHED.SECTION 9304. OFFICIAL ZONING MAP.SECTION 9306. INTERPRETATION OF ZONE BOUNDARIES.SECTION 9308. ZONING OF ANNEXED AREAS.SECTION 9310. ZONE BOUNDARIES AND LOT LINES.SECTION 9312. RESIDENTIAL ZONES.SECTION 9314. COMMERCIAL ZONES.SECTION 9316. MIXED-USE ZONE.SECTION 9318. MANUFACTURING ZONES.SECTION 9320. PUBLIC ZONE.SECTION 9322. OPEN SPACE ZONE.SECTION 9324. PLANNED UNIT DEVELOPMENT OVERLAY ZONE.SECTION 9326. DOWNTOWN PLAN OVERLAY ZONE.SECTION 9302. ZONES ESTABLISHED.To carry out the purposes of this chapter, as set forth in Section 9104 of this article, the City ishereby divided into seventeen (17) zones, to be known by the zoning symbols and classificationsas shown in Table 9.3.1:Table 9.3.1Zones EstablishedZoneResidential ZonesSingle-Family Residential Zone R-1Two-Family Residential Zone R-2Multiple-Family Residential Zone R-3Multiple-Family Residential Ownership Zone R-3-0Commercial ZonesProfessional Office ZoneC-PNeighborhood Commercial Zone C-1General Commercial Zone C-2Central Business District Zone C-3Commercial Manufacturing ZoneC-MHospital-Medical Arts ZoneH-MMixed-Use ZoneMixed-Use ZoneM-USymbol9.3-1

MUNICIPAL CODE ARTICLE IX – LAND USE9304 9304Table 9.3.1 (continued)Zones EstablishedZoneManufacturing ZonesLight Manufacturing Zone M-1General Manufacturing Zone M-2Public ZonePublic ZonePOpen Space ZoneOpen Space ZoneO-SPlanned Unit Development Overlay ZonePlanned Unit Development Overlay Zone PUDDowntown Plan Overlay ZoneDowntown Plan Overlay ZoneD-PSymbolSECTION 9304. OFFICIAL ZONING MAP.(A)AdoptionThe boundaries of the zones designated and established by Section 9302 shall be shownon a map. Such map shall be known, cited, and referred to as the Official Zoning Map ofthe City. Such map, together with all notations, references, and other information shownthereon, shall be as much a part of this chapter as if the matters and information set forthby such map were all fully described in this chapter. The original of the Official ZoningMap shall be kept on file with the City Clerk and shall constitute the original record. Acopy of said Map shall also be filed with the Public Works Department.(B)Amendment – NotationsAll amendments and changes to the Map shall be published by the City Clerk withinfifteen (15) days after passage of such amendments. This data shall at that time be filedwith the Public Works Director. A new amended Official Zoning Map shall be promptlyprepared as directed by the Council, upon which is shown all changes and amendmentsenacted during the previous period of time. An entry listing the change shall be made onthe Official Zoning map.(C)ReplacementIn the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult tointerpret because of the nature or number of changes and additions, the Council, byordinance, may adopt a new Official Zoning Map which shall supersede the prior OfficialZoning Map. The new Official Zoning Map may correct drafting or other errors oromissions in the prior Official Zoning Map, but no such correction shall have the effectof amending the original Official Zoning Map or any subsequent amendment thereto.9.3-2

MUNICIPAL CODE ARTICLE IX – LAND USE9306 9308SECTION 9306. INTERPRETATION OF ZONE BOUNDARIES.Where uncertainty exists as to the boundaries of any zone shown on the Official Zoning Map, thefollowing rules shall apply:(A)(B)(C)(D)(E)(F)(G)Where zone boundaries are indicated as approximately following street lines, alley lines,or lot lines, or extensions thereof, such lines shall be construed to be such boundaries.Where the zone boundary line follows a railroad right-of-way, such zone boundary lineshall be construed, unless otherwise indicated, to be located midway between the maintracks of such railroad right-of-way.Where the zone boundary line follows a stream or other water channel, such zoneboundary line shall be construed, unless otherwise indicated, to be located at the limits ofthe jurisdiction of the City.Where the zone boundary divides a lot, the location of such boundary line, unlessindicated by dimensions, shall be determined by use of the scale appearing on the OfficialZoning Map. The Commission shall use Section 9830 of this article as a guide in itsdetermination.Where zone boundary lines are so indicated that they are approximately parallel to thecenter lines or street lines of streets, such zone boundary lines shall be construed as beingparallel thereto and at such distance therefrom as indicated. If no distance is given, suchdimension shall be determined by the use of the scale shown on the Official Zoning Map.Where any public street or alley is officially vacated or abandoned, the area comprisingsuch vacated street or alley shall acquire the zone classification of the property to whichit reverts.Where uncertainties exist, the City Planner may determine the location of the zoneboundary line, applying the rules stated in this section wherever applicable.SECTION 9308. ZONING OF ANNEXED AREAS.When, in the opinion of the Council, it is in the public interest to prezone properties which maybe annexed to the City, such action shall be carried out in accordance with Section 9838 of thisarticle. Such action shall be initiated by resolution of the Council, as provided in this chapter.When annexed property is not prezoned, it shall be considered to be in the R-1-10,000 (Single-Family Residential Zone) at the time of annexation, until otherwise classified. In such aninstance, the Commission, within ninety (90) days after the date of the certification of such9.3-3

MUNICIPAL CODE ARTICLE IX – LAND USE9310 9312.02annexation, shall initiate studies and hearings to determine the appropriate zoning for suchproperty.SECTION 9310. ZONE BOUNDARIES AND LOT LINES.Where a zone boundary line divides a lot in undivided ownership, a Conditional Use Permit maybe granted in accordance with the procedures set forth in this article to permit in that portion ofsuch lot, all parts of which are within fifty (50) feet of such zone boundary, any use permitted inthe other portion if it is found that:(A)(B)Such lot was created in good faith and not for the purpose of taking advantage of thisarticle; andIn granting such Conditional Use Permit, the spirit of this article will be observed, publicsafety secured, and substantial justice done.SECTION 9312. RESIDENTIAL ZONES.Section 9312.02. Intent and Purpose.(A)The intent and purpose of these residential zone regulations is to:(1) Provide for a variety of well-designed and well-maintained housing types andneighborhoods in the community.(2) Ensure neighborhood areas for residential living contain a broad range ofdwelling unit densities consistent with the General Plan and appropriate standardsof public health, safety, welfare, and aesthetics.(3) Designate lands to accommodate housing units that meet the diverse economicneeds of the residents.(4) Encourage residential development that retains the scale and character of existingresidential neighborhoods.(5) Facilitate the provision of adequate light, air, privacy, and open space for eachdwelling unit.(6) Protect residential neighborhoods from incompatible uses.9.3-4

MUNICIPAL CODE ARTICLE IX – LAND USE9312.04 9312.04(B)Purpose of the R-1 ZoneThe R-1 Zone is intended to provide for the development of single-family residentialareas and to designate appropriately located areas for family living at designatedpopulation densities. The provisions of this zone are intended to ensure that theresidential character of such areas will be stabilized and maintained. They are furtherintended to provide a basis for the planning of related amenities, such as parks, schools,public utilities, streets and highways, and other community facilities.(C)Purpose of the R-2 ZoneThe R-2 Zone is intended to provide areas for two residential dwellings per lot in theform of two detached houses, duplexes, or townhouses and to maintain a residentialcharacter similar to that found in single-family neighborhoods. The provisions of thezone are intended to ensure that the residential character of such areas will be stabilizedand maintained. They are further intended to provide a basis for the planning of relatedamenities such as parks, schools, public utilities, streets and highways, and othercommunity facilities.(D)Purpose of the R-3 ZoneThe R-3 Zone is intended to provide for the development of multiple-family residentialliving areas compatible with the neighborhood environment and outdoor recreationpotential of the community. Such areas are envisioned as being located and designed tobe complementary to adjacent uses and at the same time provide suitable space formultiple-family living quarters.(E)Purpose of the R-3-O ZoneThe R-3-O Zone is intended to provide for the development of multiple-family ownershiptype housing in selected areas compatible with the neighborhood environment. Suchareas are envisioned as being located and designed to be complementary to adjacent usesand providing sufficient opportunities for ownership in multiple-family housing.Section 9312.04. Sub-Zones of the Single-Family Residential Zone (R-1).The R-1 Zone shall be separated into sub-zones to delineate the required minimum lot size. Thesub-zones shall be identified by a numerical suffix after the “R-1” designation on the ZoningMap, and each and every area zoned R-1 in the City shall have a numerical suffix appendedthereto. Such suffixes shall include one of the following:(A)(B)R-1 – 5,000 = 5,000 square feet minimum lot size;R-1 – 6,000 = 6,000 square feet minimum lot size;9.3-5

MUNICIPAL CODE ARTICLE IX – LAND USE9312.06 9312.06(C)(D)(E)R-1 – 7,500 = 7,500 square feet minimum lot size;R-1 – 8,500 = 8,500 square feet minimum lot size; andR-1 – 10,000 = 10,000 square feet minimum lot size.Section 9312.06. Residential Zones Use Regulations.(A)(B)(C)(D)Table 9.3.2 identifies the uses permitted in each Residential Zone. If a use is notspecifically listed on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.2 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.2.Table 9.3.2Residential Zones Use RegulationsUseR-1(all lot R-2 R-3 R-3-O Notes and Exceptionssizes)ResidentialApartments NP P P NPCondominiums NP P P PConversion of buildings to NP NP C C Subject to Section 9510multiple ownershipDuplex dwellings NP P P P Site Plan Review is required for R-3 andR-3-OFamily day care home, childlarge (9-14)small (8 or fewer)CPCPCPCPHome occupations P P P P Subject to Section 9408Mobile homes/manufactured C C C Chome parksMulti-family dwellings NP NP P PPrefabricated housing P P P P Requires Site Plan Review subject toSection 9820Rooming house NP NP C NP9.3-6

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08UseResidential care facilitylarge (7-14)small (6 or fewer)Table 9.3.2 (continued)Residential Zones Use RegulationsR-1(all lotsizes)R-2 R-3 R-3-O Notes and ExceptionsCPCPCPCPSecond unit developments P NP NP NP Subject to Section 9414Senior citizen housingNP NP P P Subject to Section 9418developmentSingle-family dwellings P P a P a P a Detached single-family dwellings only(detached)Special events P P P P Subject to Section 9420Townhomes NP P P PPublicUtility distribution stations C C C CParks and recreational facilities C C C CPublic utilities C C C C Both publicly and privately owned,providing direct service to theneighborhoodReligious, fraternal, or serviceorganizationsSchoolspublicprivateNP NP C C Includes churches, synagogues, temples,monasteries, and other places of religiousworship and other fraternal andcommunity organizationsPCPCPCPCIncludes elementary, middle or junior,and high schools onlyAccessory Uses andStructuresAccessory living quarters P P P PDomestic animals P P P P Not more than three (3) domestic animalsare permitted (P) per residential dwellingunit except that newborn and babyanimals up to four (4) months shall not becounted; subject to Section 9514Parking - surface and structure NP NP C CSmall wind energy systems C C C CTemporary trailer P P P P One (1) trailer used as a temporaryresidence during construction of apermanent residence on the same lot withcurrent building permit and limited to amaximum of one (1) six (6) month periodWireless communicationfacilitiesP = PermittedNP = Not PermittedC = Conditional Use Permit required (subject to Section 9824).aShall be developed to the R-1 5,000 development standardsNP NP C C Subject to Section 94269.3-7

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08Section 9312.08. Residential Zones Property Development Standards.(A)Specific Development StandardsTables 9.3.3 and 9.3.4 identify the development standards for all of the ResidentialZones.Table 9.3.3R-1 Zone Property Development StandardsR-1 –Development Standard R-1 –R-1 – R-1 – R-1 – Lots ≥5,000 e 6,000 7,500 8,500 10,000 15,000s.f.Lot area - minimum (square feet) 5,000 6,000 7,500 8,500 10,000 15,000Lot width - minimum (feet) 50 50 60 65 70 70Lot depth - minimum (feet)Lots shall conform to the average depth of adjacent lotsFloor area ratioRefer to Section 9312.08(B)(2)Building height - maximum (feet)main buildingaccessory building281228122812281230123012Maximum 2 nd floor footprint/1 st floor footprint 80 80 80 80 80 90(percent)Yard setbacks - minimum (feet) aFront brearsideinterior (one-story structure)interior (two-story structure)each side/total of both sidesstreetDwelling unit size - minimum (square feet) cone (1) bedroomtwo (2) bedroomthree (3) bedroomfour (4) bedroommore than four (4) bedrooms202055/15107008501,1001,3001,500202055/15107008501,1001,3001,500202055/15107008501,1001,3001,500Zone202055/15107008501,1001,3001,500202055/15107008501,1001,3001,5002520510/25107008501,1001,3001,500Building separation - minimum (feet) 10 10 10 10 10 10Main building and detached garage separation - 5 5 5 5 5 5minimum (feet)Air conditioning, mechanical roof and utility Subject to Section 9504equipmentEnvironmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 of Article IV of this CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 69.3-8

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08Table 9.3.3 (continued)R-1 Zone Property Development StandardsDevelopment Standard R-1 – R-1 –5,000 e 6,000R-1 –7,500Site plan review Subject to Section 9820Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426ZoneR-1 –8,500R-1 –10,000Notes:aNo more than forty (40) percent of a second-story façade may occur at the specified first floor front setback.Remaining portions of the second story shall be set back a minimum of an additional five (5) feet.bcUnless the property is identified on the prevailing setback map, as adopted by the Commission, in which case thegreater of the two setbacks shall apply.Exclusive of porches, balconies, garages, or other such accessory structures or architectural features.Lots ≥15,000s.f.Table 9.3.4R-2, R-3, R-3-O Zone Property Development StandardsZoneDevelopment StandardR-2 R-3 R-3-OLot area - minimum (square feet) 5,000 10,000 10,000Lot area per dwelling unit - minimum(square feet)2,500 1,9801,815 (for lots greaterthan 15,000 squarefeet)1,9801,815 (for lots greaterthan 15,000 squarefeet)Lot width - minimum (feet) 50 100 100Lot depth - minimum (feet)Lots shall conform to the average depth of adjacent lotsLot coverage - maximum (percent) 50 50 50Building height - maximum (feet)main buildingaccessory buildingYard setbacks - minimum (feet)frontrearsideinteriorstreetDwelling unit size - minimum (squarefeet) d,estudio unitsone (1) bedroomtwo (2) bedroomthree (3) bedroomfour (4) bedroom30 feet or two stories,whichever is less12 feet2020510--7008501,1001,30035 feet or threestories, whichever isless a12 feet15see note b5 c7.55006008001,0001,30035 feet or threestories, whichever isless a12 feet15see note b5 c7.55006008001,0001,3009.3-9

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08Development StandardTable 9.3.4 (continued)R-2, R-3, R-3-O Zone Property Development StandardsBuilding separation - minimum (feet) 10 10 10Main building and detached garage5 5 5separation - minimum (feet)Usable open space area per dwelling unit – -- 200 200minimum (square feet)Air conditioning, mechanical roof and utility Subject to Section 9504equipmentEnvironmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 of Article IV of this CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426Notes:aWhen abutting R-1 or R-2 zoned property, the variable height requirement shall apply in accordance with Section9534.24.bWhen the rear yard area abuts an R-1 Zone, the following minimum setbacks are required: twenty (20) feet for a one(1) story building, thirty (30) feet for a two (2) story building, and forty-six (46) feet for a three (3) story building.When the rear yard area abuts a fully dedicated public alley, the following minimum setbacks are required: nosetback required for a one (1) story building, ten (10 feet) for a two (2) story building, and twenty-six feet for a three(3) story building. When the rear yard area abuts another R-3 Zone the following minimum setbacks are required:ten (10) feet for a one (1) story building, fifteen (15) feet for a two (2) story building, and twenty (20) feet for athree (3) story building.cWhen abutting the R-1 Zone, the minimum setback shall be ten (10) feet.dExclusive of porches, balconies, garages, or other such accessory structures or architectural features.eEach additional bedroom over four (4) shall be a minimum of one hundred thirty (130) square feet.Zone(B)General Development Standards(1) Residential UsesNo lot, building, or structure shall be used or appear to be used for commercialpurposes and shall not involve the conduct of a business nor contain commercialor industrially rated equipment not customarily used in connection with aresidential occupancy, nor be used for the storage of vehicles, equipment, ormaterials not customarily incidental to the residential use.9.3-10

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08(2) FAR in the R-1 ZoneIn the R-1 Zone, the allowable FAR for a parcel of land shall be determined bythe following:a. The City Planner shall compute the maximum allowable FAR for a parcelby averaging the FAR for all R-1 Zoned parcels with existing residentialdevelopment within one hundred (100) feet of the property line of thesubject property (Figure 9.3.1).b. The maximum allowable FAR for a parcel of land is determined by arange of the average FAR, as illustrated in Table 9.3.5.c. Single-family dwelling units in the R-1 Zone are eligible for a 0.05 FARbonus for providing renewable energy sources. The renewable energysources must provide fifty (50) percent or greater of a parcel’s annualenergy requirements. Renewable energy sources include at least one (1)component from i. and one (1) component from ii below:i. Either solar water heating or tankless water heater, andii.On-site solar photovoltaic or small wind energy applications toprovide the remaining renewable energy requirement.Figure 9.3.1. Flexible Floor Area Ratio9.3-11

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08Average FAR (ascomputed by CityPlanner)Table 9.3.5Allowable FARMaximumAllowableFARMaximum FARwith RenewableEnergy Bonus.01 to .35 .40 .45.36 to .40 .45 .50.41 to .45 .50 .55.46 to .50 .55 .60.51 to .60 .60 .65(3) ArchitectureThe architecture and general appearance of the building shall be in keeping withthe character of the neighborhood and such as not to be detrimental to the generalwelfare of the neighborhood in which they are located.(4) MassingAll residential additions, alterations, and modifications shall to the greatest extentpossible, avoid excessive massing of the primary structure, through means ofvarying rooflines, elevations, and other architectural elements (see Figure 9.3.2).Review and approval of massing of buildings shall be subject to the provisions ofSection 9820.Figure 9.3.2. Mass and Scale9.3-12

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08(5) Multiple-Family Building Placement and Designa. Multiple-family buildings shall be designed and located on the site in amanner that avoids long, continuous building walls or “barracks-like”rows of structures that create a “canyon effect.” Where multiple unitsshare a common driveway, parking court, or alley, ample space shall beprovided to provide vegetation, i.e., shrubs and trees where feasible.Rows of adjacent garages shall be enhanced by architecturally recessingsome or all of the garage doors, adding vegetation, or using some othermeans to lessen the undesirable visual effect of long unbroken planes ofgarage doors especially where visible from a public right-of-way (seeFigure 9.3.3).b. No multi-family buildings shall exceed fifty (50) feet in any dimensionwithout architectural articulation of the building façade or mass in order toavoid large, unbroken areas.c. Significant wall articulation (i.e., insets, canopies, wing walls, trellisesetc.) and the inclusion of elements such as balconies, porches, arcades,dormers, and cross gables shall be used to avoid the box-like appearanceof long and unbroken façades, flat walls, and roofs of excessive visualprominence.Figure 9.3.3. Building Placement and Design(6) LandscapingLandscaping is required in the front yard for all areas not covered by an approveddriveway or pedestrian walkway pursuant to Section 9520.9.3-13

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08(7) Front YardsIn all residential zones, the front and street side yards shall be landscaped andmaintained in good condition and shall be kept free and clear of all constructionand automotive materials and parts, trash, refuse, debris, trash storage receptacles,inoperative motor vehicles, discarded or broken materials, appliances, junk,equipment, car cover structures or similar materials and shall not be paved exceptfor pedestrian walkways, driveways, and approved patios. Only temporaryparking of vehicles pursuant to Section 9702 shall be allowed in the front yard.(8) Front Yards – Maximum Paving (Hardscape)The total of all paving (hardscape) within the front setback or street side setback,including all driveways and walkways, shall not exceed forty (40) percent of thearea within the total front setback or street side setback on properties with a widthof sixty (60) feet or greater. For properties that are less than sixty (60) feet wide,the total of all paving (hardscape) within the front setback or street side setback,including all driveways and walkways, shall not exceed fifty (50) percent of thetotal front setback or street side setback. An additional ten (10) percent ofhardscape shall be allowed in the front setback or street side setback, providedpermeable paving surfaces are used, and a minimum of sixty (60) percent of thetotal front setback or street side setback remains permeable surfaces.(9) PrivacyThe following techniques are encouraged in residential zones to maximize privacybetween adjacent properties (see Figure 9.3.4).a. Offset or stagger windows facing neighbor’s windows;b. Use clerestory windows or locate windows high enough in areas withprivacy impacts;c. Use translucent glass where appropriate;d. Use landscaping to provide a buffer between properties;e. Screen second story balconies and decks from neighboring property byincorporating architectural elements such as opaque balcony railings;f. Locate second story balconies and decks to avoid direct sight lines intomain windows, yards, or patio area of adjacent property;g. Incorporate screening devices such as trellises or awnings to increaseprivacy where appropriate;9.3-14

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08Figure 9.3.4 Privacy Techniques(10) Usable Open Spacea. In the R-3 Zone, every lot shall have not less than two hundred (200)square feet of usable open space per dwelling unit. Usable open space forthe purposes of this section shall mean a consolidated common open areaor recreational facility which is designated and intended to be used foroutdoor living and which excludes primary walkways, perimeterlandscaping, and required setbacks except the rear yard, and said area shallnot have a depth or width of less than fifteen (15) feet. No portion of offstreetparking spaces; driveways; covered pedestrian access ways; orutility areas such as laundries, clothes drying yards, or trash areas shallconstitute usable open space.b. Except for the conditions set forth in Section 9312.08(B)(8)(d), aminimum of fifty (50) percent of required usable open space shall consistof one (1) or more of the following amenities:i. Playgrounds, play equipment, and/or tot lots;ii.iii.Recreational facilities – fountains, sculptures, etc.;Swimming pools;9.3-15

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08iv.Tennis courts, basketball courts, and similar sports courts;v. Recreational building(s)/room(s);vi.vii.viii.ix.Putting greens;Game areas; andPicnic/barbecue areas.Required common open space in the form of decks located abovethe first floor may be permitted subject to the review and approvalof the Commission.c. The remaining required usable open space may be fulfilled by providingone (1) or more of the following amenities:i. Landscaping;ii.iii.iv.Gardens;Benches; andSecondary walkways or walks.v. Required common open space in the form of decks located abovethe first floor may be permitted subject to the review and approvalof the Commission.d. Up to one-half (½) of the usable open space for each unit may be providedin a private patio or balcony having direct access from the unit; provided,however, no dimension thereof shall be less than ten (10) feet with aminimum area of one hundred (100) square feet. Apartments havingseven (7) units or less may provide all of the required open space withinprivate patios provided no dimension is less than ten (10) feet with aminimum area of two hundred (200) square feet.e. Where usable open space abuts driveways, there shall be providedbetween such recreational area and the abutting driveway a decorativemasonry wall or wrought iron fence not less than three (3) feet in height;where abutting parking areas, there shall be a decorative masonry wall orwrought iron fence with a minimum height of five and one-half (5½) feetbetween such recreational area and the parking area.9.3-16

MUNICIPAL CODE ARTICLE IX – LAND USE9312.08 9312.08f. Usable open space shall not include any portion of a required yardabutting a street, interior side yard area abutting a main building, off-streetparking space, required access, walkway, driveway turn-around area, toproof level of any building, or landscaped area between any accessorybuildings, except those portions of any accessory building used forrecreational purposes.g. Usable open space, when abutting R-1 or R-2 Zones, shall provideirrigated landscape planter areas not less than five (5) feet in width. Suchplanter areas shall be maintained with trees and shrubs not less than six (6)feet in height, when planted, which shall obtain a mature height of not lessthan fifteen (15) feet. At maturity, such landscaping shall provide an uninterruptedscreen between the R-3 development and the R-1 and R-2 Zones.(11) Site Plan ReviewSite Plan Review is required in accordance with the provisions of Section 9820 inthe R-3 and the R-3-O Zones.(12) Motor Vehicle RepairMotor vehicle repair may be performed under the following conditions:a. Repair work shall be restricted to only those motor vehicles currentlyregistered with the California Department of Motor Vehicles to theaddress in which the repair work is to be conducted.b. In those instances where motor vehicles are not currently registered or areregistered in states other than California, proof of ownership by theresident of the property shall be provided.(13) Recreational VehiclesIn the R-1 and R-2 Zones, self-propelled recreational vehicles, such as motorhomes, campers, and vans, having a valid license and being in an operablecondition, may be parked on a driveway area within the front yard or street sideyard area provided vehicular access to a required garage or carport is not obstructedby such vehicles. Self-propelled and other types of recreational vehicles, includingtrailers and boats, may be parked or stored on a lot behind the front yard or streetside yard area provided vehicular access to a required garage or carport is notobstructed by such vehicles, the vehicles are not parked within a side setback, andthey are not parked within five (5) feet of any window or door of a habitablestructure. The use of recreational vehicle covers is permitted; however, the coversshall be kept in a well-maintained condition.9.3-17

MUNICIPAL CODE ARTICLE IX – LAND USE9314 9314.02(14) Storage CabinetsIn the R-3 Zone, personal property storage cabinets shall be provided for eachdwelling unit within each carport and/or garage. Such cabinets shall have not lessthan eighty (80) cubic feet of area, with a minimum depth of twenty-four (24)inches, and shall be constructed of one-half (½) inch plywood or other suitablematerial equipped with hinges and locking devices. The placement of suchstorage cabinet within the carport or garage shall not interfere with the spacerequired to fully park a vehicle.(15) Temporary StructuresIn all residential zones, temporary structures, such as canopies, awnings, and thelike, shall only be allowed to the rear of the main building. Temporary structuresshall not exceed a maximum of one hundred twenty (120) square feet or seven (7)feet in height.(16) Other Applicable Regulations for Residential ZonesOther applicable regulations in the Residential Zones include, but are not limitedto, the supplemental regulations identified in Chapters 4, 5, and 8.SECTION 9314. COMMERCIAL ZONES.Section 9314.02. Intent and Purpose.(A)The intent and purpose of these Commercial Zone regulations is to:(1) Provide appropriately located areas consistent with the General Plan for a fullrange of office, retail commercial, and service commercial uses needed byresidents of, and visitors to, the City and region;(2) Strengthen the City’s economic base, and provide employment opportunities closeto home for residents of the City and surrounding communities;(3) Create suitable environments for various types of commercial uses, and protectthem from the adverse effects of incompatible uses;(4) Minimize the impact of commercial development on adjacent residential districts;(5) Ensure that the appearance and effects of commercial buildings and uses areharmonious with the character of the area in which they are located; and(6) Ensure the provision of adequate off-street parking and loading facilities.9.3-18

MUNICIPAL CODE ARTICLE IX – LAND USE9314.02 9314.02(B)Purpose of the C-P ZoneThe C-P Zone is intended to provide for the development of integrated office andprofessional areas wherein related types of uses and facilities may also be located. Theprovisions of this zone are intended to encourage the most desirable relationship ofpermitted uses and to provide a transition between more intensive commercial activitiesand residential areas.(C)Purpose of the C-1 ZoneThe C-1 Zone is intended to provide for the development of limited neighborhoodshopping areas situated adjacent to, or surrounded by, residential neighborhoods. Theseshopping areas are intended to serve only the limited need for convenience goods andservices in their immediate locality and should fit easily into a residential environmentwithout detriment to the character of the area.(D)Purpose of the C-2 ZoneThe C-2 Zone is intended to provide for and encourage the orderly development ofgeneral commercial uses, with a wide variety of goods and services, for the residents ofthe entire City, with provisions designed to ensure that such commerce will be efficient,functionally related, and compatible with adjacent noncommercial development.(E)Purpose of the C-3 ZoneThe C-3 Zone is intended to provide for the development of intense commercial andservice uses in the City in order to serve the broadest community and regional needs.This area will provide a wide variety of goods and services in establishments whoseoperating characteristics attract them to a central location in the City and which requiregood exposure in a readily identifiable and accessible setting. The provisions of this zoneare designed to ensure that such activities will be compatible with abuttingnoncommercial development and to minimize any effects of older development, heavytraffic, or other operating characteristics.(F)Purpose of the C-M ZoneThe C-M Zone is intended to provide a flexible range of commercial, wholesale, and lightmanufacturing uses that can be operated in harmony with each other and in a clean andorderly manner. The areas designated for the commercial and manufacturing zone aresuitable for both types of uses in combination with each other or individually. Thelimitations imposed upon such uses are intended to control the intensity of use and effectupon surrounding areas.9.3-19

MUNICIPAL CODE ARTICLE IX – LAND USE9314.04 9314.04(G)Purpose of the H-M ZoneThe H-M Zone is intended to provide for and encourage the orderly development of awide variety of hospital and medical uses and services that are compatible with relateduses permitted within the zone and with development surrounding the zone.Section 9314.04. Commercial Zones Use Regulations.(A)(B)(C)(D)Table 9.3.6 identifies the uses permitted in each Commercial Zone. If a use is notspecifically listed on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.6 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.6.Table 9.3.6Commercial Zones Use RegulationsUse C-P C-1 C-2 C-3 C-M H-M Notes and ExceptionsAutomobile and Other Vehicle Sales, Services, and EquipmentAutomobile, light truck, andmotorcycle sales, newNP NP P P P NP Does not include broker and/orwholesale officesAutomobile, light truck, and NP NP C C C NP Subject to Section 9404motorcycle sales, usedAutomobile accessories and NP NP P P P NP No repair facilities allowedparts storesAutomobile paint and body NP NP P P P NP Only when on same site and inconjunction with a newautomobile, light truck, ormotorcycle dealershipAutomobile rental agencies NP NP C C C NPAutomobile repair NP NP C C P NP Permitted (P) in all commercialzones when on same site and inconjunction with a newautomobile, light truck, ormotorcycle dealershipAutomobile wholesale andbroker officesNP NP C C C NP9.3-20

MUNICIPAL CODE ARTICLE IX – LAND USE9314.04 9314.04Table 9.3.6 (continued)Commercial Zones Use RegulationsUse C-P C-1 C-2 C-3 C-M H-M Notes and ExceptionsCarwash, full-service, self NP NP C C P NP Subject to Section 9406service and coin operatedMobile homes/manufactured NP NP C C C NPhome salesRecreational vehicle sales NP NP C C C NP Includes boats, trailers, campers,and other recreational vehiclesService stations NP C C NP C NP Subject to Section 9406; one towtruck may be permitted (P);outdoor storage of impounded ordamaged vehicles is prohibitedTruck and trailer sales NP NP C C C NP Includes heavy equipment.Subject to Section 9404Towing services NP NP NP NP C NPVehicle impound and storage NP NP NP NP C NPyardEating and Drinking EstablishmentsBars NP NP C C C NP Accessory uses such as billiards,pool tables, darts, and gamemachines are also allowedBakeries NP P P P P NPLiquor stores and other off-sale NP C C C C NPalcohol establishmentsNight clubs NP NP C C C NPRestaurants, cafes, coffeeestablishmentswith alcohol saleswith drive-thruwith live entertainmentPCNPNPPCCNPPCCCPCCCPCCCPCNPNPFor C-P & H-M zones, use shallnot exceed 10% of gross floorarea of building.Subject to Section 9406 if drivethrufacilities are provided.Outdoor seating/dining areas aresubject to Site Plan Review inaccordance with Section 9820.Financial, Professional Services and Office UsesCheck cashing NP NP P P P NPFinancial services P P P P P NP Drive-thru window or drive-thruATM requires a Conditional UsePermit (C) in any zoneOfficesBusiness and professionalMedical and dentalPPPPPPPPNPNPNPPDoes not include new and/or usedvehicle brokers or wholesaleofficesGeneral Commercial UsesAdult businesses NP NP C NP C NP Subject to Section 9402Animal sales and servicesanimal salesboarding/kennelsfeed and suppliesgroominghospitals/veterinaryNPNPNPNPNPNPNPPPNPPCPPCPCPPCPPPPPNPNPNPNPC9.3-21

MUNICIPAL CODE ARTICLE IX – LAND USE9314.04 9314.04Table 9.3.6 (continued)Commercial Zones Use RegulationsUse C-P C-1 C-2 C-3 C-M H-M Notes and ExceptionsArcades, video games NP NP C C NP NPAuction house NP NP NP NP P NPAudio and video broadcasting NP NP C C P NP Includes recording studiosBanquet facilities, ballrooms, NP NP C C C NPand concert hallsBlueprint and photocopy P P P P P NPservicesBookbinding NP NP NP NP P NPBuilding/contractor supplies NP NP NP NP P NP Includes equipment renting andleasingCabinet making and carpenter NP NP C NP P NPshopsCaretakers’ residences NP NP NP NP P NPCarnivals and circuses NP NP C C C NP Subject to Section 9420Catering companies NP NP P P P NPCommercial recreation NP NP P P P NPConvention and exhibition halls NP NP NP C C NPChristmas tree and pumpkinsalesP P P P P P Subject to Section 9420.14Cyber cafes NP NP C C NP NPDay care centeradultchildCCCCCCCCCNPCCDay spa NP NP C C C NPFirework stands NP P P P P NP Subject to Section 9518Food product manufacturing NP NP NP NP C NP Includes processing and storage;excludes lard, pickles, sausage,sauerkraut, and vinegarFortune telling NP NP C C C NPFuneral services NP NP P P P NPHotels NP NP C C C NPJanitorial supplies and services NP NP P P P NPKiosksPermanentTemporary orSemi-permanentCCCCCCLaboratories NP NP NP NP C C Testing only laboratoriespermitted (P) in H-M ZoneLaundriesLimitedUnlimitedPNPPNPPNPPNPPCPCMachine shop and tool repair NP NP NP NP P NPMassage therapy establishment NP NP C C C NPMetal stamping NP NP NP NP P NPMail and shipping services P P P P P NPMedical and orthopedic sales NP NP NP NP NP P Includes prosthesesMotels NP NP C C C NP Subject to Section 9412CC9.3-22CCCC

MUNICIPAL CODE ARTICLE IX – LAND USE9314.04 9314.04Table 9.3.6 (continued)Commercial Zones Use RegulationsUse C-P C-1 C-2 C-3 C-M H-M Notes and ExceptionsMotion picture production NP NP NP NP P NPParking – surface and structure NP P P C P NPPassenger stations, bus and rail NP NP P P P NPPersonal improvement services NP NP P P NP NPPersonal services P P P P P PPest control services NP NP NP NP P NPPharmacies NP P P P P PPlastic, rubber, packing NP NP NP NP P NPmanufacturingPlumbing, electrical,NP NP P P P NPmechanical shops and servicesPrinting shops NP NP P P P NPPublic utility offices P P P P P NPRecycling collection center NP NP C C C NPRepair services, consumer NP NP P P P NP Repair of personal and householditems, excluding automobilerepair or items used primarily forbusinessRestaurant/hotel supply and NP NP P P P NPservicesRug cleaning plants NP NP NP NP P NPSchools, business, professional, NP NP C C C NP Includes dance studiostrade, technical or vocationalSchools, medical NP NP NP NP NP PSilk screening NP NP NP NP P NPSmoke, cigar, hookah lounges NP NP C C C NPSwap meets & flea markets NP NP C C C NPTanning salons NP NP C C C NPTaxicab stands C C C C C NPTextile, clothing, manufacturing NP NP NP NP P NPUpholstery, re-upholstery NP NP NP NP P NPUtility distribution stations C C C C C CWedding chapels NP NP P C P NP Does not include churches andother places of religious worshipWelding Shops NP NP NP NP P NP Conditional Use Permit (C)required if less than 200 feet fromany Residential ZoneWood products manufacturing NP NP NP NP P NPOther UsesAmbulance service NP NP NP NP NP CAuction house NP C C C C NPColleges, public or private NP NP C C C CChurches and other places of C C C C C NP Does not include wedding chapelsreligious worshipConvalescent hospitals/nursing NP NP C C C P Subject to Section 9422homes/assisted living facilitiesCultural institutions C C C C C NP9.3-23

MUNICIPAL CODE ARTICLE IX – LAND USE9314.06 9314.06Table 9.3.6 (continued)Commercial Zones Use RegulationsUse C-P C-1 C-2 C-3 C-M H-M Notes and ExceptionsHospitals NP NP P P C P Does not include convalescenthospitals and nursing homesMedical Services NP NP NP NP NP C Includes psychiatric centers,short-term care facilities for thementally ill, alcohol treatmentcentersPublic buildings and facilities C C C C C NP Libraries, governmental buildings,police and fire stationsParks and recreational facilities C C C C C NPSenior citizen housingNP NP NP P P P Subject to Section 9418developmentSchoolspublicprivateIncludes elementary, middle orjunior, and high schools onlyPCPCPCPCPCPCSmall wind energy systems C C C C C CWireless communication C C C C C C Subject to Section 9426facilitiesRetail SalesAntique and collectible stores NP P P NP P NP Objects more than 40 years oldFlorist Shops NP P P P P NPDrug stores NP NP P P P NP With or without pharmaciesNurseries and garden supply NP NP P NP P NPstoresRetail sales, new NP P P P P NPRetail sales, used NP NP C C C NPWholesale, Storage and Distribution UseParcel delivery terminals NP NP NP NP P NPRefrigeration plant NP NP NP NP P NPSelf-storage, mini-storage, miniwarehouse,and recreationalvehicle storageNP NP NP NP C NP Subject to Section 9416Storage yards NP NP NP NP P NP Includes building materials, fleetstorage, lumber yards, machineryrental, trucking yards andterminals, transit storage, roadequipmentWarehouse NP NP NP NP P NP Flammable, chemical, or otherhazardous material storagerequires Fire Department approvalWholesale brokers, jobbers, NP NP NP NP P NPdealers, distributorsWholesale garment sewing NP NP NP NP P NPNote:P = PermittedNP = Not PermittedC = Conditional Use Permit9.3-24

MUNICIPAL CODE ARTICLE IX – LAND USE9314.06 9314.06SECTION 9314.06. COMMERCIAL ZONES PROPERTY DEVELOPMENTSTANDARDS.(A)Specific Development StandardsTable 9.3.7 identifies the development standards for all of the Commercial Zones.Table 9.3.7Commercial Zone Property Development StandardsZoneDevelopment StandardC-P C-1 C-2 C-3 C-M H-MLot area - minimum (square feet) 6,000 6,000 10,000 10,000 87,120 6,000Lot width - minimum (feet) 60 60 100 100 290 60Lot depth - minimum (feet) 100 100 100 100 300 100Floor area ratio - maximumlots 87,120 square feet or greaterlots under 87,120 square feet2.0----0.25----1.4----3.0------0.600.502.0----Lot coverage - maximum (percent) 50 50 a 50 50 -- 50Building height - maximum (feet or stories,whichever is less) b75 feetor 5storiesYard setbacks - minimum (feet)front c10rearabutting a residential zone46abutting nonresidential zone15sideinteriorabutting a residential zone 46abutting a nonresidential zone 5street (abutting major roads) c, d 10street (abutting all other streets) c20 feetor 1story20461545 feetor 3stories105 feetor 7stories150 feetor 10stories75 feetor 5stories46 46 46 46 465 NR NR NR 1520 15 NR 20 105 5 5 5 15 10Building separation - minimum (feet) 20 20 20 20 20 20Air conditioning, mechanical roof and utility Subject to Section 9504equipmentEnvironmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 of Article IV of this CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Trash enclosure Subject to Section 9528Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426154615NR46152046151046159.3-25

MUNICIPAL CODE ARTICLE IX – LAND USE9314.06 9314.06Table 9.3.7 (continued)Commercial Zone Property Development StandardsZoneDevelopment StandardC-P C-1 C-2 C-3 C-M H-MNotes:aA mezzanine may be permitted in the C-1 Zone provided it does not exceed thirty (30) percent of the squarefootage of the ground floor area.bWhen abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance withSection 9534.24.cParking not permitted in the front or street side setbacks.dMajor streets are defined as major, primary, and/or second arterials, as identified in the General Plan.NR = No Requirement(B)General Development Standards(1) Conduct of UsesAll uses shall be conducted entirely within a completely enclosed building, exceptfor off-street parking and loading facilities. Businesses which require an opensales, service, and/or display area may be permitted modifications from thisrequirement when approved by the City Planner. In the C-2, C-3, and C-MZones, outdoor activities and storage uses shall be screened from the public viewby a solid decorative masonry wall or opaque ornamental fence not less thanseven (7) feet in height. No chain-link fences are allowed. Displays and storageshall not exceed the height of the permitted fence.(2) Outdoor DiningNotwithstanding the provisions of Section 9314.06(B)(1), restaurants, cafes,coffee establishments, and other eating establishments may have an outdooreating/dining area, subject to approval of a Site Plan Review by the Commission.Outdoor eating areas shall be enclosed by a solid decorative masonry wall ordecorative ornamental wrought iron fence not less than forty-two (42) inches inheight that does not impede pedestrian movement, ADA access, or access toadjacent properties (Figure 9.3.5). No chain-link fences are allowed.(3) LandscapingAt least ten (10) percent of the total developed portion of the site in everyCommercial Zone shall be devoted to landscaping as defined herein. At least five(5) percent of the required landscaping shall be in the parking areas. Landscapingis required in front and street side yards in all Commercial Zones. Specificlandscaping requirements are set forth in Section 9520 of this article.9.3-26

MUNICIPAL CODE ARTICLE IX – LAND USE9316 9316.02Figure 9.3.5 Outdoor Dining(4) Site Plan ReviewSite Plan Review for all new permitted structures and site improvements is requiredin all Commercial Zones in accordance with the provisions of Section 9820.SECTION 9316. MIXED-USE ZONE.Section 9316.02. Intent and Purpose.The intent and purpose of the Mixed-Use Zone is to:(A)(B)(C)(D)Encourage mixed-use buildings with retail, office, service, and/or other uses on theground floor and residential units above the nonresidential space;Encourage development that exhibits the physical design characteristics of pedestrianoriented,storefront-style shopping streets that creates a more active and vibrant streetlife;Strengthen the City’s economic base, and provide employment opportunities close tohome for residents of the City; andPromote the health and welfare of City residents by encouraging physical activity,reducing vehicular traffic, encouraging alternative transportation where possible, andpromoting greater social interaction.9.3-27

MUNICIPAL CODE ARTICLE IX – LAND USE9316.04 9316.04Section 9316.04. Mixed-Use Zone Use Regulations.(A)(B)(C)(D)Table 9.3.8 identifies the uses permitted in each Mixed-Use Zone. If a use is notspecifically listed on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.8 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.8.ResidentialTable 9.3.8Mixed-Use Zone Use RegulationsUse M-U Notes and ExceptionsApartmentsPCondominiumsPFamily day care home, childlarge (9-14)small (8 or fewer)CPHome occupations P Subject to Section 9408Multi-family dwellingsPResidential care facilitylarge (7-14)small (6 or fewer)CPSenior citizen housing development C Subject to Section 9418Mixed-UseMixed-use buildings and developmentCommercialAnimal sales and servicesanimal salesboarding/kennelsfeed and suppliesgroominghospitals/veterinaryPPNPPPPAntique and collectible stores P Objects more than 40 years oldBakeries P Wholesale excludedBars and nightclubs C Accessory uses such as billiards, pool tables, darts, and gamemachines are also allowedCommercial recreationC9.3-28

MUNICIPAL CODE ARTICLE IX – LAND USE9316.06 9316.06Table 9.3.8 (continued)Mixed-Use Zone Use RegulationsUse M-U Notes and ExceptionsFinancial services P Drive-thru or ATM requires a Conditional Use Permit (C) inany zoneCultural institutionsCHotelPKiosksPermanentTemporary or semi-permanentCCLaboratoriesCLaundryLimitedUnlimitedPNPLiquor stores and other off-sale alcohol CestablishmentsLive/work unitCOfficesBusiness and professionalPDoes not include new and/or used vehicle brokers orwholesale officesMedical and dentalPParking – surface and structureCRestaurants, cafes, coffee establishmentswith alcohol salesPCOutdoor seating/dining areas are subject to Site Plan Reviewin accordance with Section 9820.with drive-thruwith live entertainmentNPCRetail sales, newPRetail sales, used C Excludes pawnshopsPublic UsesPublic utilities C Both publicly and privately owned, providing direct service tothe neighborhoodParks and recreational facilitiesReligious, fraternal, or serviceorganizationsSchoolspublicprivateUtility distribution stationsAccessory Uses and Structures, andOther UsesAccessory living quartersCCPCPIncludes churches, synagogues, temples, monasteries, andother places of religious worship and other fraternal andcommunity organizationsIncludes elementary, middle or junior, and high schools onlyPDomestic animals P Not more than three (3) domestic animals are permitted (P)per residential dwelling unit except that newborn and babyanimals up to four (4) months shall not be counted.Small wind energy systemsCWireless communication facilities C Subject to Section 9426P = PermittedNP = Not PermittedC = Conditional Use Permit required (subject to Section 9824).9.3-29

MUNICIPAL CODE ARTICLE IX – LAND USE9316.06 9316.06Section 9316.06. Mixed-Use Zone Property Development Standards.(A)Specific Development StandardsTable 9.3.9 identifies the development standards for the Mixed-Use Zone.Table 9.3.9Mixed-Use Zone Property Development StandardsZoneDevelopment StandardMULot area - minimum (square feet) 7,500Lot width - minimum (feet)NRLot depth - minimum (feet)NRFloor area ratio 4.0Residential density - maximum24 du/acBuilding height - maximum (feet) a 75 feet or 5 stories, whichever is lessYard setbacks - minimum (feet)frontNRrearabutting a residential zone 20abutting nonresidential zone NRsideinteriorabutting a residential zone 20abutting a nonresidential zone NRstreetNRBuilding separation - minimum (feet) NRAir conditioning, mechanical roof and Subject to Section 9504utility equipmentEnvironmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 of Article IV ofthis CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Trash enclosure Subject to Section 9528Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426Notes:NR = No Requirementdu/ac = dwelling unit per acreaWhen abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply inaccordance with Section 9534.24.9.3-30

MUNICIPAL CODE ARTICLE IX – LAND USE9316.06 9316.06(B)General Development Standards(1) Site Plan ReviewSite Plan Review for all new permitted structures and site improvements is requiredin the Mixed-Use Zone in accordance with the provisions of Section 9820.(2) Transparencya. For ground floor retail uses, a minimum of sixty (60) percent of the streetfacingbuilding façade between two (2) feet and eight (8) feet in heightmust be composed of clear windows that allow unobstructed views ofindoor space or product display areas.b. The bottom of any window or product display window used to satisfy thetransparency standard may not be more that three (3) feet above theadjacent sidewalk.(3) Doors and Entrancesa. Buildings shall have a primary entrance door facing a public sidewalk.Entrances at building corners may be used to satisfy this requirement.b. Building entrances may include doors to individual shops or businesses,lobby entrances, entrances to pedestrian-oriented plazas, or courtyardentrances to a cluster of shops or businesses.(4) Conduct of UsesBusinesses which require an open sales, service, and/or display area may bepermitted subject to approval by the City Planner. Outdoor activities and storageuses shall be screened from the public view by a solid decorative masonry wall oropaque ornamental fence not less than seven (7) feet in height. No chain-linkfences are allowed. Displays and storage shall not exceed the height of thepermitted fence.(5) Outdoor DiningNotwithstanding the provisions of the preceding paragraph, restaurants, cafes,coffee establishments and other eating establishments may have an outdooreating/dining area, subject to approval of a Site Plan Review by the Commission.Outdoor eating areas shall be enclosed by a solid decorative masonry wall ordecorative ornamental wrought iron fence not less than forty-two (42) inches in9.3-31

MUNICIPAL CODE ARTICLE IX – LAND USE9316.08 9316.08height that does not impede pedestrian movement, ADA access, or access toadjacent properties. No chain-link fences are allowed.(6) Open SpaceResidential mixed-use development shall provide open space in accordance withthe provisions of Section 9312.08(B)(8). Green roofs, plazas, and courtyards maypartially fulfill open space requirements as determined appropriate by theCommission through the Site Plan Review process in accordance with theprovisions of Section 9820.Section 9316.08. Mixed-Use Zone Performance Standards.(A)PurposeThe purpose of this section is to ensure that residential uses in the mixed-use zone are notadversely impacted by the adjacent commercial uses, including, but not limited to traffic,noise, and safety impacts. In the interests of both the residents and the businesses, nomixed-use project combining residential and commercial uses on the same site shall beapproved unless the project is designed to meet the following performance standards, inaddition to all other applicable regulations of this article.(B)Noise(1) Residential units shall be constructed so that interior noise levels do not exceed 45dB(A) CNEL in any habitable room.(2) Commercial uses shall be designed and operated, and hours of operation limitedwhere appropriate, so that neighboring residents are not exposed to offensivenoise, especially from traffic or late-night activity. No amplified music shall beaudible to neighboring residents.(3) Common walls between residential and nonresidential uses shall be constructed tominimize the transmission of noise and vibration.(C)Security(1) The residential units shall be designed to ensure the security of residents,including, but not limited to, the provision of separate and secured entrances andexits that are directly accessible to secured parking areas.(2) Nonresidential and residential uses located on the same floor shall not havecommon entrance hallways or common balconies.9.3-32

MUNICIPAL CODE ARTICLE IX – LAND USE9318 9318.02(3) Parking spaces for nonresidential and residential uses shall be specificallydesignated by posting, pavement marking, and/or physical separation.(D)Lighting(1) All outdoor lighting associated with commercial uses shall be designed so as notto adversely impact surrounding residential uses, while also providing a sufficientlevel of illumination for access and security purposes. Such lighting shall notblink, flash, oscillate, or be of unusually high intensity or brightness.(2) Parking areas shall be illuminated so as to provide appropriate visibility andsecurity during hours of darkness.(E)Odors, Dust, VibrationNo commercial use shall be designed or operated so as to expose residents to offensiveodors, dust, electrical interference, and/or vibration.(F)Solid Waste Storage and LocationThe residential units shall maintain a separate refuse storage container from that used bythe commercial uses. It shall be clearly marked for residential use only and use bycommercial uses is prohibited.(G)Green RoofsPerformance standards for green roofs shall be required through the Site Plan Reviewprocess in accordance with the provisions of Section 9820.SECTION 9318. MANUFACTURING ZONES.Section 9318.02. Intent and Purpose.(A)The intent and purpose of these Manufacturing Zone regulations is to:(1) Provide appropriately located areas consistent with the General Plan for a broadrange of manufacturing and service uses;(2) Strengthen the City’s economic base, and provide employment opportunities closeto home for residents of the City and surrounding communities;(3) Minimize the impact of manufacturing uses on adjacent residential andcommercial districts.9.3-33

MUNICIPAL CODE ARTICLE IX – LAND USE9318.04 9318.04(B)Purpose of the M-1 ZoneThe M-1 Zone is intended to provide an orderly development and grouping together oflight manufacturing uses in harmony with each other and the rest of the community. Theprovisions of this zone are designed to ensure that such uses will be protected frominharmonious uses and to minimize the undesirable effects of heavy traffic or otheroperating characteristics.(C)Purpose of the M-2 ZoneThe M-2 Zone is intended to provide for the orderly development of generalmanufacturing, research and development, wholesale and distribution, warehousing, andother compatible uses within the community. The provisions of this zone are intended toensure that industrial development will be protected from intrusion by inharmonious uses,that it will be provided with adequate space and accessory facilities, and that abuttingnonindustrial areas will be protected from potential conflicts with industrial development.Section 9318.04. Manufacturing Zones Use Regulations.(A)(B)(C)(D)Table 9.3.10 identifies the uses permitted in each Manufacturing Zone. If a use is notspecifically listed on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.10 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.10.Table 9.3.10Manufacturing Zones Use RegulationsUse M-1 M-2 Notes and ExceptionsManufacturing UsesElectronics P P Includes electrical and related parts, appliances,devices, engines, motors, televisions, radiosFood products P P Includes ice; excludes lard, pickles, sausage,sauerkraut, and vinegarInstruments P P Includes electronic, medical and dental tools,precision, measuring9.3-34

MUNICIPAL CODE ARTICLE IX – LAND USE9318.04 9318.04Table 9.3.10 (continued)Manufacturing Zones Use RegulationsUse M-1 M-2 Notes and ExceptionsOffice and related machinery P P Includes audio and visual machinery, computersPharmaceuticals P P Includes cosmetics, drugs, perfumes, toiletriesLaboratories P P Includes medical, dental, researchFinished products P P From the following product types: canvas, clay,cloth, cork, felt, glass, leather, paper, plaster, plastics,stones, textiles, wood, and yarnsHeavy manufacturing NP C Includes asphalt and products; brick tile and terracotta (clay); babbit metal; bleaching powder; buildingblocks; celluloid; concrete and productsServicesAdult businesses C C Subject to Section 9402Appliance repairs and service P PAnimal sales and servicesanimal salesboarding/kennelsfeed and suppliesgroominghospitals/veterinaryPCPPPPCPPPAuction house C CAutomobile rental C CAutomobile, light truck, and motorcycle P PrepairBlueprint and photocopy services P PCarpet and rug cleaning P PCatering establishments C CCold storage plants C CCleaning and dyeing P PElectroplating C CFinancial services P P Drive-thru or ATM requires a Conditional Use Permit(C) in any zoneFreight terminals (truck terminals) C CFumigation contractors P PKioskspermanenttemporary or semi-permanentLaundrieslimitedunlimitedCCCCPPPPMachine shops and tool repair P PMetal Fabrication P P Requires Conditional Use Permit (C) if within twohundred (200) feet of a residential zoneNewspaper printing and publishing P POfficesbusiness and professionalmedical and dentalP PC CPest control operators and services P PDoes not include new and/or used vehicle brokers orwholesale offices9.3-35

MUNICIPAL CODE ARTICLE IX – LAND USE9318.04 9318.04Table 9.3.10 (continued)Manufacturing Zones Use RegulationsUse M-1 M-2 Notes and ExceptionsPlumbing, electrical, mechanical shops and P PservicesPrinting, engraving, lithographing, and P PpublishingPublic scales P PRecycling collection center C CRefrigeration repairs and services P PRestaurants, cafes, coffee establishmentswith alcohol saleswith drive-thruwith live entertainmentPCCNPPCCNP9.3-36Subject to Section 9406 if drive-thru facilities areprovided.Outdoor seating/dining areas are subject to Site PlanReview in accordance with Section 9820.Rug cleaning plants P PService stations C C Automobile and truckSilk screening P PSwap meets and flea markets P PTechnical, trade, or vocational schools P PTire retreading NP PWholesale, Storage, Distribution, and Warehouse Use(Businesses using compressors and fixed motorized equipment require a Conditional Use Permit)Parcel delivery terminals P PRefrigeration plant P PSelf-storage, mini-storage, mini-warehouse C C Subject to Section 9416and recreational vehicle storageStorage facilities P PStorage yards P P Includes building materials, fleet storage, lumberyards, machinery rental, trucking yards and terminals,transit storage, road equipmentWarehouse P P Flammable, chemical, or other hazardous materialstorage requires Fire Department approvalWholesale offices for automobiles,C Cmotorcycles, and trucksWholesale brokers, jobbers, dealers, P Pdistributors, warehouses, storageLimited Location Uses:Must be located at least two hundred (200) feet or greater from Residential ZoneAssembly plants P PAutomobile and truck paint and body P PBakeries P PBottling plants and bottle making P PCan manufacturing P PCesspool manufacture and sales NP PCrate manufacturing and sales P PFoundries, aluminum (electric or low NP Ppressure)Furniture manufacturing and assembly P PMachine shops P PRubber processing NP P Raw rubber melting not allowed

MUNICIPAL CODE ARTICLE IX – LAND USE9318.06 9318.06Table 9.3.10 (continued)Manufacturing Zones Use RegulationsUse M-1 M-2 Notes and ExceptionsSoft drink manufacture and bottling NP PTruck and trailer repair P PCement bulk storage silos NP P Must be located five hundred (500) feet or greaterfrom Residential ZoneDairy product manufacturing andwarehousingNP P Manufacturing must be located five hundred (500)feet or greater from Residential ZoneOther UsesAmbulance service C CAuto wrecking yards NP CBlast furnaces NP CBoiler shops or services NP CDrop hammers NP CUtility distribution stations P P Includes transmission substationsElectrical generating stations NP C Includes transmission substations, energy supportfacilities, fuel cells, microwave radio stationsFabrication requiring semi-open operations NP CFireworks stands P PForges and foundries NP CGranite and marble grinding NP CHumane society (pounds) P PJunk yards NP CLumber mills NP CMaterials recovery facilities NP C For waste sorting and processingMotion picture production P PParking – surface and structure P PPublic utilities C CPunch presses NP CRecycling processing center NP CSandblasting plants NP CSmall wind energy systems C CTelevision and radio stations P PWireless communication facilities C C Subject to Section 9426P = PermittedNP = Not PermittedC = Conditional Use Permit required (subject to Section 9824).Section 9318.06. Manufacturing Zones Property Development Standards.(A)Specific Development StandardsTable 9.3.11 identifies the development standards for all of the Manufacturing Zones.9.3-37

MUNICIPAL CODE ARTICLE IX – LAND USE9318.06 9318.06Table 9.3.11Manufacturing Zone Property Development Standards9.3-38ZoneDevelopment StandardM-1 M-2Lot area - minimum (square feet) 20,000 40,000Lot width - minimum (feet) NR NRLot depth - minimum (feet) NR NRLot coverage - maximum (percent) NR NRBuilding height - maximum (feet orstories, whichever is less) a 45 feet or 3 stories 45 feet or 3 storiesYard setbacks - minimum (feet)frontrearabutting a residential zoneabutting nonresidential zonesideinteriorabutting a residential zoneabutting a nonresidential zonestreet10462046NR10Building separation - minimum (feet) 20 20Air conditioning, mechanical roof, and Subject to Section 9504utility equipmentEnvironmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 of Article IV of this CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Trash enclosure Subject to Section 9528Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426VibrationRadioactivity and electrical disturbancesFire and explosion hazards10462046NR10Every use shall be so operated that the ground vibration inherentlyand recurrently generated is not perceptible, without instruments, atany point on any boundary line of the lot on which the use is located.Subject to Section 9516.Devices which radiate radio-frequency energy shall be so operated asnot to cause interference with any activity carried on beyond theboundary lines of the property upon which the device is located.All storage of, and activities involving, inflammable and explosivematerials shall be provided with adequate safety devices against thehazard of fire and explosion and with adequate fire-fighting and firesuppressionequipment and devices to the standards of the FireDepartment. All incineration shall be prohibited. See Section 9518of this article for fireworks.Notes:aWhen abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordancewith Section 9534.24.NR = No Requirement

MUNICIPAL CODE ARTICLE IX – LAND USE9320 9320.02(B)General Development Standards(1) Conduct of UsesAll uses shall be conducted entirely within a completely enclosed building.Outdoor activities and storage may be permitted provided such activities andstorage are screened from the public view by a solid decorative masonry wall oropaque ornamental fence which shall not exceed ten (10) feet in height. Suchuses shall not extend above the wall or fence. No chain-link fences are allowed.Businesses which require open sales and display areas may be permittedmodifications from this requirement when approved by the City Planner.(2) Outdoor StorageThe outdoor storage of materials, products, waste products, and constructionmaterials shall be prohibited between the front of the principal building orbuildings and the public street which abuts the principal building or buildings.Any such exterior storage elsewhere on the property shall be screened by fencingor landscaping treatment in such a manner that such storage shall not be visiblefrom any abutting Residential or Commercial Zone, public street, or public land.No materials or wastes shall be deposited upon a subject lot in such form ormanner that they may migrate or be transferred off the lot by natural causes orforces. Wastes which might cause fumes or dust, which constitute a fire hazard,or which may be edible by, or otherwise be attractive to, rodents or insects shallbe stored only in closed containers in required enclosures.(3) ShowroomsWarehouses are permitted to have showrooms and customer display areas,provided the showroom or display area does not exceed ten (10) percent of thegross floor area of the tenant space.(4) Site Plan ReviewSite Plan Review for all new permitted structures and site improvements is requiredin all Manufacturing Zones in accordance with the provisions of Section 9820.SECTION 9320. PUBLIC ZONE.Section 9320.02. Intent and Purpose.The intent and purpose of these Public Zone regulations is to:9.3-39

MUNICIPAL CODE ARTICLE IX – LAND USE9320.04 9320.04(A)(B)Encourage orderly and harmonious development of public facilities.Provide adequate space to meet the needs of public facilities, including off-street parkingand loading.Section 9320.04. Public Zone Use Regulations.(A)(B)(C)(D)Table 9.3.12 identifies the uses permitted in the Public Zone. If a use is not specificallylisted on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.12 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.12.Table 9.3.12Public Zone Use RegulationsUse P Notes and ExceptionsAgriculturalCCemeteriesCConvalescent hospitals/nursing homes C Public owned onlyCultural InstitutionsCDay care centerCEating and drinking establishments C Incidental to the operation of publicrecreational facilities or culturalinstitutions; no drive-thru facilitiesallowed; sale of alcoholic beveragesrequire a Conditional Use Permit (C)Golf courses and driving rangespublicprivatePNPHospitals C Public owned onlyKioskspermanenttemporary or semi-permanentMaintenance buildings and facilities, publicOpen spaceParking – surface and structureNPCPPC9.3-40

MUNICIPAL CODE ARTICLE IX – LAND USE9320.06 9320.06Table 9.3.12 (continued)Public Zone Use RegulationsUse P Notes and ExceptionsParks and recreational facilitiesPPublic utility uses P Both publicly and privately owned;excludes business officesPublic buildings and facilities P Libraries, governmental buildings, policeand fire stationsSchoolspublicPIncludes elementary, middle or junior,and high schools onlyprivateCSmall wind energy systemsCSpecial events P Subject to Section 9420Swap meets P Permitted (P) on the grounds of publicschool facilities on weekends onlyUtility distribution stationsPWireless communication facilities C Subject to 9426P = PermittedNP = Not PermittedC = Conditional Use Permit required (subject to Section 9824).Unless a use is specifically identified, it is not permitted in the zone.Section 9320.06. Public Zone Property Development Standards.(A)Specific Development StandardsTable 9.3.13 identifies the development standards for the Public Zone.Table 9.3.13Public Zone Property Development StandardsDevelopment StandardLot area - minimum (square feet)Lot width - minimum (feet)Lot depth - minimum (feet)Lot coverage - maximum (percent)Building height - maximum (feet)Yard setbacks - minimum (feet)front, rear, and sideBuilding separation - minimum (feet)Air conditioning, mechanical roof, and utilityequipmentZonePNRNRNRNR45 feet or 3 stories, whichever is lessAll buildings and structures shall be set back from all propertylines a distance equal to or greater than the height of thebuildings or structure, unless regulated through a ConditionalUse Permit.NRSubject to Section 95049.3-41

MUNICIPAL CODE ARTICLE IX – LAND USE9322 9322.02Development StandardTable 9.3.13 (continued)Public Zone Property Development StandardsEnvironmental protection standards Subject to Section 9516Graffiti controlZoneSubject to Section 4960 of Chapter 10 of Article IV of thisCodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Trash enclosure Subject to Section 9528Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426NR = No RequirementP(B)General Development Standards(1) Site Plan ReviewSite Plan Review for all new permitted structures and site improvements isrequired in the Public Zone in accordance with the provisions of Section 9820.SECTION 9322. OPEN SPACE ZONE.Section 9322.02. Intent and Purpose.The intent and purpose of the Open Space Zone is to:(A)(B)Provide for permanent open space in the community by limiting development in areaswhich are so located, or having a configuration, or possessed of such geologic featuresthat the residential or other structural use of the land might endanger the health, safety,and welfare of residents from possible flood, fire, subsidence, or erosion.Prevent incompatible development in areas that should be preserved or regulated forscenic, recreational, conservation, aesthetic, or health and safety purposes.9.3-42

MUNICIPAL CODE ARTICLE IX – LAND USE9322.04 9322.04Section 9322.04. Open Space Zone Use Regulations.(A)(B)(C)(D)Table 9.3.14 identifies the uses permitted in the Open Space Zone. If a use is notspecifically listed on the table then said use shall be deemed as Not Permitted.Uses that require a Conditional Use Permit are subject to the review requirements andconditions contained in Section 9824.The “notes and exceptions” column of Table 9.3.14 indicates more precisely the useregulations for specific uses or operating characteristics. The notes and exceptions mustbe reviewed in conjunction with the other information for the class of use.Certain permitted uses and uses requiring a Conditional Use Permit may be subject tospecial conditions regarding location, operation, or the design of the use. The sections ofthis article governing these uses are identified in the “notes and exceptions” column ofTable 9.3.14.Table 9.3.14Open Space Zone Use RegulationsUse O-S Notes and ExceptionsAccessory uses and structures C Construction of any permanent structure incidentalto the permitted (P) use; excludes any dwellingsAgriculturalPCampgrounds C Includes both public and private facilitiesCommercial recreationCCemeteriesCEating and drinking establishments C Incidental to the operation of public and privaterecreational facilities; No drive thru facilitiesallowed; Sale of alcoholic beverages require aConditional Use Permit (C)Golf courses and driving rangespublicprivatePCMaintenance buildings and facilitiesCOpen spacePParks and recreational facilitiesPParking – surface and structureCPublic buildings and facilities C Libraries, governmental buildings, police and firestations,Public utility uses C Both publicly and privately owned; excludesbusiness officesRiding academies and stables with boarding of horses C Incidental to the operation of public and privaterecreational facilitiesSmall wind energy systemsCWireless communication facilities C Subject to Section 9426P = PermittedC = Conditional Use Permit required (subject to Section 9824).Unless a use is specifically identified, it is not permitted in the zone.9.3-43

MUNICIPAL CODE ARTICLE IX – LAND USE9322.06 9322.06Section 9322.06. Open Space Property Development Standards.(A)(B)Specific Development StandardsGeneral Development Standards(1) Site Plan ReviewSite Plan Review for all new permitted structures and site improvements is requiredin the Open Space Zone in accordance with the provisions of Section 9820.Table 9.3.15 identifies the development standards for the Open Space Zone.Table 9.3.15Open Space Zone Property Development StandardsZoneDevelopment StandardO-SLot area - minimum (square feet)NRLot width - minimum (feet)NRLot depth - minimum (feet)NRLot coverage - maximum (percent)NRBuilding height - maximum (feet)30 feet or 2 stories, whichever is lessYard setbacks - minimum (feet)front20rearabutting a residential zone46abutting nonresidential zone20sideinteriorabutting a residential zone46abutting a nonresidential zoneNRstreet20Building separation - minimum (feet) 20Air conditioning, mechanical roof, and utility equipment Subject to Section 9504Environmental protection standards Subject to Section 9516Graffiti controlSubject to Section 4960 of Chapter 10 ofArticle IV of this CodeLandscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Off-street parking and loading Subject to Chapter 7Signs Subject to Chapter 6Site plan review Subject to Section 9820Trash enclosure Subject to Section 9528Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426NR = No Requirement9.3-44

MUNICIPAL CODE ARTICLE IX – LAND USE9324 9324.04SECTION 9324. PLANNED UNIT DEVELOPMENT OVERLAY ZONE.Section 9324.02. Intent and Purpose.The intent and purpose of the Planned Unit Development Overlay Zone is to provide greaterflexibility in the application of land planning concepts. A Planned Unit Development (PUD)may include a combination of different residential dwelling types and a variety of land uses thatare compatible with existing and proposed land uses in the vicinity. A PUD shall meet theobjectives of the General Plan and this article, and encourage innovative site planning in keepingwith the following principles:(A)(B)(C)The encouragement of a more desirable living environment through application ofmodern site planning techniques which are not generally available through strictapplication of conventional zoning and subdivision regulations.The arrangement of buildings, streets, and landscaped areas in a more functional andvisually satisfying pattern.The development of a more interesting and varied project in accordance with a detailedcomprehensive plan encompassing such elements as the design and location of structures,the circulation pattern, parking facilities, landscaping, open space, and utilities, togetherwith a program for provision, operation and maintenance of all areas, improvements,facilities and services provided for the common use of the persons occupying theproperty.Section 9324.04. Applicability.(A)(B)A PUD may be located in any zone. The zone with which the Planned Unit DevelopmentOverlay Zone is combined shall be the base zone. The PUD Overlay Zone shall beshown on the Zoning Map by adding PUD to the zone (e.g., R-2 (PUD), R-3 (PUD),etc.).Whenever any PUD application encompasses more than one base zone, the followingshall apply:(1) The permitted uses and the development standards for each base zone shall beapplicable within the boundaries of each zone;(2) The City Planner may allow intermixing of development and use standardsbetween zone boundaries if the development standards and the permitted uses donot exceed those which would be permitted if the land area of each zone weredeveloped separately.9.3-45

MUNICIPAL CODE ARTICLE IX – LAND USE9324.06 9324.08(C)Where a conflict in regulations occurs, the regulations specified in this section shallapply.Section 9324.06. Planned Unit Development Permit Required.Planned Unit Developments require a PUD permit and may be approved in accordance with theprocedures established in Section 9822.Section 9324.08. Development Standards.The following standards shall apply to PUDs:(A)Site AreaThere shall be five (5) or more acres of land within the site to be developed.(B)Yard RequirementsNo structure shall be located closer to the project perimeter line than a distance equal tothe height of such structure, and no structure shall be located closer to any dedicatedstreet line than ten (10) feet, plus five (5) feet for each floor of such structure in excess oftwo (2) stories.(C)Distance Between BuildingsThe minimum distance between any two (2) adjacent buildings or structures shall beequal to one-half (½) the aggregate height of the two (2) buildings or structures.(D)Building ArticulationIn areas where town house developments are proposed, no continuous group of dwellingsshall exceed fifty (50) feet in any dimension without articulation.(E)Land Area Per UnitThe land area required per unit, which is owned in fee by individuals, may be waived bythe Commission in those instances where common open space has been provided asrequired in this article, except that:(1) Each single-family detached unit shall occupy parcels of land not less than fivethousand (5,000) square feet in area with a minimum average width of not lessthan fifty (50) feet; and9.3-46

MUNICIPAL CODE ARTICLE IX – LAND USE9324.08 9324.08(2) Each individual town house unit shall occupy parcels of land not less than onethousand six hundred (1,600) square feet in area with a minimum average widthof not less than twenty (20) feet.(F)DensityA PUD shall not exceed the density of the base zone(s) in which it is located. When aPUD contains two or more general plan land use designations, the density of the PUDmay not be transferred from one general plan designation to another without a GeneralPlan Amendment.(G)Residential Density IncentiveRefer to Section 9512 for residential density incentive programs.(H)Local AccessNothing in this section shall cause the waiver of street requirements established in theMunicipal Code. However, PUDs may be served by private streets or alleys that varyfrom the requirements for dedicated streets if, in the judgment of the Commission, suchwaiver is in conformity with the provisions of this article. All streets or alleys may berequired to be dedicated to the City. Paved private streets or alleys, exclusive ofpedestrian walkways, shall be at least:(1) Twenty (20) feet wide for one-way traffic when parking is prohibited by postedsigns.(2) Twenty-four (24) feet wide for two-way traffic when visitor parking is providedin specially designed bays outside of the right-of-way and parking on the accessway is prohibited by posted signs.(3) Forty (40) feet wide for two-way traffic when parking is allowed on both sides.(I)Trash and Garbage PickupAll areas set aside for storage and pickup of trash and garbage shall be completelyscreened in accordance with Section 9528. Said areas shall be sited in a mannerconvenient to the residents which they are intended to serve.(J)Building Height LimitsBuilding heights above the limits imposed in the zone, up to a ten (10) percent increase,in which the PUD is located shall be permitted if the Commission determines thatadditional height furthers the objectives of this article.9.3-47

MUNICIPAL CODE ARTICLE IX – LAND USE9326 9326.06(K)Open SpaceOpen space for PUDs shall meet the requirements of the base zone.(L)Miscellaneous(1) Property storage areas shall be required within each garage or carport and shallcontain a minimum of one hundred (100) cubic feet per residential unit.(2) When streets of less than standard roadway widths are approved, any resultingreduction of normal on-street parking spaces shall be wholly compensated for byproviding an equal number of additional off-street parking spaces.(3) Masonry walls with a height not less than five and one-half (5½) feet or more thanseven (7) feet shall be required on perimeter property lines, excluding propertylines abutting public streets.(4) Second-story portions of buildings shall not extend for more than five (5) feetover required open space.SECTION 9326. DOWNTOWN PLAN OVERLAY ZONE.Section 9326.02. Intent and Purpose.The intent and purpose of the Downtown Plan Overlay Zone is to implement the DowneyDowntown Plan.Section 9326.04. Applicability.The Downtown Plan Overlay Zone is applicable to the areas identified in the DowneyDowntown Plan generally bounded by Fifth Street to the north, Brookshire Avenue to the east,the Southern Pacific Railroad to the south, and Paramount Boulevard to the west.The Downtown Plan Overlay Zone may be combined with any zone. The zone with which theDowntown Plan Overlay Zone is combined shall be the base zone. The Downtown Plan OverlayZone shall be shown on the Zoning Map by adding D-P to the zone (e.g., R-3 (D-P), C-2 (D-P),M-U (D-P) etc.).Section 9326.06. Use Classifications and Development Regulations.The use classifications and the development regulations for the Downtown Plan Overlay Zoneshall be those identified in the Downey Downtown Plan.9.3-48

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 4REGULATIONS FORSPECIAL USES AND STRUCTURES

MUNICIPAL CODE ARTICLE IX – LAND USE9402 9402.04CHAPTER 4 – REGULATIONS FOR SPECIAL USES AND STRUCTURESCHAPTER CONTENTSSECTION 9402. ADULT BUSINESSES.SECTION 9404. AUTOMOBILE, MOTORCYCLE, AND LIGHT TRUCK SALES.SECTION 9406. DRIVE-IN BUSINESSES.SECTION 9408. HOME OCCUPATIONS.SECTION 9410. NONCONFORMING USES, BUILDINGS, AND STRUCTURES.SECTION 9412. MOTELS.SECTION 9414. SECOND UNIT DEVELOPMENTS.SECTION 9416. SELF STORAGE, MINI-STORAGE, MINI-WAREHOUSE, ANDRECREATIONAL VEHICLE STORAGE.SECTION 9418. SENIOR CITIZEN HOUSING DEVELOPMENTS.SECTION 9420. SPECIAL EVENTS.SECTION 9422. CONVALESCENT HOSPITALS AND NURSING HOMES.SECTION 9424. TEMPORARY USES AND STRUCTURES.SECTION 9426. WIRELESS COMMUNICATION FACILITIES.SECTION 9402. ADULT BUSINESSES.Section 9402.02. Intent and Purpose.It is the intent and purpose of this ordinance to provide for the reasonable and uniform regulationof adult businesses in the City of Downey. The City recognizes that the concentration of certainadult businesses tends to result in blighting and deterioration in the areas in which they arelocated, as well as adjacent sensitive areas. The City also recognizes that adult businesses areafforded constitutional protection as protected speech under the First Amendment of the UnitedStates Constitution and Article 1 of the California Constitution. As such, special zoningregulations applicable to adult businesses are necessary to protect the visibility of the City’sresidential, commercial, and industrial areas, without discriminating against the free speechrights afforded to adult businesses.Section 9402.04. Definitions.In addition to the definitions contained in the Downey Municipal Code, the following words andphrases shall, for the purposes of this ordinance, be defined as follows, unless it is clearlyapparent from the context that another meaning is intended. Should any of the definitions be in9.4-1

MUNICIPAL CODE ARTICLE IX – LAND USE9402.04 9402.04conflict with the current provisions of the Downey Municipal Code, the definitions containedherein shall prevail:(A)(B)(C)(D)(E)(F)(G)Adult Arcade: Any commercial establishment where coin or slug operated orelectronically, electrically, or mechanically controlled amusement devices, still or motionpicture machines, projectors, or other image-producing devices are maintained to showimages on a regular or substantial basis, where the images so displayed are distinguishedor characterized by an emphasis on specified sexual activities or specified anatomicalareas.Adult Business or Adult Use: Any business which (1) consists entirely or partially ofactivities which are conducted exclusively for the patronage of adults, and as to whichminors are specifically excluded from patronage, either by law or by the operators ofsuch business; and (2) depicts, describes, and/or displays in any manner for its patronsand/or guests specified anatomical areas and/or specified sexual activities, but notincluding those uses or activities the regulation of which is preempted by State law.Adult Businesses include, but are not limited to, adult arcades, adult cabarets, adult dancestudios, adult motels or hotels, adult specialty shops, adult theaters, figure modelingstudios, and/or sexual encounter centers.Adult Cabaret: Any nightclub bar, or other commercial establishment, whether or notserving alcoholic beverages, which features live performances by topless and/orbottomless dancers, go-go dancers, exotic dancers, strippers, wrestlers, and/or similarentertainers and such performances are distinguished or characterized by an emphasis onspecified sexual activities or specified anatomical areas.Adult Dance Studio: Any commercial establishment which provides for members of thepublic, a partner for dance, where the partner exposes specified anatomical areas or thedance is distinguished or characterized by an emphasis on specified sexual activities.Adult Motel or Hotel: Any motel or hotel, as defined in the Downey Municipal Code,that rents rooms for ten (10) hours or less.Adult Specialty Shop: Any commercial establishment having as twenty (20) percent ormore of its stock in trade, material on display or available for sale or rent or for viewingon the premises which is distinguished or characterized by its emphasis on matterdepicting, describing, or relating to specified sexual activities or specified anatomicalareas.Adult Theater: Any theater or other commercial establishment, with or without a stageor proscenium, which is used for presenting, on a regular and substantial basis, materialwhich is distinguished or characterized by an emphasis on matter depicting, describing,or relating to specified sexual activities or specified anatomical areas.9.4-2

MUNICIPAL CODE ARTICLE IX – LAND USE9402.04 9402.04(H)(I)(J)(K)Figure Modeling Studio: Any commercial establishment which provides for membersof the public the services of a live human model for the purpose of reproducing thehuman body, wholly or partially in the nude, by means of photograph, painting,sketching, drawing, sculpture, or other pictorial form.Massage Services: Includes any method of treating the soft parts of the human body byrubbing, stroking, kneading, or any other similar treatment, accomplished by hand and/oruse of any instrument, performed by massage practitioners.Massage Practitioner: Any person who administers massage services and is licensed bya Professional Massage/Somatic Association.Professional Massage/Somatic Association: An association meeting each of thefollowing requirements:(1) Has tax-exempt status pursuant to Section 501(c) of the Internal Revenue Code;(2) Requires that its members meet minimum educational requirements, includingparticipation in at least five hundred (500) classroom hours in the study ofanatomy, physiology, hygiene, sanitation, massage theory and practice, and ethicsof massage practices;(3) Offers and encourages participation in continuing education programs;(4) Has an established Code of ethics and has enforcement procedures for thesuspension and revocation of membership of persons violating the Code of ethics;and(5) Is open to members of the general public meeting the requirements formembership on a national basis, and in fact maintains a membership whichreflects substantial national participation by persons engaged in the practice oftherapeutic massage and is devoted to serving the interests of its members, thepublic, and the profession.(L)(M)Massage Establishment: Any building or structure, or portion thereof, located withinthe City, which is open to members of the general public, at which massage services areoffered by licensed massage practitioners.Material: Means and includes, but is not limited to, products, accessories, books,magazines, periodicals, photographs, prints, drawings, paintings, motion pictures, videotapes, pamphlets, and other similar items, or any combination thereof.9.4-3

MUNICIPAL CODE ARTICLE IX – LAND USE9402.06 9402.06(N)(O)Sexual Encounter Center: Any commercial establishment where two (2) or morepersons may congregate, assemble, or associate for the purpose of engaging in specifiedsexual activities or exposing specified anatomical areas.Specified Anatomical Areas: This definition means:(1) Less than completely and opaquely covered human genitals, pubic region,buttock, or female breast below a point immediately above the top of the areola,to include opaque covering with partial clothing, lingerie, or similar clothing,where such anatomical areas are exposed; or(2) Human male genitals in a discernibly turgid state, even if completely andopaquely covered.(P)Specified Sexual Activities: This definition means:(1) Human genitals in a state of sexual stimulation or arousal; or(2) Actual or simulated acts of human or animal masturbation, sexual intercourse,sodomy, oral or anal copulation, bestiality, pedophilia, necrophilia, flagellation ortorture in the context of a sexual relationship; or(3) Use of excretory functions in the context of a sexual relationship; or(4) Sadomasochism or sexually oriented torture, beating or the infliction of pain; or(5) Fondling or erotic or lewd touching of human genitals, pubic region, buttock, orfemale breast; or(6) Erotic or lewd fondling or touching of, or other contact with, an animal by ahuman being; or(7) Human erection, urination, menstruation, or vaginal or anal irrigation.Section 9402.06. Establishment of Adult Businesses.The establishment of an adult business shall be subject to the following regulations (refer toSection 9816).(A)No adult business shall be established in the City without first obtaining an Adult UsePermit from the Commission, following a public hearing, as set forth in Section 9816.Such Adult Use Permit shall be issued if the applicant and proposed use comply with allconditions and requirements of this section.9.4-4

MUNICIPAL CODE ARTICLE IX – LAND USE9402.06 9402.06The Commission shall make a final determination on the application under this sectionwithin forty-five (45) days of an applicant’s filing with the City of a complete applicationor such application shall thereafter be deemed approved. The decision of theCommission may be appealed by any interested party following the procedures in Section9806. Upon appeal from the decision of the Commission, the Council shall conduct theappeal hearing and render its final decision within forty-five (45) days of the notice ofappeal.(B)(C)(D)(E)The requested use will be consistent with the General Plan of the City, any other adoptedplan of the City, and the adopted plan of any other governmental agency.The proposed site is adequate in size and shape to accommodate the yards, walls, fences,parking and loading facilities, landscaping, and other development features prescribed inthis article or as otherwise required in order to integrate said use with the uses in thesurrounding area.The proposed site is served by highways or streets of sufficient width and improved asnecessary to carry the kind and quantity of traffic that such use would generate.The proposed site is served by other public and private service facilities as required.(F) The requested use at the proposed location will not be located within a five hundred (500)foot radius to any residential zone or other property used for residential purposes(hereinafter “residential zone”). The distance between a requested use and a residentialzone shall be measured between the nearest property line or lease line of the requesteduse and the nearest lot line included within the residential zone, along a straight lineextended between the two (2) points.(G)(H)The requested use at the proposed location will not be located within a one thousand(1,000) foot radius of any other adult business or any other premises holding an on-salelicense issued by the Department of Alcoholic Beverage Control (“licensed premises”).The distance between a requested use and any other adult business or any other licensedpremises shall be measured between the nearest property line or lease line of therequested use and the nearest property line or lease line of the other adult business or theother licensed premises along a straight line extended between the two (2) points.The requested use at the proposed location will not be within one thousand (1,000) feet ofany existing church, park, or educational institution utilized by minors, hereinafter“sensitive use.” The distance between a requested use and a sensitive use shall bemeasured between the nearest property line or lease line of the requested use and thenearest property line or lease line of the sensitive use, along a straight line extendedbetween the two (2) points.9.4-5

MUNICIPAL CODE ARTICLE IX – LAND USE9402.06 9402.06(I)(J)(K)(L)(M)(N)(O)(P)(Q)The requested use otherwise complies with the zoning and other land use regulationsadopted by the City pertaining to the establishment of commercial and industrial uses inthe zone in which the requested use is proposed.The requested use shall not allow any person on the premises to be engaged in specifiedsexual activities or to expose specified anatomical areas, except when such person isengaged in a performance upon a stage that is at least eighteen (18) inches above theimmediate floor level and removed at least six (6) feet from the nearest patron.The requested use shall not allow patrons to give gratuities of any type (money, tips, oranything else of value) to any performer, either directly or indirectly, exceptingindependent vendors or employees relating to the serving of food and/or beverages.The requested use shall not display any material displaying or depicting specified sexualactivities or specified anatomical areas, which would be visible from any location otherthan from within the premises of the requested use.All areas of the requested use, except adult theaters, shall be illuminated at a minimum of1.00 foot-candle (minimum), maintained and evenly distributed at ground level,excluding only those areas shielded by tables and similar obstructions. All indoor areasof the requested use shall be open to public view at all times, with the exception ofrestroom facilities. There shall be no rooms, partitioned areas, booths, or other similarenclosed areas designed for an occupancy of less than twenty (20) persons and aminimum of three hundred (300) square feet (except for required restrooms). All roomswithin the business shall be monitored by employees at all times.The requested use shall provide a security system that visually records and monitors allparking lot areas serving the use.The requested use shall provide security guards, who are State licensed, uniformed, andapproved by the City Police Department, during all hours of operation. The number ofsuch guards so required shall be determined by the Chief of Police based upon areasonable calculation of the need, considering the maximum occupant load of theproposed use.The requested use shall comply with the parking (off-street parking and loading)requirements set forth in this article. The number of parking spaces provided shall be theequivalent of that required for new construction, regardless of the status of the legalnonconforming parking rights of the previous use. Parking lot lighting shall comply withthe standards set forth in this article.The requested use shall not operate between the hours of 10:00 p.m. and 10:00 a.m. of thefollowing day, except as specifically permitted by the terms of an approved Adult UsePermit in accordance with the provisions of Section 9816.9.4-6

MUNICIPAL CODE ARTICLE IX – LAND USE9402.08 9404.04(R)(S)No loudspeakers or sound equipment shall be used by an adult business for theamplification of sound to a level discernable by the public beyond the walls of thebuilding in which such use is conducted or which violates any noise restrictions as maybe adopted by the City.The requested use shall obtain a City Business Tax Certificate and any individualperformer or employee that is an independent contractor or for which the operator of thebusiness collects a fee or receives compensation for permitting the use of the premisesshall also obtain a City Business Tax Certificate.Section 9402.08. Exceptions.This article shall not apply to any of the following businesses or activities:(A)(B)(C)(D)(E)Any massage establishment or massage practitioner as defined in Section9402.04(J)(K)(L) of this chapter.Physicians, surgeons, chiropractors, osteopaths, physical therapists, or acupuncturistswho are duly licensed to practice their respective professions in the State of California,and employees of such licensed professionals while working in the office of, and underthe supervision of, such licensed professional.Electrolysis treatment by a licensed operator of electrolysis equipment.Continuing instruction in martial or performing arts or in organized athletic activities.Barbershops or beauty parlors which offer massage to the scalp, face, neck, or shoulders(only); skin treatments; body wraps; and/or tanning services.SECTION 9404. AUTOMOBILE, MOTORCYCLE, AND LIGHT TRUCK SALES.Section 9404.02. Intent and Purpose.The intent and purpose of this section is to establish additional development regulations for thesale of used automobiles, motorcycles, and light trucks.Section 9404.04. Applicability.These regulations apply to the sale of used automobiles, motorcycles, and light trucks, whichmay be permitted in the C-2, C-3, and C-M Commercial Zones subject to a Conditional UsePermit, in accordance with the procedures set forth in Section 9824. The regulations identifiedin this section are in addition to those that apply to Commercial Zones in Chapter 3. Wherever a9.4-7

MUNICIPAL CODE ARTICLE IX – LAND USE9404.06 9404.06conflict exists between the regulations in this section and another section of this article, the morestringent regulations shall apply.Section 9404.06. Development Standards.(A)Lot AreaA minimum lot area of twenty thousand (20,000) square feet. For lots with multipletenant uses, a minimum of twenty thousand (20,000) square feet shall be provided for theportion of the lot devoted to the sale of used vehicles. A modification of the minimumarea requirement, not to exceed ten (10) percent, may be granted at the discretion of theCommission.(B)Street FrontageA minimum street frontage of sixty (60) feet. For lots with multiple tenant uses, aminimum street frontage of sixty (60) feet shall be provided for the portion of the lotdevoted to the sale of used vehicles.(C)Lot CoverageA maximum of fifty (50) percent of the lot, or portion of lot devoted to the sale of usedvehicles, shall be used for vehicle display.(D)LandscapingA landscape planter, not less than ten (10) feet wide, shall be provided along the front andside street lot lines. Specific landscaping requirements shall be in accordance withSection 9520.(E)Customer and Employee ParkingCustomer and employee parking areas shall be easily accessible and located separatelyform vehicle display areas. Ground markings and signs shall clearly indicate the locationof customer and employee parking.(F)Public Address SystemNo public address systems or other exterior amplified sound systems shall be permitted.9.4-8

MUNICIPAL CODE ARTICLE IX – LAND USE9406 9406.06(G)Decorative Bollards or Wrought Iron FencesDecorative bollards or wrought iron fences may be provided along public rights-of-way.Said bollards or fences shall not be located in the required setback and require approvalof the City Planner.SECTION 9406. DRIVE-IN BUSINESSES.Section 9406.02. Intent and Purpose.These regulations are intended to provide uniform criteria and standards for drive-in businesses,which because of the outdoor nature of their activity and the numerous points of ingress andegress to their sites, are considered unique uses subject to special provisions.Section 9406.04. Applicability.This section shall be applicable to all new construction or businesses and reoccupied premisesand buildings. For the purpose of this section, reoccupied premises and buildings shall mean anypremise or building that has been abandoned or discontinued for a period of one hundred eighty(180) days or more.The property development standards for drive-in businesses, as provided in this section, shallgovern such uses within any zone of the City wherein such use is permitted by the approval of aConditional Use Permit. These standards shall be additional to and supplement those propertydevelopment standards in the zone in which such use is permitted and any conditions for suchuse as may be imposed for a Conditional Use Permit. If there is any conflict between theprovisions of this section and any property development standards for drive-in business uses in aparticular zone, the more restrictive provisions shall apply.Section 9406.06. Approvals.(A)The Commission shall not grant any Conditional Use Permit for a drive-in businessunless the Commission finds that:(1) The proposed use complies with all the requirements set forth for the issuance of aConditional Use Permit;(2) The proposed use will not substantially increase vehicular traffic on any street in aresidential zone;(3) The proposed use will not lessen the suitability of any nearby commercially zonedproperty for commercial use by interfering with pedestrian traffic; and9.4-9

MUNICIPAL CODE ARTICLE IX – LAND USE9406.08 9406.08(4) The proposed use will not create increased traffic hazards to pedestrians whenlocated near a school, church, auditorium, theater, or other place of assembly.(B)The site plan of development to be submitted for review shall include all necessaryinformation as requested by the City Planner.Section 9406.08. Development Standards.The Commission may grant a Conditional Use Permit for a drive-in business in any zone wherethe use is allowed by this article provided the following requirements are met:(A)Development Standards – Unless otherwise provided for within this section, thefollowing additional development standards shall apply:(1) Air Conditioning, Mechanical Roof Equipment, and Elevator Housing. (SeeSection 9504 of this article)(2) Environmental Protection Standards. (See Section 9516 of this article)(3) Landscaping. (See Section 9520 of this article)(4) Lighting. (See Section 9520 of this article)(5) Noise. (See Section 9516 of this article)(6) Off-Street Parking and Loading. (See Chapter 7 of this article)(7) Signs. (See Chapter 6 of this article)(8) Site Plan Review. (See Section 9820 of this article)(9) Solid Waste. (See Section 9528 of this article)(10) Underground Utilities. (See Chapter 5 of Article VII of the Downey MunicipalCode(11) Visibility. (See Section 9520 and 9534 of this article)(12) Walls. (See Section 9520 of this article)9.4-10

MUNICIPAL CODE ARTICLE IX – LAND USE9406.08 9406.08(B)Area RequirementsEvery drive-in business shall be located on a lot having an area of not less than tenthousand (10,000) square feet and a minimum street frontage of not less than one hundred(100) feet.(C)SetbacksFront building setbacks shall be established by the Commission where they are deemednecessary for the safety, welfare, and protection of the abutting property. Other setbacksshall conform to the zone regulations.(D)AccessDriveway entrances may be permitted subject to the following provisions:(1) Two (2) driveways on each street may be permitted, subject to the approval of theDirector of Public Works.(2) The driveway entrance to drive-in businesses shall not be within five (5) feet of acurb return.(3) Community driveways providing reciprocal access between both a drive-inbusiness and shopping center may be provided.(4) The width of driveways at the street property line shall not exceed thirty (30) feet.The width of a common driveway may not exceed thirty-six (36) feet.(5) The center line of a driveway shall be perpendicular to the curb line.(6) The distance between driveways shall be at least twenty-five (25) feet.(E)Decorative Peripheral WallsWhenever a drive-in business abuts property in a residential zone, a decorative brick ormasonry wall not less than six (6) feet in height above the finished grade shall beconstructed; provided, however, the required wall shall not be less than three (3) feet normore than three and one-half (3-½) feet in height abutting the residential front setbackarea. A landscape planter abutting the required wall, not less than four (4) feet in width,shall be constructed in any parking or driveway area. See Section 9520 of this article.9.4-11

MUNICIPAL CODE ARTICLE IX – LAND USE9406.08 9406.08(F)LandscapingIn addition to the landscaping requirements set forth in Section 9520, the followingadditional standards shall apply:(1) A minimum of one hundred fifty (150) square feet of planter area shall beprovided at the street corner between the sidewalk and a line drawn from the edgeof each driveway opening at the intersecting streets.(2) Required planters abutting residential properties shall be planted with treesshrubs, which shall form an uninterrupted screen foliage not less than ten (10) feetno more than fifteen (15) feet in height at planting and which will grow to be notless than fifteen (15) feet no more than twenty (20) feet in height at full growth.(3) An uninterrupted screen hedge shall be planted adjacent to and parallel with anydrive-thru lane. Said hedge shall be planted and maintained at a height of three(3) feet to three and one-half (3-½) feet. The hedge shall not be thorny or spiked,and shall not extend over the sidewalk.(G)Restroom AccessAll restrooms shall take access from the interior of a building. No exterior access torestrooms shall be permitted.(H)Delivery HoursAll deliveries made to businesses abutting residential zones shall be between the hours of7:00 a.m. and 9:00 p.m.(I)Storage and DisplaysLimited storage and displays of merchandise and supplies may be permitted whenapproved by a Conditional Use Permit. No wrecked or salvaged vehicles shall be storedon the property.(J)Trash AreasTrash and discarded or stored objects of any type shall be stored in areas enclosed with asolid decorative masonry or brick wall not less than six (6) feet and not more than eight(8) feet high with adequate solid gates. Storage maintained within the trash area shall notextend above the height of the required wall.9.4-12

MUNICIPAL CODE ARTICLE IX – LAND USE9406.08 9406.08(K)Sale, Lease, and Rental ItemsNo sale, lease, or rental of items, such as trailers, trucks, garden supplies, toys, softdrinks, or cigarettes, except in dispensers within the building, shall be permitted. Theoutside placement of a soft drink dispenser when associated with a water cooling systemmay be approved by the Commission.(L)Hours of OperationWhen operations are in close proximity to residential areas and it is found necessary toestablish guidelines for limitations on the hours of operation, the Commission shallestablish regulations on the merit of each individual application. If a Conditional UsePermit is approved for a service station located in the C-1 Zone and within two hundred(200) feet of residential property, a condition may be imposed stating that the servicestation shall not conduct operations between the hours of 11:00 p.m. and 6:00 a.m. Thecondition may further stipulate that all business activities, except supplying vehicles withgasoline and oil and emergency repairs, shall be confined to specified hours on weekdaysand Sundays.(M)Drive-In Business Lane Standards(1) All businesses that provide drive-in facilities for serving customers within theirautomobile shall provide stacking space that meets the requirements in Table 9.4.1.Table 9.4.1Drive-In Business Stacking SpaceUse9.4-13Required Stacking SpacePer Service LaneBanks 5Coffee FacilitiesBefore order board 4Between order board and pick-up window 4Drug Stores / Pharmacies 4Dry Cleaning 4Fast-Food RestaurantsBefore order board 4Between order board and pick-up window 4Photo Service 4Car Washes (Self-Service, Coin-Operated) aEntry 2Exit 1Car Washes (Full-Service)Entry 6Exit 2Notes:a Wash stalls shall not count as stacking space.

MUNICIPAL CODE ARTICLE IX – LAND USE9406.10 9406.10(2) Each stacking space shall be computed on the basis of a vehicle being nine (9)feet in width and twenty (20) feet in length. Each stacking lane shall be aminimum of twelve (12) feet in width.(3) Clear identification and delineation between the drive-in lane(s) and parking lotshall be provided.(4) Where the lot dimensions allow, all drive-in business shall provide an escapelane that allows other vehicles to pass those waiting to be serviced.(5) The stacking lane shall be independent of any on-site parking, parkingmaneuvering areas, public streets, or alley or traffic ways serving other on-siteand/or off-site uses.(6) The minimum required length of any stacking space may be increased if it isdetermined that additional stacking area will be required to adequately serve theuse.(7) A traffic study addressing both on-site and off-site traffic and circulation impactsmay be required.Escape LaneAllowedNot AllowedSection 9406.10. Car WashesThis section applies to both self-service, coin-operated car washes and full-service car washes,unless otherwise noted. The following minimum conditions and standards, in addition to any9.4-14

MUNICIPAL CODE ARTICLE IX – LAND USE9406.12 9406.12other deemed necessary or appropriate by the Commission to ensure compatibility with existingor future permitted uses in the vicinity, shall be required:(A)(B)(C)(D)(E)(F)The maximum operating hours shall be between 7:00 a.m. and 10:00 p.m. only.All car wash structures and sites shall be maintained in a neat and orderly condition.Daily sweeping and cleanup shall be required.Self-service, coin-operated car wash sites shall be staffed a minimum of four (4) hoursduring each day of operation and shall be securely closed to vehicular access during thosehours when operation is prohibited.Distance of any equipment including vacuum cleaners shall be a minimum of onehundred (100) feet from any adjacent residential use.Screening and landscaping shall be provided in accordance with the provisions of thissection.The property shall be designed for proper on-site drainage and compliance with theCity’s requirements of National Pollution Discharge Elimination System (NPDES) andStandard Urban Runoff Mitigation Plan (SUSMP).Section 9406.12. Service Stations(A)Allowed ServicesAllowed services shall be the sales of gasoline and oil and the lubrication of vehicles.Accessory services may include the sales of batteries, tires, grease, and accessories. Inaddition, the following services may be rendered:(1) Sales and servicing of spark plugs, batteries, and distributors and distributor parts;(2) Tire sales (within an enclosed rack), servicing and repair, but not recapping orregrooving;(3) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, lightbulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, wheelbearings, mirrors, and the like;(4) Radiator cleaning and flushing;(5) The sale of automotive washing and polishing materials;(6) Sales and repairing of fuel pumps and generators;9.4-15

MUNICIPAL CODE ARTICLE IX – LAND USE9406.12 9406.12(7) Minor servicing and repairing of carburetors and fuel injection systems;(8) Emergency wiring repairs;(9) Adjusting and repairing brakes;(10) Minor motor adjustments not involving the removal of the head or crankcase;(11) Retail sales of grocery items, liquor, beverages, or other sundry items is subject tothe provisions of this section and other pertinent sections of this article,(12) Smog control devices;(13) Smog check businesses; and(14) Restaurants, coffee establishments, and the like.(B)Uses Not PermittedThe following uses are not permitted at service stations:(1) Tire recapping;(2) Sales and rebuilding of engines;(3) Battery manufacture and rebuilding;(4) Radiator repairs;(5) Steam cleaning;(6) Body repairs;(7) Painting;(8) Upholstery; and(9) Other major repair of vehicles.(C)Property Development StandardsIn addition to the requirements set forth in Section 9406.08 of this section, the followingproperty development standards shall be met for service stations:9.4-16

MUNICIPAL CODE ARTICLE IX – LAND USE9406.12 9406.12(1) Repairs and ServicingAll hydraulic hoists and/or pits and all lubrication, greasing, automobile washing,and permitted repair equipment shall be enclosed entirely within a building. Noautomotive repairs shall be permitted outside the structure.(2) Lot AreaExcept for legal non-conforming uses, every automobile service station, car wash,or combination thereof shall be located on a lot having an area of not less thantwenty-two thousand five hundred (22,500) square feet.(3) SetbacksA building or structure shall conform to the required street setbacks in the zone inwhich it is proposed. To provide adequate landscaping and circulation in front ofservice station pump islands, a pump island shall be located not less than twenty(20) feet from a street property line. A canopy or roof structure over a pumpisland, however, may encroach up to ten (10) feet from the street property line.(4) Pump IslandsNot more than four (4) pump islands with not more than four (4) meter cabinetsper island shall be permitted. Two (2) fuel outlet hoses for each meter cabinetmay be permitted. The stacking spaces for the pump islands shall be independentof any on-site parking, parking maneuvering areas, public streets, or alley ortraffic ways serving other on and/or off-site uses.(5) Service BaysUnless otherwise permitted by the Commission, the following regulations shallapply to service bays: whenever possible, a service bay shall not be open to thestreet, but shall face the rear or interior side property lines. A thirty-six (36) inchhigh brick or masonry façade or veneer, or a raised planter of brick, stone, rock,or similar material, shall be installed along all of those portions of the servicestation structure, which constitute exterior vertical walls at the back and sides ofthe service bay. The remaining height may be designed to match the overalltheme and design of the facility. A pedestrian entrance in such walls may bepermitted.(6) Parts and EquipmentDiscarded automotive parts or equipment shall not be located outside the servicestation building, except within an enclosed trash storage area meeting the9.4-17

MUNICIPAL CODE ARTICLE IX – LAND USE9406.12 9406.12requirements of subsection (J) of Section 9406.08 of this section. Disabled orwrecked vehicles, when in transit by a towing service, may be stored outside theservice station building not more than twenty-four (24) hours on the premises.(7) No Charge ServicesAir for tire inflation, water for radiators, windshield washing materials, and men’sand women’s public restrooms shall be provided to the public at no charge.(8) Car WashesService stations with car washes shall adhere to the property developmentstandards in Section 9406.(9) Vapor Recovery EquipmentIn addition to any requirements established by the South Coast Air QualityManagement District (SCAQMD), vapor recovery equipment installed shalladhere to the following standards:a. All equipment shall be located adjacent to a building, but as far aspossible, to any property with a residential use or other uses designed forovernight human habitation, such as motels, hotels, hospitals, or grouphomes. In no case shall the vapor recovery equipment be located withintwenty (20) feet to any property with a residential use or other usesdesigned for overnight human habitation.b. The location on the site shall not disrupt the flow of vehicular traffic ontoand off of the site.c. All vapor recovery equipment shall be completely screened from publicview by architectural building features or other screening elements that arecompatible in color, texture, and design with the principal structure.(D)Closed Service Stations(1) All closed service stations, including all buildings, structures, and yards shall bemaintained so there is no adverse or detrimental effect on the property of otherswithin the vicinity or neighborhood. All landscaping shall be maintained andproperly irrigated, and shall not be allowed to become overgrown or dead.(2) The conversion of a service station to another use shall be reviewed during SitePlan Review and shall be approved by the Commission prior to any remodeling or9.4-18

MUNICIPAL CODE ARTICLE IX – LAND USE9408 9408.06occupancy and pursuant to any cleanup and capping requirements regulated bythe County, State, or federal agencies.(E)Amortization of Vacant Service StationsNotwithstanding the provisions of Section 9410 of this chapter, the following regulationsshall apply to service stations vacated and remaining vacant for a period of more than onehundred eighty (180) days:(1) The Commission shall conduct a study and public hearing to determine whetherthe vacated premises should be abolished and removed or whether certainstructural or land improvement alterations will be required prior to thereestablishment of the premises as a service station use. The property owner andlast known lessee, if any, of the premises shall be notified by registered orcertified mail of the hearing and the hearing results. Hearings and appealproceedings shall be conducted in accordance with Section 9804 and Section9806 of this article.(2) Failure to comply with the decision of the Commission, or the Council on appeal,shall constitute a violation of this article and shall be subject to the provisions ofChapter 2 of this article.SECTION 9408. HOME OCCUPATIONS.Section 9408.02. Intent and Purpose.The purpose of these regulations is to provide for the conduct of home occupation in theresidential zones, and/or in mobile homes/manufactured home parks regardless of the zone, insuch a manner as to be compatible with, and not disruptive to, residential neighborhoods.Section 9408.04. Applicability.The restrictions of this section shall not be applicable to a property owner selling his personalhousehold goods from a residential property in conformance with garage sale requirements. SeeSection 9420.22 of this article.Section 9408.06. Required Permits.No person shall commence or carry on a home occupation in any residential zone, or mobilehome/manufactured home park regardless of the zone, without first having procured a permitfrom the City Planner.9.4-19

MUNICIPAL CODE ARTICLE IX – LAND USE9408.08 9408.08(A)(B)(C)(D)(E)The City Planner may issue a permit in conformance with the requirements of Sections9408.08, and 9814 of this article and impose such conditions as are deemed necessary toprotect the best interests of the community.No permit issued shall be transferred or assigned, nor shall the permit authorize anyperson, other than the person named therein, to commence or carry on the homeoccupation for which the permit was issued.Any permit issued may be suspended or revoked by the City Planner when it appears thatany condition imposed by the City Planner pursuant to this article has been or is beingviolated, or when it appears that the home occupation authorized by the permit has beenor is being conducted in violation of any State statute or City law, or in a disorderlymanner, or to the detriment of the public, or when the home occupation being carried onis different from that for which the permit was issued.Permits shall be valid for one (1) calendar year and may be renewed annually.No permit shall be issued or renewed unless the proper fee, as set by Council resolution,is paid.Section 9408.08. Conditions.No person shall conduct a home occupation use unless such home occupation use is conducted inconformity with all the following criteria:(A)(B)(C)(D)(E)(F)Such use shall be conducted solely within the confines of the principal dwelling and shallnot exceed ten (10) percent of the floor area.The home occupation shall be conducted by a member or members of the family residingon the property and as an incidental use to the primary residential use. No other personshall be employed.Garages or carports, whether attached or detached, shall not be used for a homeoccupation, other than for the storage of an automobile.No sign associated with such a use shall be allowed.No storage or display of materials, supplies, or equipment related directly or indirectly toa home occupation shall be permitted.In conducting such home occupation, no mechanical equipment shall be used if suchequipment makes a noise that is perceptible on any abutting property.9.4-20

MUNICIPAL CODE ARTICLE IX – LAND USE9410 9410.04(G)(H)(I)(J)(K)No motor vehicle shall be used or kept on the premises, except a vehicle of the passengerautomobile variety, or a commercial vehicle not exceeding eight thousand five hundred(8,500) pounds (gross vehicle weight) in size, and such commercial vehicle shall beparked in an enclosed garage.The home occupation use shall not have utility services other than those required fornormal residence use.There shall be no entrance or exit way specifically provided in the dwelling or on thepremises for the conduct of the home occupation thereon.No customer shall be served on the premises, and no pedestrian or vehicular traffic shallbe generated beyond that incidental to a residential use.No mechanical equipment, material, or other substance or object shall be used which isnot customarily used in a residence.SECTION 9410. NONCONFORMING USES, BUILDINGS, AND STRUCTURES.Section 9410.02. Intent and Purpose.The intent and purpose of this section is to limit the number and extent of nonconforming uses,buildings, and structures by controlling their enlargement, their reestablishment followingabandonment, and their alteration and their restoration after destruction, for the purpose ofprotecting the public health, safety, and general welfare.This section also permits the use and maintenance of nonconforming uses, buildings, andstructures, but limits them by prohibiting their restoration following destruction and byprohibiting alteration, enlargement, or relocation upon the site in any manner that would increasethe discrepancy between the standards contained in this article and the conditions existing on thesubject property.Section 9410.04. General Provisions.(A)(B)The provisions to this section apply to all existing, legal nonconforming uses, buildings,and structures as defined in Section 9148 of this article, and to any use, building, orstructure made nonconforming upon adoption of this and subsequent ordinances.Any conforming or nonconforming use, building, or structure established illegally underthis article in effect at the time of establishment is considered an illegal use, building, orstructure and shall be subject to immediate abatement or correction.9.4-21

MUNICIPAL CODE ARTICLE IX – LAND USE9410.06 9410.08Section 9410.06. Continuation of a Nonconforming Use or Lot.(A)(B)(C)(D)(E)(F)The lawful use or occupancy of a use, building, or structure existing at the time thisarticle or amendments thereto take effect may be continued provided there is norelocation of, alteration or addition to any use, building, or structure, nor any enlargementof area, space, or volume occupied by such nonconformity except as allowed in Section9410.12.A legal nonconforming use shall not be changed to another use, except to a use permittedin the zoning district in which it is located.Any legal nonconforming use that is discontinued for one hundred eighty (180) days ormore shall not be reestablished.The City Planner may extend the one hundred eighty (180) day limit for reestablishing anonconforming use if a property owner can demonstrate to the City Planner’s satisfactionbased on substantial evidence that the use has not been discontinued and that thereestablishment of the use is being diligently pursued or that a building permit forreconstruction, without alteration or enlargement, has been issued. The decision of theCity Planner may be appealed to the Commission in accordance with Section 9806.A legal nonconforming use shall not increase in intensity or expand its activities.Any lot which does not meet the minimum lot area, lot width, or lot depth for the zoningdistrict in which it is located may be used or have a building or structure erected upon it,provided said use, building, or structure complies with the development standards for theunderlying zoning district.Section 9410.08. Elimination of a Nonconforming Use or Structure.(A)Discontinuance of a Nonconforming Use When No Structure InvolvedIn any zone the nonconforming use of land shall be discontinued within one (1) year fromthe date of notification in accordance with the provisions of this section.(B)Discontinuance of a Nonconforming Use of a Building or StructureAll nonconforming uses of a building or structure shall be discontinued within the timeperiods specified below, unless an exception is granted pursuant to Section 9410.06(D):(1) Type 1 Buildings (fire resistant) – offices, hotels, theaters, warehouses, lofts,stores, garages, and industrial: Twenty (20) years after the [effective date of thisarticle].9.4-22

MUNICIPAL CODE ARTICLE IX – LAND USE9410.08 9410.08(2) Type 2 and Type 3 Buildings (heavy timber construction and ordinary masonry) –apartments, offices, hotels, residences having stores or offices below andapartments or offices above, warehouses, stores, garages, lofts, and factories andindustrial buildings: Twenty (20) years after [effective date of this article].(3) Type 4 and Type 5 Buildings (light incombustible frame and wood frame):Twenty (20) years after the effective date of this article.Single-family residences existing in the C-P Zone as of [effective date of thisarticle] shall not be nonconforming buildings for the purposes of this section, solong as they are used for residential purposes.(4) All other buildings and structures, including all buildings or structures notpreviously set forth: Fifteen (15) years after [effective date of this article](5) All other uses, including uses not previously set forth: Ten (10) years after[effective date of this article](6) In any zone, any nonconforming use, building, or structure may be orderedterminated by the Council within a period of time less than specified above upon afinding that such use constitutes a nuisance or a danger to the public health,safety, or general welfare that necessitates a lesser amortization period.(C)Notification ProceduresThe City Planner may determine those properties for which lawfully existing uses,buildings, or structures were rendered nonconforming by reason of adoption of thisarticle and the Official Zoning Map. Written notice of the City Planner’s determinationof such nonconformity, the termination procedures, and requirements of this section shallbe mailed to all owners of record and to the occupant of each such property.(D)Exception ProceduresWithin one (1) year of the date of mailing of such notice under the provisions of Section9410.08(C), any property owner, lessee with the consent of the owner, or purchaser ofsuch property acting with the consent of the owner may apply to have such propertyexcepted from the provisions of this Section as follows:(1) Application RequirementsAn exception from the requirements of this section shall be initiated by submittingan application to the City Planner.9.4-23

MUNICIPAL CODE ARTICLE IX – LAND USE9410.10 9410.10(2) Commission ActionThe Commission shall hold a noticed public hearing in accordance with theprocedures in Section 9804 within a reasonable time on each application for anexception from the termination requirements of this section. Following thehearing, the Commission may determine whether the use of the property on thedate of adoption of this article is compatible with and not detrimental to the landuses designated in the General Plan for the surrounding area and properties, andmay issue a certificate of exception. The Commission may recommend suchconditions as it may find necessary to ensure compatibility, including, but notlimited to:a. Required improvement of or modifications to existing improvements onthe property;b. Limitations on hours of operations;c. Limitations on the nature of operations; andd. A specified term of years for which the exception shall be granted.(3) Appeal of Commission ActionThe decision of the Commission may be appealed in accordance with Section9806.Section 9410.10. Repair and Maintenance of a Nonconforming Building or Structure(A)Ordinary Repairs and Maintenance WorkOrdinary repairs and maintenance work may be made to a legal nonconformity, subject tothe following provisions:(1) Maintenance work shall not include structural alterations, except those requiredby law or those required to make the structure and use conform to the standardsand use regulations of the zoning district in which such use, building or structureare located.(2) Ordinary repairs and the repair or replacement of nonbearing walls, fixtures,wiring, and plumbing may be made to an extent not exceeding ten (10) percent ofthe current replacement cost of the building or structure within a period of twentyfour(24) consecutive month period. In no case, however, shall the cubic contentof the structure as it existed when it became nonconforming be increased.9.4-24

MUNICIPAL CODE ARTICLE IX – LAND USE9410.12 9410.12(B)Repairs to Damages(1) In the event damage or destruction to a nonresidential building or structureexceeds one-half (½) of the assessed valuation of such structure, that structureshall not be reconstructed except in conformity with this article.(2) In the event damage or destruction to a residential building or structure which isdamaged or destroyed by fire, explosion, act of God, act of a public enemy,collapse, or any other casualty or calamity, may be reconstructed to the conditionswhich existed prior to the casualty or calamity, provided the structure orstructures existed as legally established structures. All such construction orrepairs shall be started within twenty-four (24) months from the date of damageand shall be diligently pursued to completion. Otherwise, the legalnonconforming status of the structures shall be lost.(C)Strengthening and RestoringNothing set forth in this section shall be deemed to prevent the strengthening orrestoration to a safe condition of any structure or its support structure, or part thereof,declared to be unsafe by any officer of the City charged with protecting the public safetyupon the order of such officer.Section 9410.12. Additions, Enlargement, and Remodels.A legal nonconformity shall not be enlarged in volume or extended or relocated beyond the areait occupies. However, when a residential, commercial, or manufacturing building or structureestablished legally becomes nonconforming under the provisions of this article, specificallyrelated to setbacks, lot size, or height limit, the structure may be enlarged or extended under thefollowing provisions:(A)All additions shall be constructed in a manner that is conforming to the provisions of thisarticle.(B) Notwithstanding the provisions of this chapter, where R-1 or R-2 zoned properties or R-1or R-2 uses on R-3 zoned property are nonconforming solely because of insufficientrequired enclosed off-street parking, such nonconforming use, building, or structure maybe expanded or enlarged provided such expansion or enlargement does not exceed fifty(50) percent of the existing floor area of the principal dwelling and the applicantdemonstrates to the satisfaction of the City Planner that such expansion or enlargementdoes not prevent the future establishment of required enclosed off-street parking.(C)Any building that is proposed to be remodeled or renovated such that fifty (50) percent orgreater of any existing linear footage interior and exterior walls or existing square footage9.4-25

MUNICIPAL CODE ARTICLE IX – LAND USE9410.14 9412.08of floor area is demolished or removed within a two (2) year period, shall be consideredas a new building and conform to all current development standards for that district.Section 9410.14. Violations.Any of the following violations shall immediately terminate the right to operate a legalnonconforming use:(A)(B)(C)Changing to another use not permitted in the district;Increasing or enlarging the area, space, or volume occupied by or devoted to suchnonconforming use; orIncreasing the number of personnel employed or volume of business performed so thatsuch increase constitutes an intensification of the nonconforming use.SECTION 9412. MOTELS.Section 9412.02. Intent and Purpose.The intent and purpose of this section is to establish additional development regulations for theestablishment and use of motels in the City.Section 9412.04. Applicability.These regulations apply to the establishment, development, use, and operation of motels, whichmay be allowed in the C-2 and C-3 Zones subject to a Conditional Use Permit in accordancewith the procedures set forth in Section 9824. The regulations identified in this section are inaddition to those that apply to Commercial Zones in Chapter 3. Wherever a conflict existsbetween the regulations in this section and another section of this article, the more stringentregulations shall apply.Section 9412.06. Findings.The decision-making body, in determining whether a motel project will adversely affect thehealth, safety, and general welfare of the City shall make findings for the issuance of aConditional Use Permit and shall also consider, among other factors, the number of motels in theCity, the location of these motels, the need to preserve the integrity of the community, and thestability of the neighborhood in which the project will be located.Section 9412.08. Property Development Standards.(A)Specific Development Standards9.4-26

MUNICIPAL CODE ARTICLE IX – LAND USE9412.08 9412.08Table 9.4.2 identifies the development standards for motels.Table 9.4.2Motel Property Development StandardsDevelopment StandardLot Area - Minimum (square feet) 40,000Lot Width - Minimum (feet) 120Lot Depth - Minimum (feet) 250Lot Coverage - Maximum (percent) 50Guest Unit Size (square feet) a 300Building Height - Maximum (feet or stories, whichever is less)C-2 ZoneC-3 ZoneYard Setbacks - Minimum (feet)Front a1-story2-story3-story or greaterMotels38 feet or 3 stories90 feet or 7 stories152025Rearabutting a residential zonewhere windows, door, porches, or balconiesface/open onto nonresidentialall other casesSideabutting a residential zonewhere windows, door, porches, or balconiesface/open onto nonresidentialall other cases4615NR4615NRStreet1-story2-story3-story or greaterBuilding Separation - Minimum (feet) 20Air Conditioning, Mechanical Roof and Utility Equipment Subject to Section 9504Landscaping, Lighting and Walls Subject to Section 9520Nonconforming Uses, Lots, and Structures Subject to Section 9410Off-Street Parking and Loading Subject to Chapter 7Signs Subject to Chapter 6Site Plan Review Subject to Section 9820Notes:a Each new motel shall have a manager’s unit that shall contain a minimum of eight hundred(800) square feet of living area, and a three hundred (300) square-foot or greater lounge thatmust adjoin the check-in area, which shall be available for use by motel patrons.NR = No requirement1015209.4-27

MUNICIPAL CODE ARTICLE IX – LAND USE9412.08 9412.08(B)General Development Standards(1) Land AreaEach guest unit shall require a minimum land area of eight hundred (800) squarefeet.(2) Locationmotels shall be located on major arterials and shall not be located within one-half(½) mile of existing motels unless the Commission determines that a specific areacan physically support such an additional motel.(3) Air ConditioningAir conditioning for motel guest units shall be limited to central air conditioningsystems. Individual wall or window mounted units may be approved during SitePlan Review, if the Commission finds that such units will be totally screened fromview from the street and that the noise generated by all these units running at thesame time will not exceed a combined rating of 65 db(A) Community NoiseEquivalent Level (CNEL) at the property boundaries.(4) Kitchens and KitchenettesKitchens and kitchenettes, in guest units, shall not be permitted. The onlyexception shall be a small appliance used for making coffee and mini-fridges inindividual guest units. The manager’s unit shall have a full kitchen.(5) Open SpaceOpen space areas equaling fifty (50) square feet per guest unit shall be providedfor open recreational uses, in addition to required setbacks, walkways, and at leastone-third (1/3) of these open recreational areas must be landscaped. Privatebalconies may be counted towards no more than fifty (50) percent of requiredrecreational areas, provided the balcony areas are directly accessible from theindividual guest unit they are designed to serve.(6) AmenitiesEach motel shall provide, for their guests, at least two of the following amenities:swimming pool, hot tub, sauna, an exercise room with equipment, a lounge area,sun decks, or similar amenities the Commission determines will satisfy the needsof the guest staying in the motel. These facilities shall be screened from viewfrom the street, adjoining properties, driving lanes, and vehicle parking areas.9.4-28

MUNICIPAL CODE ARTICLE IX – LAND USE9414 9414.02Swimming pools and hot tubs shall be located in areas which can be monitoredfrom the manager’s unit.(7) SecurityThe design of motels shall promote on-site security. On-site security shall beencouraged by the development of an interior courtyard area, with a minimumcourtyard width of twenty-five (25) feet, where applicable. Portions of motelsthat are designed with courtyards which have doors, windows, or balconies shallbe separated from their opposing counterpart. These areas should be easilyviewable from the manager’s unit.The following added security measure shall also be incorporated:a. The exterior doors for guest units shall be solid core doors equipped withdead bolts with panic hardware. No windows shall be constructed withinthree (3) feet of this exterior door unless they are made of tempered glass.b. Each guest unit’s exterior door shall be equipped with a peephole.c. Each guest unit shall be equipped with a telephone.d. Security fencing forty-two (42) inches high surrounding outdoorrecreation areas or other fencing as required by this article shall beincorporated.e. Convenient lighted walkways will be designed to provide access forparking areas in accordance with Section 9520.f. All windows and guest units shall have City approved security latches.g. All rooms shall be numbered in a logical fashion in large easily readnumbers.SECTION 9414. SECOND UNIT DEVELOPMENTS.Section 9414.02. Intent and Purpose.The intent and purpose of this section is to establish standards for permitting second dwellingunits (Second Unit Developments) on residential properties. These standards are in compliancewith California Government Code Section 65852.2, which has determined that this form ofdevelopment is a ministerial project and does not require a Public Hearing.9.4-29

MUNICIPAL CODE ARTICLE IX – LAND USE9414.04 9414.08Section 9414.04. Applicability and Approvals.Second Unit Developments are allowed, within the Second Unit Development Areas (as depictedon the Official Zoning Map), as a permitted use in accordance with the provisions of this sectionin the R-1 Zones. However, a Second Unit Development approval is required before a permitmay be issued and approved for the construction of a Second Unit Development. The SecondUnit Development application is viewed as a ministerial project and shall require approval by theCity Planner or authorized designee in accordance with the procedures set forth in Section 9814.Section 9414.06. Applications.Second Unit Development applications shall be submitted on the approved form established bythe City Planner. Scaled and fully dimensioned plans and elevations shall be submitted. Theplans/elevations shall clearly indicate the proposed development, including the location, size,shape, and design of areas, buildings, structures, yards, driveways and other data and/or featuresas the City Planner may need to review the proposed development. The Second UnitDevelopment application shall not be accepted unless it complies with the requirements of thissection. The procedure for filing a Second Unit Development application shall be in accordancewith the provisions of Section 9814 and as follows:(A)(B)(C)(D)The application shall be filed with the City Planner.The application shall be signed by the record owner of the subject property, or arepresentative of the owner with the written consent by the record owner.The filing of the application shall be accompanied by the payment of a fee in an amountestablished by resolution of the Council.Once the application has been deemed complete, the City Planner or his/her authorizeddesignee shall approve, disapprove, or conditionally approve such plans.Section 9414.08. Standards.In addition to the development standards for the zone, the following standards shall apply to allSecond Unit Developments:(A)(B)(C)The minimum lot size for a property with a second unit shall be seven thousand fivehundred (7,500) square feet, but in no case shall a second unit be constructed upon a lotthat does not meet the minimum lot size for the zone.The minimum lot width shall meet or exceed the minimum lot width for the zone.The second unit shall be located to the rear of the principal dwelling unit.9.4-30

MUNICIPAL CODE ARTICLE IX – LAND USE9414.08 9414.08(D)(E)(F)(G)The second unit may be attached or detached. If the second unit is detached, then thereshall be a minimum ten (10) foot separation between the units.For detached second unit developments, the maximum height shall be fifteen (15) feet orone (1) story, whichever is less.Second unit developments shall be no more than fifty (50) percent of the floor area of theprincipal dwelling unit on the lot, up to a maximum of one thousand (1,000) square feetin gross floor area, provided the cumulative building square footage for the entire legalparcel (including the main residence) does not exceed the maximum site coverage and/orfloor area ratio for the applicable zone. For the purposes of this section, the maximumunits sizes shall not include garages.In addition to the required parking for the principal dwelling unit, a two (2) car garageshall be provided for the second dwelling unit.(H) The principal dwelling unit and second dwelling unit shall have street access from one (1)common driveway.(I)(J)(K)(L)(M)(N)(O)No more than one (1) kitchen per dwelling unit shall be permitted.The property owner shall record a covenant to the subject property that identifies the totalnumber of dwellings units on the property, that prohibits the units from being soldseparately, and that provides that at least one (1) dwelling unit shall be owner-occupied.Home occupations and Large Family Day Care (nine (9) to fourteen (14) children) shallonly be allowed in the owner-occupied unit.Lots developed with an approved second unit development shall not have an additionalaccessory living quarter or guest house.All on-site utilities shall be underground.Separate sewers shall be constructed to each residence to the standards of the CityEngineering and Building and Safety Division or a sewer covenant shall be recorded withthe Los Angeles County Recorder, and a copy filed with the City Planning Division, andThe property should be graded for proper on-site drainage and compliance with the City’srequirements for the National Pollution Discharge Elimination System (NPDES) andStandard Urban Runoff Mitigation Plan (SUSMP).9.4-31

MUNICIPAL CODE ARTICLE IX – LAND USE9414.10 9416.06Section 9414.10. Design of Second Unit DevelopmentsThe second unit development shall be designed to be compatible reflecting similar massing,architectural style and detail, fenestration, roof pitch, color, and materials as the principaldwelling unit.SECTION 9416. SELF STORAGE, MINI-STORAGE, MINI-WAREHOUSE, ANDRECREATIONAL VEHICLE STORAGE.Section 9416.02. Intent and Purpose.The intent and purpose of this section is to establish additional development regulations for theestablishment and use of self-storage, mini-storage, mini-warehouse, and recreational vehiclestorage uses.Section 9416.04. Applicability.These regulations apply to the establishment, development, use, and operation of self-storage,mini-storage, mini-warehouses, and recreational vehicle storage areas, and similar uses whichmay be allowed in the M-1 and M-2 Zones subject to a Conditional Use Permit in accordancewith the procedures set forth in Section 9824. The regulations identified in this section are inaddition to those that apply to Manufacturing Zones in Chapter 3. Wherever a conflict existsbetween the regulations in this section and another section of this article, the more stringentregulations shall apply.Section 9416.06. Property Development Standards.(A)Lot RequirementA minimum lot area of one (1) acre.(B)LandscapingA minimum of ten (10) percent of the lot shall be landscaped, with a minimum of five (5)percent of the required landscaping within the parking areas. Landscaping along streetlot lines shall be designed to provide large landscape area with undulating berms.(C)SetbacksA minimum setback of twenty (20) feet shall be provided along front lot lines. Aminimum setback of fifteen (15) feet shall be provided along street side lot lines. Noparking shall be permitted within these setbacks and these setbacks shall be fullylandscaped, except for driveway and walkway access. No setback shall be required alonginterior lot lines.9.4-32

MUNICIPAL CODE ARTICLE IX – LAND USE9418 9418.04(D)ScreeningExcept for driveway and walkway access, all storage areas shall be screened from viewfrom adjacent properties and rights-of-ways by free-standing walls where building wallsdo not provide the screening. Screen walls may extend above the maximum required bythe zone in order to screen recreational vehicle storage or other activities, but shall notexceed twelve (12) feet in height.(E)LoadingA minimum eight (8) foot wide loading aisle shall be provided along building sides withaccess doors for storage units.(F)DrivewayA minimum width of thirty-six (36) feet shall be provided for driveways with accessdoors for storage units on both sides in order to provide an unobstructed twenty (20) footwide two-way drive aisle and eight (8) foot wide loading aisles on both sides. Aminimum width of thirty (30) feet shall be provided for all other driveways.(G)Adjacent to Residential ZonesWhere a lot abuts the R-1, R-2, or R-3 Zone, no building, structure, free-standing wall, orportion thereof shall extend into a fifteen (15)-degree inclined plane projected from aheight of twelve (12) feet from the abutting residential property. Where free-standingwalls abut property in the R-1, R-2 or R-3 Zones, landscape planters with a minimumwidth of five (5) feet shall be provided to accommodate a plant screen. Buildingopenings shall not face abutting properties in the R-1, R-2 or R-3 Zones.SECTION 9418. SENIOR CITIZEN HOUSING DEVELOPMENTS.Section 9418.02. Intent and Purpose.The purpose and intent of this section is to provide minimum standards for the development ofsenior citizen housing in the City compatible with surrounding land uses.Section 9418.04. Approvals.(A)ApprovalApproval for senior citizen housing developments shall occur through the Site PlanReview process in accordance with Section 9820.9.4-33

MUNICIPAL CODE ARTICLE IX – LAND USE9418.06 9418.06(B)FindingsIn addition to the findings required by Section 9820.08 of this article, the Commission,and Council on appeal, shall, make the following additional findings:(1) The proposed project meets or exceeds all development standards contained inthis section;(2) The project will be accessible to necessary services including grocery stores,transit stops, medical facilities, and banks;(3) The scale and architecture of the project will be compatible with development inthe surrounding neighborhood;(4) A market study has been submitted that demonstrates a need for senior housing inthe City for the life of the project; and(5) A plan has been submitted showing modifications necessary to convert the seniorcitizen housing development to standard multiple-family housing.Section 9418.06. Development Standards.(A)Specific Development StandardsTable 9.4-3 identifies the development standards for senior citizen housingdevelopments.Table 9.4.3Senior Citizen Housing Development StandardsZoneDevelopment StandardR-3 R-3-O M-U H-M C-3 C-MLot area - minimum (square feet) 10,000 10,000 43,560 43,560 43,560 43,560Lot width - minimum (feet) 100 100 200 200 200 200Lot depth - minimum (feet) 100 100 215 215 215 215Lot area per dwelling unit – minimum 1,452 1,452 871 871 871 871(square feet)Density – Maximum 30 30 du/ac 50 du/ac 50 du/ac 50 du/ac 50 du/acdu/acLot coverage - maximum (percent) 60 60 60 60 60 60Building height - maximum (feet or stories,whichever is less) a, b45 feet or3 stories45 feet or3 stories45 feet or3 stories45 feetor 3stories45 feetor 3stories45 feetor 3stories9.4-34

MUNICIPAL CODE ARTICLE IX – LAND USE9418.06 9418.06Development StandardYard setbacks - minimum (feet)frontrear csideinterior dstreetTable 9.4.3 (continued)Senior Citizen Housing Development Standards1515ZoneR-3 R-3-O M-U H-M C-3 C-M5 5 5 5 5 57.5 7.5 7.5 7.5 7.5 7.5Building separation - minimum (feet) 10 10 10 10 10 10Dwelling unit size – minimum (square feet) estudio units f550one (1) bedroom600two (2) bedroom g15151515750550600750550600750Subject to Section 9504Air conditioning, mechanical roof and utilityequipmentEnvironmental protection standards Subject to Section 9516Landscaping, lighting, and walls Subject to Section 9520Nonconforming uses, lots, and structures Subject to Section 9410Signs Subject to Chapter 6Site plan review Subject to Section 9820Visibility Subject to Section 9520 and 9534Wireless communication facilities Subject to Section 9426Notes:aLiving areas, common areas, and open space shall not be more than three (3) stories high. Said three (3) stories,however, may sit atop one (1) full story of enclosed parking. No structure shall exceed four (4) stories or sixty (60)feet, including parking.bcdefWhen abutting the R-1 and R-2 Residential Zones, variable height limitations shall apply in accordance with Section9534.24.When the rear yard area abuts the R-1 or R-2 Residential Zones, the rear setback shall be forty-six (46) feet.When abutting the R-1 Residential Zone, the minimum setback shall be ten (10) feet.In developments where congregate dining facilities are provided for all residents, in addition to the kitchens in eachunit, the minimum dwelling unit size is four hundred fifty (450) square feet for studios, five hundred (500) square feetfor one (1) bedroom, and six hundred (650) square feet for two (2) bedroom units.In no case shall more than ten (10) percent of the units in a project be studios. Each studio must be adjacent toanother studio, to facilitate conversion to larger units.gIn no case shall less than twenty-five (25) percent of the units in a project have two bedrooms. No dwelling unit shallexceed two (2) bedrooms, except for one (1) manager’s or caretaker’s unit.du/ac = dwelling unit per acre151555060075015155506007501515550600750(B)General Development Standards(1) Parkinga. The minimum parking standard for every senior citizen housingdevelopment shall be:9.4-35

MUNICIPAL CODE ARTICLE IX – LAND USE9418.06 9418.06i. One (1) covered parking space per unit; plusii.iii.iv.One (1) guest parking space for each four (4) units, or fractionthereof – at least half (½) of the total guest spaces must be locatedoutside of security gates to avoid queuing and double-parking onpublic streets; plusTwo (2) covered parking spaces for the manager or caretaker’sunit; plusOne (1) space for every employee on the major shift based onmaximum occupancy; plusv. At least one (1) loading space, twelve (12) feet by thirty (30) feet.b. Standard-size or handicapped-size parking spaces, as defined by Section9706 of this article, shall be provided to meet the parking requirement.Compact parking stalls may be provided only for those spaces in excess ofthe minimum requirement. Handicapped-size spaces are encouragedwherever possible.c. Conditions, covenants, and restrictions (CC&Rs) of any senior citizenhousing development shall permit each unit to store no more than one (1)vehicle on the property.(2) Open Spacea. All senior citizen housing developments shall provide not less than twohundred (200) square feet of usable open space per dwelling unit. At leastone-half (½) of this open space must be outdoors. Up to forty (40) percentof the required common open space area may be provided in the form of acommon leisure/recreation room. The minimum dimension for any openspace area shall be fifteen (15) feet with the exception of private balconiesand patios, which shall have no dimension less than five (5) feet.b. Each senior citizen housing development must provide a minimum of onethousand (1,000) square feet of common usable open space in addition tothe two hundred (200) square feet required per unit.c. “Common usable open space,” for the purposes of this section, mayinclude:i. Barbecue facilities;9.4-36

MUNICIPAL CODE ARTICLE IX – LAND USE9418.06 9418.06ii.iii.iv.Billiard rooms;Courts for activities such as tennis, racquetball, shuffleboard, lawnbowling, putting, and bocce ball;Gyms, workout rooms, exercise/aerobics rooms;v. Landscaping, excluding front setback areas;vi.vii.viii.ix.Multi-purpose buildings/rooms;Resident gardens;Visual amenities such as fountains and sculptures;Sitting alcoves; orx. Swimming pools, spas, and saunas.d. Up to one-half (½) of the open space requirements for each unit may beprovided in a private patio or balcony having direct access from the unit.Private patios and balconies shall be a minimum of fifty (50) square feet,and no dimension shall be less than five (5) feet.e. Usable open space areas shall not include any portion of a required frontsetback, parking area, required access or walkway, driveways andturnaround areas, unimproved roof level of any building, congregatedining facilities, or hallways within buildings.f. A decorative masonry wall or wrought iron fence at least three (3) feet inheight shall be provided where usable open space abuts driveways or openparking areas.g. An irrigated landscaped planter at least five (5) feet wide shall be providedwhen abutting R-1 or R-2 zoned properties. Such planters shall bemaintained with trees and shrubs at least six (6) feet in height whenplanted, which shall reach a mature height of at least fifteen (15) feet. Atmaturity, such landscaping shall provide an uninterrupted screen betweenthe senior housing development and the R-1 and R-2 Zones.(3) Proximity to Rail LinesSenior citizen housing developments are discouraged on land adjacent to railroadrights-of-way. Senior housing developments approved adjacent to the railroad9.4-37

MUNICIPAL CODE ARTICLE IX – LAND USE9418.08 9418.08shall establish a minimum one hundred (100) foot setback for residential unitsfrom rail property. Applicants for such projects shall also submit noise andvibration studies demonstrating how these factors will be mitigated by theproposed site plan and structures.(4) Structural MassNo building façade shall exceed fifty (50) feet in length without articulation andno more than two hundred (200) feet continuous. Building façades encompassingseveral units shall include offsets. Roof heights and slopes shall be varied.Section 9418.08. General Requirements.(A)Bathroom FacilitiesAll units in senior citizen housing developments shall contain a separate bathroomequipped with a shower and/or tub, toilet, and wash basin.(B)KitchenAll units shall contain a kitchen that includes a stove, oven, refrigerator, and sink.(C)Laundry FacilitiesAll senior citizen housing developments shall provide common laundry facilitiesadequate to accommodate the number of units within the project. The minimum numbershall be one (1) washer and one (1) dryer per each nine (9) units. In no case shall therebe less than two (2) washers and dryers provided in the project. Provisions for washersand dryers in each unit are preferred and encouraged. This requirement for commonlaundry facilities may be waived if washers and dryers (not just hookups) are provided inevery unit.(D)NoiseAll senior citizen housing developments shall be required to meet a forty-five (45) dBCNEL interior noise standard.(E)SecurityAn approved security system is required on all points of ingress and egress, includingparking areas.9.4-38

MUNICIPAL CODE ARTICLE IX – LAND USE9418.10 9418.10(F)Stairs and ElevatorsDouble banisters shall be provided on all stairways. In all buildings taller than one (1)story, there shall be no less than one (1) elevator. At least one (1) elevator must be of asize that will accommodate a medical gurney.(G)StorageAll senior citizen housing developments shall provide personal property storage cabinetsfor each unit, adjacent to or within parking areas or adjacent to patios or balconies. Suchcabinets shall have at least one hundred (100) cubic feet of area and do not count towardthe usable open space requirement.(H)Trash, Storage, and Service AreasTrash, storage, and service areas shall be screened from view of adjacent properties andrights-of-way by fencing or landscaping. Trash enclosures must be freestanding, withoverhead doors.Section 9418.10. Permitted Amenities.(A)Congregate Dining FacilitiesCongregate dining facilities may be provided in senior citizen housing developments,subject to the following conditions:(1) Congregate dining facilities shall be for the use of the residents of thedevelopment, their guests, and employees who work in the building only and shallnot be open to the general public.(2) A separate service entrance to the kitchen with an adequate loading area shall beprovided.(3) Floor area of any congregate dining facility and any associated kitchen andloading area may not be used to satisfy the requirements for common open spacenoted in this section.(B)Emergency Call SystemsIn-house call systems or resident/management communication switchboards areencouraged for all senior citizen housing developments.9.4-39

MUNICIPAL CODE ARTICLE IX – LAND USE9418.12 9418.12(C)Resident ServicesProvision of services exclusively for residents of a senior citizen development arepermitted and encouraged. These include maid service, laundry service, privatetransportation service, and beauty salon/barber shops. Developments may includefacilities such as industrial laundry rooms and beauty salons necessary to provide theseservices. Parking shall be provided for employees of these services at the ratio of one (1)space for every employee on the major shift based on maximum occupancy.Section 9418.12. Occupancy.Restrictions on occupancy on the basis of age shall be imposed on senior citizen housingdevelopments subject to the following limitations:(1) The owner of any senior citizen housing development constructed pursuant to theprovisions of this section shall file a covenant with the City Planner for recordingwith the County Recorder, prior to issuance of a building permit, that states thebuilding or buildings shall be used in perpetuity as residences for senior citizensand qualified residents, and that if such development is used for any otherpurpose, the owner shall cease the use of the building or buildings until they areremodeled or rebuilt to comply with the applicable provisions of this article foruses other than senior citizen housing.(2) Conditions, covenants, and restrictions or other written documents pertaining tooccupancy shall be approved by the City Attorney to ensure conformity with theprovisions of this section.(3) Conditions, covenants, and restrictions (CC&Rs) or other documents or writtenpolicy shall not limit occupancy, residency, or use on the basis of age moreproscriptively than to require that at least one (1) person residing in each dwellingunit be a senior citizen and that each other resident in the same dwelling unit be aqualified resident.(4) Upon the death, hospitalization, other prolonged absence of, or dissolution ofmarriage with, the resident senior citizen, a qualified resident shall be entitled tocontinue his or her occupancy of the dwelling unit for a period of up to one (1)year.(5) Conditions, covenants, and restrictions or other written documents shall permit, asa guest of a senior citizen or qualified resident, temporary guest residency by aperson less than sixty-two (62) years of age for not less than sixty (60) days in anycalendar year.9.4-40

MUNICIPAL CODE ARTICLE IX – LAND USE9418.14 9420.04(6) Owners of senior citizen housing developments operated for rental purposes shallmaintain an annually updated log that notes the senior citizen and any qualifiedresidents in each unit. This log shall be made available to the City CommunityDevelopment Department for review upon request.Section 9418.14. Conversion to Non-senior Housing.(A)(B)(C)(D)All applications for Conditional Use Permits for senior citizen housing developmentsshall include a plan for converting the project to conventional multiple-family dwellingunits. The plan shall be subject to approval by the Commission and shall demonstrate themodifications necessary to convert the use to conventional multiple-family residentialunits. This plan need not be used for a future conversion; its purpose is to demonstratethat conversion can be accomplished and the type of modification that would benecessary.If a senior citizen housing development is used in a way that does not meet thedevelopment or occupancy standards of this section, the owner shall cease the use of thebuilding or buildings until they are remodeled or rebuilt to comply with the applicableprovisions of this article for uses other than residences for senior citizens.Conversion of senior citizen housing development to housing for the general populationor to housing that requires licensing by the State, shall require a separate Conditional UsePermit.Conversion to standard multi-family housing may only be permitted in the R-3, R-3-O,and M-U zones and if the development is modified so that number and density of units isno greater than that which is allowed for such developments in the zone and if theparking requirements of this Zoning Code can be met.SECTION 9420. SPECIAL EVENTS.Section 9420.02. Intent and Purpose.The intent and purpose of this section is to provide regulations for special events, includingtemporary outdoor sales activities, retail events, and special activities such as carnivals, fairs, andlarge (i.e., one hundred fifty (150) or more people) neighborhood block parties. This section isnot intended to control or regulate the normal promotional/sale activities conducted within theapproved display area of a business establishment as provided for by other applicable provisionsof this article.Section 9420.04. Review Process.9.4-41

MUNICIPAL CODE ARTICLE IX – LAND USE9420.06 9420.06(A)The City Planner has the authority to issue Special Event Permits pursuant to theprocedures outlined for Administrative Permits in Section 9814, provided the followingcriteria are met and the application is consistent with any other applicable regulations inthis article:(1) The Special Event shall not exceed thirty (30) days during any twelve (12) monthperiod, unless otherwise permitted in this section;(2) The property owner has authorized the special event in writing;(3) The application is submitted at least thirty (30) days prior to the scheduledactivity; and(4) A permit fee established by resolution of the Council shall be paid for eachSpecial Event Permit.(B)(C)If an event is of a scale (e.g., large in area or number of persons) or use that may result inextensive potential, even temporary, impacts to the community, the City Planner may usehis/her discretion and forward the Special Event Permit application to the Commissionfor their decision.Events involving over five hundred (500) people shall require Commission approval.Section 9420.06. General Requirements.Except as otherwise specified in the section, the following general operational conditions shallapply to all special events for which a Special Event Permit is required:(A)(B)(C)(D)(E)The City Planner shall prescribe the type and form of information required to process theSpecial Event Permit, in accordance with the provisions for Administrative Permits inSection 9814.Activities shall be restricted to that portion of property so designated on the site plan.The applicant shall provide documentation to the City Planner of an approved site plan bythe City Fire Department and Police Services for meeting public safety requirementswhen applicable.The City Engineer shall review and approve the site plan regarding adequate parking andtraffic circulation for both vehicular and pedestrian, including provisions for emergencyingress/egress, when applicable.Adequate space shall be provided on walkways for the passage of pedestrian traffic(minimum width of five (5) feet).9.4-42

MUNICIPAL CODE ARTICLE IX – LAND USE9420.08 9420.08(F)(G)(H)(I)(J)(K)(L)(M)The site plan and all signs shall comply with this article and the specific design standardsset forth in this section.Any sales activities shall be confined to the sale of the goods or services specified in theSpecial Event Permit only.The Special Event Permit shall specify the event’s expiration date and the removal dateof all associated materials.All signs and other display materials placed in outdoor areas shall be removed withintwenty-four (24) hours after the close of business on the last day of the event, unlessotherwise specified in the Special Event Permit.Sound systems are not permitted unless specifically approved as part of the Special EventPermit.Temporary signs associated with special events are permitted as provided in Section9618.06.Additional conditions may be applied as determined by the City Planner (or Commission)as necessary to protect the public’s health, safety, and welfare.A Special Event Permit does not relieve an applicant from obtaining other permits orpermissions as may be required by other county, state, or other agencies.Section 9420.08. Special Centerwide Events.Special centerwide events include the temporary outdoor display and sale of merchandise, artsand crafts shows, fairs, entertainment, or similar events within a commercial center. Commercialcenters may conduct such events subject to the following requirements:(A)(B)Special centerwide events may be held up to three (3) times a year over a maximum ofthree (3) consecutive days per event. Centers may apply for approval for each event onan individual basis, approval of more than one (1) event on a single application, orapproval of an ongoing “special events program” specifying the dates, activities andsignage for each event throughout the year. In no case shall the combined total ofcenterwide events plus individual sales for any business exceed six (6) events during anycalendar year.Events shall be subject to the approval of a Special Event Permit. Applications shall besubmitted to the City Planner by the commercial center owner or manager.9.4-43

MUNICIPAL CODE ARTICLE IX – LAND USE9420.10 9420.10(C)(D)The application shall include provision for removal of temporary facilities and cleanupand restoration of the activity site within twenty-four (24) hours of the conclusion of theevent, unless another time limit is specified in the Special Event Permit. The City mayrequire a cash bond or other guarantee to be posted to ensure cleanup within the specifiedtime limit.The application shall be reviewed by the City Fire Department and Police Department,and the event shall comply with fire prevention standards and emergency accessrequirements as specified by the Battalion Chief and Chief of Police. The City Plannermay also submit the application to other agencies for review and approval of an event.Section 9420.10. Temporary Outdoor Sales by Individual Businesses.Sidewalk or parking lot sales include the temporary outdoor display and sale, by a retailbusiness, of merchandise that is normally displayed indoors at the same location as the outdoorsale. Temporary outdoor display and sales of merchandise may be permitted by the City Planneror his or her designee and are allowed in the C-1, C-2, C-3, C-M, and M-U Zones. Applicationfor a Temporary Outdoor Display and Sales Permit shall be made on forms prescribed by thePlanning Division and shall include a site plan indicating the proposed location of the displayarea. The following conditions apply to each permit:(A)(B)(C)(D)(E)Outdoor sales shall only be permitted as an extension of an existing business and shall beconducted entirely on the site on which the business is located.The display area shall not occupy more than ten (10) percent of the number of requiredparking spaces for the applicant’s business.The display shall not encroach upon required driveways, or public rights-of-way, impedeemergency vehicle access, or prevent access to any other business.Sales area shall not block required building exits and shall maintain at least four (4) footwide aisles.No part of the display area shall be located within one hundred (100) feet of an adjoiningresidentially zoned property.(F) No more than four (4) temporary outdoor displays and sales shall be permitted in one (1)calendar year per business unit, and shall not exceed twenty (20) days accumulated total.(G) All signage shall be subject to Section 9618.06.(H)Temporary structures such as tents or buildings shall be subject to approval of the CityBuilding Division and Fire Department.9.4-44

MUNICIPAL CODE ARTICLE IX – LAND USE9420.12 9420.14Section 9420.12. New Car Dealership Special Events.New car dealers desiring to hold special events to promote sales require a Special Event Permitand are subject to the following provisions:(A)(B)The cumulative total of all special events shall not exceed sixty (60) days per calendaryear per dealership.A separate permit shall be obtained for each special event.(C) All signage pertaining to the special event must be in accordance with Section 9618.06.Section 9420.14. Christmas Tree and Pumpkin Sales Facilities.The sale of Christmas trees and wreaths, and pumpkins may be permitted by the City Planner inany commercial or manufacturing zone subject to the following regulations:(A)Date of OperationChristmas tree and pumpkin sales shall adhere to the following operation dates:(1) Christmas tree sales facilities shall not open for business prior to the day afterThanksgiving and shall close no later than December 31.(2) Pumpkin sales facilities shall not open for business prior to October 1 and shallclose no later than November 1.(B)Merchandise to be SoldChristmas tree and pumpkin sales are limited to the following:(1) A Christmas tree sales facility shall not engage in the sale of any merchandise notdirectly associated with Christmas trees and Christmas decorations.(2) A pumpkin sales facility shall not engage in the sale of any merchandise notdirectly associated with pumpkins and Halloween decorations.(C)Removal of FacilityChristmas tree and pumpkin sale facilities must meet the following removal regulations:(1) Christmas tree sales facilities shall be removed and the premises cleared of alldebris and restored to the condition prior to the establishment of the facilitywithin three (3) days after the closing date.9.4-45

MUNICIPAL CODE ARTICLE IX – LAND USE9420.16 9420.16(2) Pumpkin sales facilities shall be removed and the premises cleared of all debrisand restored to the condition prior to the establishment of the facility within three(3) days after October 31.Section 9420.16. Certified Farmers’ Markets.Certified farmers’ markets may be permitted by the Council in any Commercial or Mixed-UseZone subject to the provisions of this section.(A)Admissible vendors and products include the following:(1) Agricultural Producers (Farmers and Fisherman)a. Certifiable Agricultural Productsi. These products include fresh fruits and vegetables, nuts in theshell, honey, eggs, nursery stock, and cut flowers.ii.iii.Product certification is made by the County AgriculturalCommissioner in the county of production.Certifiable agricultural products can only be sold at the farmer’smarket by the producer who produced them, the producer’semployees, or the producer’s immediate family.b. Non-Certifiable Agricultural Productsi. These products include dried fruits and vegetables, processed nuts,juices, jams, pickled or smoked agricultural products, live animals,livestock, aquaculture, viticulture and vermiculture.ii.iii.iv.These products may be dried, ground, roasted, juiced, smoked orotherwise altered in a one-stage process by a second party.Canned foods are permitted if processed in an approved facility.Products in this category must have been grown, bred, raised,cultivated or collected upon land, which the producer controls.(2) Prepared Foods Producers (Non-agricultural products)a. Prepared foods producers may sell products which they have cooked,canned, preserved or otherwise treated.9.4-46

MUNICIPAL CODE ARTICLE IX – LAND USE9420.16 9420.16b. Canned foods are permitted if processed in an approved facility.c. Prepared food products may not compete with products made by farmersfrom their own products.(3) Commercial Sellers (Non-agricultural products)a. Commercial sellers may sell ethnic or specialty hot foods, which theyprepare in a licensed kitchen and/or at their respective market spaces.b. Commercials sellers may also include anyone selling fresh or canned fish.The sellers are not required to have caught the fish offered for sale.(4) Arts and Crafts Vendors (Non-agricultural products)a. Artisans may sell original art, craftwork or handmade items, which theycreated, constructed or produced themselves.b. Products must be of the highest quality, handcrafted, and may not beimported.c. The reselling of arts and crafts products is not allowed.(5) Youth Oriented Vendors (Non-agricultural products)a. These vendors may sell products and services of interest to young people.Such products or services shall involve active participation from youngpeople.b. Vendors in this category may include bounces, petting zoos, magicians,clowns, face painters, and puppet makers.(6) Non Profit Organizations and Community InformationNon profit organizations and community information groups may distributeliterature, and solicit signatures, volunteers and donations.(7) Performing Artistsa. Performing artists may distribute literature and sell products showcasingthe talents which they are demonstrating at the farmers’ market.9.4-47

MUNICIPAL CODE ARTICLE IX – LAND USE9420.18 9420.18b. Performing artists in this category may include musicians selling CDs andmerchandise, martial artists distributing literature, and dancers sellingvideos.(8) Local BusinessesLocal businesses located in the City may be eligible to have a table at the farmers’market for the sole purpose of distributing literature about the service(s) orproduct(s) they sell.(9) SponsorsSponsors may only advertise, distribute literature and provide free samples anddemonstrations of their products and services for the duration of their sponsorshipperiod.(B)(C)(D)(E)The Commission and the Council on appeal shall have the authority to determine theadmissibility of vendors and/or services and/or products for the farmers’ market asnecessary to protect the public’s health, safety, and welfare.Certified farmers’ markets events are limited to one (1) day per week for a maximum ofeight (8) hours per event.Operation of a certified farmers’ market shall conform to all the provisions of this sectionwhich include, but are not limited to locations, security, water supply, use of tents andcanopies, sanitation facilities, medical services, noise, signage, fire protection, trafficcontrol, and permits that may include building, electrical, health and tent.California Certified Farmers’ Markets are operated in accordance with regulationsestablished by the California Department of Food and Agriculture and must display avalid health permit.Section 9420.18. Special Outdoor Events – Nonresidential Zone.Special outdoor events are events of a predominantly noncommercial nature including, but notlimited to, pageants, fairs, carnivals, religious or entertainment events, and large communitygatherings in outdoor facilities. Special outdoor events are permitted in all nonresidential zonesprovided the following requirements are met:(A)General Requirements(1) Activities conducted on property owned by or leased to the City and on publicroad rights-of-way shall require an encroachment permit issued by the CityEngineer.9.4-48

MUNICIPAL CODE ARTICLE IX – LAND USE9420.20 9420.20(2) Events shall not exceed ten (10) consecutive days and shall not occur more thanfour (4) times in a calendar year.(3) Special outdoor events shall required City Planner approval prior to the start ofthe event. Furthermore, a Special Event Permit shall be required for specialoutdoor events of one hundred fifty (150) people or more, including spectatorsand participants.(B)ApplicationsApplications for Special Event Permits shall be referred by the City Planner to otheraffected City departments or other public agencies as may be appropriate for review andcomment.Issues including, but not limited to, security, food and water supply, use of tents andcanopies, sanitation facilities, medical services, noise, signage, fire protection, and trafficcontrol, shall be satisfactorily addressed by the applicant, as required by the City Planneror other City departments in their administration of other City regulations. Such otherregulations may require the applicant to obtain permits such as building, electrical,health, and tent permits from other outside agencies. Required permits by outsideagencies are the sole responsibility of the applicant.(C)Cash BondA cash bond or other guarantee for removal of the temporary use and cleanup andrestoration of the activity site within seven (7) days of the activity conclusion may berequired as a condition of the Special Event permit.(D)Liability InsuranceThe applicant must provide proof to the City of minimum liability insurance in an amountdetermined by the City Attorney for the special event prior to approval of the specialevent.(E)NotificationThe City Planner may also require the applicant to provide notification to affectedneighboring uses. Reasonable notification requirements shall be determined by the CityPlanner.Section 9420.20. Special Outdoor Events – Residential Zones or Land Uses.Within residential districts, special outdoor events may include, but are not limited to, pageants,fairs, carnivals, religious, or entertainment events and neighborhood or community gatherings in9.4-49

MUNICIPAL CODE ARTICLE IX – LAND USE9420.20 9420.20outdoor facilities where vehicular traffic on any public right-of-way would be impeded by theevent.Special outdoor events are permitted in all residential zones subject to the followingrequirements:(A)General Requirements(1) Activities conducted on property owned by or leased to the City or on publicrights-of-way shall require an encroachment permit issued by the City Engineer.(2) Events shall not exceed three (3) consecutive days and shall not occur more thanfour (4) times in a calendar year.(B)ApplicationsApplications for permits or certificates required by this section shall be referred by theCity Planner to other affected City departments or public agencies as may be appropriatefor review and comment.Issues, including but not limited to police and security, food and water supply, use oftents and canopies, sanitation facilities, medical services, noise, signage, fire protection,and traffic control, shall be satisfactorily addressed by the applicant, as required by theCity Planner or other City departments in their administration of other City regulations.Such other regulations may require the applicant to obtain permits such as building,electrical, health, tent, encroachment, and other permits. Required permits by outsideagencies are the sole responsibility of the applicant.(C)Cash BondA cash bond or other guarantee shall be posted with the City for removal of thetemporary use and cleanup and restoration of the activity site within seven (7) days of theconclusion of the event.(D)Liability InsuranceThe applicant must provide to the City proof of minimum liability insurance in an amountdetermined by the City Attorney for the special event prior to approval of the event.(E)NotificationThe City Planner may also require the applicant to provide notification to affectedneighboring uses. Reasonable notification requirements shall be determined by the CityPlanner.9.4-50

MUNICIPAL CODE ARTICLE IX – LAND USE9420.22 9420.22Section 9420.22. Garage, Yard, Moving, and Estate Sales.Upon the issuance of a permit by the City Planner, garage, yard, moving, or estate sales areallowed in the garage, driveway, and/or front yard or setback areas of a dwelling unit in the R-1,R-2, R-3, or R-3-O zones. Garage, yard, moving, and estate sales include the display of personalhousehold goods for sale.Garage, yard, moving, and estate sales shall be permitted as temporary accessory uses inresidential zones subject to the following regulations:(A)ApplicationAn application to conduct a garage, yard, moving, or estate sale shall be made to the CityPlanner provided on forms provided by the City Planner available at the City.(B)FeeSuch applicant shall pay a fee as determined by the Council Resolution for each permit atthe time of issuance.(C)Sale Frequency(1) Garage, yard, or moving sales may be conducted a maximum of two (2) times percalendar year per residence and may not be conducted for more than two (2)consecutive days or three (3) days on extended national holidays. Inclementweather may extend the period of time equal to the days lost.(2) Estate sales may be conducted a maximum of ten (10) days per calendar year perresidence and may not be conducted on more than two (2) consecutive weekends.(D)HoursThe hours of the garage, yard, moving, and estate sales shall be no earlier than 7:00 a.m.and no later than 8:00 p.m.(E)Sale Area(1) Garage, yard, and moving sales areas shall be confined to the garage and thedriveway area within the front setback area. Where no driveway exists, one-half(½) of the property width in the front setback area may be used for the sale ofmerchandise.(2) Estate sales shall only include sale of household goods inside the dwelling unit.9.4-51

MUNICIPAL CODE ARTICLE IX – LAND USE9422 9422.04(3) No item for sale shall obstruct the public right-of-way.(F)ProhibitionsIt is unlawful for any person to exchange, barter, trade, or sell any of the following at agarage, yard, moving, or estate sale: firearms, ammunition, or explosives;undomesticated animals and livestock; any item of personal property from which theserial number has been removed; or any other item prohibited by City, county, state, orfederal law. Additionally, outside consignments and lot purchases and the like shall notbe permitted.SECTION 9422. CONVALESCENT HOSPITALS AND NURSING HOMES.Section 9422.02. Intent and Purpose.The purpose of the section is to provide uniform criteria and minimum standards for thedevelopment or redevelopment of convalescent hospitals, nursing homes, and similarconvalescent uses, to ensure compatibility with surrounding land uses.Section 9422.04. Standards.The following standards shall be used in the construction of a new facility or the redevelopmentof an existing structure for convalescent uses.(A)(B)(C)(D)(E)(F)Private rooms shall have a minimum of one hundred fifty (150) square feet, exclusive ofbathrooms, cabinets, and the like.Rooms having two (2) beds shall have a minimum of two hundred (200) square feet,exclusive of bathrooms, cabinets, and the like.Rooms having three (3) beds shall have a minimum of three hundred (300) square feet,exclusive of bathrooms, cabinets, and the like.Rooms having four (4) beds shall have a minimum of four hundred (400) square feet,exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).Rooms having five (5) beds shall have a minimum of five hundred (500) square feet,exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).Rooms having six (6) beds shall have a minimum of six hundred (600) square feet,exclusive of bathrooms, cabinets, and the like, subject to Section 9422.04(G).9.4-52

MUNICIPAL CODE ARTICLE IX – LAND USE9422.06 9422.06(G)(H)(I)(J)(K)(L)(M)No more than twelve (12) percent of the patients may be maintained in rooms havingmore than three (3) beds per room, but in no case shall any one (1) room exceed six (6)patients.Patients’ rooms shall be set back twenty (20) feet from any public right-of-way and ten(10) feet from any area used for automobile parking. Setback areas abutting the publicright-of-way shall be landscaped with trees or shrubs. Setback areas adjacent to aparking area shall be landscaped with trees and shrubs, and a wall three (3) feet to threeand one-half (3-½) feet in height shall be constructed abutting the parking area.There shall be provided a separate bathroom not less than three (3) feet six (6) inches bysix (6) feet in each patient’s room, except that one bathroom may be provided for eachtwo (2) rooms having two (2) beds. Rooms having more than four (4) beds shall havetwo (2) toilets.Patients’ rooms having more than one bed shall have suitable curtain track for enclosingeach bed for privacy. Freestanding screens may be used as auxiliary equipment.A minimum distance of three (3) feet shall be provided between a bed and a parallel wall,four (4) feet between beds, and five (5) feet between the foot of a bed and walls. Wherean aisle separates two (2) beds, the width of the aisle shall be five (5) feet.Patients’ rooms and other facilities shall be arranged for the convenient use of patients inwheelchairs.One general bathing area shall be provided, which shall include a bathtub and shower, foreach twelve (12) beds.Section 9422.06. General Requirements.(A)(B)(C)(D)A main lobby and waiting room shall be provided having not less than nine hundred(900) square feet of floor area. A public telephone shall be provided in or near the lobby.A covered entrance extending to a driveway shall be provided.There shall be provided a multi-purpose recreation room having not less than fourhundred (400) square feet of floor area for each forty (40) patients. Such room may bereduced to three hundred (300) square feet when an ancillary reading-recreational roomof at least one hundred (100) square feet is provided for each forty (40) patients.There shall be provided a main dining room having not less than eighteen (18) square feetof floor area for each person for whom the accommodations are designed based onmaximum occupancy.9.4-53

MUNICIPAL CODE ARTICLE IX – LAND USE9424 9424.02(E)(F)(G)(H)(I)(J)A physical therapy room shall be provided having not less than four (4) square feet offloor area for each authorized bed.Visiting hours shall not be less than five (5) hours per day, seven (7) days a week, andshall extend to 8:00 p.m.The height of ceilings in all rooms and areaways shall be not less than eight (8) feet.The minimum width of corridors shall be not less than nine (9) feet.The total glass area of a patient’s room shall be not less than two-thirds (2/3) the width orone-half (½) the height of a wall opening to an area outside the building. Fixed tintedwindows shall be installed in all patients’ rooms adjacent to any public right-of-way.Doors to patients’ rooms, recreation rooms, dining rooms, and general bathing areas shallbe not less than four (4) feet in width.(K) The opposite walls of interior or open end court yards shall not be closer than thirty (30)feet. Trees, shrubs, and the like shall be permanently maintained. Walkways shall not belocated closer than seven (7) feet to the patients’ rooms. Adequate benches shall beprovided.(L)(M)(N)Individual room lighting shall be provided for each room, and night stands shall beprovided for each bed.Patients’ rooms shall have individual closet space for each bed.Patients’ rooms shall be provided with air conditioning to the standards of the Buildingand Safety Division.SECTION 9424. TEMPORARY USES AND STRUCTURES.Section 9424.02. Intent and Purpose.The intent and purpose of this section is to allow for the establishment of certain temporary usesof limited duration, provided that such uses are discontinued upon the expiration of a set timeperiod. Temporary uses do not involve the construction or alteration of any permanent buildingor structure. Temporary uses shall require a Temporary Use of Land Permit in accordance withthe provisions of Section 9814. Some temporary uses may be considered a special event inaccordance with the provisions of Section 9420 and may be subject to a Special Event Permit inaccordance with the provisions of Section 9814.9.4-54

MUNICIPAL CODE ARTICLE IX – LAND USE9424.04 9424.04Section 9424.04. General Standards.All temporary uses and structures shall meet the following general requirements, unlessotherwise specified in this section:(A)(B)(C)(D)(E)(F)(G)(H)(I)(J)(K)(L)(M)The temporary use shall not be detrimental to property or improvements in thesurrounding area or to the public health, safety, or general welfare.The temporary use shall not have substantial adverse noise impacts on nearby residentialuses.Fencing and screening shall be required, and reviewed and regulated as part of theTemporary Use of Land permit.Permanent alterations to the site are prohibited.If the property is developed, the site of the temporary use shall contain an area thatsupports the temporary use without encroaching into or creating a negative impact onexisting buffers, open space, landscaping, pedestrian and vehicular traffic movements(including emergency vehicle access), and parking space availability.If the property is undeveloped, the site of the temporary use shall contain sufficient landarea to allow the temporary use to occur, as well as any parking and traffic movementthat may be associated with the temporary use, without disturbing sensitive or protectedresources, including required buffers.Temporary structures shall be located so as to not interfere with the normal operations ofany permanent use located on the property.The temporary use shall not violate any applicable conditions of approval that apply tothe main use on the site.Off-street parking shall be adequate to accommodate the proposed temporary use.All approved temporary signs associated with the temporary use shall be removed whenthe activity ends.All inspections and permits required by applicable construction codes shall be obtained.Any temporary use or structure, which will be utilized for longer than ninety (90) days,may be reviewed for aesthetic impacts by the City Planner.Any temporary use or structure shall provide on-site, ADA accessible, sanitary restroomfacilities.9.4-55

MUNICIPAL CODE ARTICLE IX – LAND USE9424.06 9424.06(N)All temporary structures shall be approved through a Temporary Use of Land Permit inaccordance with the procedures in Section 9814, unless otherwise approved inaccordance with the procedures in Section 9420 and Special Event Permit procedures inSection 9814.Section 9424.06. Specific Standards.(A)Construction-Related Activities – Temporary Buildings and Building MaterialsTemporary construction-related activities, including construction offices and storagebuildings, outdoor storage, restroom facilities, employee parking areas, and any othertemporary construction-related use or activity may occur on a lot in any zone during theconstruction period, but not for a time period exceeding one (1) year. Such temporarystorage of building materials and such buildings and structures shall be removedimmediately upon the completion of the project. The City Planner, for good causeshown, may extend the time not to exceed one (1) year. The lot or area used fortemporary activities shall be restored to its previous condition or integrated into the newdevelopment consistent with approved permits for the site.(B)Temporary Construction FencesTemporary construction fences may be approved by the Building Official on a lot in anyzone during the construction period, but not for a time period exceeding one (1) year.Temporary construction fences shall not require a Temporary Use of Land Permit. Suchtemporary construction fences shall be removed immediately upon the completion of theproject. The Building Official, for good cause shown, may extend the time not to exceedone (1) year.(C)Temporary DwellingsIn any residential zone an existing dwelling on a lot may be used for temporary dwellingpurposes during the construction of a permanent dwelling, and the nearest portion of thetemporary dwelling shall be located not closer than fifty (50) feet to the front lot line, andin no case shall such temporary dwelling remain on such lot longer than sixty (60)calendar days after the completion of the permanent dwelling.(D)Temporary OccupanciesThe temporary occupancy of managerial units may be granted for rental property. Anindividual building in multi-building developments may be granted temporary occupancyprovided all units in the building are complete; all yard improvements, such as walks,paving, parking, solid waste storage areas, or other requirements for that building, arecomplete; and provided the occupancy of all units in the last building of a multi-buildingdevelopment shall be withheld until all requirements of the project have been completed.9.4-56

MUNICIPAL CODE ARTICLE IX – LAND USE9426 9426.04SECTION 9426. WIRELESS COMMUNICATION FACILITIES.Section 9426.02. Intent and Purpose.The purpose of these requirements is to provide placement, design, and screening criteria toregulate the establishment of wireless communication facilities to protect the public health,safety, general welfare, and quality of life in the City, while providing needed flexibility towireless communication providers. Additionally, these regulations protect the visual aestheticsof the community through the promotion of stealthing techniques that architecturally integrate orcamouflage cellular facilities with their surroundings.Section 9426.04. Development Regulations.(A)Applicants proposing the development of wireless communication facilities in the Cityshall locate their antennas based on the following priorities:(1) Collocation onto an existing tower facility or on the side, roof, and/or penthouseof an existing building that has other wireless facilities.(2) On the side, roof, and/or penthouse of an existing building that does not haveother wireless facilities.(3) Construction of a new tower facility.(B)Wireless communication facilities shall require approval of a Conditional Use Permit,pursuant to Section 9824, and shall be subject to the following regulations:(1) Wireless communication facilities shall not be located within the R-1 or R-2zones.(2) In the R-3, R-3-O, and M-U zones, wireless communication facilities shall onlybe located on the side, roof, and/or penthouse of an existing building.(3) In all other zones, wireless communication facilities may be located either on theside, roof, and/or penthouse of an existing building; or may be located on a newtower facility.(4) In addition to findings set forth in Section 9824, when approving a wirelesscommunication facility, the Commission shall make the following findings:a. Antennas that are located on the side, roof, and/or penthouse of an existingbuilding are properly integrated into the subject building’s design.9.4-57

MUNICIPAL CODE ARTICLE IX – LAND USE9426.04 9426.04b. Cellular tower facilities have been stealthed in an architecturallyappropriate manner and have been designed to be consistent withsurrounding land uses.(5) Wireless communication facilities shall not bear any signs or advertising devicesexcept for warnings, certification, or other required seals or signing addressingpublic safety.(6) All accessory equipment associated with the operation of a wirelesscommunication facility shall be located within a building enclosure, or in anunderground vault that complies with the development standards of the zone inwhich the accessory equipment is located. If the equipment is to be located aboveground, it shall be housed in a structure that is visually compatible with thesurrounding buildings and include sufficient landscaping to screen the structurefrom view.(7) Facilities shall be constructed with colors and non-reflective materials that blendwith their surroundings.(8) Facilities should be located whenever possible where the existing topography,vegetation, buildings, or other structures provide the greatest amount of screening.(9) Ground-mounted facilities should be located whenever possible near light poles,trees, water tanks, church steeples, and in areas where the proposed facility willnot excessively detract from the image of the City.(10) All wireless communication facilities shall be located at the lowest possibleheight that will allow them to operate. In no case shall any such facility exceedthe maximum permitted height for the applicable zone in which it is to be located,except as listed below:.a. Wireless communication facilities that are located on the roof of anexisting building may extend to, and shall not exceed, a height of six (6)feet above the roof of the building.b. Antennas that are collocated onto an existing cellular tower, or on the sideof a building, may be permitted at any height, provided the height of thecellular tower or existing building is not increased and the antennas do notexceed the existing height of the tower or building.c. Cellular tower facilities on properties zoned C-1 shall not exceed theheight limits allowed for the C-2 zone.9.4-58

MUNICIPAL CODE ARTICLE IX – LAND USE9426.06 9426.10(11) Wireless communication facilities shall comply with all setback, buildingseparation, lot coverage, landscaping, variable height, and all other additionalstandards established for the zone in which the tower facility is to be located, andas determined by the City Planner.Section 9426.06. Applications.In addition to the submittal requirements set forth in Section 9824, the following informationshall be submitted with an application for a wireless communication facility:(A)(B)(C)Propagation maps of the immediate area that demonstrate network coverage with andwithout the proposed facility.Network master plan that shows the location (including address) of all existing andproposed wireless antennas for the provider within the City of Downey.Photographic simulations that demonstrate how the facility will appear on the site.Section 9426.08. Citizen Band Equipment.Persons establishing, constructing, operating, or maintaining citizen band equipment shallconform to all Federal Communications Commission (FCC) regulations and the DowneyMunicipal Code.Section 9426.10. Satellite Dish Antennas.Satellite dish antennas shall be reviewed and approved by the City Planner for compliance withthe following development standards:(A)Satellite dish antennas shall not be permitted in the required front yard or street side yard(corner lots), except for the following:(1) Satellite dish antennas including portable dish antennas two (2) feet in diameter orsmaller.(B)(C)(D)Ground-mounted satellite dish antennas shall not exceed a height of fifteen (15) feet tothe top of the dish.All satellite dish antennas shall be supported on a stable, supported base or towerapproved by the Building and Safety Division.Application for permits for roof-mounted satellite dish antennas greater than two (2) feetin diameter shall be reviewed and approved through the Site Plan Review process by the9.4-59

MUNICIPAL CODE ARTICLE IX – LAND USE9426.12 9426.14Commission. The Commission shall require the applicant to demonstrate that a suitablelocation does not exist on the property for a ground-mounted antenna. Valid reasons forlack of suitability include electrical interference, lack of space due to existing propertyimprovements, and conflict with other ordinances or easements.(E)(F)(G)The maximum diameter of a roof-mounted satellite dish antenna on the principaldwelling or accessory structure shall be five (5) feet, and the roof-mounted satellite dishantenna shall be restricted to the rear one-half (½) of the principal dwelling or accessorystructure from any street frontage.The top of a roof-mounted antenna greater than two (2) feet in diameter shall not exceedfive (5) feet from the top of the antenna to a point on the roof directly below.The Commission shall require that the placement of each approved roof-mounted antennain conformance with these regulations minimizes visibility from the street.Section 9426.12. Abandonment.(A)Lawfully erected wireless communication facilities that are no longer being used shall beremoved promptly from the premises and in no circumstance later than thirty (30) daysafter the discontinuation of said use. A facility is considered abandoned if it no longerprovides wireless communication service. Such removal shall be in accordance withproper health and safety requirements.(B) All facilities determined to be abandoned and not removed within the required thirty (30)day period from the date of notice shall be in violation of this article, and operators of thefacility and the owners of the property shall be subject to penalties for violations underSection 9426.14. The City may remove all abandoned facilities following the thirty (30)day removal period at the operators’ expense. Facilities removed by the City shall bestored for fifteen (15) days before being disposed of by the City.Section 9426.14. Violations and Penalties.Violations of this section shall constitute a misdemeanor punishable by fine or imprisonment orboth pursuant to Chapter 2 of this article. Each day the violation continues is punishable as aseparate offense pursuant to Article I, Chapter 2, Section 1200 of the Downey Municipal Code.9.4-60

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 5SUPPLEMENTAL REGULATIONS

MUNICIPAL CODE ARTICLE IX – LAND USE9502 9502CHAPTER 5 – SUPPLEMENTAL REGULATIONSCHAPTER CONTENTSSECTION 9502. ACCESS AND ZONES.SECTION 9504. AIR CONDITIONING, MECHANICAL ROOF, AND UTILITYEQUIPMENT.SECTION 9506. APPROVAL OF ACQUISITION OF PROPERTY FOR PUBLICPURPOSES.SECTION 9508. BUILDINGS MOVED.SECTION 9510. CONVERSION OF RESIDENTIAL BUILDINGS TO MULTIPLEOWNERSHIP.SECTION 9512. DENSITY BONUS.SECTION 9514. DOMESTIC ANIMALS.SECTION 9516. ENVIRONMENTAL PROTECTION STANDARDS.SECTION 9518. FIREWORKS.SECTION 9520. LANDSCAPING, LIGHTING, AND WALLS.SECTION 9522. LOT AND STREET STANDARDS.SECTION 9524. PUBLIC ADDRESS SYSTEMS.SECTION 9526. PUBLIC UTILITIES.SECTION 9528. SOLID WASTE.SECTION 9530. TRANSPORTATION DEMAND MANAGEMENT.SECTION 9532. USE OF TRAILERS.SECTION 9534. YARDS, SETBACKS, AND HEIGHT EXCEPTIONS.SECTION 9502. ACCESS AND ZONES.Access to or from any lot, or portion of any lot, in a parking, commercial, or manufacturing zoneshall not be permitted through or across any lot, or portion of any lot, in a residential zone,unless:(A)(B)(C)No other access to such lot is available and practicable;Such access will not be detrimental to, or alter the character of, the lot and the usespermitted in the applicable residential zone; andThe Commission so finds and states its approval in writing.9.5-1

MUNICIPAL CODE ARTICLE IX – LAND USE9504 9504SECTION 9504. AIR CONDITIONING, MECHANICAL ROOF, AND UTILITYEQUIPMENT.All air conditioning, mechanical roof, and utility equipment shall be designed and located so asto not transmit noise or vibration to abutting properties. Such equipment shall also be screenedfrom view from abutting or adjacent properties or public streets by the use of landscape screens,walls, or other devices, and such screening shall consider the view of air conditioning equipmentfrom abutting multi-story buildings. See Figures 9.5.1 and 9.5.2.Figure 9.5.1. Typical Screening of Mechanical Roof EquipmentFigure 9.5.2. Typical Screening of Outdoor Surface EquipmentThe determination of the adequacy of screening shall be made at the time of Site Plan Review.In addition, the following shall be required:(A)In residential zones, no swimming pool, water heater, or air conditioning equipment shallbe located in any street setback or within five (5) feet of an interior property line.9.5-2

MUNICIPAL CODE ARTICLE IX – LAND USE9506 9510.02(B)(C)(D)(D)In the R-1 and R-2 zone, there shall be no roof mounted equipment, except small windenergy systems, solar water heaters, solar power, or other passive solar energy systems.In commercial or industrial zones, no swimming pool, air conditioning, or utilityequipment (transformer pads, and the like) shall be located within any portion of a streetsetback required to be landscaped or within a setback required adjacent to a residentialzone.Screening materials shall be architecturally compatible with the principal building andadjacent structures subject to the approval of the City Planner.See Section 4606 of Chapter 6 of Article IV of this Code.SECTION 9506. APPROVAL OF ACQUISITION OF PROPERTY FOR PUBLICPURPOSES.The Council may attach restrictions, conditions, and requirements to the acquisition of any lot,square, park, or other public ground or open space by any public entity, including the City, inorder to carry out the purpose and intent of this chapter. As required by Government CodeSection 65402, any such acquisition shall be submitted to and reported upon by the Commissionas to the conformity of the acquisition with the adopted General Plan prior to its approval. TheCommission shall issue its report on the conformity of said acquisition with the General Plan asrequired by the Government Code, unless a longer period of time is granted by the Council.SECTION 9508. BUILDINGS MOVED.Any building or structure, except for mobile/manufactured homes, moved onto any lot or parcelof land shall conform to all applicable provisions of this article and be subject to Site PlanReview as required by Section 9820.SECTION 9510. CONVERSION OF RESIDENTIAL BUILDINGS TO MULTIPLEOWNERSHIP.Section 9510.02. Intent and Purpose.The intent and purpose of this section is to:(A)(B)Provide standards for the conversion of existing multiple-family rental housing tomultiple ownership housing;Increase home ownership opportunities for all segments of the population;9.5-3

MUNICIPAL CODE ARTICLE IX – LAND USE9510.04 9510.08(C)(D)(E)(F)(G)Mitigate the hardship caused by displacement of tenants, particularly those in low tomoderate cost housing and those who are elderly, handicapped, disabled, and familieswith minor children;Promote the safety of conversion projects and correction of Building Code violations insuch projects;Provide adequate off-street parking at multiple ownership housing;Protect existing rental housing stock by regulating conversions; andEnsure that conversions are consistent with the public health, safety, and welfare of theCity and its residents.Section 9510.04. Applicability.The provisions of this section shall apply to all Tentative Tract Maps and Parcel Maps for theconversions of existing multiple-family rental housing to condominiums, planned developmentunits, townhouses, stock cooperatives, or community housing projects.Section 9510.06. General Requirements.Each property shall comply with the provisions of this section, applicable sections of Article IX,Chapters 1 and 2, the State of California Subdivision Map Act, the California EnvironmentalQuality Act (CEQA), the City’s adopted General Plan, and adopted Specific Plans. Conversionslocated within redevelopment district boundaries shall be approved only if plans are consistentwith the City’s redevelopment standards, as approved by the Community DevelopmentCommission.Section 9510.08. Application for Conversion.In addition to the requirements relating to application for a Tentative Tract Map or Parcel Mapand Conditional Use Permit, the application for a condominium conversion shall include thefollowing:(A)Preliminary Application ProceduresA preliminary condominium conversion application consisting of:(1) Tenant and rental information which shall consist of the name and address of eachpresent tenant of the project, and the identification of the vacant units. This listshall be updated prior to subsequent hearings.9.5-4

MUNICIPAL CODE ARTICLE IX – LAND USE9510.08 9510.08(2) Schedule of proposed improvements which shall be made to the project prior totheir sale; said list shall not prohibit the applicant from making additionalimprovements.(3) A plot plan of the project including the location and sizes of structures, parkinglayout, and access areas.(4) A request for inspection of the entire property and individual dwelling units priorto filing a formal application for conversion. This inspection shall consist of a:a. Property report which shall describe in detail any Building Codeviolations, the conditions and remaining useful life of all structures, roofs,foundations, mechanical, electrical, plumbing, structural elements, energyconservation efficiency, plus an analysis of the general condition ofceilings, walls, doors, windows, and appliances. Said report shall beprepared by a team consisting of an approved registered civil or structuralengineer, a licensed architect, or registered architectural designer, and alicensed general contractor. The cost of such report shall be at theapplicant’s expense. If building inspection reports have been submitted tothe California Department of Real Estate, such reports shall be furnishedto the City;b. Structural pest control report, prepared by a licensed pest controlcontractor;c. Acoustical report, indicating:i. The type of construction between the dwelling units and thegeneral sound attenuation characteristics of such construction, orindicating the level of sound attenuation between dwelling units,andii.The feasibility of various levels of improvements, prepared by aqualified acoustical engineer; andd. Utility metering reports, if the units of the building are not individuallymetered, indicating the feasibility of individual or submetering, preparedby qualified engineers.(B)Formal Application ProceduresSubject to satisfactorily completing the requirements of Section 9510.08(A), the applicantshall, upon approval by the City Planner, file a formal application. The review of each9.5-5

MUNICIPAL CODE ARTICLE IX – LAND USE9510.10 9510.10application will then be conducted in accordance with the procedures established by thisarticle. The following information shall be submitted at the time of filing:(1) Two (2) copies of a preliminary draft of the proposed CC&Rs, By-Laws, andArticles of Incorporation for the Home Owner’s Association to be recorded asrequired by State Law. Once these documents are accepted in final form by theCity Planner, no portion of the Declaration shall be amended, modified, orchanged unless required by the Department of Real Estate, without first obtainingthe written consent of the City Planner. Each document shall contain a statementto that effect at the end of such provision.(2) The CC&Rs shall:a. Require maintenance of Impact Insulation Class. The Impact InsulationClass (IIC) rating of all separating floor/ceiling assemblies, as required bySection 9510.14, Correction of Deficiencies shall be described in theDeclaration. Where the minimum IIC rating is obtained through the use offloor covering(s), the Declaration shall provide for any purpose exceptcleaning or replacement, and further provide that any replacementcovering(s) shall furnish the same or a greater degree of impact insulationas that originally installed;b. Incorporate a parking management plan indicating parking space(s) whichwill be assigned exclusively to each dwelling unit and preclude the rentalof garage units for use by anyone but owners or tenants of the subjectproperty;c. Preclude the parking of recreational vehicles on the subject propertyunless specific separate parking stalls are approved by the Commission;d. Specify the type of installation of antennae for television and radio of alltypes;e. Specify the type of installation and operation of solar heating equipment;andf. Specify the remodeling of all units, particularly any exterior buildingmodifications that must be approved during Site Plan Review.Section 9510.10. Required Filings.In addition to filing the application for conversion, the applicant shall file the following:9.5-6

MUNICIPAL CODE ARTICLE IX – LAND USE9510.12 9510.12(A)Conditional Use PermitProperty to be converted to multiple ownership in a residential zone shall be subject to aConditional Use Permit approval from the City, and to all other applicable provisions.(B)Tentative Tract or Parcel MapAll multiple ownership conversions including, but not limited to, condominiums, planneddevelopment units, townhouses, stock cooperatives, and community apartment projectsshall be considered subdivisions and consequently subject to the City’s subdivisionregulations.(1) Sixty (60) days prior to submitting a tract map for final acceptance by the City,the developer shall submit to the City, two (2) copies of the final draft of theCC&Rs, By-Laws, and the Articles of Incorporation for approval.Section 9510.12. Minimum Conversion Standards.All applicable development standards based on the subject property’s zoning shall apply to aconversion to multiple ownership, except that the Commission shall have the right to requirethose standards necessary to meet City goals. Conversions shall not be approved which fail tomeet the following minimum standards:(A)Lot Area Requirements(1) Apartment conversions in residential areas shall provide minimum lot size anddimension standards as required for the underlying zone by Chapter 3.(2) Apartment conversions in the M-U Zone shall have a minimum lot area of not lessthan twelve thousand (12,000) square feet of area, provided all applicable zoningstandards are met.(B)Land Area Per Unit (conversion only)(1) In the R-3 and R-3-O Zones, each lot shall have a minimum net area of not lessthan one thousand six hundred seventy-five (1,675) square feet of land per unit.(2) In the M-U Zone, each lot shall have a minimum net area of not less than (onethousand six hundred seventy-five (1,675) square feet of land per unit.(C)Fire SafetyThe following fire safety standards shall be required for all condominium conversions:9.5-7

MUNICIPAL CODE ARTICLE IX – LAND USE9510.12 9510.12(1) Fire walls and doors shall be installed complying with Fire Prevention Codestandards and Building and Safety Division requirements.(2) Each dwelling unit within an apartment conversion project shall have a smokedetection device which meets the requirements of the Uniform Building Code.Additionally, there shall be installed a local fire alarm warning system designed tomeet the requirements of the Fire Department.(3) Fire extinguishers shall be provided and maintained as per requirements of theUniform Fire Code.(D)ParkingResidential conversions require a minimum of two (2) parking spaces for each unitconverted, one (1) of which must be a covered parking space. Guest parking shall beprovided as set forth by the Commission in the Conditional Use Permit. The CC&Rs fora residential conversion shall also include a condition that no residential unit owner’srecreational vehicle, boat, trailer, etc., shall be parked in any guest parking space.(E)NoiseFloor-to-ceiling assemblies between separate units shall meet a Sound TransmissionClass Rating of fifty (50), as certified in the inspection report, with the exception of thebathroom and kitchen which shall have a Sound Transmission Class Rating of not lessthan forty-five (45). Wall-to-wall carpeting shall be required in all rooms of dwellingunits with the exception of bathroom, kitchen, and private open space areas.(F)Property StorageCabinets shall be provided for each dwelling unit within a garage or carport. Suchcabinets shall have not less than one hundred sixty (160) cubic feet of area for twoparking spaces and eighty (80) cubic feet for one covered space, with a minimum depthof twenty-four (24) inches, and shall be constructed of one-half (½) inch plywood orother suitable material equipped with hinges and locking devices.(G)Street Improvements(1) At the time of conversions, any necessary street dedications shall be establishedby the Commission.(2) The subdivider shall improve, or post a cash bond or letter of credit with the Cityguaranteeing the installation of improvements, to City standards, in substandardstreets or deficient street improvements abutting the property, to the satisfactionof the City Engineer. These improvements may include, but shall not be limited9.5-8

MUNICIPAL CODE ARTICLE IX – LAND USE9510.12 9510.12to dedication, curbs, gutters, paving, sidewalks, ramps, driveways, drainagedevices, trees and tree wells, and streetlights.(3) The width of the public rights-of-way and roadway of the street(s) abutting theproperty shall conform to the minimum standard established by the CirculationElement of the General Plan or as otherwise established by the City.(H)SetbackResidential conversions shall have side setbacks not less than five (5) feet. Distancesbetween buildings on the same property having doors or windows which are oppositeeach other shall not be less than ten (10) feet for one (1) story structures, fifteen (15) feetfor two (2) story structures and twenty (20) feet for three (3) story structures.(I)Density Bonus (Conversion only)A density bonus or a development incentive of equivalent financial value shall be grantedfor a multiple-family ownership conversion when the applicant agrees to provide:(1) At least thirty-three (33) percent of the total units of the proposed condominiumproject to persons and families of low or moderate income, ora. Units targeted “for-sale” to a moderate income household shall beaffordable if the total monthly payment required by the household topurchase and occupy the unit does not exceed thirty (30) percent of themonthly income of a family (of the appropriate family size for the unit perthe occupancy standards of the U.S. Department of Housing and UrbanDevelopment) with a monthly income between eighty (80) and onehundred twenty (120) percent of the County median income.(2) Fifteen (15) percent of the total units to lower income households, anda. Units targeted “for sale” to a lower income household shall be affordableif the total monthly payment required by the household to purchase andoccupy the unit does not exceed thirty (30) percent of the monthly incomeof a family (of the appropriate family size for the unit per the occupancystandards of the U.S. Department of Housing and Urban Development)with a monthly income no more than eighty (80) percent of the Countymedian income.(3) Agrees to pay for the reasonably necessary administrative costs incurred by theCity pursuant to this section.9.5-9

MUNICIPAL CODE ARTICLE IX – LAND USE9510.14 9510.14(4) A development agreement shall be entered into between the developer and theCity which shall require the developer to provide any of the applicablepercentages of affordable housing as provided in sections 9510.12(I)(1) and9510.12(I)(2) above. The development agreement shall also require the developerto adopt and record CC&Rs against the property, which shall run with the land, tocovenant that the required percentage of affordable housing of all designateddensity bonus units continue for such time as may be agreed by the developer andthe City. Upon change in the occupancy or ownership of an affordable housingunit, notice shall be given to the Housing Division as set forth in the CC&Rs. TheHousing Division shall review each tenant or owner proposed to occupy anaffordable housing unit to determine the eligibility of such tenant or owner.(5) An applicant for approval to convert apartments to a condominium project with adensity bonus or development incentive shall submit to the City a preliminaryproposal prior to the submittal of any formal requests for subdivision mapapprovals. The City shall, within ninety (90) days of receipt of a written proposalaccepted by the City, notify the applicant in writing, of the procedures forcarrying out the request. The Commission and then the Council shall review andapprove the conversion project with density bonus.(6) Nothing in this section shall be construed to require the City to approve anyproposal to convert apartments to condominiums.(7) An applicant shall be ineligible for the density bonus or other incentives underthis section if the apartments proposed for a conversion constitute a housingdevelopment for which the density bonus or other incentives were provided underSection 9512, Density Bonus.Section 9510.14. Correction of Deficiencies.(A)Design Requirements(1) The general appearance of the proposed conversion shall contribute to the orderlyand harmonious development of the community as a whole. This shall include areview of all elevations of the conversion. Such review shall be conducted duringSite Plan Review.(2) Vehicular access ways shall be designed to eliminate an alley-like appearancewhen possible.(B)ExteriorsAll exterior surfaces shall be brought up to original standards by painting, repairing, restuccoing,or replacement.9.5-10

MUNICIPAL CODE ARTICLE IX – LAND USE9510.14 9510.14(C)LandscapingPlans shall be submitted indicating condition of all landscaped areas on the propertyincluding walkways, recreation areas, and a plan for refurbishing, including:(1) Installation of an automatic irrigation system.(2) The lighting system, including security lights.(3) Residential properties developed with multiple unit buildings shall provide usableopen space as required by Section 9312.08.(4) Open space shall include all usable areas on the site, exclusive of the areasrequired for setbacks, driveways, parking areas, and storage. Credit for openspace can be received for private patios and other recreational facilities includingrecreation rooms, swimming pools, and other special facilities determined by theCommission to have a significant positive impact on the project.(D)RoofsRoofs having less than five (5) years remaining life shall be re-roofed, including parapets,vents, and sheet metal of any kind.(E)Perimeter Property Line Walls and Areas(1) Decorative walls shall be constructed on the rear and side yard of each conversiondevelopment as required by Section 9520, except where the City Plannerdetermines that such walls will adversely impact driveway access.(2) The Commission shall review and determine if any structures, amenities,landscaping, walkways, perimeter treatments, or decorative portions of the projectneed to be refurbished and/or restored. These elements shall be upgraded to Citystandards, including Housing Code, prior to the applicant submitting his/her finalsubdivision map to the City for approval.(F)Heating and Air Conditioning Equipment(1) All equipment shall be completely serviced by a State-licensed heating and airconditioning contractor, who then will provide a written statement that they haveat least a six (6) year remaining life. Wall-mounted air conditioners or heatpumps shall be exempt from this requirement.9.5-11

MUNICIPAL CODE ARTICLE IX – LAND USE9510.14 9510.14(2) The applicant shall pre-pay a twelve (12) month maintenance contract on behalfof the Home Owner’s Association.(G)Utilities(1) Each converted unit within a building shall have individual meters for gas andelectricity.(2) A master meter for water shall be permitted; however, shutoff valves shall beinstalled for each unit.(H)PlumbingAll fixtures shall be replaced, except in those cases where the Building Officialdetermines fixtures are less than one (1) year old or are to a standard comparable to newfixtures.(I)Appliance and Light Fixtures(1) All appliances shall be new or refurbished to equal new standards if supplied insale of unit.(2) Light fixtures shall be repaired, or replaced, and brought up to current Code asneeded.(3) All clothes washers, hot water heaters, and other appliances which the BuildingSection determined to be potential sources of water leakage or flooding shall havebuilt-in drip pans and appropriate drains installed except in those cases wheresuch equipment is located on a cement slab.(J)Bathrooms(1) Tile in showers and tubs is to be cleaned, re-grouted, or replaced.(2) Replace all marlite, plastic, or cement-coated walls with tile or unitized tubs orshowers.(3) Shower pans shall be replaced unless approved by the Building Official.(K)Doors(1) All exterior doors shall be of solid core construction with a minimum thickness ofone and three-quarters (1¾) inch thickness, except glass doors.9.5-12

MUNICIPAL CODE ARTICLE IX – LAND USE9510.16 9510.16(2) Exterior doors, sliding glass doors, and double entry doors shall be equipped withCity-approved safety locks and dead latch mechanism. Locks shall not have amaster key.(3) All exterior doors shall be completely weather-stripped.(4) All other doors shall be repaired, painted, or replaced, including hardware whereneeded.(L)Attic Access BuildingsAny buildings with attic access shall be provided with insulation to an R-19 value.(M)CabinetsAll storage cabinets are to be painted and brought up to a near new condition. Replace allcabinets that are beyond repair and obsolete.(N)Hot Water EquipmentHot water equipment shall be adequate to allow adequate consumption for eachindividual unit. Dependent upon the type and size of utilities to be provided and the sizeof units, the Building Official shall determine the amount of hot water capacity to beprovided to all units.Section 9510.16. Maintenance Fund.A property owner subdivider wishing to convert an apartment complex for sale as a multipleownership facility shall provide each prospective buyer with a statement listing a history ofconversion repairs and a copy of the City inspection team’s report as required in Section9510.18. For all buildings more than three (3) years of age, the developer shall post moneys tobe used for large-scale repairs. Such money shall be held in a bona fide trust account, to be heldseparately from regular monthly maintenance fees’ accounts. The use of this fee shall beestablished by the City-approved by-laws for each development. They shall be utilized for largescalerepairs affecting the entire complex. The City Planner shall compute the total sum ofmoney to be deposited in the trust account by determining Value A, Value B, and Value C usingTable 9.5.1, and then multiplying Value A by Value B plus Value C.9.5-13

MUNICIPAL CODE ARTICLE IX – LAND USE9510.18 9510.18Table 9.5.1Large-Scale Repairs Deposit Calculation: Schedule of Values for A, B, and CCriteriaTotal number of units within the complex:Value of A1-3 units $500 per unit4-8 units $400 per unit9-14 units $300 per unit15 or more units $200 per unitAge of the complex:Value of B1-3 years 04-8 years 19-11 years 215 or more years 3Total number of units within the complex:Value of C8 or fewer units $1,0009-14 units $2,90015 or more units $6,000Value(A) For example, the total amount of money to be set up in trust for the conversion of ten (10)year-old complex with a total of eight (8) units would be calculated as follows:Using Table 9.5.1:Value A = 8 units x $400 per unit = $3,200Value B = 10 years = 2Value C = 8 units = $1,000(Value A) x (Value B) + (Value C) = Total amount of deposit; therefore:($3,200) x (2) + ($1,000) = $7,400.(B)The developer of a converted complex shall also pay the monthly association fee requiredfor each unit that is unsold at the time each unit’s association fee is due to the HomeOwner’s Association from the time the first unit in that complex closes escrow.Section 9510.18. Final Inspection Report.A final inspection report shall be made by the Building Official prior to consideration of the finalsubdivision map, or parcel map, indicating the compliance with all requirements imposed herein.(A)The subdivider shall improve, or post a cash bond or letter of credit with the Cityguaranteeing the installation of improvements to City standards, in substandard streets ordeficient street improvements abutting the property, to the satisfaction of the CityPlanner. These improvements may include, but shall not be limited to dedication, curbs,gutters, paving, sidewalks, ramps, driveways, drainage devices, trees and tree wells, andstreet lights.9.5-14

MUNICIPAL CODE ARTICLE IX – LAND USE9510.20 9510.20Section 9510.20. Responsibility of Subdivider to Tenant.(A)(B)(C)The applicant shall notify, in writing, all tenants in any building being proposed forconversion not less than twenty (20) days prior to the Commission meeting regarding thetentative map for the proposed conversion.Each tenant shall be given a minimum of one hundred fifty (150) days’ written notice ofintention to convert prior to termination of tenancy due to a conversion or proposedconversion.Tenants shall be given an exclusive right to contract to purchase their unit at equal ormore favorable terms and conditions than such units initially offered to the general publicnot less than twenty (20) days from the day of issuance of the subdivision public report(Business and Professions Code Section 11018.2) unless tenant gives prior written noticeof his/her intention not to exercise this right.(1) The property owner of a complex being converted shall give the tenants thereofthe right to terminate leases without penalty at any time after the tenant receiveswritten notice that the building has been approved for conversion.(D)(E)(F)(G)Unless tenants of the building proposed to be converted are given written notice of theintention to convert to condominiums by the owner or owner’s agent at the time a tenantsigns a rental or lease agreement, the subdivider shall compensate the tenant for theirrelocation not to exceed the fee set by City Council Resolution, to be paid at the time thenotice of termination (eviction) is presented to the tenant (if prior to the submittal of thefinal map); if termination of residency has not been noticed, and the relocation fee notpaid prior to the filing of the final map, the owner of the property shall submit writtenevidence to the City that he/she has entered into an agreement with each tenant to provideactual cost of relocation not to exceed the fee set by City Council Resolution to saidtenant at the time the notice of termination of eviction is served.Tenants with children may not be excluded from purchasing units being converted.The property owner shall allow tenants with children to extend their lease to the end ofthe current academic year.In addition to the relocation expense, the developer shall pay each tenant of a conversionrequired to move a relocation payment, as by City Council Resolution.9.5-15

MUNICIPAL CODE ARTICLE IX – LAND USE9512 9512.06SECTION 9512. DENSITY BONUS.Section 9512.02. Intent and Purpose.The intent and purpose of this section is to set forth the procedures for complying withGovernment Code Section 65915 et seq., Density Bonus and Other Incentives. GovernmentCode Section 65915 requires that each city adopt an ordinance that specifies the method bywhich the City will provide concessions and/or incentives to a developer that proposes toconstruct affordable housing units as specified in this section. This section identifies theprocedures and requirements by which such a housing development proposal shall be submittedto and evaluated by the City and provides the means by which a density bonus and/or otherconcessions may be granted to a developer that agrees to provide targeted dwelling units asspecified in Government Code Section 65915.Section 9512.04. Applicability.(A)(B)(C)This section applies only to a housing development containing five (5) or more dwellingunits, excluding density bonus units.Density bonus calculations resulting in a fractional unit are rounded up to the next wholenumber.The granting of the density bonus shall not be interpreted to require a General PlanAmendment, Zone Change, or other discretionary approval.Section 9512.06. Summary Tables.Tables 9.5.2 and 9.5.3 summarize the available density bonuses, incentives, and concessionspursuant to State Density Bonus Law.Target Units or CategoryTable 9.5.2Density Bonus SummaryMinimum% TargetUnitsBonusGrantedAdditionalBonus forEach 1%Increase inTarget Units% of TargetUnitsRequired forMaximumBonusPursuant to State Density Bonus Law: A State density bonus may be selected from only onecategory, except that bonuses for land donation may be combined with others, up to a maximum of35%, and an additional square footage bonus may be granted for a day care center.Very low-income 5% 20% 2.5% 11%Lower-income 10% 20% 1.5% 20%Moderate-income (ownership unitsonly)10% 5% 1% 40%9.5-16

MUNICIPAL CODE ARTICLE IX – LAND USE9512.06 9512.06Target Units or CategorySenior citizen apartment project (35units or more; no affordable unitsrequired)Land donation for very low-incomehousingTable 9.5.2 (continued)Density Bonus SummaryMinimum% TargetUnits100%seniorBonusGrantedAdditionalBonus forEach 1%Increase inTarget Units% of TargetUnitsRequired forMaximumBonus20% -- --10% ofmarket-rateunits15% 1% 30%33% 25% a -- --Condominium conversion – moderateincomeCondominium conversion – lowerincome15% 25% a -- --Day care center b -- Sq. ft. in -- --center aday careNotes:a Or an incentive of equal value, at the City’s option.b Refer to Section 9512.12.Table 9.5.3State Density Bonus Incentives and Concessions SummaryTarget Units or Category% of Target UnitsPursuant to State Density BonusVery low-income 5% 10% 15%Lower-income 10% 20% 30%Moderate-income (ownership units only) 10% 20% 30%Condominium conversion – 33% moderate-incomedCondominium conversion – 25% lower-incomedDay care centerdMaximum Incentive(s)/Concession(s) a b c 1 2 3Notes:aA concession or incentive may be requested only if an application is alsomade for a density bonus.bConcessions or incentives may be selected from only one (1) category (verylow, lower, or moderate).cNo concessions or incentives are available for land donation.dCondominium conversions and day care centers may have one (1) concessionor a density bonus at the City’s option, but not both.9.5-17

MUNICIPAL CODE ARTICLE IX – LAND USE9512.08 9512.08Section 9512.08. State Density Bonuses, Incentives, and Concessions for Construction ofAffordable and Senior Housing.(A)Basic Density Bonus (Very Low- and Lower-Income Units)A residential development is eligible for a twenty (20) percent density bonus if it includesat least five (5) dwelling units, and the applicant seeks a density bonus and agrees toconstruct at least one (1) of the following:(1) Ten (10) percent of the total units of the residential development as unitsaffordable to lower-income households; or(2) Five (5) percent of the total units of the residential development as unitsaffordable to very low-income households.(B)Basic Density Bonus (Senior Housing)A senior housing development is eligible for a twenty (20) percent density bonus if itincludes at least thirty-five (35) dwelling units, and the applicant seeks a density bonus.Senior housing developments are not required under State law to be affordable to verylow-, lower- or moderate-income households.(C)Basic Density Bonus (Moderate-Income Ownership Units)A residential development is eligible for a five (5) percent density bonus if it includes atleast five (5) dwelling units, and the applicant seeks a density bonus and agrees toconstruct ten (10) percent of the total units as ownership units affordable to moderateincomehouseholds.(D)Additional Density Bonus(1) Very low-income unitsFor each one (1) percent increase above five (5) percent in the percentage of unitsaffordable to very low-income households, the density bonus shall be increasedby two and one-half (2½) percent up to a maximum of thirty-five (35) percent.(2) Lower-income unitsFor each one (1) percent increase above ten (10) percent in the percentage of unitsaffordable to lower-income households, the density bonus shall be increased byone and one-half (1½) percent up to a maximum of thirty-five (35) percent.9.5-18

MUNICIPAL CODE ARTICLE IX – LAND USE9512.08 9512.08(3) Moderate-income ownership unitsFor each one (1) percent increase above ten (10) percent of the percentage ofownership units affordable to moderate-income households, the density bonusshall be increased by one (1) percent up to a maximum of thirty-five (35) percent.(4) Senior HousingNo additional density bonus is provided for senior-only units.(E)Calculation of Density Bonus(1) When calculating the number of permitted density bonus units, any calculationsresulting in fractional units shall be rounded to the next larger whole number.(2) The density bonus units shall not be included when determining the number oftarget units required to qualify for a density bonus. When calculating the requirednumber of target units, any calculations resulting in fractional units shall berounded to the next larger whole number.(3) The developer may request a lesser density bonus than the project is entitled to,but no reduction will be permitted in the number of required target units pursuantto Section 9512.08(A) through Section 9512.08(D). Regardless of the number oftarget units, no residential development may be entitled to a total density bonus ofmore than thirty-five (35) percent.(4) Each residential development is entitled to only one (1) density bonus, which maybe selected by the applicant based on the percentage of either very low-incometarget units, lower-income target units, or moderate-income ownership targetunits, or the project’s status as a senior housing type. Density bonuses from morethan one (1) category may not be combined, except that bonuses for landdedication pursuant to Section 9512.10 may be combined with bonuses grantedpursuant to this sub-section, up to a maximum of thirty-five (35) percent, and anadditional square footage bonus for day care centers may be granted as describedin Section 9512.12.(F)Incentives and ConcessionsA residential development is eligible for incentives and concessions if it includes at leastfive (5) dwelling units, and the applicant seeks a density bonus and agrees to constructaffordable units as follows:9.5-19

MUNICIPAL CODE ARTICLE IX – LAND USE9512.10 9512.10(1) Very low-income UnitsA residential development is entitled to one (1) incentive or concession for aproject that includes at least five (5) percent of the units for very low-incomehouseholds; two (2) incentives or concessions for a project that includes at leastten (10) percent of the units for very low-income households; and three (3)incentives or concessions for a project that includes at least fifteen (15) percent ofthe units for very low-income households.(2) Lower-Income UnitsA residential development is entitled to one incentive or concession if it includesat least ten (10) percent of the units for lower-income households; two (2)incentives or concessions if it includes at least twenty (20) percent of the units forlower-income households; and three (3) incentives or concessions if it includes atleast thirty (30) percent of the units for lower-income households.(3) Moderate-Income Ownership UnitsA residential development with ownership units affordable to moderate-incomehouseholds is entitled to one (1) incentive or concession for a project that includesat least ten (10) percent of the ownership units for moderate-income households;two (2) incentives or concessions for a project that includes at least twenty (20)percent of the ownership units for moderate-income households; and three (3)incentives or concessions for a project that includes at least thirty (30) percent ofthe ownership units for moderate-income households.(G)Minimum RequirementsThe requirements of this section are minimum requirements and shall not preclude aresidential development from providing additional affordable units or affordable unitswith lower rents or sales prices than required by this section.(H)In accordance with State law, neither the granting of an incentive or concession nor thegranting of a density bonus shall be interpreted, in and of itself, to require a General PlanAmendment, Zoning Code Amendment or rezone, or other discretionary reviewapplication approval.Section 9512.10. State Density Bonus for Land Donation.(A)Applicability(1) This density bonus applies only when land is donated for the construction of verylow-income housing.9.5-20

MUNICIPAL CODE ARTICLE IX – LAND USE9512.10 9512.10(2) When calculating the number of permitted density bonus units, any calculationsresulting in fractional units shall be rounded to the next larger whole number.(B)Basic Density BonusWhen an applicant for a residential development seeks a density bonus for the donationand transfer of land for the development of units affordable to very low-incomehouseholds, as provided for in this section, the residential development shall be eligiblefor a fifteen (15) percent density bonus above the otherwise maximum allowableresidential density in accordance with State law.(C)Additional Density Bonus(1) For each one (1) percent increase above the minimum ten (10) percent landdonation described in paragraph (B) of this section, the maximum density bonusshall be increased by one (1) percent, up to a maximum of thirty-five (35) percent.(2) This increase shall be in addition to any increase in density allowed by Section9512.08, up to a maximum combined density bonus of thirty-five (35) percent ifan applicant seeks both the density bonus authorized by this section and thedensity bonus authorized by Section 9512.10.(D)FindingsThe City may approve the density bonus described in this section if it makes all of thefollowing findings when approving the residential development:(1) Donation and Transfer DateThe applicant will donate and transfer the land no later than the date of approvalof the final map, parcel map, or applicable development review application for theresidential development.(2) Zoning RegulationsThe developable acreage and zoning regulations of the applicable Zoning Districtof the land to be transferred will permit construction of units affordable to verylow-income households in an amount not less than ten (10) percent of the totalnumber of residential units in the proposed development, or will permitconstruction of a greater percentage of units if proposed by the developer toqualify for a density bonus of more than fifteen (15) percent.9.5-21

MUNICIPAL CODE ARTICLE IX – LAND USE9512.10 9512.10(3) Development RegulationsThe transferred land is at least one (1) acre in size or is large enough to permitdevelopment of at least forty (40) units, has the appropriate General Plan land usedesignation, has the appropriate zoning and development standards to makefeasible the development of very low-income housing, and at the time of projectapproval is, or at the time of construction will be, served by adequate publicfacilities and infrastructure.(4) Development PermitsNo later than the date of approval of the Final Map, Parcel Map, or otherapplicable development review application for the residential development, thetransferred land will have all of the applicable development permits andapprovals, other than any required building permit approval, necessary for thedevelopment of the very low-income housing units on the transferred land unlessthe Council finds that the applicant has provided specific assurances guaranteeingthe timely completion of the very low-income units, including satisfactoryassurances that construction and permanent financing will be secured for theconstruction of the units within a reasonable time.(5) Density Bonus Housing AgreementThe transferred land and the very low-income units constructed on the land willbe subject to a recorded Density Bonus Housing Agreement ensuring continuedaffordability of the units consistent with the density bonus housing agreement,which restriction shall be filed for recordation by the Community DevelopmentDirector with the County Recorder’s Office on the property at the time ofdedication.(6) City Approved TransferThe land will be transferred to the City or to a housing developer approved by theCity. The City reserves the right to require the applicant to identify a developerfor the very low-income units and to require that the land be transferred to thatdeveloper.(7) LocationThe transferred land is within the site boundaries of the proposed residentialdevelopment. The transferred land may be located within one-quarter (¼) mile ofthe boundary of the proposed residential development provided that the Councilfinds, based on substantial evidence, that off-site donation will provide as much ormore affordable housing at the same or even lower income levels, and of the same9.5-22

MUNICIPAL CODE ARTICLE IX – LAND USE9512.12 9512.12or superior quality of design and construction, and will otherwise provide greaterpublic benefit, than donating land on-site.Section 9512.12. State Density Bonus or Incentive or Concession for Day Care Centers.(A)Basic Density Bonus or Incentive or Concession(1) Residential DevelopmentA residential development that includes at least five (5) dwelling units; includesaffordable target units; and includes a day care center that will be located on thepremises of, as part of, or adjacent to the residential development, is eligible foreither of the following, at the option of the City, and if requested by the applicantin accordance with State law:a. A density bonus in addition to those permitted by Sections 9512.08 and9512.10 that is equal to the square footage of the gross floor area of theday care center; orb. An additional incentive or concession that contributes significantly to theeconomic feasibility of the construction of the day care center.(2) Commercial or Industrial DevelopmentA commercial or industrial development that installs, operates, and maintains achild care facility for the nonresidential care of children is eligible for a floor arearatio density bonus of:a. For existing structures, a maximum of five (5) square feet of floor area foreach one (1) square foot of floor area contained in the child care facility.b. For new structures, a maximum of ten (10) square feet of floor area foreach one (1) square foot of floor area contained in the child care facility.For purposes of calculation the density bonus under this section, bothindoor and outdoor square footage requirements for the child care facilityas set forth in applicable state child care licensing requirements shall beincluded in the floor area of the child care facility.(B)FindingsThe City may approve the density bonus or incentive or concession described in thisSection if it makes all of the following findings and requires as a condition of approvalthat:9.5-23

MUNICIPAL CODE ARTICLE IX – LAND USE9512.14 9512.14(1) For Residential Developmenta. The day care center will remain in operation for a period of time equal toor longer than the period of time during which the target units are requiredto remain affordable pursuant to the density bonus housing agreement.b. Of all children who attend the day care center, the percentage of childrenof very low-income households, lower-income households, or moderateincomehouseholds shall be equal to or greater than the percentage ofdwelling units that are proposed to be affordable to very low-incomehouseholds, lower-income households, or moderate-income households inthe residential development.c. The applicant shall be responsible for all costs of monitoring compliancewith these provisions.(2) For Commercial or Industrial Developmenta. The granting of a bonus shall not preclude the City from imposingnecessary conditions on the project or on the additional square footage.b. The City shall ensure that constructed projects conform to therequirements of the underlying zone.(C)Density Bonus LimitationNotwithstanding any other requirement of this section, the City shall not be required toprovide a density bonus or incentive or concession for a day care center if it finds, basedupon substantial evidence, that the community already has adequate day care centerfacilities.Section 9512.14. State Density Bonus for Condominium Conversions.(A)ApplicabilityFor purposes of this subsection, a density bonus means an increase in units of twenty-five(25) percent over the number of units to be provided within the existing structure orstructures proposed for conversion.9.5-24

MUNICIPAL CODE ARTICLE IX – LAND USE9512.16 9512.16(B)Basic Density BonusAn applicant shall be eligible for either a density bonus or other incentives or concessionsof equivalent financial value in accordance with State law if the applicant for aconversion of existing rental apartments to condominiums agrees to provide thirty-three(33) percent of the total units of the proposed condominium project as target unitsaffordable to households with moderate incomes or less, or to provide fifteen (15) percentof the total units in the condominium conversion project as target units affordable tolower-income households. All such target units shall remain affordable for the periodspecified in the density bonus housing agreement.(C)Density Bonus LimitationNo condominium conversion shall be eligible for a density bonus if the apartmentsproposed for conversion constitute a housing development for which a density bonus orother incentives or concessions were previously provided pursuant to this article orGovernment Code Section 65915.Section 9512.16. Affordability and Occupancy Standards.(A)DocumentationThe Council, by resolution, shall approve standard documents to ensure the continuedaffordability of target units consistent with Government Code Section 65915 and thissection. The documents may include but are not limited to regulatory agreements,promissory notes, deeds of trust, resale restrictions, rights of first refusal, options topurchase, and/or other documents, which shall be recorded against all target units.Affordability documents for target units offered for sale may also include subordinateshared appreciation documents permitting the City to capture at resale the differencebetween the market rate price of the target unit and the affordable price at initial sale,plus a share of appreciation realized from an unrestricted sale in such amounts as deemednecessary by the City to replace the target units.(B)Rental Affordability TenureTarget units offered for rent to lower-income and very low-income households shall bemade available for rent at an affordable rent and shall remain restricted and affordable tothe designated income group for a minimum period of thirty (30) years. A longer term ofaffordability may be required if the residential development receives a subsidy of anytype, including but not limited to a loan, grant, mortgage financing, mortgage insurance,or rental subsidy, and the subsidy program requires a longer term of affordability, or asprescribed in any guidelines adopted pursuant to the City’s Density Bonus ProgramGuidelines.9.5-25

MUNICIPAL CODE ARTICLE IX – LAND USE9512.16 9512.16(C)Ownership Affordability TenureTarget units offered for sale to very low-, lower-, or moderate-income households shallbe sold at an affordable ownership cost. For all other target units offered for sale anysubordinate shared appreciation documents shall continue for a term of at least thirty (30)years. If resale restrictions are used in lieu of shared appreciation documents, any resalerestriction shall continue for a term of at least thirty (30) years. A longer term ofaffordability may be required if the residential development receives a subsidy of anytype, including but not limited to a loan, grant, mortgage financing, mortgage insurance,or rental subsidy, and the subsidy program requires a longer term of affordability.(D)Principal ResidenceAny household that occupies a target unit must occupy that dwelling unit as its principalresidence.(E)Occupancy RequirementsNo household may begin occupancy of a target unit until the household has beendetermined by the City or its designee to be eligible to occupy that dwelling unit. TheCouncil, by resolution, shall establish guidelines for determining household income,maximum occupancy standards, affordable ownership cost, affordable rent, provisions forcontinued monitoring of tenant eligibility, and other eligibility criteria.(F)FeesThe Council by resolution may establish fees for projects requesting density bonuses andincentives or concessions and for the ongoing administration and monitoring of the targetunits and day care centers, which fees may be updated periodically, as required.(G)Eligibility RestrictionsAny person who is a member of the Council or the Commission, and their immediatefamily members, and any person having any equity interest in the residentialdevelopment, including but not limited to a developer, partner, investor, or applicant andtheir immediate family members, is ineligible to rent, lease, occupy, or purchase a targetunit. The Council, by resolution, may establish guidelines for determination of“immediate family members.”9.5-26

MUNICIPAL CODE ARTICLE IX – LAND USE9512.18 9512.20Section 9512.18. Development Standards.(A)Concurrency of ConstructionTarget units shall be constructed concurrently with nonrestricted dwelling units orpursuant to a schedule included in the Density Bonus Housing Agreement approvedpursuant to Section 9512.26.(B)Target Unit LocationSingle-family detached target units shall be dispersed throughout the residentialdevelopment. Townhouse, rowhouse, and multifamily target units shall be located so asnot to create a geographic concentration of target units within the residentialdevelopment.(C)Ratio of Target UnitsTarget units shall have the same proportion of dwelling unit types as the market-ratedwelling units in the residential development.(D)Construction QualityThe quality of exterior design and overall quality of construction of the target units shallmeet all site, design, and construction standards included in the Municipal Code,including but not limited to compliance with all design guidelines included in applicablespecific plans or otherwise adopted by the Council.(E)Laundry FacilitiesTarget units made available for purchase shall include space and connections for aclothes washer and dryer within the dwelling unit. Target units made available for rentshall include either connections for a clothes washer and dryer within the target unit orsufficient on-site self-serve laundry facilities to meet the needs of all tenants withoutlaundry connections in their dwelling units.Section 9512.20. Development Incentives or Concessions.(A)DefinitionFor purposes of this section, a concession or incentive shall mean any reduction indevelopment standards or any modification of zoning or architectural designrequirements necessary pursuant to Government Code Section 65915(d)(3) or 65915(e) tofacilitate the construction of residential development at the densities provided for inSection 65915.9.5-27

MUNICIPAL CODE ARTICLE IX – LAND USE9512.20 9512.20(B)LimitationOne (1) to three (3) incentives or concessions may be requested for eligible residentialdevelopments pursuant to this section.(C)Concessions Not Requiring Financial Pro Forma from ApplicantThe following concessions and incentives shall be available to the applicant without anyrequirement that the applicant demonstrate to the City that the requested concession orincentives results in identifiable, financially sufficient, and actual cost reductions to theproject pursuant to California Government Code Section 65915(l)(1):(1) Up to fifteen (15) percent deviation from a minimum yard requirement, with eachdeviation counting as one (1) concession;(2) Up to fifteen (15) percent reduction in the usable open space requirement ormaximum lot coverage requirement;(3) Up to fifteen (15) percent reduction in lot dimensions;(4) Up to fifteen (15) percent increase in maximum building height;(5) Up to fifteen (15) percent reduction in minimum distance between buildings;(6) Reduction in required off-street parking as follows:The City shall not require an off-street vehicular parking standard, inclusive ofhandicapped and guest parking, of a residential development meeting the criteriaof Section 9512.08, 9512.10 or 9512.12 that exceeds the following:a. Zero (0) to one (1) bedroom: one (1) on-site parking space.b. Two (2) to three (3) bedrooms: two (2) on-site parking spaces.c. Four (4) and more bedrooms: two and one-half (2½) parking spaces.d. If the total number of parking spaces required for a development is otherthan a whole number, the number shall be rounded up to the next wholenumber. For purposes of this section, a residential development mayprovide on-site parking through tandem parking or uncovered parking, butnot through on-street parking.(7) Up to fifteen (15) percent reduction in landscaping area requirements;(8) Waiver of fee established pursuant to Section 9512.16(F).9.5-28

MUNICIPAL CODE ARTICLE IX – LAND USE9512.22 9512.22(D)Concessions Requiring Financial Pro Forma from ApplicantWhen requested by the applicant, the following concessions and incentives shall requirethe applicant to demonstrate to the Council that the requested concessions or incentivesresult in identifiable, financially sufficient, and actual cost reductions to the projectpursuant to California Government Code Section 65915(l)(1):(1) A reduction of development regulations or a modification of Zoning requirementsthat exceed or are in addition to those permitted by Section 9512.20(C);(2) Reduced parking space dimensions, driveway width, parking aisle width, garageand carport dimension, location of parking spaces within required yards, orreduced bicycle parking requirements;(3) Reductions in architectural design standards;(4) Other regulatory incentives or concessions that are not listed in this section thatresult in identifiable, financially sufficient, and actual cost reductions; and(5) A density bonus exceeding that required by Government Code Section 65915where the applicant agrees to construct more affordable units than would qualifythe residential project for the maximum thirty-five (35) percent density bonus.(E)Waiver or Modification of Development StandardsApplicants may seek a waiver or modification of development standards that will havethe effect of precluding the construction of a residential development meeting the criteriaof Sections 9512.08, 9512.10, and 9512.12 at the densities or with the incentives orconcessions permitted by this section. The applicant shall show that the waiver ormodification is necessary to make the dwelling units economically feasible based uponappropriate financial analysis and documentation as specified in Section 9512.22(D).(F)Nothing in this section requires the City to grant direct financial incentives for theresidential development, including but not limited to the provision of publicly ownedland or waiver of fees or dedication requirements.Section 9512.22. Application Requirements.Applications for a Density Bonus shall include:(A)Density Bonus Housing Plan(1) A Density Bonus Housing Plan, showing any density bonus, incentive,concession, waiver, modification, or revised parking standard requested pursuant9.5-29

MUNICIPAL CODE ARTICLE IX – LAND USE9512.22 9512.22to this section, shall be submitted as part of the first approval of any residentialdevelopment.(2) The Density Bonus Housing Plan shall specify, at the same level of detail as theapplication for the residential development, the number of units; dwelling unittype; level of affordability; tenure; number of bedrooms and baths; approximatelocation, size, and design; construction and completion schedule of all targetunits; number and location of all density bonus units; phasing of target units inrelation to nonrestricted units; and marketing plan.(3) The Density Bonus Housing Plan shall also specify the methods to be used toverify tenant and buyer incomes and to maintain the affordability of the targetunits.(4) For residential projects with thirty-five (35) dwelling units or more, the DensityBonus Housing Plan shall specify a financing mechanism for the ongoingadministration and monitoring of the target units.(B)Program DescriptionA description of any requested incentives, concessions, waivers, or modifications ofdevelopment standards, or modified parking standards.(C)Pro Forma RequirementsFor all incentives and concessions except those listed in Section 9512.20(C), theapplication shall provide a pro forma to the City demonstrating that the requestedincentives and concessions result in identifiable, financially sufficient, and actual costreductions. The cost of reviewing any required pro forma data submitted in support of arequest for a concession or incentive, including but not limited to the cost to the City ofhiring a consultant to review the pro forma, shall be born by the applicant. The pro formashall be reviewed by a third party as selected by the City and paid for by the applicantunless the City Planner waives the requirement for such a review.(D)Waiver or Modification of Development Standard RequirementsFor waivers or modifications of development standards, the application shall provide apro forma to the City demonstrating that the waiver or modification is necessary to makethe dwelling units economically feasible based upon appropriate financial analysis anddocumentation. The application shall also demonstrate to the City that the developmentstandards will have the effect of precluding the construction of a housing development atthe densities or with the incentives or concessions permitted by this section. The cost ofreviewing any required pro forma submitted in support of a request for a waiver or9.5-30

MUNICIPAL CODE ARTICLE IX – LAND USE9512.24 9512.24modification, including but not limited to the cost to the City of hiring a consultant toreview the pro forma, shall be borne by the applicant.(E)Land Donation Additional RequirementsIf a density bonus or concession is requested for a land donation, the application shallshow the location of the land to be dedicated and provide evidence that each of thefindings included in Section 9512.10(D) can be made.(F)Day Care Center Additional RequirementsIf a density bonus or concession is requested for a day care center, the application shallshow the location and square footage of the day care center and provide evidence that thefindings included in Section 9512.12(B) can be made.(G)Development Impact FeesDevelopment impact fees (including but not limited to park fees, fire fees, sanitary sewertrunk line fees, storm drain trunk line fees, street tree fees, library fees, or traffic impactfees) shall be deferred until the certificate of occupancy for the development project isissued.Section 9512.24. Review of Application.(A)General RequirementsAn application for a density bonus, incentive, or concession pursuant to this section shallbe considered by and acted upon by the approval body with authority to approve theresidential development. The Density Bonus Plan may be approved, approved withconditions, or denied pursuant to the findings required by this section. Any decisionregarding a density bonus, incentive, or concession may be appealed to the Commissionand from the Commission to the Council in accordance with the requirements of Section9806 of Chapter 8. In accordance with State law, neither the granting of an incentive orconcession nor the granting of a density bonus shall be interpreted, in and of itself, torequire a General Plan Amendment, Zoning Code Amendment or Rezone, Variance, orother Discretionary Review Application approval.(B)FindingsBefore approving an application for a density bonus, incentive, or concession, theapproval body shall make the following findings:9.5-31

MUNICIPAL CODE ARTICLE IX – LAND USE9512.24 9512.24(1) The application is eligible for a density bonus and any concessions or incentives,requested; conforms to all standards for affordability included in this section; andincludes a financing mechanism for all implementation and monitoring costs.(2) Any requested incentive or concession will result in identifiable, financiallysufficient, and actual cost reductions based upon appropriate financial analysisand documentation as described in Section 9512.22, except those listed in Section9512.20(C).(3) If the density bonus is based all or in part on donation of land, the approval bodyhas made the findings included in Section 9512.10(D).(4) If the density bonus, incentive, or concession is based all or in part on theinclusion of a day care center, the approval body has made the finding included inSection 9512.12(B).(C)Findings for Denial of Incentive or ConcessionIf the required findings can be made, and a request for an incentive or concession isotherwise consistent with this section, the approval body may deny an incentive orconcession only if it makes a written finding, based upon substantial evidence, of eitherof the following:(1) The incentive or concession is not required to provide for affordable rents oraffordable ownership costs; or(2) The incentive or concession would have a specific adverse impact upon publichealth or safety or the physical environment or on any real property that is listedin the California Register of Historical Resources, and there is no feasible methodto satisfactorily mitigate or avoid the specific adverse impact without renderingthe development unaffordable to lower-, very low- and moderate-incomehouseholds. For the purpose of this subsection, “specific adverse impact” meansa significant, quantifiable, direct, and unavoidable impact, based on objective andidentified, written public health or safety standards, policies, or conditions, asthey existed on the date that the application was deemed complete.(D)Finding for Denial of Bonus or Concession for Day Care CentersIf a density bonus or concession is based on the provision of day care centers, and if therequired findings can be made, the approval body may deny the bonus or concession onlyif it finds, based on substantial evidence, that the City already has adequate day carecenters.9.5-32

MUNICIPAL CODE ARTICLE IX – LAND USE9512.26 9514.02(E)Minor Modification of Density Bonus Housing PlanA request for a minor modification of an approved Density Bonus Housing Plan may begranted by the City Manager or their designee if the modification is substantially incompliance with the original Density Bonus Housing Plan and conditions of approval.Other modifications to the Density Bonus Housing Plan shall be processed in the samemanner as the original plan.Section 9512.26. Density Bonus Housing Agreement.(A)(B)Following the first approval of a residential development, the City shall prepare a DensityBonus Housing Agreement providing for implementation of the Density Bonus HousingPlan and conditions of approval and consistent with the provisions of this section and anydensity bonus program guidelines adopted by Council resolution.Prior to the approval of any Final or Parcel Map or issuance of any building permit for aresidential development subject to this section, the Density Bonus Housing Agreementshall be executed by the City and the applicant and the Density Bonus HousingAgreement shall be recorded against the entire residential development property to ensurethat the Agreement will be enforceable upon any successor in interest. The DensityBonus Housing Agreement shall run with the land and bind future owners and successorsin interest as required to ensure compliance with the provisions of this section.SECTION 9514. DOMESTIC ANIMALS.Domestic animals may be kept on any residential lot by a member of a family residing thereon oras otherwise permitted by this chapter as an incidental use in connection with the primaryresidential use thereof, provided that the number of domestic animals (i.e., dogs, cats, and otherhousehold pets) per residential dwelling unit does not exceed three (3). Newborn and babyanimals up to four (4) months old shall not be counted in the maximum number of domesticanimals per residential dwelling unit.Section 9514.02. Chickens, Rabbits, Pigeons, and the Like.(A)(B)Chickens, rabbits, pigeons, and the like shall not exceed five (5) on a lot in anycombination thereof, except that, up to a maximum of one hundred (100) Racing/HomingSport Pigeons shall be permitted in R-1 Zones subject to a Conditional Use Permitapproval as required by Section 9824 of the Municipal Code. Roosters are strictlyprohibited.The housing of pigeons is subject to the following standards:9.5-33

MUNICIPAL CODE ARTICLE IX – LAND USE9514.02 9514.02(1) Racing/Homing Sport Pigeons shall only be kept on properties zoned for R-1(Single-Family Residential) uses.(2) The applicant shall provide the City with a detailed plan of the design of his/herPigeon Loft which shows its location on the property prior to a loft beingconstructed/installed in the City.(3) No loft structures shall be closer than ten (10) feet to any separate accessorybuildings.(4) Pigeons and the lofts where they are to be kept shall be kept to the rear of themain dwelling and be no less than thirty-five (35) feet from any buildinginvolving a residential occupancy (including buildings on other properties) and atleast one hundred (100) feet from any school or hospital or a similar institutionaluse.(5) Pigeon supplies shall be kept in the rear yard areas of properties where pigeonsare allowed, in a City-approved accessory building, in closed containers.(C)The keeping of Racing/Homing Sport Pigeons is subject to the following standards:(1) Sport Pigeons shall be flown and/or exercised in such a way as to limit theirimpact on surrounding/nearby properties whenever possible. It shall be theresponsibility of the individual keeping the allowed pigeons to ensure that theowners’ pigeons do not adversely impact surrounding properties with theirdroppings, noise, etc.(2) A maximum of fifty (50) Racing/Homing Sport Pigeons shall be released forexercising/training at any one time. The number of nonexercise/training pigeonreleases allowed from the applicant’s property shall be limited to a maximum offour (4) Racing/Homing Sport Pigeon organization sponsored events in any thirty(30) day time period.(3) The range of hours when exercising/training may occur shall be fixed by therequired Conditional Use Permit and shall be limited to a time interval once in themorning and once in the afternoon.(4) Each Racing/Homing Sport Pigeon kept on a residential lot shall not be allowedout of its loft for exercise/training more than once in a twenty-four (24) hour timeperiod.(5) The owner of the subject pigeons shall not allow his pigeons to fly or leave theloft other than at those times when they are being exercised/trained or transportedfor a flight.9.5-34

MUNICIPAL CODE ARTICLE IX – LAND USE9514.04 9516.02(6) Feeding of pigeons shall be limited to those times which best limit the need forthe subject pigeons’ defecation during their flying times.(7) The applicant shall maintain all pigeons and their loft in a clean and healthycondition preventing the creation of any nuisances, or interference with theenjoyment of other properties as a result of the keeping of Racing/Homing SportPigeons. All associated facilities and equipment shall be cleaned daily or morefrequently as needed.(D)Grounds for Revocation of the Conditional Use PermitFailure of the applicant to comply with any of the provisions of this section or theconditions of the controlling Conditional Use Permit shall be grounds for revocation ofthe Conditional Use Permit as set forth in Section 9828.Section 9514.04. General Domestic Animal Regulations.(A)(B)(C)Animals, except for cats, dogs, and other household pets, shall be maintained inbuildings, yards, paddocks, and the like located no closer than fifty (50) feet from anysurface of a building meant for human habitation, including buildings on other properties.Animals shall not be kept or maintained for commercial purposes in any zone, except asmay be specifically permitted by this chapter.No person shall keep or maintain any live pig or hog of any age in any zone.(D) Horses shall not be permitted on a lot having an area less than twenty thousand (20,000)square feet and shall not exceed three (3) on a lot.(E)All other animals, reptiles, and the like shall be classified as wild and vicious animals,and an approval, as set forth in Section 4272.1 of Chapter 2 of Article IV of this Codeshall be required for the keeping of such animals.SECTION 9516. ENVIRONMENTAL PROTECTION STANDARDS.Section 9516.02. Intent and Purpose.The intent and purpose of this section is to protect persons and property from environmentalnuisances and hazards by setting maximum limits on adverse and detrimental environmentaleffects caused by any activity or use of land and/or premises, including development activities.9.5-35

MUNICIPAL CODE ARTICLE IX – LAND USE9516.04 9516.06Section 9516.04. Applicability.The provisions of this section shall apply in every zone and to all uses and development of landwithin the City.Section 9516.06. Performance Standards.All activities, uses, and operations in every zone shall be conducted in accordance with theapplicable statutes, laws, ordinances, rules, and regulations of all governmental pollution controlagencies having jurisdiction.(A)Solid Waste DisposalThere shall not be dumped, placed, or allowed to remain in any property in any zone anyrefuse, trash, rubbish, or other waste materials outside a permanent building, except innoninflammable, covered, or enclosed containers so arranged and constructed that theywill not be tipped or upended by winds of up to thirty (30) miles per hour.(B)NoiseSee Sections 4600.2, 4602, and 4606 of Chapter 6 of Article IV of this Code.(C)Storage and Distribution of Dangerous MaterialsThe storage and distribution of dangerous materials shall conform to the standards of thisarticle. In those instances where there are no applicable standards, the storage anddistribution of such materials shall not be permitted until a Conditional Use Permit hasbeen approved by the Commission.(D)Odors and Toxic GasesOdors from gases or other odorous matter shall not be in such quantities as to benoticeable beyond the lot line of the use. Toxic gases or matter shall not be emittedwhich can cause any damage to health, animals, vegetation, or other forms of property orwhich cause soiling beyond the lot lines of the use.(E)VibrationVibration from any machine, operation, or process which causes a displacement of threethousandth’s (0.003) of an inch as measured at the lot lines of the use shall be prohibited.Shock absorbers or similar mountings shall be allowed which will reduce vibration belowthree-thousandths (0.003) of an inch as measured at the lot lines. See Section 9318 ofthis chapter.9.5-36

MUNICIPAL CODE ARTICLE IX – LAND USE9518 9520.02(F)Heat and HumidityHeat, humidity, or other climatic influence from any source shall not be measurablebeyond the lot lines of the use.(G)GlareNo operation, activity, or lighting fixture shall create illumination which exceeds fivetenths(0.5) foot-candles at any point on the lot lines of the use.(H)Radioactivity and Electrical Disturbances(1) Except with the prior approval of the Council as to specific uses, the use ofradioactive materials within any zone shall be limited to measuring, gauging, andcalibration devices, as tracer elements in X-ray and like apparatus, and inconnection with the processing and preservation of foods. In no event shallradioactivity, when measured at each lot line, be in excess of two and seventenths(2.7) by ten (10) to the eleventh (11 th ) power microcuries per milliliter ofair at any moment of time.(2) Radio and television transmitters shall be operated at the regularly assigned wavelengths (or within the authorized tolerances therefore) as assigned thereto by theappropriate governmental agency. Subject to such exception and the operation ofdomestic household equipment, all electrical and electronic devices andequipment shall be suitably wired, shielded, and controlled so that in operationthey shall not, beyond the lot lines, emit any electrical impulse or wave which willadversely affect the operation and control of any other electrical or electronicdevices and equipment.SECTION 9518. FIREWORKS.The sale of fireworks classified as “safe and sane” in the Health and Safety Code of the Statemay be permitted provided all applications conform to Chapter 3 of Article III of this Code, theapplicable sections of the Health and Safety Code of the State, and Title 19 of the CaliforniaAdministrative Code.SECTION 9520. LANDSCAPING, LIGHTING, AND WALLS.Section 9520.02. Intent and Purpose.The purpose of this section is to establish landscaping, lighting, and walls regulations that areintended to:9.5-37

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04(A)(B)(C)(D)(E)(F)Create an atmosphere of orderly development and uniformly pleasant and attractivesurroundings in the City to enhance, conserve, and stabilize property values;Reduce the amount of heat, noise, and glare generated by development in the City;Minimize water use and energy consumption;Reduce the amount of urban storm water runoff generated by development in the City;Preserve existing mature landscaping;Protect public health, safety, and welfare by minimizing the impact of all forms ofphysical and visual pollution; screening incompatible uses; preserving and enhancing thevisual appearance of the City; and enhancing pedestrian, bicycle, and vehicular trafficsafety.Section 9520.04. Landscaping Requirements.(A)RequirementsLandscaping and required planting areas shall be installed in accordance with thestandards and requirements of this section for all zones. All front and street side setbackswithin all zones, excluding approved walkways and driveways, shall be landscaped.(B)Development Regulations(1) Required planting areas shall be permanently maintained. As used in this section,“maintained” includes proper watering, pruning, mowing of lawns, weedabatement, removal of litter, fertilizing, and replacement of plants and otherlandscape materials when necessary.(2) Existing mature landscaping shall be preserved to the maximum extent possible.(3) Landscape material shall not be located such that at maturity the landscaping:a. Interferes with safe sight distances for vehicular, bicycle, or pedestriantraffic;b. Conflicts with overhead utility lines, overhead lights, or walkway lights;orc. Blocks pedestrian and bicycle ways.9.5-38

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04(4) All landscaping and trees shall be approved and installed prior to the issuance of acertificate of occupancy.(5) Trees shall be planted in the parkway or in approved tree wells as required by theDepartment of Public Works. Property owners shall maintain trees andlandscaping in parkways.(6) Except in the R-1 and R-2 zones, the total number of trees required shall be asfollows:a. One (1) tree for every five (5) parking spaces; andb. One (1) tree for every twenty (20) linear feet of street (including streetside) frontage.(7) Except in the R-1 and R-2 zones, the size of trees, at time of planting, shall be asrequired in Table 9.5.4.Table 9.5.4Tree Size RequirementsTree Size Percentage of TotalRequirement48 inch box 1036 inch box 1024 inch box 1515 gallon 60Other 5Total 100(C)Landscaping PlanA landscaping plan showing the location of all turf, plant materials, and irrigationsystems shall be required for all uses that include landscaping, with the exception of useswithin the R-1 and R-2 Zones. Plans submitted for the issuance of a building permit or asite plan may be used in lieu of a landscaping plan provided that compliance with all ofthe requirements of a landscaping plan is achieved to the satisfaction of the Commissionduring Site Plan Review. The Commission may reject such plans if they determine thatthey are not consistent with the purpose of this chapter. Landscaping plans shalldemonstrate a recognizable pattern or theme for the overall development throughconformance with the following:(1) Plant materials shall be selected for energy efficiency and drought tolerance andadaptability and relationship to the City’s environment. A minimum of seventyfive(75) percent of non-turf material shall be drought resistant. All drought9.5-39

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04tolerant plant materials shall comply with the list provided by the PlanningDivision.(2) Plant materials shall be sized and spaced to achieve immediate effect. Approvednon-turf areas, such as shrub beds, shall be top-dressed with bark chip mulchmixed into the topsoil or other approved alternative. Dressing material shall bemaintained within planter areas and shall not be allowed to migrate onto hardsurfaces, such as sidewalks and parking lots.(3) Excluding the street setbacks, turf shall be limited to no more than twenty-five(25) percent of the total landscaping area. No turf shall be permitted on slopesexceeding ten (10) percent.(4) All plantings other than trees shall provide a screen of not less than one and onehalf(1½) feet to three (3) feet at full growth, shall not be thorny or spiked, andshall not project over the sidewalk.(D)IrrigationAll planting beds and landscape areas shall be provided with a permanent wateringsystem consistent with the following:(1) TurfSprinklers shall be installed with a separate irrigation valve from irrigation valvesused for other vegetation.(2) SprinklersAll new automatic irrigation systems shall have sprinkler heads with applicationrates that do not exceed the infiltration rate of the soil. Such systems shall beinstalled with dual or multiple program controllers that permit cycles of five (5) toten (10) minutes per hour. Landscaping requiring intensive watering shall bewatered by hand or drip irrigation.(E)Parking Lot LandscapingExcept for the R-1 and R-2 zones, all parking lot landscaping shall comply with thefollowing:(1) All off-street parking areas of five (5) or more spaces shall be landscaped. Allparking areas of five (5) to twenty (20) spaces shall contain a minimum interiorlandscaped area of five (5) percent of the total parking area, exclusive oflandscaping within a front or side setback. All parking areas of more than twenty9.5-40

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04(20) spaces shall contain a minimum interior landscaped area of ten (10) percentof the total parking area, exclusive of landscaping within a front or side setback.(2) Required landscaping shall be evenly distributed throughout the parking area andplanted sufficiently to achieve complete coverage within one (1) year of the initialplanting. Islands at the ends of parking lanes shall be provided to help achieve“orchard” parking lot landscaping.a. Required landscaped areas shall be bounded by masonry or concrete curb,except no curb shall be required when abutting a street property line.Required curbs shall have a minimum width of four (4) inches and aheight of six (6) inches.(3) Where parking lots, parking structures, or other parking areas abut otherproperties, the following standards shall apply:a. Where a vehicular parking or driveway area in a nonresidential zone abutsproperty in a residential zone or a school, a minimum ten (10) foot widelandscape strip shall be provided along the property line which is adjacentto the residential zone or school. This landscape area shall be maintainedwith trees or shrubs not less than six (6) feet in height at the time ofplanting, and not less than fifteen (15) feet in height at maturity.b. Where a parking lot or parkingstructure abuts any other propertyline, a minimum five (5) foot widelandscape strip is required.(4) Interior parking lot landscaped areas shallhave a minimum dimension of five (5)feet, exclusive of curbs and shall be solocated as to interrupt parking rows.(5) The end of each row of parking stalls shallbe separated from driveways by alandscaped planter, sidewalk, or similarmeans. Additionally, a minimum of one (1)landscape island shall be provided betweenevery ten (10) parking spaces (Figure9.5.3) with irrigated understory and curbs.The islands shall have a minimum width offive (5) feet exclusive of curbs.Figure 9.5.3. Trees withinParking Lot Landscape Islands9.5-41

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04(6) Landscaping shall be provided on the upper levels of parking structures, wherefeasible, when these structures are visible from public streets, pedestrianpathways, or adjacent buildings.(7) Landscaping planters shall be used to control access to parking lots, to maketraffic diverters prominent, to direct the flow of traffic within the lot, and toenhance the safety of parking lots by guiding the circulation of vehicles andpeople.(8) Two (2) feet at the end of landscape islands shall be left unplanted when adjacentto drive aisles and driveways to prevent plant materials from being run over byvehicles. The use of cobbles, patterned concrete, or brick pavers shall generallybe installed in these end areas.(9) In the M-1 and M-2 Zones, landscaping shall not be required for areas of a site thatare not visible (as determined by the City Planner) from a street or other publicarea, and which are not a public parking area. In such areas the landscapingrequirements above may be waived at the discretion of the City Planner.(F)Intersection VisibilityAll landscaping material shall be maintained in accordance with the intersection visibilityrequirements of Section 9536.16. See Figure 9.5.4.Figure 9.5.4. Intersection Visibility9.5-42

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04(G)AlternativesThe City Planner may allow alternative means of complying with the requirements of thissection provided the alternative achieves results comparable to those achieved throughstrict application of the provisions of this section.(H)Landscaping Design Standards(1) Landscaping and open spaces shall be designed as an integral part of the overallsite plan design. Landscaping and open spaces shall enhance the building design,enhance public views and spaces, provide buffers and transitions, provide for abalance of solar uses, and provide screening.(2) Landscape design shall accent the overall design theme through the use ofstructures such as arbors and trellises that are appropriate to the particulararchitectural style of adjacent structures.(3) Landscaped areas shall incorporate plantings using a three (3) tier system:a. Grasses and ground covers;b. Shrubs; andc. Trees.(4) Planting Design ConceptsThe following are common planting design concepts that shall be used wheneverfeasible:a. Specimen trees used in informal grouping and rows at major focal points;b. Extensive use of flowering vines both on walls and arbors;c. Pots, vases, wall or raised planters;d. The use of planting to create shadow and patterns against walls;e. Large broadleaf deciduous trees to create canopy and shade in the summerand sun in the winter, particularly in parking areas;f. The use of flowering trees in informal groups to provide color;g. Informal massing of colorful plantings;9.5-43

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04h. Use of distinctive plants as focal points; andi. Plantings and low walls to screen parking areas from view of publicrights-of-way while allowing filtered views of larger buildings beyond.(5) Planting areas between walls and streets shall be landscaped with a hierarchy ofplants in natural formations and groupings. Solid walls over three (3) feet highshall receive vines or hedge when adjacent to public streets.(6) A colorful landscape edge should be established at the base of buildings. Avoidasphalt edges at the base of structures as much as possible. Plant materialslocated in containers are appropriate.(7) Planting masses on-site should assume a simple, nonuniform arrangement. Thediversity of massing types should be great enough to provide interest, but kept toa level that evokes a relaxed natural feeling.(8) Where landscaped screening may be substituted for a required wall between zonesor uses, such screening shall consist of evergreen trees and shrubs, closely spacedand maintained at a height equal to the height of the required wall. When nototherwise specified, screening shall consist of trees and shrubs which shall not beless than six (6) feet in height upon planting and which shall be maintained at aheight of from fifteen (15) feet to twenty (20) feet at maturity.(9) Landscape planters shall be designed to retain water on-site within the planterarea.(10) Artwork, benches, and other structural features may be included withinlandscaping areas in residential zones if approved as part of a site plan (whererequired). Decorative water features shall use recirculating water.(I)Installation and Maintenance(1) Trees shall be adequate in trunk diameter to support the top area of the tree. Trees,shrubs, and vines should have body and fullness that is typical of the species.(2) All ground cover shall be healthy, densely foliated, and well-rooted cuttings, orone (1) gallon container plants.(3) The spacing of trees and shrubs shall be appropriate to the species used. Theplant materials shall be spaced so that they do not interfere with the adequatelighting of the premises or restrict access to emergency apparatus such as firehydrants or fire alarm boxes. Proper spacing shall also ensure unobstructed9.5-44

MUNICIPAL CODE ARTICLE IX – LAND USE9520.04 9520.04access for vehicles and pedestrians in addition to providing clear vision of theintersections from approaching vehicles.(4) Plant material shall conform to the following spacing standards:a. A minimum of thirty (30) feet from the property corner at a streetintersection to the center of the first tree or large shrub;b. A minimum of fifteen (15) feet between center of trees and ten (10) feetbetween large shrubs to light standards;c. A minimum of ten (10) feet between center of trees or large shrubs andfire hydrants;d. A minimum of fifteen (15) feet from the intersection of a driveway (forcommercial, mixed use, or public/semipublic and industrial uses) with astreet right-of-way to the center of any tree having a diameter larger thaneighteen (18) inches at maturity or large shrub and a minimum of ten (10)feet for residential uses.(5) Trees and shrubs should be planted as shown in Figures 9.5.5 and 9.5.6.Figure 9.5.5. Tree Planting9.5-45

MUNICIPAL CODE ARTICLE IX – LAND USE9520.06 9520.06Figure 9.5.6. Shrub Planting(6) The use of turf shall be minimized or substituted altogether with groundcovers.Turf should generally be excluded from median or sidewalk strips and similar areasthat are difficult to irrigate. Low-water-using grass varieties are encouraged.(7) Water efficient irrigation systems, such as drip, low output sprinkler heads, zonalsystems and automatic timers, shall be provided. Planting shall be according towater needs, and the irrigation system matched to these needs.(8) Plant varieties shall predominately be low water consuming, suited to the localsoil and climate and grouped according to their water requirements.(9) Mulches shall be used generously and reapplied as part of a regular maintenanceprogram to reduce evaporation, soil compaction and weeds.Section 9520.06. Outdoor Lighting.The following standards shall be required:9.5-46

MUNICIPAL CODE ARTICLE IX – LAND USE9520.06 9520.06(A)(B)In all zones, except the R-1 and R-2 Zones,outdoor lighting shall be provided andmaintained for all walkways, off-streetparking areas and driveways, storage orsolid waste areas, or other areas commonlyaccessible or used by tenants so as toprovide adequate illumination for use andsafety.In the Commercial and Industrial Zones,parking lot lighting shall be provided forall guest parking areas. This light shall below level lighting designed to light parkinglot areas and walkways. It shall bedesigned to eliminate spillover to the streetand adjoining properties.(C)In all zones, outdoor lighting shall bedirected, positioned, and/or shielded as notto direct light on any street or abuttingproperty as shown in Figure 9.5.7.(D)In the R-1, R-2, R-3, and R-3-O Zones, nooutside lighting shall exceed eight (8) feetin height, except building lights, i.e., porchlights or the equivalent. In any case, nolight fixture shall exceed a maximumlighting output of three hundred (300) watts.Figure 9.5.7. Arranging Outdoor LightingAway from Abutting Property(E)The type and location of lighting standards and the intensity of lighting shall be approvedby the City Planner. The fixtures shall be decorative.9.5-47

MUNICIPAL CODE ARTICLE IX – LAND USE9520.06 9520.06(F)(G)(H)All lighting shall be adequatelyshielded as shown in Figures 9.5.8and 9.5.9. Exposed bulbs shall not bepermitted.When parking and driveway areas inthe R-3, R-3-O, H-M, M-U, and allCommercial and all ManufacturingZones abut the R-1 or R-2 zones, lowlevellighting not extending above theheight of the required wall shall berequired within forty-six (46) feet ofthe R-1 or R-2 property. Lightingwithin remaining parking areas shallconform to the variable heightrestrictions. See Section 9536.24 ofthis chapter.Where lighting is attached to a fenceor wall, such lighting shall not extendmore than six (6) inches above the topof said fence or wall. Lightingattached to a wall or fence shall neverexceed the wall or fence heightrequirement of the underlying zone.Figure 9.5.8. Shielded Freestanding OutdoorLighting(I)(J)(K)In all zones, except Residential zones, no lighting over five (5) feet in height shall bepermitted within twenty (20) feet of the public right-of-way, except new and used autodealers shall be permitted lighting up to twelve (12) feet in height provided the lights arenot within five (5) feet of the public right-of-way and are spaced at minimum intervals ofthirty (30) feet.All drive-in businesses shall comply with the provisions of this section.The following are exempt from the provisions of this chapter:(1) Traffic control signals and devices;(2) Lights that are located within the public right-of-way, subject to the approval ofthe Director of Public Works;(3) Temporary emergency lighting (i.e., fire, police, repair workers) or warninglights;9.5-48

MUNICIPAL CODE ARTICLE IX – LAND USE9520.08 9520.08(4) Moving vehicle lights;(5) Navigation lights (i.e.,radio/television towers,docks, piers, buoys) or anyother lights where state orfederal statute or otherprovision of the MunicipalCode requires lighting thatcannot comply with thischapter. In such situations,lighting shall be shielded tothe maximum extentpossible, and lumens shallbe minimized to themaximum extent possible,while still complying withstate or federal statute;(6) Seasonal decorations do nothave to be shielded,provided that they do nothave brightness of morethan one-tenth (0.1) footcandleat the property lineon which they are installed;(7) Outdoor lighting approvedby the director fortemporary or periodicevents (e.g., fairs, nighttimeconstruction);Figure 9.5.9. Shielded Outdoor Wall Lighting(8) Internally and externally illuminated signs regulated by Chapter 6.Section 9520.08. General Wall, Fence, and Hedge Regulations.(A)(B)In the event the boundaries of any lot in one zone abut a lot differently zoned so as topermit or require a higher wall, fence, or hedge, the greater of the wall, fence, or hedgeheight provisions shall apply to the adjoining portions of both such lots, except asotherwise provided by this section.When certain zones may require additional or more restrictive wall standards, thosestandards shall be required in addition to those standards set forth in this section.9.5-49

MUNICIPAL CODE ARTICLE IX – LAND USE9520.08 9520.08(C)Prohibited Walls and Fences(1) No barbed wire, razor or electrified fencing, or similar fencing is permitted in anyzone, except that barbed wire may be used on a limited basis for security or safetypurposes in the M-1 and M-2 Zones if not visible from any public right-of-way,subject to the approval of Site Plan Review.(2) Chain-link fencing shall be prohibited in any front or street side yard or in anyrequired landscape planter in a Residential, Commercial or Mixed-Use Zone.(D)(E)(F)(G)(H)(I)Approved materials for walls and fences include but are not limited to wood, metal,vinyl, metal, stone, masonry, stucco, and concrete. Any materials not listed in thissubsection may be approved subject to the discretion of the City Planner.No structure, wall, fence, or hedge shall interfere with the intersection visibility as setforth in Section 9520.08 (L)(1).The provisions of this section shall not apply to a wall, fence or hedge required by law forpublic safety.Where two (2) walls or fences, or one (1) wall and one (1) fence are provided along eachproperty line separating two (2) adjacent properties, there shall be no gap between saidwalls and/or fences.Where the face of any walls or fence faces the public right-of-way, the use of anti-graffitipaint or coating is required.Height MeasurementThe maximum height of a wall, fence, or hedge shall be measured from the existing orfinished grade (as applicable), except within the front or street side yard, the maximumheight of a wall, fence, or hedge shall be measured from the top of the nearest street curbelevation. When there is a difference in the ground level between two (2) adjoining lots,the height of any wall or fence constructed along any interior side or rear property lineshall be determined by measuring from the lot with the higher finished grade directlyabutting the wall, fence, or hedge.(J)Retaining WallsThe height of all retaining walls shall be extended to provide guard rails, as required by theBuilding Code. The material used for said guard rail shall be approved by the City Planner.(K)Masonry WallsWhere a masonry wall is required by this chapter between two properties within differentzoning districts, the following provision shall apply:9.5-50

MUNICIPAL CODE ARTICLE IX – LAND USE9520.08 9520.08Existing masonry walls that meet the minimum required height shall be consideredsufficient to fulfill the requirements of this chapter, and no additional wall shall berequired unless and until such time as the said existing wall is removed. At such timethat said wall is removed; then the person whose zone requires a wall shall construct anew masonry wall to meet the requirements of this chapter.(L)Wall, Fence and Hedge Regulations by Zone(1) In all residential zones, walls, fences and hedges shall not exceed a height of:a. Forty-two (42) inches in the front and street side setback area, except withinthe corner cutback (see Figure 9.5.10, Street Side Lot) where the maximumheight is thirty (30) inches. In addition, on a street side yard, walls or fencesnot exceeding seven (7) feet in height may be constructed not less than three(3) feet from the side street property line nor closer than thirty-five (35) feetto the front property line. Walls or fences exceeding forty-two (42) inches inheight shall have five (5) foot triangular setbacks abutting driveways andalleys within the required setback area (Figure 9.5.10); andFigure 9.5.10. Wall, Fence, and Hedge Height Restrictions9.5-51

MUNICIPAL CODE ARTICLE IX – LAND USE9520.08 9520.08b. Seven (7) feet on interior side and rear property lines when not located inthe required front or street setback. See Figure 9.5.10.c. Properties in the R-3 and R-3-O zones, when abutting an R-1 or R-2 zonedproperty, shall construct a decorative masonry wall not less than five andone-half (5½) feet or more than seven (7) feet in height above the finishedgrade along the common property line, unless the height of the wall wouldexceed the maximum height allowed elsewhere in the section. In such acase, the masonry wall shall be constructed to the maximum allowedunder the stricter standard.(2) Commercial and Mixed-Use Zonesa. Walls, fences, and hedges within front yards, street side yards, and/orwithin required landscape planters shall not exceed three (3) feet.b. Walls, fences, and hedges within interior side yards and rear yards shallnot exceed a height of seven (7) feet.(3) Manufacturing Zonesa. Walls, fences, and hedges within front yards, street side yards, and/orwithin required landscape planters shall not exceed three (3) feet.b. Walls and fences within interior side yards and rear yards shall not exceeda height of ten (10) feet.(4) Public and Open Space ZonesThe maximum height of walls, fences, and hedges in required yards shall bedetermined at the time of the approval of the Site Plan Review or Conditional UsePermit (as required by the applicable zoning zone) for the principal use where thewall, fence, or hedge is proposed to be located. If no such approval is requiredunder the applicable zone or if the principal use is existing and no use, building,or site modifications are proposed for the site other than the installation of a wall,fence, or hedge, the City Planner shall make the determination of the maximumwall, fence, or hedge height permitted for the site based on site conditions, use ofthe site, and surrounding uses and zones.(5) In All Nonresidential Zonesa. When any portion of a lot abuts a more restrictively zoned property, thereshall be constructed a solid decorative masonry wall not less than five and9.5-52

MUNICIPAL CODE ARTICLE IX – LAND USE9522 9522.04one-half (5½) feet nor more than six (6) feet in height above the finishedgrade and shall not be less than four (4) feet in height above the surface ofthe abutting lot. No wall or fence exceeding forty-two (42) inches inheight shall be constructed abutting front or street side setback areas ofabutting properties.b. In any commercial or industrial zone, any portion of a wall or fence that ismore than six (6) feet above the mean ground level shall be so designedthat it does not obstruct more than ten (10) percent visibility through anyportion thereof.SECTION 9522. LOT AND STREET STANDARDS.Section 9522.02. Intent and Purpose.The intent and purpose of this section is to ensure that there is adequate space between buildingson a lot and on opposite sides of a street to provide for light, air, open space, safe and convenientmovement of traffic, and access of emergency facilities and to deter the spread of conflagration.The provisions of this section are for the purpose of ensuring the providing of such space anduniform building setbacks while allowing the equitable development of property in the City.Section 9522.04. Lot Standards.(A)Undersized LotsUnimproved property having a width, depth, or area less than that required by thischapter may be occupied by a use permitted in the zone applicable under this chaptersubject to all other requirements if such lot was held under separate ownership or was ofrecord on April 8, 1957.(B)Lot DivisionsA person shall not divide any lot, or any portion thereof, unless such division isaccomplished in conformance with the City’s subdivision regulations.(C)Lot FillIn all zones the maximum height of fill shall not exceed two (2) feet above the finishedgrade of the curb line.9.5-53

MUNICIPAL CODE ARTICLE IX – LAND USE9522.06 9522.08(D)Multiple Zoned LotsWhere a lot is developed to a residential use and is zoned in more than one classification,one of which is residential, the entire parcel shall be considered as residentially zonedproperty when land abutting the property is being developed.(E)Lot Area Reduced by Public UseIf the area of a lot is reduced to less than the required lot area for the zone in which it islocated by reason of a portion thereof being acquired for public use in any manner,including dedication, condemnation, or purchase, the portion remaining, if not less thaneighty (80) percent of the area required, shall be considered as having the required area.(F)Lot Width Reduced by Public UseIf the frontage of a lot is reduced to less than the required width by reason of a portionbeing acquired for public use in any manner, including dedication, condemnation, orpurchase, the portion remaining, if not less than forty (40) feet, shall be considered ashaving the required width.Section 9522.06. Underwidth Streets.A building or structure shall not be erected in the ultimate right-of-way, regardless of whether ornot the entire right of way has been dedicated to the City.A building or structure shall be set back from the center line of a street a distance equal to theaggregate distance of the depth of the required front setback yard and one-half (½) of therequired width of such street. Under no circumstances shall the distance required by this sectionresult in a lot having a buildable width or depth of less than forty (40) feet. Any person affectedby the requirements of this section may appeal in writing to the Commission from the decision ofthe City Engineer.Section 9522.08. Street Right-of-Way Dedication.As part of Site Plan Review, the Commission may require the dedication to the public, to theCity or to such other public agency as may be appropriate of real property or interest thereonboth on or off-site required for public use or benefit, including, but not limited to the following:(A)(B)(C)Local streets, arterial highways, and transportation corridorsAlleyTrails, paths, and pedestrian ways9.5-54

MUNICIPAL CODE ARTICLE IX – LAND USE9524 9528.04(D)Other street right-of way dedications for landscaping maintenance easements, publicutility easements, public transit easements, and other public easements, as determined bythe Commission.SECTION 9524. PUBLIC ADDRESS SYSTEMS.There shall be no announcing system, loudspeaker, or music audible at the property line of anybusiness that exceeds the ambient noise level of an adjoining property or street. See Chapter 6 ofArticle IV of this Code.SECTION 9526. PUBLIC UTILITIES.Public utilities shall be permitted as authorized by law and other ordinances of the City in anyzone, including the erection, construction, alteration, or maintenance by public utilities ofunderground gas, electrical, steam, or other transmission or distribution systems, including wires,mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals,hydrants, and other similar equipment, and accessories in connection therewith, but not includingbuildings, electric or gas transmission and distribution substations, or telephone exchanges,except in the zone in which such uses are specifically permitted by this chapter, unless aConditional Use Permit has first been obtained as provided by Section 9824. Property in anyzone not including such use as a permitted use may be used while such Conditional Use Permit isin full force and effect and in conformity with the conditions of such permit for buildings,electric or gas transmission and distribution substations, or telephone exchanges.SECTION 9528. SOLID WASTE.Enclosed solid waste storage collection areas shall be conveniently located and shall be anintegral part of the architectural development of a property.Section 9528.02. Intent and Purpose.The intent and purpose of this section is to ensure the provision of adequate locations compatiblewith surrounding land uses, for the collection, storage, and loading of solid waste and to regulatethe location of trash containers and enclosures in order to provide adequate, convenient space forthe collection, storage, and loading of solid waste at multifamily residential, commercial, andmanufacturing sites.Section 9528.04. Development Regulations.(A)Materials, Construction, Design, and Location9.5-55

MUNICIPAL CODE ARTICLE IX – LAND USE9528.04 9528.04(1) The walls of each solid waste enclosure shall be constructed of concrete block orother solid masonry material with an exterior surface finish compatible with themain structure(s).(2) Each solid waste enclosure shall have a solid gate capable of screening thecontents of the enclosure.(3) The walls of each solid waste enclosureshall be a minimum of five (5) feet inheight.(4) Each solid waste enclosure should bedesigned to allow walk-in pedestrianaccess without having to open the mainenclosure gate. An example of walk-inpedestrian access is demonstrated inFigure 9.5.11.(5) The property owner shall supply andmaintain adequate bins and containersfor waste disposal.(6) Solid waste enclosure dimensions shallbe in conformance with the City’s solidwaste contractor’s requirements.Figure 9.5.11. Solid Waste Enclosure(7) Solid waste enclosures shall be architecturally compatible with the main building.(8) All trash enclosures constructed after the date of the adoption of this article shallcomply with the standards set by the Director of Public Works to address runoffwater quality and pollutant source reduction.(B)(C)(D)(E)Instructional signs shall be conspicuously posted on each trash enclosure givinginstructions on the use of the bins and containers.A two (2) foot perimeter surrounding each recycling and solid waste enclosure, exclusiveof access to the enclosure, shall be planted with landscaping.No solid waste enclosure shall be located in any front or corner side yard.No recycling or solid waste enclosures (including access doors, when open) shall belocated in any required parking space.9.5-56

MUNICIPAL CODE ARTICLE IX – LAND USE9530 9530.04SECTION 9530. TRANSPORTATION DEMAND MANAGEMENT.Section 9530.02. Intent and Purpose.It is the intent and purpose of this section to:(A)(B)(C)(D)Encourage reduction in trips made by single-occupancy vehicles by fosteringdevelopment that encourages an increase in the amount of trips made by alternativetransportation modes including but not limited to public transportation, carpooling andvanpooling, bicycling, and walking.Comply with the requirements of the Congestion Management Program (CMP) of LosAngeles County, authorized by Proposition 111 and State legislation, as well asrequirements of federal and state air quality regulations while maintaining maximumlocal control, flexibility, and autonomy regarding local land use decisions and theimplementation of programs that meet these goals.Improve the mobility of City residents and workers as well as air quality in the SouthCoast Air Basin.Achieve the City’s proportional share of regional vehicle trip reduction while maintainingan atmosphere within the City that supports job retention and commercial growth.Section 9530.04. Review of Transit Impacts.(A)(B)Prior to the approval of any development project for which a Mitigated NegativeDeclaration (MND) or an Environmental Impact Report (EIR) is required pursuant to theCalifornia Environmental Quality Act (CEQA), or at the City’s discretion, the projectproponent(s) shall identify and consult with the regional and municipal fixed-route transitoperators providing service to the project area.The MND or EIR for projects described in Section 9530.04(A) shall include an analysisof transit impacts as required by the Los Angeles County CMP Manual. Pursuant to theCMP, each affected transit operator shall be sent a copy of the Notice of Preparation(NOP) for all EIRs and shall be given opportunity to do the following:(1) Comment on the transit impacts of the project;(2) Identify recommended transit service or capital improvements that may berequired as a result of the project; and(3) Recommend mitigation measures that minimize automobile trips on the CMPnetwork.9.5-57

MUNICIPAL CODE ARTICLE IX – LAND USE9530.06 9530.06Impacts and recommended mitigation measures identified by the transit operatorwithin the NOP review and comment period shall be evaluated in the Draft MNDor Draft EIR prepared for the project. The mitigation monitoring requirements ofCEQA shall apply to adopted mitigation measures.(C)Phased development projects, development projects subject to a development agreement,or development projects requiring subsequent approvals and environmental review forwhich an EIR has been certified need not repeat this process provided that the project hasnot undergone substantial changes since certification of the EIR. The determination as towhether a project is substantially the same and therefore covered by a previously certifiedEIR is subject to the discretion of the lead agency under CEQA.Section 9530.06. Transportation Demand and Trip Reduction Measures.(A)RequirementsPrior to approval of any development project, the applicant shall, at a minimum, makeprovision for all of the applicable transportation demand management and trip reductionmeasures listed under Section 9430.06(B). This section shall not apply to projects forwhich a development application has been deemed “complete” by the City pursuant toGovernment Code Section 65943, or for which an NOP of a Draft EIR has beencirculated or for which an application for a building permit has been received, prior to theeffective date of this section. All facilities and improvements constructed or otherwiserequired by this section shall be maintained in a state of good repair.(B)Development Standards(1) Nonresidential development greater than twenty-five thousand (25,000) squarefeet but less than fifty thousand (50,000) square feet shall provide the following tothe satisfaction of the City:a. A bulletin board, display case, or kiosk displaying transportationinformation in a location that is likely to be seen by the greatest number ofon-site employees. The displayed transportation information shall include,but is not limited to, the following:i. Current maps and schedules for public transit routes serving thesite;ii.Telephone numbers for referrals on transportation information,including numbers of the regional ridesharing agency and localtransit operators;9.5-58

MUNICIPAL CODE ARTICLE IX – LAND USE9530.06 9530.06iii.iv.Ridesharing promotional material supplied by commuter-orientedorganizations;Bicycle route and facility information, including regional/localbicycle maps and bicycle safety information;v. A listing of facilities available for carpoolers, vanpoolers,bicyclists, transit riders, and pedestrians at the site.(2) Nonresidential development greater than or equal to fifty thousand (50,000)square feet but less than one hundred thousand (100,000) square feet shall complywith Section 9530.06(B)(1) in addition to providing all of the following measuresto the satisfaction of the City:a. Not less than ten (10) percent of employee parking area shall be located asclose as is practical to the employee entrance(s) and shall be reserved foruse by potential carpool/vanpool vehicles, without displacing handicappedand customer parking needs. This preferential carpool/vanpool parkingarea shall be identified upon the Site Plan Review. A statement thatpreferential carpool/vanpool spaces for employees are available and adescription of the method for obtaining such spaces shall be included onthe required transportation information board required by Section9530.06(B)(1)a. Spaces will be signed/striped for carpool/vanpools asdemand warrants provided that:i. At least one (1) space is reserved for carpool/vanpools fornonresidential projects of fifty thousand (50,000) square feet to onehundred thousand (100,000) square feet; andii.At least two (2) spaces are reserved for carpool/vanpools fornonresidential projects over one hundred thousand (100,000)square feet.b. Preferential parking spaces reserved for vanpools must be accessible tovanpool vehicles. When located within a parking structure, a minimumvertical interior clearance of seven (7) feet two (2) inches shall beprovided.c. Bicycle racks or other secure bicycle parking shall be provided toaccommodate four (4) bicycles per the first fifty thousand (50,000) squarefeet of nonresidential development and one (1) bicycle per each additionalfifty thousand (50,000) square feet of nonresidential development.Calculations of required bicycle parking facilities that result in a fractionof five-tenths (0.5) or higher shall be rounded up to the nearest whole9.5-59

MUNICIPAL CODE ARTICLE IX – LAND USE9530.08 9532number. A bicycle parking facility may also be a fully enclosed space orlocker accessible only to the owner or operator of the bicycle. Suchfacilities protect bikes from inclement weather and theft.(3) Nonresidential development greater than or equal to one hundred thousand(100,000) square feet shall comply with Section 9530.06(B)(1) and 9530.06(B)(2)above in addition to providing all of the following measures to the satisfaction ofthe City:a. A safe and convenient zone in which vanpool and carpool vehicles maydeliver or board their passengers.b. Sidewalks, or other designated pedestrian pathways following direct andsafe routes from an off-site pedestrian circulation system to each buildingwithin the development.c. Bus stop improvements when determined necessary by the City to mitigatethe project’s traffic impacts. The City shall consult with the local busservice provider(s) or other applicable transit service provider indetermining the bus stop improvements that would adequately mitigate theproject’s impacts. When bus stop improvements are required by thissection, primary building entrances shall be located and designed toprovide safe and efficient access to such nearby stops.d. Safe and convenient access from the external circulation system to on-sitebicycle parking facilities, including safe and convenient access to off-siteClass I and Class II bicycle facilities.Section 9530.08. Monitoring and Enforcement.Monitoring and enforcement of the provisions of this section shall comply with the provisions ofChapter 2. A Certificate of Occupancy shall not be issued prior to the determination of the CityPlanner that the provisions of this section have been satisfied.SECTION 9532. USE OF TRAILERS.Except as set forth in Chapter 3 dealing with permitted accessory uses for the R-1, R-3, M-1 andM-2 Zones, no trailer shall be permitted for any use in any zone, except as follows:(A)Temporary OfficesIn the M-1 and M-2 Zones, a nonresidential trailer as defined below in Section9432(B)(1) may be used as a temporary office for a period not exceeding one (1) year.9.5-60

MUNICIPAL CODE ARTICLE IX – LAND USE9534 9534.06Such a temporary office shall only be used by employees of the business or useoccupying the property and closed to the general public.(1) A nonresidential trailer shall include any trailer coach designed for human use,occupation, or habitation, other than that for residential purposes. Any suchtrailer shall be installed in compliance with the requirements of this article.(B)Other Uses(1) Trailers may be used as construction offices during the period of constructionactivities when located on the same lot as such construction activities.(2) Trailers may be used as mobile classrooms when located on the same premises asan established business. Such trailers shall not be so located for more than one (1)week in any six (6) month period of time.(3) Trailers may be used for the dispensing of food items on any property owned by apublic entity in conjunction with nonprofit youth recreational activities.(4) Within the H-M Zone, trailers may be used for temporary medical uses inconjunction with a hospital or medical office.SECTION 9534. YARDS, SETBACKS, AND HEIGHT EXCEPTIONS.Section 9534.02. Intent and Purpose.The intent and purpose of this section is to ensure that property in the various zones of the City isdeveloped in a uniform and orderly manner to promote the public health, safety, comfort,convenience, and general welfare. The following development standards shall be required inaddition to the property development standards set forth for each zone in Chapter 3.Section 9534.04. Responsibility for Measurements.In measuring lot dimensions and other requirements set forth in this chapter, the property owneror his authorized agent shall be responsible for providing accurate dimensions and calculations.The submission of inaccurate dimensions or calculations which result in a lot or structure notcomplying with the requirements set forth in this chapter shall constitute a violation of thischapter, and any permit or approval granted hereunder shall be void.Section 9534.06. Yard Requirements for Open and Public Uses.(A)Where a lot is to be occupied for a permitted use that does not involve buildings orstructures, the permitted use shall comply with the front, rear, and side setbacks required9.5-61

MUNICIPAL CODE ARTICLE IX – LAND USE9534.08 9534.16by this article. Lots used for garden purposes or public playgrounds are exempt fromrequired side and rear setbacks.(B)Buildings erected, structurally altered, or used for a permitted public use such as a park,school, or institution within a residential zone shall be set back from any lot line(s)abutting a residential zone by a minimum of fifty (50) feet.Section 9534.08. Interior Side Yards and Accessory Buildings and Uses.In any residential zone, accessory buildings or uses shall not be erected or maintained closer toan interior side lot line than the permitted side yard distance required for the main building,unless such accessory building or use is located completely to the rear of the main building.Notwithstanding any other provision of this section, accessory buildings and uses shall be setback a minimum of fifty (50) feet from a public street.Section 9534.10. Rear Yards Abutting Streets.Where the rear yard on a street side lot abuts a public street, the side setback requirement shallapply to the portion of the rear yard that abuts a public street, while the rear setback requirementshall apply to any portion of the rear yard that does not abut a public street. Also see the yardrequirements of Section 9312.08.Section 9534.12. Allocation of Required Setbacks or Open Space.The required setback or other open space around an existing building, or any building erectedafter adoption of this article, shall never be considered as providing a setback or other open spacefor an adjoining lot or building site.Section 9534.14. Projections Into Setback Areas.Setbacks required by this article shall be open and unobstructed from the ground to the skyexcept as provided elsewhere in this chapter and as follows:(A)(B)(C)Eaves may extend eighteen (18) inches into a required setback in any zone.Architectural features, excluding chimneys, may extend six (6) inches into a requiredsetback in any zone.Uncovered steps and landings, six (6) inches or less above finished grade, may extendtwelve (12) inches into a required setback in any zone.Section 9534.16. Intersection Visibility and Corner Cutbacks.(A)In all zones subject to setback requirements at the intersection of any public or privatestreets, all lots shall maintain for safety vision purposes a triangular area formed by the lot9.5-62

MUNICIPAL CODE ARTICLE IX – LAND USE9534.16 9534.16lines adjoining the intersecting streets for a distance of twenty-five (25) feet from suchintersection and a line connecting the ends of such lot lines, and within the area comprisingsuch triangle nothing shall be erected, placed, planted, or allowed to grow in such a manneras materially to impede vision (Figure 9.5.12). Also see Chapter 8 of Article IV of thisCode.Figure 9.5.12. Intersection Visibility(B)(C)In the corner cutback area of corner lots, mature landscaping without pruning, walls,fences, and other obstructions may not exceed thirty (30) inches in height. The height ofwalls, fences, and landscaping as permitted shall be measured from the top of the existingcurb grade or crown of the abutting road.The following are exempt from the requirements of this section:(1) Permanent buildings legally existing on or before January 12, 1978;(2) Supporting members or appurtenances to permanent buildings legally existing onor before January 12, 1978;(3) Utility poles;(4) Trees trimmed at the trunk line a minimum eight (8) feet as measured from theintersection grade; and(5) Official warning signs and signals.9.5-63

MUNICIPAL CODE ARTICLE IX – LAND USE9534.18 9534.20Section 9534.18. Prevailing Setbacks.Where an existing development, structure, or use has an established front or street side setbackgreater than the setback required by this chapter, as identified on the map of Prevailing Setbacks,as adopted by the Commission, the larger setback shall be required. Maintaining the prevailingsetback will protect the visual character of the street (Figures 9.5.13 and 9.5.14).Figure 9.5.13. Prevailing SetbacksFigure 9.5.14. Prevailing Setbacks9.5-64

MUNICIPAL CODE ARTICLE IX – LAND USE9534.20 9534.22Section 9534.20. Modification of Required Setbacks.(A)(B)The Commission may grant modifications to the rear setback regulations requiringgreater than ten (10) foot rear setbacks on lots having irregular lot lines, or restricteddepth, or where other conditions create an unnecessary hardship and make it difficult torequire compliance with the rear setback regulations, but in no event shall the rearsetback be less than ten (10) feet. In no event shall the modifications exceed one-half (½)of the width of the lot.In the R-1 and R-2 Zones, zero setbacks may be permitted as a part of a development fornew subdivisions on one (1) interior side setback provided the opposite side setback isnot less than ten (10) feet, and there is not less than ten (10) feet between the zero lineand any adjacent building or structure, excluding the wall.Section 9534.22. Detached Accessory Buildings In Setback Areas.Detached accessory buildings shall be permitted in the required interior side and rear setbackareas, subject to the following provisions:(A)(B)(C)(D)(E)(F)A detached accessory building may occupy not more than one-half (½) of the requiredrear setback, such that a contiguous one-half (½) of the rear yard remains as open space,and shall be completely to the rear of the main dwelling to which it is accessory.No detached accessory building shall be within five (5) feet of the front one-half (½) ofan adjacent lot. For the purposes of this regulation, a depth of not more than fifty (50)feet shall be deemed to be such front one-half (½) of such abutting lot.In the case of a street side lot, no accessory building shall be located in the required streetside setback area.Attached or detached garages taking access from a side street or alley shall maintain asetback of at least twenty (20) feet from the street property line or twenty-six (26) feetfrom the opposite side of the alley.In the case of through lots, no accessory building shall encroach upon the required yardon either street.No detached accessory building shall be nearer than ten (10) feet to any other building onthe same lot, except detached garages may be permitted within five (5) feet of the mainbuilding.9.5-65

MUNICIPAL CODE ARTICLE IX – LAND USE9534.24 9534.26Section 9534.24. Variable Height.In addition to the specific requirement set forth for each zone, the following shall apply, andwhen requirements are in conflict with other sections, the most restrictive requirements shall beapplied:(A)The R-3 and R-3-O Zones and allcommercial and manufacturingzones shall have a variable heightlimitation established whenabutting R-1 and R-2 zonedproperty as follows:(1) R-3, M-U, C-P, C-1, C-2,and C-3 Rear Yard HeightLimitationsEstablishing a height of six(6) feet above the finishedgrade of the residentialproperty at the propertyline, a fifteen (15) degreeinclined plane is projectedthat establishes the heightlimitation (Figure 9.5.15);Figure 9.5.15. Variable Height Limitation(2) H-M, C-M, M-1, and M-2 Rear Yard Height LimitationsSame as set forth in Section 9534.24(1), except the established beginning heightshall be nine (9) feet and the inclined plane fifteen (15) degrees (Figure 9.5.15);and(3) Side Yard Height Limitations in All Zones Except R-3 and R-3-OBuildings shall have a maximum height of fifteen (15) feet, twenty (20) feet fromthe side property line, with a forty (40) degree inclined plane projected toestablish the height limitation.Section 9534.26. Exceptions to Height Limits.No portion of any building or structure shall exceed the height limits set forth in this article,except as follows:9.5-66

MUNICIPAL CODE ARTICLE IX – LAND USE9534.26 9534.26(A)(B)(C)(D)Chimneys, including required spark arrestors and decorative caps, may extend no morethan five (5) feet above the height limits set forth in the zone;Flag poles may have a maximum height of thirty (30) feet.Solar energy systems may extend no more than three (3) feet above the heights limits setfourth in the zone;The system height of small wind energy systems shall be determined by the Commissionduring the Conditional Use Permit process in accordance with the provisions of Section9824.9.5-67

MUNICIPAL CODE ARTICLE IX – LAND USEThis page intentionally left blank.9.5-68

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 6SIGNS

MUNICIPAL CODE ARTICLE IX – LAND USE9602 9602CHAPTER 6 – SIGNSCHAPTER CONTENTSSECTION 9602. INTENT AND PURPOSE.SECTION 9604. APPLICABILITY.SECTION 9606. POLICIES.SECTION 9608. GENERAL PROVISIONS.SECTION 9610. SIGN PERMITS AND PLANNED SIGN PROGRAM.SECTION 9612. EXEMPT SIGNS.SECTION 9614. PROHIBITED SIGNS AND LOCATIONS.SECTION 9616. COMPUTATION OF SIGN AREA, HEIGHT, AND COPY AREA.SECTION 9618. ON-SITE SIGN REGULATIONS.SECTION 9620. ADDITIONAL SIGN STANDARDS FOR SPECIFIC USES.SECTION 9622. BILLBOARDS (OFF-SITE SIGNS).SECTION 9624. LIGHTING AND DESIGN STANDARDS.SECTION 9626. ENFORCEMENT.SECTION 9602. INTENT AND PURPOSE.The intent and purpose of this chapter is to establish uniform sign regulations intended to:(A)(B)(C)(D)Maintain and enhance the City’s visual environment by regulating the location, size,design, character, number, type, quality of materials, illumination, and maintenance ofsigns;Protect and improve pedestrian, bicycle, and vehicular traffic safety by balancing theneed for signs which facilitate the safe and smooth flow of traffic without an excess ofsignage that may distract motorists, overload their capacity to quickly receiveinformation, visually obstruct traffic signs, or otherwise create congestion and safetyhazards;Generally limit commercial signage to on-site locations to protect the visual environmentfrom visual disorder associated with the unregulated proliferation of signs whileproviding channels of commercial communication to the public;Allow the expression of political, religious, and other noncommercial speech at all times;9.6-1

MUNICIPAL CODE ARTICLE IX – LAND USE9604 9606(E)(F)(G)(H)(I)Respect and protect the right of free speech through sign display, while reasonablyregulating the structural, locational, and other noncommunicative aspects of signsgenerally to protect the public health, safety, and welfare and specifically to serve thepublic interest through pedestrian, bicycle, and vehicular traffic safety and themaintenance and enhancement of the visual environment;Minimize the potential adverse effects of signs on nearby public and private property;Promote the City’s interest in maintaining and enhancing its visual appeal to residentsand visitors by preventing the degradation of visual quality which can result from excesssignage;Defend the peace and tranquility of residential zones and neighborhoods by prohibitingcommercial signs on private residences while allowing residents the opportunity, withinreasonable limits, to express political, religious, and other noncommercial messages;Enable the fair, consistent, and efficient enforcement of sign regulations in the City.SECTION 9604. APPLICABILITY.(A)(B)Signs shall only be erected or maintained in zones as allowed by this chapter. The signregulations outlined in this chapter are intended to be the minimum standards needed toachieve the City’s purposes in regard to signs.Where the provisions established by this chapter conflict with other provisions of thisarticle, the provisions of this chapter shall apply.SECTION 9606. POLICIES.The City therefore adopts the following policies:(A)(B)(C)Signing in residential areas shall be harmonious with the materials, colors, and textures ofthe neighborhood.Signing used by commercial/industrial businesses either abutting or across the street fromresidential areas shall be designed so as to consider their proximity and not adverselyaffect the integrity of residential neighborhoods.Signing throughout the City shall be reasonable in scale, character, and design. Thedesign of signs shall be consistent with the highest visual standards.9.6-2

MUNICIPAL CODE ARTICLE IX – LAND USE9608 9608(D)(E)All signing for an establishment within a multi-tenant commercial or industrial complexshall be in harmony and consistent with the signing of the entire complex. The theme ofsuch signing shall be approved as part of the planned signing program for the commercialor industrial complex.Signs shall serve to identify the business(es) on the premises.SECTION 9608. GENERAL PROVISIONS.The following general provisions and regulations shall apply to all signs within the City unlessotherwise specified in this chapter. To further the purposes and policies of this chapter, thefollowing regulations shall be strictly construed in their application:(A)(B)(C)(D)(E)(F)The consent of the property owner is required before any sign may be displayed on anyreal or personal property within the City. In the case of public property, owner’s consentshall be pursuant the adoption of policy by the Council.Subject to the owner’s consent, a noncommercial message of any type may be substitutedfor all or part of the commercial message on any sign allowed pursuant to this chapter.All rights, duties, and responsibilities related to permanent signs run with the land onwhich the sign is mounted, affixed, or displayed. The City may demand compliance withthis chapter and with the terms of any sign permit from the permit holder, the owner ofthe sign, the property owner, or the person mounting the sign.Replacing sign copy on a commercial sign due to age, wear, or other aesthetic or safetypurposes without any modification to the location, height, size of the sign area, anystructural support or attachment, or electrical component shall require a sign permit.Rights and duties relating to permanent signs may not be transferred between differentparcels of real property except as part of an approved Planned Signing Program. All dulyissued and valid sign permits for permanent signs affixed to land shall automaticallytransfer with the right to possession of the real property on which the sign is located.Every sign shall be properly maintained respecting appearance, structure, and electricalprovisions as follows:(1) Any location where business goods are no longer sold or purchased or whereservices are no longer provided shall have sixty (60) days to remove anyremaining or derelict on premises signs following notification by the City and atthe expense of the owner of such property. Where written notification has beengiven by the City and compliance has not been made within the required sixty(60) day period, the City may cause the removal of such signs with the costs for9.6-3

MUNICIPAL CODE ARTICLE IX – LAND USE9610 9610.02such removal to be attached to the property. For good cause shown, the CityPlanner may extend the specified period not to exceed ninety (90) days from theoriginal date of notification.(2) All on-premises signs shall be maintained in a clean and attractive condition. Allsigns shall be cleaned, repaired, or replaced within thirty (30) days following theissuance of such notification by the City.(G)(H)(I)(J)Noncommercial or nonindustrial uses located in a commercial or manufacturing zoneshall be governed by the requirements of the zone in which the particular use wasoriginally permitted.Windows painted in a manner that prohibits the passage of light rays and that are thesame color as the adjoining walls shall be considered a part of the wall.Every sign requiring a permit shall display the name of the maker, date of the installation,and the permit number. Such information shall be clearly legible and in a conspicuousplace on each sign.A commercial or industrial building with a side or rear property line that abuts aresidentially zoned property shall not erect a sign along said side or rear property line,with the exception of a directional sign or non-illuminated sign.SECTION 9610. SIGN PERMITS AND PLANNED SIGN PROGRAM.Section 9610.02. Sign Permit Required.(A)Unless otherwise exempt by this chapter, no sign shall be installed, constructed, erected,structurally altered, relocated, or reconstructed without approval of a sign permit (or otherapplicable permit as required or allowed by this chapter) by the City Planner inaccordance with the following:(1) ApplicationsApplications for sign permits shall be made on forms provided by the PlanningDivision and shall be accompanied by the following materials:a. A sign elevation indicating the overall dimensions and the size and type ofletter dimensions, proposed copy, colors, materials, and illumination;b. A site plan indicating the proposed location, type, and character of eachsign;9.6-4

MUNICIPAL CODE ARTICLE IX – LAND USE9610.02 9610.02c. The name and address of the applicant and the person who will construct,erect, alter, relocate, or reconstruct the sign;d. Building elevations with signs depicted; ande. Such other information pertinent to the application as may be required bythe City Planner or as described in the sign permit application instructions.(2) Review and Approval of Sign Applicationsa. All sign applications shall be reviewed by the City Planner within ten (10)calendar days of filing. The City Planner shall either approve, approvewith conditions, deny, or refer to the Commission an application inaccordance with the provisions established by this chapter. Decisions ofthe City Planner on signs may be appealed to the Commission accordingto the appeals process established by Section 9806 of Chapter 8.b. The City Planner may require submittal of a Planned Sign Program inaccordance with Section 9610.02(A)(2)(c) and Section 9610.04 prior tothe approval of a sign permit.c. The Commission may grant exceptions to these sign regulations as part ofa Planned Sign Program, or where such exceptions would allow signs thatwould be better integrated with the architecture or character of an existingor proposed building, the project site, or the surrounding community.d. If it is found that a temporary sign is necessary to establish or maintainidentity until a permanent sign can be erected, the City Planner may issuea temporary sign permit for up to thirty (30) days provided that thetemporary sign complies with the sign area and other sign standards of thischapter. The City Planner may approve a temporary sign when necessaryto avoid a dangerous condition and may approve temporary signspertaining to a use permitted by a Special Event Permit as described inSection 9420.e. No permit for any sign shall be issued by any department, elected official,or employee of the City without compliance with the applicablerequirements of this chapter. Any sign permit issued that does not complywith this chapter shall be null and void. The City Planner shall enforce theprovisions of this chapter pertaining to the use of any sign.9.6-5

MUNICIPAL CODE ARTICLE IX – LAND USE9610.04 9610.04Section 9610.04. Planned Sign Program.(A)A Planned Sign Program shall be required for any site having three (3) or morenonresidential tenants and shall be submitted and approved by the Commission prior tothe issuance of any sign permit. Once a Planned Sign Program is approved, no signpermit shall be issued unless said sign complies with the Planned Sign Program.(1) Applications for a Planned Sign Program shall be submitted to the City Plannerand shall include the following:a. A site plan drawn to scale, delineating the site proposed to be includedwithin the signing program, the lineal street frontage of the site, the linealoccupancy frontage of all buildings, and the locations of all existing andproposed signs;b. Drawings indicating the exterior surface details (elevations) of allbuildings on the site on which wall signs, directory signs, or projectingsigns are proposed (including any existing signs to be retained)c. Drawings indicating typical sign design, height, colors, faces, and methodsof construction (including method of attachment for wall signs) for allproposed signs;d. A statement of the reasons for any requested modifications to theregulations or standards of this chapter; ande. A summary indicating the maximum total sign area allowed for the site,the sign area of all existing signs, and the allocation of the sign area bysign type (freestanding, wall, multi-tenant, directional, etc) and location inthe development.f. The program shall have provisions for sign maintenance and removal,replacement of nonconforming signs, and other items as determined byPlanning Division.(B)A Planned Sign Program may include deviations from the standards of this chapter,provided that the total sign area shall not exceed the area otherwise permitted by thischapter. In approving a Planned Sign Program, the Commission shall determine thatsuch Planned Sign Program:(1) Includes signs consisting of materials, colors, textures, sizes, shapes, heights, andlocations that are compatible with each other;9.6-6

MUNICIPAL CODE ARTICLE IX – LAND USE9610.06 9610.06(2) Is consistent with or improved upon the style and character of any existing signson the site;(3) Is compatible with the character of signs on adjacent properties;(4) Does not detract or adversely impact the use and enjoyment of adjacentproperties; and(5) Does not have an adverse impact on the safe and efficient movement of vehicular,bicycle, or pedestrian traffic.(C)(D)(E)(F)The Commission may require any reasonable conditions necessary to carry out the intentof the Planned Sign Program requirement.An alternate means of compliance with this section may be approved by the Commission.Planned Sign Programs may be part of a Site Plan Review, a Conditional Use Permit, or aPlanned Unit Development.Decisions of the Commission may be appealed to the Council according to the appealsprocess established by Section 9806 of Chapter 8.Section 9610.06. Findings for Approval of Planned Sign Program.The Commission may approve a Planned Sign Program application in whole or in part, with orwithout conditions, only if the following findings are made:(A)(B)(C)(D)(E)(F)The proposed sign is permitted within the zone and complies with all applicableprovisions of this chapter, the General Plan, and any other applicable standards;The sign is in proper proportion to the structure or site on which it is located;The sign materials, color, texture, size, shape, height, and placement are compatible withthe design of the structure(s), property, and neighborhood of which it is a part;The sign’s illumination is at the lowest reasonable level as determined by the CityPlanner, which ensures adequate identification and readability, and is directed solely atthe sign or is internal to it;The sign is not detrimental to the public interest, health, safety, or welfare; andThe sign is in compliance with Section 9624, Lighting and Design Standards.9.6-7

MUNICIPAL CODE ARTICLE IX – LAND USE9612 9614.02SECTION 9612. EXEMPT SIGNS.A sign permit shall not be required for exempt signs. Such signs shall be exempt from the signregulations and design standards of this chapter except for regulations related to prohibited signsand locations provided in Section 9614. Exempt signs are permitted in all zones subject to therequirements of Table 9.6.1.SECTION 9614. PROHIBITED SIGNS AND LOCATIONS.Section 9614.02. Prohibited Signs.The following signs and mechanical and electrical equipment shall be prohibited unlessotherwise specified by this chapter:(A)(B)(C)(D)(E)(F)(G)(H)(I)Canvas signs (excluding awning signs), banners, pennants, flags, streamers, balloons, orother wind signs, except where temporarily permitted as described in Section 9618.02;A-frame, portable, or sandwich board signs;Signs or sign structures which by color, wording, or symbols, resemble or conflict withany traffic control sign or signal;Signs with an intensity of illumination that creates a safety hazard for pedestrian, bicycle,or vehicular traffic;Signs which produce odor, sound, smoke, fire, or other such emissions;Signs advertising commercial uses, day care homes, residential care facilities, and similaruses on sites where the principal use is a residential dwelling unit unless otherwiseallowed in accordance with State law;Signs that rotate, move, or cause uncontrolled direction of lights, flash, reflect, blink, orappear to do any of the foregoing with the exception of public service signs stating timeand temperature;On-premise signs that identify or advertise a product, business, or service that is notlocated on the property on which the sign is located;Off-premise signs, including billboards, and/or advertising signs as defined in thischapter, which do not advertise a product, an interest, a service, or entertainmentavailable on the premises, except as permitted by Section 9622.9.6-8

MUNICIPAL CODE ARTICLE IX – LAND USE9614.02 9614.02Table 9.6.1Schedule of Exempt SignsSignsAccessory Sign to aCommercial, Public orSemipublic useMax. Area insquare feet (sf)Max. NumberMax. Height infeet/inchesNR NR NRAddress Numbers NR NRAs required by theFire DepartmentBalloons, Non-Helium 4 sf NR NRAdditional Standards(A) Signs manufactured as a standard, integral part of a mass-produced productaccessory to a commercial or public or semipublic use, including telephonebooths, vending machines, automated teller machines, and gasoline pumps(A) No additional standards beyond those otherwise required by this article(A) Only permitted for noncommercial decorative purposes not to exceedtwenty (20) days per calendar yearConstruction Sign64 sf1 per streetfrontage8 feet(A) One (1) allowed per street frontage of a building under construction(B) Removal shall occur prior to final occupancy of the buildingConstruction SignWarning About a PotentialPublic HazardNR NR NR(A) Signs that inform the public of potential hazards resulting from constructionor remodeling activities; these must be removed at the time of thecompletion of the construction or remodeling activitiesCredit Card, TradingStamp, or TradeAssociation SignDirectional Sign, On-siteDirectional Signs for Publicand Semi-Public Use Signswithin the Public Right-of-Way0.5 sf NR NR (A) No additional standards beyond those otherwise required by this article6 sf1 perentrance/exit3 sf per sign 34 feetPer AgencyRequirement(B) There shall be no limitation on directional signs that are not visible from thepublic right-of-way(C) Maximum sign area may be increased to ten (10) square feet if setback atleast one hundred (100) feet from the public right-of-way(D) Directional signs shall never include commercial or advertising content(A) Subject to the approval of the City Planner or his/her designee(B) Permitted within the public right-of-wayDoor Sign, Nonilluminated 2 sf 1 NR (A) Such signs shall not be computed in the maximum permitted sign area9.6-9

MUNICIPAL CODE ARTICLE IX – LAND USE9614.02 9614.02SignsFlag of an OfficialGovernment JurisdictionHistorical MarkerHoliday Lights,Decorations, and DisplaysIdentification Sign,Owner/OccupantIdentification Sign, PublicUtilityInspection SignMax. Area insquare feet (sf)Max. NumberTable 9.6.1 (continued)Schedule of Exempt SignsMax. Height infeet/inchesNR NR NR2 sf per linealfrontage not toexceed 180 sf1 per streetfrontageNRNR NR NRAdditional Standards(A) Does not include official flags of government jurisdictions that aredisplayed as part of a commercial advertisement(A) No additional standards beyond those otherwise required by this article(A) May be displayed no sooner than forty five (45) days before a national orreligious holiday and removed within fourteen (14) days after the holiday1 sf NR NR (A) No additional standards beyond those otherwise required by this article6 sf NR NR4 sf1 per type ofinspectionInterior Sign NR NR NRMenu Board Sign 32 sf 2 5 feetOpen House Sign 6 sf 1 4 feetCommemorative PlaqueSignNR(A) No additional standards beyond those otherwise required by this article(B) Permitted within the public right-of-way(A) Includes official state inspection signs constructed of permanent materialsand located flat against the wall of a building(A) Includes signs within the interior of building and structures (includingenclosed malls) that are not visible from the outside of the building orstructure(A) Only permitted in association with a business having a drive-throughwindow(A) Only permitted on the day(s) for which the property is available for publicshowing(B) Portable signs are permitted(C) Shall only be located on the site in which the open house is occurring.1 sf NR NR (A) Limited to plaques placed by historical agencies.9.6-10

MUNICIPAL CODE ARTICLE IX – LAND USE9614.02 9614.02Table 9.6.1 (continued)Schedule of Exempt SignsSignsPolitical Sign, ResidentialPolitical Sign,NonresidentialMax. Area insquare feet (sf)A maximum of 9sf per sign;, a totalsign area of 36 sfper parcelA maximum of 32sf per sign; a totalsign area of 96 sfper parcelMax. NumberNR, providedthat total area ofsigns does notexceedmaximum areaof 36 sf perparcelNR, providedthat total area ofsigns does notexceedmaximum areaof 96 sf perparcelMax. Height infeet/inchesNRNRAdditional Standards(A) Political signs shall maintain a minimum setback of five (5) feet from thefront or street side property line and shall be subject to Section 4118 of theDowney Municipal Code(B) All such signs shall be removed by the tenant or owner of the propertywithin ten (10) days of the election for which the sign was posted(C) All sign copy shall conform to the State Election Code(D) No sign shall be located so as to constitute a hazard to automobile, bicycle,or pedestrian traffic, or a safety hazard including but not limited to theobstruction of the location of fire hydrants; visibility of traffic signs orsignals; vehicular, bicycle, or pedestrian directional signs; and the line ofsight of intersections or sidewalks.(E) Nothing in this section shall authorize any sign poster or other person totrespass or otherwise violate any rights of the property owners or tenants ofproperty on which signs are posted, including the property owner’s right toapprove or disapprove locating the sign on their property.(A) Political signs shall maintain a minimum setback of five (5) feet from thepublic right-of-way. In the case of buildings with no setbacks from thepublic right-of-way or a fenced vacant site, political signs shall be allowedto be affixed to the face of the building or fencing but in no case shallpresent an obstacle or block or impede access or pedestrian movement.(B) All such signs shall be removed by the tenant or owner of the propertywithin ten (10) days of the election for which the sign was posted(C) All sign copy shall conform to the State Election Code(D) No sign shall be located so as to constitute a hazard to automobile, bicycle,or pedestrian traffic, or a safety hazard including but not limited to theobstruction of the location of fire hydrants; visibility of traffic signs orsignals; vehicular, bicycle, or pedestrian directional signs; and the line ofsight of intersections or sidewalks.(E) Nothing in this section shall authorize any sign poster or other person totrespass or otherwise violate any rights of the property owners or tenants ofproperty on which signs are posted, including the property owner’s right toapprove or disapprove locating the sign on their property.9.6-11

MUNICIPAL CODE ARTICLE IX – LAND USE9614.02 9614.02SignsPoster, Notice, or SignLegally Required by Stateor Federal LawReal Estate SignSubdivision SignTraffic, Danger Emergencyor Other Official PublicSignWindow Sign, PermanentMax. Area insquare feet (sf)Per AgencyRequirement8 sf w/in R-1 andR-2 Zones16 sf w/in R-3 andR-3-O32 sf w/in otherzones80 sf per streetentrancePer AgencyRequirement15% of individualwindow area and30% of total areaof all windowsMax. NumberNR1 per streetfrontage1 per lot w/in RZones1 per streetfrontage w/inother zonesNRNRTable 9.6.1 (continued)Schedule of Exempt SignsMax. Height infeet/inchesNR6 feet (iffreestanding)4 feet (iffreestanding)NRNRAdditional Standards(A) No additional standards beyond those otherwise required by this article(B) Permitted within the public right-of-way(A) Limited to on-site signs advertising the sale, lease, or rental of a structure orland(B) Removal shall occur within fifteen (15) days of the close of escrow, lease,or rental(A) Duration of sign display shall not exceed one (1) year after date of erection(B) The requirement of (A) above may be extended for a reasonable period oftime not to exceed one (1) year by written approval of the City Planner(A) Includes miscellaneous traffic and other official signs of any public orgovernment agency or official notices issued or posted by a public body orofficer.(A) Changeable copy is permitted. Signs shall not rotate, move, or causeuncontrolled direction of lights, flash, reflect, scroll, or blink.Notes:NR = No Requirement beyond the development and design standards and any other applicable requirement(s) of the underlying zone or this article.9.6-12

MUNICIPAL CODE ARTICLE IX – LAND USE9614.02 9614.02(J)(K)Any other sign, sign structure, or advertising device which is not specifically permittedby the zone regulations in which the sign is located or which may have been erected inviolation of the laws in effect at the time of erection;String lights, except in connection with permissible holiday decorations. Outlining of abuilding or structure with lights shall be construed as being string lighting;(L) Statuary sign, excepting those statuary signs legally established before January 12, 1978;(M)Lamps or incandescent lights are prohibited from use in any sign. This includes but isnot necessarily limited to:(1) Stroboscopic lights;(2) Spotlights;(3) Revolving beacons;(4) Any lamp with internal metallic reflectors;(5) Any lamp with external reflectors; and(6) Any exposed lamp or bulb with a rated wattage in excess of twenty-five (25)watts.(N)(O)(P)(Q)(R)Signs extending above a building roof (Figure9.6.1). However, a wall sign may bearchitecturally integrated with a sloping rooffascia or mansard roof with approval of a signpermit or a planned sign program.Exposed neon, unless the neon is approved bythe Commission, as a contributing architecturalor historical feature of the building.Any painted wall sign.Any sign or portion thereof that physicallyrotates about an axis (a revolving sign).Figure 9.6.1. Prohibited Roof SignFigure 9.6.1. Prohibited Roof SignChangeable copy except as permitted elsewhere in this chapter.9.6-13

MUNICIPAL CODE ARTICLE IX – LAND USE9614.04 9614.04Section 9614.04. Prohibited Locations.(A)(B)(C)(D)(E)Signs or sign structures which by their location conflict with a traffic control sign orsignal or create a safety hazard for pedestrian, bicycle, or vehicular traffic;Signs on public property, except when authorized by the appropriate governmental agency;Signs overhanging in the public right-of-way, unless specifically permitted by thischapter. All signs permitted to project over the public right-of-way must do so incompliance with Sections 7165 through 7172 of Chapter 1 of Article VII, Streets andPublic Works.No sign shall be affixed to any vehicle or trailer on a public right-of-way or public orprivate property unless the vehicle or trailer is currently and regularly being used in itsnormal business capacity and is not for the sole purpose of attracting business.Sign structures shall not be placed within the intersection visibility triangle as describedin Section 9520.04 and shown in Figure 9.6.2 unless the sign complies with theprovisions of Section 9614.04(F).Figure 9.6.2. Sign Restrictions Near Intersections(F)Within the area composed by said triangle (“the corner cutback area”), no sign shallcreate a visual obstruction within a vertical space between thirty (30) inches above theadjacent curb grade and a minimum nine (9) feet above the adjacent curb grade as shownin Figure 9.6.3.9.6-14

MUNICIPAL CODE ARTICLE IX – LAND USE9616 9616Figure 9.6.3. Area Free of Visual Obstruction(G)(H)The City Planner may require an additional offset or setback other than required by thissection to create site visibility upon finding that the need for such additional offset orsetback is required to maintain public safety.Nonexempt signs within the R-1 and R-2 Zones.SECTION 9616. COMPUTATION OF SIGN AREA, HEIGHT, AND COPY AREA.(A)Sign area shall be computed as follows:Figure 9.6.4. Area of a Wall, Awning, Marquee, or Window Sign(1) Wall, Awning, Marquee, and Window SignsSign area shall be computed by measuring the square or rectangle that willencompass the extreme limits of the writing, graphic representation, emblem, orother display, together with any material or color forming an integral part of thebackground of the message or display or otherwise used to differentiate the signfrom the backdrop or structure against which it is placed, including anysupporting framework. When signs are composed of individual elements, the areaof all sign elements, which together convey a single complete message, shall beconsidered a single sign (see Figure 9.6.4).Figure 9.6.4. Area of a Wall, Awning, Marquee, or Window Sign9.6-15

MUNICIPAL CODE ARTICLE IX – LAND USE9616 9616(2) Monument SignsSign area shall be computed by measuring the entire area contained within theframe or cabinet but excluding the monument base if it contains no advertisingand is clearly distinguishable from the sign copy area through the use of differenttexture, color, and design (see Figure 9.6.5).Figure 9.6.5. Area of a Monument Sign(3) Projecting and Hanging SignsSign area shall be computed by measuring the entire area contained within theframe or cabinet (see Figure 9.6.6).Figure 9.6.6. Area of a Projecting Sign9.6-16

MUNICIPAL CODE ARTICLE IX – LAND USE9616 9616(4) Freestanding SignsSign area shall be computed as the entire area of the surface(s) upon which thesign message is placed, including the supporting column(s) if decorated ordisplayed with advertising (see Figure 9.6.7).Figure 9.6.7. Area of a Freestanding Sign(5) Multi-Faced SignsThe sign area for a two-sided or multi-faced sign shall be computed by addingtogether the area of all sign faces (see Figure 9.6.8).Figure 9.6.8. Area of a Multi-Faced Sign9.6-17

MUNICIPAL CODE ARTICLE IX – LAND USE9616 9616(6) Flags, Banners, Pennants, etc.Sign area shall be computed as the surface area of both sides of the flag orpennant. For banners, the side(s) containing sign copy shall be counted as signarea (see Figure 9.6.9).Figure 9.6.9. Area of a Flag, Pennant, or Banner(B)Sign height shall be measured as the greatest vertical distance from the finished gradeadjacent to the sign footing or wall or below a suspended sign to the top of the sign,including any support structure and any design element as shown in Figure 9.6.10.Figure 9.6.10. Sign Height(C)Except as otherwise provided by this chapter, copy area shall be measured as defined asshown in Figure 9.6.11.(1) The total copy area shall not exceed seventy-five (75) percent of the sign area.Supplemental sign copy and/or logos on the same sign may constitute no morethan twenty-five (25) percent of the total copy area.9.6-18

MUNICIPAL CODE ARTICLE IX – LAND USE9618 9618.02Figure 9.6.11. Copy AreaSECTION 9618. ON-SITE SIGN REGULATIONS.The following regulations shall apply to all nonexempt on-site signs in each zone. Such signsshall require a sign permit unless otherwise indicated by this chapter. Examples of on-site signsare shown in Figure 9.6.12.Figure 9.6.12. Examples of On-Site SignsSection 9618.02. Signs By Zone.(A)The allowable signs and maximum sign area allowed by zone for on-site signs shall be asidentified in Table 9.6.2 and subject to the following:9.6-19

MUNICIPAL CODE ARTICLE IX – LAND USE9618.02 9618.02(1) The maximum sign area shall be calculated based on the lineal feet of buildingfrontage or as otherwise provided below. A maximum of one (1) building frontageshall be used to determine the total maximum sign area allowed for building signsexcept that two (2) building frontages may be counted for buildings located on lotsor parcels with more than one (1) street frontage. Where a building has multiplefrontages, the City Planner shall determine which frontage shall be used to calculatethe maximum building sign area. The maximum sign area for building signs maybe allocated to any building frontage as determined by the applicant.(2) The maximum sign area allocated for building signs may be distributed allallowable signs as determined by the applicant provided that all signs complywith Section 9618.04, Sign-Specific Requirements.(3) All signs shall comply with Section 9624, Lighting and Design Standards.Table 9.6.2Signs by ZoneZone Signs Allowed Maximum Sign Area aR-1 and R-2 Exempt signs Exempt signs onlyR-3 and R-3-O Exempt SignsTemporary SignsWall SignsM-UH-MO-SPAwning SignsExempt SignsFreestanding SignsHanging SignsMarquee SignsMonument SignsProjecting SignsTemporary SignsWall SignsExempt SignsMonument SignsTemporary SignsWall SignsExempt SignsMonument SignsTemporary SignsAwning SignsExempt SignsFreestanding SignsHanging SignsMarquee SignsMonument SignsProjecting SignsTemporary SignsWall SignsA maximum of twelve (12) square feet in total sign areaper street frontageMulti-family developments shall be subject to therequirements for the R-3 and R-3-O Zones. Commercialuses shall be subject to the requirements for the C-1, C-2,and C-3 Zones.A maximum of one (1) square foot of area for each linealfoot of building frontage. No individual sign shall exceednot to exceed a maximum of thirty (30) square feet. Signsshall not be permitted to face toward a residential zone.One (1) monument sign which shall not exceed twenty(20) square feet of copy area and sixty (60) square feet ofbackground areaThe maximum sign area and height for building andfreestanding signs in a P Zone shall be determined by theCity Planner based on the identification needs of the use,the nature and uses of the surrounding area, and the signrequirements of any adjacent zone(s)9.6-20

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04C-PTable 9.6.2 (continued)Signs by ZoneZone Signs Allowed Maximum Sign Area aExempt SignsMonument SignsTemporary SignsWall SignsC-1, C-2, C-3 Awning SignsExempt SignsFreestanding SignsHanging SignsMarquee SignsMonument SignsProjecting SignsTemporary SignsWall SignsC-MAwning SignsExempt SignsFreestanding SignsHanging SignsMarquee SignsMonument SignsProjecting SignsTemporary SignsWall SignsM-1 and M-2 Awning SignsExempt SignsFreestanding SignsHanging SignsMarquee SignsMonument SignsProjecting SignsTemporary SignsWall SignsNotes:aIndividual signs may have further limits, see Section 9618.04A maximum of one-half (½) square foot of area for eachlineal foot of business frontage, not to exceed a maximumof forty (40) square feet in area.Property under single ownership and having a continuousstreet frontage greater than one hundred fifty (150) feetmay exceed the forty (40) square feet maximum andcompute the permitted area as follows: one and one-half(1.5) times the building setback, plus one-third (1/3) ofthe lineal feet of business frontage.The maximum sign area of all permit signs for eachindividual business shall not exceed two and one-quarter(2.25) square feet of area for each lineal foot of buildingfrontage.The maximum sign area of all permit signs for eachindividual business shall not exceed two and one-quarter(2.25) square feet of area for each lineal foot of buildingfrontage.The maximum sign area of all permit signs for eachindividual business shall be limited to one (1) square footfor each lineal foot of building frontage for the first sixty(60) feet of frontage, plus one (1.0) square foot for eachtwo (2.0) lineal feet of building frontage for the next forty(40) feet of frontage, plus one (1.0) square foot for eachfour (4.0) lineal feet of building frontage for anyadditional frontage greater than one hundred (100) feet.9.6-21

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Section 9618.04. Sign-Specific Requirements.(A) In addition to the maximum sign area requirements established by Section 9618.02above, on-site signs are also subject to the following requirements. Where the provisionsof this subsection conflict with the maximum sign area requirements by zone, thissubsection shall prevail.(1) Freestanding signs, which are sometimes also referred to as pole or pole-mountedsigns, are subject to the requirements of Table 9.6.3. Typical freestanding signsare shown in Figure 9.6.13.Figure 9.6.13. Freestanding SignsTable 9.6.3Requirements for Freestanding SignsStandard(A) Maximum SignArea(B) Maximum Height(C) Vertical Clearance(D) Maximum Numberof Signs(E) MinimumSeparation betweenSignsRequirementWhen abutting a street lot line = forty two (42) square feet;When set back from a street lot line = two and one-half (2.5) times the setbackdistance plus forty-two (42) square feet, with a maximum permitted sign area ofone hundred and fifty-seven (157) square feet.When abutting a street lot line = twenty (20) feetWhen set back from a street lot line = one-half (½) of the setback distance, plustwenty (20) feet with a maximum permitted height of forty-three (43) feetWhen the abutting property to the rear is in a residential zone, the sign shall be ofsuch a height so as not to be visible from the ground floor of any dwelling unit(s)located within said residential zone.When located within the intersection visibility, freestanding signs shall complywith Section 9614.04(F).One (1) per each continuous street frontage that is greater than or equal to onehundred fifty (150) feet in length but not more than two (2).One hundred (100) feet9.6-22

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Table 9.6.3 (continued)Requirements for Freestanding SignsStandard(F) Minimum SetbackRequirements(G) LandscapingRequirements(H) AlternativeRequirements forCorner Lots(I) Changeable CopyRequirementFifty (50) feet from any interior side property line;Seventy five (75) feet from any residential zone.Freestanding signs shall be located in a landscaped planter equal the area of thesign face, but never less than eighty (80) square feet. The sign support structure(s)shall be located a minimum of four (4) feet from two (2) of the curbs of thelandscape planter.In lieu of placement of freestanding signs on each street frontage, a singlefreestanding sign may be permitted to be located at the street intersection, whichsign shall not exceed eighty (80) square feet in area, and a height of twenty-four(24) feet. Sign supports shall be at least five (5) feet away from any property lineand no part of the sign may encroach into the public right-of-way.May not change more than once per hour. Signs shall not rotate, move, or causeuncontrolled direction of lights, flash, reflect, scroll, or blink. No more thantwenty-five (25) percent of the sign area.(2) Marquee signs, which are sometimes also referred to as canopy signs, arepermitted as provided by Table 9.6.4. A typical marquee sign is shown in Figure9.6.14.Table 9.6.4Requirements for Marquee SignsStandard(A) Maximum Sign Area(B) Maximum Sign Copy Area(C) Maximum Height(D) Maximum Height of SignCopy Letters(E) Vertical Clearance(F) Maximum Number of Signs(G) Maximum Projection into thePublic Right-of-wayRequirementOne (1) square foot per lineal foot of building frontageSeventy five (75) percent of sign area;The vertical dimension of the sign copy area shall not exceed four(4) feetSuch signs may not extend above the building façade and in noevent higher than twenty (20) feet.One (1) footEight (8) feet above gradeOne (1) per parcelOne-half (½) of the parkway width9.6-23

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Figure 9.6.14. Marquee Signs(3) Hanging signs are permitted as provided by Table 9.6.5. A typical hanging signis shown in Figure 9.6.15.Table 9.6.5Requirements for Hanging SignsStandard(A) Maximum Sign Area(B) Maximum Sign Copy Area(C) Maximum Height(D) Vertical Clearance(E) Maximum Number of Signs(F) Maximum Projection into thePublic Right-of-wayRequirementFive (5) square feetSeventy-five (75) percent of the sign areaSuch signs shall not extend above the building façade and inno event higher than twenty (20) feet.Eight (8) feet above gradeOne (1) per businessOne-half (½) of the parkway width9.6-24

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Figure 9.6.15. Hanging Sign(4) Monument signs are permitted as provided by Table 9.6.6. Monument signs areshown in Figure 9.6.16. Multi-Tenant Monument Signs are shown in Figure9.6.17Table 9.6.6Requirements for Monument SignsStandard(A) Maximum Sign AreaRequirementOne-third (1/3) square foot per lineal footage of building frontage with aminimum of fifteen (15) square feet of sign area(B) Maximum Sign Copy Area(C) Maximum HeightProperty under one ownership having a continuous street frontage inexcess of one hundred fifty (150) feet and a building setback greater thanthe required setback may compute maximum sign area as follows: one andone-half (1.5) times the building setback, plus one-third (1/3) of the linealfeet of building frontage.Seventy five (75) percent of the sign areaEight (8) feet, unless the sign is within the intersection visibility triangle(see Section No. 9614.04(E) & (F))(D) Maximum Number of Signs One (1) per street frontage(E) Setback Requirements Permitted within the front setback, but not closer than seven (7) feet fromthe street property line(F) Illumination Requirements Internally or indirectly illuminated only(G) Changeable CopyMay not change more than once per hour. Signs shall not rotate, move, orcause uncontrolled direction of lights, flash, reflect, scroll, or blink. Nomore than twenty-five (25) percent of the sign area.9.6-25

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Figure 9.6.16. Monument SignsFigure 9.6.17. Multi-Tenant Monument Signa. The following regulations shall also apply to secondary monument signs:i. In addition to being allowed one (1) monument sign per streetfrontage, a multi-tenant building with a minimum street frontage ofone hundred fifty (150) feet may also display a secondarymonument sign(s) on the same street frontage as provided below.ii.iii.iv.A secondary monument sign shall be separated from any othermonument or freestanding sign by at least seventy-five (75) feet.The secondary monument sign(s) shall reflect a design consistentwith the architectural style of the multi-tenant building.A maximum twenty-five (25) percent of the sign copy area shall bedevoted to identifying the name of the multi-tenant building while9.6-26

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04the remaining copy area shall identify each tenant within thecomplex.v. Secondary monument signs are also subject to the sign area, signcopy, height, setback, and illumination requirements for monumentsigns listed in Table 9.6.6.(5) Projecting signs are permitted as provided by Table 9.6.7. A typical projectingsign is shown in Figure 9.6.18.Table 9.6.7Requirements for Projecting SignsStandard(A) Maximum Sign Area(B) Maximum Sign Copy Area(C) Maximum Height(D) Vertical Clearance(E) Minimum Building Frontage(F) Maximum Number of Signs(G) Maximum Projection(H) Setback RequirementsRequirementFifteen (15) square feetSeventy five (75) percent of the sign areaEqual to or below the height of the building façade to which it isattached, but never higher than twenty (20) feetEight (8) feet above gradeFifty (50) feetOne (1) per businessMinimum ten (10) feet from a side building lineInternally or indirectly illuminated onlyFigure 9.6.18. Projecting Sign(6) Wall signs are permitted as provided by Table 9.6.8. A typical wall sign is shownin Figure 9.6.19.9.6-27

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04Table 9.6.8Requirements for Wall SignsStandard(A) Maximum Sign Area(B) Maximum Sign Copy Area(C) Maximum Number of Signs(D) Maximum Projection(E) Setback Requirements(F) Locational RequirementsRequirementSeventy five (75) percent of the height or length of the building fasciaSeventy five (75) percent of the sign area. Supplemental sign copy and/orlogos on the same sign may constitute no more than twenty-five (25) percentof the copy area. For a channel letter wall sign (see Figure 9.6.20), it mayconstitute no more than twenty-five (25) percent of the sign area.One (1) per street frontageAn individual business with a building frontage in excess of one hundredfifty (150) feet having more than one primary entrance on the same buildingelevation may be permitted one (1) additional wall sign adjacent to theentrance provided the total allowable sign area is not exceeded and anysupplemental text is contiguous.Eighteen (18) inches from the wall to which it is attached. Signs shall notextend beyond the exterior lines of the building façade.Illuminated wall signs shall be a minimum one hundred (100) feet from anyadjacent residential zone.No wall sign shall cover any window or doorway of a building.Figure 9.6.19. Wall SignFigure 9.6.20. Channel Letter SignFigure 9.6.19. Wall SignFigure 9.6.20. Channel Letter Signa. The following regulations shall also apply to wall signs:i. Signs located on the façade or façade fascia of a building orstructure shall be considered wall signs.ii.Primary Wall Sign – The primary wall sign shall be considered themain wall sign of the building. The frontage it is located on shall9.6-28

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04have a main building entrance and must side onto either a street orparking area.iii.iv.Secondary Wall Sign – A secondary wall sign not exceeding onehalf(½) the allowable area of the primary wall sign may beestablished on a second frontage, provided that the frontage sidesonto either a street, required off-street parking on the same lot, or adriveway with access to required off-street parking. The secondarywall sign shall not exceed the area of the primary wall sign.Building frontages in excess of one hundred fifty (150) feet maydivide the supplemental sign copy portion of the primary wall signto a maximum four (4) sign areas on the same building elevation,provided that the supplemental sign copy portions do not exceedtwenty-five (25) percent of all signing on the building elevation,and the combined area of all signs on the building elevation doesnot exceed the maximum allowable area of the primary wall sign.v. Wall signs may be located on a mansard or parapet, provided thesign does not exceed the height of the mansard or parapet (seeFigure 9.6.21). Such signs shall be architecturally integrated withthe roof.Figure 9.6.21. Wall Sign Located on a Parapet9.6-29

MUNICIPAL CODE ARTICLE IX – LAND USE9618.04 9618.04vi.Businesses above the ground floor or not fronting the public rightof-wayor a parking area may be listed on a single directory panellocated on the wall of the building facing the street which shall notexceed two (2) square feet in area per business or a maximumcombined area for all businesses of thirty (30) square feet in area.This sign area shall be in addition to the overall sign areapermitted. See Figure 9.6.22.Figure 9.6.22. Multi-Tenant Wall Sign(7) Awning signs are permitted as provided by Table 9.6.10. A typical awning signis illustrated in Figure 9.6.23.Table 9.6.10Requirements for Awning SignsStandard(A) Maximum Sign Area(B) Maximum Sign Copy Area(C) Maximum Number of Signs(D) Maximum Height(E) Minimum Vertical Clearance(F) Maximum ProjectionRequirementSixty (60) percent of the length or height of any portion of anawning. The limitation on sign area shall apply to each portion ofthe valance of an awning (including the shed, ends, and flap) asshown in Figure 9.6.24.Seventy-five (75) percent of the sign area.No additional requirement beyond compliance with the applicablesign area requirements.Awnings shall not project above an apparent eave or parapetincluding the eave of a mansard roof.Eight (8) feet above grade.Five (5) feet into a public right-of-way.9.6-30

MUNICIPAL CODE ARTICLE IX – LAND USE9618.06 9618.06Figure 9.6.23. Awning Signa. The following additional standards shall also apply to awning signs:i. Awning signs with backlit graphics or otherwise internallyilluminated is not permitted. Lighting directed downward thatdoes not illuminate an awning may be allowed if the lighting iscomplementary to and compatible with the architectural design ofthe building.ii.iii.Awnings or canopies shall be permanently attached to a building.Awnings without sign area or copy are not subject to the issuanceof a sign permit.Section 9618.06. Special Events and Temporary Signs.(A)(B)Temporary signs, banners, flags, pennants, decorations, and other advertising devices thatdo not advertise a specific product or service are permitted if subject to approval of aSpecial Event Permit from the City Planner as described in Section 9420. Theapplication shall include the type and size of sign, display dates, and their location inaddition to the other requirements of the Special Event Permit. The sign area oftemporary signs shall be a maximum of one hundred and fifty (150) percent of thepermitted sign area within the applicable zone provided that the temporary signage doesnot create any safety hazards or impede the view of a sign of any other establishment.Nothing in this section contained shall prevent the Council from granting a temporaryspecial permit or otherwise permitting, on such terms as it may deem proper, signs (or thelike) advertising or pertaining to any civic, patriotic, or special event of general publicinterest taking place within the boundaries of the City when it can be found that the same9.6-31

MUNICIPAL CODE ARTICLE IX – LAND USE9618.06 9618.06will not be materially detrimental to the public welfare, interests, or safety or injurious toany abutting property.(C)Additional standards apply to the following specific temporary signs:(1) Decorative Balloon Displaysa. Shall be constructed of nonmetallic balloons no larger than twelve (12)inches in diameter.b. Maximum height of any balloon display shall not exceed forty (40) feetabove adjacent grade.c. Shall not obstruct visibility for vehicular traffic.d. Shall be anchored in such a way as to prohibit interference with vehicularor pedestrian traffic.e. Shall not be displayed on or within any vehicles.f. Decorative balloon displays are allowed only on Fridays, Saturdays,Sundays and holidays.g. No permits or fees are required.(2) Ground or Roof-Mounted Balloons or Inflatablesa. Maximum height of balloon/inflatable is not to exceed forty (40) feet.b. Height of mounted balloon/inflatable is not to exceed seventy-five (75)feet above adjacent grade.c. Illumination of balloon/inflatable is permitted except for moving orflashing lights.d. Placement of balloon shall not obstruct vehicular traffic visibility.e. Maximum of one (1) balloon/inflatable may be displayed at any time.f. Display periods are limited to a maximum of thirty (30) days per calendaryear.g. No fee is required if permit is obtained prior to the balloon/inflatable beingdisplayed. A late fee as established by resolution of the Council will be9.6-32

MUNICIPAL CODE ARTICLE IX – LAND USE9618.06 9618.06assessed if a balloon/inflatable is displayed without a permit. Arefundable deposit as established by resolution of the Council will berequired to insure the timely removal of the balloon/inflatable. If theballoon/inflatable is not removed at the end of the permitted time periodthe deposit will be forfeited.(3) Tethered Balloons or Inflatablesa. Size is not to exceed three hundred (300) cubic feet.b. Flying height is not to exceed one hundred twenty-five (125) feetmaximum above adjacent grade.c. Illumination of balloons is permitted except for moving or flashing lights.d. A red or white beacon light must be mounted on the highest point of theballoon/inflatable. The beacon light must be activated from sundown tosunrise.e. Maximum of one (1) balloon/inflatable may be displayed at any time.f. Display periods are limited to a maximum of thirty (30) days per calendaryear.g. No fee is required if permit is obtained prior to the balloon/inflatable beingdisplayed. A late fee as established by resolution of the Council will beassessed if a balloon/inflatable is displayed without a permit. Arefundable deposit as established by resolution of the City Council will berequired to insure the timely removal of the balloon/inflatable. If theballoon inflatable is not removed at the end of the permitted time periodthe deposit will be forfeited.(4) Flags, Pennants, and Streamersa. Shall not encroach on or above the public right-of-way nor be attached topublic utility poles.b. Shall not interfere with vehicular traffic visibility.c. Shall not be displayed on or within any vehicles.d. Display periods shall be limited to a maximum of four (4) thirty (30) daydisplay periods per calendar year. Each display period shall be separatedby a minimum of thirty (30) days.9.6-33

MUNICIPAL CODE ARTICLE IX – LAND USE9618.06 9618.06e. No fee is required for the permit if obtained prior to the flags, pennantsand streamers being displayed. A late fee as established by resolution ofthe Council will be assessed if flags, pennants and streamers are displayedwithout a permit. A refundable deposit as established by resolution of theCouncil will be required to insure the timely removal of the flags,pennants and streamers. If flags, pennants and streamers are not removedat the end of the permitted time period the deposit will be forfeited.(5) Searchlights, Lasers and Similar Devicesa. Shall not be placed within one hundred (100) feet of a residential zone.b. Shall be operated only from sunset to midnight.c. Permits may be granted for a maximum period of twelve (12) days percalendar year within a thirty (30) day period. No more than three (3)consecutive days will be permitted.d. Prior to the approval of a permit involving a laser, the applicant mustprovide evidence to the Planning Division of issuance of a Food and DrugAdministration (FDA) “Variance” and a Federal Aviation Administration(FAA) “Letter of Non-objection.”(6) Bannersa. Maximum size is limited to thirty-two (32) square feet.b. Maximum height of any building-mounted banner shall not be higher thanthe roof line.d. Maximum height of a ground-mounted banner shall not exceed six (6) feetabove grade.e. When displayed within or on a window will be subject only to windowsign rules.f. Shall not be displayed on or within any vehicles.g. Maximum of two (2) banners may be displayed at any time.h. Display periods shall be limited to a maximum of four (4), thirty (30) daydisplay periods per calendar year. Each display period shall be separatedby a minimum of thirty (30) days.9.6-34

MUNICIPAL CODE ARTICLE IX – LAND USE9618.06 9618.06i. No fee is required if the permit is obtained prior to the banner beingdisplayed. A late fee as established by resolution of the Council will beassessed if a banner is displayed without a permit. A refundable deposit asestablished by resolution of the Council will be required to insure thetimely removal of the banner. If the banner is not removed at the end ofthe permitted time period, the deposit will be forfeited.(7) Window Signsa. Placement of temporary window signs is limited to a thirty (30) percentpermit maximum for all window areas on the front face of the building,not to exceed thirty (30) percent in any one window, provided that thetotal area of window areas used for signing and all other permitted signstogether do not exceed the total allowable sign area of the applicable zonefor the business.b. Any portion of a sign located within thirty-six (36) inches of a windowwill be considered a window sign.c. Display periods shall be limited to a maximum of four (4), thirty (30) daydisplay periods per calendar year. Each display period shall be separatedby a minimum of thirty (30) daysd. Temporary window signs and changeable copy window signs may not besimultaneously displayed on or within the same building frontage.e. No fee is required if the permit is obtained prior to the window sign beingdisplayed. A late fee as established by resolution of the Council will beassessed if a window sign is displayed without a permit. A refundabledeposit as established by resolution of the Council will be required toinsure the timely removal of the window sign. If the window sign is notremoved at the end of the permitted time period the deposit will beforfeited.(8) Civic, Charitable, Religious, Education, or Service Organization Event Signsa. Includes signs and banners for the noncommercial promotion of events puton by civic, charitable, religious, education and service organizations.b. Maximum size is limited to sixteen (16) square feet in any Residential,Open Space or Public Zone and thirty-two (32) square feet in any otherzone.9.6-35

MUNICIPAL CODE ARTICLE IX – LAND USE9620 9620.04c. Such signs are permitted a maximum of thirty (30) days prior to the eventand shall be removed within ten (10) days of completion of the event.d. Signs promoting the same event shall be spaced by a minimum of twentyfive(25) feet apart.e. No fee is required if the permit is obtained prior to such signs beingdisplayed. A late fee as established by resolution of the Council will beassessed if such signs are displayed without a permit. A refundabledeposit as established by resolution of the Council will be required toinsure the timely removal of such signs as specified in subsection c. Ifsuch signs are not removed at the end of the permitted time period thedeposit will be forfeited.SECTION 9620. ADDITIONAL SIGN STANDARDS FOR SPECIFIC USES.Where sign standards for specific uses are not set forth in this section, the standards of thischapter and the underlying zone shall apply. In instances where the provisions of this sectionconflict with those established elsewhere in this chapter or article, the provisions of this sectionshall prevail.Section 9620.02. Automobile Dealership Signs.The total of all signs shall not exceed one (1) square foot of sign area for each lineal foot of streetfrontage or two and one-quarter (2¼) square feet of sign area for each lineal foot of buildingfrontage, whichever is greater. A sign may be located on a fence not closer than one hundred(100) feet to the public right-of-way. Window price signs on individual cars shall not becomputed as sign area. Auto dealers’ used car signs and service signs where number, locationand height vary from the requirements of this chapter may be permitted if approved by theCommission.Section 9620.04. Churches.Churches are permitted one (1) of each of the following signs:(A)(B)A wall sign with a maximum sign area of twenty (20) square feet; andA monument sign which shall not exceed a maximum sign area of fifteen (15) squarefeet, a maximum height of six (6) feet, and a minimum setback of seven (7) feet from astreet property line. Changeable copy is permitted subject to the following:(1) Changeable copy shall not change more than once per hour;9.6-36

MUNICIPAL CODE ARTICLE IX – LAND USE9620.06 9620.10(2) Changeable copy shall not rotate, move, or cause uncontrolled direction of lights,flash, reflect, scroll, or blink; and(3) Changeable copy shall be no more than twenty-five (25) percent of the sign area.Section 9620.06. Drive-in Business Signs.Signs applicable to drive-in businesses (excepting service stations) shall be regulated as follows:(A)(B)(C)One (1) freestanding sign may be located on the premises in conformance with therequirements of this chapter.Additionally, one (1) wall sign may be permitted which shall not exceed one (1) squarefoot of area for each lineal front frontage of the building.Both signs allowed subject to (A) and (B) of this section shall be included in thecomputation of the total allowable sign area.Section 9620.08. Signs Near Freeways.Notwithstanding any other provision of this chapter, signs erected on any lot within five hundred(500) feet of either side of a freeway right-of-way line shall comply with the following:(A)(B)(C)(D)(E)(F)Signs which advertise the sale or lease of the lot upon which such sign is placed;Signs which only designate the name of the owner or occupant of the lot or identifyingsuch premises;Signs limited to an advertisement of the business conducted, services rendered, or goodsproduced upon the lot on which the sign is located;Signs located such that the content displayed is not designed to be viewed primarily bypersons traveling upon such freeway;Prior to placing any permanent sign for commercial or industrial purposes within fivehundred (500) feet of either side of the right-of-way line of any freeway, a plan shall befiled with, and approved by the City Planner showing the location and orientation of thesign or advertising structure and the location of the business or industrial use beingserved; andAny advertising structure or sign which is now, or hereafter may be, in violation of theprovisions of this section shall be removed in accordance with the amortization scheduleof this chapter.Section 9620.10. Mobile Home/Manufactured Home Parks Signs.Mobile homes/manufactured home parks are allowed one (1) of the following signs:9.6-37

MUNICIPAL CODE ARTICLE IX – LAND USE9620.12 9620.14(A)(B)One (1) freestanding sign which shall not exceed a maximum height of six (6) feet or amaximum sign area of twelve (12) square feet; orOne (1) monument sign which shall not exceed twelve (12) square feet of sign copy areaor a maximum height of more than five (5) feet above the finished grade.Section 9620.12. Service Station Signs.Service station signs shall be permitted as follows:(A)(B)(C)(D)(E)One (1) freestanding sign may be located at the street intersection, which sign shall notexceed (60) square feet in area, and a height of twenty-four (24) feet; orOne (1) sign not exceeding thirty (30) square feet or a height of twenty (20) feet may beerected on each street frontage not closer than sixty (60) feet to the street intersection ofthe property lines; orOne monument sign not exceeding fifty (50) square feet and a height of seven (7) feet.In addition to the freestanding or monument sign, service stations may be permitted amaximum of fifty-two (52) square feet in total sign area logo, gasoline price, tradingstamp, and credit card information. An identification wall sign may be permitted onpump island canopy façade fascia or mounted beneath the canopy on the support column,provided the vertical height of the sign does not exceed two (2) feet.For Gasoline Price Signs, State law (Article 12, California Business and ProfessionalCodes, Sections 13530-45) requires that the prices for the three (3) major grades ofgasoline must be clearly posted in numbers a minimum of six (6) inches in height andletters a minimum of four (4) inches in height or two-thirds (2/3) the height of the letters.Sign area used to comply with this requirement shall not be computed towards the totalallowable sign area for a service station.Section 9620.14. Large Commercial Center Signs.For purposes of this section a large commercial center is defined as a contiguous commerciallyzoned development greater than or equal to twenty (20) acres. Large commercial centers aresubject to the following sign standards:(A)(B)A Planned Sign Program identifying the type, size, and location of all signs in the projectshall be approved by the Commission in accordance with the applicable zone.In addition, a large commercial center located in the C-2 or C-3 Zones shall be permittedone (1) freestanding sign for each public right-of-way within or abutting the center.9.6-38

MUNICIPAL CODE ARTICLE IX – LAND USE9620.16 9622(C)The maximum sign area for a large commercial center shall not exceed one (1) squarefoot of sign area per lineal foot of property frontage along the public right-of-way for thefirst one hundred (100) lineal feet plus one (1) additional square foot of sign area for eachadditional two (2) lineal feet of property frontage along the public right-of-way.However, the maximum sign area for a large commercial center shall never exceed twohundred (200) square feet.Section 9620.16. Theater Signs.Theaters may erect marquee, projecting, wall, or changeable copy sign signs so long as the totalsquare footage of all sign area does not exceed three hundred (300) square feet.SECTION 9622. BILLBOARDS (OFF-SITE SIGNS).The following provisions shall establish the standards of development for billboard signs wherepermitted:(A)Location(1) Billboard signs shall only be permitted in the M-1 and M-2 Zones subject toapproval of a Conditional Use Permit.(2) No new installation shall be erected within five hundred (500) feet of an existingoff-premises sign fronting on the same street.(3) Billboard signs shall not be located within two hundred (200) feet of any streetintersection.(4) Billboard signs shall not be erected at any location on any street within threehundred (300) feet of any property having frontage on such street zoned forresidential purposes or which is devoted to public or quasi-public recreational,educational, religious, cultural, or administrative uses.(5) Billboard signs shall not be located closer than twenty-five (25) feet to buildingson an adjoining property, and at such time as any new buildings are constructedon such adjoining property where an outdoor advertising display would be withintwenty-five (25) feet of the building, such display will become nonconforming,except where such display is located abutting any wall which has no windowopenings.(6) No sign shall be erected or maintained on the premises where the residential usescomprise over fifty (50) percent of the premises.9.6-39

MUNICIPAL CODE ARTICLE IX – LAND USE9624 9624(7) Billboard signs shall be set back not less than twenty (20) feet from the streetproperty line.(8) Billboard signs shall be located in such a manner that they do not interfere withthe rights of other neighboring uses of property.(B)Standards(1) Billboard signs shall not exceed three hundred (300) square feet in area.(2) Billboard signs shall be ground installed with not more than two (2) steelsupports, designed in conformance with Subsection (f) of Section 9624. No roofmounted billboards shall be permitted.(3) Billboard signs shall not exceed a maximum height of thirty-five (35) feet.(4) Signs that do not have advertising copy for a period of forty-five (45) days shallbe removed.(5) Billboard signs shall be maintained in conformance with Subsection (f) of Section9608 of this chapter.(6) Billboard signs shall be subject to the landscaping requirements for freestandingsigns established by Table 9.6.3 of Section 9618.04.(7) The exposed lack of off-premises advertising structures that may be readilyviewed from a public street or residential zone shall be screened in an opaquemanner approved by the City Planner.(8) Billboard structures shall be freestanding.SECTION 9624. LIGHTING AND DESIGN STANDARDS.Lighting employed as a means of attracting attention to any sign shall be subdued and subject tothe following provisions:(A)(B)All lighting directed onto the exterior surface of a sign shall be provided with opaquedeflection or shielding devices to prevent such lighting from glaring or shining ontoabutting properties or the public right-of-way.Interior illuminated signs shall not exceed four hundred thirty (430) milliamperes, twelve(12) inches on center. Sections of signs using colored panels having low lighttransmission may have those panels illuminated with increased lighting equal to eighthundred (800) milliampere intensity when certified by the installing sign manufacturer.9.6-40

MUNICIPAL CODE ARTICLE IX – LAND USE9626 9626(C)(D)Sign design shall consist of a series of compatible elements including but not limited tothe materials, letter style, color(s), illumination, and sign shape.Signs shall be an integral part of the overall design of the building structure andcompatible with the design and scale of the buildings that they identify.(E)(F)Supporting sign structures shall be architecturally compatible with the signs they supportand the structure(s) on the premises on which they are displayed in terms of style, color,texture, and exterior finish. Supporting members of signs shall appear to be free of anyextra bracing, angle iron, guy wires, and the like. The support shall appear to be anarchitectural and integral part of the building and/or sign. Supporting columns of round,square, or shaped steel members may be erected if required bracing, visible to the public,is minimized or covered to the satisfaction of the City Planner.The City Planner’s approval of sign supporting structures shall be governed by the extentto which the sign supporting structures reasonably comply with this section.SECTION 9626. ENFORCEMENT.(A)Compliance, Nuisances, AbatementTo protect the public health, safety, and welfare, all signs within the City shall beconstructed or erected subject to the provisions of this chapter. All signs and advertisingstructures constructed prior to [effective date of this article], which do not comply withthis chapter, are declared public nuisances and shall be abated in the manner provided bythis chapter.(B)Nonconforming SignsAny sign constructed or erected prior to the effective date of this chapter, which wasvalid at the time of its erection or construction, but which does not conform to the9.6-41

MUNICIPAL CODE ARTICLE IX – LAND USE9626 9626requirements of this chapter, shall either be removed or brought into conformity with theprovisions of this chapter within the period of time prescribed in this section, dating fromthe effective date of this chapter.(C)Nonconforming and Illegal Signs: Conformance Procedures.(1) Nonconforming signs may not be:a. Changed or altered to another nonconforming sign;b. Structurally altered so as to extend their useful life;c. Expanded;d. Reestablished after discontinuance for ninety (90) days or more; ore. Repaired when the repairs exceed fifty (50) percent of the reasonablereplacement value of the existing sign or support structure, unless theyshall be made to conform to the requirements of this chapter.(2) All illegal signs shall be removed or made to conform to this chapter within thirty(30) days.(3) All signs made nonconforming by the adoption of this chapter shall either beremoved or brought up to Code requirements within the period of time prescribedin Schedule 1 or Schedule 2, which ever is applicable, as follows:a. Schedule 1:Type of SignNon professional painted signs, banners, andtemporary signsPainted signs and flashing, blinking, or movingsigns otherwise conformingPeriod for Removal3 months6 monthsb. Schedule 2: Signs and billboards having a replacement value as follows:Replacement ValueSign and StructureLess than $500.001 year$500.00 - $1,000.00 3 years$1,000.00 - $3,000.00 5 years$3,000.00 - $6,000.00 7 years$6,000.00 and over 9 years9.6-42

MUNICIPAL CODE ARTICLE IX – LAND USE9626 9626(D)The City Planner or his authorized representative shall not permit and shall abate any signwithin the City which fails to meet the requirements of this article or other applicablelaws, by including but not limited to failure to obtain a sign permit, creating a publichazard, abandonment, having been amortized under this section.9.6-43

MUNICIPAL CODE ARTICLE IX – LAND USE9626 9626This page intentionally left blank.9.6-44

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 7PARKING

MUNICIPAL CODE ARTICLE IX – LAND USE9702 9704CHAPTER 7 – PARKINGCHAPTER CONTENTSSECTION 9702. INTENT AND PURPOSE.SECTION 9704. APPLICABILITY.SECTION 9706. DESIGN STANDARDS.SECTION 9708. RESIDENTIAL OFF-STREET PARKING REQUIREMENTS.SECTION 9710. RESIDENTIAL PARKING DESIGN STANDARDS.SECTION 9712. NONRESIDENTIAL PARKING REQUIREMENTS.SECTION 9714. NONRESIDENTIAL PARKING DESIGN STANDARDS.SECTION 9716. OFF-STREET LOADING SPACES.SECTION 9718. IMPROVEMENT OF PARKING AREAS.SECTION 9720. PARKING ASSESSMENT DISTRICTS.SECTION 9722. ATTENDANT/VALET PARKING.SECTION 9724. JOINT USE PARKING.SECTION 9726. OFF-SITE PARKING FACILITIES.SECTION 9728. MISCELLANEOUS REQUIREMENTS.SECTION 9702. INTENT AND PURPOSE.These regulations are established to provide for off-street parking of motor vehicles related to thevarious land uses permitted in the City. Such uses generate vehicular traffic according to theirspecific characteristics and thus require differing amounts of off-street parking and loading areas.The purpose of these regulations is to ensure properly designed parking areas with adequatenumbers of parking spaces in order to reduce traffic congestion, promote business, and enhancesafety.SECTION 9704. APPLICABILITY.Any building or structure and any use of land shall be required to provide and permanentlymaintain off-street parking and loading facilities in accordance with the provisions of thischapter. Every lot shall have off-street parking spaces sufficient to provide for the uses of theproperty, including employee, customer, client, and supplier parking and loading needs createdby the use maintained, and such automobile parking space and such loading space shall beprovided, maintained, developed, and used as required by this article.9.7-1

MUNICIPAL CODE ARTICLE IX – LAND USE9706 9706.02SECTION 9706. DESIGN STANDARDS.Section 9706.02. General Application to All Zones.(A)General StandardsAll parking areas shall be improved and maintained to the standards of the City withregard to:(1) Ease of access(2) Grading and drainage(3) Surfacing(4) Parking stall layout and markings(5) Curbs, barriers, and wheel stops(6) Directional signs(B)Parking Space DimensionsUnless otherwise noted in Table 9.7.1 the minimum size of regular required parkingspaces shall be a width of nine (9) feet and a length of twenty (20) feet.Angle ofParking(degrees)Table 9.7.1Parking SpacesStall DepthDriveway WidthStall Width(feet/ One-Way(feet/ inches)inches) (feet/ inches)0 24'0" 10'0" 12'0" 25'0"30 9'0" 20'0" 15'0" 25'0"45 9'0" 20'0" 15'0" 25'0"Two-Way (feet/inches)60 9'0" 21'10" 18'0" 25'0"90 9'0" 20'0" 24'0" 30'0"(C)Parking Layout and Design(1) The design standards identified in Table 9.7.1 shall apply to all off-street parkingareas unless otherwise noted within this section.9.7-2

MUNICIPAL CODE ARTICLE IX – LAND USE9706.02 9706.02(2) The City may require additional depth of base material and thickness of surfacingin portions of parking areas or driveways intended for use by heavy vehicles, suchas by trash trucks or large delivery trucks.(3) Parking areas having more than one aisle shall be designed so that a car need notenter the street to reach another aisle within the same parking area.(4) A suitable turnaround area shall be provided in all zones, including approvedSecond Unit Developments, so that vehicles shall enter the street in a forwardmanner, except on property in the R-1 Zone developed with a single-familydwelling and on property in the R-2 Zone developed with no more than two (2)dwellings.(5) Attached or detached garages taking access from a side street or alley shallmaintain a setback of at least twenty (20) feet from the street property line ortwenty-six (26) feet from the opposite side of the alley.(6) In all zones, except the R-1 and R-2 Zones, all parking areas shall be landscapedin compliance with Section 9520.04.(7) Concrete curbs shall be provided along the perimeter of the parking area to ensurethat no portion of the vehicles parked on the premises shall extend over theproperty line into the street right-of-way and to protect the required landscapeareas, walls, and fences. A vehicle overhang of two (2) feet into a landscapeplanter area may be allowed and included in satisfying the depth of a parkingspace if the landscape planter is expanded by two (2) feet in depth toaccommodate the overhang without negatively impacting the landscaping.(8) Except as hereinafter provided, required parking shall be located on the same siteas building or use they are required to serve. Property within the ultimate rightof-wayof a street or highway shall not be used to provide required parking orloading spaces.(9) Where a parking area of five (5) or more spaces is established within or adjacentto a residential zone, a six (6) foot high solid fence or wall shall be constructedand maintained between said parking area and the rear and/or interior sideproperty line which abuts the residentially zoned property. Said fence or wall isto be reduced to three (3) feet in height within any corner cutback area and withinthe front yard area of the adjacent residential zones.(10) All outdoor lights within parking areas shall be hooded and arranged to reflectlight away from adjacent property and streets.9.7-3

MUNICIPAL CODE ARTICLE IX – LAND USE9708 9708(11) All parking spaces shall be maintained free of debris and in good operatingcondition for the duration of the use requiring such parking, and shall be usedexclusively for the parking of vehicles. Parking facilities shall not be used for thestorage of merchandise, or for the storage or repair of vehicles or equipment.SECTION 9708. RESIDENTIAL OFF-STREET PARKING REQUIREMENTS.The following number of parking spaces shall be provided and thereafter maintained for allbuildings and uses established within the City (Table 9.7.2). After computing the requirednumber of parking spaces, any fraction shall be rounded up to the next whole number.Table 9.7.2Residential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsApartments, condominiums,duplexes, lofts, townhouses,and other multi-familydwelling unitsConversion of buildings tomultiple ownershipMobile home/manufacturedhome parksSecond unit developmentsSenior citizen housingdevelopmentSingle-family dwellings(detached)2.0 covered spaces within a garage ; plus0.5 guest parking space per unitN/A Subject to Section 95102 per dwelling unit (tandem allowed); plus1 per 6 dwelling units used for guestparking; plus1 per 10 dwelling units used for recreationcenter parking2.0 covered spaces within a garage1 per dwelling unit, plus 0.25 per unit forguest parking2.0 covered spaces within a garage fordwelling units with 2,999 or less squarefeet of habitable space3.0 covered spaces within a garage fordwelling units between 3,000 and 4,999square feet of habitable space4.0 covered spaces within a garage fordwelling units with 5,000 or greater squarefeet of habitable spaceSubject to Section 94189.7-4

MUNICIPAL CODE ARTICLE IX – LAND USE9710 9710.02SECTION 9710. RESIDENTIAL PARKING DESIGN STANDARDS.Section 9710.02. R-1 and R-2 Zone Design Standards.(A)The minimum required dimension of a parking space shall be ten (10) feet wide bytwenty (20) feet in depth; with a two (2) car garage having a minimum interiormeasurement of twenty (20) feet wide and twenty (20) feet in depth.Tandem parking spaces within the enclosed garage may be allowed provided the tandemspace is in excess of the two (2) car garage minimum requirement.(B)(C)(D)(E)Driveways to required garages having a setback from the street property line greater thanthirty (30) feet shall have a minimum width of ten (10) feet and a maximum width oftwelve (12) feet in the front or street side setback area. Driveways located outside of thesetback area, shall be a minimum of ten (10) feet wide.Where required garage spaces are closer than thirty (30) feet to the property line, themaximum width of a driveway shall not exceed eighteen (18) feet or two (2) feet widerthan the opening of the garage door, whichever is greater, but in no event shall themaximum width exceed thirty (30) feet at the front property line.In the R-2 Zone, not more thantwo (2) parking stalls shall bepermitted which open onto thefront setback area.A driveway that serves asrequired access to a garage, inwhich the garage door is notparallel to the front propertyline, or side property line in thecase of a corner lot, shall notexceed twelve (12) feet inwidth at the property line.(F) Not more than one (1)driveway shall be permitted foreach lot or parcel of land,except as follows:(1) Parcels or lots having astreet frontage ofseventy (70) feet ormore may be permittedFigure 9.7.1. Circular Driveways9.7-5

MUNICIPAL CODE ARTICLE IX – LAND USE9710.04 9710.04to have two (2) driveway openings, both the primary and secondary drivewayopenings shall serve the same driveway, and such secondary driveway shall notexceed ten (10) feet in width in the setback area. The space between drivewayson the same lot shall be at least twenty-four (24) feet at the street property line.That portion of the connecting driveway parallel to the street property line shallhave a setback of twenty (20) feet (see Figure 9.7.1).(2) A secondary driveway for access to a recreational vehicle storage pad may beapproved by the Commission. The recreational vehicle storage pad shall belocated outside all required front, side, and street side setbacks and shall besetback a minimum of five (5) feet from any door and/or window of a habitablestructure. The secondary driveway that is within the front or street side setbackshall be a ribbon strip design or paved with turf block, and shall be permanentlymaintained to City standards.(G)(H)(I)(J)A back up triangle on the garage sideclosest to the residence shall be required asdepicted in Figure 9.7.2. The sight areashall be free from visual and physicalobstructions.The use of all driveways shall be limited tothe temporary parking (less than seventytwo(72) hours) of motor vehicles only.A lot or parcel having a frontage less thanfifty (50) feet at the street property lineshall not have a driveway exceeding thewidth of a two (2) car garage or carportopening. In no event shall the drivewayand walkway combined width exceedeighteen (18) feet at the street propertyline.When a driveway and walkway are parallelto each other, there shall be a minimum two(2) foot separation between the drivewayand walkway. Said separation shall belandscaped.Figure 9.7.2. Garage Back Up TriangleSection 9710.04. R-3 Zone Design Standards.(A)The minimum required dimension of a parking space shall be ten (10) feet wide bytwenty (20) feet in depth; with a two (2) car garage or carport having a minimum interiormeasurement of twenty (20) feet wide and twenty (20) feet in depth.9.7-6

MUNICIPAL CODE ARTICLE IX – LAND USE9712 9712(B)(C)(D)(E)(F)(G)Access to garages, carports, or automobile parking areas required by this section whichserve eight (8) or less multiple dwelling units shall have an unobstructed paved drivewaynot less than ten (10) feet in width.Access to garages, carports, or automobile parking areas required by this section whichserve nine (9) or more multiple dwelling units shall have an unobstructed paved drivewaynot less than twelve (12) feet in width for one (1) way only driveways and twenty (20)feet in width for two (2) way driveways.All parking spaces in the R-3 Zone and condominium/townhouse developments shall bescreened from street traffic by a decorative masonry wall not less than five (5) feet inheight nor more than seven (7) feet in height above the finished grade, and such wallsshall not be permitted directly adjacent to a required building setback area.Any development in an R-3 Zone containing security gates must provide the security gateat sufficient distance from the public right-of-way such that cars entering and exiting thefacility do not impede traffic flow. Security gates may not encroach into the setback areaand the driveway design must allow for stacking of two vehicles (at least forty [40] feet)outside of the public right-of-way.A lot or parcel having a frontage less than fifty (50) feet at the street property line shallnot have a driveway exceeding the width of a two (2) car garage or carport opening. Inno event shall the driveway and walkway combined width exceed eighteen (18) feet atthe street property line.Tandem parking (cars lined up one behind the other) may be provided. Tandem parkingspaces shall be a minimum of ten (10) feet in width by thirty-five (35) feet in length, anda maximum of twelve (12) feet in width and forty-two (42) feet in length. The tandemparking spaces shall be assigned to the same dwelling unit.SECTION 9712. NONRESIDENTIAL PARKING REQUIREMENTS.The following number of parking spaces shall be provided and thereafter maintained for allbuildings and uses established within the City (Table 9.7.3). After computing the requirednumber of parking spaces, any fraction shall be rounded up to the next whole number. In theevent a business has multiple uses, or multiple businesses occupy the same building or lot, thetotal requirements for off-street parking and off-street loading spaces shall be the sum of therequirements of the various uses computed separately. Joint use parking may also be allowedsubject to the provisions of Section 9724.9.7-7

MUNICIPAL CODE ARTICLE IX – LAND USE9712 9712Table 9.7.3Nonresidential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsAmusement/Recreational FacilitiesArcades and game centersBatting cagesBilliard/pool hallsBowling alleysGolf course and/or driving rangeGymnasiums, health clubsLaser tagMiniature golfParks, public or privateRecreational vehicle (RV) park orcampgroundSkating rinksSwimming pool, commercial/public1 per every 400 square feet of gross floorarea3 per cage2 per billiard table; plusAdditional spaces for the balance of thebuilding, calculated according to use5 per alley; plus2 per billiard table; plus1 per 5 seats in any gallery; plusAdditional spaces for the balance of thebuilding, calculated according to use6 per hole; plus1 per tee for a driving range1 per 300 square feet of gross floor area1 per 200 square feet of gross floor area3 per hole, plus established parkingrequirements for associated uses such asarcades, batting cages, and game centerswhere provided1 per 8,000 square feet of active recreationarea; plus1 per acre of passive recreation area1 per RV or camp space; plus1 per 20 RV or camp spaces for guests orrecreation center parking; plus6 for registration parking which shall be aminimum of 10 feet by 30 feet in size; plus1 per 250 square feet of office gross floorarea1 per 250 square feet of gross floor area1 per each 100 square feet of pool surfaceareas, not including wading pools or spas3 per courtTennis and other sports courtsAutomobile and Other Vehicle Sales, Services, and EquipmentAutomobile repair3 per bay; plusAdditional spaces for the balance of thebuilding, calculated according to use9.7-8

MUNICIPAL CODE ARTICLE IX – LAND USE9712 9712Table 9.7.3 (continued)Nonresidential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsAutomobile sales – usedOne (1) space for each one thousand(1,000) square feet of showroom area(indoor or outdoor), one (1) space for eachthree hundred fifty (350) square feet ofoffice area, with a minimum of six (6)parking spaces reserved exclusively forcustomers provided regardless ofshowroom area; and if auto repair isapproved for the site, three (3) spaces foreach service bay shall be providedAutomobile sales – new1 space per 400 square feet of floor area forshowroom and office, plus 1 space per2,000 square feet of exterior display areaand requirements for automobile repairwhere applicable, plus 1 space per 300square feet for the parts department.Car wash, full service1 per 200 square feet of car wash tunnelarea; plusQueue space of at least 160 (6 entry spaces;2 exits) feet for each car wash tunnel, ifprovidedCar wash, self service2 spaces per wash bay/stall; plusqueue space of at least 60 (2 entry spaces; 1exit) feet for each wash bay/stallService stations1 per 300 square feet of gross floor area,plusQueue space of at least 60 feet for each carwash tunnel (2 entry spaces, 1 exit), ifThe space at each gasolinepump shall not counttowards meeting theserequirements.provided; plus1 per each air, water, vacuum, andtelephone facility provided.Financial, Professional Services and Office UsesFinancial offices, banks, and otherfinancial institutionsMedical, dental, and veterinaryoffices and clinicsProfessional, business, and otheroffices not listedGeneral Commercial UsesAssembly uses not listed1 per 250 square feet of gross floor area,plus 1 per automatic teller machine (ATM)and queue space for 5 cars for drive-thruservices1 per 200 square feet of gross floor area. Minimum of three (3)parking spaces shall beprovided1 per 300 square feet of gross floor area Minimum of three (3)parking spaces shall beprovided1 per 5 persons based on a maximumoccupancy load factor of 159.7-9

MUNICIPAL CODE ARTICLE IX – LAND USE9712 9712Table 9.7.3 (continued)Nonresidential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsDance halls, nightclubsHotelsMini storage/self-storageMortuaries, funeral homesMotels1 per 5 persons based on a maximumoccupancy load factor of 151 per each unit; plus1 per each 5 units2 per office, plus 1 per 10,000 square feetof gross floor area of storage space1 per 20 square feet of gross floor area ofassembly rooms, plus 1 per employee, plus1 for each car owned by suchestablishments1 per each unit; plus1 per each 5 units; plus2 covered spaces for an on-site managerMovie theaters 1 per each 4 seats. A seat shall mean 18lineal inches of seating space when seatsconsist of benches or pews.Personal services (nonfinancial) 1 per 300 square feet of gross floor areaWholesale and bulk merchandise 1 per 500 square feet of gross floor areastoresEating and Drinking EstablishmentsRestaurants/cafés/bars (less than 10seats)Restaurants/cafés/bars (more than 10 1 per 100 square feet of gross floor areaseats or customer area greater than200 square feet)Drive-thrusRecreational vehicleparking, in addition torequired off-street parking,shall be provided at a ratio ofone space for each 15 rooms.Recreational vehicle parkingspaces shall be 10 feet wideand 25 feet long, withadequate turning radius anda minimum verticalclearance of 15 feet.All access to parking areasshall have a minimumvertical clearance of 15 feet.1 per 250 square feet of gross floor area. Customer area shall notexceed 200 square feet1 per 100 square feet of gross floor area;plus additional standards required inSection 9406.9.7-10

MUNICIPAL CODE ARTICLE IX – LAND USE9712 9712Table 9.7.3 (continued)Nonresidential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsPublic/Semi-Public UsesChurches/religious facilitiesClubs/lodgesConvalescent hospitals, rest homesConvention halls/auditoriumsGalleriesHospitalsLibrariesMuseumsPublic utility substations (unmanned)Public utility substations (manned)Retail SalesAppliances and/or furniture storesGeneral retail shops and commercialusesNurseries, garden supply storesManufacturing and WarehousingManufacturing and industrial uses(including open manufacturing orassembly areas)WarehousingFor sanctuary with fixed seating - 1 pereach 4 seats. A seat shall mean 18 linealinches of seating space when seats consistof benches or pews, plusFor sanctuary without fixed seating and forall other assembly areas - 1 per 5 personsbased on a maximum occupancy loadfactor of 15, plus1½ spaces per classroom1 per 5 persons based on a maximumoccupancy load factor of 151 per 1,000 square feet of gross floor area1 per 5 persons based on a maximumoccupancy load factor of 151 per 350 square feet of gross floor area1 per 1,000 square feet of gross floor area1 per 350 square feet of gross floor area1 per 350 square feet of gross floor areaNone required1 per 500 square feet of gross floor area fora minimum of one parking space.1 per 500 square feet of gross floor area1 per 250 square feet of gross floor area1 per 300 square feet of gross floor area ofindoor sales area; plus1 per 1,000 square feet of outdoor displayarea1 per 500 square feet of gross floor area,except where located in a commercial zonewhich shall be 1 space per 250 square feetof gross floor area.1 per 800 square feet of gross floor area,plus office space exceeding 30% of grossfloor area must meet the parkingrequirements for office use9.7-11

MUNICIPAL CODE ARTICLE IX – LAND USE9714 9716.02Table 9.7.3 (continued)Nonresidential Parking RequirementsLand Use Type Required Off-Street Parking Notes and CommentsSchools (Public, Private, Trade, Vocational) and Day CareDay care for less than twenty-five 1 per 5 children based on maximum(25) childrenoccupancy load; plus 1 per 500 square feetDay care for twenty-five (25) or morechildrenElementary and intermediate schoolsHigh schoolsCollegesTrade/vocational schools andbusiness collegesgross floor area1 per 5 children based on maximumoccupancy load; plus 1 per 500 square feetgross floor area1½ per classroom ; plus1 per 5 fixed seats in the auditorium,gymnasium, or similar place of publicassembly and for each 45 square feet ofarea available for general assembly wherethere are no fixed seats, shall be provided1½ per classroom; plus1 per 4 students based on maximumcapacity1½ per classroom ; plus1 per 3 students based on maximumcapacity1 per every 150 square feet of gross floorareaShall not apply to family daycare homesThis ratio may be reduced to1 per 8 children and 1 per500 square feet of gross floorarea if off-street drop-offfacilities designed toaccommodate a continuousforward flow of vehicles tosafely load and unloadchildren are provided.SECTION 9714. NONRESIDENTIAL PARKING DESIGN STANDARDS.(A)(B)Nonresidential parking spaces and drive aisles shall comply with the requirements setforth in Table 9.7.1.All parking facilities shall comply with the handicapped parking requirements of theCalifornia Code of Regulations.SECTION 9716. OFF-STREET LOADING SPACES.Section 9716.02. General Provisions.Every hospital, institution, hotel, commercial, public assembly, or industrial building hereaftererected or established shall have and maintain loading spaces as provided in this section.9.7-12

MUNICIPAL CODE ARTICLE IX – LAND USE9716.04 9716.04(A)(B)(C)(D)(E)(F)Loading spaces shall be not less than twelve (12) feet in width, and forty (40) feet inlength, and shall have fourteen (14) feet of vertical clearance.When the lot upon which the loading spaces is located abuts upon an alley, such loadingspaces shall have access to said alley. The length of the loading space may be measuredperpendicular to or parallel with the alley. Where such loading area is parallel with thealley and said lot is fifty (50) feet or less in width, the loading area shall extend across thefull width of the lot.Loading spaces shall be so located and designed that trucks need not back into a street oralley.No part of an alley, street, fire lane, or drive aisle shall constitute part of a loading arearequired by this section.Loading spaces being maintained in connection with any main building existing on theeffective date of this article shall thereafter be maintained so long as said buildingremains, unless an equivalent number of such spaces are provided on a contiguous lot inconformity with the requirements of this section. However, this regulation shall notrequire the maintenance of more loading space than is hereby required for a newbuilding, nor the maintenance of such space for any type of main building other thanthose specified above.No loading space that is provided for the purpose of complying with the provisions ofthis article shall hereafter be eliminated, reduced, or converted in any manner below therequirements established in this chapter, unless equivalent facilities are providedelsewhere in conformance with this chapter.Section 9716.04. Loading Space Requirements.The following off-street loading spaces shall be provided for all hospitals, institutions, places ofpublic assembly, hotels, and commercial and industrial uses:(A)Commercial and Industrial Uses:Gross Floor AreaLoading SpacesRequired< 10,001 square feet 010,001—20,000 square feet 120,001—40,000 square feet 2> 40,000 square feet 39.7-13

MUNICIPAL CODE ARTICLE IX – LAND USE9718 9718(B)Hospitals, Institutions, and Hotels:Gross Floor AreaLoading SpacesRequired< 10,001 square feet 010,001—50,000 square feet 150,001—100,000 square feet 2> 100,000 square feet 3(C)Places of Public Assembly, and Eating Establishments:Loading SpacesGross Floor AreaRequiredAll 1(D)Mixed Occupancies:In the case of mixed uses, the total number of required loading spaces shall equal the sumof the requirements for the various uses computed separately. Loading space facilities forone use shall not be considered as providing required loading space facilities for anyother use.SECTION 9718. IMPROVEMENT OF PARKING AREAS.(A)All parking and driveway areas shall be developed in accordance with Article VIII of thisCode. All parking and driveway areas in all zones shall be covered using one (1) or acombination of the following materials:(1) Portland cement concrete;(2) Stamped and/or colored concrete;(3) Brick;(4) Pavers;(5) Asphaltic concrete, except in the R-1 and R-2 Zones; and/or(6) Other comparable materials which may be approved by the City Planner.(B)Parking spaces shall be identified with paint or other approved striping materials on thesurface of the parking area.9.7-14

MUNICIPAL CODE ARTICLE IX – LAND USE9720 9720(C)(D)When parking areas abut landscaped planter areas, in lieu of wheel stops, a poured-inplaceconcrete curb style shall be required.See Section 9520 (Landscaping, Lighting, and Walls) for additional standards.SECTION 9720. PARKING ASSESSMENT DISTRICTS.Notwithstanding other provisions of this chapter, all or a portion of the off-street parkingrequired by this chapter may be waived when the lot or parcel of land involved is located withinthe boundaries of a Parking Assessment District, provided the owner or occupant of the propertyon which the waiver is to be applied pays to the City an amount to be determined by the Councilfor each automobile storage space waived, or to be waived, or dedicates land, or grants aperpetual parking easement for parking, and such land has an assumed value equivalent to thecash amount set forth in this section.When the parking requirement is based on a lot area, each five hundred (500) square feet of lotarea shall be deemed one (1) space. Upon the payment of the required sum or upon thededication of land or an easement, the Council, by Resolution, shall waive the specified parkingspaces. If the application of off-street parking requirements creates a fractional part of anautomobile parking space, the amount paid will be computed for a full space. All money andland given to the City pursuant to the provisions of this section shall be used for the purpose ofproviding for, or facilitating the use of, public off-street parking within the boundaries of therespective Parking Assessment District. The minimum amount to be paid per space shall bedetermined by the Council if any of the following conditions are found to be present:(A)(B)(C)(D)That the buildable area of the parcel for which the waiver is sought has been reduced byreason of an acquisition by the City for street purposes, as part of a general plan ofdevelopment, of the property on both sides of such street and between intersecting streets;That such street upon which such property fronts has been acquired or dedicated to itsfull width as shown on the General Plan of the City and has been fully improved withcurb, gutter, sidewalks, and paveouts;That the substitute property to be acquired for off-street parking in all probability will bemore than five hundred (500) feet from the property on which the waiver is sought; andThat the development of parking on the property for which the waiver is sought, inaccordance with the requirements of this article for off-street parking, would preclude thedevelopment or use of such property.9.7-15

MUNICIPAL CODE ARTICLE IX – LAND USE9722 9724SECTION 9722. ATTENDANT/VALET PARKING.Attendant/Valet parking shall be permitted only when a Conditional Use Permit approval hasbeen obtained in accordance with the provisions of Section 9824. Whenever attendant/valetparking is provided it shall be maintained at all times, subject to the following standards:(A)(B)An automobile storage space shall be permitted not less than eight (8) feet in width norless than fifteen (15) feet in depth at any point, exclusive of driveways.Driveway access to the attendant/valet parking spaces shall be developed in conformancewith the following widths:(1) A driveway aisle width of twelve (12) feet shall be required for parking spaces ata parking angle of thirty (30) or forty-five (45) degrees.(2) A driveway aisle width of sixteen (16) feet shall be required for parking spaces ata parking angle of sixty (60) degrees.(3) A driveway aisle width of twenty-four (24) feet shall be required for parkingspaces with a parking angle of ninety (90) degrees.(C)Tandem parking may also be permitted.SECTION 9724. JOINT USE PARKING.Owners or lessees of property in the C-1, C-2, C-3, C-M and M-U Zones with a minimum offorty thousand (40,000) square feet of gross leaseable area may provide parking facilities fortheir joint use in compliance with the provisions of this section.(A)Joint Use with Parking Reduction(1) Parking facilities for adjoining uses whose peak hours of operation aresubstantially different may be provided jointly and may reduce the total numberof parking spaces required subject to:a. Sufficient evidence that no substantial conflict exists in the periods ofpeak demand for the uses for which the joint parking is proposed;b. The applicant shall submit a parking study that is prepared by a licensedtraffic engineer and shall be reviewed and approved by the City TrafficEngineer and that demonstrates that there is sufficient parking for all uses;9.7-16

MUNICIPAL CODE ARTICLE IX – LAND USE9726 9726c. The number of parking spaces which may be credited against therequirements for each use involved shall not exceed the number of spacesreasonably anticipated to be available during the differing hours ofoperation;d. The parking facilities designated for joint use shall be on the samedevelopment site under common ownership within five hundred (500) feetof the structures and uses served; ande. A written agreement, approved by the City Attorney may be required to beexecuted by all parties concerned and filed in the office of the CountyRecorder. The agreement shall be a covenant running with the land orother enforceable restriction and shall ensure the continued availability ofthe number of spaces designated for joint use at the periods of timeindicated.(2) The Commission may approve the joint use parking, subject to adopting thefollowing findings:a. The information presented justifies the requested parking reduction basedupon the presence of two (2) or more adjacent land uses which, because oftheir substantially different operating hours or different peak parkingcharacteristics, will allow joint use of the same parking facilities;b. The parking study report indicated that because of the clustering ofdifferent land uses, a reduced number of parking spaces can serve multipletrip purposes to the area in question.(B)Joint Use without Parking ReductionIf two (2) or more adjoining uses are under common ownership, or separate ownershipand the respective owners have acquired recordable easements for reciprocal access, theuses may jointly provide the required number of off-street parking spaces, in which casethe required number of parking spaces shall not be less than the sum of the requirementsfor the individual uses computed separately.SECTION 9726. OFF-SITE PARKING FACILITIES.For nonresidential uses, the off-street parking facilities required by this section shall be locatedon the same lot or parcel of land as the use they are intended to serve, except that in cases ofunusual site conditions the Commission may approve a substitute location within five hundred(500) feet of the principal use for which the parking is being provided and which meets one (1)of the following conditions:9.7-17

MUNICIPAL CODE ARTICLE IX – LAND USE9728 9728(A)(B)(C)(D)The total number of parking spaces shall not be less than the sum of the requirements foreach of the individual uses on all of the parcels or lots, except in accordance with theprovisions of Section 9724.Such property shall be in the same ownership as the uses to be served and shall be placedunder an agreement approved by the City Attorney. The purpose of such an agreementshall be to guarantee the availability of such parking to the property in question. Arecorded document running with the land for at least the life of the use to be served, andfor parking purposes for the intended use on the separate property, shall be filed with theCity prior to the issuance of an occupancy permit.Such property shall be held in a perpetual lease of the same owner or owners of the lot orparcel of land containing the building or uses to be served and such perpetual lease shallremain in effect as long as the parking facilities are required. The owner or owners ofsuch lot or parcel of land on which such parking is to be provided shall record anagreement in the office of the County Recorder as a covenant running with the land forthe benefit of the City guaranteeing that such owner or owners, and their heirs, assigns, orsuccessors in interest, will continue to maintain such parking facilities so long as thebuilding or use they are intended to serve is maintained.Such property shall be held under a ninety-nine (99) year lease satisfactory to the City,and such lease may not be terminated without the approval of the City, unless the use forwhich the parking is required is eliminated. Such issue shall contain a description of thenumber of parking spaces held under lease; shall be recorded in the Office of the CountyRecorder; and shall be binding upon all heirs, assigns, or successors in interest.SECTION 9728. MISCELLANEOUS REQUIREMENTS.(A)Assigned Parking Spaces(1) The owner or their designee of a multiple tenant building may identify and assignone (1) or more parking spaces for each tenant within their building.(2) The provisions of this section shall not prohibit the owner or their designee, topost the necessary signing, which would ensure the required off-street parking isavailable for their tenants, their tenants’ patrons, and their employees.(B)Change or Expansion of Use or Occupancy RequirementsWhenever the existing use of a structure is expanded or enlarged or the existing use ofland is changed to another use or another occupancy with a greater parking and/orloading requirement, the additional required parking and loading facilities shall be9.7-18

MUNICIPAL CODE ARTICLE IX – LAND USE9728 9728provided and thereafter permanently maintained in accordance with the provisions of thischapter.(C)Change to More Intensive UseWhen the intensity of use of any land, building, structure, or premises is increasedthrough the addition of dwelling units, the number of occupants, the number ofemployees, the floor area, the meeting capacity, or other units of measurement specifiedin this section, the additional required parking and loading facilities for such increaseshall be provided and thereafter maintained in accordance with the provisions of thissection.(D)Continuation of Required ParkingThe required off-street parking and loading facilities shall be a continuing obligation ofthe property owner so long as the use requiring vehicle parking or vehicle loadingfacilities continues. It shall be unlawful for an owner of any building or use todiscontinue or dispense with the required vehicle parking or loading facilities withoutproviding other vehicle parking or loading areas which meet the requirements of thissection.(E)Limitations on Use of Required Parking AreasRequired parking areas shall be used exclusively for vehicle parking in conjunction witha permitted use. In satisfying this requirement, the parking facilities shall be designedand maintained without being considered a nuisance at any time and shall be used in amanner that will not result in any hazard to persons or property, or unreasonableobstruction to traffic.(F)Prohibited ParkingParking in any zone shall not be permitted in a required front setback area, or any portionof a required side setback area that is required to be landscaped. In the R-1 Zone, thevertex of a circular driveway from the street property line may be reduced to not less thanfifteen (15) feet when approved by the City Planner.9.7-19

MUNICIPAL CODE ARTICLE IX – LAND USE9728 9728This page intentionally left blank.9.7-20

MUNICIPAL CODE ARTICLE IX – LAND USECHAPTER 8ADMINISTRATION

MUNICIPAL CODE ARTICLE IX – LAND USE9802 9802CHAPTER 8 – ADMINISTRATIONCHAPTER CONTENTSSECTION 9802. REVIEW BODIES AND RESPONSIBILITIES.SECTION 9804. PUBLIC HEARING.SECTION 9806. APPEAL.SECTION 9808. REAPPLICATION.SECTION 9810. APPLICATION WITHDRAWAL.SECTION 9812. ENVIRONMENTAL REVIEW.SECTION 9814. ADMINISTRATIVE PERMIT.SECTION 9816. ADULT USE PERMIT.SECTION 9818. DENSITY BONUS.SECTION 9820. SITE PLAN REVIEW.SECTION 9822. PLANNED UNIT DEVELOPMENT.SECTION 9824. CONDITIONAL USE PERMIT.SECTION 9826. VARIANCE.SECTION 9828. REVOCATION AND MODIFICATION OF USE PERMIT ANDVARIANCE.SECTION 9830. ZONE CHANGE.SECTION 9832. ZONING TEXT AMENDMENT.SECTION 9834. GENERAL PLAN AMENDMENT.SECTION 9836. SPECIFIC PLAN.SECTION 9838. PREZONING AND ANNEXATION.SECTION 9802. REVIEW BODIES AND RESPONSIBILITIES.All development proposals may be subject to one or more development application processingprocedures contained in this chapter. The exact application processing procedures that apply to aspecific project will be determined by the City Planner based on project characteristics. Table9.8.1 outlines the primary types of development applications and review procedures. When morethan one (1) application is required for a project, the applications are to be processedconcurrently with the final decision body hearing all applications.9.8-1

MUNICIPAL CODE ARTICLE IX – LAND USE9804 9804.04Table 9.8.1Application Types, Review Bodies, and ResponsibilitiesType of Application City Planner Commission CouncilPublic HearingRequiredAdministrative Permit D A A For appeal onlyAdult Use Permit D A YesDensity Bonus R D YesSite Plan Review D A YesPlanned Unit Development D A YesConditional Use Permit D A YesVariance D A YesZone Change R D YesAmendment of the Zoning Text 1 R D YesGeneral Plan Amendment R D YesSpecific Plan R D YesPrezoning and Annexation R D YesNotes:R = Advisory body making recommendation onlyD = Deciding body whose decision is final unless appealedA = Appeal authority1 May be initiated by Commission or Council only.SECTION 9804. PUBLIC HEARING.Section 9804.02. Intent and Purpose.These regulations are designed to establish uniform hearing and processing procedures and toprovide a standard for the conduct of public hearings that complies with State public hearingrequirements and affords the public due process through notification and participation in zoningand development proposals. For the purposes of this section, there are two (2) types of hearings,legislative (i.e., changes in this article) and administrative, which shall include all nonlegislativematters (i.e., variances and permits).Section 9804.04. Applicability.Whenever Section 9804 is referred to in other parts of this article, and in subsequentamendments, the following procedures for hearings, notices of appeal, and Council hearings onappeal shall apply.9.8-2

MUNICIPAL CODE ARTICLE IX – LAND USE9804.06 9804.06Section 9804.06. Procedures.(A)ApplicationFor the purposes of this section, application shall include the initiation of an applicationor any action by the Commission or Council requiring a public hearing.(B)Setting of HearingA public hearing shall be held before the Commission or the Council in accordance withState law.(C)NoticeNotices of public hearings, containing the date, time, place, and purpose of the publichearing and the location of the property, with a legal and general description in mattersrelated to legislative hearings involving zone changes, shall be given in the followingmanner:(1) A notice shall be published at least once in a newspaper of general circulation inthe City not less than ten (10) calendar days prior to the date of the public hearing.(2) A notice shall be mailed, postage prepaid, not less than ten (10) calendar daysprior to the date of the public hearing, to all owners of all property, as shown onthe last available County Assessor’s rolls, within five hundred (500) feet of theexterior boundaries of the property that is the subject of the change. When thefive hundred (500) foot radius extends outside the corporate limits of the City, theCity having jurisdiction shall also be notified, as well as all of the propertyowners within the five hundred (500) foot radius.If the number of owners to whom notices would be mailed pursuant to this sectionis greater than one thousand (1,000), then in lieu of mailing said notice, a displayadvertisement of at least one-eighth (1/8) page shall be published in a newspaperof general circulation in the City not less than ten (10) calendar days prior to thedate of the public hearing.Unintentional failure to mail the notice provided for in this section or failure topost the notice in the manner provided for in this section shall not affect thevalidity of any proceeding.(D)City Planner DutiesThe City Planner shall make an investigation of facts bearing on any application toprovide the necessary information for action on each application consistent with the9.8-3

MUNICIPAL CODE ARTICLE IX – LAND USE9804.08 9804.08intent and purpose of this article. The City Planner shall make a recommendation on theapplication.(E)Commission Duties(1) The Commission shall hold such public hearings at the time, date, and place asadvertised.(2) The Commission may establish its own rules for the conduct of public hearings.(3) The Commission may continue such hearings from time to time pursuant toapplicable State law, and the chairman shall, when appropriate, announce thetime, date, and place to which such hearing will be continued. No further noticeshall be required, unless a hearing is continued to an unspecified date and time.(4) Each decision by the Commission on a petition for a permit, variance, or otheradministrative type action shall be by written resolution. A recommendation bythe Commission on an application for a change of zone or other legislative typeaction shall be by formal resolution to the Council, which shall include thereasons for the recommendation. Such written recommendation shall be filedwith the City Clerk for transmittal to the Council. Commission approval orrecommendation of a permit, variance, change of zone, amendment, or otheraction governed by this section shall be by a majority of members present at theapplicable hearing.(F)RecordkeepingA summary of all testimony offered at the public hearing, the names and addresses of thepersons so testifying, copies of all notices, affidavits of mailing and publishing, and allwritten documentation introduced as evidence at the hearing, including the City’s staffreport, shall become a part of the subject case file and retained in accordance with Statelaw.Section 9804.08. Findings, Determinations, and Appeals.(A)Administrative Proceedings(1) Findings and Time RequirementOn actions of an administrative nature, including applications for permits andvariances, the Commission shall make its findings and determinations pursuant totimelines established in State law. A tie vote shall be deemed a denial, unless anextension of time is requested by the applicant. The applicant may then appeal tothe Council as provided in Section 9806.9.8-4

MUNICIPAL CODE ARTICLE IX – LAND USE9804.08 9804.08(2) AppealAny person aggrieved or affected by any final determination of the Commissionconcerning an application for action of an administrative nature, including avariance or a permit, or any condition or requirement attached to that variance orpermit, no later than fifteen (15) days after the date of the decision or of theCommission’s failure to make a determination, may file with the City Clerk awritten notice of appeal to the Council. Such appeal shall specify where it isclaimed that the Commission’s findings were in error, and where the decision ofthe Commission is not supported by the evidence in the matter, and where thepublic necessity, convenience, and welfare require the Commission’s decision tobe reversed or modified.(3) Effective Date of Permits and Variances GrantedNo permit or variance granted by the Commission pursuant to this chapter shallbecome effective until fifteen (15) days after the date of the resolution grantingsuch permit or variance, or such later effective date as provided in such permit orvariance granted.(4) Finality of DecisionsAll decisions of the Commission concerning applications for action of anadministrative nature, including permits or variances, shall be final, unlessappealed as prescribed in this chapter, or until any condition precedent to itseffectiveness has been fulfilled, whichever is later in time.(B)Legislative Proceedings(1) Recommendation by CommissionIn legislative type proceedings, including amendments to this article or petitionsfor a change of zone, the Commission shall transmit a resolution of itsrecommendation to the Council. The applicant for a change of zone may requesta hearing as provided in this section.(2) Action by CouncilIn legislative type proceedings, including amendments to the zoning regulationsor petitions for a change of zone, the Council shall hold a hearing in accordancewith the provisions of this section. However, if the matter under consideration isa petition for a change of zone or a Commission initiated amendment to thisarticle, and the Commission has recommended against the adoption of suchchange of zone or amendment, the Council shall not be required to take any9.8-5

MUNICIPAL CODE ARTICLE IX – LAND USE9806 9806.04further action, unless an interested party shall request such a hearing by filing awritten notice of appeal with the City Clerk within fifteen (15) days after theCommission has made its recommendation.(3) Findings for ActionThe Council, after the completion of such public hearing, which it may continuefrom time to time, may disapprove, approve, or modify, in whole or in part, anyrecommendation of the Commission. However, before making any modificationin the recommendations of the Commission, the proposed modification may bereferred to the Commission for a report and recommendations, and a copy of thereport and recommendations shall be filed with the Council before anymodification is effected. No further hearing shall be required by the Commission.(4) Final ActionThe action of the Council shall be final and conclusive.SECTION 9806. APPEAL.Section 9806.02. Intent and Purpose.To avoid results inconsistent with the purposes of this article, decisions of the City Planner andother Administrative Officials of the City may be appealed to the Commission, and decisions ofthe Commission may be appealed to the Council.Section 9806.04. Procedures.Figure 9.8.1 and Figure 9.8.2 illustrate the processes described below.(A)Appeals of Administrative Decisions(1) Written NotificationAny appeal from a decision of the City Planner or other Administrative Official ofthe City in the administration of this article, or where it is alleged by any personthat there is an error in any order, requirement, permit, decision, or determinationmade by an Administrative Official of the City in the administration orenforcement of this article, shall be made in writing to the Commission. The CityClerk shall not accept for filing a notice of appeal until and unless the appellant orperson requesting the hearing has submitted to the City Clerk a filing fee asdetermined by resolution of the Council.9.8-6

MUNICIPAL CODE ARTICLE IX – LAND USE9806.04 9806.04Written notification to appealdecision of the City Planner orother Administrative Officialof the City filed with CityClerk within 15 days of theDecisionCity Clerk transmits 1 copy ofNotice of Appeal to CityPlanner and 1 copy toCommission SecretaryHearingscheduled,noticedCommissionconductshearingCommission acts to:• Affirm City Planner or Admin.Official decision• Modify City Planner or Admin.Official decision• Reverse original decisionDecisionFinalFigure 9.8.1. Process for Appeal of an Administrative Decision9.8-7

MUNICIPAL CODE ARTICLE IX – LAND USE9806.04 9806.04Written notification to appealCommission Decision filedwith City Clerk within 15days of Commission decisionCity Clerk transmits 1 copy ofNotice of Appeal to CityPlanner and 1 copy toCommission SecretaryCity Planner transmits all recordspertaining to request for appeal to theCouncilHearingscheduled,noticedCouncilconductshearingCouncil acts to:• Affirm Commission decision• Modify Commission decision• Reverse original decisionDecisionFinalFigure 9.8.2. Process for Appeal of a Commission Decision9.8-8

MUNICIPAL CODE ARTICLE IX – LAND USE9806.04 9806.04The written notice of appeal shall be filed within fifteen (15) calendar days of theoriginal decision by the City Planner or Administrative Official of the City.(2) Records(3) StayThe City Planner or Administrative Official of the City shall then transmit to theCommission all papers constituting the record upon which the action appealedfrom was taken.An appeal shall stay all proceedings unless the City Planner or AdministrativeOfficial notifies the Commission that a stay would cause imminent peril to lifeand property.(4) Public HearingsPublic hearings shall be set and notice given in the same manner and time asprovided in Section 9804 of this chapter.(5) DecisionThe Commission may hear and decide such matters by the affirmative vote of notless than a majority of the members present. A tie vote shall be considered denialof appeal.(B)Appeals of a Commission Decision(1) Written Notification and TimingA decision of the Commission, within fifteen (15) calendar days after the date ofsuch action, may be appealed by written notice of appeal filed in duplicate withthe City Clerk. Such appeal shall specify where it is claimed that theCommission’s findings were in error, and where the decision of the Commissionis not supported by the evidence in the matter, and where the public necessity,convenience, and welfare require such exception or permit. The City Clerk shallnot accept for filing a notice of appeal until and unless the appellant or personrequesting the hearing has submitted to the City Clerk a filing fee as determinedby resolution of the Council.(2) RecordsUpon the receipt of such notice of appeal, the City Clerk shall transmit one (1)copy of the notice of appeal to the City Planner with notice of the date, time, and9.8-9

MUNICIPAL CODE ARTICLE IX – LAND USE9808 9808(3) Stayplace when the appeal shall be given before the Council. The City Planner shalltransmit to the Council a copy of all pertinent information contained in theCommission’s permanent file.The City Clerk shall transmit a copy of such notice of appeal and place suchappeal on the Council’s first available meeting.On the date a notice of appeal is filed pursuant to this section, all proceedings infurtherance of the determination, order, decision, condition, or requirementappealed from, including the effective date of any permit or variance in question,shall be stayed until the final determination of the appeal or review by theCouncil.(4) Public HearingThe Council may not approve, reverse, or modify, in whole or in part, theCommission’s final determination, decision, order, requirement, or conditionwhich is appealed until the Council has held a public hearing. Such publichearings shall be set and notice given by the City Clerk in the same manner andtime as provided in Section 9804 of this chapter.(5) DecisionThe Council shall announce its findings and decision in an appeal proceeding byformal action. Such action shall recite, among other things, the reasons which, inthe opinion of the Council, make the Council’s determination of the matternecessary to carry out the general purpose of this article and shall order that theCommission’s decision be affirmed, reversed, or modified. The Council shalleffect such determination, or any portion thereof, by the affirmative vote of notless than a majority of the total membership of the Council present at the hearing;otherwise, the appeal shall be denied. The action of the Council shall be final andconclusive.SECTION 9808. REAPPLICATION.The City shall not accept any application for which a substantially identical application wasdenied by the City, irrespective of whom the applicants are on either application, until twelve(12) consecutive calendar months have expired after the date of the final decision of the Citydenying the earlier application, unless such final decision was a denial without prejudice. Upona written request, the Commission or Council, by the affirmative vote of a majority of its totalmembership, may waive this requirement if it is shown that a considerable change has taken9.8-10

MUNICIPAL CODE ARTICLE IX – LAND USE9810 9814.02place in the area in which the property is located, or that additional and pertinent information isavailable which was not brought out at the public hearing, and that a waiting period of twelve(12) months would create an unusual hardship.SECTION 9810. APPLICATION WITHDRAWAL.(A)(B)(C)(D)An applicant for any permit, variance, or zone change, or a person appealing the finaldetermination of the Commission regarding a permit, variance, or zone change, mayrequest permission to withdraw his or her application or appeal by submitting to theCommission, in the case of an application, or to the Council, in the case of an appeal, saidrequest in writing signed by all persons who signed the original application or the writtennotice of appeal, or by their successors in interest.If the request for withdrawal is received prior to the legal notice being submitted forpublication, the City shall grant the request and shall refund the filing fee minus aprocessing fee.If the request for withdrawal is received after the submission of the legal notice forpublication, the Commission, or the Council, whichever is applicable, may either grantthe request or deny the request and proceed to make a final decision on the application orappeal. However, in no event shall the City refund the filing fee.If the request for withdrawal is granted, the Commission, or the Council, whichever isapplicable, shall acknowledge said withdrawal by minute action to be reflected in theminutes of the Commission or Council meeting at which the request is granted. In thecase of appeals, withdrawal of an appeal shall constitute a final resolution of the matter.SECTION 9812. ENVIRONMENTAL REVIEW.All land use and development review applications referenced in this article shall undergoenvironmental review as an integral part of the process for such applications prior toconsideration by the decision-making authority. Environmental review shall be carried out inaccordance with the California Environmental Quality Act, State Environmental Impact ReportGuidelines, the City’s Environmental Guidelines, and other applicable regulations.SECTION 9814. ADMINISTRATIVE PERMIT.Section 9814.02. Intent and Purpose.The purpose of this section is to provide an Administrative Permit process for applications forminor land use actions that:9.8-11

MUNICIPAL CODE ARTICLE IX – LAND USE9814.04 9814.04(A)(B)(C)Have little potential for affecting surrounding properties;Have no significant environmental effect under the California Environmental QualityAct; orAre not subject to discretionary or other review requirements of this article.Section 9814.04. Authority of the City Planner.The City Planner shall approve, approve with conditions, or deny an Administrative Permit. TheCity Planner shall render a decision on an Administrative Permit on the following applications,subject to specific findings and procedures:(A)Minor Modification(1) In the R-1 and R-2 Zones, minor modifications of the size of linear measurementsmay be permitted by the City Planner where the nonconforming size or linearmeasurement was conforming at the time of its creation;(2) The reduction of lot area or lot dimensions by not more than one (1) percent ofthat required in the zone;(3) The modification of the width of required parking spaces by not more than three(3) inches and the modification of other parking design standards when suchmodification will accomplish the intent of this article;(4) The modification of walls or fences which shall not exceed ten (10) percent of thespecified measurements where topography or structural measurements requiresuch modification;(5) When landscaping requirements make it impractical to comply, a modification notexceeding ten (10) percent may be approved;(6) The modification of the side setback area to permit the extension of existingbuilding lines for additions or minor building modifications for alignmentpurposes, except that no modification shall reduce the required setback closer thanthree (3) feet to a property line;(7) When additional dedications for street widening are required for lots of recordedsubdivisions, the front or street side setback requirements shall be reduced thesame distance as that required for street dedications; however, in no case shall theallowed setback be less than the average depth of the projecting building on eitherside of the subject property;9.8-12

MUNICIPAL CODE ARTICLE IX – LAND USE9814.06 9814.06(8) Other minor modifications as may be delegated to the City Planner by resolutionof the Commission; and(9) Minor changes to sign copy or materials not affecting the overall size of the signor sign copy area.(B)Home Occupation PermitPursuant to the regulations identified in Section 9408.(C)Temporary Use of Land PermitPursuant to the regulations identified in Section 9424.(D)Special Event PermitPursuant to the regulations identified in Section 9420.(E)Second Unit Development PermitPursuant to the regulations identified in Section 9414.(F)Minor Site Plan ReviewMinor Site Plan review is for small additions that increase the size of the existingbuilding by no more than a ten (10) percent within a five (5) year period, and where theaddition does not require a variance or on a residential property does not increase thenumber of dwelling units.(G)Temporary Outdoor Display and SalesPursuant to the regulations identified in Section 9420.10.Section 9814.06. Procedures.Figure 9.8.3 illustrates the process described below.(A)ApplicationApplication for an Administrative Permit shall be made to the City Planner on formsprovided by the Planning Division. An application fee shall be paid in accordance with aschedule established by resolution of the Council.9.8-13

MUNICIPAL CODE ARTICLE IX – LAND USE9814.06 9814.06ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerApplicationdeemed completeby City PlannerCity Planner verifies exempt fromCEQACity Planner notifies property owners within100 feet of the subject propertyNO APPEALCity Planner takes action to:• Approve• Approve with modifications orconditions• DenyAPPEALDecisionFinalSee Section 9806 fordescription of appealsprocessFigure 9.8.3. Process for Administrative Permit9.8-14

MUNICIPAL CODE ARTICLE IX – LAND USE9814.06 9814.06(B)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days what additionalinformation is required to complete the application. The application will not beprocessed until that information is received by the City Planner.(C)Environmental ReviewThe City Planner shall investigate the application for exemption to the CaliforniaEnvironmental Quality Act.(D)Plan DrawingsPlans shall be submitted as required by the City Planner.(E)NoticingThe owners or authorized agents of real property within a radius of one hundred (100)feet of the exterior boundaries of the property which is the subject of the application shallbe notified of the submittal of such application to the City Planner. The names andaddresses of such owners shall be taken from the last available County Assessor’s rolls.In the case of a Home Occupation Permit and outdoor displays and sales, no notice isrequired.(F)AppealIf the applicant is dissatisfied with the decision of the City Planner, the applicant mayappeal in writing to the Commission within fifteen (15) days after the City Planner’sdecision. Such appeal shall state wherein the City Planner erred in his or her findings.(G)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(H)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.9.8-15

MUNICIPAL CODE ARTICLE IX – LAND USE9814.08 9816.04Section 9814.08. Findings.The City Planner shall make his or her decision in writing to the applicant. One (1) copy shall bemailed to the applicant, and one (1) copy shall be filed with the chairperson of the Commission.Approval of an Administrative Permit shall require the following findings by the City Planner:(A)(B)(C)That the proposed activity or use will be consistent with the objectives, policies, andgeneral land uses and programs specified in the City’s General Plan;That the proposed activity or use is consistent with other provisions of this article; andThat the proposed activity or use will not result in conditions or circumstances contrary tothe public health, safety, and general welfare.SECTION 9816. ADULT USE PERMIT.Section 9816.02. Intent and Purpose.This purpose of this section is to provide for the reasonable and uniform regulation of adultbusinesses in the City, providing a process to obtain an Adult Use permit to operate an adultbusiness in accordance with Section 9402 of this article. The concentration of certain adultbusinesses tends to result in blight and deterioration in areas in which they are located, as well asadjacent sensitive areas. The City recognizes that adult businesses are afforded constitutionalprotection as protected speech under the First Amendment of the United States Constitution andArticle 1 of the California Constitution. As such, it is necessary to develop special proceduresapplicable to adult businesses that protect the visibility of the City’s residential, commercial, andindustrial areas, without discriminating against the free speech rights afforded to adultbusinesses.Section 9816.04. Procedures.Figure 9.8.4 illustrates the process described below.(A)InitiationAn Adult Use permit consistent with the purposes of this section may be initiated by anapplication of the owner or owners or their authorized agents of the property to which theAdult Use permit applies.9.8-16

MUNICIPAL CODE ARTICLE IX – LAND USE9816.04 9816.04ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerApplicationdeemed completeby City PlannerCity Planner undertakesenvironmental review perSection 9812Hearingscheduled,noticedCommissionhearingCommission acts to:• Approve• Approve withmodifications orconditions• DenyCouncilhearingHearingscheduled,noticedAPPEALNO APPEALCouncil takes action to:• Approve• Approve withmodifications orconditions• DenyDecisionFinalFigure 9.8.4. Process for Adult Use Permit9.8-17

MUNICIPAL CODE ARTICLE IX – LAND USE9816.04 9816.04(B)EstablishmentThe establishment of an adult business shall be subject to the regulations pursuant toSection 9402.(C)ApplicationApplications for an Adult Use permit shall be made to the Commission on formsprovided by the City Planner and accompanied by an application fee paid in accordancewith a schedule established by resolution of the Council.(D)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, identifying whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(E)Environmental ReviewThe City Planner shall investigate the application for compliance with the CaliforniaEnvironmental Quality Act (CEQA).(F)Investigations of ApplicationsThe Commission shall investigate the facts bearing on each application for an Adult Usepermit to provide the necessary information for action by the Commission consistent withthe intent and purpose of this chapter.(G)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(H)FindingsThe Commission shall review the application and all aspects of the proposed Adult Usepermit for conformance with the intent and purpose of this section and compliance withall applicable development standards. The Commission may approve, approve withconditions, or deny the application.9.8-18

MUNICIPAL CODE ARTICLE IX – LAND USE9816.04 9816.04In taking action, the Commission, as the case may be, shall specify findings in support ofthe decision. The findings for approval shall include the following:(1) The proposed location of the development and proposed conditions under which itwill be operated or maintained are consistent with the goals and polices embodiedin the General Plan and other applicable plans and policies adopted by theCouncil.(2) The proposed development is in accordance with the purposes and objectives ofthis article and the zone in which the site is located.(3) The development will not be detrimental to the public health, safety, or welfare ofpersons residing or working in or adjacent to such a development, nor detrimentalto properties or improvements in the vicinity or the general welfare of the City.A copy of the determination and written findings of fact shall be kept on file inthe City Planner and be mailed to the applicant.(I)Conditions of ApprovalThe Commission, or the Council on appeal, in granting an Adult Use permit mayestablish conditions under which an adult use may be permitted or a building for an adultuse be constructed and/or altered as the Commission may consider necessary to carry outthe provisions of this article, and prevent damages or prejudice to adjacent properties ordetriment to the public health, safety, or welfare of the community.(J)Force of Conditions of ApprovalAny restriction or condition required by the Commission, or the Council on appeal, in thegranting of an Adult Use permit under the provisions of this article shall be compliedwith. If such conditions or requirements are not met or if the use permitted isdiscontinued for a period of one (1) year or more, the Commission shall hold a publichearing in the same manner as set forth in Section 9804 of this chapter to determine if theAdult Use permit should be revoked.Upon the revocation of an Adult Use permit, the further use of the property, or themaintenance of any building constructed thereon, by authority of such Adult Use permitshall constitute a violation of this article.(K)Voiding of Adult Use PermitsEach Adult Use permit granted under the provisions of this section shall be subject torevocation, unless:9.8-19

MUNICIPAL CODE ARTICLE IX – LAND USE9816.04 9816.04(1) The operation of an adult business or the construction authorized by such AdultUse permit has been submitted to plan check within one (1) year after the grantingof the Adult Use permit. If construction is required, the project shall be submittedto plan check within one hundred eighty (180) days, remaining valid until the plancheck or permit expires;(2) The use of land or buildings authorized by the Adult Use permit has taken placewithin one hundred eighty (180) days after the granting of the Adult Use permit;and(3) The periods of time set forth in Sections 9816.04(K)(1) and 9816.04(K)(2) havebeen extended by the Commission, but in no case shall the extension exceed onehundred eighty (180) days.(L)ReapplicationsReapplication procedures shall be in accordance with Section 9808 of this chapter.(M)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.(N)Revocation of Conditions of ApprovalThe Commission, after notice and a public hearing, may revoke any Adult Use permitgranted for noncompliance with any of the conditions set forth in granting such AdultUse permit. The Commission shall hold a public hearing in the same manner as set forthin Section 9804 of this chapter.(O)DeterminationThe Commission, by formal resolution, shall approve, approve with conditions, or denythe application.(P)AppealThe decision of the Commission may be appealed within fifteen (15) days by anyinterested party following the procedures in Section 9806.9.8-20

MUNICIPAL CODE ARTICLE IX – LAND USE9818 9818.04SECTION 9818. DENSITY BONUS.Section 9818.02. Intent and Purpose.The purpose of this section is to set forth the procedures for complying with Government CodeSection 65915 et seq. Government Code Section 65915 et seq. requires that each city adopt anordinance that specifies the method by which the City will provide concessions and/or incentivesto a developer that proposes to construct affordable housing, senior housing, and other eligiblehousing units as specified in Section 9512 of this article. This section identifies the proceduresand requirements by which a housing development proposal shall be submitted to and evaluatedby the City.Section 9818.04. Procedures.Figure 9.8.5 illustrates the process described below.(A)InitiationAt the time a developer of a proposed housing development seeks a density bonus and/orany regulatory concession per California Government Code Section 65915, the developermust file an application with the City Planner.(B)ApplicationThe Density Bonus application shall be filed with the City Planner and shall require thefollowing information:(1) Identification of the kind and number of the targeted units as set forth inGovernment Code Section 65915 under which the proposed housing developmentqualifies for a density bonus and any additional regulatory concessions. Thedeveloper shall identify the location of the targeted units.(2) The location, acreage, and maximum number of base units allowed under the zoneand General Plan land use designation.(3) Identification of any regulatory concession(s) that is requested by the developerand a list of any alternative regulatory concessions that would provide, in thedeveloper’s opinion, incentives of equivalent financial value to the concessionrequested.9.8-21

MUNICIPAL CODE ARTICLE IX – LAND USE9818.04 9818.04ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerApplicationdeemed completeby City PlannerCity Planner undertakesenvironmental review perSection 9812Application processed anddeterminations made at thesame time as housingdevelopment application; orapplications are processedHearingscheduled,noticedCommissionconductshearingCommission recommends to Councilto:• Approve• Approve with conditions• Approve with changes to theregulatory concessions/incentives• DenyCouncil acts to:• Approve• Approve with Conditions• Approve with changes to theregulatory concessions/incentives• DenyHearingscheduled,noticedCouncilconductshearingDecisionFinalFigure 9.8.5. Process for Density Bonus9.8-22

MUNICIPAL CODE ARTICLE IX – LAND USE9818.04 9818.04(4) The specific financial information and data relied upon by the developer thatestablishes the monetary value of the regulatory concession(s) requested by thedeveloper and a concise statement of how such value was calculated. A clearstatement of how the requested additional concession(s) is/are necessary to makethe proposed housing development economically feasible, sufficiently detailed toenable City staff to examine the conclusions reached by the developer.(5) Such other pertinent information as the City Planner may require enabling theCity to adequately analyze the economic feasibility of the proposed housingdevelopment with respect to the requested additional concession(s) and otherconcessions that may be made available.(C)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationsThe City Planner shall investigate the facts bearing on each application for a DensityBonus permit to provide the necessary information for action by the Commissionconsistent with the intent and purpose of this chapter.(F)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(G)Determination(1) CommissionAfter public hearing, the Commission shall, by Resolution, recommend to theCouncil that the application be approved, conditionally approved, approved withchanges to the regulatory concessions/incentives, or denied.9.8-23

MUNICIPAL CODE ARTICLE IX – LAND USE9820 9820.04(2) CouncilThe Council shall, by resolution, determine all matters with respect to the grantingof a Density Bonus, any additional regulatory concessions, or direct financialincentive. The Council shall approve, conditionally approve, approve withchanges to the regulatory concessions/incentives, or deny the application.(H)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(I)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.SECTION 9820. SITE PLAN REVIEW.Section 9820.02. Intent and Purpose.The purpose of this section is to:(A)(B)Provide a streamlined administrative review process for verifying a project’s compliancewith this article’s development, design, and use standards; andAssure landowners, business owners, and developers that proposed uses, structures,designs, and site improvements comply with the provisions of this article beforepreparation of plans for building permits.Section 9820.04. Applicability.Site Plan Review shall be applicable to the following unless provided in this article:(A) All new permitted structures and site improvements in all zones except the R-1 and R-2Zones and R-1 and R-2 uses in the R-3 Zone;(B)(C)(D)Any building moved onto a site;The addition of floor area greater than ten (10) percent to a site containing an existingstructure in all zones except the R-1 and R-2 Zones and R-1 and R-2 uses in the R-3Zone; andExterior modifications to an existing structure.9.8-24

MUNICIPAL CODE ARTICLE IX – LAND USE9820.06 9820.06Section 9820.06. Procedures.Figure 9.8.6 illustrates the process described below.(A)InitiationSite Plan Review consistent with the purposes of this section may be initiated by anapplication of the owner or owners or their authorized agents of the property to which theSite Plan Review applies.(B)ApplicationThe applicant shall submit an application to the City Planner with the number of prints ofthe plans specified by the City Planner, together with a filing fee, in accordance with aschedule established by resolution of the Council. The contents of the Site Plan Reviewapplication shall be specified by the City Planner.(C)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationsThe City Planner shall investigate the facts bearing on each application for a Site PlanReview to provide the necessary information for action consistent with the intent andpurpose of this chapter.(F)Conditions of ApprovalThe Commission, or the Council on appeal, in granting a Site Plan Review may establishconditions under which a lot or parcel of land may be used or a building erected and/oraltered, or make requirements as to right-of-way dedications, design, height of buildings,open spaces, parking areas, landscaping, or make any requirement that the Commissionmay consider necessary to carry out the purpose of this article and prevent damages orprejudice to adjacent properties or detriment to the welfare of the community.9.8-25

MUNICIPAL CODE ARTICLE IX – LAND USE9820.06 9820.06ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditional informationApplication reviewed forcompleteness by City PlannerApplication deemedcomplete by City PlannerCity Planner undertakesenvironmental review per Section9812NO APPEALCommission considers Site PlanReview at Public Hearing;Commission acts to:• Approve• Approve with conditions• DenyAPPEALDecisionFinalSee Section 9806 fordescription of appealsprocessFigure 9.8.6. Process for Site Plan Review9.8-26

MUNICIPAL CODE ARTICLE IX – LAND USE9820.06 9820.06(G)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(H)AppealAppeals shall be governed by the provisions of Section 9806 of this chapter.(I)Force of Conditions of ApprovalAny restriction or condition required by the Commission, or the Council on appeal, in thegranting of a Site Plan Review under the provisions of this section shall be compliedwith.(J)VoidingEach Site Plan Review Permit granted under the provisions of this section shall be subjectto revocation, unless one of the following applies:(1) The construction authorized by such permit has been submitted to plan checkwithin one (1) year after the granting of such permit and pursued diligently tocompletion;(2) The occupancy of land or buildings authorized by such permit has taken placewithin one (1) year after the granting of such permit; and(3) The periods of time set forth in Sections 9820.06(J)(1) and 9820.06(J)(2) havebeen extended by the Commission upon a written request by the applicantshowing cause why such extension is necessary. In no case shall the extensionexceed one (1) year.(K)Revocation of Site Plan ReviewThe provisions of Section 9828 of this chapter shall apply.(L)AdministrationThe issuance of a building permit shall be pursuant to the site plan approval. If there is asubstantial change from the original site plan as determined by the City Planner, thematter or plans shall be resubmitted to the City Planner, subject to all of the provisions ofthis section, as if it were a new application for a site plan.9.8-27

MUNICIPAL CODE ARTICLE IX – LAND USE9820.08 9822.02Section 9820.08. Findings.The Commission, and the Council on appeal, shall make the following findings in approving orconditionally approving an application for Site Plan Review:(A)(B)(C)(D)(E)(F)(G)That the site plan is consistent with the goals and polices embodied in the General Planand other applicable plans and policies adopted by the Council.That the proposed development is in accordance with the purposes and objectives of thisarticle and the zone in which the site is located.That the proposed development’s site plan and its design features, including architectureand landscaping, will integrate harmoniously and enhance the character and design of thesite, the immediate neighborhood, and the surrounding areas of the City;That the site plan and location of the buildings, parking areas, signs, landscaping,luminaries, and other site features indicate that proper consideration has been given toboth the functional aspects of the site development, such as automobile and pedestriancirculation, and the visual effects of the development from the view of the public streets;That the proposed development will improve the community appearance by preventingextremes of dissimilarity or monotony in new construction or in alterations of facilities;That the site plan and design considerations shall tend to upgrade property in theimmediate neighborhood and surrounding areas with an accompanying betterment ofconditions affecting the public health, safety, comfort, and welfare; andThat the proposed development’s site plan and its design features will include graffitiresistantfeatures and materials in accordance with the requirements of Section 4960 ofChapter 10 of Article IV of this Code.SECTION 9822. PLANNED UNIT DEVELOPMENT.Section 9822.02. Intent and Purpose.This section describes the procedures for the Planned Unit Development permit process.Planned Unit Development is intended to provide a more flexible method whereby appropriatelylocated land areas can be developed employing more innovative and imaginative land planningconcepts than would be possible through the strict application of conventional zoning andsubdivision regulations. The Planned Unit Development is intended to meet the broaderobjectives of the General Plan and this chapter and will exhibit excellence in design, sitearrangements, integration of uses and structures, and protection to the integrity of surroundingdevelopments.9.8-28

MUNICIPAL CODE ARTICLE IX – LAND USE9822.04 9822.04Section 9822.04. Procedures.Figure 9.8.7 illustrates the process described below.(A)InitiationA Planned Unit Development may be initiated upon an application of the property owneror owners in accordance with the procedures in this section. Any Planned UnitDevelopment shall be subject to the requirements of this section and shall be inconformity with the requirements of the development plan adopted for such Planned UnitDevelopment.(B)Preliminary ReviewBefore filing any application for a Planned Unit Development, the prospective applicantshall submit to the City Planner preliminary sketches and general site information toconsider the proposal in relation to the general development objectives in the proposedarea. The City Planner shall then advise the applicant as to developmentrecommendations and anticipated conditions, in accordance with the provisions of thissection and Section 9324, or recommend to the applicant or his or her representative thatno further effort be made to acquire a Planned Unit Development permit.(C)ApplicationAfter the preliminary review, the applicant may file an application for a Planned UnitDevelopment with the City Planner, on a form that shall be prescribed and shall includethe information specified by the City Planner. A filing fee as determined by resolution ofthe Council shall be paid to the City upon the filing of an application for a Planned UnitDevelopment permit.(D)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(E)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.9.8-29

MUNICIPAL CODE ARTICLE IX – LAND USE9822.04 9822.04City Planner conducts preliminaryreview prior to formal applicationsubmittalApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerCity Planner undertakesenvironmental review perSection 9812Applicationdeemed completeby City PlannerCommission takesaction to:• Approve• Approve withmodifications orconditions• DenyNO APPEALAPPEALSee Section 9806 fordescription of appealsprocessDecisionFinalFigure 9.8.7. Process for Planned Unit Development Permit9.8-30

MUNICIPAL CODE ARTICLE IX – LAND USE9822.04 9822.04(F)Investigation of ApplicationsThe City Planner shall investigate the facts bearing on each application for a PlannedUnit Development to provide the necessary information for action consistent with theintent and purpose of this chapter.(G)Site Plan ReviewAll proposed development in a Planned Unit Development shall also be subject to SitePlan Review in accordance with Section 9820 of this chapter.(H)Conditions of ApprovalThe Commission, or the Council on appeal, in granting a Planned Unit Development mayestablish conditions under which a lot or parcel of land may be used or a building erectedand/or altered, or make requirements as to right-of-way dedications, design, height ofbuildings, open spaces, parking areas, landscaping, or make any requirement that theCommission may consider necessary to carry out the purpose of this article and preventdamages or prejudice to adjacent properties or detriment to the welfare of the community.(I)Public HearingsPublic hearing shall be held and governed by the provisions of Section 9804 of thischapter.(J)AppealsAppeals shall be governed by the provisions of Section 9806 of this chapter.(K)Force of Conditions of ApprovalAny restriction or condition required by the Commission, or the Council on appeal, in thegranting of a Planned Unit Development under the provisions of this section shall becomplied with. If such conditions are not met or if the use permitted is discontinued for aperiod of one (1) year or more, the Commission shall hold a public hearing in the samemanner as set forth in Section 9804 of this chapter to determine if the Planned UnitDevelopment should be revoked.Upon the revocation of a Planned Unit Development, the further use of the property, orthe maintenance of any building constructed thereon, by authority of such permit shallconstitute a violation of this article.9.8-31

MUNICIPAL CODE ARTICLE IX – LAND USE9822.04 9822.04(L)VoidingEach Planned Unit Development Permit granted under the provisions of this section shallbe subject to revocation, unless one of the following applies:(1) The construction authorized by such permit has been submitted to plan checkwithin one (1) year after the granting of such permit and pursued diligently tocompletion;(2) The occupancy of land or buildings authorized by such permit has taken placewithin one (1) year after the granting of such permit ; and(3) The periods of time set forth in Sections 9822.04(L)(1) and 9822.04(L)(2) havebeen extended by the Commission upon a written request by the applicantshowing cause why such extension is necessary. In no case shall the extensionexceed one (1) year.(M)RevocationAny Planned Unit Development permit, or portion thereof, may be revoked by the sameprocedure applicable to the approval of a Planned Unit Development.(N)Compliance(1) After the issuance of a Planned Unit Development permit, no use or improvementshall be established, changed, or altered, except in strict conformity with thepermit issued, including the conditions, regulations, or requirements attached.(2) After the issuance of such permit, no use or improvement shall be established, oraltered in a manner which would not comply with the regulations of the basezone, except for modifications authorized by the permit, unless all developmenton the parcels covered by the permit is in strict conformity with the permit issuedand all conditions.(3) It shall be the duty of the City Planner to ensure that all structures and otherimprovements are undertaken in conformance with the approved developmentplan.(4) Upon the completion of all proposed construction and the final approval of anyrequired division of land, the Planned Unit Development permit shall beconsidered approved and final.9.8-32

MUNICIPAL CODE ARTICLE IX – LAND USE9822.06 9822.08(O)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(P)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.Section 9822.06. Findings.The Commission shall review the application and all aspects of the proposed Planned UnitDevelopment for its conformance with the intent and purpose of this section and compliancewith all applicable development standards. The Commission may approve, approve withconditions, or deny the application.In taking action, the Commission, as the case may be, shall specify findings in support of thedecision. The findings for approval shall include the following:(A)(B)(C)(D)(E)That the proposed development is in conformance with the intent and purpose of thePlanned Unit Development section and the General Plan;That the development will not adversely affect adjoining land uses or the general health,safety, or welfare of persons residing or working in the neighborhood; andThe development will not cause undue impacts on traffic circulation or safety.The Planned Unit Development meets the overall requirements of this article.The development site and overall density meets the gross requirements of this article.A copy of the determination and written findings of fact shall be kept on file in the City Plannerand be mailed to the applicant.Section 9822.08. Phasing.If the sequence of construction of various portions of the development is to occur in phases, thedevelopment standards and amenities shall be provided in proportion to those required for theentire development during any given phase of the construction as approved by the Commission.In addition, the permitted number of dwelling units per acre of developed land shall at no timeexceed the overall density per acre established by the applicable zone.9.8-33

MUNICIPAL CODE ARTICLE IX – LAND USE9824 9824.04SECTION 9824. CONDITIONAL USE PERMIT.Section 9824.02. Intent and Purpose.The purpose of the Conditional Use Permit is to review the location, site development, and/orconduct of certain land uses. These uses generally have a unique and distinct impact on the areain which they are located or are capable of creating special problems for adjacent propertiesunless given special review and special conditions. Conditional Use Permits may be granted atthe discretion of the Commission and are not the automatic right of any applicant.Section 9824.04. Procedure.Figure 9.8.8 illustrates the process described below.(A)InitiationConditional Use Permits may be initiated by the owner, owners, or their authorizedagents of property in the City, but only where the use is authorized as a Conditional UsePermit in the zone in which the property lies.(B)ApplicationThe applicant shall submit an application to the City Planner with the number of prints ofthe plans specified by the City Planner, together with a filing fee, in accordance with aschedule established by resolution of the Council. The contents of the Conditional UsePermit application shall be specified by the City Planner.(C)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationsThe City Planner shall investigate the facts bearing on each application for a ConditionalUse Permit to provide the necessary information for action consistent with the intent andpurpose of this chapter.9.8-34

MUNICIPAL CODE ARTICLE IX – LAND USE9824.04 9824.04ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerCity Planner undertakesenvironmental review perSection 9812Applicationdeemed completeby City PlannerNO APPEALCommission considers CUP atPublic Hearing; Commission actsto:• Approve• Approve with conditions• DenyAPPEALDecisionFinalSee Section 9806 fordescription of appealsprocessFigure 9.8.8. Process for Conditional Use Permit9.8-35

MUNICIPAL CODE ARTICLE IX – LAND USE9824.04 9824.04(F)Conditions of ApprovalThe Commission, or the Council on appeal, in granting a Conditional Use Permit mayestablish conditions under which a lot or parcel of land may be used or a building erectedand/or altered, or make requirements as to right-of-way dedications, design, height ofbuildings, open spaces, parking areas, landscaping, and conditions of operation of anyenterprise, or make any requirement that the Commission may consider necessary tocarry out the purpose of this article and prevent damages or prejudice to adjacentproperties or detriment to the welfare of the community.(G)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(H)AppealAppeals shall be governed by the provisions of Section 9806 of this chapter.(I)Force of Conditions of ApprovalAny restriction or condition required by the Commission, or the Council on appeal, in thegranting of a Conditional Use Permit under the provisions of this section shall becomplied with. If such conditions are not met or if the use permitted is discontinued for aperiod of one (1) year or more, the Commission shall hold a public hearing in the samemanner as set forth in Section 9804 of this chapter to determine if the Conditional UsePermit should be revoked.Upon the revocation of a Conditional Use Permit, the further use of the property, or themaintenance of any building constructed thereon, by authority of such permit shallconstitute a violation of this article.(J)VoidingEach Conditional Use Permit granted under the provisions of this section shall be subjectto revocation, unless one of the following applies:(1) The construction authorized by such Conditional Use Permit has been submittedto plan check within one (1) year after the granting of such Conditional UsePermit and pursued diligently to completion;(2) The occupancy of land or buildings authorized by such Conditional Use Permithas taken place within one (1) year after the granting of such Conditional UsePermit; and9.8-36

MUNICIPAL CODE ARTICLE IX – LAND USE9824.06 9824.06(3) The periods of time set forth in Sections 9824.04(J)(1) and 9824.04(J)(2) havebeen extended by the Commission upon a written request by the applicantshowing cause why such extension is necessary. In no case shall the extensionexceed one (1) year.(K)RevocationThe provisions of Section 9828 of this chapter shall apply.(L)Administration(1) All acts of the Commission under this section shall be construed as administrativeacts performed for the purpose of ensuring that the intent and purpose of thischapter shall apply in special cases, as provided in this section, and shall not beconstrued as amendments to the provisions of this article or to the Zoning Map.(2) Where there is a substantial change from the original site plan, such plan shall bereferred to the Commission for action under the procedures of Section 9820 ofthis chapter. No modification to the conditions of the original approval grantingthe Conditional Use Permit shall be permitted without the approval of theCommission.(M)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(N)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.Section 9824.06. Findings.Before a Conditional Use Permit may be granted, the Commission, or the Council on appeal,shall make a finding from the evidence as submitted that all four (4) of the following conditionsexist in reference to the property being considered:(A)(B)That the requested Conditional Use Permit will not adversely affect the intent andpurpose of this article or the City’s General Plan or the public convenience or generalwelfare of persons residing or working in the neighborhood thereof;That the requested use will not adversely affect the adjoining land uses and the growthand development of the area in which it is proposed to be located;9.8-37

MUNICIPAL CODE ARTICLE IX – LAND USE9826 9826.06(C)(D)That the size and shape of the site proposed for the use is adequate to allow the fulldevelopment of the proposed use in a manner not detrimental to the particular area; andThat the traffic generated by the proposed use will not impose an undue burden upon thestreets and highways in the area.SECTION 9826. VARIANCE.Section 9826.02. Intent and Purpose.The purpose of this section is to provide a process for resolving practical difficulties or unduephysical hardships that may result from the size, shape, dimensions of a site or the location ofexisting structures thereon; from geographic, exceptional topographic, or other physicalconditions on the site or in the immediate vicinity.Section 9826.04. Limitations.(A)(B)(C)No variance shall be granted which would have the effect of granting a special privilegeinconsistent with the limitations upon other properties in the vicinity and zone in whichthe subject property is situated.No variance shall be granted which would have the effect of authorizing a use that isotherwise not authorized by this article.The nonconforming use of neighboring lands, structures, or buildings in the same districtor the nonconforming use of lands, structures, or buildings in other districts, or thegranting of a variance on another property shall not be considered grounds for theissuance of a variance.Section 9826.06. Procedures.Figure 9.8.9 illustrates the process described below.(A)InitiationA variance consistent with the purposes of this section may be initiated by an applicationof the owner, owners, or their authorized agents of the property to which the variance isto apply or by any party who is or will be the plaintiff in an action in eminent domain toacquire the premises involved.9.8-38

MUNICIPAL CODE ARTICLE IX – LAND USE9826.06 9826.06ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerCity Planner undertakesenvironmental review perSection 9812Applicationdeemed completeby City PlannerNO APPEALCommission considers varianceapplication at public hearing;Commission acts to:• Approve• Approve with conditions• DenyAPPEALDecisionFinalSee Section 9806 fordescription of appealsprocessFigure 9.8.9. Process for Variance9.8-39

MUNICIPAL CODE ARTICLE IX – LAND USE9826.06 9826.06(B)ApplicationThe applicant shall submit an application to the City Planner with the number of prints ofthe plans specified by the City Planner, together with a filing fee, in accordance with aschedule established by resolution of the Council. The contents of the varianceapplication shall be specified by the City Planner.(C)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationsThe Commission shall investigate the facts bearing on each case to provide the necessaryinformation for action consistent with the intent and purpose of this chapter.(F)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(G)DeterminationThe Commission shall approve the application, approve with modifications, or deny theapplication. All decisions of the Commission shall be final unless modified or denied bythe Council on appeal.(H)AppealAppeals shall be held and governed by the provisions of Section 9806 of this chapter.(I)Conditions of ApprovalThe Commission, or the Council on appeal, in granting a variance may establishconditions under which a lot or parcel of land may be used or a building erected and/or9.8-40

MUNICIPAL CODE ARTICLE IX – LAND USE9826.06 9826.06altered, or make requirements as to right-of-way dedications, design, height of buildings,open spaces, parking areas, landscaping, and conditions of any enterprise, or make anyrequirement that the Commission, or the Council on appeal, may consider necessary tocarry out the provisions of this article, and prevent damages or prejudice to adjacentproperties or detriment to the welfare of the community.(J)Force of Conditions of ApprovalAny restriction or condition required by the Commission, or the Council on appeal, in thegranting of a variance under the provisions of this article shall be complied with. If suchconditions or requirements are not met or if the use permitted is discontinued for a periodof one (1) year or more, the Commission shall hold a public hearing in the same manneras set forth in Section 9804 of this chapter to determine if the variance should be revoked.Upon the revocation of a variance, the further use of the property, or the maintenance ofany building constructed thereon, by authority of such variance shall constitute aviolation of this article.(K)Voiding of VarianceEach variance granted under the provisions of this section shall be subject to revocation,unless one of the following applies:(1) The construction authorized by such variance has been submitted to plan checkwithin one (1) year after the granting of the variance and pursued diligently tocompletion;(2) The occupancy of land or buildings authorized by the variance has taken placewithin one (1) year after the granting of the variance; and(3) The periods of time set forth in Sections 9826.06(K)(1) and 9826.06(K)(2) havebeen extended by the Commission, but in no case shall the extension exceed one(1) year.(L)RevocationThe Commission, after notice and a public hearing, may revoke any variance granted fornoncompliance with any of the conditions set forth in granting such variance. TheCommission shall hold a public hearing in the same manner as set forth in Section 9804of this chapter.(M)Administration(1) All acts of the Commission under this section shall be construed as administrativeacts performed for the purpose of ensuring that the intent and purpose of this9.8-41

MUNICIPAL CODE ARTICLE IX – LAND USE9826.08 9826.08article shall apply in special cases, as provided in this section, and shall not beconstrued as amendments to the provisions of this article or to the Zoning Map.(2) The site plans submitted with an application, together with the conditions, if any,required by the Commission and/or Council shall be kept on file in the Office ofthe City Planner and shall be referred to prior to issuing a building permit. Wherethere is a substantial change from the original site plans, such plans shall bereferred to the Commission for action under the procedures of Section 9820 ofthis chapter. No modification to the conditions of the original resolution grantingthe variance shall be permitted without a public hearing as required by Section9804 of this chapter. In case of such a hearing, a new application, filing fee, andprocedure shall be required.(N)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(O)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.Section 9826.08. Findings.(A)Before a variance may be granted, the Commission, or the Council on appeal, shall makefindings from the evidence as submitted that all six (6) of the following conditions existin reference to the property being considered:(1) That exceptional or extraordinary conditions or circumstances exist which arepeculiar to the land, structure, or building involved and which are not generallyapplicable to other lands, structures, or buildings in the same vicinity and zone;(2) That the literal interpretation of the provisions of this article would deprive theapplicant of rights under the terms of this article commonly enjoyed by otherproperties in the same vicinity and zone in which the property is located;(3) That exceptional or extraordinary conditions or circumstances do not result fromthe actions of the applicant;(4) That granting the variance requested will not confer on the applicant any specialprivilege that is denied by this chapter to other lands, structures, or buildings inthe same vicinity and zone in which the property is located;9.8-42

MUNICIPAL CODE ARTICLE IX – LAND USE9826.10 9828.06(5) That the granting of such variance will be in harmony and not adversely affect theGeneral Plan of the City; and(6) That the reasons set forth in the application justify the granting of the varianceand that the variance is the minimum variance that will make possible thereasonable use of the land, building, or structure.Section 9826.10. Existing Variances.Any modification granted pursuant to any zoning ordinance enacted prior to the effective date ofthis article, shall be construed to be a variance under this article subject to all the conditionsimposed on such variance, unless otherwise provided in this article. Such variance, however,may be revoked or voided as provided in Sections 9826.06(K) and 9826.06(L) of this chapter.SECTION 9828.REVOCATION AND MODIFICATION OF USE PERMIT ANDVARIANCE.Section 9828.02. Intent and Purpose.These regulations are intended to provide a procedure for the orderly and lawful revocationand/or modification of a permit or variance granted pursuant to the provisions of this article.Section 9828.04. Applicability.These provisions shall govern the revocation and/or modification of any permit or variancegranted under the terms of this article, and such provisions shall be applicable to site and designplan approvals and similar use determinations.Section 9828.06. Procedure.(A)InitiationA written request for the revocation or modification of a permit or variance shall be madeby the property owner(s) or their agent, original applicant, the City Planner, Commission,or Council. Upon determination by the City Planner that there are reasonable grounds forthe revocation and/or modification of any permit or variance, a hearing shall be scheduledfor consideration before the Commission.(B)Notice and Public HearingNotice of a public hearing shall be provided and a public hearing shall be held andgoverned by the provisions of Section 9804 of this chapter.9.8-43

MUNICIPAL CODE ARTICLE IX – LAND USE9830 9830.02(C)FindingsAny permit or variance, or any of the terms and conditions thereof, granted under theterms of this chapter, may be revoked or modified by a majority vote of the Commission,or Council on appeal, members present at the public hearing upon finding any one of thefollowing to be true:(1) That the use is being operated in a manner that is detrimental to the public health,safety, welfare, and public convenience or is a public nuisance;(2) That the permit or variance was obtained by fraud;(3) That the use for which the permit or variance was granted is not being exercised;(4) That the use is being conducted in violation of the terms and conditions of thepermit or variance or in violation of any statute, ordinance, law, or regulation;(5) That the use for which the permit or variance was granted has ceased or has beensuspended for one (1) year or more; and(6) That the time period for which the permit or variance was granted has lapsed orbeen violated.(D)DeterminationAfter such hearing, the Commission, or Council on appeal, shall make a finding of factsand render its determination to revoke, or modify, or allow to remain unchanged thepermit or variance in question by formal resolution.(E)AppealAppeals shall be governed by the provisions of Section 9806 of this chapter.SECTION 9830. ZONE CHANGE.Section 9830.02. Intent and Purpose.This section is intended to allow for a change in the boundaries of the zones on the Zoning Mapwhenever required by the public necessity, general welfare, or to further implement the generalintent and purpose of this article and the General Plan of the City. California Government CodeSection 65853 allows changes to the zone on any parcel(s) within the City. This section providesthe local procedures by which such changes may be initiated, processed, heard and determined.9.8-44

MUNICIPAL CODE ARTICLE IX – LAND USE9830.04 9830.04Section 9830.04. Procedure.Figure 9.8.10 illustrates the process described below.(A)InitiationChange of any property from one zone to another (zone change) may be initiated asfollows:(1) By motion of either the Council or Commission; or(2) By the verified application of the owner or owners or their authorized agents of allthe property proposed to be changed from one zone to another.(B)ApplicationsThe applicant shall submit an application to the City Planner together with a filing fee, inaccordance with a schedule established by resolution of the Council. The contents of theapplication shall be specified by the City Planner.(C)CompletenessOnce an application is received, the application will be reviewed for completeness by theCity Planner. If the City Planner finds the application to be complete, then theapplication shall be processed by the Commission. If the application is found to beincomplete, the City Planner will notify the applicant in writing within thirty (30) days,indicating what additional information is required to complete the application. Theapplication will not be processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationsThe City Planner shall make an investigation of facts on applications for zone changes toensure that the action on each application is consistent with the intent and purpose of thisarticle. A staff report with recommendations and the basis for the recommendations shallbe made public prior to, or at the beginning of the Commission hearing and shall beincluded in the record of the hearing.(F)Public HearingsPublic hearings on zone change requests and amendments to the text of this article shallbe held and governed by the provisions of Section 9804 of this chapter.9.8-45

MUNICIPAL CODE ARTICLE IX – LAND USE9830.04 9830.04Zoning Map or Zone Change initiatedby Council, Commission, or PropertyOwners of property proposed to bechangedApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerCity Planner undertakesenvironmental review perSection 9812Applicationdeemed completeby City PlannerCommission recommends Council:• Approve• DenyCommission shall reviewmodifications referred bythe Council. Commissionforwards recommendationto Council. Council mayact withoutrecommendation if norecommendation received.RemandedCouncil acts to*:• Approve• Deny• Remand back to Commission formodificationDecisionFinal UnlessRemanded* Zone changes and changes to the Official Zoning Map shall be adopted by Ordinance.Figure 9.8.10. Process for Zone Change9.8-46

MUNICIPAL CODE ARTICLE IX – LAND USE9830.06 9830.06(G)Commission DutiesThe Commission shall make a recommendation to the Council to approve or deny theapplication. If the Council proposes substantial modifications not previously considered,the Commission shall consider and forward a recommendation to the Council on thosemodifications. Failure to respond shall be deemed approval of the modifications and theCouncil may act with the recommendation.(H)AppealsNo appeal of a zoning text amendment decision shall occur.(I)ReapplicationReapplication procedures for zone changes shall be in accordance with Section 9808 ofthis chapter.(J)Application WithdrawalApplication withdrawal procedures for zone changes shall be in accordance with Section9810 of this chapter.Section 9830.06. Findings.The Commission, prior to making written recommendations to the Council, and the Council priorto approving a Zone Change shall make all of the following findings:(A)(B)(C)(D)(E)That the zone change is necessary and desirable for the development of the community inharmony with the objectives of the General Plan and this chapter and is in the interests orfurtherance of the public health, safety, and general welfare;That the zone change will be compatible and complementary to existing conditions andadjoining property in the surrounding area;That the site is adequate in size to accommodate the uses permitted in the zone requestedand that all applicable property development standards can be complied with;That the site properly relates to streets and highways designed and fully improved tocarry the type and quantity of traffic that is expected to be generated in the area and thatutilities exist or are planned which will adequately serve the property as rezoned; andThat the proposed zone change is in general conformance with the General Plan andGeneral Plan land use designation for the parcel.9.8-47

MUNICIPAL CODE ARTICLE IX – LAND USE9830.08 9832.04Section 9830.08. Enactment of Ordinances.Any amendment which changes any property from one zone to another shall be adopted byordinance and only after the required hearings have been held and the procedures specified inthis chapter have been followed.SECTION 9832. ZONING TEXT AMENDMENT.Section 9832.02. Intent and Purpose.This section is intended to provide for and authorize the amendment of this article wheneverrequired by the public necessity, general welfare, or to further implement the general intent andpurpose of this article and the General Plan of the City. This section also provides theprocedures by which such amendments may be initiated, processed, heard, and determined.Section 9832.04. Procedure.Figure 9.8.11 illustrates the process described below.(A)InitiationAmendments to the text of this article may be initiated by motion of either the Council orCommission.(B)Environmental ReviewThe City Planner shall investigate the proposal for compliance with CEQA.(C)InvestigationThe City Planner shall make an investigation of facts on the proposed zoning textamendment. A staff report with recommendations and the basis for the recommendationsshall be made public prior to, or at the beginning of the Commission hearing and shall beincluded in the record of the hearing.(D)Commission DutiesThe Commission shall make a recommendation to the Council to approve or deny theproposed amendment. If the Council proposes substantial modifications not previouslyconsidered, the Commission shall consider and forward a recommendation to the Councilon those modifications. Failure to respond shall be deemed approval of the modificationsand the Council may act with the recommendation.9.8-48

MUNICIPAL CODE ARTICLE IX – LAND USE9832.04 9832.04Amendments to this article initiated byCouncil or CommissionCity Planner undertakes environmentalreview per Section 9812, analyzesapplication for consistency with General Planand content requirements. City Plannerprepares written report recommending thatthe Commission:• Approve• Approve with modifications or conditions• DenyCommission recommends Council:• Approve• DenyCommission shall reviewmodifications referred bythe Council. Commissionforwards recommendationto Council. Council mayact withoutrecommendation if norecommendation received.RemandedCouncil acts to*:• Approve• Deny• Remand back to Commission formodificationDecisionFinal UnlessRemanded* Amendments to the zoning text shall be made by Ordinance.Figure 9.8.11. Process for Zoning Text Amendment9.8-49

MUNICIPAL CODE ARTICLE IX – LAND USE9832.06 9834.06(E)AppealsNo appeal of a zoning text amendment decision shall occur.(F)Public HearingsPublic hearings on zone change requests and amendments to the text of this article shallbe held and governed by the provisions of Section 9804 of this chapter.Section 9832.06. Findings.The Commission, prior to making written recommendations to the Council, and the Council priorto approving an amendment to this article shall make all of the following findings:(A)(B)That the requested amendment is necessary and desirable for the development of thecommunity and is in the interests or furtherance of the public health, safety, and generalwelfare; andThat the proposed amendment is in general conformance with the General Plan.Section 9832.08. Enactment of Ordinances.Any amendment which adds, deletes, or changes the text of this article shall be adopted byordinance and only after the required hearings have been held and the procedures specified inthis chapter have been followed.SECTION 9834. GENERAL PLAN AMENDMENT.Section 9834.02. Intent and Purpose.The purpose of this section is to provide a process to amend the City’s General Plan.Government Code Section 65358 allows for amendments and modifications to the City’s GeneralPlan.Section 9834.04. Frequency.Pursuant to Government Code Section 65358, no mandatory element of the General Plan may beamended more frequently than four (4) times during any calendar year. Subject to thatlimitation, an amendment may be made at any time and may include more than one (1) change tothe General Plan.9.8-50

MUNICIPAL CODE ARTICLE IX – LAND USE9834.06 9834.06Section 9834.06. Procedure.Figure 9.8.12 illustrates the process described below.(A)InitiationAmendments to the General Plan may be initiated by motion of either the Council orCommission.(B)Environmental ReviewThe City Planner shall investigate the proposal for compliance with CEQA.(C)InvestigationThe City Planner shall make an investigation of facts on the proposed General PlanAmendment. A staff report with recommendations and the basis for therecommendations shall be made public prior to, or at the beginning of the Commissionhearing and shall be included in the record of the hearing.(D)Commission DutiesThe Commission shall make a recommendation to the Council, in the form of an adoptedresolution, to approve, approve with modifications, or deny the proposed General PlanAmendment.If the Council proposes substantial modifications not previously considered by theCommission, the Council shall refer the matter back to the Commission for consideration.The Commission shall then consider and forward a recommendation to the Council onthose modifications. Failure to respond shall be deemed approval of the modificationsand the Council may act with the recommendation.(E)AppealsNo appeal of a General Plan Amendment decision shall occur.(F)Public HearingsPublic hearings on General Plan Amendments shall be held and governed by theprovisions of Section 9804 of this chapter.9.8-51

MUNICIPAL CODE ARTICLE IX – LAND USE9834.08 9834.08General Plan Amendment initiated byCouncil or CommissionCity Planner undertakesenvironmental review perSection 9812.Commission recommends Council:• Approve• Approve with modifications• DenyRemandedCommission shall reviewmodifications referred bythe Council. Commissionforwards recommendationto Council. Council mayact withoutrecommendation if norecommendation received.Council acts to*:• Approve• Deny• Remand back to Commission formodificationDecisionFinal UnlessRemanded* General Plan Amendments shall be adopted by Ordinance.Figure 9.8.12. Process for General Plan Amendment9.8-52

MUNICIPAL CODE ARTICLE IX – LAND USE9834.08 9836.04Section 9834.08. Findings.In acting to approve an amendment to the General Plan, the Council shall be required to makethe following findings:(A)ConsistencyThat the proposed General Plan Amendment is consistent with all other goals, policies,programs, and land uses of applicable elements of the General Plan.(B)Adverse EffectsThat the proposed General Plan Amendment will not adversely affect surroundingproperties or the surrounding environment.(C)Public Health, Safety and WelfareThat the proposed General Plan Amendment promotes the public health, safety, andgeneral welfare and serves the goals and purposes of this article.(D)ConflictsThat the proposed General Plan Amendment will not conflict with provisions of thisarticle, including the City’s subdivision ordinance.SECTION 9836. SPECIFIC PLAN.Section 9836.02. Intent and Purpose.The purpose of this section is to provide a process for the development, adoption, andamendment of a Specific Plan. The Specific Plan provides a means to establish more specificland use regulations and design standards for properties requiring special attention and treatment.A Specific Plan serves as a policy and regulatory document, with policy direction and projectdevelopment concepts consistent with the General Plan. The Specific Plan shall be consistentwith State law regulating Specific Plans, and in particular, Article 8 of Chapter 3 of theCalifornia Government Code, commencing with Section 65450 as may be subsequently amendedby the State.Section 9836.04. Applicability.(A)A Specific Plan is required for development and improvements in any areas shown on theZoning Map as “Specific Plan (SP).”9.8-53

MUNICIPAL CODE ARTICLE IX – LAND USE9836.06 9836.06(B)(C)(D)(E)The City Planner may require a Specific Plan be prepared for any development orredevelopment activity proposed on a site ten (10) acres or more in size pursuant to therequirements of this section.Mixed use projects of ten (10) acres or more in size shall require a Specific Plan pursuantto the requirements of this section.At the discretion of the Council, specific plans may be prepared by the City or by personsrepresenting affected property owners.Once adopted, the Specific Plan establishes the new zoning standards, regulations, andland uses for the area covered by the Specific Plan.Section 9836.06. Procedures.Figure 9.8.13 illustrates the process described below.Where required by this article, Specific Plan review is to be conducted by the Commission andCouncil following the City Planner’s review and recommendation to the Commission. TheCommission considers the application and forwards a recommendation to the Council, which hasfinal decision-making authority.(A)Initiation(1) A Specific Plan consistent with the purposes of this section may be initiated by anapplication of the owner, owners, or their authorized agents of the property towhich the Specific Plan is to apply or by any party who is or will be the plaintiffin an action in eminent domain to acquire the premises involved.(2) To ensure long-term consistency with the General Plan, the City may also initiatethe preparation and/or amendment of a Specific Plan.(B)ApplicationAn application for a Specific Plan shall be filed by the owner of the property for whichthe Specific Plan is sought or by the agent of the owner who is duly authorized in writing.If an application involves more than one (1) property with different ownership, a mapidentifying the extent of the ownership of those properties shall be submitted with theapplication. An application fee shall be paid in accordance with a schedule establishedby resolution of the Council.9.8-54

MUNICIPAL CODE ARTICLE IX – LAND USE9836.06 9836.06ApplicationFiledApplication deemedincomplete by CityPlanner; returned foradditionalinformationApplication reviewed forcompleteness by City PlannerApplicationdeemed completeby City PlannerCity Planner undertakes environmentalreview per Section 9812, analyzesapplication for consistency with General Planand content requirements. City Plannerprepares written report recommending thatthe Commission:• Approve• Approve with modifications or conditions• DenyCommission recommends Council:• Approve• DenyCommission shall reviewmodifications referred bythe Council. Commissionforwards recommendationto Council. Council mayact withoutrecommendation if norecommendation received.RemandedCouncil acts to*:• Approve• Deny• Remand back to Commission formodificationDecisionFinal UnlessRemanded* Specific Plans shall be adopted by ordinance.Figure 9.8.13. Process for Specific Plan9.8-55

MUNICIPAL CODE ARTICLE IX – LAND USE9836.06 9836.06(C)CompletenessOnce an application is received by the City Planner, the application will be reviewed forcompleteness. If the City Planner finds the application to be complete, then theapplication shall be processed. If the application is found to be incomplete, the CityPlanner will notify the applicant in writing within thirty (30) days, indicating whatadditional information is required to complete the application. The application will notbe processed until that information is received by the City Planner.(D)Environmental ReviewThe City Planner shall investigate the application for compliance with CEQA.(E)Investigation of ApplicationThe City Planner shall investigate the facts bearing on each application for a SpecificPlan to provide the necessary information for action consistent with the intent andpurpose of this chapter. In particular the City Planner shall investigate and make awritten report determining whether the proposed application meets(1) The consistency requirements and Specific Plan content requirements as outlinedin this section; and(2) The general requirements and intent of this chapter.(F)ConsistencySpecific Plans shall be consistent with the General Plan. Following adoption of aSpecific Plan, development and uses of land, subdivisions (including tentative tract andparcel maps), public works projects, and development agreements shall be consistentwith the Specific Plan.(G)Public HearingsPublic hearings shall be held and governed by the provisions of Section 9804 of thischapter.(H)AppealNo appeal of Specific Plans shall occur.9.8-56

MUNICIPAL CODE ARTICLE IX – LAND USE9836.08 9836.08(I)ModificationsIf the Council proposes any substantial modification to the Specific Plan not previouslyconsidered by the Commission, the Council shall refer the matter back to the Commissionfor consideration.(J)AmendmentsAny amendment to an adopted Specific Plan shall be processed in the same manner as anapplication for original approval of the Specific Plan. A Specific Plan may be amendedas often as deemed necessary by the Council.(K)RepealA Specific Plan may be repealed in the same manner as it is required to be amended.(L)ViolationViolation of the requirements of a Specific Plan adopted by the Council constitutes aviolation of this article.(M)ReapplicationReapplication procedures shall be in accordance with Section 9808 of this chapter.(N)Application WithdrawalApplication withdrawal procedures shall be in accordance with Section 9810 of thischapter.Section 9836.08. Content.A Specific Plan shall include a statement of its relationship and consistency with the GeneralPlan and compliance with Article 8 of Chapter 3 of the California Government Code,commencing with Section 65450 as may be subsequently amended by the State. The Citymaintains full authority and discretion to determine how a Specific Plan will be prepared. TheSpecific Plan must address, in text and diagrams, the following issues:(A)The existing uses of land within the planning area must be analyzed to determine theinfluence the land will have under the Specific Plan. Existing agriculture, floodplain,environmentally sensitive areas, slopes over ten (10) percent, seismic, sensitive biotic andwildlife communities may substantially affect the type of uses planned for the area. Landuses surrounding the planning area should also be analyzed and connections/9.8-57

MUNICIPAL CODE ARTICLE IX – LAND USE9836.10 9836.10transitions/buffers between uses designed to ensure compatibility with those usesidentified by the Specific Plan.(B)(C)(D)(E)(F)(G)The proposed distribution, location, intensity, and extent of the uses of land within theplanning area, including residential development, economic development,commercial/industrial development, parks, open space, lands to be dedicated for publicuse, and any easements to accommodate utilities or protect environmental resources.The proposed distribution, location, extent, and intensity of major infrastructurecomponents including public and private transportation (including pedestrian ways, bikepaths, bus turnouts, parking, public and private rights-of-way, and other transportationsystems), parks and recreational facilities (including provision of public access ways),sewage, water, drainage, solid waste disposal, energy, and other essential facilitiesproposed to be located within the planning area needed to support the land uses describedin the Plan.Development conditions and construction by which development will proceed (includingarchitectural design and landscape concepts) and standards for the conservation,development, and use of natural resources (including soils, vegetation and wildlifehabitats, water, energy) where applicable.Description of provisions to ensure compatibility with surrounding land uses andresources, addressing geologic and fire hazards.A program of implementation measures, including regulations, programs, public worksprojects, and financing measures necessary to carry out the provisions of the precedingrequirements.Any other subject that the City determines is necessary or desirable for General Planimplementation or to base its decision to approve a Specific Plan.Section 9836.10. Findings.The Commission, prior to making written recommendations to the Council, and the Council priorto approving or approving with conditions or modifications a Specific Plan or Specific Planamendment shall make all of the following findings:(A)(B)The proposed location of the development and proposed conditions under which it will beoperated or maintained is consistent with the goals and polices embodied in the GeneralPlan and other applicable plans and policies adopted by the Council.The proposed development is in accordance with the purposes and objectives of thisarticle and the zone in which the site is located.9.8-58

MUNICIPAL CODE ARTICLE IX – LAND USE9838 9838(C)(D)The development will not be detrimental to the public health, safety, or welfare ofpersons residing or working in or adjacent to such a development, nor detrimental toproperties or improvements in the vicinity or the general welfare of the City.The Specific Plan and resulting development will be consistent with the provisions ofArticle 8 of Chapter 3 of the California Government Code, commencing with Section65450 as may be subsequently amended by the State.SECTION 9838. PREZONING AND ANNEXATION.(A)(B)(C)Areas located outside of the City limits shall be assigned a prezoning designation prior toannexation to the City. Areas annexed into the City limits having a single General Planland use designation shall be prezoned in accordance with the General Plan designationfor the areas. Areas annexed into the City having a variety of General Plan land usedesignations shall be prezoned to the most restrictive zone in accordance with theGeneral Plan designation for the area. Prezoning shall be initiated by resolution of theCouncil, as provided in this article. The Zoning Map shall be amended to show the newCity limits and zone(s) of the annexed areas, as applicable.When annexed property is not prezoned, it shall be considered to be in the R-1-10,000(Single-Family Residential Zone) at the time of annexation, until otherwise classified. Insuch an instance, the Commission, within ninety (90) days after the date of thecertification of such annexation, shall initiate studies and hearings to determine theappropriate zoning for such property.Areas annexed to the City after the effective date of this article shall be placed in themost restrictive zone similar to the zoned use at the time of annexation (e.g., agriculturalor residential areas to be placed in R-1, 10,000, Single-Family Residential Zone,commercial areas to be placed in C-P Professional Office Zone, and industrial areas to beplaced in M-1 Light Manufacturing Zone) and shall remain in such zone until a land useplan for the area has been recommended by the Commission. The Commission shallrecommend such zoning to the Council within one (1) year after such annexationbecomes final. Nothing contained in this section, however, shall prevent the zoning ofsuch newly annexed territory, or the regulations applicable thereto, or the use thereinfrom being changed, modified, eliminated, or amended in the same manner as otherproperty within the City may be so affected by action of the Commission and Council.9.8-59

MUNICIPAL CODE ARTICLE IX – LAND USEThis page intentionally left blank.9.8-60