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HomeMy WebLinkAbout1015 - Ordinances ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MUNICIPAL CODE AMENDMENT DRC2022-00464 TO AMEND TITLE 17 OF THE MUNICIPAL CODE, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE, ADOPTING ZONING MAP AMENDMENT DRC2022-00466 APPLICABLE TO VARIOUS PROPERTIES LOCATED THROUGHOUT THE CITY, AND ADOPTING AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT (SCH NO. 2021050261) FOR THE GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga is proposing to amend existing development standards and create new development standards in order to better calibrate the Development Code to the vision of the General Plan and update the official Zoning Map to address technical zone changes. 2. The City is proposing to amend Title 17 of the Municipal Code and the official Zoning Map for certain properties that will be subject to zone reclassifications. The City has prepared two amendments for this purpose consisting of Municipal Code Amendment DRC2022- 00464 and Zoning Map Amendment DRC2022-00466, as described in the title of this Ordinance (hereafter referred to as the "Amendments"). 3. As shown in Exhibits "A" and "B," the Amendments propose to amend Title 17 of the Municipal Code to establish new and updated development standards for various Articles within Title 17 of the Municipal Code and to amend the official Zoning Map to incorporate the proposed zone reclassifications. 4. On December 13, 2022, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the Amendments and concluded said hearing on that date. 5. On January 18, 2023, the City Council conducted a duly noticed public hearing on the Amendments, and all interested persons were given an opportunity to present oral and written evidence regarding the Amendments and concluded said hearing on that date. 6. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. 2. Findings. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing on January 18, 2023, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: Ordinance No. 1015- Page 1 of 7 a. Per Section 17.22.040(C) of the Municipal Code, amendments to the Municipal Code and Zoning Map "may be approved only when the City Council finds that the amendment[s] are consistent with the General Plan goals, policies, and implementation programs." The proposed Amendments are consistent with the following Land Use Element and Housing Element policies: • Land Use LC-1.2: Quality of Place. "Ensure that new infill development is compatible with the existing, historic, and envisioned future character and scale of each neighborhood." • Land Use LC-1.4: Connectivity and Mobility. "Work to complete a network of pedestrian- and bike-friendly streets and trails, designed in concert with adjacent land uses, using the public realm to provide more access options." • Land Use LC-1.9: Infill Development. "Enable and encourage infill development within vacant and underutilized properties through Flexible design requirements and potential incentives." • Land Use LC-1.11: Compatible Development. "Allow flexibility in density and intensity to address specific site conditions and ensure compatibility of new development with adjacent context." • Housing H-1.3: Accessory Dwelling Units. "Facilitate the development of accessory dwelling units to provide additional housing opportunities pursuant to State law and established zoning regulations." • Housing H-5.1: Development Review Processes. "Consider new polices, codes, and procedures that have the potential to reduce procedural delays, provide information early in the development process regarding development costs, and charge only those fees necessary to adequately carry out needed public services and improvements." • Housing H-5.4: Development Standards. "Evaluate and adjust as appropriate residential development standards, regulations, and processing procedures that are determined to constrain housing development, particularly housing opportunities for lower and moderate income households and for persons with special needs." b. The Amendments identified herein have been processed, including, but not limited to, public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act("CEQA"). C. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City has prepared an addendum to the certified Final Environmental Impact Report("FEIR")(SCH#2021050261) prepared forthe General Plan Update and Climate Action Plan. The addendum concludes that the proposed Amendments do not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects beyond what was analyzed in the certified FEIR. No new information has become available and no substantial changes to the circumstances under which implementation of the General Plan has been undertaken since the certification of the FEIR have occurred. The proposed Amendments would not substantially increase the severity of effects relative to the environmental topics analyzed in the Certified FEIR, nor would the proposed Amendments require new mitigation measures or alternatives. Based on this evidence and all evidence in the record, the City Council concurs with the Planning Commission and Planning Ordinance No. 1015- Page 2 of 7 Department staffs determination that the Amendments will not have a significant effect on the environment and an addendum is the appropriate level of environmental review under CEQA.The City Council has considered the proposed addendum attached to the staff report accompanying the Amendments, along with the certified FEIR, and hereby adopts the addendum. d. The Amendments are consistent with the direction, goals, policies, and implementation programs of the General Plan, including without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan. e. Subject to the approval of the related amendments (General Plan Amendment DRC2022-00465) the Amendments do not conflict with the policies and provisions of the General Plan, Planned Community, Specific Plan, and/or Master Plan identified herein. f. The City Council finds that the Amendments serve the important purpose of providing sufficient development standards that will apply to various development types throughout the City and to better calibrate the Development Code and the official Zoning Map to the vision of the General Plan. The City Council further finds that the proposed Amendments protect the public health, safety, and welfare. g. The findings set forth in this Ordinance reflect the independent judgment of the City Council. 3. Determination on Municipal Code Amendment DRC2022-00464. Based on the findings set forth in this Ordinance and the totality of the administrative record before it, the City Council hereby approves Municipal Code Amendment DRC2022-00464 set forth in Exhibit "A," attached hereto and incorporated herein by reference. 4. Determination on Zoning Mao Amendment DRC2022-00466. Based on the findings set forth in this Ordinance and the totality of the administrative record before it, the City Council hereby approves Zoning Map Amendment DRC2022-00466 as set forth in Exhibit "B", attached hereto and incorporated herein by reference. The City Council hereby amends the official Zoning Map reflecting the amendments set forth in Exhibit B. For reference purposes, the updated official Zoning Map for Zoning Map Amendment DRC2022-00466 is also attached as Exhibit "C". 5. The City Council declares that, should any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fad that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within in the manner required by law. Ordinance No. 1015 - Page 3 of 7 PASSED, APPROVED, AND ADOPTED this 1$1 day of February, 2023. 9)1,67fini rsMichael, ayo ATTEST: t� C. eynolds, Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18" day of January 2023, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the I" day of February 2023. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 2nd day of February 2023, at Rancho Cucamonga, California. J e . Reynolds, Clerk Ordinance No. 1015 - Page 4 of 7 Exhibit A Due to file size, this exhibit can be accessed through the following link: Municipal Code Amendment Article II III IV V. VI VIII, IX Ordinance No. 1015- Page 5 of 7 ARTICLE It. LAND USE T PROCEDURES Chapter 17.12 LAND [JSE AND EVEL PME1 T APPROVAL REQ[JIREMENTS 17.12.010 Purpose. The purpose of this chapter is to establish the general requirements of this title for the review and approval of proposed development and new land uses in the city. (Code 1980, § 17.12.010; Ord.No. 855, § 4,2012) 17.12.020 Requirements for development and new land uses. All uses and structures shall be established,maintained, constructed,reconstructed, altered, or replaced in compliance with the following requirements: A. Allowed uses. The use of land shall be consistent with the allowed use regulations as follows: 1. Permanent uses. Article III (Zones, Allowed Uses, and Development Standards) and Article VIII (Form-Based Code) list the allowed uses and permit requirements for various land uses in each of the city's base zones and overlay zones. 2. Temporary uses. Temporary uses, such as construction yards, seasonal sales lots, and special events must comply with the requirements of chapter 17.104 (Temporary Uses). B. Permit and approval requirements. Any development or land use approval required by this title must be obtained before it is constructed or otherwise established unless exempt under section 17.12.030 (Additional Approvals May Be Required). C. Development standards. All uses and structures must comply with the development standards described in this title, including but not limited to chapters 17.34 (General Development Standards) and 17.38 (Overlay Zones) and articles IV (Site Development Provisions), V (Specific Use Requirements),VI(Special Planning Areas),VII(Design Standards and Guidelines),and VIII(Form- Based Code). In addition: 1. No structure shall be erected, maintained, converted, reconstructed, or structurally altered, nor shall any land be used for any purpose if such structure or use is not allowed in the zone in which the structure or land is located. 2. No structure shall be erected, maintained, reconstructed, or structurally altered to exceed the height or envelope or setback limit for the zone in which the structure is located. 3. No lot area shall be reduced or diminished to such an extent that the yard(s)or other open space(s) will be smaller than required by this title. 4. The required yard and/or open space around a structure or on a vacant parcel shall not be used to meet the yard or open space requirements for any other existing or proposed structure. 5. Every structure shall be located on a lot as defined by this title. D. Conditions of approval. The use of land and the construction of structures authorized by permits or entitlements granted by the city in accordance with the procedures provided by this title shall comply with any applicable conditions of approval imposed by the designated approving authority in approving the permit or entitlement, including any permit or entitlement that was approved prior to the effective date of this title or any amendments thereto. E. Legal parcel.The use of land or the construction of a new structure shall only be permitted on parcels that have been legally created in compliance with title 16 (Subdivisions) and the Subdivision Map Act as determined by the director of engineering services. Legal nonconforming parcels may be used or developed in compliance with chapter 17.62(Nonconforming Uses and Structures). F. Development agreements. All uses and structures shall comply with any applicable development agreement approved by the city in compliance with chapter 17.22(Entitlements Decided by the City Council). G. Building permits and other permits.The structures shall comply with the requirements for building permits and applicable city, county, regional, special district, state, or federal permits. (Code 1980, § 17.12.020; Ord.No. 855, § 4, 2012) 17.12.030 Additional approvals may be required. The establishment, operation, construction, or development of uses,properties, and structures may be subject to additional permitting and licensing requirements imposed by other sections of this code or applicable local, state,or federal laws. All applicable permits, licenses, or other approvals including, without limitation,building, grading, or other construction permits and business licenses, shall be obtained prior to the start of work or operations. This specifically includes building, grading,or other construction permits and business licenses, and permits/approvals of the Rancho Cucamonga Fire District. (Code 1980, § 17.12.030; Ord.No. 855, § 4,2012) 17.12.040 Reserved Chapter 17.14 GENERAL APPLICATION PROCESSING PROCEDURES 17.14.010 Purpose. The purpose of this chapter is to establish standard procedures necessary for the clear and consistent processing of land use and planning permits and entitlements. The purpose of this chapter is to establish procedures necessary for the efficient processing of planning and development applications and requests. (Code 1980, § 17.14.010; Ord.No. 855, § 4, 2012) 17.14.020 Application and fee. Applications pertaining to this title shall be submitted in writing to the planning director on a completed city application form designated for the particular request. Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by city council resolution to cover the cost of investigation and processing. Applications shall be submitted together with all plans,maps, and data about the proposed project development or land use entitlements requested,project site, and vicinity deemed necessary by the planning director to provide the approving authority with adequate information on which to base decisions. Each permit application checklist lists the minimum necessary submittal materials for that particular type of permit. (Code 1980, § 17.14.020; Ord.No. 855, § 4, 2012) 17.14.030 Determination of completeness. A. Application completeness. For development projects subject to the Permit Streamlining Act , the planning director shall determine whether or not the application is complete within 30 days of application submittal.The planning director shall notify the applicant of the determination that either: 1. All the submittal requirements have been satisfied and the application has been accepted as complete; or 2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with city standards and requirements. B. Application completeness without notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a development permit subject to the Permit Streamlining Act,the application shall be deemed complete for purposes of this chapter. C. Resubmittal.Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin during which the planning director shall determine the completeness of the application. Application completeness shall be determined as specified in section 17.14.030.A (Application Completeness). D. Incomplete application. If additional information or submittals are required and the application is not made complete within 60 days,or some greater period as determined by the planning director if a written request is submitted by the applicant,of the completeness determination letter,the application will be deemed to have been withdrawn and no action will be taken on the application.Unexpended fees, as determined by the planning director, will be returned to the applicant. If the applicant subsequently wishes to pursue the project,a new application,including fees,plans,exhibits,and other materials,must then be filed in compliance with this article. E. Right to appeal. The applicant may appeal the determination in accordance with section 17.14.070 (Appeals) and the Permit Streamlining Act (Government Code § 65943). (Code 1980, § 17.14.030; Ord.No. 855, § 4, 2012) 17.14.040 Application review and report. After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act(CEQA). The planning director will consult with other departments and committees as appropriate to ensure compliance with all provisions of this code and other adopted policies and plans. The planning director will prepare a report to the designated approving authority describing the project, and his or her recommendation to approve, conditionally approve, or deny the application. The report shall be provided to the applicant prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared. (Code 1980, § 17.14.040; Ord.No. 855, § 4, 2012) 17.14.050 Public hearing and public notice. A. Public hearing required.The following procedures shall govern the notice and public hearing,where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for conditional use permits, variances, major design review, tentative subdivision maps, master plans, specific plans, zoning code/map amendments, prezoning, development agreements, and general plan amendments considered by the planning commission or city council. B. Notice of hearing. Pursuant to Government Code §§ 65090 to 65094, not less than ten days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the city. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 660 feet of the exterior boundaries of the property involved in the application,using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the planning director based on the nature of the proposed project. If the number of owners exceeds 1,000, the city may,in lieu of mailed notice, provide notice by placing notice of at least one-eighth page in one newspaper of general circulation within the city.Notice of public hearing to authorize uses and activities in the Neo- Industrial (NI) and Industrial Employment (IE) industrial zones shall be mailed to persons owning property within 1,500 feet of the property lines of the project site. 3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets,roads, schools,or other essential facilities or services to the proposed project. 4. Notice of the public hearing shall be posted on the project site not more than 300 feet apart along the project perimeter fronting on improved public streets.If a project perimeter exceeds 300 feet in length on any street frontage, then multiple posted notices are required. 5. Notice of the public hearing shall be posted at city hall. 6. Notice of the public hearing shall be mailed to any person who has filed a written request for notice. 7. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable. C. Supplemental notice requirements. 1. Applicability. In addition to standard requirements, large four-foot by eight-foot sign or signs shall be required to be posted at the project site for development related projects in any one of the following circumstances: a. The proposed development is an project with a higher intensity land use than that of the existing neighborhood; or b. The proposed project requires a general plan land use amendment; or C. The proposed project requires an EIR; or d. As determined to be necessary and desirable by the planning director based on the nature of the proposed project. For large projects, the planning director may determine if more than one sign is necessary to inform the public of the project. 2. A cash deposit is required in an amount adopted by city council resolution to ensure compliance with the supplemental notification requirements including maintenance and removal of the large notification sign. 3. Sign criteria/maintenance. In order to implement the large signs as an effective form of public notification,the following rules and standards shall apply: a. Sign size and specifications. All large sign(s) shall be four feet by eight feet in size and be constructed to the specifications of Figure 17.14.050-1,below. The specific project information text on the sign shall be provided by the planning department. FIGURE 17.14.050-1 DESIGN OF LARGE NOTIFICATION SIGN NOILE F FILINGS 2'1 File o, "tree IWO I � PROPOSED DEVELOPMENT OF -1 "- SINGLE FAMILY HOMES 'A. Ace Developers F::.. $4, ............................._ '[ V I For Iftfonno0o4 onfact 01y,of Rxiicho Cucanionip's Plann0v t paritimil b. Location and installation standards. All large sign(s) shall be installed according to the specifications of Figure 17.14.050-2. The large four-foot by eight-foot signs shall be installed and spaced a minimum of 300 lineal feet apart,no more than three feet behind the property line closest to, and parallel to,the street, and clearly visible from the street. The exact spacing, location, and number of sign(s)on the project site shall be determined by the planning director as part of the sign permit. FIGURE 17.14.050-2 EXAMPLE OF LARGE NOTIFICATION SIGN SPECIFICATIONS Ili l � ! II dpu�'w II g I k Ild C. Timing. All large notification sign(s) shall be installed by the applicant at the project site in accordance with the above criteria. Once the project application is deemed complete and all notification sign(s)installed per city standards, the project will be scheduled for design review committee meetings. d. Sign removal and maintenance. All large sign(s) must be kept adequately maintained and remain in place until the final decision on the application has been made or the application is withdrawn. All large sign(s) shall be removed by the applicant within 14 days of the final decision or date of withdrawal. Failure to remove the sign within the prescribed period may result in forfeiture of the cash deposit and removal of the sign by the city. D. Requests for notification.Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the city clerk. The city may impose a reasonable fee for the purpose of recovering the cost of such notification. E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given. F. Hearing procedure.Hearings as provided for in this chapter shall be held at the date,time, and place for which notice has been given as required in this chapter. The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be re-noticed. (Code 1980, § 17.14.050; Ord.No. 855, § 4, 2012) 17.14.060 Approving authority. A. Designated approving authority. The approving authority as designated in Table 17.14.060-1 (Approving Authority for Land Use Entitlements) shall approve, conditionally approve, or deny the proposed land use, development permit or entitlement in accordance with the requirements of this title. Table 17.14.060-1 (Approving Authority for Land Use Entitlements) identifies recommending (R) and final (F) authorities for each permit or entitlement. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in section 17.14.070 (Appeals). B. Multiple entitlements. When a proposed project requires more than one permit with more than one approving authority,all pro]ect permits shall be processed concurrently,and final action shall be taken by the highest-level designated approving authority for all such requested permits. C. Referral to the planning commission. At any point in the application review process, the planning director may transfer decision making authority to the planning commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the planning commission shall be considered at a noticed public hearing. A referral to another decision-maker is not an appeal and requires no appeal application or fee. TABLE 17.14.060-1 REVIEW AND APPROVAL AUTHORITY Type ofPermit or Decision Designated Approving Authority "R" "Recommending Body" "F" "Final Decision-Makin Body" Planning HistoricPlanning City Preservation Director Commission Council Commission Official code interpretation F Plan check/zoning clearance F Home occupation permit F Sin permit F Temporary use permit F Tree removal permit F Uniform sin program F Similar use determination F Reasonable accommodation F Site development review F Minor exception F Minor use permit F Conditional use permit R F1 F1 Minor design review F Hillside development review F Mills Act R R F Landmark designation R R F Type of Permit or Decision Designated Approving Authority "R" "Recommending Body" "F" "Final Decision-Makin Body" Planning HistoricPlanning City Preservation Director Commission Council Commission Certificate of appropriateness R F Certificate of economic hardship R F Entertainment permit F Major Design review R F Variance R F2 F2 Adult entertainment permit R F Tentative subdivision ma (see title 16) R F Specific plan R R F Prezoning R R F Development Code/zoning map R R F amendment Development agreement R R F General plan amendment R R F Master plan R R F i Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area,in which case,the planning commission shall be the recommending body. 2 A variance from a development standard in the industrial zones requires approval by the city council,in which case the planning commission shall be the recommending body. 17.14.070 Appeals. A. Appeal authority. Any interested person may appeal any action of the planning director, historic preservation commission or planning commission made pursuant to this article to the designated appeal authority listed in Table 17.14.070-1 (Appeal Authority) within ten days from the date of the action. Actions by the city council are final and no further administrative appeals are available. TABLE 17.14.070-1 APPEAL AUTHORITY Approval Authority,for Action Being Appealed Appeal Authority Planning Commission City Council Planning director X Historic preservation commission X Planning commission X B. Filing an appeal. All appeals shall be submitted in writing, identifying the determination or action being appealed and specifically stating the basis or grounds of the appeal.Appeals shall be filed within ten days following the date of determination or action for which an appeal is made, accompanied by a filing fee established by city council resolution, and submitted to the city clerk. C. City councilmember appeal. A majority of the city council may appeal an action of the planning commission.If the city council makes an appeal,there shall be a presumption applied that the reason for the appeal is that the appealed action has significant and material effects on the quality of life within the city.Notwithstanding section 17.14.070.13 (Filing an Appeal), no other reason need be or shall be stated by the city council and no appeal fee shall be required. There shall be no presumption or inference of bias shall be made because of such an appeal. D. Notice and schedule of appeal hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within a reasonable time frame from the date of appeal submittal.Notice of hearing for the appeal shall be provided pursuant to noticing requirements of section 17.14.050 (Public Hearing and Public Notice). E. Appeal hearing and action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the appeal authority is final on the date of decision and may not be further appealed beyond the City Council level.(Code 1980, § 17.14.070; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013) 17.14.080 Effective date. Generally, the action to approve, conditionally approve, or deny a permit or entitlement authorized by this title shall be effective on the 1 lth day after the date of action,immediately following expiration of the ten-day appeal period. Legislative actions by the city council (e.g., zoning amendment, general plan amendment, specific plans, and development agreements)become effective 30 days from the date of final action if adopted by ordinance, 11 days from the date of final action if adopted by resolution, and may not be appealed.Permit(s) shall not be issued until the effective date of required permit. (Code 1980, § 17.14.080; Ord.No. 855, § 4, 2012) 17.14.090 Permit time limits, extensions, and expiration. A. Time limits.Unless a condition of approval or other provision of this title establishes a different time limit, any permit not exercised within two years of approval shall expire and become void, except where an extension of time is approved pursuant to this section. B. Exercising permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the planning director and the building official and incurred substantial liabilities in good faith reliance upon such permit(s).A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Unless otherwise provided, permits that have not been exercised prior to a zoning amendment,which would make the permitted use or structure nonconforming, shall automatically be deemed invalid on the effective date of the zoning amendment. C. Permit extensions. The approval of an extension extends the expiration date for two years from the original permit date. After this initial permit extension, a final one-year extension of time may be granted pursuant to the same process as set forth in this section. 1. Process. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur.Notice and/or public hearing shall be provided in the same manner as for the original permit.An application for extension shall be filed not less than 30 days prior to the expiration date of the permit,along with appropriate fees and application submittal materials. 2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. 3. Permit extension findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances or there has been diligent pursuit to exercise the permit that warrants such extension. 4. Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit expires. D. Permit expiration for a closed business.All permits and entitlements shall expire when a business is closed for more than 180 consecutive calendar days. Approval of new permits and entitlements based on current requirements shall be required prior to any business activity on the site. 17.14.100 Modification. A. Any person holding a permit granted under this title may request a modification to that permit. For the purpose of this section,the modification of a permit may include modification of the terms of the permit itself,project or site design, or the waiver or alteration of conditions imposed in the granting of the permit. B. If the planning director determines that a proposed project action is not in substantial conformance with the original approval,the planning director shall notify the property owner of the requirement to submit a permit modification application to the planning department. C. The planning director may review and approve the permit modification application provided the proposed modifications will not cause any of the following to occur: 1. A change in the character, scope, size,and/or intensity of the development and/oruse; 2. A significant increase in impacts on infrastructure or traffic on roadways adjacentto or external to the proposed development and/or use; 3. A change in the external impacts on adjacent property; and 4. A reduction in the originally approved setbacks from property lines or increase inbuilding or structure height. D. If the planning director determines that the provisions of subsection C above do not apply to the proposed permit modification , the same approving authority as the original permit shall review the permit modification application. E. A permit modification may be granted only when the approving authority makes all findings required for the original approval. 17.14.110 Revocation. This section provides procedures for the revocation of previously approved land use entitlements or permits. A. Consideration. The approving authority for the original entitlement or permit shall consider the revocation of same entitlement or permit. B. Noticed public hearing. The decision to revoke an entitlement or permit granted pursuant to the provisions of this title shall be considered at a noticed public hearing.Public notice shall be provided and public hearing conducted pursuant to section 17.14.050 (Public Hearing and Public Notice). C. Findings. A decision to revoke an entitlement or permit may be made if any one of the following findings can be made: 1. Circumstances under which the entitlement or permit was granted have been changed to a degree that one or more of the findings contained in the original entitlement or permit can no longer be met. 2. The entitlement or permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application,or in the evidence presented during the public hearing,for the entitlement or permit. 3. One or more of the conditions of the entitlement or permit have not been substantially fulfilled or have been violated. 4. The use or structure for which the entitlement or permit was granted has ceased to exist or has lost its legal nonconforming use status. 5. The improvement authorized in compliance with the entitlement or permit is in violation of any code, law, ordinance,regulation, or statute. 6. The improvement or use allowed by the entitlement or permit has become detrimental to the public health, safety, or welfare or the manner of operation constitutes or is creating a public nuisance. (Code 1980, § 17.14.110; Ord.No. 855, § 4,2012) 17.14.120 Reapplications. An application shall not be accepted or acted upon if within the past 12 months the city has denied an application for substantially the same project on substantially the same real property,unless the planning director finds one or more of the following circumstances to exist: A. New evidence.There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant. B. Substantial and permanent change of circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant's real property. C. Mistake at previous hearing.A mistake was made at the previous hearing that was a material factor in the denial of the previous application. (Code 1980, § 17.14.120; Ord.No. 855, § 4, 2012) Chapter 17.16 PLANNING DIRECTOR DECISIONS 17.16.010 Purpose and applicability. The purpose of this section is to establish procedures for planning and zoning related permits that are decided administratively by city staff or the planning director. Each permit and entitlement type is described in this article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in chapter 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Approving Authority for Land Use Entitlements)provides a summary of the administrative and planning director permits and entitlements and indicates whether the decision may be appealed. (Code 1980, § 17.16.010; Ord.No. 855, § 4, 2012) 17.16.020 Official Code interpretations. A. Purpose and applicability. The planning director may issue official code interpretation pursuant to this section when,in his or her opinion, the meaning or applicability of any provision of this Code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the planning director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. The planning director may issue an official interpretation or refer the question to the planning commission for a determination. B. Review process. 1. Official code interpretations shall be issued in writing and shall state the facts upon which the planning director relied to make the determination. 2. Records of interpretations and referral. The planning department shall keep records of the official determinations on file for future reference. (Code 1980, § 17.16.020; Ord.No. 855, § 4, 2012) 17.16.025 Director determination process (with notice). A. Purpose. Certain administrative permits and entitlements decided by the planning director require a notice to neighboring property owners. B. Applicability.Notice for director determination shall be provided for the following applications: 1. Tree removal permit(only if six or more trees). 2. Minor exceptions. 3. Minor use permits. C. Notice of application.Notice of an application for a tree removal permit for six or more trees,minor exceptions,and minor use permits,shall be given in compliance with the requirements of this section. The notice shall specify that the application will be decided by the city following an open public comment period where comment is received on or before a date specified in the notice which shall be ten days after the date of mailing. This notice shall also include an explanation of appeal rights. 1. Notice of the filing of an application for those applications identified in subsection B of this section shall be mailed to persons owning property within 660 feet of the property lines of the project site. 2. Notice of the filing of an application for a minor use permit to authorize uses and activities in the Neo-Industrial (NI) and Industrial Employment (IE) industrial zones shall be mailed to persons owning property within 1,500 feet of the property lines of the project site 3. Notice of the filing of an application for tree removal permits or minor exceptions shall be mailed to persons owning property adjacent to the project site. D. Decision. The director may approve, approve with conditions, or deny applications listed in this section. Decisions shall be based on standards and criteria set forth within this Code and shall be accompanied by brief, written findings and a determination. Planning director decisions listed in section 17.16.025.13 (Applicability) above may be appealed to the planning commission. 17.16.030 Plan check/zoning clearance. A. Purpose. The plan check/zoning clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this Code, using administrative procedures and a thorough but typically"over-the-counter"planning approvals for building permits,business licenses, and other city applications that requires approval from a different city department and can be processed by the planning department in a relatively short time period. B. Applicability.Plan check/zoning clearance is required for the following actions: I. All structures that require a building permit. 2. All planning entitlement and permit approvals to ensure compliance with applicable conditions of approval. 3. Other city applications that may be subject to the provisions of this title,including,but not limited to,business license, encroachment, and grading and improvement plans. C. Review process. Processed along with related city action, such as building permit application or business license. D. Findings. Plan check/zoning clearance shall be granted only when the planning director finds the proposal to be in conformance with all applicable provisions of this title. No permit or application listed in sections 17.16.030.A (Purpose) and 17.16.030.13 (Applicability) shall be issued without approval of plan check. E. Compliance requirements. The planning director may impose requirements in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Code 1980, § 17.16.030; Ord.No. 855, § 4, 2012) 17.16.040 Home occupation permit. A. Purpose.The requirement of a home occupation permit ensures that home occupations in residential neighborhoods are compatible with the surrounding neighborhood character. The planning director is authorized to approve, impose reasonable conditions upon such approval, or deny home occupation permits. B. Applicability.A home occupation permit shall be required for all home occupations. C. Review process. 1. Applications for a home occupation shall be submitted on forms provided by the planning department along with the applicable fee established by city council resolution. 2. Upon acceptance of a home occupation application, the planning director or a designated representative shall review the request for compliance with development standards related to the proposed activities and render a decision within a five-day review period. The decision shall clearly state,in writing, any conditions of approval or reasons for denial. 3. Immediately following the effective date of an approved home occupation, the applicant shall obtain a city business license. 4. Relocation of a home occupation.If a home occupation relocates, a new permit and review shall be required for the new location; however, the new location shall be exempt from application fees provided the occupation is of the same use. 5. The applicant is responsible for obtaining any permit from the County of San Bernardino Health Department for any home occupation for which a Health Department Permit is required, such as a cottage food industry or micro-enterprise home kitchen. D. Findings. A home occupation permit shall be granted only when the planning director determines that the proposed home occupation complies with all of the following findings: 1. The proposed home occupation is consistent with the general plan, any applicable specific plan or planned community, and all applicable provisions of this title; 2. The proposed home occupation is consistent with the development standards for home occupations shown in section 17.92.030 (Development Standards); and 3. The establishment,maintenance,or operation of the home occupation applied for will not,under the circumstances of the particular case (location, size,design, and operating characteristics),be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the city. E. Compliance requirements. The planning director may impose requirements and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. (Code 1980, § 17.16.040; Ord.No. 855, § 4, 2012) 17.16.050 Sign permit. A. Purpose. The purpose of a sign permit is to provide a review process for new signs to ensure consistency with the requirements of this title. B. Applicability.A sign permit shall be required prior to the placing,erecting,moving,or reconstructing of any sign in the city,unless expressly exempted by this title. Signs requiring a permit shall comply with the provisions of this title and all other applicable laws and ordinances. C. Review process. 1. An application for a permit shall be made on forms as prescribed by the planning director and shall be accompanied by any fees as specified by city council resolution. 2. After receipt of a sign application, the planning director or a designated representative shall render a decision to approve or deny the sign request within ten working days. Prior to denial of the application, the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose. D. Findings. The planning director shall issue the sign permit only after determining and finding that the request complies with all requirements of this title applicable to the proposed sign,including any applicable uniform sign program. E. Compliance requirements. The planning director may impose requirements related to approval of the sign permit in order to ensure compliance with this title and the general plan. (Code 1980, § 17.16.050; Ord.No. 855, § 4, 2012) 17.16.060 Uniform sign program. A. Purpose. A uniform sign program provides a process for the city's review of, and decisions related to, requests for signs for multi-tenant projects. The intent of a uniform sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects. B. Applicability. A uniform sign program shall be required for all new multi-tenant shopping centers, office parks,and other multi-tenant,mixed-use,or otherwise integrated developments of three or more separate tenants/uses that share buildings,public spaces, landscape, and/or parking facilities. C. Review process. 1. An application for a permit shall be made on forms as prescribed by the planning director and shall be accompanied by any fees as specified by city council resolution. 2. After receipt of a uniform sign program application, the planning director or a designated representative shall render a decision to approve or deny the request within 30 working days. Prior to denial of the application,the planning director or designated representative shall identify and request any modifications necessary in order to approve the application. Such a review shall ensure that any sign proposal is in conformance with this title and is consistent with its intent and purpose. D. Findings. A uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings: 1. The proposed uniform sign program is consistent with the development standards for signs as provided in chapter 17.74 (Sign Regulations for Private Property); and 2. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. E. Compliance requirements. The planning director may impose requirements when approving a sign program to ensure compliance with this title and the general plan. (Code 1980, § 17.16.060; Ord.No. 855, § 4, 2012) 17.16.070 'Temporary use permit. A. Purpose. Temporary use permits provide a process for administrative review for short-term activities that may not meet the normal development or use standards of the applicable zone, but may be acceptable because of their temporary nature. The intent of these regulations is to ensure that the temporary use does not adversely impact the long-term uses of the same or neighboring sites, or impact the general health, safety, and welfare of persons residing within the community. B. Applicability.A temporary use permit shall be required prior to the establishment of those uses specified in section 17.104.020 (Temporary Uses—Permit Requirements and Exemptions). C. Review process.Applications shall be submitted along with required materials and any application fee as established by city council resolution a minimum of 15 days prior to the event. The planning department and other departments as necessary shall review the request and render a decision. The decision shall clearly state, in writing, any conditions of approval or reasons for denial. Temporary use permits will be reviewed for compliance with development standards related to those activities provided in chapter 17.104 (Temporary Uses). D. Findings. The planning director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following. If the director does not make all of these findings,he or she shall deny the temporary use permit: 1. The establishment,maintenance, or operation of the use will not,under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. 2. The use,as described and conditionally approved,will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. 3. Approved measures for the removal of the use and site restoration have been required to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this zoning code. E. Conditions. In approving a temporary use permit, the director may impose such conditions as are needed to ensure that the required findings can be made. Such conditions may include but shall not be limited to the following: 1. Measure to minimize impact on adjacent uses, such as buffers, hours of operation, lighting requirements, and/or parking measures. 2. Property maintenance requirements to ensure that each site occupied by a temporary use shall be cleaned of debris, litter, or any other evidence of the temporary use upon completion or removal of the use. 3. Appropriate performance guarantees/security may be required before initiation of the use to ensure proper cleanup after the use is finished. 4. Other conditions of approval deemed reasonable and necessary to ensure that the approval would be in compliance with the findings above. F. Revocation. A temporary use permit may be revoked or modified by the director based on any of the following grounds: 1. The permit was obtained by misrepresentation or fraud. 2. The conditions of approval for the permit have not been met,or the permit is not being exercised. 3. The use for which the permit was granted is being or is permitted to be or operates in violation of any statute, ordinance, law, or regulation. 4. The permit is being exercised in a way that is detrimental to the public health, safety, or welfare or constitutes a nuisance. (Code 1980, § 17.16.070; Ord.No. 855, § 4, 2012; Ord.No. 961, § 1, 2019) 17.16.080 Tree removal permit. A. Purpose. The purpose of a tree removal permit is to provide a review process for the removal of heritage trees that are considered to be a community resource. B. Applicability. The provisions of this chapter shall apply to all heritage trees on all private property within the city, except as set forth in section 17.16.080.E (Exemptions) of this chapter. Further, this chapter is not intended to supersede tree preservation policies which are more stringent than the requirements of this title. C. Heritage tree.A heritage tree is defined as any tree which meets at least one of the following criteria: 1. Any tree on single family residential property in excess of 30 feet in height and having a single trunk diameter at breast height (DBH) of 20 inches or more as measured 4�/z feet from ground level; or 2. Any tree on multi-family residential and mixed-use property in excess of 15 feet in height and having a single trunk diameter at breast height(DBH) of 20 inches or more as measured 4�/z feet from ground level; or 3. Any tree on commercial, industrial, and institutional property in excess of 8 feet in height and having a single trunk diameter at breast height(DBH) of 20 inches or more as measured 4�/z feet from ground level; or 4. Multi-trunk trees having a total diameter at breast height (DBH) of 30 inches or more as measured 41/2 feet from ground level; or 5. A stand of trees the nature of which makes each dependent upon the others for survival; or 6. Any other tree as may be deemed historically or culturally significant by the planning director because of age, size, condition, location, or aesthetic qualities. D. Permit requirements. 1. No person,firm, or corporation shall remove,relocate,reduce in height by more than 25 percent of the original height of the tree(by"topping"),or destroy any heritage tree within the city limits, including an applicant for a building permit, without first obtaining a tree removal permit from the planning director. 2. Prior to issuing any tree removal permit,the planning director may require an applicant to submit a report detailing the condition of the tree(s) subject to the permit and justification for their removal, relocation or pruning. The report shall be prepared by a qualified arborist and paid for at the applicant's expense. 3. No tree removal permit shall be issued for the removal of any heritage tree on any lot associated with a proposal for development,unless all discretionary approvals have been obtained from the city, or unless an emergency waiver is granted pursuant to section 17.16.080.H (Emergency Waiver). 4. No tree designated as a historic landmark shall be altered, removed, relocated, or destroyed by any person, firm, or corporation without first obtaining both a certificate of compliance and a tree removal permit.Alteration,removal,relocation,or destruction of trees designated as historic landmarks may require a certificate of compliance even if exempt from the requirement for a tree removal permit under this section. 5. If it is demonstrated by the applicant that a tree proposed for removal is dead by providing visual evidence and/or an arborist report prepared by a qualified arborist, then a permit is required but no fee will be assessed. E. Exemptions. The following shall be exempt from the provisions of this chapter: 1. Trees which are fruit or nut bearing. 2. Trees planted,grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farms. 3. Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the city engineer,or designee. 4. Trees that,in the opinion of the director of public works services,or designee,will cause damage to existing public improvements. 5. Trees that require maintenance or removal action for the protection of existing electrical power or communication lines or other property of a public utility. 6. Trees in public parks that are diseased and/or infected by insects that could affect other trees in the park. 7. Trees within a designated urban wildlife interface area. F. Review process. 1. An application for a tree removal permit shall be filed, together with any required fee as set by resolution of the city council,with the planning director on forms provided for the purpose. 2. A tree removal application may be submitted together with any application for tentative subdivision maps or other proposals for urban development. 3. In addition to required application materials, the planning director may cause to be prepared, at the applicant's expense, a report by a qualified arborist to assist in making a determination on an application for a tree removal permit. 4. If more than five trees are proposed to be removed, the planning director shall,not less than ten days before rendering a decision,provide for public comment through notice to adjacent property owners of the pending application. The notice shall include: a. Description of the tree removal permit request. b. Results of the investigation by staff. 5. The planning director shall approve, conditionally approve, or deny the application for a tree removal permit, and may impose such conditions deemed necessary to implement the provisions of this chapter,including,but not limited to: a. Replacement of the removed tree or trees with equal or greater number of tree(s)of species and quantity commensurate with the aesthetic value of the tree or trees removed. b. Tree relocation to another site on the property;provided that the environmental conditions of said new location are favorable to the survival of the tree and provided further that such relocation is accomplished by a qualified landscape architect or qualified arborist. G. Historic landmark designation.Where the trees in question are designated as a historic landmark, a request for a tree removal permit shall be subject to review and approval by the historic preservation commission and certificate of appropriateness procedure pursuant to chapter 17.18 (Historic Preservation Commission Decisions). The action of the historic preservation commission can be appealed to the city council. H. Emergency waiver. Where the planning director determines a tree to be in a dangerous condition requiring emergency action to preserve the public health, safety, and welfare,the permit requirement may be waived. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an immediate threat to person or property, any member of the fire district may authorize the destruction or removal of such tree without securing a permit. I. Factors for consideration. I. Private property. Where an application for a tree removal permit is filed on private property and is limited to five trees, the planning director shall consider the following prior to approval: a. The condition of the tree(s)with respect to disease, danger of collapse of all or any portion of the tree(s),proximity to an existing structure, or interference with utility services. b. The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property. C. The number of trees existing in the neighborhood, and the effect the removal would have on the established character of the area and the property values. d. Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as a historic landmark. 2. Associated with a proposal for development. Where an application for a tree removal permit is associated with a proposal for development or is on private property and involves greater than five trees, the planning director shall consider the following: a. The condition of the tree(s)with respect to disease, danger of collapse of all or any portion of the tree(s),proximity to an existing structure, or interference with utility services. b. The necessity to remove a tree in order to construct improvements which allow economic enjoyment of the property. C. The number of trees existing in the neighborhood, and the effect the removal would have on the established character of the area and the property values. d. Whether or not the removal of the tree(s)is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way. e. Whether or not the tree could be preserved by pruning and proper maintenance or relocation rather than removal. f. Whether or not such tree(s) constitute a significant natural resource of the city. g. Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as a historic landmark. J. Findings. The director shall approve, or approve with conditions, an application for a tree removal permit after finding all of the following: 1. For a development project, every effort has been made to incorporate the tree(s)into the design of the project and the only appropriate alternative is the removal of the tree; 2. For requests not associated with a development project,the tree presents a threat to public health and safety and must be removed; and 3. The removal of the tree will not have a negative impact on the health, safety, or viability of surrounding trees, nor will it negatively impact the aesthetics or general welfare of the surrounding area. (Code 1980, § 17.16.080; Ord. No. 855, § 4, 2012; Ord. No. 858 § 4, 2013; Ord.No. 860 § 4, 2013) 17.16.090 Similar use determination. A. Purpose. The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a use permit, or not permitted, the similar use determination allows the director to determine whether or not a proposed use is similar to a listed use and whether it may be permitted or permitted with a use permit in a particular zone. B. Applicability. A similar use determination is required when a use is not specifically listed in this Code but may be permitted if it is determined to be similar in nature to a use that is permitted or permitted with a use permit. C. Review process. 1. A similar use determination can be initiated by staff or the public using an application provided by the planning director. 2. The planning director shall prepare a similar use determination. 3. The issuance of a similar use determination is an administrative function of the planning director, and no public hearing or notice is required. D. Findings. The planning director shall make a similar use determination after finding all of the following. If the planning director does not make all of these findings, he/she shall not make the similar use determination: 1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zone. 2. The proposed use will be consistent with the purposes of the applicable zone. 3. The proposed use will be consistent with the general plan, any applicable specific plan, and this Development Code. E. Determinations.Determinations shall be made in writing and shall contain the facts that support the determination. The department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided,in writing,to the applicant and interested parties. The notice shall include: 1. A brief statement explaining the criteria and standards considered relevant to the decision. 2. A statement of the standards and facts relied upon in rendering the decision. 3. An explanation of appeal rights and appeal deadlines. (Code 1980, § 17.16.090; Ord.No. 855, § 4 (attach. 1), 8-1-2012) 17.16.100 Site development review. A. Purpose. The purpose of site development review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited pro]ects comply with all applicable city standards and ordinances,and are not detrimental to the public health, safety, or welfare, or materially in]urious to properties or improvements in the immediate vicinity. B. Applicability. An application for site development review is required for residential, commercial, mixed use,industrial, and institutional pro]ects whether or not a building permit is required that meet the following criteria: 1. Residential projects. The following residential pro]ects require site development review: a. A modification to approved architectural designs and building configurations for multi-family development which do not result in an increase in the bulk,height, or scale of the building(s). b. Residential additions equal to or greater than 50 percent of the existing gross floor area(this gross area calculation includes all structures that require a building permit). C. Modifications to the building design which change the architectural style and form of the building. d. Exterior material or color changes for multi-family pro]ects. e. New construction, expansion, or reconfiguration of driveways for multi-family pro]ects. 2. Commercial, mixed--use, industrial, and institutional projects. The following commercial, mixed use, industrial, and institutional pro]ects require site development review. Modifications to existing design elements (e.g., trellis,pergola, water features) and minor modifications to an exterior elevation (e.g., the installation of awnings, the relocation of doors and windows, or the installation of new doors and windows) are exempt from the requirements of this section. a. An increase/decrease of up to ten percent or an increase/decrease of up to 1,000 square feet,whichever is less,in the gross floor area of an existing building or approved building/design plans. b. New construction, expansion, or reconfiguration of parking lots or driveways. C. A modification to approved architectural designs and building configurations which do not result in an increase in the bulk,height, or scale of the building.. d. Modifications to approved plans which do not change the general location of buildings or the layout of parking areas, open space areas, etc. on the site. e. The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is less than ten percent of the gross floor area of the primary use or up to 1,000 square feet in area,whichever is less. f. The construction and/or placement of silos, antennas not regulated by chapter 17.106,water tanks,roof-or ground-mounted equipment visible from public view, or similar structures and equipment. g. An alteration to approved grading plans that does not change the basic design concept,increase slopes,increase the height of building elevations, or change the course or volume of a drainage. h. Modification to existing landscaping or landscape plans in excess of 2,500 square feet. i. Modifications to the building design which change the architectural style, form, and theme of the building. j. Exterior material or color changes. C. Review process. An application for a site development review shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. D. Findings. The planning director shall make the following findings before granting approval of a site development review application: 1. The proposed project is consistent with the objectives of this Development Code and the purposes of the zone in which the site is located. 2. The proposed project, together with the conditions applicable thereto,will not be detrimental to the public health, safety,or welfare, or materially injurious to properties or improvements in the vicinity. 3. The proposed project is in compliance with each of the applicable provisions of this Development Code. 4. The proposed project is consistent with the general plan. E. Conditions.The planning director is the designated approving authority and may apply conditions as the planning director deems necessary to make the findings required in section 17.16.120.D (Findings). (Code 1980, § 17.16.100; Ord.No. 855, § 4,2012; Ord.No. 867,2014; Ord.No. 879 §4, 2015) 17.16.110 Minor Exceptions. A. Purpose. Exceptions may be needed to certain provisions to allow creative design solutions and to accommodate unique site conditions. B. Applicability. A minor exception may be granted to modify certain requirements of this Code, as listed in Table 17.16.110-1 (Standards Subject to Exception).Exceptions do not apply to land use and are not intended to waive a specific prohibition or procedural requirement. Additionally, a minor exception may be granted for exemptions from development standards for the repurposing or reuse of industrial warehouse and other large footprint buildings for adaptive reuse and alternative uses not envisioned when the structure was originally built, provided the use satisfies any allowed use and permit requirements provided in section 17.30.030(Allowed Land Uses and Permit Requirements)or Chapter 17.136, as applicable. TABLE 17.16.110-1 STANDARDS SUBJECT TO EXCEPTION Standard Maximum Reduction or Increase Maximum fence/wall height 2-foot increase Minimum amount of parking or loading spaces 25%reduction* in the amount required by code Minimum Setbacks 10%reduction Build-to-Line min./max. 10% reduction/increase Maximum lot coverage 10%increase %beyond the maximum allowed Maximum height(including round floor height) 10%increase Minimum ground floor height 10% decrease Height for ancillary equipment Max. 90 feet(see section 17.36.040.D.4.a) Max.120 feet with CUP(see section 17.36.040.D.b) Maximum perimeter or block length 10%increase, or as determined by the director Minimum setback structured parking in a form- 10%reduction based zone Building placement within private frontage area 10%reduction(of the minimum percent require Shade producing frontage Eliminate requirement Non-residential use mix 5%reduction *A proposed reduction in excess of 10%requires the completion of a parking study prepared by the city and paid for by the applicant to ensure the reduction will not cause a significant impact on nearby streets or other properties. C. Review process.An application for a minor exception shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. D. Public notice.The planning director shall,not less than ten days before rendering a decision,provide for public comment through notice to adjacent property owners of the pending application. E. Findings. The planning director shall approve, or approve with conditions, an application for an exception after finding all of the following. 1. The minor exception is consistent with the general plan or any applicable specific plan or development agreement. 2. The proposed minor exception is compatible with existing and proposed land uses in the surrounding area. 3. The proposed exception to the specific development standard(s) is necessary to allow creative design solutions compatible with the desires of the community and/or accommodate unique site conditions. 4. The granting of the minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone, and will not be detrimental to public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. If the planning director does not make all of these findings,then the director shall deny the minor exception. F. Conditions. In approving a minor exception, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16.120 Minor use permit. A. Purpose. The minor use permit provides a process for director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings must be evaluated.These uses and activities generally meet the purposes of the applicable zone but require special consideration in their design or operation to ensure compatibility with surrounding or potential future uses. It is anticipated that uses qualifying for a minor use permit only have an impact on immediately adjacent properties and can be modified and/or conditioned to ensure compatibility. B. Applicability. This section applies to land use requiring a minor use permit as designated with an "M"on the allowed use tables(Table 17.30.030-1 and Table 17.136.020-1). C. Review process.An application for a minor use permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for minor use permits. However, the planning director may also refer a minor use permit to the planning commission for review and approval pursuant to section 17.14.060.0(Referral to the Planning Commission). D. Findings. The director shall approve, or approve with conditions, an application for a minor use permit after finding all of the following. 1. The subject site is suitable for the type and intensity of use or development proposed, and the proposed location, size, and design of the use are compatible with adjacent uses or with natural resources; 2. The operating characteristics of the proposed use, including traffic, noise, light, and other characteristics,will be in keeping with the character of the neighborhood and other adjacent uses or uses in the vicinity; 3. The proposed improvements of the site,including building design,height and bulk of buildings, setbacks, fencing, landscaping, signage size and location, are compatible with the surrounding neighborhood or area; 4. That the proposed use shall not result in conditions that would be detrimental to the public health, safety, or welfare of the community; 5. Adequate public facilities and services are available to serve the proposed use or will be made available concurrent with the proposed development; 6. Allowing the proposed use at the proposed location would be consistent with and help achieve the goals, objectives, and policies of the general plan and the development code; and 7. The project would not result in a negative effect to the City's land use inventory available for residential and economic development, consistent with the intent of the general plan land use element. If the director does not make all of these findings, then the director shall deny the minor use permit. E. Conditions. In approving a minor use permit, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16.130 Minor design review. A. Purpose. This section establishes a minor design review process for certain types of residential, commercial,mixed use,industrial,and institutional development proposals to facilitate project review in a timely and efficient manner;to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the general plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the city. B. Applicability. Minor design review is required for commercial, mixed use, industrial, institutional, and residential projects that meet any of the following qualifications: 1. Commercial, mixed use, industrial, and institutional projects. The following commercial, mixed use,industrial, and institutional projects require minor design review: a. New construction on vacant property,where the buildings are less than 10,000 square feet in area. b. Structural additions or new buildings which are less than 50 percent of the floor area of existing on-site building(s), or between 1,001 square feet and 10,000 square feet in area,whichever is less. C. Reconstruction projects which are less than 50 percent of the floor area of existing on-site building(s), or between 1,001 square feet and 10,000 square feet in area, whichever is less. d. Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant. e. Projects which exceed the thresholds for site development review in Section 17.16.100. 2. Residential projects. The following residential projects require minor design review: a. Residential construction involving four or less dwelling units. b. Projects involving a substantial change or intensification of land use, such as the conversion of a residential structure to an office, commercial, or mixed use. C. Review process. 1. An application for a minor design review shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. 2. The planning director shall be the approving authority for minor design reviews. The procedure for review and action shall be as provided in this section. 3. The planning director may refer development proposals submitted pursuant to this section to be reviewed by the design review committee. Projects to be considered by the design review committee will be scheduled on the first available agenda for committee review. The applicant and any persons requesting notice will be notified at least ten days prior to the meeting. 4. The design review committee shall review the project design submittal and make recommendations to the planning director to ensure that: a. The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate zone, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan,boulevards, or planned developments. b. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. C. The design and architecture of the proposed development is in compliance with any applicable design standards included in Article VII(Design Standards and Guidelines) D. Findings. The planning director shall make the following findings before approving a minor design review application: 1. The proposed project is consistent with the general plan. 2. The proposed project is in accord with the objective of this Development Code and the purposes of the zone in which the site is located. 3. The proposed project is in compliance with each of the applicable provisions of this Development Code. 4. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety,or welfare, or materially injurious to properties or improvements in the vicinity. E. Conditions.In approving a minor design review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required,as well as any performance criteria and development standards contained within this Code. (Code 1980, § 17.16.130; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013; Ord.No. 867, 2014) 17.16.140 Hillside development review. A. Purpose. The hillside development review process provides a mechanism to review development proposals in sensitive hillside areas, the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of the city while allowing for reasonable development of land. B. Applicability. All projects within the hillside overlay zone and any properties with an eight percent slope or greater,including but not limited to: 1. Construction of one or more single-family homes. 2. Proposed lot development in conjunction with a tentative subdivision map. 3. Proposed lot development in conjunction with a general plan or Development Code amendment. C. Exceptions.Projects,which are limited in scope (e.g.,regrading of yard areas,pool/spa construction, additions to existing structures which are less than 1,000 square feet,and/or construction of accessory structures which are less than 960 square feet) (not including accessory dwelling units), may apply for a minor design review.However,projects which require grading of large flat areas,including,but not limited to, such items as tennis courts or riding rings, shall require a hillside design review application. D. Application. An application for a hillside design review shall be made on a form specified by the planning director and shall include, at minimum: 1. A natural features map,which shall identify all existing slope banks,ridgelines,canyons,natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 2. A conceptual grading plan,which shall include the following items in addition to those required by the city's submittal requirement checklist: a. A legend with appropriate symbols which should include,but not be limited to, the following items: top of wall, top of curb,high point, low point, elevation of significant trees, spot elevations,pad and finished floor elevations, and change in direction of drainage. b. A separate map with proposed fill areas colored in green and cut areas colored in red,with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown.Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. C. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule: i. Natural slope of 19.9 percent or less requires two-foot contours; ii. Natural slope of 20 percent or greater requires five-foot contours. 3. A conceptual drainage and flood control facilities map describing planned drainage improvements. 4. A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor,which shall have a scale of not less than one inch to 100 feet and a contour interval of not more than two feet, provided that the contour interval may be five feet when the slope is more than 20 percent. This base topographical map shall include all adjoining properties within 150 feet of the site boundaries.Delineate slope bands in the range of zero up to five percent,five percent up to ten percent,ten percent up to 15 percent, 15 percent up to 20 percent, 20 percent up to 25 percent, 25 percent up to 30 percent, and 30 percent or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. 5. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. 6. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three slope profiles shall be included with the slope analysis. The slope profiles shall: a. Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. b. Show existing and proposed topography, structures, and infrastructures.Proposed topography, structures, and infrastructures shall be drawn with a solid,heavy line. Existing topography and features shall be drawn with a thin or dashed line. C. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet. d. The profiles shall be drawn along those locations of the project site where: i. The greatest alteration of existing topography is proposed; ii. The most intense or bulky development is proposed; iii. The site is most visible from surrounding land uses; and iv. At all site boundaries illustrating maximum and minimum conditions. 7. At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines.At least one other slope profile shall be roughly at a 45-degree angle to the other slope profiles and existing contour lines. 8. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this chapter. 9. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. 10. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces. 11. In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design,and septic system location for each parcel proposed,to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. 12. When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided. 13. The following items may be required if determined necessary by the planning director, or planning commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: a. A topographic model; b. A line of sight or view analysis; C. Photographic renderings; d. Any other illustrative technique determined necessary to aid in review of a project. 14. Exceptions to the filing requirements may be permitted by the planning director based on the size and scope of the project. E. Review process. 1. The planning director shall be the approving authority for hillside development reviews. The procedure for review and action shall be as provided in this section. 2. The planning director may refer development proposals submitted pursuant to this section to be reviewed by the design review committee. Projects to be considered by the design review committee will be scheduled on the first available agenda for committee review. The applicant and any persons requesting notice will be notified at least ten days prior to the meeting. The design review committee may review the project design submittals and make recommendations to the planning director to ensure that: a. The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate zone, and any adopted architectural criteria for specialized area, such as designated historic districts,theme areas, specific plans, community plan,boulevards, or planned developments. b. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. C. The design and architecture of the proposed development is in compliance with any applicable design standards included in Article VII(Design Standards and Guidelines). F. Findings. The planning director, where authorized, shall make the following findings before approving a hillside development review application: 1. The proposed project is consistent with the general plan. 2. The proposed use is in accord with the objective of this Development Code and the purposes of the zone in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of this Development Code. 4. The proposed use,together with the conditions applicable thereto,will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. G. Conditions. In approving a hillside development review, the director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. (Code 1980, § 17.16.140; Ord.No. 855, § 4, 2012; Ord.No. 867, 2014) 17.16.150 Reasonable accommodation. A. Purpose and intent. In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the city's zoning and land use regulations,policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. The intent is to alleviate the need for a variance request for a reasonable accommodation as described herein. B. Permit application. I. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. 2. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the planning director.No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. 3. Other discretionary permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval,then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval.The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. A s stated in section 17.16.150.A (Purpose and Intent), a variance is not required for the reasonable accommodation. However, if the project includes a separate request to deviate from city standards unrelated to the accommodation, a variance application may be required. 4. Required submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following: a. Documentation that the applicant is: i. An individual with a disability; ii. Applying on behalf of one or more individuals with a disability; iii. A developer or provider of housing for one or more individuals with a disability; ii. The specific exception or modification to the zoning code provision,policy,or practices requested by the applicant; b. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; and C. Any other information that the director reasonably concludes is necessary to determine whether the findings required by this section to approve a reasonable accommodation, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. C. Review procedure. The planning director is the designated approval authority for reasonable accommodation requests and shall approve a reasonable accommodation request if the compliance requirements below are addressed. D. Required findings.The written decision to approve a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. E. Conditions. The planning director is authorized to approve or deny applications and to impose reasonable conditions upon such approval,as the director may deem necessary to ensure compatibility with surrounding uses,to preserve the public health,safety, and welfare, and to enable the director to make the findings required by section 17.16.150.D (Required Findings). F. Alternative reasonable accommodations. The decision maker may approve alternative reasonable accommodations that provide an equivalent level of benefit to the applicant. G. Consideration factors. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; 3. In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and 4. In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. H. Consideration factors; fundamental alteration to zoning program. The city may consider,but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; 3. Whether the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan; and 4. In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. L Rules while decision is pending.While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. J. Effective date.No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal.In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the city council on such appeal,pursuant to the provisions of this section. K. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. L. Time extension.The planning director may approve a single one-year time extension for areasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Violation of terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. N. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive calendar days.If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the planning director determines that: 1. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the zoning code; or 2. The accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. O. Revocation.Any revocation shall be noticed and heard pursuant to the procedures established in this title. P. Amendments.A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval,and are consistent with the intent of the original approval. (Code 1980, § 17.16.150; Ord.No. 855, §4, 2012) 17.16.170 Entertainment permit. A. Purpose. The purpose of an entertainment permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. B. Applicability.No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein,is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this chapter. C. Exceptions.The provisions of this chapter shall not be deemed to require a permit for any of the following: 1. Use of a radio or other electronic playback device, except when utilized by an announcer or disc Jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds. 2. Entertainment provided for members and their guests at a private club where admission is not open to the public. 3. Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground. 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. 5. Entertainment provided by no more than four performers as an accessory use to an established business where dancing is not allowed. 6. Entertainment conducted solely on or at any premises or location which is owned or operated by, or leased by, to, or from the United States, State of California, County of San Bernardino, City of Rancho Cucamonga, or any agency or subdivision thereof. 7. Any adult entertainment business regulated by section 17.20.050 (Adult Entertainment Permit) of this Code. D. Review process.An application for an entertainment permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. The planning director is the approving authority for entertainment permits. However, the planning director may also refer an entertainment permit to the planning commission for review and approval pursuant to section 17.14.060.0(Referral to the Planning Commission). E. Findings. The planning director shall only approve an application for an entertainment permit if all of the following findings are made: 1. The conduct of the establishment or the granting of the application is consistent to the public health, safety, morals, or welfare. 2. The premises or establishment is likely to be operated in a legal,proper, and orderly manner. 3. Granting the application would not create a public nuisance. 4. The normal operation of the premises would not interfere with the peace and quiet of any surrounding residential neighborhood. 5. The applicant has not made any false,misleading, or fraudulent statement of material fact in the required application. F. Conditions. The planning director in granting any permit may also impose such reasonable conditions as to the use or extent of such permit as deemed appropriate. G. Transfer of permit. 1. An entertainment permit issued pursuant to this chapter may be transferred or assigned to another person or business entity at the same physical location, provided there is no intensification or substantial alteration of the originally approved entertainment use.Any request for transfer of an entertainment permit due to change in ownership shall be submitted in writing to the planning director. 2. An entertainment permit issued pursuant to this chapter shall not be transferred or assigned to another location for any purpose. Any change in location shall require a new permit. The following shall be deemed a change of location: a. Any relocation or expansion that includes a separate piece of property or parcel of land; or b. Any expansion of the initially permitted premises which represents a greater than 50 percent increase in the square footage of space devoted to public access or occupancy. (Code 1980, § 17.20.020; Ord.No. 855, §4, 2012; Ord.No. 964 § 10, 2019) Chapter 17.18 HISTORIC PRESERVATION COMMISSION DECISIONS 17.18.010 Purpose. The purpose of this chapter is to establish permits and entitlements that are decided by the historic preservation commission and is intended to work in conjunction with chapter 2.24 (Historic Preservation) of this Code. This chapter provides mechanisms to identify, designate,protect,preserve, enhance, and perpetuate historic sites, structures, and objects that embody and reflect the city's aesthetic, cultural, architectural, and historic heritage. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions,review process, findings for approval, and conditions. General processing procedures are established in chapter 17.14 (General Application Processing Procedures). (Code 1980, § 17.18.010; Ord.No. 855, § 4, 2012) 17.18.020 Designations. The following section applies to designations of historic landmarks,points of historic interest, and conservation districts. A. Types of designations. 1. Automatic designation. Any property within the city that is listed in the National Register of Historic Places or the California Register of Historic Resources is automatically designated as a landmark for purposes of this chapter. 2. Prior designations. Any historic landmark or point of historic interest previously designated as such by the city on or before the effective date of this chapter shall continue to be a historic landmark or point of historic interest as previously designated for purposes of this chapter and shall be subject to all provisions herein. 3. New designations. The city council may designate any structure, property, or properties as a historic landmark, point of historic interest, or contributing resource subject to the criteria and procedures set forth in this chapter. 4. Amendment or rescission. The city council may amend or rescind the designation of any historic landmark,point of historic interest,historic district, or conservation district for purposes of this chapter, subject to the same procedures required for their designation, including without limitation hearing and recommendation of the planning commission. B. Designation criteria for historic landmarks. 1. The city council may designate a property as a historic landmark if it meets the requirements below. 2. Historic landmarks must meet at least one of the following criteria: a. It is or was once associated with events that made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. b. It is or was once associated with persons important to local, state, or national history. C. It embodies the distinctive characteristics of a type,period,or method of construction. d. It represents the work of a master,possesses high artistic values,or represents a significant and distinguishable entity whose components may lack individual distinction. e. It has yielded or has the potential to yield information important to the prehistory or history of the local area, California, or the nation. 3. Historic landmarks must retain integrity from their period of significance with respect to location, design, setting, materials, workmanship, feeling, association, or any combination of these factors.A proposed landmark need not retain all such original aspects,but must retain sufficient integrity to convey its historic, cultural, or architectural significance. Neither the deferred maintenance of a proposed landmark nor its dilapidated condition shall, on its own,be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the property's eligibility. C. Designation criteria for points of historic interest. 1. The city council may designate a property as a point of historic interest if it meets the requirements applicable to historic landmarks under section 17.18.020.13 (Designation Criteria for Historic Landmarks).Points of historic interest shall not be required to retain integrity from their periods of significance. 2. Designated points of historic interest shall not be subject to the same restrictions applicable to designated historic landmarks and contributing resources. 3. Nothing in this section shall be construed as limiting or foreclosing analysis of the impacts of a proposed pro]ect on a point of historic interest under the California Environmental Quality Act. 4. The commission shall maintain a current register of points of historic interest for public use and information. D. Designation criteria for historic districts and conservation districts. 1. The city council may designate a property or collection of properties as a historic district if the proposed district meets the requirements of both section 17.18.020.13 (Designation Criteria for Historic Landmarks) and section 17.18.020.0 (Designation Criteria for Points of Historic Interest). 2. A historic district must meet at least one of the following criteria: a. It has an identifiable, clear, and distinct boundary that possesses a significant concentration of structures sharing common historical,visual, aesthetical, cultural, archaeological, or architectural plan or physical development. b. It demonstrates character,interest, or value as part of the development,heritage, or cultural characteristics of the community, state, or country. C. It is the site of a significant local, state, or national event. d. It is associated with the lives of persons important to local, state,or national history. e. It is identifiable as the work of a master builder, designer, architect, artist, or landscape architect whose individual work has influenced the development of the community, county, state,or country. 3. Historic districts must retain integrity from their period of significance with respect to location, design, setting,materials,workmanship,feeling, and association.Not all properties or structures in a proposed district need to retain all such original aspects, but a substantial number of such properties and structures must retain sufficient integrity to convey the historic, cultural, or architectural significance of the district.Neither deferred maintenance within a proposed district nor the dilapidated condition of its constituent buildings and landscapes shall, on its own, be equated with a loss of integrity. Integrity shall be judged with reference to the particular characteristics that support the district's eligibility. E. Conservation districts.The city council may designate a property or collection of properties that do not qualify as a historic district as a conservation district if the proposed district has either: 1. A distinctive, cohesive, and identifiable setting, character, or association that makes it unique and an integral part of the city's identity. 2. A recognized neighborhood identity and a definable physical character and either high artistic value or a relationship to urban centers or historic districts that makes conservation of the proposed conservation district essential to the city's history or function. F. Owner consent. Owner consent is not required for a structure or property to be designated as a point of historic interest, historic landmark, or contributing resource. However, a structure or property cannot be designated as either a historic landmark or a contributing resource over the owner's objection unless the city council makes all of the following findings: 1. The structure or property is on the city's historical inventory. 2. The structure or property possesses exceptional architectural, historical, aesthetic, or cultural qualities. 3. Designation will preserve or protect the exceptional qualities of the structure or property. G. Designation procedures—Historic landmarks and points of historic interest. 1. Application.The city council,historic preservation commission,planning director,or the owners of the subject property or their authorized agents may apply for a historic landmark or point of historic interest designation. A third party that believes that a property or structure should be designated may submit a written request for the commission to initiate an application. In the event the city council or commission initiates the application, the planning director shall complete the required application. 2. Except as necessary to correct an unsafe or dangerous condition pursuant to section 17.18.080 (Unsafe or Dangerous Condition),it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a certificate of appropriateness on aproposed historic landmark for which an application has been filed until the city council has taken final action denying the application. 3. Survey. Within 45 days of when a designation application is deemed complete, the planning director shall conduct a survey to document all potentially historic features of the subject property and prepare a report to the commission. 4. Approval. The city council is the final approval authority for designations with a recommendation from the commission. 5. Upon designation by the city council, the planning director shall record the location, characteristics, and significance of the historic landmark or point of historic interest on a California Department of Parks and Recreation Historic Resources Inventory Form 523 and include therewith a description of the particular features that are to be preserved and the legal description of the historic resource. 6. A designated historic landmark or point of historic interest may be identified by an approved city marker,but such a marker is not required. H. Designation procedures—Historic districts and conservation districts. I. Procedures for the application and designation of historic districts and conservation districts shall be the same as those applicable to historic landmarks and points of historic interest except as modified by this section. 2. Except as necessary to correct an unsafe or dangerous condition pursuant to section 17.18.080 (Unsafe or Dangerous Conditions),it shall be unlawful for any person to carry out or cause to be carried out any activity requiring a certificate of appropriateness for any property within the boundaries of a proposed historic or conservation district for which an application is pending. 3. Whenever the city council designates a historic district or conservation district,it shall also adopt a written description and clear depiction of the district boundaries; an inventory that identifies and describes contributing resources for the district; and a conservation plan to regulate the manner in which the preservation objectives of the district will be attained. (Code 1980, § 17.18.020; Ord.No. 855, § 4, 2012) 17.18.030 Maintenance of historic resources. A. Maintenance responsibility. The owner, occupant, or other person having legal custody and control of a historic resource,defined as a historic landmark or contributing resource, shall keep the resource in good repair all exterior portions thereof, all interior portions thereof regulated by the applicable designation statement or adopted conservation plan, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. B. Required maintenance. The owner,occupant, or other person having legal custody and control of a historic landmark or contributing resource shall promptly repair such building or structure consistent with all other applicable local, state, and federal laws, if it is found to have any of the following defects as determined by the building and safety official: I. Building elements in danger of falling and injuring persons or property. 2. Deteriorated or inadequate foundation. 3. Defective or deteriorated flooring. 4. Walls,partitions, or other vertical supports that split, lean, list,buckle, or are otherwise failing due to defective material or deterioration. 5. Ceilings, roofs, roof supports, or other horizontal members that sag, split, buckle, or are otherwise failing due to defective materials or deterioration. 6. Fireplaces or chimneys that list,bulge, settle, or are otherwise failing due to defective material or deterioration. 7. Deteriorated, crumbling,or loose exterior plaster. 8. Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations or floors, including but not limited to broken windows or doors. 9. Defective or insufficient weather protection for exterior wall coverings, including lack of paint or weathering due to lack of paint or other protective covering. 10. Any fault, defect, or deterioration in the building that renders it structurally unsafe or insufficiently watertight. C. Certificate of appropriateness.A certificate of appropriateness shall not be issued for the demolition of a historic landmark or contributing resource because of the failure of the owner to comply with the provisions of this section. (Code 1980, § 17.18.030; Ord.No. 855, § 4, 2012) 17.18.040 Certificate of appropriateness. A. Purpose. The purpose of a certificate of appropriateness is to help maintain and return the lost or diminished architectural significance of the city's past. B. Applicability. No person shall carry out or cause to be carried out any alteration, restoration, rehabilitation, construction, removal, relocation, or demolition of any historic landmark or contributing resource unless the city has first issued a certificate of appropriateness in accordance with the requirements of this chapter. C. Exceptions.A certificate of appropriateness shall not be required for any of the following actions. I. Ordinary maintenance or repair of any exterior architectural feature that does not involve a change in design, material, or external appearance of a historic landmark or contributing resource. 2. Alterations previously identified in an adopted conservation plan for a historic district or conservation district and designated in such conservation plan for review through the design review procedures set forth in this Development Code and approved accordingly. 3. Alterations that comply with the state historical building code. 4. Alterations or actions for which a certificate of economic hardship has been approved. D. Procedures. I. Application. An application for a certificate of appropriateness shall be filed with the planning department upon the prescribed form and shall contain the following data: a. A description of the proposed work and an explanation of how it is compatible with the historical nature of the resource. b. Plans describing the size,height, and appearance of the proposed work. C. A site plan showing all existing buildings and structures and the relationship of the proposed work to the surrounding environment. d. Relationship to the existing scale,massing, architectural style, site and streetscape, landscaping and signage, for new construction in historic districts. e. If the application is for demolition, an explanation why the demolition is necessary and an economic feasibility report. f. Other information deemed necessary by the planning director. 2. Commission review. The commission shall conduct a public hearing on the application, after which it shall adopt a resolution approving, conditionally approving,or denying the application. 3. Planning director review. Notwithstanding the previous paragraph, the planning director shall review, and after conducting a public hearing, shall deny, approve, or conditionally approve any application for a certificate of appropriateness for any of the following types of alterations: a. Repair or replacement of deteriorated materials with applications or materials of the same kind, type, and texture already in use for roofs,windows, siding material, chimneys and fireplaces, accessory structures, or fencing. b. Addition or deletion of awnings, shutters, canopies, and similar incidental appurtenances. 4. Upon approval, copies of the certificate of appropriateness shall be forwarded to the applicant, the building and safety official, the planning director, and any other department or agency that requests one. 5. No certificate of appropriateness shall become effective until the time to appeal its approval has expired. E. Findings. The historic preservation commission shall only approve an application for a certificate of appropriateness if all of the following findings are made: 1. Standard findings. a. The project will not cause a substantial adverse change in the significance of an historic resource within the meaning of the California Environmental Quality Act. b. The project is consistent with the purposes of this chapter. C. The project is consistent with the secretary's standards. 2. Additional findings for demolitions. In the case of a certificate of appropriateness to allow demolition of part or all of a historic landmark or contributing resource, all of the following additional findings must be made. a. All efforts to restore,rehabilitate, or relocate the resource have been exhausted. b. Restoration or rehabilitation would require extensive alterations that would render the resource unworthy of preservation. C. Failure to demolish the resource would adversely affect or detract from the character of the neighborhood. 3. Unsafe or dangerous conditions. Notwithstanding any other provision of this section, an application for a certificate of appropriateness may be approved if the commission finds the project is necessary to correct an unsafe or dangerous condition on the subject property that was not caused by a failure to maintain the property as required by this chapter. (Code 1980, § 17.18.040; Ord.No. 855, § 4, 2012) 17.1 .050 Certificate of economic hardship. A. Purpose.The historic preservation commission may issue a certificate of economic hardship to allow alteration or demolition of a historic landmark or contributing resource where denial of a certificate of appropriateness would create an undue hardship upon the owner. B. Procedure. 1. Application. An application for a certificate of economic hardship shall be made on the prescribed form and shall be accompanied by all of the following information if requested by the planning director: a. The estimated market value of the property in its current condition. b. The estimated market value of the property after completion of the proposed alteration or demolition. C. Estimates of the costs of proposed alteration or demolition. d. In the case of demolition, the estimated market value of the property after renovation of the existing property for continued use and an estimate from an architect, developer,real estate consultant, appraiser,or other real estate professional with experience in rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing structure on the property. e. A rehabilitation report from a licensed structural engineer or architect with expertise in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation. f. For income-producing properties,information on annual gross income, operating and maintenance expenses, tax deductions for depreciation, and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes. g. Remaining balance on any mortgage or other financing secured by the property and annual debt service,if any, for the previous two years. h. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property. i. The amount paid for the property if purchased within the previous 36 months,the date of purchase, and the party from whom purchased,including a description of the relationship,if any,between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer. j. Any listing of the property for sale,rent,prices asked, and offers received,if any within the previous two years. k. Any other information the planning director may reasonably require to determine whether or not the property does or may yield a reasonable return to the owners. 2. Hearing. The commission shall hold a public hearing on all applications for a certificate of economic hardship; after which it may approve, conditionally approve, or deny the application. Such hearing may be held concurrently with any related application for a certificate of appropriateness. C. Findings.The commission shall not approve any certificate of economic hardship unless it makes all of the following findings: 1. Denial of the application would decrease the value of the subject property so as to leave no substantial value. 2. Sale or rental of the property is not financially feasible,when looking at the cost of holding such property for uses permitted in this zone. 3. Adaptive reuse of the property for lawful purposes is prohibited or impractical. 4. Denial of the application would damage the owner of the property unreasonably in comparison to the benefit conferred on the community. (Code 1980, § 17.18.050; Ord.No. 855, § 4, 2012) 17.18.060 Mitigation/conditions of approval. Whenever any decision under this chapter by the city council, commission, or planning director to approve an application has the potential to diminish or destroy the historic, cultural, or architectural value of a historic landmark or contributing resource,the commission or planning director may impose conditions to mitigate the loss of a historic landmark or contributing resource. Such conditions may include,but not be limited to, the following: A. Documentation of the historic features of the property including,but not limited to, site plans, floor plans, elevations, detailed drawings of character-defining features, photographic records of the exterior,interior, and any character-defining features,title deed of the original owners, any historical information of person and events associated with the site. B. Requirement for salvage,relocation,donation,or adaptive reuse of significant items or features within or on the property. (Code 1980, § 17.18.060; Ord.No. 855, § 4, 2012) 17.18.070 Demolition of potential historic resources. A. No permit for the demolition of any structure more than 50 years old or located on a property listed in the inventory of historic resources shall be issued unless the provisions of this section have been satisfied. B. Within 30 days of the date on which an application for such apermitis deemed complete,the planning director shall review the historic significance of the property to determine whether the property meets the criteria for a historic landmark.If the planning director finds the property meets the criteria,he or she shall immediately initiate a historic landmark application and provide written notice of the decision to the property owner. C. If the planning director initiates a historic landmark application,no demolition permit shall be issued until final action of the city council denying the proposed designation, except as otherwise provided in section 17.18.080 (Unsafe or Dangerous Conditions). D. If the planning director does not initiate a historic landmark application within the 30 days specified by this section,the hold on the permit for demolition shall be released.(Code 1980, § 17.18.070; Ord. No. 855, § 4(attach. 1), 8-1-2012) 17.18.080 Unsafe or dangerous conditions. A. None of the provisions of this chapter shall be construed to prevent any construction, alteration, removal,demolition,or relocation of a historic landmark or contributing resource necessary to correct the unsafe or dangerous conditions of any structure,or feature,or part thereof,where the building and safety official has declared such condition unsafe or dangerous and the proposed construction, alteration, removal, demolition, or relocation is necessary to correct the unsafe or dangerous condition. Only such work as is necessary to correct the unsafe or dangerous condition may be performed pursuant to this section. B. The building and safety official shall inform the commission prior to authorizing any work pursuant to this section unless he or she or she determines that such work is immediately necessary to correct the unsafe or dangerous condition, in which case, the building and safety official shall report his or her actions to the commission at its next regular meeting. C. If work authorized by the building and safety official pursuant to this section is not immediately necessary to correct the unsafe or dangerous condition, the commission may advise the building and safety official of the historic significance of the building and recommend a reasonable period of postponement for the purpose of arranging for rehabilitation, relocation, or salvage of the historic resource or contributing resource.Notwithstanding the foregoing,if no arrangements have been made for rehabilitation, relocation, or salvage within 60 days of an order to abate a nuisance, the building official may proceed with the abatement action. (Code 1980, § 17.18.080; Ord.No. 855, § 4,2012) 17.18.090 Historic preservation fund. A. The historic preservation fund is established to provide funding for historic preservation efforts such as surveys, development of design guidelines, public education, and incentive programs. All funds deposited into the historic preservation fund shall be used solely for the conservation, preservation, restoration, or rehabilitation of historic resources. B. The commission shall advise the city council regarding the use and expenditure of funds from the historic preservation fund and shall recommend activities or actions necessary to fulfill the objectives of the historic preservation fund. C. No money from the historic preservation fund shall be used for the sole benefit of any property unless it has been designated a historic landmark, a point of historic interest, or a contributing resource. (Code 1980, § 17.18.090; Ord.No. 855, § 4, 2012) 17.18.100 Preservation incentives. A. To encourage owners to designate, maintain, preserve, rehabilitate, and improve historic landmarks and contributing resources, the city provides the incentives set forth in this section. Only properties designated as historic landmarks or contributing resources are potentially eligible to apply for preservation incentives. B. Mills Act contracts.Pursuant to and consistent with Government Code §50280,the city council may enter into Mills Act contracts with the owner of a historic landmark for the purpose of preservation, rehabilitation, and maintenance of designated historic resources, which shall allow the owner to receive a reduction in property taxes in exchange for a commitment to specific repair,restoration, or rehabilitation improvements and satisfactory maintenance of the property. The agreement shall include,but not be limited to, the contract provisions required under state law and shall extend for a minimum period of ten years, renewed annually, until and unless a notice of nonrenewal or cancellation is filed. The application process,review procedures, and required contract provisions for Mills Act agreements shall be established at the sole discretion of the city council based on the recommendations of the commission in a form to be approved by the city attorney. The planning director or designee shall implement the program. C. Public recognition. The commission may establish a program to publicly recognize historic resources, points of historic interest, historic districts, and conservation districts with plaques, signage, and other appropriate forms of recognition. D. State historical building code. Any alteration made for preservation, rehabilitation, restoration, or relocation of historic resources may be made according to the requirements of the latest adopted state historical building code. E. Nonconforming parking. Single-family residences designated as historic resources that are nonconforming due to substandard parking shall not be required to provide parking according to current standards provided that additional floor area does not exceed 50 percent of the existing floor area in any 24-month period. Multiple-family developed properties designated as historic resources that are nonconforming due to substandard parking shall not be required to bring the existing parking into compliance with current parking requirements due to the addition of new units, provided that parking for the new units meets the current zoning standards. F. Fee relief and waivers.Historic landmarks and contributing resources are eligible for the following fee waivers,refunds, and reductions: 1. A 50 percent refund of applicable building permit fees at time of issuance for projects found to be in compliance with the secretary's standards. 2. A 50 percent refund of applicable planning fees,not including applications made pursuant to this chapter, at the time of issuance for projects found to be in compliance with the secretary's standards. 3. Waiver of application fees to operate a large family day care if the proposed location is a historic landmark or contributing resource. A large family day care means 12 children are being cared for in a private residence and up to 14 children if two of the children are at least six years of age. G. Preservation easements. The city may agree to the acquisition of preservation easements on the facades of buildings designated as historic landmarks or the acquisition of such on the city's behalf by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to Civil Code § 815. (Code 1980, § 17.18.100; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013) Chapter 17.20 PLANNING COMMISSION DECISIONS 17.20.010 Purpose. The purpose of this chapter is to establish permits and entitlements that are decided by the planning commission. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions,review process,findings for approval, and conditions. General processing procedures are established in chapter 17.14(General Application Processing Procedures). (Code 1980, § 17.20.010; Ord.No. 855, § 4, 2012) 17.20.020 Reserved 17.20.030 Variance. A. Purpose.The purpose of a variance is to provide flexibility from the strict application of development standards when special circumstances pertaining to the property such as size, shape, topography, or location deprives such property of privileges enjoyed by other property in the vicinity and in the same zone, (consistent with the objectives of this title). Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. B. Applicability. A variance may be granted for any exception to the requirements of this title, unless specifically exempted in section 17.20.030.0(Exemptions). C. Exemptions.A variance from this title may not be granted to: 1. Allow a land use not otherwise permitted in the zone. 2. Increase the maximum allowed residential density except as allowed by state law. 3. Waive or modify a procedural requirement. D. Review process. The planning commission is the designated approving authority for variances and shall approve, conditionally approve or deny all such applications. The planning commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in chapter 17.14 (General Application Processing Procedures). E. Findings. 1. Before granting a variance, the planning commission shall make the following findings that the circumstances prescribed below apply. a. Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. b. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. C. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. d. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. e. The granting of the variance will not be detrimental to the public health, safety,or welfare or materially injurious to properties or improvements in the vicinity. F. Conditions. The planning commission is authorized to grant a variance to achieve those purposes as prescribed in accordance with the procedure in this section and impose reasonable conditions as the commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the commission to make the findings required by section 17.20.030.E(Findings). (Code 1980, § 17.20.030; Ord.No. 855, § 4, 2012) 17.20.040 Mayor design review. A. Purpose. This section establishes the review procedures for residential, commercial,mixed use, industrial, and institutional development proposals to facilitate project review by local responsible agencies in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the general plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of the city. In addition, the city finds that a major design review process will support the implementation of the general plan, as it stresses quality community design standards. The city further finds that the quality of certain residential,institutional, commercial, mixed use, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the city. This section is not intended to restrict imagination,innovation, or variety,but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the city. It is the purpose of this section to: I. Recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit. 2. Encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities, such as signs, landscaping,parking areas, and streets. 3. Maintain the public health, safety and general welfare, and property throughout the city. 4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development. 5. Reasonably ensure that new developments, including residential, institutional, commercial, mixed use, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the city in general. 6. Implement those sections of the city's general plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this city and its harmonious development. 7. Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. 8. Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement. 9. Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. 10. Encourage the use of a variety of housing styles, split-level grading techniques,varied lot sizes, site design densities,maintenance of views, and arrangement and spacing to accomplish grading policies. 11. Help ensure that adequate levels of public services are provided for existing and future development in the city. 12. Encourage orderly development of residences within areas more readily served by public services. 13. Encourage the development of master planned projects that provide the service needs of the residents of these projects and have sufficient access and connectivity to the surrounding neighborhood. 14. Encourage the use of energy conservation techniques in all new residential, mixed use, institutional commercial,mixed use, and industrial development. B. Applicability. An application for major design review is required for commercial, mixed use, industrial, institutional, and residential projects involving the issuance of a building permit for construction or reconstruction of a structure which meets the any of the following criteria. 1. New construction of residential projects with five or more dwelling units 2. New single or multiple building construction, on a vacant property or parcel/lot,with an overall (or,if multiple buildings, combined) floor area of 10,001 square feet or greater. 3. Structural additions to an existing building where the addition has a floor area that is 50 percent or more of the floor area of the existing building or 10,001 square feet or greater, whichever is less. 4. New building construction,on a developed property or parcel/lot,with an overall(or,if multiple buildings, combined) floor area of 10,001 square feet or greater. 5. Reconstruction projects which are greater than 50 percent of the floor area of an existing building (or,if multiple buildings, 50 percent of their combined floor area) or with a floor area of 10,001 square feet or greater. 6. Any project being proposed on aproperty or aparcel/lot along,or within 500 feet,of an"Arterial Roadway" or "Boulevard" as defined by the general plan, except for structures within projects with an approved master plan. 7. All pro]ects which are master planned. Once the master plan,including architectural guidelines, has been approved by the city council, individual structures may be approved by the planning director. 8. All shopping centers with a building with an overall (or, if multiple buildings, combined) floor area of 10,001 square feet or greater, except individual structures may be approved by the planning director where a master plan,including architectural guidelines,has been approved by the planning commission. 9. Certain projects within a hillside area are subject to review pursuant to section 17.52 (Hillside Development) 10. All projects subject to the requirements of Chapter 17.138 (Large Site Development) C. Zones Review process. The major design review procedure is outlined below. 1. The planning commission is the designated approving authority for major design review and shall approve, conditionally approve,or deny all major design review applications.The planning commission shall hold apublic hearing on each application for major design review.The hearing shall be set and notice given as prescribed in chapter 17.14 (General Application Processing Procedures). 2. Development proposals submitted pursuant to this section shall be reviewed by the design review committee. Projects to be considered by the design review committee will be scheduled on the first available agenda for committee review. The applicant and any persons requesting notice will be notified at least ten days prior to the meeting. Review and analysis by the design review committee will consider design elements, such as,but not limited to, compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. The design review committee will determine if the project adequately meets city design guidelines and standards and will transmit an appropriate recommendation to the planning commission. The design review committee shall review the project design submittals and make recommendations to the planning commission to ensure that: a. The design and layout of the proposed development is consistent with the applicable elements of the city's general plan, design guidelines of the appropriate zone, and any adopted architectural criteria for specialized area, such as designated historic districts,theme areas, specific plans, community plan,boulevards, or planned developments. b. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. C. The design and architecture of the proposed development is in compliance with any applicable design standards included in Article VII(Design Standards and Guidelines) 3. Proposals submitted pursuant to this section may also require review by other necessary committees as applicable (e.g., trails). D. Findings. The planning commission shall make the following findings before approving a major design review application: 1. The proposed project is consistent with the general plan and any applicable specific plan; 2. The proposed project is in accord with the objective of this Development Code and the purposes of the zone in which the site is located; 3. The proposed project is in compliance with each of the applicable provisions of this Development Code; and 4. The proposed project, together with any applicable conditions, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. E. Planning commission decision and conditions. The planning commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval,as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the commission to make the findings required by section 17.20.040.D (Findings). 17.20.050 Adult entertainment permit. A. Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors,public parks,and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses,while permitting the location of adult businesses in certain areas. B. Applicability. The permittee must apply for a new adult entertainment permit as follows: 1. Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment. 2. Prior to the conversion of any existing adult entertainment establishment to any other type of adult entertainment establishment as described herein. 3. Prior to any change in the business name of the adult entertainment establishment. 4. Prior to the enlargement of an existing adult entertainment establishment. 5. By the new owner upon sale or transfer of the business as outlined in section 17.20.050.1-1 (Sale or Transfer of Business). C. Permit application. 1. Any person, association, partnership, corporation, or other entity desiring to obtain an adult entertainment zoning permit, shall file an application with the planning director on a form provided by the planning director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by city council resolution. 2. The application for a permit shall contain the following information: a. The name, address, and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its article of incorporation and the names and addresses of the officers, directors, and each stockholder owning more than ten percent of the stock of the corporation. If the applicant is a partnership, the applicant shall set forth the name and residence address of each of the partners,including limited partners. If one or more of the partners is a corporation,the provision of this section pertaining to a corporate applicant shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. b. Name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested. The name and address of a person authorized to accept service of legal notices. C. The proposed business name of the adult entertainment establishment and description of the type of adult establishment. d. Street address of the proposed adult entertainment establishment and the tax assessor's parcel number of the property. e. A plot plan for the property depicting the location of the building housing the adult entertainment establishment on the property. f. If the adult entertainment establishment was in existence as of the effective date of these regulations, the date the establishment first commenced operation. g. Any other information reasonably necessary to accomplish the purposes of these regulations. D. Review process. 1. Application. Any person, association,partnership, corporation, or other entity desiring to obtain an adult entertainment permit shall file an application on the form provided by the planning director. The application shall be accompanied by a nonrefundable application processing fee in the amount established by city council resolution. 2. Referral to other city departments. The planning director may refer the application to other city departments to determine whether the premises where the adult entertainment establishment is located,or will be located, complies with the city's building,health,zoning, and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and laws they administer. 3. Action on application.After conduction a noticed public hearing,the planning commission shall determine whether to grant or deny the permit. E. Grounds for denial.An adult entertainment permit shall be approved unless the approving authority determines from a consideration of the application, city inspection of the premises, or other pertinent information that: I. The information contained in the application or supplemental information requested from the applicant is false in any material detail. 2. The proposed location of the adult entertainment business would not comply with the requirements of chapter 17.86 (Adult Entertainment Uses). 3. The operation of the adult entertainment business is or would be in violation of one or more provisions of these regulations. 4. The premises where the adult entertainment business is or will be located does not comply with all applicable laws, including, but not limited to, the city's building, health, zoning, and fire ordinances. 5. That a permit to operate the adult entertainment establishment has been issued to the applicant, a partner of the applicant, or a stockholder of the applicant which stockholder owns more than ten percent of the applicant's corporate stock, which permit has been suspended and the period of suspension has not yet ended. F. Conditions. The planning commission is the designated approving authority and may apply conditions as the planning commission deems necessary to not identify a basis for denial as provided in section 17.20.050.E(Grounds for Denial). G. Display of permit. Each person to whom or for whom a permit has been granted shall display said permit in a conspicuous place within the adult entertainment establishment so the same may be readily seen by persons entering the premises. H. Sale or transfer of business.No adult entertainment permit may be sold,transferred, or assigned by the permittee, or by operation of law, to any other person or persons; and any such sale, transfer, or assignment, or attempted sale, transfer, or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be deemed terminated and void; provided and excepting, however, that if the permittee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire,by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving partner(s). One or more proposed partner(s)in a partnership granted a permit hereunder may make application to the planning director, together with the fee established by the city council therefor, to amend the original application providing all information as required for partners in the first instance and,upon approval thereof, the transfer of the interests of one or more partners to the proposed partner or partners may occur. If the permit is issued to a corporation, the permit shall be deemed terminated and void if stock is sold, transferred, issued, or assigned to a person not listed on the application as a stockholder; provided, however,the proposed transferee may submit to the planning director,together with a fee established by the city council, an application to amend the original application providing all information as required for stockholders in the first instance, and upon approval thereof,the transfer may then occur. (Code 1980, § 17.20.050; Ord.No. 855, § 4, 2012) 17.20.060 Conditional use permit. A. Purpose. The purpose of a conditional use permit is to provide a public review process for the discretionary review of proposed uses and activities that require special consideration to ensure that their effects are compatible with locational, use, structural, traffic, and/or the characteristics of neighboring properties and the community. This discretionary review process is intended to ensure land use compatibility and to mitigate potential impacts or conflicts that could otherwise result from the proposed use. More specifically, a conditional use permit is intended to: 1. To consider the relationship of the use or project to the surrounding area, neighborhood, and community as a whole; 2. To determine if the project's use and location is compatible with the types of uses that are normally permitted in the surrounding area; 3. To consider the compatibility of the proposed use with the site's characteristics; 4. To evaluate the adequacy of services and facilities for the proposed use; 5. To provide an opportunity for public review and comment on the proposed use; and 6. To identify conditions and requirements necessary to comply with the basic purposes of this Code, the General Plan, and any applicable plans or regulations B. Applicability. This section applies to any land use requiring a conditional use permit as designated with a"C"on the allowed use tables (Table 17.30.030-1 and Table 17.136.020-1).Any development subject to approval of a conditional use permit must comply with all applicable requirements of this Section. C. Application requirements. An application for a conditional use permit shall be filed with the planning department in a manner prescribed by the planning director with the required fee as established by city council resolution. D. Approving authority. The planning commission is the approving authority for conditional use permits, except that the approving authority for all industrial buildings with a gross floor area of 75,000 square feet or greater is the city council.The planning commission may approve,conditionally approve, or deny a conditional use permit application. In instances when an application for a conditional use permit is processed concurrently with other land use entitlements requiring action by the city council,the planning commission shall make a recommendation on the conditional use permit application to the city council. E. Findings. The approving authority shall make the following findings before approving a conditional use permit application: I. The proposed use is consistent with the general plan 2. The proposed use is consistent with the purposes of the development code and the purposes of the applicable zone as well as any applicable specific plans or city regulations/standards. 3. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints that would make conduct of the use undesirable. 4. The design,location, size and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The factors to be considered in making this finding include: a. Property damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination caused by the use; b. Hazard to persons or property from possible explosion, contamination, fire or flood caused by the use; and, C. Significantly increase the volume of traffic or negatively alter the pattern of traffic. 6. The proposed use will not pose an undue burden on city services,including police, fire, streets, and other public utilities, such that the city is unable to maintain its current level of service due to the use; and 7. The proposed project has been reviewed in compliance with the California Environmental Quality Act(CEQA). F. Conditions of approval. The approving authority may impose reasonable conditions of approval to enable it to make the above findings and to ensure that the use will meet all applicable performance criteria,regulations,and standards and is compatible with surrounding uses,and to preserve the public health, safety, and welfare. G. Approval applies to land. Any conditional use permit approval shall run with the land and shall continue to be valid for the time period specified, whether or not there is a change of ownership of the site or structure to which it applies. Conditional use permit approval cannot be transferred to another site. Chapter 17.22 CITE'COUNCIL DECISIONS 17.22.010 Purpose. The purpose of this chapter is to establish permits and entitlements that are decided by the city council. Each permit and entitlement type is described in this chapter in terms of purpose and applicability, exemptions,review process, findings for approval, and conditions. General processing procedures are established in chapter 17.14 (General Application Processing Procedures). (Code 1980, § 17.22.010; Ord. No. 855, § 4,2012) 17.22.020 Master plan. A. Purpose. The purpose of a master plan is to allow for the coordinated comprehensive planning of a subarea of the city in order to accomplish any of the following objectives: 1. Protect a unique environmental, historical, architectural, or other significant site feature that cannot be adequately protected by adoption of another land use zone. 2. Allow the development of an exceptional project design that cannot be built under an existing zone or due to constraints of existing development standards. 3. Further the implementation of specific goals and policies of the city as provided in the general plan. 4. "Plan ahead" and look beyond the limits of a particular property to solve circulation, drainage, and neighborhood compatibility problems. 5. Provide flexibility for developments beyond conventional zoning regulations to address special or unique needs or characteristics. B. Review process. 1. A master plan may be initiated for any reason beneficial to the city by motion of the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the master plan, or by recommendation of the planning director. 2. The designated approving authority for a master plan is the city council,which shall hold apublic hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. Public notice shall be provided and public hearing conducted pursuant to section 17.14.050 (Public Hearing and Public Notice).The city council may approve or deny the master plan by resolution in accordance with the requirements of this title. C. Master plan requirements. 1. A master plan shall include all of the following components: a. Physical characteristics of the site. b. Location of structures and other significant improvements. C. Significant natural features of the site. d. Available public facilities. e. Capacity of existing and planned circulation systems. f. Existing and planned uses within 1,000 feet. g. Land within 1,000 feet of the site that is designated as state responsibility area (SRA) or wildland-urban interface fire area. h. A boundary map of the property and a calculation of the gross land area within the proposed zone. A tentative subdivision map may be substituted if the applicant proposes to subdivide the property. i. A discussion of specific objectives and limits for development of the property which recognize and respond to identified opportunities and constraints of the master plan. j. Proposed land use and a description of how the land uses implement the general plan. k. Proposed density ranges for proposal that include housing and how the density ranges correspond to the general plan. 1. Land use plan including,but not limited to, the acreage of each land use type and number of housing units by type. The distribution of land uses shall be expressed in terms of acreage and the total number of residential units and/or square footage of nonresidential buildings allowed. in. A circulation plan showing proposed block and street network, existing and proposed public and private streets,pedestrian ways,trails, connections to adjacent properties, and related transportation access or circulation features required to serve the proposed development and ensure access and connectivity. 2. The master plan may include specific regulations applicable to, and a procedure for review of proposed development,within the master plan area, such as: a. Performance and development standard requirements related to setbacks, lot area, intensity of development on each lot,parking requirements, landscaping, and signs. b. Design standards and guidelines as appropriate for the specific site and development. C. Open space plan including protection measures for significant natural features, parks, and other site amenities. d. A site specific wildfire protection plan. e. Types of projects that require review. f. Documents required from developers. g. Regulations relating to nonconforming lots,uses, structures, and signs. h. Time phasing and sequence of development projects. 3. Pursuant to section 17.14.060 and other provisions of this title, a master plan is required for large industrial buildings of 450,000 square feet or more. a. The purpose of the master plan for such industrial buildings is to ensure that the development does not impose significant burdens on City services and nearby businesses and residents, as well as to ensure that the development has adequate public services and infrastructure to accommodate the expected uses. In addition, the master planning process is expected to ensure that the proposed industrial development provides community benefits that may not otherwise be provided through strict application of the provisions of this title. b. Upon recommendation by the city engineer and fire chief, a master plan may vary or waive the traffic standards identified in section 17.36.040 if the city council determines that doing so would not frustrate the underlying purpose of the subject standard(s) or cause a significant impact on public health, safety, or welfare. D. Findings.A master plan shall not be adopted unless the following findings are made: I. The proposed master plan is consistent with the goals, policies, and objectives of the general plan. 2. The proposed master plan meets the applicable requirements set forth in this title. 17.22.030 Specific plan. A. Purpose. The purpose of a specific plan is to provide a vehicle for implementing the city's general plan on an area-specific basis. The specific plan serves as a regulatory document, consistent with the general plan. In the event there is an inconsistency or conflict between an adopted specific plan and comparable provisions of this title, the specific plan shall prevail. This section describes the process for adopting and amending specific plans and approving subsequent development under a specific plan. B. Requirements.All specific plans shall meet the following requirements: 1. Minimum size. a. A Specific Plan Zone shall include a minimum area of 100 contiguous acres subject to unified planning, construction, and development by a person, corporation, or other entity;property owned by public utilities, local districts or local governments will not be counted toward the 100-acre minimum,but may be used as a connector of ownership or ensuring area is contiguous. 2. Site development regulations and performance standards. a. The Specific Plan Zone and all uses therein shall be designed and developed in a manner compatible with and complementary to existing and potential development in the general vicinity of the zone. Site planning on the perimeter shall provide for the mutual protection of the zone and surrounding property from potential adverse influences. b. There shall be no minimum area,width, or depth requirement for individual lots except as established by a development plan, a conditional use permit, or development review. C. There shall be no minimum yard requirement for individual lots except as established by a development plan, a conditional use permit, or development review. d. There shall be no minimum usable open space requirement for individual lots except as established by a development plan, a conditional use permit, or development review. e. There shall be no maximum height or coverage requirement for individual lots except as established by a development plan, specific plan, community plan, conditional use permit, or development review. f. The maximum number of dwelling units within a Specific Plan Zone shall not exceed the number of units indicated by the general plan for property within the zone designated for residential use by the general plan,provided that the distribution of units within the zone and the maximum or minimum residential density on any individual site or within designated portions of the zone shall be governed by the development plan, conditional use permit, or development review approval pursuant to the development plan. g. All public streets within or abutting the development shall be dedicated and improved to city specifications for that particular classification of street.Private streets within the development shall be permanently reserved and maintained for their intended purpose by means acceptable to and enforceable by the city. Consideration of other forms of access, such as pedestrian ways, court,plazas, driveways,horse trails,bike trails, or open parking lots offered for dedication,may be made at the time of the development plan and text consideration as a means of meeting requirements for open space or park dedication requirements. h. All development within a Specific Plan Zone shall relate harmoniously to the topography of the site; shall make suitable provision for the preservation of water courses, drainage areas,wooded areas,rough terrain, and similar natural features; and shall otherwise be so designed,inasmuch as possible,to use and retain natural features and amenities to the best advantage to the extent that public health, safety, or welfare is not compromised. i. Mechanical and electrical equipment,including air conditioners, antennas,pumps, heating or cooling or ventilating equipment, exterior lighting, or similar equipment, shall be located and operated in a manner so as not to unreasonably disturb the peace,quiet, and comfort of neighboring residents. Excluding roof-mounted solar collector panels and decorative exterior lighting, all such equipment and devices shall be screened from view from any abutting street and shall not be located in a front yard. j. All areas for storage of maintenance equipment and all service areas including refuse storage and collection facilities shall be enclosed by a fence,wall, or landscape screen. k. All uses with a Specific Plan Zone shall provide off street parking and loading facilities pursuant to chapter 17.64(Parking and Loading Standards). 1. There shall be a proposed means for assuring continuing existence, maintenance, and operation of the various common elements and facilities. in. Additional site development regulations and performance standards applicable to individual uses or to designated portions of a Specific Plan Zone may be established by the development plan, conditional use permit, location and development plan,or development review approval pursuant to the development plan. 3. Developmentplan.The development plan to be submitted with an application for a Specific Plan Zone shall include the following: a. A boundary survey map of the property and a calculation of the gross land area within the proposed zone.A tentative subdivision map may be substituted if the applicant proposes to subdivide the property. b. A topographic map and general grading concept plan with specific sections for sensitive areas, as determined by the planning director, for the property and adjacent land within 100 feet of the property, shown at contour intervals not to exceed two feet for natural slopes over one percent or less. For natural slopes over two percent, the contour interval shall not exceed five feet. C. Maps and supporting tabulations showing the current general plan land use designation, the current zone classification, and the current land use within the proposed zone and on adjacent sites within 300 feet. The location of structures and other significant improvements shall be shown. d. A land use plan identifying areas within the proposed zone and uses to be developed therein, supported by proposed or projected acreage,population,housing units, employment, and such related planning and development data as the planning director may require. e. A development plan indicating the general phasing or anticipated schedule indicating the total phasing of the Specific Plan Zone and areas to be developed in phases and the anticipated time schedule for beginning of construction and for completion of each phase of development including a pro rata share of amenities,parks, and open space. This is a generalized schedule and may be adjusted according to market constraints as the community develops. f. A circulation plan showing existing and proposed public and private streets, pedestrian ways,trails, and related transportation access or circulation features required to serve the proposed development. The circulation plan shall be supported by schematic designs of principal traffic and circulation improvements and such traffic engineering data as required by the planning director to demonstrate that existing and proposed facilities,both within and outside the zone, shall be adequate to serve land uses proposed by the development plan. g. A preliminary report and overall plan describing anticipated requirements and proposed means of providing utility facilities and public services,including but not limited to, storm drainage, sewage disposal, water supply,wildfire protection,parks and recreation, and school facilities. h. An accompanying development plan text setting forth the basic land use regulations, site development regulations, and performance standards designed to govern each use area identified by the land use plan. The text need not incorporate the same level of detail as found in the regulations for base zones,but shall be as comprehensive as necessary to establish basic provisions and regulations which shall govern subsequent approval of specific tracts or developments within the Zone. The text shall include,but not be limited to, the following provisions: i. A listing of allowable uses within each use area including such qualifying descriptions or definitions and requirements for conditional use permits as may be applicable. ii. Maximum and minimum regulations, as appropriate, governing residential density, site coverage, lot size and dimensions,yard requirements,usable open space, landscaping, and performance standards. iii. Required yards, landscaping, or other site development regulations to be applicable adjacent to other zones at the perimeter of the Specific Plan Zone. iv. Supplemental illustrations, as required, establishing the basic community architectural character, environmental character, and environmental design qualities to be attained throughout the Specific Plan Zone and within particular portions of the zone. V. Such other information, such as a topographic model in areas of excessive slope, as may be required by the planning director,the planning commission, or the city council to permit complete analysis and appraisal of the development and to facilitate adoption of the Specific Plan Zone and the development plan by the city council. C. Review process. 1. Pre-application procedure. Prior to submitting an application for a Specific Plan Zone, the applicant or prospective developer should hold preliminary consultations with the planning director and other city officials to obtain information and guidance before entering into binding commitments incurring substantial expense in the preparation of plans, surveys and other data. Such preliminary consultations should be relative to a conceptual development plan, which includes,but is not limited to, the following: a. Proposed land uses to be developed within the zone. b. Development concepts to be employed. C. Schematic maps,illustrative material, and narrative sufficient to describe the general relationships between land uses and the intended design character and scale of principal features. d. A preliminary time schedule for development including quantitative data, such as population,housing units, land use acreage, and other data sufficient to illustrate phasing of development and potential impact on public service requirements. 2. Following initial preliminary consultations pursuant to this section, the planning director may require submission of a competently prepared housing market analysis demonstrating the need for housing by price range and number of dwelling units. Such analysis may be requested as a part of the pre-application review procedure, may be made a requirement for submission of an application for a Specific Plan Zone,or may be requested as part of the environmental assessment or environmental impact report. 3. Following initial preliminary consultations pursuant to this section, the planning director may require submission of a competently prepared commercial market analysis for any proposed shopping center of major commercial or mixed uses showing the need for such uses in the location requested and the inadequacy of existing zone sites to meet this need. The market analysis shall include,but not be limited to, the following: a. Determination of potential trade area. b. Estimates of existing and future population of the trade area. C. Determination of existing and potential effective buying power in the trade area. d. Determination of the net potential customer buying power for the proposed commercial or mixed use development. Such analysis may be requested as a part of the pre-application review procedure or may be made a requirement for submission of an application for a planned community district or may be requested as part of the environmental assessment or environmental impact report. 4. Following initial preliminary consultation in compliance with this section, the planning director may require presentation of the conceptual development plan to the planning commission. Such presentation shall be for information purposes only and shall be in addition to subsequent public review requirements pursuant to an application for a Specific Plan Zone and submission of development plan. 5. The designated approving authority for a Specific Plan is the city council, which shall hold a public hearing on the planning commission recommendation prior to taking action.The planning commission shall hold a public hearing and then shall provide a recommendation, which recommendation shall include the reasons for the recommendation and the relationship of the proposal to the general plan. The city council approves by ordinance or denies the Specific Plan in accordance with the requirements of this title. 6. An amendment to a development plan text and map may be initiated by the planning commission or the city council, or may be initiated by the original applicant for the Specific Plan District or a successor thereto, provided such applicant or successor has, at the time of application for an amendment, a continuing controlling interest in development or management of uses within the Specific Plan zone. D. Findings. Specific Plans, and any amendment thereto, shall be approved only when the city council makes all of the following findings: 1. The proposed Specific Plan is consistent with the general plan goals, policies, and implementation programs. 2. The land use and development regulations within the Specific Plan are comparable in breadth and depth to similar zoning regulations contained in this title. 3. The administration and permit processes within the Specific Plan are consistent with the administration and permit processes of the zoning code. (Code 1980, § 17.22.030; Ord.No. 855, § 4,2012; Ord.No. 879 § 4, 2015) 17.22.040 Development Code/zoning reap amendment. A. Purpose. The purpose of a Development Code/zoning map amendment is to allow modification to any provisions of this title (including adoption of new regulations or deletion of existing regulations), or to rezone or change the zoning designation on the zoning map for any parcel(s). This section is consistent with Government Code § 65853. B. Review process. 1. A Development Code/zoning map amendment may be initiated by the planning commission or the city council, by application of property owner(s) of parcel(s) to be affected by the Development Code/zoning map amendment, or by recommendation of the planning director. 2. The designated approving authority for a Development Code/zoning map amendment is the city council,which shall hold apublic hearing on the planning commission recommendation prior to taking action. The planning commission shall hold a public hearing and then shall provide a recommendation, which shall include the reasons for the recommendation and the relationship of the proposal to the general plan and any specific plans.The city council approves by ordinance or denies the zoning code/map amendment in accordance with the requirements of this title. C. Findings.Development Code/zoning map amendments may be approved only when the city council finds that the Development Code/zoning map amendment is consistent with the general plan goals, policies, and implementation programs. (Code 1980, § 17.22.040; Ord.No. 855, §4, 2012) 17.22.050 Prezoning. A. Purpose. The purpose of prezoning is to establish the designation of land uses for unincorporated property adjoining the city,within the sphere of influence,prior to annexation. B. Review process.The method of accomplishing prezoning shall be the same as for zoning amendment as provided in section 17.22.040 (Development Code/zoning map amendment). Such zoning shall become effective at the time annexation becomes effective.Upon passage of an ordinance establishing the applicable pre-zone designation for property outside the city, the zoning map shall be revised to show the potential or"pre-zone"classification to become effective upon annexation,and shall identify each zone or zones applicable to such property with the label of"PRE ZONE" in addition to such other map designation as may be applicable. (Code 1980, § 17.22.050; Ord.No. 855, § 4, 2012) 17.22.060 Development agreement. A. Purpose. This section establishes procedures and requirements for the review and approval of development agreements in compliance with the provisions of Government Code §§ 65864 through 65869.5. The city council finds and declares the use of development agreements is beneficial to the public,in that: 1. Development agreements increase the certainty in the approval of development projects,thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public. 2. Development agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development. 3. Development agreements enable the city to plan for and finance public facilities,including,but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing. B. Applicability. Only a person who has legal or equitable interest in the subject property which is the subject of the development agreement(or his or her authorized agent),may submit an application for a development agreement. C. Review process.The designated approving authority for development agreements is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing on the proposed development agreement and make a recommendation to the city council. The city council approves by ordinance or denies the development agreement in accordance with the requirements of this title. D. Findings. A development agreement may only be granted when the city council makes all of the following findings specifying that the development agreement: 1. Is consistent with the objectives,policies, and general land uses specified in the general plan and any applicable specific plans. 2. Is compatible and in conformity with public convenience, general welfare, and good land use and zoning practice. 3. Will not be detrimental to the health, safety, and general welfare of the city. 4. Will not adversely affect the orderly development of property or the preservation of property values. E. Amendment and cancellation of agreement. Any party to the agreement may propose an amendment to or cancellation in whole or part of the development agreement,the procedure for which is the same as the procedure for entering into the agreement initially.Notice of intention to amend or cancel any portion of the development agreement shall be given as provided in chapter 17.14 (General Application Processing Procedures). F. Recordation.Within ten days after the city enters into the development agreement or any amendment thereof, the city clerk shall cause the agreement or amendment to be recorded with the county recorder.Additionally,the city clerk shall be the official custodian of the development agreement file. Said file shall include an executed copy of the agreement and the originals of all exhibits, reports of periodic review, amendments, and/or cancellations to the development agreement. G. Periodic review. The planning director may, from time to time, review the development agreement and provide a written report to the city council. The burden of proof is on the applicant to provide necessary information verifying good faith compliance with the terms of the development agreement. The applicant shall also bear the cost of such review in accordance with the fee established by city council resolution. If the planning director finds that any aspect of the development project is not in good faith compliance with the terms of the development agreement, the planning director may schedule the matter before the appropriate approving authority for review for possible amendment or revocation. (Code 1980, § 17.22.060; Ord.No. 855, §4, 2012) 17.22.070 General plan amendment. A. Purpose. The purpose of a general plan amendment is to allow for modifications to the general plan text (e.g., goals, policies, or implementation programs) or to change the general plan land use designation on any parcel(s). B. Review process.The designated approving authority for general plan amendments is the city council, which shall hold a public hearing prior to taking action. The planning commission shall hold a public hearing and provide a recommendation. The city council approves by resolution or denies the general plan amendment in accordance with the requirements of this title. C. Frequency of amendment. Pursuant to Government Code § 65358, no mandatory element of the general plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the general plan. D. Initiation of amendment.A general plan amendment may be initiated by the planning commission or the city council,by application of property owner(s)of parcel(s)to be affected by the general plan amendment,or by recommendation of the planning director to clarify text, address changes mandated by state law,maintain internal general plan consistency, address boundary adjustments affecting land use designation(s), or for any other reason beneficial to the city. Findings. The city council may approve a general plan amendment upon finding that the amendment is in the public interest and that the general plan as amended will remain internally consistent. In the event that a general plan amendment is requested by a private property owner, the applicant shall demonstrate to the city council that there is a substantial public benefit to be derived from such amendment and how the proposed amendment furthers the goals of the general plan. (Code 1980, § 17.22.070; Ord.No. 855, § 4, ARTICLE 111. ZONES, ALLOWED USES, AND DEVELOPMENT STANDARDS Chapter 17.26 ESTABLISHMENT OF ZONES 17.26.010 Chapter purpose. This chapter establishes the framework of zones within the city and their relationships to the city's general plan land use designations. (Code 1980, § 17.26.010; Ord.No. 855, § 4, 2012) 17.26.020 Zones established. A. Zone purpose. Zones are established in order to classify, regulate, designate, and distribute the uses of land and buildings; to regulate and restrict the height, setbacks and bulk of buildings; to regulate the area of yards and other open spaces around buildings; and to regulate the density of population. The city is divided into zones that are grouped into two categories: (a) base zones and (b) overlay zones. These zones are listed and described in Table 17.26.020-1 (Rancho Cucamonga Zones), along with the general plan land use designation that they implement. B. Base zones. The base zone is the primary zone that applies to a property. Every parcel throughout the city has a base zone that establishes the primary land use type, density, intensity, and site development regulations. Base zones are grouped into five categories as follows: I. Residential Zones. 2. Form-Based Zones . 3. Industrial Zones. 4. Open Space Zones. 5. Special Purpose Zones. C. Overlay zones. The Overlay Zones supplement base zones for one or more of the following purposes: I. To allow more flexibility from the standard provisions of the underlying base zone. 2. To protect unique site features or implement location-specific regulations. 3. To specify a particular standard or guideline for an area. D. Sub zones. Sub zones are subsets of the primary zone. Sub zones align with the primary zone development standards and uses requirements except where otherwise noted in this title. E. In the event of a conflict between the regulations of the base zone and the Overlay Zone,the provisions of the Overlay Zone shall apply. TABLE 17.26.020-1 RANCHO CUCAMONGA ZONES AND SUBZONES Zone Symbol Zone Name/Description Residential Zones and Subzones Very Low Residential. Designates areas for semi-rural residential use, with a minimum lot size of VL 20,000 square feet and a maximum residential density of up to 2 units per gross acre. Limited neighborhood serving businesses in small buildings may be allowed on select corner parcels to provide goods and services for daily needs and community gathering spots. VL-EH Very Low Residential—Etiwanda Highlands 14000. Designates areas for semi-rural residential 14000 use,with a minimum lot size of 14,000 square feet and a maximum residential density of up to 2 units per gross acre. VL-EH Very Low Residential—Etiwanda Highlands 9000. Designates areas for semi-rural residential use, 9000 With a minimum lot size of 9,000 square feet and a maximum residential density of up to 2 units per gross acre. L Low Residential. Designates areas for single-family residential use,with a minimum lot size of 7,200 square feet and a maximum residential density of 6 units per gross acre. Low Residential—Etiwanda Specific Plan. Designates areas for single-family residential use,with L-ESP a minimum lot size of 10,000 square feet and a maximum residential density of 6 units per gross acre. Low Medium Residential. Designates areas for low medium density single-family or multiple- LM family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods,including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. Low Medium Residential—Terra Vista. Designates areas for low medium density single-family or LM-TV multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods,including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. Low Medium Residential—Etiwanda Specific Plan South. Designates areas for low medium LM-ESP density single-family or multiple-family use with site development regulations that assure South development compatible with nearby single-family detached neighborhoods,including a minimum lot size of 5,000 square feet and a maximum residential density of 8 units per gross acre. Low Medium Residential—Etiwanda Specific Plan. Designates areas for low medium density LM-ESP single-family or multiple-family use with site development regulations that assure development compatible with nearby single-family detached neighborhoods,including a minimum lot size of 7,200 square feet and a maximum residential density of 8 units per gross acre. Medium Residential. Designates areas for medium density multiple-family use,with site M development regulations that assure development compatible with nearby lower density residential development, with a maximum residential density of 14 units per gross acre. Medium Residential—Terra Vista 1. Designates areas for medium density multiple-family use, M-TV1 With site development regulations that assure development compatible with nearby lower density residential development,including a minimum lot size of 3,500 square feet and a maximum residential density of 14 units per gross acre. Zone Symbol Zone Name/Description Medium Residential—Etiwanda Specific Plan South. Designates areas for medium density M-ESP multiple-family use,with site development regulations that assure development compatible with South nearby lower density residential development,including a minimum lot size of 5,000 square feet and a maximum residential density of 14 units per gross acre. Medium Residential—Etiwanda Specific Plan. Designates areas for medium density multiple- M-ESP family use,with site development regulations that assure development compatible with nearby lower density residential development,including a minimum lot size of 7,200 square feet and a maximum residential density of 14 units per gross acre. Medium High Residential.Designates areas for medium high density multiple-family use,with site MH development regulations that assure development compatible with nearby lower density residential development with a maximum residential density of 24 units per gross acre. Medium High Residential—Terra Vista. Designates areas for medium high density multiple-family MH-TV use,with site development regulations that assure development compatible with nearby lower density residential development,including a minimum lot size of 1 acre and a maximum residential density of 24 units per gross acre. High Residential. Designates areas for a variety of high density multiple-family housing, and mixed-use buildings ,with site development regulations that assure development compatible with H nearby lower density residential development with a maximum residential density of 30 units per gross acre. Limited context-sensitive neighborhood commercial uses may be allowed in select locations to provide goods and services for daily needs and community gathering spots. High Residential—Terra Vista. Designates areas for a variety of single family attached/detached H-TV housing, multiple-family housing, and mixed-use buildings,with site development regulations that assure development compatible with nearby lower density residential development,with a maximum residential density of 30 units per gross acre. Form-Based Zones (See Article VIII) Neighborhood Estate 2. Low density and intensity residential development on large lots within NE2 interconnected neighborhoods. Context sensitive retail and services uses are allowed in key locations. Neighborhood General 3. Medium density and intensity development along certain segments and nodes of major corridors in proximity to smaller-scale residential neighborhoods.Buildings NG3 promote walkability and contribute to active,vibrant environments while being context-sensitive by transitioning scale when adjacent to lower density neighborhoods.Uses provide a range of daily needs within walkable suburban neighborhoods,with some transitional auto-oriented development in outlying areas. Center 1. Active,vibrant town centers that promote walkability with neighborhood- serving CEl commercial and retail uses in proximity to medium density residential development. Buildings front streets and provide a vibrant, safe street environment for pedestrians and cyclists. Mixed Employment 1. Medium intensity development focused on walkable professional office and MEl employment uses. Buildings front streets and transition areas from auto-oriented office parks to mixed-use,vibrant hubs of activity. Zone Symbol Zone Name/Description Mixed Employment 2. Medium to high intensity development focused on professional office, ME2 creative industrial and maker spaces, and employment uses along active,walkable streets. Buildings front streets and corridors with tall ground floors that support a mix of uses, entrances, and facades. Corridor 1. Medium intensity mixed-use development that transitions existing auto-oriented corridors and places to vibrant areas that promote walkability. Building and entrance/facade types C01 are diverse, contributing to a mix of distinct places along major corridor areas. Buildings front streets and transition in scale to surrounding neighborhoods with some auto-oriented development along secondary streets. Corridor 2. Medium to high intensity mixed-use development along active,walkable corridors and CO2 at key intersections. Buildings front streets and transition in scale to surrounding neighborhoods with some transitional auto-oriented development along secondary streets. Center 2. Mixed-use urban areas with pedestrian-friendly commercial and residential hubs and CE2 infill development along vibrant public spaces that promote walkability. Buildings transition in scale (i.e., step up or step down) to surrounding neighborhoods, centers, and districts. Developments support safe streets for pedestrians and cyclists. Industrial Zones Neo-Industrial.Designates areas to support a complementary mix of uses such as,research and development, light and custom manufacturing, engineering and design services,breweries, and maker spaces, as well as accessory office,retail and limited residential uses to compliment the NI primary use; supportive amenities and services; and convenient transit access. This zone encourages light industrial activities with low environmental impacts and supports the growth of creative industries,incubator businesses, and innovative design and manufacturing. The zone can allow for small scale, context sensitive warehousing, distribution and manufacturing to support small business development. Industrial Employment. Designates areas reserved for manufacturing,processing, construction and heavy equipment yards,warehousing and storage, e-commerce distribution, light industrial research parks, automobile and vehicle services, and a broad range of similar clean industrial IE practices and processes that typically generate more truck traffic,noise, and environmental impacts than would be compatible with office and residential uses. This zone prohibits non-industrial uses, except for accessory office and commercial uses (such as restaurants or convenience stores) that support the employees of the primary industrial use, and on-site caretaker units. Open Space Zones Open Space Conservation.Designates areas primarily to protect environmentally sensitive land. OSC The use regulations, development standards, and criteria encourage preservation of existing conservation areas and protection of natural resources. Hillside Residential.Designates areas for maintaining natural open space character through protection of natural landforms; minimizing erosion;providing for public safety;protecting water, HR flora, and fauna resources; and establishing design standards to provide for limited development in harmony with the environment. Allowed density is a maximum of 2 units per net buildable acre as determined through the Hillside Development Review process. Parks. Designates areas primarily for public parks,public schools, and public facilities. The use P regulations and development standards provide for low intensity development and encourage educational and recreational activities. Zone Symbol Zone Name/Description Flood Control/Utility Corridor. Designates areas necessary for flood control facilities for protection FC/UC of the public health, safety, and general welfare as well as utility corridors in which land uses compatible to both the utility function and surrounding, existing, or proposed land uses are allowed. Special Purpose Zones Specific Plan. Designates areas for master planning through the adoption of a specific plan with SP unique land use and development standards for a particular pro]ect areas with a minimum of 100 acres. Overlay Zones Senior Housing. Designates areas available for affordable rental housing units to serve the city's SH senior citizens. Zone provisions ensure high quality pro]ect design and establish incentives for ongoing affordability for this target group. This zone can be combined with any residential base zone that meets the overlay zone qualifications. Equestrian. Designates areas for the keeping of equine,bovine, and cleft-hoofed animals. Further, this zone protects the ability to maintain such animals,promotes a"rural/farm" character in an E urban setting, and recognizes and encourages the educational and recreational values derived from raising and maintaining such animals. This zone may be combined with any residential base zone that meets the overlay zone qualifications. Hillside. Designates sloped areas subject to special hillside development regulations. Generally, H this zone applies to areas with a slope greater than or equal to 8%. This zone may be combined with any residential base zone that meets the overlay zone qualifications. LW Large Warehouse. Designates area where large industrial buildings with a gross floor area over 450,000 square feet are permitted. CS Cucamonga Station Area. Designates an area around the Rancho Cucamonga Metrolink station for modified FAR and density standards. (see article VIII). (Code 1980, § 17.26.020; Ord.No. 855, § 4, 2012) Chapter 17.28 ADOPTION OF ZONING MAP 17.28.010 Zoning map established. The city council hereby adopts the city zoning map (hereafter referred to as the zoning map) as the official designation of zone boundaries on real property within the city. The zoning map shall be regulated as set forth below. A. Incorporated by reference. The zoning map is hereby incorporated into this Development Code by reference as though it were fully included. B. Map amendments. Amendments to the zoning map shall follow the zoning amendment process established in chapter 17.22 (City Council Decisions) and shall be reflected on the city's zoning map. C. Record of zoning map changes. The zoning map and a record of all prior amendments thereto shall be kept on file with the city clerk and shall constitute the original record. Electronic and hard copies of the currently effective zoning map shall also be kept on file with the planning department. D. Relationship to general plan. The zoning map shall implement and be consistent with the city's adopted general plan. E. Zone symbol.Zones shall be illustrated on the zoning map as follows: I. Each base zone shall be shown on the zoning map by use of its representative zone symbol, as listed in Table 17.26.020-1 (Rancho Cucamonga Zones). 2. Each adopted Specific Plan shall be delineated with the respective zone symbol (SP ) and number to distinguish it from other adopted Specific Plans and/or Planned Communities. This designation on the zoning map serves to provide a reference to the corresponding master plan pro]ect documents adopted by the city council. 3. Each Overlay Zone shall be shown on the zoning map by use of its representative symbol in conjunction with the base zone symbol (e.g., VL-H), as listed in Table 17.26.020-1 (Rancho Cucamonga Zones). (Code 1980, § 17.28.010; Ord.No. 855, § 4, 2012) 17.28.020 Zoning map interpretation. If there is uncertainty about the location of any zone boundary shown on the zoning map, the precise location of the boundary shall be determined by the planning director as listed below. A. The boundaries of a zone shall be the parcel lines of real property, unless otherwise shown. Where a zone's boundaries approximately follow plot lines, those lines shall be interpreted as the zone boundaries. B. If a zone boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map,the location of the boundary shall be determined by using the scale appearing on the zoning map. Except as otherwise provided by this Code through integrated development, each portion of the property shall be developed to the standards and allowed use provisions of the applied zone and any applied overlay zone(s). C. Where the street layout on the ground or the parcel lines differs from such layout or lines shown on the zoning map,the planning director shall determine the exact boundary and the zoning map shall be amended to conform to the layout on the ground. D. Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley shall be included within the zone of the adjoining property on either side of the centerline of the vacated or abandoned street or alley. (Code 1980, § 17.28.020; Ord.No. 855, § 4, 2012) Chapter 17.30 ALLOWED LAND USE BY BASE ZONE 17.30.010 Purpose. The purpose of this chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the city's base zones. Standards and allowed use regulations for form-based zones are provided in article VIII(Form-Based Code).Uses allowed herein are consistent with and implement the corresponding land use designations in the city's general plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in chapter 17.104 (Temporary Uses). (Code 1980, § 17.30.010; Ord.No. 855, § 4, 2012) 17.30.020 Classification of land uses. In order to simplify land use regulations, land uses listed in this chapter and throughout this title have been grouped into general categories on the basis of common function,product, or compatibility characteristics. These allowed use categories are called"use classifications."Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in chapter 17.32(Allowed Use Descriptions). For example, "personal service use"includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this title, "personal service use"is listed once and is further described in chapter 17.32(Allowed Use Descriptions). The following rules apply to use classifications: A. Specific use regulations.Additional use regulations for specific land uses are listed in article V(Specific Use Requirements). B. Temporary uses. Land use classifications in this chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in chapter 17.104 (Temporary Uses). C. Uses not listed. Land uses that are not listed in the zone tables are not allowed, except as otherwise provided for in this title. D. Illegal uses.No use that is illegal under local,state,or federal law shall be allowed in any zone within the city. E. Overlay zones. When a property is located within an Overlay Zone, any special allowed use provisions associated with said Overlay Zone shall apply. If the special allowed use provisions for the Overlay Zone are in conflict with the allowed use provisions of the base zone, the allowed use provisions for the Overlay Zone shall prevail. F. Special planning areas.When a property is located within a designated Special Planning Area(e.g., Specific Plan, Planned Community, master plan), there may be special allowed use provisions associated with the adopted/approved area plan. If the documents associated with the Special Planning Area are silent regarding allowed use provisions, the allowed use provisions of the base zone shall apply. If the allowed use provisions of the adopted/approved area plan conflict with the allowed use provisions of the base zone, the allowed use provisions for the Special Planning Area shall prevail. G. Similar uses. When a use is not specifically listed in this Code, it shall be understood that the use may be permitted if the planning director determines that the use is substantially similar to other uses listed based on established criteria and required findings outlined in section 17.16.100(Similar Use Determination). It is further recognized that every conceivable use cannot be identified in this title and, anticipating that new uses will evolve over time, the planning director may make a similar use determination to compare a proposed use and measure it against those uses listed. (Code 1980, § 17.30.020; Ord.No. 855, § 4, 2012) 17.30.030 Allowed land uses and permit requirements. A. Allowed land uses. Allowed uses and corresponding permit and entitlement requirements for the base zones are listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). Uses are organized into common categories as follows: I. Residential uses. 2. Agriculture and animal related uses. 3. Recreation,resource preservation, open space, education, and public assembly uses. 4. Utility, transportation,public facility, and communication uses. 5. Office and service uses. 6. Retail and restaurant uses. 7. Automobile and vehicle uses. 8. Industrial,manufacturing, and processing uses. B. Permit requirements. Generally, a use is either allowed by right, allowed through issuance of a conditional use permit,or not permitted.In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning permits or entitlements identified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone)include: 1. Permitted(P).A land use shown with a"P"indicates that the land use is permitted byright in the designated zone,subject to compliance with all applicable provisions ofthis title(e.g.,development standards)as well state and federal law. 2. Permitted with a Minor Use Permit (M). A land use shown with an "M" indicates that the land use is permitted in the designated zone upon issuance of a minor use permit from the designated approving authority, subject to compliance with all applicable provisions of this zoning code (e.g., development standards) as well as state and federal law. 3. Conditionally permitted(Q. A land use shown with a"C"indicates that the land use is permitted in the designated zone upon issuance of a conditional use permit fromthe designated approving authority,subject to compliance with all applicable provisions of this zoning code (e.g., development standards) as well as state and federal law. 4. Not permitted(N). A land use shown with an "N" is not allowed in the applicable zone. Additionally, uses not shown in the table are not permitted, except as otherwise provided for in this title. 5. Adult entertainment permit(A).A land use shown with an"A"indicates that the landuse is permitted in the designated zone upon issuance of an adult entertainment permit from the designated approving authority, subject to compliance with all applicable provisions of this zoning code (e.g., development operational standards)as well as state andfederal law. C. Base zone and subzone names and symbols. Base zone and subzone names for the zone symbols used in the table are listed below. Specific Plan (SP) and is not listed in the table as the allowed uses for those zones are determined in compliance with the adopted Specific Plan. • Very Low Residential(VL),includes all subzones of VL: • Very Low Residential—Etiwanda Heights 14000 (VL-EH 14000) • Very Low Residential—Etiwanda Heights 9000 (VL-EH 9000) • Low Residential(L),includes all subzones of L: • Low Residential—Etiwanda Specific Plan(L-ESP) • Low Medium Residential(LM),includes all subzones of LM: • Low Medium Residential—Terra Vista(LV-TV) • Low Medium Residential—Etiwanda Specific Plan South(LM-ESP South) • Low Medium Residential—Etiwanda Specific Plan(LM-ESP) • Medium Residential(M),includes all subzones of M: • Medium Residential—Terra Vista 1 (M-TVI) • Medium Residential—Etiwanda Specific Plan South(M-ESP South) • Medium Residential—Etiwanda Specific Plan(M-ESP) • Medium High Residential(MH),includes all subzones of MH: • Medium High Residential—Terra Vista(MH-TV) • High Residential(H),includes all subzones of H: • High Residential—Terra Vista(H-TV) •Neo-Industrial(NI) • Industrial Employment(IE) • Open Space Conservation (OSC) • Hillside Residential(HR) • Parks (P) • Flood Control/Utility Corridor(FC/UC) TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONE Land Use/Zoning District VL L LM M M R H NI IE OS HR P FC/UC Residential Uses Accessory Dwelling Unit P P P P P P N N P P N N Adult Day Care Home P P P P P P N N N P N N Caretaker Housing M M M M M M M M P M P P Dwelling,Multi-Family N N P P P P N N N N N N Dwelling, Single-Family P P P P N N N N P P N N Dwelling,Two-Family P P P P P P N N P P N N Emergency Shelter(") N N N N N N C N N N N N Family Day Care Home P P P P P P P P P P P P Agricultural Employee Housing P P P P P P N N N N N N Guest House P P P N N N N N N N N N Group Residential M M M M M M N N N M N N Home Occupation P P P P P P N N P P N N Live-Work Facility N N N N N N N N N N N N Manufactured Home P P P P N N N N P P N N Mobile Home Park 0) M M M M M M N N N N N N Residential Care Facility M M M M M M N N N N N N Residential Care Home P P P P P P N N P P N N Short-Term Rental(11) P P P P P P N P P P P P Single-Room Occupancy Facility N N N P P P N N N N N N Supportive Housing P P P P P P N N N P N N Transitional Housing P P P P P P N N N P N N Low Barrier Navigation Center C C P P P P N N N P N N Agriculture and Animal-Related Uses Agricultural Uses(is) N N N N N N N N P N P P Animal Keeping(1) M/P M/P M/P M/P M/P M/P N N N N N N Equestrian Facility,Commercial M N N N N N N N M N M M Equestrian Facility,Hobby P N N N N N N N N N N N Microscale Agriculture N N N N N P N N M N M M Recreation,Resource Preservation,Open Space,Education,and Public Assembly Uses Assembly Use M M M M M M C N N N P N Cemetery/Mausoleum N N N N N N N N M N P N Community Center/Civic Use M M M M M M P N N M P N Community Garden P P P P P P N N P N P P Convention Center N N N N N N C C N N N N Golf Course/Clubhouse N N N N N N N N M N M M Indoor Amusement/Entertainment N N N N N N C N N N N N Facility Indoor Fitness and Sports Facility—Large N N N N N N C N N N N N Indoor Fitness and Sports Facility—Small N N N N N N M N N N N N Library and Museum M M M M M M N N M M M M Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/ITC Outdoor Commercial Recreation N N N N N N C N N N M N Park and Public Plaza P P P P P P M M P P P P Public Safety Facility M M M M M M C C N M P N Resource-Related Recreation P P P P P P N N P P P P School,Academic(Private)(") M M M M M M C N N M M N School,Academic(Public)(16) P P P P P P P N N P M N School,College/University(Private)(16) M M M M M M C N N M M N School,College/University(Public) M M M M M M C N N C M N Schools, Specialized Education and N N N N N N C C N N M N Training/Studio Theaters and Auditoriums N N N N N N N N N N M N Tutoring Center—Large N N N N N N N N N N N N Tutoring Center—Small N N N N N N N N N N N N Utility,Transportation,Public Facility,and Communication Uses Broadcasting and Recording Studios N N N N N N P N N N N N Park and Ride Facility N N N N N N P C N N N N Parking Facility N N N N N N N N N N M N Transit Facility N N N N N N C C N N M N Utility Facility and Infrastructure Fixed N N N N N N C C C N M M Based Structures(s, ") Utility Facility and Infrastructure— P P P P P P P P P P P P Pipelines(s) Wind Energy System—Small P N N N N N P P N N N N Service and Office Uses Adult Day Care Facility N N N N N C C N N N N N Adult-Oriented Business(6) N N N N N N A A N N N N Ambulance Service N N N N N N C P N N N N Animal Sales and Grooming N N N N N N N N N N N N Bail Bonds N N N N N N N N N N N N Banks and Financial Services N N N N N M P N N N N N Bed and Breakfast Inn M M M N N N N N N N N N Business Support Services N N N N N M P P N N N N Call Center N N N N N N M C N N N N Check Cashing Business N N N N N N N N N N N N Child Day Care Facility/Center(16) N N N N N C P P N N C N Commercial Cannabis Activity N N N N N N N N N N N N Crematory Services N N N N N N M N N N N N Hotel N N N N N N N N N N N N Kennel,Commercial N N N N N N C N N N N N Maintenance and Repair, Small N N N N N N P P N N N N Equipment Massage Establishment N N N N N N N N N N N N Massage Establishment,Ancillary(12) N N N N N N P N N N N N Medical Services,Extended Care N M M M M M P N N N N N Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/UC Medical Services,General N N N N N N P N N N N N Medical Services,Hospitals(16) N N M M M M P N N N N N Mortuary/Funeral Home N N N N N N N N N N N N Office,Business and Professional N N N N N N P N N N N N Office,Accessory N N N N N N P P N N N N Pawnshop(7) N N N N N N N N N N N N Personal Services N N N N N C P P N N N N Shooting Range N N N N N N C N N N N N Tattoo Shop(7) N N N N N N N N N N N N Veterinary Facility M N N N N N P P N N N N Retail and Restaurant Uses Alcoholic Beverage Sales N N N N N C M N N N N N Bar/Nightclub N N N N N N C N N N N N Building Materials Sales and Storage N N N N N N M P N N N N Yard Consignment Store N N N N N N N N N N N N Convenience Store N N N N N N M N N N N N Drive-In and Drive-Through Sales and N N N N N N M N N N N N Service(8) Electric Vehicle Showroom w/Indoor N N N N N N P P N N N N Sales Electric Vehicle Showroom w/Outdoor N N N N N N P P N N N N Sales Feed and Tack Store N N N N N N N N N N N N Garden Center/Plant Nursery N N N N N N P P P N P P Grocery Store/Supermarket N N N N N N N N N N N N Gun Sales N N N N N N M N N N N N Hookah Shop N N N N N N N N N N N N Home Improvement Supply Store N N N N N N P P N N N N Liquor Store N N N N N N M N N N N N Mobile Food Vehicle N N N N N M P P N N N N Restaurant,No Liquor Service N N N N N M P P N N N N Restaurant,Beer and Wine N N N N N C P C N N N N Restaurant,Full Liquor Service N N N N N N M N N N N N Retail,Accessory N N N N N M M P N N N N Retail,General N N N N N C M C N N N N Retail,Warehouse Club N N N N N N N N N N N N Secondhand Dealer N N N N N N N N N N N N Smoke Shop(7) N N N N N N N N N N N N Thrift Store(7) N N N N N N N N N N N N Automobile and Vehicle Uses Auto and Vehicle Sales and Rental N N N N N N M N N N N N Auto and Vehicle Sales,Auto broker N N N N N N C N N N N N Auto and Vehicle Sales,Wholesale N N N N N N P N N N N N Land Use/Zoning District VL L LM M MH H NI IE OS HR P FC/ITC Auto and Vehicle Storage N N N N N N N N N N N N Auto Parts Sales N N N N N N P N N N N N Car Washing and Detailing N N N N N N N N N N N N Electric Vehicle Repair and Service N N N N N N P P N N N N Recreational Vehicle Storage N N N N N N C C N N N N Service Stations N N N N N N M N N N N N Vehicle Services,Major N N N N N N P P N N N N Vehicle Services,Minor N N N N N N P N N N N N Industrial,Manufacturing,and Processing Uses(16) Commercial(Secondary/Accessory)- N N N N N N P P N N N N Industrial Commercial(Repurposing)-Industrial N N N N N N C C N N N N E-Commerce Distribution Distribution/Fulfillment Center, Small N N N N N N P P N N N N Equipment Sales and Rental N N N N N N C P N N N N Distribution/Fulfillment Center,Large N N N N N N M M N N N N Parcel Sorting Facilities N N N N N N N N N N N N Parcel Hub,Small(< 130,000 sq.ft.) N N N N N N N N N N N N Parcel Hub,Large(>130,000 sq.ft.) N N N N N N N N N N N N Lumber Yard N N N N N N N C N N N N Maker Space/Accessory Maker Space N N N N N M P P N N N N Manufacturing,Custom 00 N N N N N N P N N N N N Manufacturing,Green Technology N N N N N N P P N N N N Manufacturing,Light—Small 00 N N N N N N P P N N N N Manufacturing,Light—Large(ii) N N N N N N M M N N N N Microbrewery N N N N N N P P N N N N Printing and Publishing N N N N N N P N N N N N Recycling Facility,Collection N N N N N N C C N N N N Recycling Facility,Processing N N N N N N C C N N N N Research and Development N N N N N N P P N N N N Storage,Personal Storage Facility N N N N N N C C N N N N Storage Warehouse N N N N N N C C N N N N Wholesale and Distribution-Light N N N N N N P P N N N N Wholesale and Distribution-Medium OO N N N N N N C P N N N N Table Notes: 1. Reserved. 2. See additional regulations for home occupations in Chapter 17.92. 3. See additional regulations for mobile homes in Chapter 17.96. 4. Permitted or requires Minor Use Permit. See regulations for animal keeping in Chapter 17.88. 5. Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a Conditional Use Permit. 6. See additional regulations for adult entertainment businesses in Chapter 17.86. Adult-oriented businesses are not permitted west of Haven Avenue. 7. See additional regulations for special regulated uses in Chapter 17.102. 8. See additional regulations for drive-in and drive-through facilities in Chapter 17.90. 9. Not permitted within 300 feet of residentially zoned property. See additional regulations for wind energy systems in Chapter 17.76. 10. See additional regulations for emergency shelters in Chapter 17.110. 11. Permitted in Industrial Park and General Industrial zoning districts when proposed in conjunction with "Commercial(Repurposing) Industrial". 12. Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 13. A short-term rental must be a single-family residence in zoning districts other than VL, L, and LM. See additional regulations for short-term rentals in Chapter 8.34. 14. Auto and vehicle storage is permitted as an on- or off-site accessory use to any manufacturing use upon issuance of a minor use permit. The minor use permit may also permit truck storage as an accessory use to manufacturing. 15. See additional regulations for agricultural uses. 16. Minimum 1,000 feet from a use in an Industrial Zone that accommodates more than 100 trucks per day, more than 40 trucks with operating transport refrigeration units (TRUs)per day,or where TRU unit operations exceed 300 hours per week. (Code 1980, § 17.30.030; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013; Ord.No. 867, 2014; Ord.No. 873 §§ 4, 6, 2015; Ord.No. 879 § 4, 2015; Ord.No. 881 § 4, 2015; Ord. No. 866 § 4, 2016; Ord.No. 895 § 3, 2016; Ord.No. 921 § 5, 2017; Ord.No. 922 § 3, 2017; Ord.No. 938 § 5, 2018; Ord.No. 944 § 2, 2019; Ord.No. 948 § 4, 2019; Ord.No. 949 § 1, 2019) 17.30.040 Other allowed use provisions. In addition to the allowed use provisions listed in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), additional allowed use provisions are described in the following articles and chapters of this title: A. Specific use requirements. Article V (Specific Use Requirements) identifies several use types that have special land use and/or development requirements. Some of these use types have special requirements or regulations established by state or federal law and others have special requirements based on local issues, priorities, and preferences.Use regulations in article V are intended to supplement the allowed use regulations in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). B. Outdoor sales and operations. Unless permitted by definition in chapter 17.32(Allowed Use Descriptions) or permitted as a temporary use with an approved permit in chapter 17.104 (Temporary Uses), all businesses shall be conducted within an enclosed building. C. Temporary uses.In addition to the permanent land use listings in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), chapter 17.104 (Temporary Uses) establishes regulations for uses that are temporary in nature. D. Overlay zones.In addition to the allowed land use regulations in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone)for the city's base zones,chapter 17.38 (Overlay Zones)identifies special regulations and requirements for land uses within the Overlay Zones. E. Special planning areas.Article VI(Special Planning Areas)identifies areas of the city with adopted planning documents for development within each respective project area (e.g., specific plans, Planned Communities, master plans). These planning documents establish land use and/or development regulations that are unique to the particular project area. Where those planning documents conflict with allowed use listings in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone), the allowed uses in the Special Planning Area documents shall prevail. F. Conversion of residential structures. No structure originally designed as a residence (including hotels and motels),or as an accessory structure or addition to a residence,shall be used for any commercial or office uses unless the building and site are improved to meet all Code requirements for an office or commercial development. This includes such things as, but not limited to, building code requirements, fire code requirements, and Development Code requirements. Such a conversion shall be subject to the development review or conditional use permit process, as required by the base zone use regulations contained in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone). G. Hillside residential. I. The Hillside Residential Zone permits single residential dwellings either on separate lots or clustered together in a buildable area along with accessory structures only. Uses other than residential dwellings are deemed to be too intensive and are not consistent with the general plan. 2. Hillside development review is required for any subdivision or development within the Hillside Residential Zone. As part of the hillside development review, environmental studies and investigations such as,but not limited to,geological,hydrological,seismic,slope and soil conditions,access/circulation, and biota research, shall be conducted for any development in this zone. Based on this information, the actual number of dwelling units shall be determined. However, the maximum density shall not exceed two dwelling units per net buildable acre. Determining the buildable area of a site must also meet the performance development criteria in this chapter. Additionally, a site plan showing lot layouts, access, street design, building locations, building design, vegetation management, wildfire protection, and grading shall be prepared in accordance with the review procedures contained in article II(Land Use and Development Procedures). All such proposals must comply with the absolute policies, design standards, and standards in this title. (Code 1980, § 17.30.040; Ord.No. 855, § 4, 2012) H. Additional Agricultural uses. Agricultural uses are allowed on certain lots, subject to the requirements of Section 17.32.030 (Agricultural uses permitted or conditionally permitted). L Industrial Interim uses. Additional uses are allowed in certain industrial zones on an interim basis, according to Section 17.36.40.D. Chapter 17.32 ALLOWED USE DESCRIPTIONS 17.32.010 Purpose. The purpose of this chapter is to describe use classifications listed in chapter 17.30 (Allowed Land Use by Base Zone).Use classifications are land uses that have been grouped into general categories on the basis of common function,product, or compatibility characteristics. This chapter should be used as a reference for the land use classifications listed throughout this title. Additional definitions for specialized terms used in the zoning code can be found in article IX(Glossary). (Code 1980, § 17.32.010; Ord.No. 855, § 4, 2012) 17.32.020 Allowed use descriptions. The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and throughout this title. Individual use classifications describe one or more uses having similar characteristics,but do not list every use or activity thatmay appropriately be within the classification.Allowed uses are organized into the following use categories as follows: • Residential uses. • Agriculture and animal-related uses. • Recreation,resource preservation, open space, education, and public assembly uses. • Utility,transportation,public facility, and communication uses. • Office and service uses. • Retail and restaurant uses. • Automobile and vehicle uses. • Industrial,manufacturing, and processing uses. A. Residential uses. I. Adult day care home. Defined by state law as the provision of nonmedical care tosix or fewer adults, including seniors,in the provider's own home,for a period of less than24 hours at a time. Homes serving more than six adults are included in adult day care facility. 2. Caretaker housing. A residence that is accessory to a site with a nonresidential primary use and that is needed for security,24-hour care or supervision,or monitoring offacilities,equipment,or other conditions on the site. 3. Dwelling, multi family. A building designed and intended for occupancy by three ormore households living independently of each other, each in a separate dwelling unit,which may be owned individually or by a single landlord(e.g., triplex, quadplex, apartment, apartment house,townhouse, condominium). 4. Dwelling, single-family. A building designed exclusively for occupancy by one household on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code §18007) and model homes for the first sale of homes within the subdivision. 5. Dwelling, two-family. An attached building (e.g., duplex) designed for occupancy by two households living independently of each other,where both dwellings are located on a single lot. For the purposes of this title, this definition also includes halfplexes (two attached units, each with a separate lot). Does not include accessory dwelling units. 6. Emergency shelter.Housing with minimal supportive services for homeless persons that is limited to an occupancy of six months or less by a homeless person.No individual may be denied emergency shelter because of an inability to pay. 7. Family day care home. State-licensed facilities that provide nonmedical careand supervision of minor children for periods of less than 24 hours within a single-family or multi-family dwelling. The occupant of the residence provides care and supervision generally for seven to 14 children. As described in the Health and Safety Code, large daycare homes may provide services for up to 14 children when specific conditions are met. 8. Group residential.Shared living quarters without separate kitchen and/or bathroomfacilities for each room or unit. This classification includes residential hotels, dormitories, fraternities, sororities, convents, rectories,and private residential clubs but does not include living quarters shared exclusively by a family. This category includes boardinghouses, which are defined as a building other than a hotel or restaurant where meals or lodging or both meals and lodging are provided for compensation for four or morepersons. 9. Guest house. A detached structure accessory to a single-family dwelling, accommodating living and/or sleeping quarters,but without kitchen or cooking facilities. 10. Home occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate tothe residential use of the property. Examples include,but are not limited to, accountants and financial advisors, architects, artists, attorneys, offices for construction businesses (no equipment or material storage), and real estate sales. This category includes cottagefood uses, consistent with state law. 11. Live-work facility.A structure or portion of a structure: a. That combines a commercial or manufacturing activity allowed in the zonewith a residential living space for the owner of the commercial or manufacturing business, or the owner's employee, and that person's household; b. Where the resident owner or employee of the business is responsible for the commercial or manufacturing activity performed; C. Where the commercial or manufacturing activity conducted takes place subject to a valid business license associated with the premises; and d. The commercial or manufacturing activity is secondary to the residential living space. 12. Manufactured home. California Health and Safety Code § 18007 defines a manufactured home as a structure, that meets the following criteria: a. Transportable in one or more sections. b. When in the traveling mode,is eight body feet or more in width,or 40 bodyfeet or more in length,or,when erected on-site,is 320 or more square feet. C. Built on a permanent chassis. d. Designed to be used as a residential dwelling. e. Erected with or without a permanent foundation when connected to therequired utilities. f. Includes the plumbing, heating, air conditioning, and electrical systemscontained therein. This term shall include any structure that meets all the requirements of thisparagraph except the size requirements so long as the manufacturer voluntarily files a certification and complies with the standards established under this part. Manufactured home includes a mobile home subject to the National ManufacturedHousing Construction and Safety Act of 1974(42 USC section 5401 et seq.). 13. Mobile home park. Consistent with definitions of state law (Health and Safety Codesection 18214), a mobile home park is any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented,leased,or held out for rent or lease,or were formerlyheld out for rent or lease and later converted to a subdivision, cooperative, condominium,or other form of resident ownership, to accommodate mobile homes used for residential purposes. 14. Residential care facility. Consistent with the definitions of state law, a residential care facility provides housing and 24- hour nonmedical care for seven or more children, elderly persons, or physically and mentally handicapped persons in need of personal services,protection,supervision,assistance,guidance,or training essential for sustainingthe activities of daily living or for the protection of the individual. This classification includes, but is not limited to, rest homes, residential care facilities for the elderly, adult residential facilities, wards of the juvenile court, and other facilities licensed by the State of California. Convalescent homes, nursing homes, and similar facilities providing medical care for more than six persons are included under the definition of medical services,extended care. When located in the low (L) and low-medium (LM) residential zones, a residential care facility shall maintain a minimum three-acre project area. 15. Residential care home. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for six or fewer children, elderly persons, or physically and mentally handicapped persons in a family-like environment. These facilities include the following: a. An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled-nursing or a congregate living facility as identified in Health and Safety Code §1267.8; b. A community care facility as identified in Health and Safety Code §1566.3; C. A residential care facility for the elderly as identified in Health and Safety Code §1569.85; d. An alcoholism or drug abuse recovery or treatment facility as identified in Health and Safety Code §11834.02; e. A home for the care of mentally disordered or otherwise handicapped persons as identified in Welfare and Institutions Code §5116; f. A home for the care of dependent and neglected children as identified in the Welfare and Institutions Code §300,but not including wards of the court as identified in the Welfare and Institutions Code §601ff. A residential care facility may also allow a person who has been diagnosed by his or her physician or surgeon as terminally ill, as defined in §1568.01(l) of the Health and Safety Code, to become a resident of the facility if the person receives hospice services from a hospice certified in accordance with federal Medicare conditions of participation and is licensed pursuant to Chapter 8 (commencing with §1725) or Chapter 8.5 (commencing with §1745) of the Health and Safety Code. (Health and Safety Code, §1568.02) 16. Short-term rental. A short-term rental is a dwelling unit, or any portion thereof, thatis rented by the host to another party for a period of not more than 30 consecutive days inexchange for any form of monetary or non-monetary consideration, including trade, fee, swap or any other consideration in lieu of cash payment. Hosted stays, un-hosted stays, and vacation rentals are types of short-term rental. Related definitions are available in Section 8.34.010. 17. Single-room occupancy (SRO)facility. Multi-unit housing for very low-income persons that typically consists of a single room and shared bath and also may include a shared common kitchen and common activity area. SROs may be restricted to seniors orbe available to persons of all ages. Subsidized versions may be supervised by agovernment housing agency. 18. Transitional housing. Consistent with Health and Safety Code section 50675.2, transitional housing is defined as buildings configured as rental housing developments butoperated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time,which shall be no less than six months. 19. Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing,improving his or her health status, and maximizing his or her ability to live and,when possible, work in the community. 20. Low Barrier Navigation Center. A Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. B. Agriculture and animal-related uses. 1. Agricultural uses. This use category includes farms, orchards, vineyards, livestock grazing, and hydroponics,including on-site sales of products grown on site. 2. Animal keeping. Care and maintenance of animals on private property. The listingbelow provides a distinction between various types of animals related to allowed use provisions in chapter 17.88 Animal Regulations. This classification is distinct from "animal sales and grooming" and "equestrian facility (commercial or hobby)." Also see Kennel, commercial,which providesfor the boarding of animals (e.g., doggie day-care). a. Bee colony. The hive and its equipment and appurtenances including honeybees, comb, honey,pollen, and brood. b. Domestic pets. Small animals (no larger than the largest breed of dog) customarily kept as pets within a dwelling unit. This classification includes dogs, cats, fish, and birds not raised for their eggs or meat. C. Exotic animals.Wild animals not customarily confined or cultivated for domestic or commercial purposes but kept as a pet or for display.This classification includes,but is not limited to,arachnids, non-poisonous snakes,reptiles,large tropical birds,and wolf-dog hybrids. d. Livestock animals. Domesticated animals raised to produce commodities such as food, fiber, and labor. i. Livestock, large. Bovine,horses, and other similar-sized animals. ii. Livestock, medium. Llamas, alpacas, ostriches,ponies, donkeys, mules, sheep, goats, swine, and other similar-sized animals. iii. Livestock, small. Miniature goats, miniature pigs,poultry,rabbits, and other similar- sized animals. iv. Miniature pigs. Small breeds of domestic pig, characterized by a swayed back and weight ranging up to 90 pounds and 18 inches in height(measured at the shoulder). This classification includes Vietnamese, Chinese, or Asian pot-bellied pigs, Gottingen minipigs, and other similar-sized breeds. e. Poultry.Poultry. A domesticated bird(also called fowl) that is used to produce meat or eggs. This classification includes,but is not limited to, chickens,roosters, ducks,pigeons, quail, geese, turkeys, guinea fowl, and Cornish game hens. "Poultry, crowing"includes roosters, peacocks,peahens, and similar animals known to make noises whose volume or frequency amounts to a nuisance. 3. Equestrian facility, commercial.Commercial horse, donkey, and mule facilities including horse ranches, boarding stables, riding schools and academies,horse exhibitionfacilities(for shows or other competitive events),pack stations,and barns,stables,corrals,and paddocks accessory and incidental to these uses. 4. Equestrian facility, hobby. Stables, corrals, and paddocks used by the individual homeowners of corresponding property and their animals. 5. Microscale Agriculture. The production of food in a form and scale that is appropriate for an urban mixed-use or commercial context,most commonly for the cultivation of fruits,vegetables, flowers,fiber, nuts, seeds, or culinary herbs for sale or donation of its produce to the public. C. Recreation,resource preservation,open space,education,and public assembly uses. 1. Assembly use. A permanent meeting facility for organizations operating on a membership basis for the promotion of the interests of the members,including facilities for business associations; civic, social, and fraternal organizations; labor unions and similar organizations; political organizations; religious organizations;professionalmembership organizations; and other membership organizations. 2. Cemetery/mausoleum. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums and mausoleums. Also see descriptions for 'Mortuary/funeral home" and "Crematory services". 3. Community center/civic use. Multipurpose meeting and recreational facility typically consisting of one or more meeting or multipurpose rooms,kitchen, and/or outdoorbarbecue facilities that are available for use by various groups for such activities as meetings,parties,receptions, dances, etc. 4. Community garden. A privately or publicly owned vacant parcel of land used by the community or a neighborhood for the growing of fruits,vegetables, and culinary herbs for personal consumption and/or to be offered for sale on site or at a local certified farmers'market. 5. Convention center.A large building designed to hold a convention,where individuals and groups gather to promote and share common interests. Convention centers typically offer sufficient floor area to accommodate several thousand attendees. Convention centers typically have at least one auditorium and may also contain concert halls, lecture halls, meeting rooms, and conference rooms. Some large resort- area hotelsinclude a convention center. 6. Golf course%lubhouse.A golf course and accessory facilities and uses including clubhouses with bar and restaurant,locker and shower facilities,driving ranges,"pro shops"for on-site sales of golfing equipment, and golf cart storage and sales facilities. 7. Indoor amusemendentertainment facility. An establishment providing amusementand entertainment services in an indoor facility for a fee or admission charge, including, but not limited to, dance halls, ballrooms, bowling alleys, laser tag, inflatable playgrounds,trampoline parks, escape room venues and electronic game arcades, as primary uses.Four or more electronic games or coin-operated amusements in any establishment, or premises where 50% or more of the floor area is occupied by amusement devices, are considered an amusement device arcade as described above;three or less machines arenot considered a land use separate from the primary use of the site. 8. Indoor fitness and sports facility,large.An establishment predominantly for participant sports and health activities conducted entirely within an enclosed building or tenant space greater than 2,500 square feet. Typical uses include bowling alleys, billiard parlors, ice/roller skating rinks, indoor racquetball courts, indoor climbing facilities, soccer areas, athletic clubs, and health clubs. This use classification also includes studio-style facilitiessuch as dance/ballet,yoga, martial arts, and fitness studios. 9. Indoor fitness and sports facility,small.An establishment predominantly for participant sports and health activities conducted entirely within an enclosed building or tenant space lessthan or equal to 2,500 square feet.Typical uses include studio-style facilities such as dance/ballet,yoga,martial arts,and fitness studios but may also include uses described in"indoor fitness and sports facilities,large"if they are in an enclosed building less than or equal to 2,500 square feet. 10. Library and museum.A public or quasi-public facility including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums,which are generally noncommercial in nature. 11. Outdoor commercial recreation. Facility for various outdoor participant sports andtypes of recreation where a fee is charged for use (e.g., amphitheaters, amusement and theme parks, golf driving ranges, health and athletic club with outdoor facilities, miniaturegolf courses, skateboard parks, stadiums and coliseums, swim and tennis clubs,water slides, zoos). 12. Park and public plaza. A public park including playgrounds and athletic fields/courts and public plazas and outdoor gathering places for community use. Ifprivately owned and restricted to the public (e.g., require payment of fee), the same facilities are included under the definition of"outdoor commercial recreation." 13. Public safety facility. Facility operated by public agencies including fire stations, other fire prevention and firefighting facilities, and police and sheriff substations and headquarters, including interim incarceration facilities. 14. Resource-related recreation. Facility related to passive recreation in open space areas including bicycle and pedestrian trails,picnic areas,parking areas,and interpretivecenters. 15. School, academic (private). Any privately owned and operated elementary school,middle school, secondary school, high school, or other institution providing academic instruction for students from kindergarten through 12th grade.This listing also includes aprivate school operating under a charter from the local school district and not managed directly by the governing body of the public school district(e.g., school board). 16. School, academic (public).Public elementary schools, middle schools, secondaryschools, high schools, and any other public school providing academic instruction for students from kindergarten through 12th grade. 17. School, college/university (private). Any privately owned college or university, including medical schools, law schools, and other instruction of higher education, including dorms, offices, facility maintenance yards,offices, and similar supportive functions. 18. School, college/university (public). Public community colleges, colleges, and universities, including dorms, offices, facility maintenance yards, offices, and similar supportive functions. 19. School, specialized education and training. Specialty schools for instructing and training students in a variety of specialized programs,including,but not limited to, computers and electronics training, drama, driver educational,language,music.Include sprofe ssional,vocational,and trade schools of anonindustrial nature (e.g., culinary, cosmetology, arts and media, accounting and finance, health and dental including nursing,legal, psychology, and technology). Technical and vocational schools/colleges are included in this description. 20. Theater and auditorium. An indoor facility for public assembly and group entertainment, other than sporting events (e.g., civic theaters, facilities for "live" theater and concerts, exhibition and convention halls, motion picture theaters, auditoriums). Doesnot include outdoor theaters, concert and similar entertainment facilities, and indoor and outdoor facilities for sporting events; see Outdoor commercial recreation. 21. Tutoring center,large.An indoor facility where instructors teach,coach,or educatestudents with more than ten instructors and/or students using the facility at any given time. 22. Tutoring center, small. An indoor facility where instructors teach, coach, or educatestudents with ten or fewer instructors and/or students using the facility at any given time. D. Utility,transportation,public facility, and communication uses. 1. Broadcasting and recording studio. Commercial and public communications usesincluding radio and television broadcasting and receiving stations and studios,with facilities entirely within buildings. Does not include transmission and receiving apparatus such as antennas and towers. 2. Park and ride facility. A designated area where a vehicle may be left in order for the driver to carpool with other commuters or to ride public transit. 3. Parking facility. A parking lot or parking structure used for parking motor vehicles where the facility is the primary use of the site. Parking structures and lots that are developed in conjunction with another primary use of the site to satisfy the on-site parkingrequirements for the development are not included in this definition. 4. Transit facility. A maintenance and service center for the vehicles operated in a mass transportation system. Includes buses,taxis,railways,monorail, etc. 5. Utility facility and infrastructure,fixed-base structures. Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any ofthe following facilities that are not exempted from land use entitlements by Government Code section 53091: electrical substations and switching stations,natural gas regulating and distribution facilities,public water system wells,treatment plants and storage, telephone switching facilities, wastewater treatment plants, settling ponds, and disposal fields. These uses do not include office or customer service centers (classified in offices)or equipment and material storage yards. 6. Utility facility and infrastructure,pipelines. Pipelines for potable water, reclaimed water, natural gas, and sewage collection and disposal, and facilities for the transmissionof electrical energy for sale, including transmission lines for a public utility company. Alsoincludes telephone, telegraph, cable television, and other communications transmission facilities utilizing direct physical conduits. 7. Wind energy system, small. A machine which can convert kinetic energy in wind into a usable form of electrical or mechanical energy intended primarily for on-site consumption but may transfer excess energy into the electrical grid. E. Service and Office uses. I. Adult day care facility. State-licensed facility that provides nonmedical care and supervision for more than six adults for periods of less than 24 hours,with no overnight stays. 2. Adult-oriented business. a. Adult bookstore or adult video store.A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale,rental for any form of consideration, of any one or more of the following: i. Books, magazines,periodicals, or other printed matter or photographs, films,motion pictures,videocassette tapes, digital video discs, slides, tapes,records, compact discs, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. ii. Instruments, devices, or paraphernalia which are designed for useor marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others. b. Adult cabaret. A nightclub, theater, concert hall, auditorium,bar, or other similar establishment that regularly features live or media presentations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomicalareas. C. Adult motel. A motel,hotel or similar commercial establishment which: i. Offers public accommodations,for any form of consideration,whichprovides patrons with closed-circuit television transmissions, films, motionpictures,videocassettes, DVDs, CDs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertise the availability of this sexually oriented type of material by meansof a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to,newspapers,magazine s,pamphlets or leaflets, radio or television; ii. Offers a sleeping room for rent for a period of time less than ten hours; or in Allows a tenant or occupant to sub-rent the sleeping room for a timeperiod of less than ten hours. d. Adult news rack. Any coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas. e. Adult theater. An enclosed or unenclosed building, to which the public is permitted or invited,used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas. f. Adult viewing area.An area in any adult book and/or novelty store,cabaret,theater,motion picture arcade or other adult entertainment business,where a patron or customer would ordinarily be positioned for the purpose of viewing or watching a performance,picture show, or film. g. Bathhouse. An establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. 3. Ambulance service. Emergency medical care and transportation, including incidental storage and maintenance of vehicles. 4. Animal sales and grooming.Retail sales of domestic and exotic animals,bathing and trimming services, and boarding of said animals for a maximum period of 72 hours conducted entirely within an enclosed building with no outdoor use. Boarding for periods longer than 72 hours is considered a kennel. 5. Bail bonds. A business providing a bond or obligation on behalf of a prisoner to insure the prisoner's appearance in court at the return of the writ. 6. Banks and financial services. Financial institutions such as banks and trustcompanies, credit agencies, holding (but not primarily operating) companies, lending and thrift institutions, and investment companies. Freestanding exterior automated tellermachines(ATM) are considered an accessory use and not part of this definition. 7. Bed and breakfast inn. A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations.A bed and breakfast inn withmore than six guest rooms is considered a hotel or motel and is included under the definition of hotels and motels. 8. Business support services. Establishments primarily within buildings, providing other businesses with services such as maintenance,repair and service,testing,rental, etc. Support services include,but are not limited to: a. Equipment repair services (except vehicle repair, see "Vehicle services, major" and""Vehicle services,minor"); b. Commercial art and design(production); C. Computer-related services (rental,repair); d. Copying,quick printing,and blueprinting services(other than those definedas printing and publishing); e. Equipment rental businesses within buildings (rental yards are storageyards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; i. Mail advertising services(reproduction and shipping); j. Mail box services and other"heavy service"business services; k. Outdoor advertising services; and 1. Photocopying and photofinishing. 9. Call center.An office equipped to handle a large volume of calls,especially for taking orders or servicing customers. 10. Check cashing business. An establishment that, for compensation, engages in thebusiness of cashing checks, warrants, drafts, money orders, or other commercial paper serving a similar purpose. Also includes establishments primarily engaged in cashing payroll or personal checks for a fee or advancing funds on future checks. This classification does not include a state or federally chartered bank, savings association, credit union,or similar financial institution(see "Banks and financial services"). 11. Child-care facility/center. A facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to, infant centers, preschools, extended day care facilities, or school-age child-care centers as defined in this title. 12. Commercial cannabis activity. Any location providing for the cultivation,possession, manufacture, distribution,processing, storing,laboratory testing,packaging,labeling,transportation,delivery or sale of cannabis and cannabis product for medical,non-medical,or any other purpose and includes the activities of any business licensed bythe state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation,possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. 13. Crematory services.An establishment providing services involving the care,preparation,and disposition of human and/or animal remains by means of cremation. Uses typically include,but are not limited to, crematories and crematories with embalmingservices. 14. Hotel.A facility with guest rooms or suites rented to the general public for transientlodging (less than 30 days).Hotels provide access to most guest rooms from an interior walkway and typically include a variety of services in addition to lodging, for example, restaurants, meeting facilities, personal services, etc. A hotel also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities,accessoryretail uses, etc. 15. Kennel, commercial.A facility that provides boarding of animals as the primary useof the facility. May also include daytime boarding and activity for animals (e.g., "doggie day-care") and ancillary grooming facilities.Also see"Animal sales and grooming". 16. Maintenance and repair,small equipment.Establishments providing on-site repairand accessory sales of supplies for appliances,office machines,home electronic/mechanical equipment,bicycles,tools,or garden equipment, conducted entirelywithin an enclosed building. Does not include maintenance and repair of vehicles. 17. Massage establishment. Any establishment where customers can receive a massage either as a primary or accessory function and where all massage therapists andpractitioners are certified by the California Massage Therapy Council. 18. Medical services,extended care.Residential facilities providing nursing and health-related care for more than six persons as a primary use with inpatient beds, such as board and care homes,convalescent and rest homes, extended care facilities, and skilled nursing facilities. Long-term personal care facilities that do not emphasize medical treatment are included underResidential care home.Care facilities for six or fewer persons are regulated under Residential Care home. 19. Medical services, general. Facility primarily engaged in providing outpatient medical, mental health, surgical, and other personal health services,but which is separatefrom hospitals, including medical and dental laboratories, medical, dental, and psychiatricoffices, outpatient care facilities, and other allied health services. Counseling services byother than medical doctors or psychiatrists are included under Office,business and professional. 20. Medical services, hospitals. Hospitals and similar facilities engaged primarily in providing diagnostic services and extensive medical treatment, including surgical and other hospital services. These establishments have an organized medical staff, inpatient beds, and equipment and facilities to provide complete health care. May include on-site accessory clinics and laboratories, accessory retail uses (see "Retail, accessory"), and emergency heliports. 21. Mortuary/funeral home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include crematorium, which is a separate use classification. 22. Office, accessory. An office that is incidental and accessory to another business or sales activity that is the primary use (part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50% of the total net habitable or leasable floor areaof the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 23. Office,business andprofessional. This use listing includes offices of administrativebusinesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations), and offices engaged inthe production of intellectual property (e.g., advertising, architecture, computerprogramming). This use does not include medical offices (see "Medical services, general"); temporary offices,or offices that are incidental and accessory to another business or salesactivity that is the primary use (see "Office, accessory"). Outdoor storage of materials is prohibited. 24. Pawnshop. Any room, store, building, or other place in which the business of pawnbrokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 25. Personal services. Establishments providing nonmedical services as a primary use, including, but not limited to,barber andbeauty shops(including perm anentmakeup),weight loss clinics,day spas,spiritualist reading or astrology forecasting,clothing rental,dry cleaning pickup stores with limited equipment,home electronics and small appliance repair,laundromats(self-service laundries),shoe repair shops,and tailors. These uses may also include accessory retail sales of products related to the services provided. Thisuse classification does not include massage or tattoo establishments — see "Massage establishment" and "Tattoo shop". 26. Shooting range. An establishment in which the primary use is an enclosed firing range with targets for rifle or handgun practice, training, or both. The establishment may include an ancillary retail space for a business that is engaged in the sale, transfer, exchange, leasing or vending of firearms, ammunition and/or related materials. The ancillary retail component may not exceed 25% of the gross floor area and may not engage in businesses related to the operation of pawnshops, secondhand stores or thriftstores as defined in this title. 27. Tattoo shop.An establishment that engages in the business of body modification made by inserting ink, dyes, and/or pigments, either indelible or temporary, into the dermis layer of the skin to form a design. 28. Veterinary facility. Veterinary facility that is primarily enclosed, containing only enough cage arrangements as necessary to provide services for domestic and exotic animals requiring acute medical or surgical care with accessory outdoor use that provideslong-term medical care.Grooming and boarding of animals is allowed only if accessory tothe facility use. F. Retail and Restaurant uses. I. Alcoholic beverage sales.The retail sale of beverages containing alcohol for off-site consumption subject to regulation by the California Department of Alcoholic Beverage Control (ABC) as an off-sale establishment. On-site alcoholic beverage sales are includedin the definitions for "Bar/nightclub" and "Restaurant". 2. Bar/nightclub. Any bar, cocktail lounge, discotheque, or similar establishment,which may also provide live entertainment(e.g.,music and/or dancing,comedy,subject to an entertainment permit)in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars,taverns,pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages.Bars and nightclubs may include outdoor food and beverage areas. 3. Building construction materials sales and storage yard. A retail establishment selling large amounts of building materials such as lumber,roofing,fresh water and sewer pipes,paving,and electrical equipment, where most display and storage are outside of an enclosed structure. Professional contractor sales account for a major proportion of totalsales. Customers may also include the general public. Includes incidental retail ready-mix concrete operations,except where excluded bya specific zone.See description for"Home improvement supply store"for specialty stores that cater to the general public. 4. Consignment store. A retail store where goods are placed on consignment, whichis the act of placing goods in the hands of another,while still retaining ownership,until thegoods are sold. 5. Convenience store. An easy access retail store in a building or tenant space of 5,000 square feet or less in gross floor area,which carries a range of merchandise oriented to convenience and travelers' shopping needs. These stores may be part of a service station or an independent facility. 6. Drive-in and drive-through sales and service.A use where a customer is permittedor encouraged, either by the design of physical facilities or by the service and/or packagingprocedures offered,to be served while remaining seated within an automobile including, but not limited to, drive-through food, financial services, and automated car washes. 7. Electric vehicle showroom with indoor sales. A use where the primary function of the space is to display and showcase electric vehicles only, and act as point of sale or rental of vehicles, parts, or accessories which are stored off site. Use may include storage of vehicles entirely inside the building. Minor auto repair to prepare cars to delivery to customers is permitted within an enclosed building. 8. Electric vehicle showroom with outdoor sales.A use where the primary function of the space is to display and showcase electric vehicles only, and act as a point of sale or rental of vehicles,parts, or accessories which are stored on site.Use may include storage of vehicles either inside or outside the building.Minor auto repair to prepare cars for delivery to customers is permitted within an enclosed building. 9. Equipment sales and rental. Service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental(e.g.,construction equipment). 10. Feed and tack store.A retail store selling animal food and equestrian supplies. 11. Garden center/plant nursery. Establishments providing for the cultivation and saleof ornamental trees, shrubs, and plants, including the sale of garden and landscape materials (packaged and/or bulk sale of unpackaged materials) and equipment. 12. Grocery store/supermarket. A retail business where the majority of the floor area open to the public is occupied by food products packaged for preparation and consumptionaway from the site of the store. Such uses may include up to ten percent of floor area foralcohol sales. These full-service businesses do not typically have limited hours of operation. 13. Gun sales.A business whose primary use is the sale of firearms,ammunition andrelated materials. 14. Home improvement supply store.An establishment(retail or wholesale)that sellskitchen,bath,carpeting, and other home-oriented supplies. Other retail uses are permittedif accessory to the primary use. These uses may include an expansive showroom.This use classification is a subcategory of the larger `Building construction materials sales and storage yard" use classification and may be combined with or separate from such uses. 15. Hookah shop.Any facility or location whose business operation includes as an outdoor accessory use the smoking of tobacco or other substances through one or morepipes (commonly known as a hookah, waterpipe,shisha, or narghile)designed with a tubepassing through an urn of water that cools the smoke as it is drawn through it, including but not limited to establishments known variously as hookah bars, hookah lounges, or hookah cafes. 16. Liquor store.A retail establishment which has 50%or more of the shelving or grossfloor area devoted to the public display and sale of alcoholic beverages for off-site consumption. 17. Mobile food vehicle.Any vehicle, as defined in Vehicle Code section 670,whichis equipped and used for retail sales of prepared food or staple foods including,but not limited to, fruits,vegetables, animal protein, dairy products, and beverages. For the purposes of this section, a mobile food vehicle shallalso include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 18. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premises consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premises consumption and establishments where most customers are served food at tables for on-premises consumption but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into three categories as follows: a. Restaurant, no liquor service. Restaurants that do not serve liquor,includingfast food establishments. b. Restaurant, beer and wine.Restaurants with liquor services limited to beer and wine for on- site consumption.May also include the brewing of beer as part ofa brewpub or micro- brewery. C. Restaurant,full liquor service. Restaurants with a full range of liquor service,including beer, wine, and distilled spirits, all for on-site consumption. 19. Retail, accessory. The retail sales of various products and services (including foodservice)in a subtenant store,space,or other clearly defined/dedicated area that is locatedwithin a building occupied by a primary tenant such as a health care facility,hotel,office building,or department store,supermarket,or warehouse store. These uses include,butare not limited to: a. Pharmacies, gift shops, and food services within a health care facility; b. Travel services,convenience stores, and food services within a hotel; C. Food services within an office building; and d. Food services and banking within a department store, supermarket, orwarehouse store. The floor area of the subtenant store/unit, space, or other clearly defined/dedicated area occupied by the retail, accessory use shall not exceed 25% of the gross floor area of the primary tenant. 20. Retail,general. Stores and shops selling single and multiple lines of merchandise.These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, departmentstores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of"garden center/plant nursery"), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialtyshops, sporting goods and equipment, stationery, and variety stores. 21. Retail,warehouse club.Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membershipfees. 22. Secondhand dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property such as "cash for gold." This use classification does not include a"coin dealer" or participants at gun shows or events,pawnshops or secondhand stores. 23. Smoke shop. An establishment that either devotes more than 15% of its total floorarea to smoking, drug, and/or tobacco paraphernalia or devotes more than a two-foot by four-foot(two feet in depth maximum)section of shelf space for display for sale of smoking,drug,and/or tobacco paraphernalia. 24. Thrift store.A retail establishment selling secondhand goods donated by membersof the public. G. Automobile and vehicle uses. 1. Auto and vehicle sales and rental. Retail establishments selling and/or renting automobiles, trucks, and vans. Includes the sales and rental of mobile homes,recreationalvehicles, and boats. May also include repair shops and the sales of parts and accessories,incidental to vehicle dealerships.Does not include the sale of auto parts/accessories separate from avehicle dealership (see "Auto parts sales"), bicycle and moped sales (see`Retail, general"), tire sales and repair establishments (see "Vehicle services, major"),businesses dealing exclusively in used parts(see "Recycling facility,scrap and dismantling"),or servicestation,all of which are separately defined. 2. Auto and vehicle sales, auto broker. Establishments providing the service of arranging, negotiating, assisting or effectuating, for a fee or compensation, the purchase of a new or used vehicle, not owned by the broker for a person(s). This use, consistent with the licensing guidelines from the California Department of Motor Vehicles does not allow for the storage or display of vehicles on site. 3. Auto and vehicle sales, wholesale. Wholesale establishments selling new and used vehicles to licensed commercial auto dealers. This use, consistent with the licensing guidelines from the California Department of Motor Vehicles does not allow for the storageor display of vehicles on site. 4. Auto and vehicle storage. Facilities for the storage of operative and inoperative vehicles for limited periods of time. Includes,but is not limited to, storage of parking tow- aways,impound yards, fleet yards and storage lots for automobiles (excluding recreationalvehicles), trucks, and buses. Does not include retail sales(see "Auto and vehicle sales,wholesale"). 5. Auto parts sales. Stores that sell new automobile parts, tires, and accessories. May also include minor parts installation (see "Vehicle services, minor"). Does not include tire sales and repair establishments, which are found under "Vehicle services, major", or businesses dealing exclusively in used parts,which are included under"Auto and vehicle sales,wholesale". 6. Car washing and detailing.Permanent,drive-through, self-service,and/or attended car washing establishments,including fully mechanized facilities.May include detailing services.Temporary car washes(e.g.,fundraising activities generally conductedby volunteers and the duration of the event is limited to less than 12 hours within a day) are not part of this use classification. 7. Electric vehicle service and repair. A use in which electric vehicles or vehicle parts are serviced or repaired. It may include other services for electric vehicles including, but not limited to, accessory towing,maintenance,battery stations, and an electric charging station.Any on-site car wash shall only be used to clean vehicles receiving maintenance or repair and shall not be made available for public use. May include electric vehicle showroom as an accessory use. 8. Recreational vehicle storage. Facilities for the storage of recreational vehicles. 9. Service station. A retail business selling gasoline or other motor vehicle fuels. Mayinclude a convenience store. Vehicle services which are incidental to fuel services are included under "Vehicle services,minor". 10. Vehicle services, major. The repair, alteration, restoration, towing, painting, or finishing of automobiles, trucks,recreational vehicles,boats, and other vehicles as a primary use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. This use includes major engine and/or transmission repair and bodywork-repair facilities dealing with entire vehicles; such establishments typically provide towing,collision repair, other bodywork, and painting services and tire sales and repanestablishments. 11. Vehicle services, minor.Minor facilities specialize in limited aspects of repair and maintenance (e.g., muffler and radiator shops, quick-lube, smog check, and tires). Does not include repair shops that are part of a vehicle dealership on the same site (see "Auto and vehicle sales") or automobile dismantling yards, which are included under "Recycling facility, scrap and dismantling". H. Industrial,manufacturing,and processing uses. I. Commercial (secondary/accessory)-Industrial. On-site, retail sales of products within an industrial building (the subject building) for walk-in customers and/or will call customers who order products via the internet/telephone or at a separate location such asa retail store. This use is secondary/accessory to the primary industrial use(s) that occur on-site and/or within the subject building, such as manufacturing,wholesale, storage, anddistribution. The products available for retail sale shall be limited to products that are manufactured on-site or within the subject building, that are primarily sold on a wholesalebasis, and/or are stored in, and/or distributed from, the subject building. Such products include,but are not limited to: a. Personal/home electronic equipment and accessories; b. Home improvement materials(tile,flooring,carpet,wall covering,etc.);and C. Automotive accessories(wheels,tires, engine components, etc.). This classification allows, but does not require, physical retail and/or display/showroom space within the subject building. If such space is proposed/required, then the floor area used for that purpose shall only occupy the floor area that was originally designated for the office of the subject building, or 25 percent of the gross floor area of the subject building,whichever is less, and shall be subject to the parking requirements for retail uses as described in Table 17.64.050-1 Parking Requirements by Land Use. Use of, and/or expansion into, areas of the building previously designated for storage, warehousing, or manufacturing is only permitted if it is demonstrated that the number of parking stalls that exist on-site for the overall subject building complies with the parking requirements described in Table 17.64.050-1. A use not permitted to operate as a principal use, such as a marijuana dispensary, is not permitted within this land use classification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the same permitting requirements within this land use classification. 2. Commercial(re-purposing)-Industrial. A set of multiple commercial uses operating together as subtenants in a building that was originally designed for a single industrial tenant such as a warehouse,or a single commercial tenant such as a department store.This land use classification applies only to commercial uses that, individually, could not utilize the entire floor space of the subject building and, therefore, would not operate as the sole, primary tenant of the building. This classification does notapply to single tenants/uses that could utilize the entire floor space of the subject building.Characteristics of this land use classification include,but are not limited to: a. An open floor plan with tenant demising walls that do not extend to the ceiling; b. Exterior wall signs that only provide identification of the subject building; C. Common, non-exclusive floor area within the interior of the building, and the exterior in the vicinity of the building, for use by the customers of all tenants; d. Tenant spaces with no direct access to the exterior of the building; and e. Shared parking. All proposals for re-purposing buildings shall require the submittal of a conditional use permit for review and approval by the planning director, and the submittal of a parking study prepared by a qualified traffic/parking engineer for review and acceptance by thedirector of engineering services/city engineer and planning director.With the exceptionof specific uses identified in Table 17.30.030-1, a use that is not permitted to operate as aprincipal use, such as a marijuana dispensary,is not permitted within this land useclassification. A use that requires a conditional use permit, entertainment permit, or adult entertainment permit in order to operate as a principal use is subject to the samepermitting requirements within this land use classification. 3. E-Commerce Distribution. Activities that involve the buying, selling, and distribution of products and associated services over the internet or through mobile applications. Products are transported using freight trucks and stored in warehouses or fulfillment centers to then be distributed to designated shipping locations using delivery trucks. Includes the following categories of e-commerce distribution: a. Distribution/Fulfilbnent Center. A fulfillment center or similar use's primary purpose is storage and distribution(non-sort) of e-commerce products to consumers or end-users, either directly or through a parcel hub. These facilities shall have a minimum ceiling height of 24 feet. i. Distribution/Fulfillment Center, Large. A distribution/fulfillmentcenter with a minimum gross floor area over 50,000 square feet. ii. Distribution/Fulfillment Center, Small. A distribution/fulfillment center with 50,000 square feet or less in gross floor area. b. Parcel Sorting Facilities. An establishment for sorting and/or re-distributionof parcels or products from distribution/fulfillment centers to a parcel hub via intramodal transit truck-to-truck. C. Parcel Hub. A"last mile"facility or similar establishment for the processingand/or re-distribution of parcels or products. A parcel hub's primary function is moving a shipment from one mode of transport to another for delivery directly to consumers or end-users. 1) Parcel Hub, Large. A parcel hub facility with a minimum gross floorarea over 130,000 square feet. 2) Parcel Hub, Small. A parcel hub facility with less than 130,000 square feet in gross floor area. 4. Food processing/manufacturing. Activities include methods of turning fresh foods into food products through various processes including, for example, washing, chopping,pasteurizing, freezing, fermenting,packaging, and cooking. 5. Lumber Yard Activities include the storage, sale, and display of lumber, wood, andbuilding construction products.Lumber and wood products may be stored outside or withina structure. On- site milling and planing of wood is prohibited. 6. Maker Space. Activities typically include,but are not limited to on-site, small-scaleproduction of tangible goods including assembly of completely hand-fabricated parts or hand-fabrication of custom or craft goods not for mass production. Examples of maker space uses include ceramic studios,fabrics,inlays,needlework,weaving,leatherwork woodwork, 3D printing,laser cutting, local food and beverage production, metal or glass work, candle making, or custom jewelry. Goods are predominantly manufactured and fabricated involving only the use of hand tools or domestic-scaled mechanical equipmentand kilns not exceeding 20 square feet in size.Retail sales are permitted on site. Accessory retail areas cannot exceed 30 percent of the maker space floor area. 7. Manufacturing, custom. Activities typically include, but are not limited to, manufacturing, processing, assembling, packaging, treatment, or fabrication of custom- made products. These types of business establishments do not utilize raw materials for their finished products,but rather may utilize semi-finished type of manufactured materials for their custom made-to-order products. The finished products from these business establishments are ready for use or consumption and may include on-site wholesale andretail of the goods produced. Examples of custom manufacturing uses include,but are notlimited to household furniture, apparel products, electrical instruments signs and advertising displays, and assembly of bicycle parts. The uses do not produce odors,noise,vibration, or particulates that would adversely affect uses in the same structure or on a same site. Where 24-hour on-site surveillance is necessary, a caretaker's residence maybe permitted when approved by a minor use permit. 8. Manufacturing, Green Technology. Activities typically include, but are not limited to, manufacturing,processing, assembling,packaging,treatment,or fabrication of finishedmade-to- order products utilizing semi-finished manufactured materials rather than raw materials. Examples of green technology manufacturing uses include, but are not limited to solar panels, wind turbines, geothermal system components, and batteries for electric vehicles/bicycles. The uses do not typically produce odors, noise, vibration, or particulatesthat would adversely affect uses in the same structure or on a same site. Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted with a minor use permit. 9. Manufacturing, light. Activities typically include, but are not limited to, labor- intensive manufacturing, assembly, fabrication, or repair processes which do not involve large container truck traffic or the transport of large-scale bulky products but may includelimited rail traffic.The new product may be finished in that it is ready for use orconsumption or it may be semi-finished to become a component for further assembly andpackaging. These types of business establishments are customarily directed to the wholesale market,inter-plant transfer,rather than direct sale to the consumer. Such usesmay include, but are not limited to, electronic microchip assembly; printing, publishing, and allied industries; food processing and manufacturing; candy and other confectionery products; bottled or canned soft drinks and carbonated water; apparel and other finishedproducts;paperboard containers and boxes; drugs; medical equipment; and small fabricated metal products such as hand tools, general hardware, architectural, andornamental metal work and toys, amusement, sports, and athletics goods. The activities do not produce odors, noise, vibration, hazardous waste materials, or particulates that would adversely affect other uses in the structure or on the same site. Where 24-hour on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a minor use permit. a. Manufacturing, LightLarge. A light manufacturing facility with a minimumgross floor area over 50,000 square feet b. Manufacturing, Light—Small. A light manufacturing facility with 50,000 square feet or less in gross floor area. 10. Microbrewery. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S.gallons)per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a conditional use permit. 11. Printing and publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in"business support services. 12. Recycling facility, collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit,kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines,"an automated mechanical device that accepts one or more types of empty beverage containers including,but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the state. 13. Recycling facility,processing. A recycling facility located in a building or enclosedspace and used for the collection and processing of recyclable materials.Processing means the preparation of material for efficient shipment or to an end-user's specificationsby such means as baling, briquetting, compacting, flattening,grinding, crushing,mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling facility, collection. 14. Research and development.Indoor facilities for scientific research, and the design,development, and testing of electrical,electronic,magnetic,optical,and mechanical components in advance of product manufacturing, that is not associated with a manufacturing facility on the same site. Includes,but is not limited to, chemical,medical, and biotechnology research and development. Does not include computer software companies(see Office,business and professional),soils and other materials testing laboratories (see Business support services). 15. Storage,personal storage facility.A structure or group of structures containing generally small, individual, compartmentalized stalls or lockers rented as individual storage spaces and characterized by low parking demand. 16. Storage warehouse. Facility for the storage of furniture, household goods, or othercommercial goods of any nature.Includes cold storage and moving and storage services where no wholesale or distribution is conducted. Does not include mini-storage facilities offered for rent or lease to the general public (see Storage, personal storage facility) or warehouse facilities in which the primary purpose ofstorage is for wholesaling and distribution (see Wholesale and distribution (medium and light)). 17. Wholesale, and distribution, light. Activities typically include, but are not limited to, wholesaling and distribution of finished goods and/or food products from the premises.Activities under this classification shall be conducted in enclosed buildings and occupy 50,000 square feet orless of building space. Includes incidental storage and warehousing. Retail sales from the premises may occur when approved by a conditional use permit. 18. Wholesale and distribution, medium. Activities typically include, but are not limited to, wholesale and distribution of finished goods and/or food products from the premises; including distribution facilities for large-scale retail firms. Includes incidental storage and warehousing. Activities under this classification shall be conducted in enclosed buildings and occupy greater than 50,000 square feet of building space.Included are multi-tenant or speculative buildings with over50,000 square feet of warehouse space. 19. Work/Live. A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work. Typical types of work include small-scale, custom manufacturing of goods with limited on-site sales. The dedicated work area must be at least twice the size of the residential areawith no more than two inhabitants living on thepremises.Work/Live uses are typically found in industrial zones and have a maximum gross floor area of 30,000 square feet. (Code 1980, § 17.32.020; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013; Ord.No. 867, 2014; Ord.No. 881 § 4, 2015; Ord.No. 886 § 4, 2016; Ord.No. 921 §§ 6, 7, 2017; Ord.No. 922 § 4, 2017; Ord.No. 938 §§ 6, 9, 2018; Ord. No. 949 § 4, 2019) 17.32.030 Agricultural uses permitted or permitted with a minor use permit. Prior to development,the following agricultural uses are either permitted or allowed permitted with a minor use permit on lots of two and one-half acres or more: A. Permitted uses. 1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. 2. Raising, grazing, breeding, boarding or training of large or small animals: except concentrated lot feeding and commercial poultry and rabbit raising enterprises, subject to the following: a. Cats and dogs shall be limited to the keeping of no more than five cats and/or four dogs, over four months of age, limited to lot size. b. Small livestock are allowed with the number of goats, sheep, and similar animals limited to 12 per acre of total gross area,. C. Cattle and horses,including calves and colts over six months of age,with a maximum number of four animals per acre of total gross area. d. Combinations of the above animals provided the total density on any given parcel shall not exceed that herein specified. e. In no event shall there be any limit to the permissible number of sheep which may be grazed per acre,where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble,volunteer, or wild growth and further, where such grazing operation is not conducted for more than four weeks in any six- month period. 3. Aviary shall be limited to 50 birds per acre. 4. Retail sale of products raised on the property excluding retail nurseries and sale of animals for commercial purposes. B. Minor use permit required. I. Wholesale distributor and processor of nursery-plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display is prohibited except for nursery-plant stock. 2. Dog kennels, dog training schools, small animal shelters, and dog breeding establishments with outside runs. 3. The raising of chinchilla,nutria,hamsters,guinea pigs, cavy, and similar small animals. 4. Frog farms. 5. Worm farms. (Ord.No. 881 § 4, 2015) Chapter 17.34 GENERAL DEVELOPMENT STANDARDS 17.34.010 Purpose and applicability. The purpose of this chapter is to provide the process for determining building height and setbacks and identifying exceptions to height limits and setback requirement. Additionally, this chapter also describes special site development requirements. These standards are applicable to all development in the city. (Code 1980, § 17.34.010; Ord.No. 855, § 4, 2012) 17.34.020 Building site requirements. Chapter 17.36 (Development Standards by Base Zone)identifies the minimum development standards for development projects in the various base zones in the city. These include standards for minimum lot size, allowed density,height, and setback requirements. Additional requirements listed throughout this title include landscaping, fences and walls, lighting, and parking (see article IV, Site Development Provisions). (Code 1980, § 17.34.020; Ord.No. 855, §4, 2012) 17.34.030 Height measurement and exceptions. The following rules apply to the calculation and determination of height of structures within the city. The intent of these regulations is to provide for compatibility in the measure of building height under a variety of circumstances (e.g., sloped site). A. Height measurement. The height of a structure shall be measured as the vertical distance from the average elevation of the finished grade to the highest point of the structure. The measure excludes architectural features and appurtenances such as,but not limited to, chimneys, antennas, elevator and similar mechanical equipment. B. Height limits.Height limits are established throughout this title.Primarily,height limits are listed in chapter 17.36 (Development Standards by Base Zone) where they are listed by zone. Additional height limits are established for accessory structures (chapter 17.42), fences and walls (chapter 17.48), outdoor lighting (chapter 17.58), and signs(chapters 17.72 and 17.74). C. Height exceptions. The following features are excluded from height limits, provided they do not exceed 15 feet in height above the structure (see Figure 17.34-030-2, Height Exceptions): 1. Flues. 2. Chimneys. 3. Spires,bell towers,or similar architectural features. FIGURE 17.34.030-2 HEIGHT EXCEPTIONS hic nn v M°Iuwd�Vtiiti° w (Code 1980, § 17.34.030; Ord.No. 855, § 4, 2012) 17.34.040 Setback requirements and exceptions. A. General yard and setback requirements. 1. Required yard area. Except as otherwise specified in this title,required yard areas shall be kept free of buildings and structures. 2. Exclusivity of required yard area. No yard or other open space provided around any building for the purpose of complying with this title shall be considered as providing a yard or open space for any other building or structure. B. Front yards.Generally,the front yard setback is determined by the front lot line,which is the lot line paralleling the street. However, for flag lots and other irregularly shaped parcels, the front lot line is determined to be the narrowest portion of the lot.For flag lots,this excludes the narrow portion of the lot that represents the "pole." See Figure 17.34.040-1 (Front Yard Setback Measurement for Irregular Lots). FIGURE 17.34.040-1 FRONT YARD SETBACK MEASUREMENT FOR IRREGULAR LOTS Porn t.at Ibwx�,- of the tot Fr'ant Wt t.h Nav� rovvt't Fb rb mri I C. Street yards. Except as otherwise permitted, a street yard shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. D. Rear and interior side yards. Except as otherwise permitted, these yards shall be used only for landscaping,pedestrian walkways, driveways, off-street parking or loading,recreational activities or facilities,or similar accessory activities. 1. Vertical clearance.Except as otherwise provided in this title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to section 17.34.040.E (Allowed Encroachments or Projections into Required Yards). 2. Corner lots. In the case of a lot abutting two or more streets, the main buildings and accessory buildings shall be erected so as not to encroach upon the required front and street side yards. 3. Double frontage lots.Where a double-frontage lot has a depth of 125 feet or more,such lot may be treated as two lots, with the rear line of each approximately equidistant from the front lot lines,provided all the yard requirements are met. 4. Setback measurement. The setback of all buildings and structures shall be measured at a right angle from the property line or curb face as listed below. Except as permitted in section 17.34.040.E (Allowed Encroachments or Projections Into Required Yards), or as otherwise specified in this title for specific types of structures (e.g., accessory structures, signs) or through the issuance of a variance, structures shall not extend beyond required setback lines. a. Front yard and corner side yard setbacks are measured from the curb face. b. Rear yards and interior side yard setbacks are measured from the property line. FIGURE 17.34.040-2 SETBACK MEASUREMENT ................................... .................................... RR' 1 ARD CORNER SOr..YARE) IN E J lDE YARD � 77 n E. Allowed encroachments or projections into required yards. In addition to the structures listed in section 17.42(Accessory Structures)and section 17.48 (Fences,Walls, and Screening),the following structures and architectural features attached to the main building may project into the required yards: 1. Residential encroachments. a. Eaves,roof projections, awnings, and similar architectural features may project into required yards a maximum distance of three feet,provided such appendages are supported only at, or behind, the building setback line. b. Chimneys,bay windows,media centers, fire escapes, exterior stairs and landings, and similar architectural features may project into required yards a maximum distance of two feet,provided such features shall be at least three feet from a property line. C. Balconies may project into required yards,private alleys, and access drive aisles, provided such features shall be at least three feet from a property line and minimum 10 feet vertical clearance is provided. d. Decks,platforms,uncovered porches, and landing places that do not exceed a height of 36 inches above grade may project into any front or corner side yard a maximum distance of six feet and project into any rear or interior side yard up to five feet from the property line. e. Minor structures and equipment. Minor accessory structures with less than 120 square feet of floor area, and not exceeding six feet in height,may be located within any interior side or rear setback area,but not within any front or corner side yard setback area except where screened from public view. Examples include,but are not limited to, storage sheds,trash enclosures, doghouses,play equipment, and playhouses. f. Pool accessories,including but not limited to slides, grottos and pool equipment shall not be located within five feet of the side or rear property line. 2. Nonresidential encroachments. a. Eaves,roof projections, awnings, and similar architectural features when located at least eight feet above grade may project into required yards a maximum distance of three feet,provided that such feature shall be at least five feet from a property line. b. Fireplace, chimneys,bay windows,balconies, fire escapes, exterior stairs and landings, and similar features may project into the required yard a maximum distance of two feet,provided that such features shall not occupy more than 25 square feet of each required yard and shall be at least five feet from a property line. FIGURE 17.34.040-3 ENCROACHMENTS pfoiectjorlof eaves"Toot Mod or'014Aar,Ar hilec utal feat knev feet. W'V,rlgf,,arr % - o'ru,uuhar r = GtlFw"r;V6.ufiirm u.' r� nu u �r wk1altl le,A ai Ada otrr au Viso-" uN p:;�W n «N b u Hv4d e aa�;ji wx w Eavf'n' ROOT Pa'0Jrr r1Pruto r�r°kir p , Nar c�r rq-�f'r rl a ama Marc cNrrrrroey5,bay m6n dqv 5,Wr"Inie ,fire eie apse s,e xlerior 5tW*5 and d darariira 5,,amid sIrW[ aichait' to rai f alijircts-2 feet,pr,ovEded featurvs are setback at 10a.st 3 feet from a pro"rt line 'Jo a hru $urAeP(md tl,An�w„sru Yv40u 96 u � Bu 8ri��adAeAnrw... wdejuAnF 4 „ IIa lkrd�r�nw�uNeN rorpu�rv� ,J hiii^miney^ Bay, bun[d w's FNre ils.ap*"-5 aII; ew,terrr.ur stadori wiet d;;�a ro�.diu wk�r Prod ectjora of decks,p1l;!ifoera°ts,urit"'O ^r'e d Porches,and hoidlinq pdaC o Oun coo rain excevK1 41 he igbt Of h'u'fies~: A.Font or corner sWe yardll.6 feet ,. Sivas r Kean Yard-feature y,be cons matted up io 5 feet from the Iplropert line ah„ N pd'grnu.+r„offY`CrvuC'f ftl�Y r��aqutuO'd�;WeAce c""Ivvurrc uyrt�„�.mi ou.Kr tG� ��,�l rr rnmun �wNmw u mud uu ad B. Additions.For additions,the minimum side yard setback of the base zone or that of the existing house shall apply,whichever is less,but shall not encroach further into the side yard setback than the existing house. (Code 1980, § 17.34.040; Ord.No. 855, § 4, 2012; Ord.No. 881 § 4, 2015) Chapter 17.36 DEVELOPMENT STANDARDS BY BASE LODE 17.36.010 Development standards for residential zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within Residential Zones. Development standards in this section apply to all land designated on the zoning map within a Residential Zone. B. Residential zones described. As identified in chapter 17.26 (Establishment of Zones), the city includes six Residential Zones and thirteen subzones: 1. Very Low (VL). a. Very Low—Etiwanda Heights 14000 (VL-EH 14000) b. Very Low—Etiwanda Heights 9000 (VL-EH 9000) 2. Low (L). a. Low—Etiwanda Specific Plan(V-ESP) 3. Low Medium (LM). a. Low Medium—Terra Vista(LM-TV) b. Low Medium -Etiwanda Specific Plan South(LM-ESP South) C. Low Medium -Etiwanda Specific Plan (LM-ESP) 4. Medium (M). a. Medium—Terra Vista I (M-TVI) b. Medium - Etiwanda Specific Plan South(M-ESP South) C. Medium - Etiwanda Specific Plan(M-ESP) 5. Medium High(MH). a. Medium High—Terra Vista(MH-TV) 6. High(H). a. High- Terra Vista(H-TV) C. Residential site development standards. General site development standards for Residential Zones are listed in Table 17.36.010-IA and Table 17.36.010-113 (Development Standards for Residential Zones). These development standards supplement the development standards in article IV (Site Development Provisions) that apply to all zones (e.g., parking, signs, landscaping, lighting). When there is no standard provided, there is no required minimum or maximum for that zone or subzone. TABLE 17.36.010-IA DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONES LM- Development LM- VL VL-EH 14000 VL-EH 9000 L L-ESP LM LM-TV ESP Standard/Zone ESP South Lot area minimum 20,000 sf 14,000 sf 9,000 sf 7.200 sf 10,000 sf 5,000 sf 5,000 sf 5,000 sf 7,200 s Lot area(minimum net 22,500 sf - - 8,000 sf - 5,000 sf - - - av Lot width minimum 90 ft(i) 80 ft 60 ft 65 ft(i) 80 ft 50 ft(1) 50 ft 50 ft 60 ft Lot width corner lot 100 ft - - 70 ft - 50 ft - - - Lot depth minimum 200 ft - - 100 ft 100 ft 90 ft - 90 ft 100 ft Minimum frontage 50 ft - - 40 ft 40 ft 30 ft - 30 ft 40 ft Minimum frontage 30 ft - - 20 ft - 20 ft - - - (flag lot) Allowed Density dwellin units per acre Minimum density P) - I - - - 2 du/ac 4 du/ac 4 du/ac 4 du/ac 4 du/ac 2 du/ac 2 du/ac 8 Maximum density 2 du/ac 6 du/ac 6 du/ac du/ac(3) 8 du/ac 8 du/ac 8 du/ac Minimum Setback 20 ft 20 ft (4) (5) (5) (5) average Front yard 42 ft 20 ft 20 ft 37 ft 25 ft 32 ft from 25 ft curb vary f5 ft Corner side yard 0) 27 ft 15 ft 16 ft 27 ft 15 ft 22 ft - 15 ft 25 ft Not less than 15 ft total.5 ft minimum on one side for a 1- 0/20 ft 0/10 ft 0115 ft 0115 ft story structure.T ft for a 2- Interior side yard 0) 10115 ft 5110 ft Total 20 5110 ft total or Total 15 Total 15 story structure unless second ft 5/15 ft ft ft story steps back 2 ft from first story . Rear yard(4) 60 ft 20 ft 20 ft 20 ft 25 ft 15 ft loft 15 ft 20 ft Building Height(maximum in feet)(7) Primary buildings 1 35 ft 35 ft 36 ft 35 ft 35 ft 35 ft 35 ft - 35 ft Lot coverage(maximum lot coverage with buildings as a percentage of the parcel or project) Lot coverage 1 25% 1 30% 30% 1 40% 1 30% 50% 60% 50% 40% Open Space Requirement(minimum percentage of open space per parcel or project) Private open space 300/150 (ground floor/upper - - - - - sf - - - story) Open space(private and common Minimum patio/porch 6 ft(8) - - 6 ft(8) - 6 ft(8) - - - depth Minimum Dwelling Unit Size(9) Single-family (attached and - - - - - - - - - detached LM- Development LM- VL VL-EH 14000 VL-EH 9000 L L-ESP LM LM-TV ESP Standard/Zone ESP South Multi-family(10) Efficiency/studio - - - - - - - -One bedroom - - - - - - - - - Three or more bedrooms Distance Between Building/Structure Fronts(6)hll(minimum) Between buildings with no patio or - - - - - 30 ft - - - recessed patio Between patio fence/wall less than 5 - - - - - 15 ft - - - feet in height Between patio fence/wall more than 5 - - - - - 20 ft - - - feet in height Between balconies above patio fence/wall - - - - - 20 ft - - - more than 5 feet in height Between a patio fence/wall and a - - - - - 20 ft - - - building wall With common patio - - - - - 30 ft - - - fence/wall Other Miscellaneous Building Setback Requirements(6)(minimum) Building to one-story detached - 6ft/15ft - - - garage/carport or other accessory structure Building to wall or - - - - - 20 ft - - - curb at project en Table notes: (1) Average width,which shall vary accordingly:VL-+/- 10 feet;L&LM-+/-5 feet (2) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in chapter 17.52(Hillside Development Standards). 0) Developing multi-family in the LM zone and single-family in the M zone at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in section 17.36.020.D. 0) Setbacks are measured between the structure and curb face in front yards and corner side yards.Setbacks are measured between the structure and property line in rear yards and interior side yards. (5) Average setback,which shall vary+/-five feet. (6) Applies to buildings two stories and taller in height.Add ten more feet for each story over two stories. (7) In hillside areas,heights shall be limited to 30 feet. N Free and clear of obstructions. M Senior citizen projects are exempted from this requirement. (1°) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply:Ten percent for efficiency/studio and 35 percent for one bedroom or up to 35 percent combined. Subject to a conditional use permit,the planning commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (11) "Front'is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area.This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. (12) Waterways preserved count towards overall common open space requirements. TABLE 17.36.010-113 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONES Development Standard/Zone M(15) M(16) M-TVl M-ESP M-ESP MH MH- H H-TV South TV Lot area(minimum) 4,0003 ac(1) 3,500 sf 5,000 sf 7,200 sf 3 ac(1) 1 ac 3 ac(1) 2 ac sf Lot area(minimum net avg) 4,0003 ac(1) - - - 3 ac(1) - 3 ac(1) - sf Lot width(minimum) 45 ft - - 50 ft 60 ft - - - - Lot width(corner lot) 50 ft - - - - - - - - Lot depth(minimum) 80 ft - - - - - Minimum frontage 30 ft 100 ft - 30 ft 40 ft 100 ft - 100 ft - Minimum frontage(flag lot) 20 ft 50 ft - - - 50 ft - 50 ft - llowed Density(dwelling units per acre) Minimum density(2) 8 du/ac 8 du/ac 8 du/ac 8 du/ac 8 du/ac 14 du/ac 14 24 du/ac 24 du/ac du/ac 14 14 24 30 Maximum density 14 du/ac 14 du/ac 14 du/ac 24 du/ac 30 du/ac du/ac du/ac(3) du/ac du/ac inimum Setback Front yard(1) 27 ft(5) 37 ft(5) 20 ft from 20 ft average 25 ft - - - - curb vary f5 ft Corner side yard 0) 17 ft 27 ft - 15 ft 25 ft - - - - 0/15 ft Interior side yard(4) 515 ft 10 ft(6) 0/10 ft total 0/15 ft Total Total 15 - - - - or 5115 ft 15 ft ft Rear yard(4) 15 ft loft(6) j loft 15 ft j 20 ft j - j - j - j - uilding Height(maximum in feet)(8) Primary buildings 1 35 ft 1 35 ft(9) 1 35 ft - 35 ft 40 ft(1) 45 ft 1 55 ft(9) 65 ft Lot coverage(maximum lot coverage with buildings as a percentage of the parcel or project) Lot coverage 1 50% 1 50% 1 0% 1 50% 1 40% 50% 0% 50% 0% Open Space Requirement(minimum percentage of open space per parcel or project) Private open space(ground 225/150 1501100 1501100 floor/upper story) sf sf sf Open space(private and common) 35%(17) 35%(17) - - - 35%(17) - 35%(17) - Minimum patio/porch depth 6 ft 00)1 6 ft(10) _ _ _ 6 ft(10) - 6 ft 00) _ Minimum Dwelling Unit Size h) Development Standard/Zone M(15) M(16) M-TVl M-ESP M-ESP MH MH- H H-TV South TV Single-family(attached and detached) 1,000 - - - - - - - - sf Multi-family(12) 550 sf - - - - - - - - Efficiency/studio 650 sf - - - - - - - - One bedroom 800 sf - - - - - - - - Three or more bedrooms 1 950 sf - - - - - - - - istance Between Building/Structure Fronts(7)(13)(minimum) Between buildings with no patio or - 30 ft - - - 30 ft - 30 ft - recessed patio Between patio fence/wall less than 5 - 15 ft - - - 15 ft - 15 ft - feet in height Between patio fence/wall more than 5 - 20 ft - - - 20 ft - 20 ft - feet in height Between balconies above patio - 20 ft - - - 20 ft - 20 ft - fence/wall more than 5 feet in height Between a patio fence/wall and a - 20 ft - - - 20 ft - 20 ft - building wall With common patio fence/wall - 30 ft - - - 30 ft - 30 ft - Other Miscellaneous Building Setback Requirements(7)(minimum) Building to one-story detached garage/carport or other accessory - 15 ft - - - 15 ft - 15 ft - structure Building to wall or curb at project - 20 ft - - - 20 ft - 20 ft - entry Table notes: (1) On existing lots of record,parcels less than three acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. 0) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM zone and single-family in the M zone at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in section 17.36.020.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards.Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback,which shall vary+/-five feet. (7) Add ten feet if adjacent to VL,L,or LM zone. N Applies to buildings two stories and taller in height.Add ten more feet for each story over two stories. 9) In hillside areas,heights shall be limited to 30 feet. Limit one story within 100 feet of VL or L zone for multiple-family dwellings. 01) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (11) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply:Ten percent for efficiency/studio and 35 percent for one bedroom or up to 35 percent combined. Subject to a conditional use permit,the planning commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. 4) "Front'is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area.This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. s) For single-family residential development in the Medium(M)Residential Zone,these standards shall apply. For multi-family residential development in the Medium(M)Residential Zone,these standards shall apply. (17) Waterways preserved count towards overall common open space requirements. D. Recreation area/facility.Where required,in the M,MH and H residential zones,the developer shall provide recreational amenities in conjunction with common open space as follows: 1. Development consisting of 30 units or less shall provide three of the following recreational amenities: a. Open unobstructed lawn area with a minimum area of 1,000 square feet where one of the dimensions (width or depth) shall be a minimum of 50 feet. b. One enclosed tot lot with a minimum area of 500 square feet and a minimum of five different types of play equipment. C. Spa or pool. d. Barbecue facility equipped with grill,picnic benches, etc. 2. Development consisting of 31 units to 100 units shall provide another set of recreational amenities as described in section 17.122.040.M.1, or equivalent, as approved by the planning commission. 3. Development consistent of 101 units to 200 units shall provide five of the following recreational amenities, or equivalent, as approved by the planning commission: a. Two open unobstructed lawn areas of 1,000 square feet; one of the dimensions (width or depth) shall be a minimum of 50 feet. b. A minimum of two (but no more than four) enclosed tot lots each with a minimum area of 500 square feet and a minimum of five different types of play equipment. C. Pool and spa. d. Community multipurpose room equipped with kitchen,defined areas for games, exercises, etc. e. Barbecue facilities equipped with multiple grills,picnic benches, etc. The barbecue facilities shall be conveniently located throughout the site. The number of barbecue facilities and their locations shall be subject to planning commission review and approval. f. Court facilities (e.g.,tennis,volleyball,basketball). g. Jogging/walking trails with exercise stations. 4. For each 100 units above the first 200 units, another set of recreational amenities as described in section 17.122.040.M.3 shall be provided. 5. Other recreational amenities not listed above may be considered subject to planning commission review and approval. 6. Related recreational activities may be grouped together and located at any one area of the common open space. 7. Dispersal of recreational facilities throughout the site shall be required for development with multiple recreational facilities. All recreation areas or facilities required by this section shall be maintained by private homeowners associations,property owners, or private assessment districts. E. Other miscellaneous residential development standards. 1. Zero lot line. The dwelling unit may be placed on one interior side property line with a zero setback,and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet, excluding the connecting elements such as fences,walls, and trellises.Pools, decks, garden features, and other similar elements shall be permitted within the ten-foot setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet in width along the adjacent lot and parallel with such wall. 2. Usable yard area.For single-family detached and semi-detached development, a minimum area of 400 square feet(with a minimum horizontal dimension if any direction of 15 feet) usable rear yard area that is graded flat and level shall be provided between the rear of the primary dwelling unit and the rear property line. If the development is located in an area with slopes or grade differences between properties,then this flat area shall be located at the top or toe (base)of non- retained slope banks. If there are retaining walls, this usable yard area shall be at the top and behind, or at the toe and in frant, of a retaining wall in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form,usable open space may be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor parking. For projects with private streets or driveways, visitor parking required by chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within 150 feet of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include,but is not limited to,pavement marking,freestanding signs designating the stalls as visitor parking,and directory signs guiding visitors to the visitor parking area. 4. Driveway depth/width. All lots within single-family detached and semi-detached residential developments shall have driveways designed to accommodate the parking of at least one automobile in a garage and one automobile on the driveway in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of 19 feet and width of 18 feet. Drive approach shall be developed per city standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Laundry facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units, or within the recreation room. The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing materials. a. New development within Residential Zones shall have tile roofing material made of clay, ceramic, concrete, slate, or composite materials such as fiber-glass. Metal tile roofing may be considered if it is demonstrated by the applicant that the general appearance of it(such as the surface finish, color, and texture) are equivalent to the general appearance of,for example, concrete tile. b. Existing development within Residential Zones may be re-roofed with a roofing material that is consistent with the architectural theme of the primary structure. At the discretion of the Planning Director, exceptions to this standard may be made for sustainable roof designs such as green roofs. C. Additions to existing residential structure(s) and new accessory structures shall have roofing material that matches the roofing material on the existing residential structure(s). The exceptions is that a patio cover addition with a flat roof may have composite rolled roofing. 7. Roof-mounted air conditioning units. Replacement of existing permitted roof mounted air conditioning units that are located on residential development may be permitted. All other proposed roof mounted air conditioning units shall be placed entirely out of public view as seen from a public street, sidewalk, or Regional/Community multi-purpose trail. 8. Slope planting. Slope banks five feet or greater in vertical height and of 5:1 or greater slope,but less than 2:1 slope, shall be, at minimum,irrigated and landscaped with groundcover for erosion control. Slope banks five feet or greater in vertical height and of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15- gallon or larger size tree per each 150 square feet of slope area, one one-gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of eight feet in vertical and of 2:1 or greater slope shall also include one five- gallon or larger size tree per each 250 square feet of slope area.Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a homeowners' association may be required by the planning commission on a case-by-case basis. 9. Waterways. Waterways, if preserved onsite, adjacent, or nearby shall be incorporated into the overall design of the development and count towards open space percentage requirements. F. Special streetscape. It is the intent of this section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on street classification in the general plan circulation plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. Setbacks shall be measured from the face of the ultimate curb location. TABLE 17.36.010-3 RESIDENTIAL STREETSCAPE SETBACK STANDARDS Land Use and Street Classification Building Setback Parking Setback Landscape and Wall Setback(i) Detached Single-Family Residential Arterial Roadway/Boulevard 45 ft(3) 18 ft 20 ft average 18 ft minimum Collector Street/Bicycle Corridor 35 ft(3) 15 ft 18 ft average 15 ft minimum Attached Single-Family Residential and Multi-Family Residential Arterial Roadway/Boulevard(2) 45 ft 30 ft 45 ft average 30 ft minimum Collector Street/Bicycle Corridor(2) 35 ft 25 ft 35 ft average 25 ft minimum(2) Table Notes: (1) On existing lots of record,parcels less than 175 feet in depth need not provide a setback of landscaping greater than 20%of the depth of the property (excluding right-of-way). (2) Add 10 feet to the setback when located within the M,MH,and H zones. 0) These setbacks shall not apply to accessory structures and shall only apply to the primary residence and room additions. FIGURE 17.36.010-1 SPECIAL STREETSCAPE SETBACK FOR SINGLE-FAMILY RESIDENTIAL Strwitape Setback Requirements for Major/Special Rojute.vards (7), y77%, A om so 77 7% ................... -11-11 ,... ......................................................................... ...........?x, _ 45'MWnvm 1$'mqn6'11,uff1 2,0'AveTago,,/1$'Mioim%jim Bodding$vImd Pwkinq Set. dO Laindxape and Wall Setback Streets cape Setback Requirements for N Rm ....................... .... I id................................. "I................. _2 A (DI mum MIA 35'min�,,mkjim 115,Wnimum �i 15 WU,ng$etback Pairkirq,$04ack l,,oldscape and Wall$obo(k FIGURE 17.36.010-2 SPECIAL STREETSCAPE SETBACK FOR MULTI-FAMILY RESIDENTIAL Streptscape Setback equir moats for, kajw/ p e.cial Boultvards --------------------------- vx �., ti % G a d '„mm 0.W. .. xw',wwwrvn��� mm mmmmmmmm mmmmmmmmm �,� � � � ..................... mmmm �mmmmm��� mmmm 00 0 0 0 0 0 0 .. �,uAAAAAAAAAAAm,„ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA � �M` �r�rmY'rIfryAAAAA �:"d�.�`�r,�����,�AAAAAAAAA,, i, r iKaprw r.w Street ca rs Seilback Requirements meat for ;r% 0 0 Landscape and Wall Spi,lback (Code 1980, § 17.36.010; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013; Ord. No. 867, 2014; Ord.No. 869, 2014; Ord.No. 881 § 4, 2015) 17.36.020 Development standards for two units in single family residential zones. A. Purpose. This Section provides objective zoning and design standards for the development of residential units pursuant to Senate Bill(SB)9.Development pursuant to his Section does not require discretionary review or a hearing and is processed ministerially through a plan check/zoning clearance. B. Applicability. SB 9 projects shall only be developed in single-family residential zones.For purposes of this Section,the following zones are considered single-family residential zones: 1. Very Low Residential (VL) 2. Low Residential (L) 3. Hillside Residential (HR) C. General Standards. All development pursuant to SB 9 shall comply with the following objective standards: 1. Eligibility requirements of Government Code Section 65852.21(a) shall be satisfied. 2. Except where superseded by SB 9 or this Section, development shall comply with the objective development standards of the zone in which the lot is located. 3. Access to any unit shall not be across an easement that restricts such access. 4. More than 25 percent of the exterior structural walls of an existing dwelling shall not be demolished unless the site has not been occupied by a tenant in the last three years. 5. The lot shall contain no more than one pedestrian path connected to the public night-of-way or private street. 6. The development shall contain no exterior stairways except those leading from grade to the first floor. 7. Off-street parking shall be provided in accordance with the following standards: a. A minimum of one off-street parking space shall be provided for each residential unit. b. No off-street parking is required if either of the following apply: 1. The lot is located within one-half mile walking distance of either: a high- quality transit corridor as defined in Public Resources Code Section 21155(b) or a major transit stop as defined in Public Resources Code Section 21064.3. D. Additional Standards for New Construction. In addition to the standards of Subsection C, the standards of this Subsection apply if one or both residential units are new construction: I Maximum unit size shall be 800 square feet, except when rented at a level affordable to Low- Income (50%-80%of AMI)households,per Subsection J below,the maximum unit size may be up to 1,200 square feet. 2. No residential unit shall exceed a building height of one story. 3. No residential unit shall exceed a building height of 16 feet. 4. Each residential unit shall have a minimum setback of four feet from side and rear property lines except as allowed by Government Code Section 65852.21. 5. If the residential units are built as separate buildings,the following standards shall apply: a. The buildings shall be located one in front of the other in relation to the street; b. The front building shall be at least as wide and as tall as the rear building; and C. The front building shall be positioned such that the rear building is not visible from the street when viewed from directly in front of the property. 6. If the residential units are built as a single building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. E. Additional Standards for Conversion of an Existing Dwelling. In addition to the standards of Subsection C, the standards of this section apply if an existing dwelling will be fully or partially retained: I. Maximum unit size shall be 800 square feet, except when rented at a level affordable to Low- Income (50%-80%of AMI)households,per Subsection J below,the maximum unit size may be up to 1,200 square feet. 2. The existing setbacks shall be maintained when converting or substantially redeveloping an existing structure to a two-unit residential development, except that additions to the existing dwelling shall have a minimum setback of four feet from side and rear property lines. 3. Additions to the existing dwelling shall not increase the building height beyond the allowable maximum of the respective base zoning district. 4. If two residential units are located in the same building, one residential unit shall have a door facing the street and one residential unit shall have a door facing a side or rear property line. F. Additional Standards for Urban Lot Split Projects.In addition to the standards of Subsections C, D, and E as applicable, the standards of this Subsection apply if the residential units will be located on lots created by an urban lot split. I. Each lot created by the parcel map shall be used solely for residential uses. 2. No lot created by the parcel map shall have more than two residential units, inclusive of any accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU). No ADU or JADU shall be allowed on any parcel created by an urban lot split if the subdivider uses the authority provided under Government Code Section 65852.21. 3. If the boundary line between the lots created by the parcel map is perpendicular to the front lot line, the units shall be subject to the following standards: a. The buildings nearest the street on each lot created by the parcel map shall have no more than one residential unit with a door facing the street. G. Exceptions. The Planning Director shall approved an exception to any of the standards specified in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. H. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether a proposed development would cause a specific adverse effect to public health, safety,and welfare,as defined in Government Code Section 65589.5.If so,the Building Official shall make a written finding in support of his or her decision to deny the application. L Denial. The Building Official shall deny an application for an SB 9 project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. J. Covenants Required. A property owner seeking to develop units on a single-family residential property,pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor- Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period of less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property of which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and 5. Residential units over 800 square feet, created pursuant to the standards of this Section, shall be rented at a level affordable to Low-Income (50%-80% of AMI) households for a period of at least 45 years. 17.36.030 Urban lot splits in single family residential zones. A. Purpose. This Section provides objective standards for urban lot splits on single-family residential zone lots pursuant to SB 9. B. Applicability. 1. This Section applies to single-family residential zone lots. For the purposes of this Section, the following zones are considered single-family residential zones: a. Very Low Residential(VL) b. Low Residential (L) C. Hillside Residential(HR) 2. An urban lot split is prohibited on a lot previously subdivided by an urban lot split pursuant to SB 9. In addition, an urban lot split is prohibited on a lot if the lot's owner or any person acting in concert with the owner of such lot has previously subdivided an adjacent lot pursuant to SB 9. 3. An urban lot split shall not require discretionary review or a hearing and is approved ministerially by the City Engineer through a parcel map application. This Section is exempt from the application and hearing requirements described in Chapter 16.20 (Tentative Parcel Maps—Four or Less Parcels) and Section 16.22.090 (Approval by City Council). C. Subdivision Standards. An urban lot split pursuant to this Section is subject to the following standards. 1. Eligibility requirements of Government Code Section 66411.7(a) shall be satisfied. 2. A minimum lot size of one acre per dwelling unit is required for any proposed lot which does not have access to a public sewer. 3. Each lot created by the parcel map shall have a minimum area of 1,200 square feet. 4. The newly created lots shall not be smaller than 45 percent of the area of the original lot. 5. Each newly created lot must have access to a public street. 6. Lot lines shall be: i. Straight lines,unless there is a conflict with existing improvements or the natural environment; ii. Generally parallel to the street when facing the street or be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets; and iii. Within appropriate physical locations that do not bisect buildings and are contiguous with existing zoning boundaries. D. Exceptions. The City Engineer shall approve an exception to any of the standards satisfied in this Section upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area. E. Review. The Building Official, City Engineer, and Fire Marshal shall review applications to determine whether there is a specific adverse effect to public health, safety, and welfare. F. Denial. The City Engineer shall deny an urban lot split upon making both of the following findings in writing based upon a preponderance of evidence. 1. The proposed housing development project would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2) 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. G. Covenants Required. A property owner seeking to develop units on a single-family residential property,pursuant to the standards of SB 9 and the standards of this Section, shall execute and record the following covenants against the subject property with the San Bernardino County Assessor- Recorder-Clerk and provide a copy to the City: 1. Short-Term Rental of a residential unit for a period less than 31 days shall be prohibited; 2. Non-residential uses on the site shall be prohibited; 3. Any subsequent urban lot split of land that was previously subdivided with an urban lot split shall be prohibited; 4. The owner of the property for which an urban lot split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the urban lot split; and 5. Residential units over 800 square feet shall be rented at a level affordable to Low-Income (50%- 80% of AMI)households for a period of at least 45 years. 17.36.040 Development standards for industrial zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within the Industrial Zones.Development standards in this section apply to all land designated on the zoning map within an Industrial Zone. B. Industrial zones. As identified in chapter 17.26 (Establishment of Zones), the city includes three Industrial Zones: Neo-Industrial (NI), andIndustrial Employment(IE). C. Industrial site development standards.General site development standards for Industrial Zones are listed in Table 17.36.040-1 (Development Standards for Industrial Zones). These development standards supplement the development standards in article IV(SiteDevelopment Provisions)that apply to all zones (e.g.,parking, signs, landscaping, and lighting). TABLE 17.36.040-1 DEVELOPMENT STANDARDS FOR INDUSTRIAL ZONES Development Standard/Zone NI IE Lot area(minimum) 0.5 ac 5 ac or 2 ac (2) Lot width(minimum)(3) 100 ft 100 ft Min. Setback(ft.) (4) Front yard(and Street Side Yard) See Table 17.36.040-2 Major Arterial and Special Boulevard 45 ft 45 ft Secondary 35 ft 35 ft Local/Collector 25 ft 25 ft Interior Side yard 5 ft(5) 5 ft(5) Rear yard 0 ft(5) 0 ft(5) Distance Between Buildings Primary buildings Must meet current building code requirements Accessory buildings Must meet current building code requirements Max.Building Height(ft.) Primary buildings(7) 35 feet at the front setback line(6) 45 ft 65 ft Accessory buildings -Detached 25 ft 25 ft Accessory buildings—Attached Maker Space 35 ft 35 ft Max. Floor Area Ratio(Ratio of building floor area to lot square footage) Floor area ratio 0.6(8) 0.6(9) Max.Building Footprint(sq.ft) Primary Building(10) 200,000 450,000 Accessory Building -Detached 51000 10,000 Development Standard/Zone NI IE Accessory Building—Attached MakerSpace 30,000 30,000 Min. Open Space(ininitnum percentage of open space per parcel or project) Open space/landscape area I0%GT 10% (2)(tt)/5%(11) Performance standards (see Chapter17.66) A/B B/C(2) Table notes: (1)Condominium lots.Condominium lots and lots within an approved roaster planned development are exempt from required minimum parcel size and dimension requirements. (2)The following applies within 1,000 feet of Arrow Route:minimum 2-acre lot area; 10%minimum landscape area;and the`B"level performance standards(chapter 17.66). (3) Setbacks shall be the minimum required under the city's currently adopted building code. (4) Setback shall be increased to 45 feet when abutting a residential property line or adjacent to Interstate 15. (5)See Table 17.36.040-2 for parcels abutting special boulevards as indicated in Figure 17.36.040-1(Special Streetscape Requirements). (6)Buildings used for industrial uses that exceed 35 feet in height shall be set back an additional one foot from the front setback line for each one foot of building height up to a maximum setback of 70 feet.The portion of the building used for offices are not subject to this requirement. (7) Heights over 75 feet may be permitted with a conditional use permit. (8) For hotels and motels,the maximum floor area ratio is 1.0(100 percent). (9)Parking structures in the Neo-Industrial(NI)and Industrial Employment(IF)Zones are exempt from floor area ratio requirements. (10)Conditional use permit approval by the city council is required for all industrial buildings larger than 75,000 square feet in gross floor area. See Section 17.20.060(Conditional use permit).A roaster plan is required for all industrial buildings larger than 450,000 square feet in gross floor area. (tt)Waterways preserved count towards overall common open space requirements. D. Other miscellaneous industrial development standards. I. Special streetscape. Future development and redevelopment within industrial areas shall be consistent with the special streetscape standards listed in Table 17.36.040- 2 (Streetscape Setback Requirements) and as depicted in Figure 17.36.040-1 (Special Streetscape Requirements). TABLE 17.36.040-2 STREETSCAPE SETBACK REQUIREMENTS Average Depth of 0,3,4,5> �s> Street Type (1,2) Building Setback Parking Setback Landscape Arterial Roadway/Boulevard 45 ft 45 ft 25 ft Collector Street 35 ft 35 ft 20 ft Bicycle Corridor/Local Street 25 ft 25 ft 15 ft Table notes: (1) The average depth shall be uninterrupted from the face of curb,except for sidewalks,pedestrian hardscape,plazas and courtyards,and monument signs. (2) Parcels less than 225 feet in depth from the ultimate curb face on special boulevards are not required to provide an average depth of landscaping or building setback greater than 25 feet or 20%the depth of the property,whichever is greater. 0) As determined from ultimate face of curb. (4) Average depth of landscaping must still be provided. (5) Setback may be increased based on building height.See Table 17.36.040-1. 2. Accessory maker spaces. Accessory maker spaces are required in or adjacent to all new buildings that exceed 200,000 square feet in gross floor area in the Neo-Industrial (NI) and Industrial Employment(IE)Zones, subject to the following standards: a. A minimum gross floor area of 3,000 sq.ft. and a maximum gross floor area of 30,000 square feet. b. Accessory maker spaces shall face main arterial roads adjacent to the site. C. Maker space building frontages shall include either an at-grade loading area or an above-grade loading area on a terraced entry. FIGURE 17.36.040-1 SPECIAL STREETSCAPE REQUIREMENTS Streetscape Se,tback Requvernents for Major,Artehals and ecol 80U evards 45'Mkmmuv 45'Nei age Dep Iii 25"Wnonunt Budding srnhuk of LandU'aping Pjd6ng Soback .............. ... .................. .................................................................................................................... .. ...... ... Q 7 15?71N,� ............ e7S..............4 cn' " —Y TFN '7) r,7* Streetscape Setback]Requ�reme,n,ts for SecandaryStreets 35"WINF1,14irl 3$'Awragv D"ilh 20"Mhumm'n, FhOdiinq S'edmd of Land,.capirtq Paklrq lelbacl ............................................................ ............................................................................................................................................................................................................................................................... ............................................................................ '077o-T ............... ............... 6................ % ...... 5treetsc�ap�e Setback Requfternents,for WcM Streets 25'hfir74nur� 2TAvetago Depal P krimnunt f�W ding Seabed "I Vq ............ ............... ............. ........... 3. Special building height standards. Building height limits shall not exceed the height limits prescribed in the LA/Ontario International Airport Compatibility Plan.For areas within the High Terrain Zone, the building height limit shall be 70 feet. Buildings or structures greater than 70 feet in height within the High Terrain Zone are subject to the ONT-IAC Project Notification Process and require a Federal Aviation Administration(FAA)exception(Obstruction Evaluation - Form 7460). In cases where the LA/Ontario International Airport Compatibility Plan permits heights greater than 70 feet, building height limits shall be limited to maximum of height of 75 feet,unless a conditional use permit is granted permitting heights greater than 75 feet. 4. Special height exceptions for ancillary equipment.Within the Industrial Employment(IE)Zone, height exceptions may be granted for ancillary equipmentwith special design and landscape considerations as follows: a. Maximum 90 feet with approval of a minor exception with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. b. Maximum 120 feet with approval of a conditional use permit with the additional findings that the ancillary equipment is designed in a manner that integrates well within the subject site and existing and/or proposed landscaping will buffer the views of ancillary equipment from designated view corridors. 5. Interim uses. Certain industrial properties may be vacant without any immediate plans for site development.In these instances,the properties may be utilized for a definedlist of interim uses for a limited time period as specified below. The uses permitted withinthis section are supplemental to the uses listed in chapter 17.30 (Allowed Land Uses by Base Zone). a. Permitted interim uses include agricultural crops,roadside stands,farmersmarket, community garden, and private parks and picnic areas. i. Other uses intended to be temporary that are allowed by right on a permanent basis in the associated zone,upon the determination of the planning director. b. Minor use permit required. Prior to the establishment of an interim use, a minor use permit shall be approved. C. Time period. The maximum time period for an interim use is five years. d. Conditions. At a minimum, the conditions should include an agreement between the city and the applicant stipulating timing,installation of permanent improvements and buildings, and/or restoration of the site to its original condition.At the end of five years, the use shall be removed or the site developed in accordance with the full development regulations of any adopted plan. 6. Interim use standards. The following standards shall apply in all industrial areas for interim uses: a. The minimum streetscape and parking setback requirement shall be contiguous with the ultimate right-of-way line,but in no case less than ten feet. b. No minimum landscape coverage requirements are required, except where necessary for screening purposes as determined by the planning director. C. All parking and storage areas shall be paved with slag,crushed aggregate,asphaltic concrete, concrete, or similar materials. The location,number, and design of the parking and storage areas shall be in accordance with Coderequirements. d. All parking and storage areas, and other interim uses which require screening as determined by the planning director, shall be screened from public view through a combination of landscaping and fencing. Fencing may include a six-foot chain-link fence with slats, masonry or concrete,wood, or decorative metal. Screening must be maintained in good condition at all times. e. Landscaping required for screening purposes shall include 15-gallon treesand five- gallon shrubs to provide a dense landscape buffer to afford maximum screening from the public view, satisfactory to the planning director. f. Landscaping required for screening purposes shall include 15-gallon trees and five- gallon shrubs to provide a dense landscape buffer to afford maximum screening from the public view, satisfactory to the planning director. 7. Rail service. If rail service is needed for properties which adjoin existing or proposed lead or spur lines, the following rail service access standards, unless modified by the rail service provider or the public utilities commission,shall apply: Rail crossings and any spur construction must be approved by the rail service provider and the public utilities commission.The following rail service standards, unless modified by the railroad or the public utilities commission, shall apply: a. Minimum easement width for a lead line, single track shall be 32 feet. b. Minimum easement width for a double rail track shall be 41 feet. C. The minimum radius of curvature for a track shall be 180 feet. d. The maximum gradient along spur tracks shall not exceed two percent. e. Dock height shall be no less than 4.5 feet above the top of the spur track. f. Road crossings at grade must be avoided wherever possible. g. Spur trackage is not permitted along any frontage between a building anda public right-of-way and must be confined to the side or rear yard area of the building that the rail spur serves. h. Rail loading areas shall be screened from view from the public right-of-wayby a wall that matches the architecture, materials, colors, etc. of the building that the rail spur serves. i. Spur tracks shall not encroach onto/across any required parking stalls. Spur tracks shall not encroach across drive aisles for automobile/heavy truck and/or emergency vehicle access except when it is necessary to connect the mainrail line with the rail loading area. j. Lot divisions and building layouts for properties which adjoin existing or proposed lead and spur lines shall be done in a manner to ensure full potential offuture rail access and use and should not preclude rail access to other propertiesadjacent to such rail lines. Subdivisions,which could reduce a property's ability toaccommodate potential rail served developments,may not be authorized. k. Building design shall include rail service features to ensure the potential use of available spur lines. 1. Finished floor elevations and dock height door or"kick out"wall panels shallbe provided in all properties abutting rail lines. in. The above-referenced rail service development standards may be amended or deleted on a site-by-site basis during the development review process. The following must be determined by the planning commission in order to authorize any modification of the rail service standard: i. That the installation of a lead or spur track cannot be accomplished due to physical constraints on or adjacent to the project site; and ii. Other existing or potential rail service properties will not be negatively affected in their ability to accommodate rail service activity as a result of modifications to the standards. 8. Equipment screening.The following screening standards shall apply to equipmentsuch as HVAC units, storage tanks, ducting, etc.: a. All roof,wall, and ground mounted equipment shall be screened and not visible from the public right-of-way within the Neo-Industrial(NI) Zone. b. Wherever possible, all roof,wall and ground mounted equipment shall be screened and not visible from the public right-of-way within the Industrial Employment(IE) Zone. C. The visibility of any equipment from the public right-of-way shall be determined by "line-of-sight" and measured from a point that is 6 feet above the finished surface of the centerline of the public right-of-way, e.g. street. d. All screening of roof mounted equipment shall be accomplished with a parapet wall that is consistent and compatible with the architecture, materials, colors, etc. of the building.Where a parapet wall is not possible, then a screen shall be provided to enclose the roof mounted equipment. This enclosure is exempt from the building height requirement established in Table 17.36.040-1 (Development Standards for Industrial Zones).Where roof mounted mechanical equipment and/or ductwork projects less than 18 inches above the roofor roof parapet it shall be painted consistent with the color scheme of the building. 9. Design standards. The following design standards apply to all new developmentsin the Neo- Industrial(NI) and Industrial Employment(IE) Zones: a. Site design standards i. General site design • Site elements such as buildings, parking areas, driveways, sidewalks, and outdoor recreational spaces must be arranged to emphasize the aesthetically pleasing components of the site (e.g., landscaping and the superior architectural design of office building element (refer to b. (Building design standards)) and to screen less attractive elements (e.g., service facilities, loading docks, outdoor storage, equipment areas, and refuse enclosures) through the proper placement and design of buildings, screen walls, and landscaping. • Sites shall have internal sidewalks that connect to sidewalks alongpublic streets to create pedestrian connections. • Loading dock areas shall be located and designed so that they do not face toward(and are not visible from) any adjacent public right-of- way such as a street. These areas shall be screened with walls or fences and landscaped. See section 17.48.050.E and 17.56.060.L. • All refuse, storage, and equipment areas placed outside of a building shall be screened from adjacent public rights-of-way and uses. ii. Block Network Parameters for Public Streets. • Intersection spacing along arterial edges shall be between 1/8 mile and'/4 mile with at least one mid-block intersection between intersecting arterials and rail, flood control,utility or freeway corridors. • Intersection spacing inside arterial/arterial blocks bounded by arterials shall be a minimum of 200 feet and a maximum of 1,320 feet. • Buildings greater than 450,000 sq. ft. in size shall have public streets on at least 3 sides. • A minimum of 1 public street shall run parallel with and within 500 feet of rail (excluding spurs), flood control, utility, or freeway corridors.The parallel street shall run through the block. Street crossings at intersecting corridors shall be established on a case- by-case basis based on feasibility and needs by the City Engineer. • Intersections along arterials shall be aligned with existing/proposedintersections on the opposite side of the arterial where possible andmeet minimum design standards for offsets or clearance from adjacent corridors as required by the City Engineer. • Two distinct points of connection shall be provided through an internal block network to the arterial street network for every industrial parcel. ill. Parking location and design • Surface parking shall be located to the side or to the rear of principlebuildings to the greatest extent feasible. • Surface parking stalls for employees and guests may incorporate shade structures that are capable of supporting solar/photovoltaic array systems with a minimum clearance height of 12 feet. • The shade structures shall not encroach into the required access lanes. • The applicable tree and landscaping standards are not required in the sections of the parking areas where solar arrays systems are placed. See Section 17.56.060.N.1.b(Exception for solar collectors). • All new development within the Neo-Industrial (NI) and Industrial Employment(IE)Zones requires a Parking management plan, see Section 17.64.070 (Parking management plan). iv. Open space • An outdoor seating/break area is required for every proposed and potential office area of a building • On-site open space areas shall contain an outdoor seatingibreak area with seating designed to allow a variety of sitting environments. • Outdoor seating areas shall provide shade under a suitable structure and wind protection using landscaping or transparent screening structures. • Outdoor seating areas shall be easily accessed from the lobby or interior break rooms and placed at the corner of the building or along the side of a building facing a public street. • Outdoor seating areas are included within the minimum open space requirement in Table 17.36.040-1 (Development Standards for Industrial Zones). V. Landscaping, screening,and street trees • All new industrial developments shall adhere to the standards in Chapter 17.56 (Landscaping standards) in addition to the standards provided below. In the event of a conflict, the provisions of this section shall apply. Landscaping shall be provided along the public streets and sidewalks to define the street edge,buffer pedestrians from vehicles,and provide shade. • All new trees planted within the public right-of-way or to screen thefront, side or rear of a building, and to screen the building from Interstate 15 shall be a minimum 24-inch box and planted 25 —30 feet apart. • Trees shall be selected and planted to provide shade for walkways, outdoor seating areas,parking areas etc. and for their ability for filtering particulate matter and other pollutants from the air. • Walls and fences used to provide screening of loading facilities, outdoor trash receptacles, utility equipment, etc. must be solid and designed with materials and finishes that are consistent with and complimentary to the design of the primary buildings. Fences usedfor security purposes or around parking areas shall consist of wrought iron, tubular steel, or similar material. The use of chain-linkis prohibited. Landscape materials as required in accordance with Chapter 17.56 (Landscaping Standards) may compliment the requirements for screening,but landscaping without a screen wall or fence does not meet the minimum screening requirement of thissection. • When redevelopment occurs,new public streets as required by the city engineer shall be designed in compliance with the city's Complete Streets policies, public sidewalks along the frontage of the property being developed are required. • All new sidewalks shall be a minimum of 6 feet or wider as designated by the city engineer based on existing or planned adjacent land uses to ensure compliance with the city's Complete Streets policies, separated from the curb by aplanted parkway,andinstalled parallel to the property line or curb. Meandering sidewalks along any frontage are prohibited. b. Building design standards i. Building orientation and placement. • Buildings shall have articulated and transparent frontages along a minimum of 50 feet on both sides of the building that define the corner. • Office and administration buildings associated with an industrial use shall be placed at the corner of a building at the intersection of twopublic streets and/or a main arterial road. The building corner shallhave a prominent, vertical structural element (e.g. a tower) that projects no more than 15 feet above the maximum allowable heightof the building and that occupies a maximum of 5 percent of the building roof area. In addition, raised parapets with enhanced decorative treatment such as cornices or crenellations are permitted not to exceed 8 feet above the maximum allowable height of the building. If an office or administration building is located at the intersection of two arterial streets the height of the tower or raised parapets may be increased an additional 25 percent. • The primary entrance to accessory maker spaces and an office/administration building must face the corner or an adjacent main arterial road. • Where feasible, equipment, electrical, and service rooms shall be placed within the footprint of the building, i.e. inside the building, or screened so that it is not visible from the public right-of-way. ii. Building facade articulation. • Primary building entries shall be readily identifiable and well- defined using projections, recesses, columns, roof structures, or other design elements. • All elevations of a building's facade shall include modulation and articulation of the wall plane and roof line, proportionate to the height and length of the building. Exceptions to this requirement are the wall planes at the dock areas and the rear elevation of the building. • All elevations of a building's facade must have vertical or horizontal variations in color, texture,material, and ornamentation. • The office component of building facades must contain offset or recessed structural bays, and projecting elements such as colonnades or bay windows. • Shade elements such as canopies, awnings, arcades, and overhangs shall be provided over all windows, and at all pedestrianentry points, along the front elevation,any street-facing elevation,and office portions of the building. • Roofs shall be designed as an integral component of building form, mass, and facade, particularly along the front and office portions ofthe building. Building form shall be enhanced by sloped or offset roof planes, eave heights, and rooflines. ill. Materials and detailing • The front and office portions of buildings must be constructed of high-quality materials, including, but not limited to, brick, stone, textured cast stone, tinted masonry units, concrete, glass, and metal siding. • The following materials are prohibited along the front and office portions of the building: I. Unadorned,plain or painted concrete block or panels; 2. Reflective glass; and 3. Vinyl,fiberglass, asphalt,or fiberboard siding. • Where feasible, the industrial/warehousing portion of the building must include a variety of materials and architectural elements to break up the linear planes of these building.Ideally, the building's design and architecture must express the nature of the industrial activity within,in keeping with the other requirements of this sectionand while respecting the functionality of the use within the building. iv. Door and window openings • For office portions of principle buildings,window and door openings must comprise at least 60 percent of the total area of exterior wallsfacing a public street. • These windows must be clear or translucent to improve visibility, add visual interest, and allow light into interior spaces. V. Lighting • Decorative lighting fixtures shall be provided with a minimum I-foot candle illumination level above that of surrounding parking lots at vehicle driveways and driveway entry/exits,pedestrian pathways,plazas and courtyards, and other activity areas. • Building and landscape accent up-lighting shall be incorporated into the lighting plan for the development site, with a focus along the front and office portions of the building. • All exterior lighting shall be shielded to prevent glare and light trespass onto adjacent properties and streets. • Lighting systems shall be architecturally compatible with surrounding buildings to express the unique character of the area. (Code 1980, § 17.36.040; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013; Ord.No. 874, §§ 4, 6(Att. A), 6-17-2015) 17.36.050 Development standards for open space zones. A. Purpose and applicability. The purpose of this section is to establish minimum development standards that are unique to development projects within Open Space Zones. Development standards in this section apply to all land designated on the zoning map within an Open Space Zone. B. Open space zones described. As identified in chapter 17.26 (Establishment of Zones), the city includes four Open Space Zones: Open Space Conservation (OSC), Hillside Residential(HR),Parks (P),Flood Control/Utility Corridor(FC/UC). C. Open space site development standards.General site development standards for Open Space Zones are listed below. These development standards supplement the development standards in article IV (Site Development Provisions) that apply to all zones (e.g.,parking, signs, landscaping, lighting). 1. Open Space Conservation (OSQ Zone development standards. All development within the Open Space Zone shall comply with the following criteria: a. Minimize alteration to the natural landform. b. Protect areas capable of replenishing groundwater supplies. C. Protect the natural drainage of the area. d. Protect waterways from indiscriminate erosion and pollution. e. Protect lands having biological significance, especially riparian(water-related) areas and their associated woodland vegetation. f. Protect areas with significant native vegetation and habitat value. g. Protect natural areas for ecologic, educational, and other scientific study purposes. 2. Hillside Residential (HR) development standards. All development within the Hillside Residential zone shall comply with the development standards of the Very Low(VL)Residential Zone. See Table 17.36.010-IA (Development Standards For Residential Zones)for standards. 3. Flood Control✓Utility Corridor(FC/UC)Zone development standards. All development within the Flood Control/Utility Corridor Zone shall comply with the following criteria: a. Flood Control development standards: i. Natural features such as trees, groves, and substantial physical features are to be preserved,wherever feasible.Natural vegetation will be retained so as to anchor soil in place and prevent erosion and sedimentation. ii. When removal of vegetation is necessary and grading is to be undertaken,it shall be done in a manner,which will minimize soil erosion. Seeding and mulching or other stabilization measures are to be used to protect the disturbed land following construction. iii. No topsoil may be removed from the site except for that area to be covered by improvements. The topsoil from such areas is to be,if practical, redistributed on the site to provide a suitable base for seeding and planting. iv. Any fill proposed to be deposited in the floodway must be protected against erosion by riprap,vegetation cover, or bulkheading.No fill may be permitted which, acting alone or in combination with existing or future uses, affects the capacity of the floodway or unduly increases flood heights. V. Those criteria listed in section 17.36.050.C.3 related to structures shall be complied with. vi. Any structures or land outside the Flood Control/Utility Corridor Zone which could be subject to flood inundation, as depicted on the Federal Insurance Flood Rate Maps or otherwise by the city engineer, shall comply with flood protection measures as outlined in title 19 of this Code. vii. No structure shall become a debris-catching obstacle. b. Utility Corridor development standards: i. Buildings shall not be designed nor used for human habitation unless expressly permitted by this chapter. ii. All buildings shall be designed for compatibility with surrounding development relative to materials,height, size, scale, and setbacks. iii. Any development shall include provisions for landscaping,wind or water erosion control, and screening,if necessary. D. Additional improvements. The planning director may, through the development review process, require additional improvements to a development in any one of the Open Space Zones,if it is needed for the protection of the public health, safety, or general welfare. E. Height limit. The maximum building height within the Open Space Zone shall be the same maximum building height of the adjoining parcels.Where the Open Space Zone adjoins more than one zone,the maximum building height for the Open Space Zone shall be consistent with the lowest height limit of the adjoining zones. (Code 1980, § 17.36.050; Ord.No. 855, § 4, 2012) Chapter 17.38 OVERLAY LODES AND OTHER SPECIAL PLANNING AREAS 17.38.010 Senior Housing Overlay Lone. A. Purpose. The Senior Housing Overlay Zone is intended to facilitate the construction of affordable rental housing units that will serve the current and long-term city need for affordable senior citizen- oriented dwelling units while maintaining a high degree of quality in project design and construction. The zone is further intended, by offering various development incentives, to make the development of senior citizen-oriented affordable units attractive to potential developers while at the same time providing assurances to the city that units developed by use of the incentives offered as part of the Overlay Zone remain available and affordable to the target group intended—senior citizens of low and moderate incomes. B. Applicability. The Senior Housing Overlay Zone may be applied in combination with residential zones. A Senior Housing Overlay Zone shall be indicated on the zoning map by the reference letters "SH" after the reference letter(s)identifying the base zone. C. Target population. The primary resident population group that is intended to be served by the units constructed through use of incentives offered as part of the Senior Housing Overlay Zone are senior citizens who meet the following criteria: 1. For tenants,residents,or occupants who are married to each other,either spouse shall be 55 years of age or older. 2. For individuals who are not married, each individual shall be 55 years of age or older. D. Income restriction.In addition to the age restrictions set forth in subsection C.1 and 2 of this section, any individual or married couple who wish to occupy or reside in the project shall have and maintain an annual income from all sources equal to or less than 80 percent of the median income for persons or families within the County of San Bernardino as currently defined by the U.S. Department of Housing and Urban Development. E. Qualifications.The Senior Housing Overlay Zone requires the presence of certain conditions before it can be applied for or attached to a specific parcel of land. In order to adequately and satisfactorily serve the target population that this zone has been created to serve, any proposed project site must demonstrate the following conditions and features: 1. Appropriate base zone. 2. Land uses in the immediate and surrounding area, current and projected, must be compatible with the living environment required by senior citizens and must be free of health, safety, or noise problems(e.g., area generally quiet). 3. Area infrastructure must be in place or constructed as part of the project and capable of serving the proposed project including: a. Streets; b. Sidewalks; and C. Traffic/pedestrian signals. 4. Proposed site topography must be fairly level and easily traversed by persons of limited mobility. 5. Proposed site must demonstrate proximity to commercial establishments, service providers, and other amenities including: a. Food shopping; b. Drugstores; C. Banks; d. Medical and dental facilities; e. Public transit(main or frequently served routes); and f. Open space/recreational facilities. F. Development incentives. In order to reduce development costs associated with the construction of housing oriented toward senior citizens of low and moderate income, the city is prepared to offer a developer some or all of the following incentives,depending upon the quality, size,nature, and scope of the project proposed. 1. Reduction in required on-site parking.The city will grant a reduction in required on-site parking down to a minimum ratio of 0.7 non-covered parking spaces per unit. 2. Dwelling unit density bonus. In order to maximize net yield per acre, the city will consider increasing the allowable project density by either granting a 25 percent density bonus to the project site's existing density category(per Government Code §65915),or by granting a request for a change in density range (per the city's general plan),or both depending on the quality,size, nature, and scope of the project. 3. Fee waivers/reductions. Projects submitted under the Senior Housing Overlay Zone may receive, depending upon their size,nature, and scope, a reduction or waiver of some or all city- imposed development submittal and processing fees. Such reductions of waivers may affect the following fee schedules: a. Development review; b. Park fees; C. School fees (when applicable); and d. Other fees (where applicable). 4. Fee reductions or waivers are subject to negotiation between the city and the project developer and will be granted based upon that amount of reduction or waiver necessary to place per unit monthly rental costs in the range affordable to the target population. G. City/developer agreement. Development incentives granted by the city to a developer using the Senior Housing Overlay Zone are predicated upon the long-term availability and affordability of the units for the target population previously defined. In order to ensure that the units remain available and affordable to this group, the developer will be required to enter into a development agreement with the city per Government Code §§ 65864 through 65869.5. H. Administrative guidelines. The city shall establish a process and such administrative guidelines as it shall deem necessary in order to implement the provisions of the Senior Housing Overlay Zone. (Code 1980, § 17.38.010; Ord.No. 855, § 4, 2012). 17.38.020 Equestrian Overlay Zone. A. Purpose. The general purpose of the Equestrian Overlay Zone is to designate an area of the city to keep equine, bovine, and cleft-hoofed animals. In addition, the following outlines more specific purposes and intents of this zone: 1. This designation is intended to protect the ability to maintain such animals. 2. This zone is intended to promote a"rural/farm" character in an urban setting. 3. This zone recognizes and encourages the educational values derived from raising and maintaining such animals. 4. This zone recognizes the recreational value derived from raising and maintaining such animals. B. Zone boundaries. The boundaries for the Equestrian Overlay Zone are Banyan Street from the west city boundary to Milliken Avenue, south to CA 210 to Interstate 15 to the east, and along the entire northern boundary of the sphere of influence. C. Trails.All new developments within this zone shall be required to provide trails(community or local) in accordance with the adopted trails map of the general plan. These trails shall be provided in order to develop or connect discontinuous trails for needed access to recreational amenities such as the National Forest, equestrian facilities, regional parks and trails, and community and local trails. All trails shall be developed in accordance with the city-adopted trails implementation plan. In addition, development of any trails shall include provisions for continuous maintenance. (Code 1980, § 17.38.020; Ord.No. 855, § 4, 2012) 17.38.030 Hillside Overlay Zone. A. Purpose. The purpose of the Hillside Overlay Zone is to identify the geographical area of the city that is subject to the city's special hillside development standards. B. Applicability. The Hillside Overlay Zone is generally located north of Hillside Avenue, with variations,extending into the city's sphere of influence as well as along with the area around Red Hill and Beryl Hill as depicted on the zoning map.Additionally,the Hillside Overlay Zone applies to other areas of the city indicated on the zoning map by the reference letter"H" after the reference letter(s) identifying the base zone. C. Development standards.Properties designated Hillside Overlay Zone shall comply with the city's hillside development regulations outlined in chapter 17.52(Hillside Development). (Code 1980, § 17.38.030; Ord.No. 855, § 4, 2012) 17.38.050 Agriculture Overlay. A. Purpose.The Agricultural Overlay is intended to guide development within the overlays by providing standards that apply to proposed development in addition to the standards and regulations of the primary land use zoning district, where important community, site, environmental, safety, compatibility, or design issues require particular attention in project planning. B. Applicability. Only those properties which have historically housed agricultural production associated with the agricultural heritage of the City may be eligible for the Agricultural Overlay.Any proposal for new agricultural uses proposed on property which had not previously been utilized for agricultural purposes shall be reviewed pursuant to Development Code Section 17.32.030 (Agricultural uses permitted or permitted with a minor use permit). C. Allowed land uses. Any land use normally allowed in the primary land use zoning district may be allowed within the overlay, subject to additional requirements of the overlay. In addition, the following land uses may be permitted within the Agricultural Overlay: 1. Farms for orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. 2. Farm stands, agricultural product processing and educational experiences (i.e. cooking classes). 3. Tasting rooms and wineries. 4. Single dwellings only for the use of an owner or manager of land within the parcel(s) subject to the Overlay, or a person employed on the land but not exceeding three dwelling units for each parcel of not less than ten acres. D. Permit requirements, and public hearing and public notice required. An application for an Agricultural Overlay shall be filed with the planning department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. Approval of the Agricultural Overlay shall be the responsibility of the City Council, upon recommendation of the Planning Commission and the process for review shall be the same as a zoning map amendment pursuant to Development Code Section 17.22.040.Public hearings and public notice shall be required in accordance with Development Code Section 17.14.050. E. Development standards. Operations with the Agricultural Overlay shall not be injurious to the health,safety,or welfare of the public and surrounding neighborhood because of the noise,odor,dust, smoke,vibration, danger to life and property, or other similar causes. The Agricultural Overlay shall be applied where it will serve to protect and enhance an area where surrounding uses may include sensitive receptors, such as residential neighborhood or lower intensity commercial or non-residential uses. In order to ensure compatible uses and minimal impact to surrounding neighborhoods, the following standards shall be enforced: 1. Parking:A sufficient number of parking spaces shall be provided to accommodate onsite parking and minimize the need for off-site parking. 2. Noise: When adjacent to a residential land use, school, church or similar type of use, the noise generating activity does not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standards of 65 dBA when measured at the adjacent property line. 3. Odor: Sources of odorous emissions, particular matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the State Health and Safety Code. 4. Dust: Dust mitigation, as it may negatively impact surrounding land uses, shall be managed to the extent feasible. All parking areas shall be layered with dust-mitigating materials such as decomposed granite or gravel. All other unimproved areas not utilized for landscaping, recreational,parking,hardscape surfaces,buildings and agricultural purposes shall be improved with dust-mitigating ground cover, including but not limited to decomposed granite, gravel or similar material with the intent of meeting air quality best management practices. 5. Pesticides: The application of pesticides shall be conducted consistent with all common best management practices and legal requirements pursuant to local, state and federal law. Aerial application and any application method which results in pesticide drift of pesticides shall be restricted. 6. Standards for Farm Stands: a. Size: The floor are of the structure,portion of any structure and/or any outdoor display area shall be limited to a total of 500 square feet. b. Use: Retail sales of agricultural product produced onsite. C. Location and Setbacks: The driveway and access shall conform with current City standards for construction and site distance, except that material for the driveway and parking areas related to such structures may be comprised of decomposed granite or gravel. Farm stands shall be located a minimum of 50 feet from all property lines. F. Transfer of Development Rights: Upon approval of an Agricultural Overlay, subject property owners are eligible to participate in the Transfer of Development Rights (TDR) program, which is designed to help regulate and preserve legacy agricultural uses by incentivizing property owners within the Agricultural Overlay to sever the development rights and transfer them to potential builders on other property within the City. G. Williamson Act: Property owners of parcels larger than 10 acres may qualify to apply for a Williamson Act contract for the purposes of the preservation of agricultural lands in exchange for a reduction in property tax assessments pursuant to state law. 17.38.060 The Resort. A. Table 17.38.060-1 (Allowed Land Uses and Permit Requirements by Placetype)provides the permit requirements for land uses by Placetype. Land use classifications/categories and descriptions are per the City's Development Code unless otherwise defined in this section. B. Uses not specifically listed.Uses not specifically listed as permitted or conditionally permitted,but deemed by the Planning Director to be similar to a listed permitted or conditionally permitted use, may be allowed subject to a use determination made by the Planning Director. C. Shopkeeper and live/work units In order to encourage businesses that create new jobs while ensuring compatibility with residential units, the following requirements have been established. 1. Shopkeeper units. Shopkeeper units are units that include both residential(R-2 occupancy) and non-residential (B-occupancy) mixed occupancy types as defined by the California Building Code. Shopkeeper allows individual occupancy of the non-residential space with separate entries from residence. The non-residential portion of the unit may be leased separately from the residential portion of the unit. 2. Live/work units. Live/Work homes provide non-residence space within the home and are defined by the California Building Code and shall be consistent with the City's Development Code `Live- Work Facility' allowed use description. TABLE 17.38.060-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY PLACETYPE Key P=Permitted C= Conditional Use Permit N=Not Permitted LWC=Live/Work with a Conditional Use Permit* Placetype VN CL UN T MU Rec MU Overlay* Residential Uses Accessory Dwelling Unit Adult day care home P P P P P P P Caretaker housing C C C C C C C Dwelling,multi-family P P P P P P P Dwelling,second unit0) N N N N N N N Dwelling,single-family P P N N N N N Dwelling,two-family P P P P P P P Emergency shelter N N N N N N N Family day care home,lar eO 1) C C C C C C C Family day care home,small P P P P P P P Guest house N N N N N N N Group residential C C C C C C C Home occupation(') P P P P P P P Live-work facility C C C N P P P Shopkeeper(*) P P P N P P P Manufactured home(3) N N N N N N N Mobile home ark(3) N N N N N N N Residential care facility C C C C C C C Residential care home P P P N N N N Single-room occupancy facility P P P P P P P Transitional housing P P P P P P P Agriculture and Animal-Related Uses Agricultural uses N N N N N N N Animal keeping,domesticpets(4) P P P P P P P Animal keeping,exotic animals(') C C C C C C C Animal keeping,insects(') N N N N N N N Animal keeping,livestock animals(') N N N N N N N Animal keeping, poultry(4) N N N N N N N Equestrian facility,commercial N N N N N N N Equestrian facility,hobby N N N N N N N Recreation,Resource Preservation,Open Space,Education,and Public Assembly Uses Assembly use C C C C C C C Cemetery/mausoleum N N N N N N N Community center/civic use C C C C C P C Placetype VN CL UN T MU Rec MU Overlay* Community garden C C C N N N N Convention center N N N N N N N Golf course/clubhouse N N N N N N N Indoor amusement/entertainment facility N N N C C C C Indoor fitness andsports facility-large N N N C C P C Indoor fitness andsports facility-small N N N P P P P Library and museum C C C P P P P Outdoor commercial recreation N N N C C C C Park and public plaza P P P P P P P Public safety facility C C C C C P C Resource-related recreation P P P P P P P School,academic(private) C C C C C C C School,academic(public) P P P P P P P School,college/university(private) N N N N P N P School,college/university(public) N N N N P N P Schools,specialized education and training/studio N N N C C C C Theaters and auditoriums N N N C C C C Tutoring center-large(") N N N C C C C Tutoring center-small N N N P P P P Utility,Transportation,Public Facihty,and Communication Uses Broadcasting and recording studios N N N N N N N Park and ride facility N N N P N N N Parking facility N N N P P P P Transit facility N N N P N N N Utility facility and infrastructure-fixed based structures(') N N N N N N N Utility facility and infrastructure-pipelines(') P P P P P P P Wind energy system-small(10) N N N N N N N Retail,Service,and Office Uses Adult day care facility N N N C C C C Adult-oriented business(6) N N N N N N N Alcoholic beverage sales N N N C C C C Ambulance service N N N N N N N Animal sales and grooming N N N P P P P Art,antique,collectable shop(13) LWC LWC LWC P P P P Artisan sho (13) LWC LWC LWC P P P P Bail bonds N N N N N N N Banks and financial services N N N C C C C Bar/nightclub N N N C C C C Bed and breakfast inn N N N N N N N Building materials store and yard N N N N N N N Business support services N N N P P P P Call center N N N N N N N Card room N N N N N N N Placetype VN CL UN T MU Rec MU Overlay* Check cashing business(') N N N P P P P Child day care facility/center N N N C C C C Consignment store N N N C C C C Convenience store N N N P P P P Crematory services(') N N N N N N N Drive-in and drive-though sales and service(') N N N N N N N Equipment sales and rental N N N N N N N Feed and tack store N N N N N N N Furniture,furnishing,and ap fiance store(i') N N N C P N P Garden center/plant nurse (14) C C C C C C C Grocery store/su ermarket(i') N N N P P P P Gun sales N N N N N N N Hookah shop N N N C C C C Home improvement supply store(i') N N N C C N C Hotel and motel(is) N N N C C C C Internet cafe N N N P P P P Kennel,commercial N N N N N N N Liquor store N N N C C C C Maintenance and repair,small equipment N N N P P P P Massage establishment N N N C C C C Medical marijuana dispensary N N N N N N N Medical services,extended care C C C C C C C Medical services,general N N N P P P P Medical services,hospitals N N N N N N N Mobile hot food truck N N N N N N N Mortuary/funeral home N N N N N N N Office,business andprofessional(") LWC LWC LWC P P P P Office,accessory N N N P P P P Pawnshop(7) N N N N N N N Personal services N N N P P P P Restaurant,no liquor service N N N P P P P Restaurant,beer and wine N N N P P P P Restaurant,full liquor service N N N C C C C Retail,accessory N N N P P P P Retail,general LWC LWC LWC P P P P Retail,warehouse club N N N N N N N Secondhand dealer N N N P P P P Shooting range N N N N N N N Smoke shop(7) N N N N N N N Specialty food store(") N N N P P P P Tattoo shop(7) N N N N C N C Thrift store(7) N N N N N N N Veterinary facility N N I N I C C C C Placetype VN CL UN T I MU Rec MU Overlay* Automobile and Vehicle Uses Auto vehicle dismantling N N N N N N N Auto and vehicle sales and rental N N N N N N N Auto and vehicle sales,auto broker N N N N N N N Auto and vehicle sales,wholesale N N N N N N N Auto and vehicle storage N N N N N N N Auto parts sales N N N N N N N Car washing and detailing N N N N N N N Recreational vehicle storage N N N N N N N Service stations N N N N N N N Vehicle services,major N N N N N N N Vehicle services,minor N N N N N N N Industrial,Manufacturing,and Processing Uses Fuel storage and distribution N N N N N N N Manufacturing,custom small-scale LWC LWC LWC P P N P Manufacturing,heavy N N N N N N N Manufacturing,heavy-minimum impact N N N N N N N Manufacturing,light N N N N N N N Manufacturing,medium(') N N N N N N N Microbrewery LWC LWC LWC P P N P Printing and publishing N N N P P P P Recycling facility,collection N N N N N N N Recycling facility,processing N N N N N N N Recycling facility,scrap and dismantling facility N N N N N N N Research and development N N N N N N N Storage,personal storage facility N N N N N N N Storage warehouse N N N N N N N Storage yard N N N N N N N Wholesale,storage,and distribution-heavy N N N N N N N Wholesale,storage,and distribution-light N N N N N N N Wholesale,storage,and distribution-medium(9)(12) N N N N N N N Placetype VN I CL I UN I T I MU I Rec MU Overlay* Table notes: (*)Uses Permitted in the MU-Overlay Zone override the underlying Placetype where there is a conflict (**)Leasing and New Homes Sales Centers (***)Shopkeeper units are those that include both residential(R-2 occupancy)and non-residential(B-occupancy)mixed occupancy types as defined by the California Building Code.The non-residential portion of the unit may be leased separately from the residential portion of the unit. (1) See additional accessory dwelling unit regulations in Chapter 17.100. (2) See additional home occupation regulations in Chapter 17.92. (3) See additional mobile home regulations in Chapter 17.96. (4) See additional animal keeping in Chapter 17.88. (5) Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a CUP. (6) See additional adult entertainment businesses in Chapter 17.86.Adult-oriented businesses are not permitted west of Haven Avenue. (7) See additional regulations for special regulated uses in the Chapter 17.102. (8) See additional regulations for drive-In and drive-through facilities in Chapter 17.90. (9) Not permitted within 300 feet of residentially zoned property. (10) See additional regulations for wind energy systems in alternative energy systems and facilities in Chapter 17.76. (11) Family Day Care Home—Large requires approval of A Large Family Day Care Permit,not a Conditional Use Permit. (12)"Wholesale,Storage,and Distribution—Medium"is not permitted on any parcel that is located within,or partly within,five hundred(500)feet of the Foothill Boulevard right-of-way. (13)Permitted in Industrial Park and General Industrial zones when proposed in conjunction with"Commercial(Repurposing)— Industrial". (14)Maximum square footage for a single user shall not exceed 10,000 square feet. (15)The maximum number or rooms for hotels/motels is 200 rooms. 17.38.070 Etiwanda Heights Neighborhood and Conservation Plan. The Etiwanda Heights Neighborhood and Specific Plan is broken into a Neighborhood Area and a Rural/Conservation Area with regulating zones and sub-zones governing development within each area. The allowed land uses and corresponding permit requirements within each regulating zone and sub-zone are identified in Table 17.38.070-1 ("Allowed Uses")below.Unless otherwise noted, definitions of each use are found in chapter 17.32. If a word or phrase used in this section is not defined in chapter 17.32 or the specific plan's glossary,the planning director shall make a determination on its meaning, giving deference to common usage.Notwithstanding any other provision of this code,in the event of any conflict between this section and the specific plan, the development code shall prevail. TABLE 17.38.070-1 ALLOWED USES ALLOWED LAND USES AND PERMIT REQUIREMENTS FOR THE ETIWANDA HEIGHTS NEIGHBORHOOD AND CONSERVATION PLAN Key P Permitted PU Permitted upstairs C Requires Conditional Use Permit(CUP) F Permitted on the ground floor of an Attached Flex Building Type (see chapter 5.4.12) N Not permitted Nei hborhood Area NA Rural/Conservation Area(RCA)(') R-FC/ Regulating Zones/Sub-zones SR NG-2 NGl NE R-OS R-H UC R-C Residential Uses Adult Day Care Home N P P P N P N N Caretaker Housing N C C C P C P N Dwelling,Multi-Family(2) N N N N N N N N Dwelling,Single-Family(2) N P P P P P N3 N Dwelling,Single-Family Attached(2) P P N N N N N N Emergency Shelter N N N N N N N N Family Day Care Home,Large N C C C N N N N Family Day Care Home,Small N P P P N N N N Guest House N N P P N N N N Group Residential N C C C N C N N Home Occupations N P P P P P N N Live-Work Facility P P N N N N N N Manufactured Home N N N N N N N N Mobile Home Park N N N N N N N N Residential Care Facility C C C N N N N N Residential Care Home P P P P N P N N Single-Room Occupancy Facility N N N N N N N N Transitional Housing P P P P N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N P C C C N Animal Keeping,Domestic Pets(6) P P P P P P P N Animal Keeping,Exotic Animals(6) N N C C N C N N Animal Keeping,Insects(6) N N N P P P P N Animal Keeping,Livestock(6) N N N P C C C N Animal Keeping,poultry(6) N N N P C C C N Equestrian Facility,Commercial N N N N N N N N Equestrian Facility,Hobby N N P P(7) P P N N Recreation,Resource Preservation,Open Space,Education,and Public Assembly Uses Assembly Use I C I N I N I N I C C N N Nei hborhood Area NA Rural/Conservation Area CA (n R-FC/ Regulating Zones/Sub-zones SR NG-2 NGl NE R-OS R-H UC R-C Cemetery/Mausoleum N N N N N N N N Community Center/Civic Use C N N N N N N N Community Garden P P P N N N N N Convention Center N N N N N N N N Golf Course/Clubhouse N N N N N N N N Indoor Amusement/Entertainment N N N N N N N N Facility Indoor Fitness and Sports Facility- N N N N N N N N Large Indoor Fitness and Sports Facility- P N N N N N N N Small Library and Museum P N N N C N N N Outdoor Commercial Recreation N N N N N N N N Park and Public Plaza P N N N N N N N Public Safety Facility P N N N P P N N Resource-Related Recreation P P P P C C N N School,Academic Private C C C C N N N N School,Academic Public P P P P N N N N School,College/University Private N N N N N N N N School,College/University Public N N N N N N N N Schools,Specialized Education and P N N N N N N N Training/Studio Theaters and Auditoriums C N N N N N N N Tutoring Center-Large N N N N N N N N Tutoring Center-Small P F N N N N N N Utilitv,Transportation,Public Facili ,and Communication Uses Broadcasting and Recording Studios N N N N N N N N Park and Ride Facility N N N N N N N N Parking Facility N N N N N N C N Transit Facility N N N N N N N N Utility Facility and Infrastructure- N N N N N N C N Fixed Based Structures Utility Facility and Infrastructure- N N N N N N C N Pipelines Wind Energy System—Small N N N N N N N N Retail,Service,and Office Uses Adult Day Care Facility N N N N N N N N Adult-Oriented Business N N N N N N N N Alcoholic Beverage Sales C N N N N N N N Ambulance Service N N N N N N N N Nei hborhood Area NA Rural/Conservation Area CA (n R-FC/ Regulating Zones/Sub-zones SR NG-2 NGl NE R-OS R-H UC R-C Animal Sales and Grooming P N N N N N N N Bail Bonds N N N N N N N N Banks and Financial Services P N N N N N N N Bar/Nightclub N N N N N N N N Bed and Breakfast Inn C C N N N N N N Building Materials Store and Yard N N N N N N N N Business Support Services P N N N N N N N Call Center N N N N N N N N Check Cashing Business N N N N N N N N Child Day Care Facility/Center C N N N N N N N Commercial Cannabis Activity N N N N N N N N Consignment Store P N N N N N N N Convenience Store N N N N N N N N Crematory Services N N N N N N N N Drive-In and Drive-Through Sales N N N N N N N N and Service Equipment Sales and Rental N N N N N N N N Feed and Tack Store N N N N N N N N Garden Center/Plant Nursery N N N N C N C N Grocery Store/Supermarket C(B) N N N N N N N Gun Sales N N N N N N N N Hookah Shop N N N N N N N N Home Improvement Supply Store P(9) N N N N N N N Hotel and Motel N N N N N N N N Kennel,Commercial N N N N N N N N Liquor Store N N N N N N N N Maintenance and Repair,Small P N N N N N N N Equipment Massage Establishment N N N N N N N N Massage Establishment,Ancillary N N N N N N N N Medical Services,Extended Care N N N N N N N N Medical Services,General PU N N N N N N N Medical Services,Hospitals N N N N N N N N Mobile Hot Food Truck P N N N N N N N Mortuary/Funeral Home N N N N N N N N Office,Business and Professional PU F N N N N N N Office,Accessory PU F N N N N N N Pawnshop N N N N N N N N Personal Services P F N N N N N N Restaurant,No Liquor Service P F/C N N N N N N Nei hborhood Area NA Rural/Conservation Area CA (n R-FC/ Regulating Zones/Sub-zones SR NG-2 NGl NE R-OS R-H UC R-C Restaurant,Beer and Wine P F/C N N N N N N Restaurant,Full Liquor Service C N N N N N N N Retail,Accessory P F/C N N N N N N Retail,General P(9) F/C N N N N N N Retail,Warehouse Club N N N N N N N N Secondhand Dealer N N N N N N N N Shooting Range N N N N N N N N Smoke Shop N N N N N N N N Specialty Food Store P F/C N N N N N N Tattoo Shop N N N N N N N N Thrift Store N N N N N N N N Veterinary Facility C N N N N N N N Automobile and Vehicle Uses Auto Vehicle Dismantling N N N N N N N N Auto and Vehicle Sales and Rental N N N N N N N N Auto and Vehicle Sales Auto broker N N N N N N N N Auto and Vehicle Storage N N N N N N N N Auto Parts Sales N N N N N N N N Car Washing and Detailing N N N N N N N N Recreational Vehicle Storage N N N N N N N N Service Stations N N N N N N N N Vehicle Services,Major N N N N N N N N Vehicle Services,Minor N N N N N N N N Industrial,Manufacturing,and Processing Uses Commercial N N N N N N N N (Secondary/Accessory)-Industrial Commercial(Repurposing)- N N N N N N N N Industrial Fuel Storage and Distribution N N N N N N N N Manufacturing,Custom N N N N N N N N Manufacturing,Heavy N N N N N N N N Manufacturing,Heavy-Minimum N N N N N N N N Impact Manufacturing,Light N N N N N N N N Manufacturing,Medium N N N N N N N N Microbrewery N N N N N N N N Printing and Publishing N N N N N N N N Recycling Facility,Collection N N N N N N N N Recycling Facility,Processing N N N N N N N N Nei hborhood Area NA Rural/Conservation Area CA (n R-FC/ Regulating Zones/Sub-zones SR NG-2 NGl NE R-OS R-H UC R-C Recycling Facility,Scrap and N N N N N N N N Dismantling Facility Research and Development N N N N N N N N Storage,Personal Storage Facility N N N N N N N N Storage Warehouse N N N N N N N N Storage Yard N N N N N N N N Wholesale,Storage,and N N N N N N N N Distribution-Heavy Wholesale,Storage,and N N N N N N N N Distribution-Light Wholesale,Storage,and N N N N N N N N Distribution-Medium Table Notes (1) Aggregate resource extraction may be permitted,subject to the issuance of a Conditional Use Permit,within the RCA only in the Deer Creek Alluvial Fan and Day Creek Alluvial Fan(Sectors D-1 and D-16 as shown in Figure RC-2 in the Resource Conservation Element of the General Plan). (2) Use defined in the glossary of the specific plan(Appendix 3). (3) Any property that is located within the R-FC/UC sub-zone area and is privately owned on the date on which the specific plan becomes effective shall be allowed to construct 1 dwelling unit for each 10 acres of land,and any development rights can be transferred pursuant to the Transfer of Development Rights program described in chapter 7.4 of the specific plan. (4) Reserved (5) See additional regulations for home occupations in chapter 17.92. (6) See additional regulations for animal keeping in chapter 17.88. (7) One equine is permitted per 10,000 square feet of lot area.See chapter 5.4.2.J of the specific plan. (8) Limited to 30,000 square feet. (9) Limited to 5,000 square feet. (Ord.No. 958, § 3, 2019) 17.38.080 Large Warehouse Overlay Lone A. Purpose. The purpose of the Large Warehouse Overlay Zone is to ensure that large industrial buildings of 450,000 square feet or more are located in areas of the City with adequatepublic services and infrastructure and away from sensitive receptors who may be impacted by airpollutant emissions, noise, and other impacts generated by the predominant uses in such buildings. B. Applicability. Industrial buildings with gross floor space of 450,000 square feet or more that are developed after the effective date of the ordinance that codified this section shall be located within the Large Warehouse Overlay Zone. The Large Warehouse Overlay Zone applies to property designated on the zoning map by reference letters "LW" after the reference letter(s) identifying the base zone. C. Allowed uses. Permitted uses within the Large Warehouse Overlay Zone are those permitted and conditionally permitted uses within the underlying zone. D. Development standards.Development in the Large Warehouse Overlay Zone shall comply with the zoning regulations applicable to the underlying zone and any master plan applicable to the subject property. A master plan adopted pursuant to chapter 17.22.020 may also be required for the development of an industrial building located within the Large Warehouse Overlay Zone, unless amended by the city council as part of the establishment of theoverlay zone. 17.38.090 Camino Predera Overlay Zoning District A. Purpose. The purpose of the Camino Predera Overlay Zoning District is to identify the geographical area of developed and undeveloped properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court that is subject to the City's optional development standards. B. Applicability. The Camino Predera Overlay Zoning District is generally located north of Foothill Boulevard/Pacific Electric (PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone as depicted on the zoning map. The Camino Predera Overlay Zoning District applies to areas of the City indicated on the zoning map by the reference letter"CP"after the reference letter(s)identifying the base zoning district. C. Development standards. Properties designated Camino Predera Overlay Zoning District shall comply with the City's hillside development regulations outlined in Chapter 17.52 (Hillside Development) except as noted in this chapter. D. Standards Optional Standards Maximum Minimum Building Height -South side of Camino Predera 14 feet' None -North side of Camino Predera 25 feet None Building Setbacks -Front None 37±5 feet -Rear None 20 feet -Side None 5110 feet Excavation/Fill 8 feet None Wall Height -Screen(Freestanding) 6 feet None -Retaining 8 feet None 1 —As measured from the curb at the street; D. Plan Check/Zoning Clearance.Applications for new residential construction for properties within the Camino Predera Overlay Zoning District utilizing the optional development standards are exempt from the Hillside Design Review process and shall only be subject to ministerial review per Section 17.16.030 (Plan Check/Zoning Clearance). ARTICLE E IV. SITE DEVELOPMENT PROVISIONS Chapter 17.42 ACCESSORY STRUCTURES 17.42.010 Purpose. This chapter establishes development standards for detached accessory structures. The purpose of this chapter is to protect the public health, safety, and welfare by maintaining safe distances between structures, establishing architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage,privacy, and maintenance of light and air space. (Code 1980, § 17.42.010; Ord.No. 855, § 4, 2012) 17.42.020 Applicability. The requirements contained in this chapter shall apply to accessory structures on private property and shall be in addition to any other development standards contained elsewhere within the zoning code. In the event of a conflict between the provisions of this chapter and any other provisions of this title, the stricter regulation shall control. This chapter regulates detached accessory structures that are larger than 120 square feet in size and/or taller than six feet in height. For the purposes of this title, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of chapter 17.100 (Accessory Dwelling Units) and are exempt from the requirements of this chapter. Accessory structures shall not contain indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and should not be designed for full time living or rental purposes. Guesthouses and pool houses that conform to the requirements of this chapter are permitted. (Code 1980, § 17.42.020; Ord.No. 855, § 4, 2012; Ord.No. 938 § 9, 2018) 17.42.030 Permit requirements and exemptions. A. Permit requirements. Except as otherwise exempt in section 17.42.030.0 (Exemptions), accessory structures located in single-family and multi-family zones require plan check as described in section 17.16.030 (Plan Check/Zoning Clearance). When located in multi-family, mixed-use, and nonresidential zones, non-exempt accessory structures require minor design review as described in section 17.16.130 (Planning Director Decisions). B. Streetscape setbacks. Along arterial roadways and boulevards a 35 and 45 foot setback is required, respectively.These setbacks shall apply to all structures that require abuilding permit except as noted below. C. Exempt structures. The following accessory structures are exempt from planning entitlements provided they comply with listed requirements. Exempt accessory structures may require building permits in keeping with the California Building Code adopted by the city and placed in accordance with Table 17.42.040-1 (Development Standards for Accessory Structures). I. All accessory structures that are less than 120 square feet in size with no portion of the structure equal to or greater than six feet in height. 2. Water features.A detached structure typically used for decorative or landscape design purposes such as a fountain,water wall,bird bath and similar features that are less than 120 square feet in size with no portion of the feature equal to or greater than six feet in height. 3. Play equipment.Structures and surfaces used for recreational purposes including play structures, tree houses,jungle gyms, and non-illuminated sports courts such as tennis and basketball courts. 4. Deck/patio. A detached porch or platform that is generally constructed with wood, concrete or stone that is above the grade or located over a basement or story below. 5. Pool✓spa.Any structure intended for swimming or recreational bathing. Swimming pool includes in-ground and above-ground structures and includes,but is not limited to,hot tubs,spas,portable spas, and non-portable wading pools. 6. Pool accessories. Any structure for entertainment or relaxation value,including but not limited to diving boards, slides, and grottos. 7. Outdoor entertaining features. Structures used for entertainment and outdoor cooking such as built-in barbecues and fire pits. 8. Temporary,portable shade structures. Shelters used for the storage of vehicles, recreational vehicles,trailers,boats, self-propelled equipment and bulky items designed to be portable and/or collapsible constructed of canvas, vinyl, aluminum, wood, or similar materials. (Code 1980, § 17.42.030; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013) 17.42.040 Development standards. A. The development standards listed in Table 17.42.040-1 (Development Standards for Accessory Structures) are intended to supplement the requirements in the applicable zone for types of accessory structures as defined in article IX(Glossary)of this title.Figure 17.42.040-1 shows minimum setback measurements for a typical detached accessory structure. In the event of a conflict between these requirements and the underlying zone regulations, the requirements of this section shall apply. The following requirements shall apply to all accessory structures, both exempt and nonexempt under section 17.42.030 (Permit Requirements and Exemptions). B. Setback measurement.Minimum setback distances for accessory structures from property lines and between all structures shall include all portions of the structure(s). See Figure 17.42.040-1 (Setback Measurements for Accessory Structures). C. Construction phasing. Accessory structures may be constructed in conjunction with or subsequent to (but not in advance of) construction of the primary building(s) on the site. D. Building coverage. Accessory structures shall not occupy more than 30 percent of the rear yard setback area. Solid roof accessory structures are further subject to the lot coverage requirements of the zone in which it is located. E. Guesthouses. Guesthouses shall no contain more than two bedrooms and have a maximum size of 640 square feet. FIGURE 17.42.040-1 SETBACK MEASUREMENTS FOR ACCESSORY STRUCTURES k rnaram Nwd1wly Lurupv PiYmhN k Pmrmya-mt Lim Frnnwum IproIPwly k om u aN�P,RJA Ni m w, , N re iar!f G�uew.,d ,,,,,,,,, , P rn n d NbaTwA ys , Prnwnsv " 1 P"i nuury nr n " � pk�woP��Ornv I a d PPiuuollrGnarn� aka � riaaVmkurra� o � J .,,,,,,,.... � �1�f ,,,,,,,,,,,,,E�� ._ �� 1. .... � �✓a. q, A �,w trout a,O& Pow lnw d Its, P ar P"saga out Urle R 6urorwity Unp,",. Pew s P'wu rmmray r ne W�ki A*af Structure Sxi:04 xr � I,,rv°,tmmbe Open 4 waui *ucwre Mamma~rmu m61'*11 Front Prani;ws mF paw P irawam+r N mrtxr^rm t a vn w �.o. raPos.k ialllbwoA r 1 y m r+r u � Vauknuary ; ''" l s parna y I"', na% "4 � PkfranPa,Panr� � ° ITn� a y t'ry 4&anfV�u'dnaw,i � ���4 �u ba krrur'�Nofd,ILx ' d arwmsuayu PW,ow P fngwrm m i Line Real 11kalwa y Une ma uP,w t°*miurmm anrmmmrts,� lk ,u TABLE 17.42.040-1 DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES Maximum Rear Accessory Structure Minimum Setback Distance from Property Line or Maximum Yard Lot (Type) Other Structures Height Coverage��� Front Rear Side Street Side Primary Yard Building Detached Solid Roof Not Not 30%required i i (i�) 5 ft��� 5 ft(�)(3)(4) (ll(�) 16 ft Structures permitted permitted yard area(8 Other Structures"') Open roof structure Not permitted 5 ft 5 ft(3) Not permitted (1)(2) n/a(6)(8) 16 ft Water features No minimum 3 ft 5 ft Not permitted No minimum n/a 16 ft Pools/spas Not permitted 5 ft(7) 5 ft(7) 5ft(7) No minimum n/a 5 ft Pool accessories Not permitted 5 ft 5 ft Not permitted No minimum n/a 8 ft Play equipment Not permitted 1 5 ft 5 ft Not permitted I No minimum I n/a n/a Maximum Rear Accessory Structure Minimum Setback Distance from Property Line or Maximum Yard Lot (Type) Other Structures Height Coverage(1) d 30%require Deck/patio Not permitted 5 ft 5 ft Not permitted No minimum re n/a yard area d Outdoor Not entertainment Not permitted 5 ft 5 ft No minimum n/a n/a features permitted(9) Temporary,portable (1)(2) 30%required Not permitted 5 ft 5 ft Not permitted loft shade structures yard area Table notes: (1) No minimum setback required.Accessory buildings may be attached to and have a common wall with the main building or, when located as required by this chapter,may be connected to the main building by a breezeway. (2) Accessory buildings not exceeding six feet in height at the highest point may be built to the side and/or rear property line, provided that the accessory structure meets minimum building code requirements for distance between the accessory structure and the primary building. (3) The five-foot side yard setback requirement for solid and open roof structures applies when the structure is located within the rear yard setback area.Otherwise,the same side yard setbacks as the primary structure apply(see Figure 17.42.040-2). 0) For reverse corner lots,the street side yard setback shall be the same as the front yard setback for the adjacent key lot. (5) Accessory structures with solid roofs that are less than six feet tall and 120 square feet in area can be located in the street side yard. (6) Trellis-type and open-roof structures are exempt from lot coverage calculations. (7) Measurement from water's edge.Related equipment shall be set back a minimum of five feet from all side and rear property lines. (8) Accessory structure shall not exceed the overall lot coverage limitation for the property(see chapter 17.36). 9) If less than six feet in height,no minimum setback is required.If taller than six feet,not allowed in street side yard area. Decks over three feet in height shall be counted toward lot coverage. 01) Structures shall not be located closer to the street than the main residence. (12). Not permitted within the front setback but permitted in front of the primary residence if outside of the front setback.When located in front of the primary residence outside the front setback,building shall not occupy more than 50%of the lot width. FIGURE 17.42.040-2 SPECIAL SETBACKS FOR ACCESSORY STRUCTURES IN REAR YARDS 11"reeorre�� ,d itre di addaetde Aw oo Ruddahk rre e at owtrrre 0 ..................... rr, throir��hew e 1� �� d��uV�trerreu°1 „„„. tr, ,P rre��t euei w Uh4ex,4!Arr uveeI re,etwed /'7] (Xa%#�e vt the Re err Neud'ienivr6,,tsee x3rre RequOprri ui el ,Ma r twrie'tieuret TMereredw�rre���G�we ta�u,�iew�rrt trer�w�:�ar'w, Sdlw WWI t"i1SrrlMrrwefUPKIar+t3Lrreua , .„ .a W4ha theR*&Varrei50t0w"t kpeArree lRox Pe eeete Une i1ewyrra3e1il W funeir�e S tudr V*d Se,db y. (Code 1980, § 17.42.040; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013; Ord.No. 867, 2014) Chapter 17.44 CONDOMINIUM CONVERSIONS 17.44.010 Purpose. The chapter provides development standards related to the conversions of apartments to community apartments, stock cooperatives and condominiums to ensure that apartments and like structures being converted will be in the best interest of the community. (Code 1980, § 17.44.010; Ord.No. 855, § 4, 2012) 17.44.020 Applicability. A. The regulations and development standards in this chapter apply when a tentative map for the purpose of conversion is submitted to the planning department with the addition of the information required by the Subdivision Map Act and title 16. B. Approval of a minor design review entitlement is required as part of any condominium conversion. C. If a property is subject to the requirements of an active development agreement (DA), and the requirements of the DA exceed the requirements within this section, the DA provisions apply. (Code 1980, § 17.44.020; Ord.No. 855, § 4, 2012) 17.44.030 Exemptions. In the event that any of the property development standards required for the conversion cause practical difficulties and are determined to be unnecessary or would result in excessive costs, the planning commission may waive,reduce, or modify the requirement. (Code 1980, § 17.44.030; Ord.No. 855, § 4, 2012) 17.44.040 Conversion limit. A. Annual limit. The city shall approve the conversion of no more than one-half the number of multi- family rental dwellings added to the city's housing stock (e.g., dwelling units completed and ready for occupancy)during the preceding year,in any one calendar year.The number of multi-family rental units added in one year shall be determined as follows: 1. From January 1 through December 31,the total number of multi-family rental units given a final building inspection and occupancy permit minus the number of such units demolished,removed from the city, or converted to nonresidential use. 2. If approval for a project expires prior to recordation of the final tract map for that project, the number of dwelling units provided in the expired project shall be added to the allocation in the calendar year of expiration. (Code 1980, § 17.44.040; Ord.No. 855, § 4, 2012) 17.44.050 Findings. A. The city shall make the following findings in addition to the findings otherwise required for a tentative tract map in order to approve a tentative tract map for the purpose of conversion: 1. The proposal is compatible with the objective, policies, elements, and program specified in the general plan and any applicable specified plan. 2. The design or improvement of the project is consistent with the general plan and applicable specified plans. 3. The proposal is consistent with the purposes of this chapter. 4. The proposal promotes the health, safety, and welfare of the residents of the city. (Code 1980, § 17.44.050; Ord.No. 855, § 4, 2012) 17.44.060 Property development standards. A. General requirements. The following requirements shall be included as conditions of approval of the tentative map: 1. Each dwelling unit shall conform to current noise and energy insulation standards required by the latest adopted California Building Code or other applicable law or regulation. 2. Each unit shall have installed smoke alarms or detectors and carbon monoxide detectors as required by the latest adopted edition of the California Building Code. 3. Each dwelling unit shall be separately metered for gas and electricity unless the city approves a plan for equitable sharing of communal metering. 4. Each unit shall be provided with separate water shut-off valves and an electrical main shut-off switch. 5. Each area for trash placement and pickup shall be adequately designated and all refuse shall be removed on a regularly scheduled basis from the premises. 6. Permanent mechanical equipment that the building official determines is a potential source of vibration or noise shall be shock-mounted or isolated or otherwise mounted in a manner approved by the building official to lessen the transmission of vibration and noise. 7. Illuminated addresses and, if found necessary by the planning commission, directory maps for all units shall be prominently displayed from appropriate public or private access within or adjacent to the project. 8. At least 125 cubic feet of enclosed, weatherproof, lockable storage space is to be provided for each unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either within or exterior to, but shall bear a reasonable locational relationship to each unit. 9. A laundry area shall be provided in each unit, or if common laundry areas are provided, such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof. 10. The applicant shall provide written certification to the buyer of each unit on the initial sale after conversion that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and air conditioners that are provided are in working condition as of the close of escrow. At such time as the homeowners association takes over management of the development, the applicant shall provide written certification to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in working condition. B. Notice of intent to convert. Evidence that a notice of intent to convert shall be delivered to each existing tenant's dwelling unit with content and form approved by the planning director and shall include a summary of tenant rights, as follows: 1. Tenant's right to purchase. 2. Tenant's right of notification to vacate. 3. Tenant's right of termination of lease. 4. Provision for special cases. 5. Provision of moving expenses. 6. Tenant's right to purchase.As provided in Government Code § 66427.l(b), any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at aprice no greater than the price offered to the general public.The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report or commencement of sales,whichever date is later. 7. Vacation of units.Each non-purchasing tenant not in default under the obligations of the rental agreement or lease under which he or she occupies his or her unit shall have not less than 120 days from the date of receipt of notification from the owner of his or her intent to convert or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate. (Code 1980, § 17.44.060; Ord.No. 855, § 4, 2012) Chapter 17.46 DENSITY BONUSES,INCENTIVES,AND CONCESSIONS 17.46.010 Purpose. The purpose of this chapter is to provide incentives for the production of housing for very low-income, lower-income,moderate-income, special needs, and senior households in the city and to establish procedures for carrying out the legislative requirements and complying with Government Code § 65915 et seq. In enacting this chapter,it is the intent of the city to facilitate the development of affordable housing by positively impacting the economic feasibility of providing lower-income housing and implementing the goals, objectives, and policies of the city's housing element. (Code 1980, § 17.46.010; Ord.No. 855, § 4, 2012) 17.46.020 Eligibility. A. The city shall grant one density bonus, with concessions or incentives, as specified in section 17.46.040 (Density Bonuses and Incentives and Concessions Allowed), when the applicant for the residential development seeks and agrees to construct a residential development, excluding any units permitted by the density bonus awarded pursuant to this chapter, that will contain at least one of the following: 1. Ten percent of the total units of a housing development for rental or sale to lower-income households, as defined in Health and Safety Code § 50079.5. 2. Five percent of the total units of a housing development for rental or sale to very low-income households, as defined in Health and Safety Code § 50105. 3. A senior citizen housing development, as defined in §§ 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to § 798.76 or 799.5 of the Civil Code. 4. Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Health and Safety Code § 50093,provided that all units in the development are offered to the public for purchase. 5. Ten percent of the total units of a housing development for transitional foster youth, as defined in § 66025.9 of the Education Code,disabled veterans,as defined in Government Code § 18451, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S. C. � 11301 et seq.). The units described in this subsection shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low-income units. 6. Twenty percent of the total units for lower income students in a student housing development that meets the requirements of Government Code § 65915(b)(1)(F). 7. One hundred percent of all units in the development, including total units and density bonus units,but exclusive of a manager's unit or units,are for lower-income households, as defined by Health and Safety Code § 50079.5, except that up to 20 percent of the units in the development, including total units and density bonus units,may be for moderate-income households,as defined in Health and Safety Code § 50053. B. The above units qualifying a development for a density bonus shall be referred to as "target units." The applicant shall specify which of the above paragraphs is the basis for the density bonus. (Code 1980, § 17.46.020; Ord.No. 855, § 4, 2012) 17.46.030 General requirements. The following general requirements apply to the application and determination of all incentives and bonuses: A. Rounding.All density calculations resulting in fractional units shall be rounded up to the next whole number. B. Relation to general plan,zoning.The granting of a density bonus,or a concession or incentive,shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. C. Density bonus excluded in calculation. The density bonus shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. D. Parking.Upon request by the applicant,the city shall not require that a housing development meeting the requirements of section 17.46.020 (Eligibility) provide a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the following or any parking requirements set forth in Government Code 6§ 5915: 1. Zero (studio) to one bedroom: One on-site parking space per unit. 2. Two to three bedrooms: One and one-half on-site parking spaces per unit. 3. Four or more bedrooms: 2.5 parking spaces per unit. 4. If the total of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking,but not through on-street parking. E. Waived or reduced development standards.The city shall not apply any development standard that would have the effect of physically precluding the construction of a housing development meeting the requirements of section 17.46.020 (Eligibility) at the densities or with the incentives or concessions permitted by this chapter, or as otherwise set forth in Government Code §65915. 1. An applicant may submit to the city a proposal for the waiver or reduction of development standards, when standards would have the effect of physically precluding the proposed development,and may request a meeting with the city.Nothing in this subsection,however,shall be interpreted to require the city to waive or reduce development standards i£ a. The waiver or reduction would have a specific adverse impact, as defined in paragraph(2) of subdivision (d)of Government Code § 65589.5 upon health and safety and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. This would have an adverse impact on any real property that is listed in the state register of historical resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. C. The waiver or reduction would be contrary to state or federal law. 2. A proposed waiver or reduction of development standards shall neither reduce nor increase the number of allowable incentives or concessions under section 17.46.040 (Density Bonuses and Incentives and Concessions Allowed). F. Multiple zones.If the site of a development proposal is located in two or more zones,the number of dwelling units permitted in the development is the sum of the dwelling units permitted in each of the zones based on the site acreage within each zone. The permitted number of dwelling units may be distributed within the development without regard to the zone boundaries. G. Affordable housing requirements. Required affordable housing units may be counted toward the affordable units required to qualify for a density bonus per section 17.46.020 (Eligibility). H. Land donation.Nothing in this chapter shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development. I. Agreement required. 1. Prior to the award of a density bonus and any related incentives or concessions, the applicant shall enter into an agreement with the city to ensure the continued affordability of all target units. 2. For all target units, the agreement shall specify the household income classification, number, location, size, and construction scheduling and shall require target units in a project and phases of a project to be constructed concurrently with the construction of non-target units. The agreement shall include such other provisions as necessary to establish compliance with the requirements of this chapter. J. Reports. The applicant shall submit financial or other reports along with the application for the project to establish compliance with this chapter. The city may retain a consultant to review any financial report(pro forma). The cost of the consultant shall be borne by the applicant; except if the applicant is a nonprofit organization, the cost of the consultant may be paid by the city upon prior approval of the city council. K. Consistency with state law. The provisions of this Chapter shall be interpreted to fulfill the requirements of Government Code § 65915. Government Code § 65915 is hereby incorporated by reference. Any changes to Government Code § 65915 shall be deemed to supersede and govern any conflicting provisions contained herein. (Code 1980, § 17.46.030; Ord.No. 855, § 4, 2012) 17.46.040 Density bonuses and incentives and concessions allowed. A. Density bonus. Except as otherwise set forth in Government Code § 65915 a housing development that satisfies the eligibility requirements in section 17.46.020 (Eligibility) of this chapter shall be entitled to the following density bonus: 1. For housing developments providing ten percent lower-income target units, the density bonus shall be calculated as follows: Percentage Low-Income Units Percentage Density Bonus 10 20 11 21.5 12 23 13 24.5 14 26 15 27.5 16 29 17 30.5 18 32 19 33.5 20 35 21 38.75 22 42.5 23 46.25 24 50 2. For housing developments providing five percent very low-income target units,the density bonus shall be calculated as follows: Percentage Very Low-Income Units Percentage Density Bonus 5 20 6 22.5 Percentage Very Low-Income Units Percentage Density Bonus 7 25 8 27.5 9 30 10 32.5 11 35 12 38.75 13 42.5 14 46.25 15 50 3. For senior citizen housing developments, the density bonus shall be 20 percent of the number of senior units. 4. For housing developments providing ten percent of the total units of a housing development for transitional foster youth, disabled veterans, or homeless persons, the density bonus shall be 20 percent of the number of target units. 5. For housing developments providing 20 percent of the total units for lower income students in a student housing development,the density bonus shall be 35 percent of the student housing units. 6. For housing developments providing 100 percent of all units in the development for lower income households and meeting the criteria of Subsection 17.46.020.A.7,the density bonus shall be 80-percent of the number of units for lower income households. a. If a 100 percent affordable housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density. 7. For housing developments where ten percent of the housing development are sold to persons and families of moderate income, the density bonus shall be calculated as follows: Percentage Moderate-Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 Percentage Moderate-Income Units Percentage Density Bonus 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 41 38.75 42 42.5 Percentage Moderate-Income Units Percentage Density Bonus 43 46.25 44 50 B. Number of incentives or concessions. In addition to the density bonus described in this section, an applicant may request specific incentives or concessions. Except as otherwise set forth in Government Code Section 65915, the applicant shall receive the following number of incentives or concessions. 1. One incentive or concession for projects that include at least ten percent of the total units for lower-income households, at least five percent for very low-income households, or at least ten percent for persons and families of moderate income in a housing development in which the units are for sale. 2. Two incentives or concessions for projects that include at least 17 percent of the total units for lower-income households, at least ten percent for very low-income households, or at least 20 percent for persons and families of moderate income in a housing development in which the units are for sale. 3. Three incentives or concessions for projects that include at least 24 percent of the total units for lower-income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a housing development in which the units are for sale. 4. Four incentives or concessions for projects that are 100 percent affordable, meeting the criteria of Subsection 17.46.020.A.7.If the project is located within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories,or 33 feet. 5. One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. a. C. Available incentives and concessions. 1. A reduction in the site development standards or a modification of this title's requirements or architectural design requirements that exceed the minimum building standards approved by the state building standards commission as provided in part 2.5 (commencing with § 18901) of division 13 of the Health and Safety Code, including but not limited to a reduction in setback and square footage requirements and in the ratio of vehicle parking spaces that would otherwise be required and that results in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs or rents. 2. Approval of form-based zone in conjunction with the housing development if the nonresidential land uses will reduce the cost of the housing development and the nonresidential land uses are compatible with the housing development and existing or planned development in the area in which the housing development will be located. 3. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, and actual cost reductions. 4. Priority processing of a housing development that qualifies for a density bonus based on income- restricted units. D. Additional density bonus and incentives and concessions for donation of land to the city. 1. When an applicant for a tentative subdivision map,parcel map,or other residential development approval donates land to the city and agrees to include a minimum of ten percent of the total units for very low-income households,the density bonus shall be calculated as follows: Percentage Very Low Income Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 2. The density bonus provided in this subsection shall be in addition to any other density bonus provided by this chapter up to a maximum combined density bonus of 35 percent. 3. The applicant shall be eligible for the increased density bonus described in this subsection if all of the following conditions are met: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map,parcel map, or residential development application. b. The developable acreage and zoning designation of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development. C. The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units,has the appropriate general plan designation,is appropriately zoned with appropriate development standards for development at the density described in paragraph(3) of subdivision(c) of Government Code § 65583.2, and is or will be served by adequate public facilities and infrastructure. d. The transferred land shall have all of the entitlements and approvals, other than building permits,necessary for the development of the very low-income housing units on the transferred land,not later than the date of approval of the final subdivision map,parcel map, or residential development application, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision(1) of Government Code § 65583.2 if the design is not reviewed by the city prior to the time of transfer. e. The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with the requirements of this chapter or Government Code § 65915(c)(1) and(2),which shall be recorded on the property at the time of the transfer. f. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to the developer. g. The transferred land shall be within the boundary of the proposed development or,if the city agrees,within one-quarter mile of the boundary of the proposed development. h. A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map,parcel map, or residential development application. 4. Nothing in this subsection shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development. E. Additional density bonus or incentives and concessions for development of child-care facility. 1. Housing developments meeting the requirements of section 17.46.020 (Eligibility)and including a child-care facility that will be located on the premises of, as part of, or adjacent to the housing development shall receive either of the following: a. An additional density bonus that is an amount of square footage of residential space that is equal to or greater than the amount of square footage in the child-care facility. b. An additional incentive or concession that contributes significantly to the economic feasibility of the construction of the child-care facility. 2. The city shall require the following as conditions of approving the housing development: a. The child-care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the target units are required to remain affordable,pursuant to subdivision (c) of Government Code § 65915. b. Of the children who attend the child-care facility,the children of very low-income households, lower-income households, or persons or families of moderate income shall equal a percentage that is equal to or greater than the percentage of target units that are required pursuant to section 17.46.020 (Eligibility). 3. Notwithstanding any other requirements of this section, the city shall not be required to provide a density bonus or concession for a child-care facility if it makes a written finding,based upon substantial evidence,that the community has adequate child-care facilities. F. Condominium conversion incentives for low-income housing development. 1. An applicant for approval to convert apartments to a condominium project may submit to the city a preliminary proposal pursuant to this subsection prior to the submittal of any formal requests for subdivision map approvals. The city shall, within 90 days of receipt of a written proposal, notify the applicant in writing of the manner in which it will comply with this subsection. 2. When an applicant for approval to convert apartments to a condominium project agrees to the following,the city shall grant either a density bonus of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion, or provide other incentives of equivalent financial value. a. Provide at least 33 percent of the total units of the proposed condominium project to persons and families of low or moderate income, or provide at least 15 percent of the total units of the proposed condominium project to lower-income households; and b. Agree to pay for the reasonably necessary administrative costs incurred by the city. 3. For purposes of this subsection, "other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the city might otherwise apply as conditions of conversion approval. 4. Nothing in this subsection shall be construed to require the city to approve a proposal to convert apartments to condominiums. 5. An applicant shall be ineligible for a density bonus or other incentives under this subsection if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentive was previously provided. (Code 1980, § 17.46.040; Ord.No. 855, § 4, 2012) 17.46.050 Location of density bonus units. The location of density bonus units within the housing development may be at the discretion of the developer. However, the target units shall be dispersed throughout the housing development and when feasible shall contain, on average, the same number of bedrooms as the non-target units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials, and quality finish. (Code 1980, § 17.46.050; Ord.No. 855, § 4, 2012) 17.46.060 Continued availability. A. If a housing development provides lower- or very low-income target units to qualify for a density bonus, the continued affordability of all lower- or very low-income units shall be maintained for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Except as set forth in subsection B, the rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code § 50053. B. For 100 percent affordable housing developments meeting the criteria of Subsection 17.46.020.A.7, rents for all units in the development,including both base density and density bonus units, shall be as follows: 1. The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code § 50053. 2. The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee. C. The for-sale units that qualified the applicant for the density bonus shall meet either of the following: a. The initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low-, low-, or moderate-income and that the units are offered at an affordable housing cost, as defined in Health and Safety Code §50052.5. The city shall enforce an equity sharing agreement,unless it is in conflict with the requirements of another public funding source or law. b. The unit is purchased by a a qualified nonprofit housing corporation pursuant to a recorded contract that meets the requirements set forth in Section 65915(C)(2)(11). C. The following apply to the equity sharing agreement: d. Upon resale, the seller of the unit shall retain the value of any improvements,the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation,which amount shall be used within five years for any of the purposes described in subdivision(e) of Health and Safety Code § 33334.2 that promote home ownership. e. For the purposes of this subsection,the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household,plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. f. For the purposes of this subsection,the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale. D. Where there is a direct financial contribution to a housing development pursuant to Government Code § 65915,the city shall assure continued availability for low- and moderate-income units for 30 years. (Code 1980, § 17.46.060; Ord.No. 855, § 4, 2012) 17.46.070 Process for approval or denial. A. Process for approval. The density bonus and incentive(s) and concession(s) request shall be considered in conjunction with any necessary development entitlements for the project. The designated approving authority for density bonuses, incentives, and concessions shall be the city council. In approving the density bonus and any related incentives or concessions, the city and the applicant shall enter into a density bonus agreement. B. Approval of density bonus required. The city shall grant the density bonus requested by the applicant provided it is consistent with the requirements of this chapter and state law. C. Approval of incentives or concessions required unless findings made. The city shall grant the incentive(s) and concession(s) requested by the applicant unless the city makes a written finding, based upon substantial evidence, of any of the following: 1. The incentive or concession is not required in order to provide for affordable housing costs as defined in Health and Safety Code §5052.5 or affordable rent for the target units. 2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision(d)of Government Code § 65589.5,upon public health and safety that is listed in the state register of historical resources and for which the city determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households. 3. The concession or incentive would be contrary to state or federal law. (Code 1980, § 17.46.070; Ord.No. 855, § 4, 2012) 17.46.080 Administrative fee. The city shall charge applicants an administrative fee to cover the city's cost to review all materials submitted in accordance with this chapter and for ongoing enforcement of this chapter. The amount of the administrative fee shall be established by city council resolution and updated as required. Fees will be charged for staff time and materials associated with: A. Review and approval of applications for the proposed development. B. Project marketing and lease-up. C. Long-term compliance of the applicant and successors-in-interest to the applicant,with respect to the affordable housing units. (Code 1980, § 17.46.080; Ord.No. 855, § 4, 2012) Chapter 17.48 FENCES,FALLS,AND SCREENING 17.48.010 Purpose. The purpose of this chapter to regulate the height and location of fences to provide light, air, and privacy without obstructing views or connectivity, to establish buffers between different land uses, and to safeguard against visual obstructions at the intersections of streets and/or driveways. (Code 1980, § 17.48.010; Ord.No. 855, § 4, 2012) 17.48.020 Permit requirements and exemptions. Unless otherwise exempt below, site development review [see section 17.16.100 (Site Development Review)] is required for new fences and walls. Fences and walls listed below are exempt from planning entitlements but may still require building permits. A. Retaining wails. Retaining walls less than 36 inches in height are exempt from the requirements of this chapter except for terraced walls as required in section 17.122.020 (Hillside Development). B. Residential fences and wails. Fences and walls located on residential property constructed in compliance with the requirements section 17.48.030 (Location and Height Requirements). C. Required fences and wails. The requirements of this chapter shall not apply to a fence or wall required by any law or regulation of the city (including temporary construction site fencing), county, state, or federal government, or any agency thereof. (Code 1980, § 17.48.020; Ord. No. 855, § 4, 2012) 17.48.030 location and height requirements. A. Height measurement. Fence and wall height shall be measured from the finish grade at the base of the fence or wall to the uppermost part of the fence or wall; except when there is a difference in the ground level between two adjoining parcels, the fence or wall shall be measured at the mid-point of the retaining wall height as measured on the side with the lowest finish grade. See Figure 17.48.030- 2 (Measurement of Fence and Wall Height on Parcels with Different Elevations). B. Garden/terrace wails.Adjacent walls are required to have a minimum separation of three feet. FIGURE 17.48.030-2 MEASUREMENT OF FENCE AND WALL HEIGHT ON PARCELS WITH DIFFERENT ELEVATIONS MieaSui e Hro'kng3' f r0n) wiir�U GUregkjhro,h(ws` (Code 1980, § 17.48.030; Ord.No. 855, § 4, 2012) 17.48.040 Materials and maintenance. A. Fencing,wail,and screen materials. Fences,walls, and screens shall be constructed of long-lasting materials and architecturally integrated with the building design and with existing fences/walls on the site. The following limitations apply: 1. Fences and walls when required for screening or to ensure privacy for outdoor recreation areas shall be designed to ensure pedestrian and vehicle connectivity between buildings, uses, and adjacent properties. 2. Fences and gates approved for screening purposes or to provide privacy for outdoor areas in residential districts shall besolid wood with steel frames,solid vinyl,tubular steel orwrought iron. Where tubular steelwrought iron is used,it shall be backed by solid or perforated metal sheeting painted to match the fence or gate. In new developments, decorative block walls shall be used. 3. Fences and gates approved for screening purposes in industrial zone or in form-based zone shall be metal, tubular steel, or wrought iron (open fencing shall be backed by solid or perforated metal sheeting painted to match the fence or gate). Split-face masonry walls, decorative walls, or walls finished with stucco are also appropriate for screening purposes.In the Industrial Zones the requirements for fences, walls, and screening provided in Section 17.36.040.D.9.a.v (Landscaping, screening, and street trees) shall also apply. 4. Chain-link fences and/or gates are not permitted for screening purposes in any zone (including the Industrial Zones), including chain-link when backedwith wood or plastic slats, solid plastic sheet, or knitted fabric privacy/wind screening. 5. Alternative materials may be approved by the planning director or planningcommission as part of a discretionary entitlement approval. B. Graffiti-resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right-of-way, in a residential zone, or as determined though the site development review process. C. Maintenance. Fences, walls, and screens shall be continuously maintained in an orderly and good condition, at no more than their maximum allowed height. (Code 1980, § 17.48.040; Ord.No. 855, § 4, 2012; Ord.No. 863 § 4,2013) 17.48.050 Requirements by land use type. A. Applicable to all land use types. I. Fencing and walls for pools, spas, and similar features. Swimming pools, spas, and other similar water features shall be enclosed in compliance with building code requirements. 2. Fences, walls, and screening between different land uses. Commercial, mixed use, and industrial uses shall be screened from adjacent residential zones by plant materials to screenthe commercial, mixed use, or industrial use, as approved by the designated approving authority. A solid, decorative masonry wall with a minimum height of six feet is required between industrial uses and residential zones. Openings or pedestrianibicycle connections are required to ensure safety,crime prevention,and adequate access and connectivity.Fences and walls are not allowed between projects in form-based zones or between a form-based zone and an adjacent residential zone where a new street, future connection, or street stub is proposed to comply with the block and connectivity requirements of article VIII (Form-Based Code). A landscaping strip with a minimum width of five feet shall be installed adjacentto a screening wall facing the public street. 3. Temporary fences.Nothing in this chapter shall be deemed to prohibit the erectionof a temporary fence around construction projects in compliance with the building code and other applicable requirements of this Code. 4. Screening standards for fire district connections and double check devices. All ground- mounted equipment is required to be screened according to the following standards. Option A is preferred. Option C should only be used if the other two options are considered infeasible by the planning director.Additional provisions apply to fire checkvalves (as noted). a. Option A;block wall screen. i. Required materials are decorative block, finished stucco, or a walldesigned to match building architecture. ii. Minimum height is three feet with a maximum height of four feet. iii. Minimum three feet clearance between the equipment and the wall. b. Option B;metal screen with vines and equipment painted green. i. Provide metal screen fence painted dark green. ii. Plant climbing vines along the base of the screen. iii. Minimum three feet clearance between the equipment and thescreen. iv. If concrete pad is provided around the base of the equipment,the pad must be a minimum of three feet from the property line to allow installation of landscaping. V. Minimum two feet from the face of the screen and the property line. vi. Paint the equipment dark green or equivalent. C. Option C; landscape screen and equipment painted green. i. This option can only be considered if the equipment can be adequately screened by two rows of five-gallon shrubs. Otherwise only Option A or B may be used. it. Provide two rows of five-gallon shrubs. iii. Spaced 18 inches on center. iv. Minimum three feet clearance between the equipment and the shrubs in required. V. If a concrete pad is provided around the base of the equipment,thepad must be a minimum of two feet from the property line to allowinstallation of landscaping. vi. No minimum clearance between the property line and the landscaping is required. d. Additional requirements for fire district check valves. i. Maximum five feet overall from the equipment and the property line. ii. Signage shall be provided according to fire district standards. iii. The fire district connection must extend beyond the wall or landscaping and must not obstruct the fire district connection. B. Fencing and walls for agricultural land uses. All fences or walls which enclose livestock shall be constructed of an adequate height and shall be designed so as to control and contain such livestock at all times. C. Residential zones. 1. Trail fences and gates shall be kept in good repair at all times, including replacing damaged members and maintaining plumb. This shall not preclude the property owner from replacing the existing trail fence with another fence or wall material. 2. Height. The height of fences in residential district is limited according to the following table. TABLE 17.48.050-1 MAXIMUM HEIGHT OF FENCES AND WALLS IN REQUIRED YARD AREA Location of Fence/Wall/Screening Location or MinimumSetback of Fence(1)>(2) Maximum Height Required front yard area 0 ft(2) 3 ft/6 ft 0) Required rear and interior side yard area(along rear 0 ft 6 ft and interior property lines) Required street side yard area(along corner side 5 ft(2) 6 ft property lines) At intersections of streets, alleys, and driveways Varies(4) 36 in within the clear visibility triangle All other areas of lot 0 ft 6 ft Table notes:** (1)As part of site development review,design review(minor or major),or other discretionary entitlement,the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation. (2) Setback area for street side yard is measured property line to the fence or wall. (3)Height of front yard fence or wall may be increased to a maximum of six feet if the top three feet of fencing is constructed of material that is 90 percent visually open and transparent(e.g.,picket fence,open wood slats,open wrought iron)including any architectural features designed as part of the fence(e.g.,pilasters and lights). (4) See definition of clear vision triangle in section 17.140(Universal Definitions).3. Outdoor recreation courts.Fencing for outdoor recreation courts(e.g.,tennis courts,basketball courts)shall not exceed 12 feet in height and shall be located five feet from any rear or side property lines,except when adjacent to outdoor recreation courts on adjacent properties. 3. Outdoor recreation courts. Fencing for outdoor recreation courts (e.g., tennis courts,basketball courts) shall not exceed 12 feet in height and shall be located five feet from any rear or side property lines, except when adjacent to outdoor recreation courts on adjacent properties. 4. Development interconnectivity. Perimeter walls shall only be permitted to address noise impacts generated by, for example, vehicle traffic on freeways or streets. Complete connectivity and access between a) residential uses and b) between residential and commercial or mixed-uses is required. D. Form-based zones. 1. Outdoor storage (including all dumpsters, commercial items, commercial construction, or industrial-related materials and equipment within form-based zones) shall be fenced or screened from view. Such screening shall utilize enclosures including, but not limited to, fences, walls, landscaping, or earthen berms, so that no outdoor storage is visible from any public rights-of- way, parks, public trails, and adjacent properties. Screening shall be visually compatible with the primary buildings and landscape on the property. 2. Screening of loading docks and refuse areas. Loading docks and refuse storage areas shall be screened from public view, adjoining public streets and rights-of-way and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors and materials.Trash enclosures shall be consistent with city standard drawings. Exceptions may be permitted through the administrative design review process for sites with unique characteristics (e.g., shallow lot depth, adjacency to single-family residential). 3. Development interconnectivity. Excluding required screening, projects with perimeter fencing or walls and gated communities are prohibited in form-based zones. E. Industrial zones. 1. Storage area/screening.The purpose of storage area/screening regulations is to allow for on-site storage, which is screened from view from the public right-of-way or fromadjacent properties accessible to the public and is architecturally compatible with the surrounding environment. The following standards shall apply according to land use category: a. Standards for storage area/screen wall height in all industrial zones. The height of all storage area/screening walls shall not exceed eight feet,measured from the finished grade immediately adjacent to the wall and the top ofthe wall. b. Neo-Industrial(NI) Zone.All materials, supplies, equipment,loading docks, and trucks and trailers shall be stored within an enclosed building or an area screened from public view. C. Industrial Employment(IE)Zone. All materials, supplies, equipment, and operating trucks shall be stored within an enclosed building or storage area. Such storage areas within 120 feet of a street frontage shall be screened. d. Within 600 feet of the I-15 right-of-way, all outdoor storage shall bescreened from public view from the freeway. Screening may include the use or combination of block or masonry walls, 36-inch box trees planted a maximum of 30 feet apart, or the building mass. e. Within all industrial land use categories,all storage area screening shall be architecturally integrated with surrounding buildings utilizing concrete,masonry,or other similar materials.For walls comprised of the combination of a screen wall ontop of a retaining wall, the overall height of the combined wall may exceed eight feet provided that the part of the wall that faces the public right-of-way (street, sidewalk, etc.), does not exceed the maximum height established in section 17.48.050.E.La. f. Within the Industrial Employment(IE) Zone, storage area screening may include masonry or concrete walls and,metal,or wood fences.Thefront and exterior side area shall be screened with non-opaque fencing,when loading areas or storage areas are not present. g. Storage of materials or equipment shall not exceed screen height within 100 feet of street-fronting screens. h. The planning director may waive screening requirements where future building expansion would screen an abutting storage area. i. The planning director may waive screening requirements along the front and exterior side of the building if there are no loading docks or storage areas present. 2. Security fences and walls. The purpose of security fencing and wall standards is to provide for a safe environment for businesses within the industrial area. a. Site planning,including building configuration and placement,is encouraged to create defined areas that may be adequately secured. b. Any wall or fence along a street frontage over three feet in height is subj ectto the streetscape setback requirements. C. Within all industrial land use categories except the Industrial Employment(IE) Zone, all fencing or walls shall be wrought iron, concrete, masonry, or other similar materials,not to exceed the maximum height established in section17.48.050.E.La. The use of barbed wire or similar materials is prohibited from these land use categories. Chain-link fencing is not permitted in the area(s) of a property that is/are located between the public right-of-way(street,sidewalk, etc.),and the building wall plane(s) of the building(s) on the property, that face(s) the public right-of-way. Chain-link fencing may only be used along the side and rear property lines,and within the interior of the property,if the fencing will not be visiblefrom any portion of the public right-of-way that is adjacent to the property. d. Within the Industrial Employment(IE)Zone,security fencing mayinclude wrought iron, masonry or concrete walls, and wood or metal fences. Barbed wire may be permitted atop fencing. e. Security gates are subject to site plan review according to section f. 17.16.110(Site Development Review). 3. Trash enclosures. City standard drawings shall be used for all trash enclosures. (Code 1980, § 17.48.050; Ord.No. 855, § 4, 2012; Ord.No. 863 § 4, 2013; Ord.No. 881 § 4, 2015) Chapter 17.50 IMPLEMENTATION OF GREEN BUILDING CODE 17.50.010 Purpose. The purpose of this chapter is to implement the sustainable planning and design provisions of the city general plan. The provisions of this chapter are intended to encourage developers to go above and beyond typical development practices by: creating incentives for compact,mixed-use development; encouraging use of alternative energy sources;promote alternative means of transportation(e.g.,bicycling,walking, transit); creating incentive to reduce energy use; and facilitating low impact development techniques. The provisions contained within this chapter are to be used in combination with other provisions in Article IV (Site Development Provisions) and the adopted CalGreen Building Code. (Code 1980, § 17.50.010; Ord. No. 855, § 4, 2012) 17.50.020 Applicability. Compliance with this section shall be determined as part of the related discretionary entitlement review process or minor design review if another discretionary process is not needed. The following applies: A. Non-residential(including mixed-use)development.New buildings,or substantial renovations(see section 17.50.020.D. below), shall comply with all mandatory provisions of the "City of Rancho Cucamonga, Green Building Compliance Matrix (Nonresidential)" as maintained by the planning director and as required by the California CalGreen Building Code. B. Residential development. New buildings, or substantial renovations (see section 17.50.020.D below), shall comply with all mandatory provisions of the "City of Rancho Cucamonga, Green Building Code Compliance Matrix (Residential)" as maintained by the planning director and as required by the California CalGreen Building Code. C. All municipal projects undertaken by the city shall: 1. Implement all mandatory provisions of the "City of Rancho Cucamonga, Green Building Code Compliance Matrix(Nonresidential),"as maintained by the planning director. 2. For all buildings over 7,500 square feet, all of the Tier 1 provisions of the CalGreen Building Code shall be implemented or 100 points shall be achieved based on the optional provisions of the "City of Rancho Cucamonga, Green Building Code Compliance Matrix(Non-residential)." 3. Substantial renovation is defined for purposes of this chapter to include any renovation, rehabilitation,restoration, or repair work that includes floor area equal to 35 percent or more of the existing floor area, or the addition of new floors. The calculation shall include attached garages, but not include detached garages. For the purpose of calculation, the increase in floor area shall be aggregated over a three-year period. D. Exemptions. All buildings under 1,500 square feet are exempt from the requirements of this section unless otherwise determined by the planning director. In addition, the following uses are exempt: major utilities, minor utilities, wireless communication facilities, construction storage yards, mining and processing, recycling facilities, storage yards, temporary uses, or any similar use to those listed. (Code 1980, § 17.50.020; Ord.No. 855, § 4, 2012) 17.50.030 Incentives. The city recognizes that implementing the optional provisions of CalGreen results in additional building and site construction cost and offers the incentives below to help offset the cost. The eligibility for the following incentive shall be determined during the related entitlement review process as follows: A. RC Green 100.All buildings achieving CalGreen Tier 1 or 100 points or more on the relevant Green Building Code Compliance Matrix as maintained by the planning director shall be eligible for priority processing of the proposed development. B. RC Green 200.All buildings achieving CalGreen Tier 2 or 200 points or more on the relevant Green Building Code Compliance Matrix as maintained by the planning director shall be eligible for: 1. Priority processing. 2. Reduction in one site development standard or architectural design requirement, including but not limited to: a. Reduction in setback; b. Reduction in square footage requirements; and/or C. Reduction in required number of parking spaces. (Code 1980, § 17.50.030; Ord.No. 855, § 4, 2012) Chapter 17.52 HILLSIDE DEVELOPMENT 17.52.010 Purpose and applicability. The purpose of this chapter is to categorize hillsides into five slope categories and establish limits on land use density. Additional design standards and guidelines are provided in article VII(Design Standards and Guidelines). The development and density limits established in this chapter apply based on the location of property with five established slope zones (section 17.52.020). (Code 1980, § 17.52.010; Ord.No. 855, § 4, 2012) 17.52.020 Establishment of slope zoning limitations. All property within the city can be categorized into one of the following slope zones. Regulations apply as indicated. A. Zone 1 (five percent natural slope or less). This is not a hillside condition. Grading with conventional fully padded lots and terracing is acceptable. B. Slope Zone 2 (five percent to 7.99 percent slope). Development with grading is permitted in this zone,but existing landforms must retain their natural character. Padded building sites are permitted; however, techniques such as contour grading, combined slopes, limited cut and fill, and split-level architectural prototypes, or padding for the structures only,may be required to reduce grading. C. Slope Zone 3 (eight percent to 14.9 percent slope). This is a hillside condition. Special hillside architectural and design techniques(see article VII(Design Standards and Guidelines))that minimize grading are required in this zone. Architectural prototypes are expected to conform to the natural landform by using techniques such as split-level foundations of greater than 18 inches, stem walls, stacking, and clustering. D. Slope Zone 4(15 percent to 29.9 percent).Development within this zone is limited to no more than the less visually prominent slopes and then only where it can be shown that safety, environmental, and aesthetic impacts can be minimized. The use of larger lots, variable setbacks, and variable building structural techniques such as stepped or pole foundations are expected. Structures shall blend with the natural environment through their shape, materials, and colors. Impact of traffic and roadways is to be minimized by following natural contours or using grade separations. E. Slope Zone 5 (30 percent and over). This is an excessive slope condition and development is prohibited,unless all the following are satisfied: 1. The property is located south of Banyan Street; 2. At least 75 percent of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; 3. The proposed project is determined to appropriately address slope stability and other geological factors of the site; and 4. Vegetation fuel management for wildfire protection can be achieved and maintained. (Code 1980, § 17.52.020; Ord.No. 855, § 4, 2012) 17.52.030 Density limitations. This section correlates the steepness of the terrain with limitations on development intensity. The total allowable residential dwelling units shall be calculated based on the total(buildable) land area within each slope category multiplied by the capacity factor for each to the slope category. A. Using the land capacity schedule. Table 17.52.030-1 (Land Capacity Calculation) converts the amount of gross site acres into the amount of net buildable acres based on slope measurement. TABLE 17.52.030-1 LAND CAPACITY CALCULATION Land capacityformula: (Acreage of % slope) x(Capacity ratio) =Net buildable area Slope Measurement Acres of Land Capacity Ratio (x) Adjusted Net Buildable Area Gross Acres x Ca aci Ratio Under 10% A 1.000 Ax 10-14.9% B 0.750 Bx 15-19.9% C 0.500 Cx 20-24.9% D 0.250 Dx 25-29.9% E 0.025 Ex +30% F 0.000 Fx Total (Ax+Bx+ Cx+Dx+Ex+ Fx B. Calculating permitted units. The maximum number of dwelling units that may be permitted in a proposed development shall be determined by multiplying the total adjusted net buildable area(Ax+ Bx+ Cx+Dx+Ex+ Fx) above by the permitted number of allowed units per acre according to the zone. C. Exceptions. The following land areas, meeting any or all of the following criteria, shall not be included in the calculation of total allowable dwelling units: 1. All land areas, regardless of slope, which will be subject to inundation during a 100-year storm after development has occurred. 2. All land which is in a geologic hazard zone, as defined in the public health and safety chapter of the general plan of the city, and for which no feasible mitigation measures are proposed. 3. All land area which lies within a federally recognized blue line stream or contains significant riparian or streambed environs. 4. All the following are satisfied: a. The property is located south of Banyan Street; b. At least 75 percent of the lots or parcels that are the subject of the development application are surrounded by lots or parcels improved with structures; C. The proposed project is determined to appropriately address slope stability and other geological factors of the site; and d. Vegetation fuel management for wildfire protection can be achieved and maintained. (Code 1980, § 17.52.030; Ord.No. 855, § 4, 2012) Chapter 17.54 USES IN HISTORIC STRUCTURES 17.54.010 Purpose. Existing historical landmarks and focal points,which have been recognized by the city as having historical significance, are encouraged to be enhanced through physical improvements. The purpose of this chapter is to identify allowed uses for historic structures in residential districts. Additional regulations for historic resources can be found in chapter 17.18 (Historic Preservation Commission Decisions). (Code 1980, § 17.54.010; Ord.No. 855, § 4, 2012) 17.54.020 Allowed uses. Historical structures within a residential district may be used for other uses allowed in the district, subject to the same permit requirements. Other uses are allowed with approval of a minor use permit based upon the following criteria: A. Proposed use shall not cause intensification or disruption to any adjacent uses or neighborhood. B. The uses shall be limited to small-scale uses such as, but not limited to, boardinghouse, bed and breakfast,minor offices,coffee shops,and neighborhood serving retail uses such as boutiques,antique shops,bookstores, or florists. C. The site and structure shall be fully improved to include such things as,but not limited to,landscaping, parking, new exterior building materials (roofing, siding, painting), walls or fences, street improvements, drainage facilities, etc. (Code 1980, § 17.54.020; Ord.No. 855, § 4, 2012) Chapter 17.56 LANDSCAPING STANDARDS 17.56.010 Purpose. The purpose of this chapter is to establish minimum landscape requirements to enhance the appearance of developments, extend the green space network of the city,reduce heat and glare, control soil erosion, conserve water, ensure ongoing maintenance of landscape areas,reduce wildfire hazards, and ensure that landscape installations do not create hazards for motorists or pedestrians. (Code 1980, § 17.56.010; Ord. No. 855, § 4, 2012; Ord.No. 879 § 4,2015) 17.56.020 Applicability. The requirements contained in this chapter apply to all new and existing development and shall be in addition to any other development standards and regulations contained elsewhere within the Development Code (e.g. Water Efficient Landscaping). (Code 1980, § 17.56.020; Ord.No. 855, § 4, 2012; Ord.No. 879 § 4, 2015) 17.56.030 Landscape and irrigation plans. When this chapter is applicable to new projects or existing development, as identified in section 17.56.020 (Applicability),preliminary and final landscape plans shall be submitted in accordance with the requirements of this chapter and review of such plans shall be conducted as part of the design review process. A. Preliminary landscape and irrigation plan. A preliminary landscape plan and irrigation plan shall be submitted to the designated approving authority.This plan must show a water budget that includes the estimate water use (in gallons), the irrigated area(in square feet),precipitation rate, and flow rate in gallons per minute as well as conceptual locations for trees, shrubs, ground cover, etc., and a corresponding list of planting material by species, quantity, and size. B. Final landscape and irrigation plan. After a preliminary landscape and irrigation plan has been approved by the designated approving authority, a final landscape and irrigation plan shall be submitted to the planning director in conjunction with site improvement plans. The final landscape planting and irrigation plans shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape and irrigation plan approved by the designated approving authority. Final plans shall show the exact location of and irrigation for trees, shrubs, and ground cover. The final landscape plan shall include, at a minimum, plant name, plant quantity,plant size,location of impervious surfaces,utilities and lighting,irrigation system,and plans for tree retention and removal where applicable. The final landscape plan should also include a water budget that includes the estimated water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute. (Code 1980, § 17.56.030; Ord. No. 855, § 4, 2012; Ord.No. 879 § 4, 2015) 17.56.040 Landscape plan review process. A. Landscaping plans subject to review. When the requirements of this Chapter are applicable as established in section 17.56.020 (Applicability),the following landscape plan review process shall be conducted in conjunction with design review for the proposed action,pursuant to the requirements of section 17.16.140 (Minor design review) and section 17.20.040 (Major design review). 1. Approving authority. The designated approving authority shall be the same as the designated approving authority of the entitlement for new projects or existing development as identified in section 17.56.020 (applicability). For projects in the wildland-urban interface fire area, the fire chief is an additional approving authority. 2. Approval of preliminary and final plans. The designated approving authority shall review and approve the preliminary landscape and irrigation plan. Upon approval of the preliminary landscape and irrigation plan, a final landscape and irrigation plan shall be submitted to the approving authority prior to issuance of building permits for new projects or applicable expansions to existing development as established in section 17.56.020 (applicability). 3. Approval required The landscaping shall not be installed until the applicant receives approval of the final landscape and irrigation plan by the approving authority and any applicable permits have been issued. 4. Changes to final plans. Changes to the approved final landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted to the original approving authority for approval before installation. (Code 1980, § 17.56.040; Ord.No. 855, § 4, 2012; Ord.No. 863 § 4, 2013; Ord.No. 879 § 4, 2015) 17.56.050 General landscape development standards. A. General location for landscape improvements. Landscaping shall be provided in the following locations for all types of development as listed below, unless the designated approving authority determines that the required landscape is not necessary to fulfill the purposes of this chapter.Nothing in this chapter is intended to discourage landscaping in excess of the minimum requirements listed herein. B. Setbacks, public frontage, and street frontage. All setback areas required by this Code, areas between the curb and setback, public frontage areas, or portions of the site with any street frontage, shall be landscaped and maintained in compliance with this chapter except where an area of a required setback is improved with a paved surface such as a sidewalk or driveway. I. In all Industrial Zones the front and exterior side yard setback areas adjoining public rights-of- way are required to be landscaped,including the property frontage within the right-of-way. 2. Trees are required along sidewalks and primary street frontage,in addition to other landscaping requirements. C. Undeveloped areas. All areas of a site that are part of n entitled/approved master planned development application, such as pad sites being held for future development, shall be landscaped in compliance with this chapter. D. Parking areas. Within parking lots, landscaping shall be used for shade and climate control, to enhance project design, and to screen the visual impact of vehicles and large expanses of pavement consistent with the requirements of this chapter. E. Pedestrian paths and pedestrian entrances. Along pedestrian pathways and at building entrances, trees shall be provided in compliance with this chapter for shade and climate control, to define the public space, and moderate high temperatures and wind speeds. F. Plant type. Landscape planting shall emphasize climate appropriate, drought-tolerant, native, and non-invasive species (especially along natural, open space areas), shall complement the architectural design of structures on the site, and shall be suitable for the soil and climatic conditions specific to the site. Plant species known to be invasive and listed on the California Invasive Plant Inventory published by the California Invasive Plant Council (Cal-IPC) are prohibited. In the wildland-urban interface fire area,planting shall emphasize wildfire hazard reduction. G. Planting layout and plant diversity.Plant selection shall vary in type and planting pattern.Informal planting patterns are preferred over uniform and entirely symmetrical planting patterns. Use of deciduous flowering trees and shrubs and colorful plantings is encouraged in conjunction with evergreen species. Groupings of shrubs shall contain multiple plant types, interspersed with varying heights and blooming seasons for year-round interest. H. Street and parking lot trees. Street and parking lot trees shall be selected from the city's adopted master list of street trees and parking lot trees. L Trees planted within ten feet of a street, sidewalk, paved trail, or walkway shall be a deep-rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements. J. In the wildland-urban interface fire area,plant types shall not include those identified as fire prone or those types that are specifically prohibited by the fire district. K. Planting size, spacing, and planter widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes,plant spacing, and minimum planter widths (inside measurements) are as follows: 1. Trees. The minimum planting size for trees for mixed-use, commercial, office, and community/civic uses shall be 15-gallon, with 25 percent of all trees on a project site planted at a minimum 24-inch box size.For mixed-use, commercial,office, and community/civic uses tree spacing within perimeter planters along streets and abutting residential property shall be planted no farther apart on center than the mature diameter of the proposed species. Minimum planter widths for trees shall be between five feet and ten feet, consistent with the city's adopted master list of street trees and parking lot trees. 2. Trees in industrial zones. a. The minimum planting size for trees for industrial uses shall be 15-gallon with 25 percent of all trees on a project site planted at a minimum 24-inch box size. b. The minimum planting size for trees for industrial uses in primary buildings greater than 200,000 square feet in gross floor area shall be minimum 24-inch box size with 25 percent of all trees at 36-inch box size. C. Tree spacing for all industrial uses within perimeter planters along streets and abutting residential property shall be planted no farther apart on center than the mature diameter of the proposed species.Minimum planter widths for trees shall be between five feet and ten feet, consistent with the city's adopted master list of street trees and parking lot trees. 3. Shrubs. Shrub planting shall be a minimum five-gallon size, with a 15-gallon minimum size required where a landscape screen (visual buffer) is conditioned by the designated approving authority (e.g., screening of headlights from drive-through aisles). The minimum planter width for shrubs is four feet. 4. Ground cover. Plants used for mass planting may be grown in flats of up to 64 plants or in individual one-gallon containers.Rooted cuttings from flats shall be planted no farther apart than 12 inches on center, and containerized woody, shrub ground cover plantings shall be planted no farther apart than three feet on center in order to achieve full coverage within one year.Minimum planter width for ground cover is two feet,with the exception of sod,which requires a minimum planter width of six feet. L. Synthetic turf(lawns). Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation. The following standards shall apply to the use and maintenance of synthetic turf. 1. Synthetic turf shall consist of lifelike individual blades of grass that emulate realgrass in look and color and have a minimum pile height of one and one-half inches. 2. A proper drainage system shall be installed underneath to prevent excess runoffor pooling of water. 3. Synthetic turf shall be installed and maintained to effectively simulate theappearance of awell maintained lawn. 4. The use of indoor or outdoor plastic or nylon carpeting as a replacement forsynthetic turf or natural turf shall be prohibited. 5. Synthetic turf shall be installed in combination with natural plant materials (e.g.trees, shrubs and groundcover) to enhance the overall landscaping design. M. Water efficiency.If applicable,projects are required to comply with provisions within chapter 17.82 (water efficient landscaping)of this article.(Code 1980, § 17.56.050; Ord.No. 855, § 4,2012; Ord.No. 860 § 4, 2013; Ord.No. 879 § 4,2015) 17.56.060 Special landscape requirements. In addition to the general requirements of section 17.56.050 (general landscape development standards), the requirements listed below apply to the special types of landscaping. However,inthe wildland-urban interface fire area, the fire district requirements preclude the application of these special types of landscaping. A. Residential landscape. See section 17.56.070 (additional requirements for residential areas). B. Project entry landscaping.Entries to multi-tenant projects(both residential and nonresidential)shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants,visitors,and patrons.Flowering access plantings and specimen trees shall be used to reinforce the entry statement. C. Trees adjacent to building wails. With the exception of single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per 30 linear feet of building length,particularly to interrupt expansive horizontal and vertical surfaces. Tree clusters may be used subject to approval by the approving authority. D. Screening of drive-through aisles. To screen vehicles and associated headlights in a drive- through lane from view of abutting street rights-of-way, a minimum five-foot wide planter shall include a minimum three-foot tall (maximum four-foot tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area.At no time shall this landscape barrier be pruned in a manner that allows the vehicle headlights from the drive-through lane to be visible from abutting street rights-of-way. Plantings shall also be designed to discourage potential safety issues (e.g., persons lying in wait). E. Screening of outdoor equipment. Screening is required according to chapter 17.48 (fences, walls, and screening). F. Wireless communication facilities.Where feasible,facilities shall be installed so as to maintain and enhance existing landscaping on the site,including trees, foliage, and shrubs, whether or not utilized for screening. Additional landscaping may be planted around the tower and related equipment to buffer abutting residential zones or uses and to buffer public trails. Specifically, landscaping around the perimeter of the facility (leased area) shall include dense tree and shrub plantings with the necessary irrigation. Trees shall be fast-growing evergreen species, with a minimum size of 24-inch box. Shrubs shall be a minimum 15-gallon size covering a minimum planter area depth of five feet around the facility. Trees and shrubs shall be planted no farther apart on center than the mature diameter of the proposed species. G. On-site pedestrian pathways.Pedestrian pathway landscaping shall include shade trees placed so as to cover 60 percent of the total pathway area with tree canopies within 15 years of securing building permit. H. Public spaces.Pedestrian space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g. canopies, awnings, and umbrellas)placed so as to cover 60 percent of the total space with a shade canopy within 15 years of securing the building permit. L Buffering between uses.A landscape buffer shall be provided between residential and nonresidential uses and between single-family uses and multi-family uses containing three or more units. Buffer areas shall include a minimum ten-foot wide planter strip with shrubs and both deciduous and evergreen trees planted a maximum of 30 feet on center. J. Interior property boundaries. When a landscaped area is provided, trees shall be planted at a rate of one tree per 30 linear feet of interior property line within a planter area that is a minimum of six feet wide. Tree clusters may be used subject to approval by the approving authority. K. Sound wails/masonry wails. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided such that 50 percent of the wall shall be covered by landscape material within five years. L. Parking lot landscape.Parking lot landscape includes perimeter planters, abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. Parking lot landscape requirements applicable to parking lots with five or more spaces for commercial,industrial, mixed-use, and multi- family residential uses are listed below: 1. Number of trees required Trees shall be installed in planting wells in a parking lot at a rate of one tree for every three parking stalls. Tree selections shall be approved by the planning director. 2. Exception for solar collectors. The minimum requirement for trees and shrubs may be waived for the portion of a parking area over which photo-voltaic solar collectors are installed where they also function as shade structures. 3. A minimum of ten percent of the total off-street parking area shall be landscaped with trees, shrubs, and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering, and landscaping within that portion of the premises that is devoted to vehicular parking and circulation. 4. Each unenclosed parking facility shall provide a perimeter landscaped strip at least five feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include any landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility. 5. Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped with a combination of trees, shrubs, and ground cover. Screening between residential and nonresidential uses shall not be less than five feet in height. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars (see Figure 17.56.060-1 [Parking Lot Landscaping]). 6. Existing trees.Existing mature trees that are in good health,as determined by a qualified arborist, on a vacant/undeveloped site where there is a proposal for development must be retained in- place whenever possible. 7. Planter design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure 17.56.060-2 [Parking Lot Planter Design]): a. Planters shall be separated from maneuvering and parking areas by a concrete curb with minimum dimensions of 6 inches high by 6 inches wide. b. Tree planting wells shall have a minimum area of 25 square feet with a minimum dimension of five feet and be enclosed by a concrete curb with dimensions as noted in 6.a above. C. A planter located immediately adjacent to a parking stall shall have a 6-inch concrete paver,in addition to the curb as noted in 6.a above, along the entire length of the side of the curb(and parallel to the curb) that is closest to the stall to facilitate entering/exiting of a vehicle. M. Landscape planters along the sides ofparking stalls shall be aminimum of 90 square feet with a minimal outside dimension of not less than six feet. FIGURE 17.56.060-1 PARKING LOT LANDSCAPING Landscape Screen f Low Profile 'allll t FIGURE 17.56.060-2 PARKING LOT PLANTER DESIGN � . ,w . ,,......., ,...... 901 SO F1 ���i niter ud' dl� �, ,......„. ,..... ..,.. OR 6'nM � w ta q, err Mong Il ler Stall Front (Code 1980, § 17.56.060; Ord.No. 855, § 4, 2012; Ord.No. 879 § 4, 2015) 17.56.070 Residential landscape development standards. A. Front yard defined. For the purposes of this section, "front yard" shall mean the area extending across the full width of the lot between the back of sidewalk and the building or structure on said lot. For corner lots, the area extending the full depth of the lot between the back of sidewalk and any perimeter fence, wall or structure, and visible from the right-of-way shall also be included. Lots without parkway and sidewalk improvements shall be measured from the back of curb (See Figure 17.56.070-1 [Front Yard Landscaping Area]). FIGURE 17.56.060-1 FRONT YARD LANDSCAPING AREA From Yard Area Along Streets with 6_,w lks nd Parkways yl 4 a ...,.,.Fr a�<mu "w o u 90 ti k Front Yard AreaAlong Sveets w ithorit 50ewalks,arid Parkways s {i mmmmmmmmmmmmmmmmmm-mm-.�............ w l � B. Front yard landscaping ratio. Front yard landscaping ratios applicable to single-family residential lots are listed below: 1. Hardscape shall occupy a maximum of 50 percent of front yard landscaping. 2. The total amount of landscape shall occupy a minimum of 25 percent of the front yard. 3. Decorative hardscape shall occupy a maximum of 25 percent of front yard landscaping. C. Front yard landscaping.Front yard landscaping requirements applicable to single-family residential lots are listed below: 1. Turf(lawn) areas should be minimized to active play areas where feasible. The use of warm season turf,when desired is preferred. 2. Fountains shall be counted as landscape for the purposes of calculating the front yard landscaping ratio and must use a recirculating water system. 3. Synthetic turf(lawn) shall be counted as landscape for the purposes of calculating the front yard landscaping ratio and shall comply with the requirements of section 17.56.050 (general landscape development standards). 4. Landscape minimum shall be calculated based on the size of the plants at maturity. Landscapes should be designed with appropriate plant spacing based on the mature size of the plant. 5. Decorative hardscape. On smaller lots, decorative hardscape can, but is not required to be limited to one material. To provide visual interest on larger lots decorative hardscape shall use more than one uniform size, color or type of material. Decorative hardscape materials can vary in either size, variety or color or material. Table 17.56.070-2 sets forth the standards for landscaping on residential single family lots,based on overall lot size. TABLE 17.56.070-2 DECORATIVE HARDSCAPE Lot Size Types Required Less than 5,000 sq. ft. No variation required 5,001-10,000 sq. ft. Minimum of 2 10,001 sq. ft. or more Minimum of 3 6. Decorative hardscape shall not be fixed firm in place with concrete or other materials that prevent water percolation or create excess runoff. D. Parkway landscaping. Permitted parkway groundcover landscaping materials and methods for residential lots are listed below: 1. Low water use plants, excluding cactus,roses and all other plants that contain sharp,pointed and thorn type plant structures.Plants shall not exceed a height of 18 inches at maturity. 2. Low water use turf alternatives (i.e., groundcovers and grasses). 3. Synthetic turf,provided it meets the requirements of section 17.56.050. 4. Decomposed granite,provided it is installed with a stabilizer in accordance with city standards. 5. Gravel may be used as ground cover only if it is three-quarter inch in size (i.e., crushed stone) and is not smooth(i.e.,pea gravel or river rock). 6. Mulch or bark may be used as a ground cover. 7. Mulch,bark or gravel must be installed just below the curb, to prevent migration of material to the sidewalk or street. 8. The installation of turf alternatives shall not cause negative impact to existing trees within the parkway. A tree root protection zone of five to six feet from the trunk shall be maintained at all times. 9. All trees within the parkway shall be irrigated properly to ensure the life of the tree. E. Trees required. Table 17.56.070-3 (Trees Required in Residential Zones) sets forth minimum standards for the number and size of trees,both on- and off-site, for new development. TABLE 17.56.070-3 TREES REQUIRED IN RESIDENTIAL ZONES Feature/District LM M MH H Number of trees/gross acre 40 45 50 50 Percentage of 48-inch box or larger 0 0 5% 10% trees Percentage of 36-inch box trees 0 10% 5% 10% Percentage of 24-inch box trees 10% 10% 20% 10% Percentage of 15-gallon trees 90% 80% 70% 70% F. New windrow plantings of fire resistant tree species may be required to perpetuate a windbreak system at a ratio of 50 linear feet per acre. The location of required windrow plantings shall be generally guided by the established 330-foot X 660-foot grid pattern.Required windrows may follow any portion of this grid,provided the total length of windrows meets or exceeds the minimum length. The use of the 330-foot X 660-foot planting grid is not meant to discourage development of curvilinear local streets. The size, spacing, staking, and irrigation of these trees shall be in accordance with the tree replacement policies set forth in section 17.56.080 (removal and replacement of required landscaping) except within the urban wildlife interface area(no eucalyptus trees allowed). G. New development. All new development shall comply with the approved final landscape plans and shall be completely installed prior to occupancy. (Code 1980, § 17.56.070; Ord.No. 855, § 4, 2012; Ord.No. 879 § 4, 2015; Ord.No. 922 § 5, 2017) 17.56.080 Removal and replacement of required landscaping. A. Replacement sizes. All plant material removed from aproject in which the planning department has approved the landscape plan shall be replaced with the following replacement sizes: shrubs—five- gallon size; ground cover—flats. Size of replacement trees shall be determined by the planning director based on the conditions of the property. Trees removed or severely and improperly trimmed shall be replaced with an appropriately sized tree as determined by the planning director. B. Tree removal requirements.Requirements for tree removal shall be pursuant to chapter 17.80 (Tree Preservation). (Code 1980, § 17.56.080; Ord.No. 855, § 4, 2012; Ord.No. 879 § 4, 2015) 17.56.090 Parkway landscaping. A. Responsibility.Pursuant to the requirements of this chapter, the owner of private property adjoining the area between the curb and the sidewalk known as the parkway shall be responsible to plant,install and maintain landscaping in the parkway for the entire frontage of the property in accordance with this section.This responsibility applies to all commercial,mixed-use,industrial,single-family,multi- family, and mobile home property owners and home owners associations with landscaped areas that are not within a designated Landscape Maintenance District(LMD). B. Maintenance. The property owner is responsible for providing sufficient moisture to the parkway to maintain any landscaping and trees in a healthy condition. C. Landscaping materials.The following landscape or decorative hardscape materials are allowed with developed parkways: 1. Low growing planting, excluding cactus, roses and any other plants that contain sharp, pointed or thorn type plant structures. Low water use plants are required for new development. 2. Turf and turf alternatives (i.e., groundcovers and grasses). Low water use turf and turf alternatives are required for new development. 3. Wood mulches,bark or chips installed in accordance with city standards. 4. Synthetic turf,provided it is installed outside of the tree root protection zone,in accordance with city standards. D. Prohibited landscaping materials. The following materials are prohibited within developed parkways: 1. Concrete, cobble,pavers, gravel, stones or rocks. 2. Bare dirt, for dust control purposes. 3. Anything impermeable,permanent or firm fixed in place. 4. Plant species known to be invasive according to the California Invasive Plant Inventory. (Ord. No. 879 § 4, 2015) 17.56.100 Trail maintenance. Pursuant to the requirements of this chapter,the owner of private property located adjacent to local feeder trails that are within easements on said property, shall be responsible for the maintenance of the applicable local feeder trail to ensure that it is usable and consistent with the trails implementation plan, the City's design/technical standards, and Chapter 17.68 (Property Maintenance). Chapter 17.58 OUTDOOR LIGHTING STANDARDS 17.58.010 Purpose. The purpose of this chapter is to regulate lighting to balance the safety and security needs for lighting with the city's desire to limit light pollution from outdoor sources,preserve dark skies,maintain darkness for night sky viewing, and ensure that light trespass and glare have negligible impact on surrounding property(especially residential) and roadways. (Code 1980, § 17.58.010; Ord.No. 855, § 4, 2012) 17.58.020 Applicability. The requirements of this chapter apply to all new and existing development. Whenever a person is required to obtain a building permit, electrical permit, and/or approval of a planning entitlement, the applicant shall submit sufficient information for the approving authority to determine whether the proposed lighting will comply with the requirements of this chapter. (Code 1980, § 17.58.020; Ord.No. 855, § 4, 2012; Ord.No. 863 § 4, 2013) 17.58.030 Exempt lighting. The following items shall be exempt from the requirements of this chapter: A. Temporary lights used for holiday decorations. B. Emergency lighting erected for official purposes by local, state, or federal agencies. C. Lighting for temporary uses and special events permitted consistent with this Code. (Code 1980, § 17.58.030; Ord.No. 855, § 4, 2012) 17.58.040 Prohibited lighting. The following types of lighting are prohibited: A. Neon tubing or band lighting (including LCD, LED, and other technologies) on buildings and/or structures as articulation in lieu of a physical architectural element/feature, except accent lighting as approved through design review (section 17.20.040). B. Search lights, laser source lights, or any similar high-intensity light, except for emergency use by police or fire personnel or at their discretion, or for approved temporary lighting for a special event approved by the city. C. Lighting fixtures operated in such a manner as to constitute a hazard or danger to persons or to safe vehicular travel. D. Illumination of entire buildings. E. Roof-mounted lighting except for security or fire safety purposes. F. Moving, flashing, or animated lighting. (Code 1980, § 17.58.040; Ord.No. 855, § 4, 2012) 17.58.050 General lighting requirements. The requirements listed below shall apply to all outdoor lighting. A. Nuisance prevention. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, fully shielded, and maintained in order to prevent glare, light trespass/spillover onto adjacent properties, and light pollution. B. Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent. I. Lighting of all types shall be regularly maintained to ensure continuous function/operation. This shall include all energizing and support infrastructure associated with the lighting fixture. 2. Lighting fixtures shall remain free of graffiti. 3. All finishes applied to light fixtures shall be regularly maintained to ensure that all degradations to the fixtures due to environmental conditions,physical damage, or general use. C. Shielding.Except as otherwise exempt, all outdoor lighting shall be recessed and/or constructed with full downward shielding in order to reduce light and glare impacts on trespass to adjoining properties and public rights-of-way. Each fixture shall be directed downward and away from adjoining properties and public rights-of-way, so that no light fixture directly illuminates an area outside of the project site intended to be illuminated. See Figure 17.58.050-2 (Shielding and Maximum Height of Freestanding Outdoor Light Fixtures). D. Level of illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security, to avoid harsh contrasts in lighting levels between the project site and adjacent properties,ensure compatibility with the character of the surrounding neighborhood,and limit excess ambient light to maintain darkness for night sky viewing (especially in rural, neighborhood, hillside, and open space areas). Proposals for all lighting for new and redevelopment projects shall include the submittal of a photometric plan for review and approval. Illumination requirements are provided in Table 17.58.050-1 (Illumination Requirements). TABLE 17.58.050-1 ILLUMINATION REQUIREMENTS Category Where Measured Required IIlumination Notes (minimum or maximum) Permitted to be fully illuminated during hours of operation.After hours,may be Public,civic,and religious dimmed or turned off such that buildings only lighting essential to security or safety shall be maintained. General Parking lots,driveways,trash Within 2-foot radius of object 1.0 lumen(minimum)and 4.0 enclosures,public phones, At all hours edge lumens(maximum) group mailboxes Parking lots for banks, At point of highest and lowest 1.5 lumen(minimum)and 4.0 convenience stores,check During operating hours light level lumens(maximum) cashing businesses Pedestrian walkways, Center of walkway at point of 0.5 lumen(minimum)and 2.0 Only applies to walkways intended for use after dark including paseos highest and lowest light level lumens(maximum) Applies to all paseos Nonresidential structures, 5-foot radius of door(each 1.0 lumen(minimum) During hours of darkness entryways,and doors side) Adjacent residential property At structure and rear setback 0.1 lumen(maximum) Equivalent to moon's potential line ambient illumination E. Signs. Lighting of signs shall be in compliance with chapter 17.74 (Sign Regulations for Private Property). F. Sports fields/outdoor activity areas.Where playing fields or other specialty activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and shielded so that the light falls within the primary playing area and no significant off-site light trespass is produced. Additionally, the lights shall be turned off within one hour after the end of the event. G. Wireless telecommunication facilities.Wireless telecommunication facilities and related equipment shall be unlit except as provided in chapter 17.106 (Wireless Communicator Facilities). H. Maximum height of freestanding outdoor light fixtures. The maximum height of freestanding outdoor light fixtures shall be as follows: 1. On residential properties:12 feet. 2. On non-residential properties adjacent to residential properties: 5 feet. 3. On industrial properties: 25 feet. 4. On properties not noted as above: 20 feet. 5. The height of a freestanding outdoor light fixture shall be measured from the finish grade, inclusive of the pedestal, to the source of the illumination in the fixture. does not include decorative elements attached to the top of the fixture See Figure 17.58.050-2 (Shielding and Maximum Height of Freestanding Outdoor Light Fixtures). FIGURE 17.58.050-2 SHIELDING AND MAXIMUM HEIGHT OF FREESTANDING OUTDOOR LIGHT FIXTURES 'Ihroe4ght hrnir for free tandlirui W'( of rrld'u,stri r9 prlr*r' rly' for hreur*tuuuudAru'A outdoor d<Wgh fixtuutel.on,all urt u, mr,ru"rrr te0den,6 non resi lerrrt *rul *r* �ibuuAA ro a erty ru*OdenVal ME ,i i1e0dpri3O/eel (:.uuuud urur hun�lhtirug*halli um 0lh 6 AP!shiellr*mqu Mxid,1'/rrrr v('u r'ed to a,�duuce UighA trespass r ��uuuu°uuru�°° *urn,«ArkwrAA*ra, L Energy-efficient fixtures required.Outdoor lighting shall utilize energy-efficient fixtures and lamps such as LED, high-pressure sodium, metal halide, low-pressure sodium, hard-wired compact fluorescent, or other lighting technology that is of equal or greater efficiency. J. Accent lighting.Architectural features may be illuminated by uplighting,provided that the lamps are low intensity to produce a subtle lighting effect and no glare or light trespass is produced. Wherever feasible, solar-powered fixtures shall be used. K. Alternative designs, materials, and installations. The designated approving authority may grant approval of alternatives to this section as part of design review (section 17.16.130). (Code 1980, § 17.58.050; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013) Chapter 17.60 OUTDOOR SALES, STORAGE,DISPLAY,AND SEATING STANDARDS 17.60.010 Purpose. The purpose of this chapter is to regulate permanent and temporary outdoor display, seating, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. (Code 1980, § 17.60.010; Ord.No. 855, § 4, 2012) 17.60.020 Permit requirements, exemptions, and liabilities. The following outdoor activities shall be subject to the permit requirements as listed below. A. Permanent outdoor display and sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of section 17.60.030.B. (Standards for Outdoor Display and Sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a minor use permit(MUP). B. Temporary outdoor display and sale. Permitted in form-based zones with the issuance of a temporary use permit (TUP) and subject to the provisions of section 17.60.030.13 (Standards for Outdoor Display and Sales). C. Permanent outdoor storage.Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request.New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a minor use permit in accordance with section 17.16 (Permits and Entitlements Decided By the Planning Director). D. Temporary outdoor storage. Temporary outdoor storage shall require the issuance of a temporary use permit pursuant to and consistent with the requirements of section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a temporary use permit. 1. Storage of construction materials and equipment as part of an active construction site,provided a valid building permit or improvement permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). 2. Emergency public health and safety facilities established by a public agency. 3. Storage containers not associated with an approved construction project when: a. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. b. Located on nonresidential property for any length of time and provided they are screened from public view. E. Outdoor dining areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zones except for residential zones, subject to approval of a minor use permit as established in section 17.16.100 (Site development review) and any other applicable entitlements (e.g., minor design review). In all cases, permanent outdoor seating shall be consistent with the development standards of this chapter. 1. Required findings for approval of outdoor seating. The designated approving authority may issue a site development review approval(section 17.16.100)if the proposed outdoor seating: a. Allows for a continuous pedestrian path of travel of at least four feet in width and would not obstruct fire,pedestrian, and wheelchair access. b. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware)in the right-of-way. C. Allows for unobstructed view of necessary authorized traffic devices. (Code 1980, § 17.60.020; Ord.No. 855, § 4, 2012; Ord.No. 961, § 2, 2019) 17.60.030 Development, operation, and maintenance. A. General development standards for all activities. The development standards listed below apply to all outdoor display, sales, and storage activities. 1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designated vehicle drive aisles,or within required landscape planter areas only where permitted with the issuance of an encroachment permit, or in accordance with the requirements of a minor use permit,pursuant to the requirements of section 17.16.120 (Minor use permit) or a temporary use permit, pursuant to the requirements of section 17.16.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the building code. 2. Hours of operation.Except as otherwise provided,hours of operation for outdoor activities shall be consistent with those for the corresponding primary use. 3. Noise.Any noise generated by the outdoor activity shall comply with the city's noise ordinance. 4. Signs.No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in chapter 17.74 (Sign Regulations for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot). 5. Maintenance.Outdoor activity areas shall be kept free of garbage and other debris,and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet or such greater amount of clear space as the public works director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area. B. Standards for outdoor display and sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: 1. Associated with the primary use.All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold,or displayed.All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such. 2. Maximum area.Unless otherwise authorized by a minor use permit,the area used for permanent outdoor display and sales of materials shall not exceed ten percent of the gross floor area of the corresponding commercial or mixed-use building.Vehicle and equipment sales and rentals(e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other Development Code requirements are satisfied. 3. The aggregate display area shall not exceed 25 percent of the linear frontage of the store front or six linear feet,whichever is greater and items may not project more than four feet from the store front. 4. No item,or any portion thereof, shall be displayed on public property;provided,however,items may be displayed within the public right-of-way if an encroachment permit has first been procured from the city. 5. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 6. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. C. Standards for outdoor storage. The following development standards shall apply to all permanent and temporary outdoor storage activities: I. Location. Outdoor storage may not be located within any required front or street side yard for the applicable zone within which the activity is located. 2. Height limitation.The height of stacked materials and goods shall be no greater than that of any screening material within 100 feet of street-fronting screens enclosing the storage area, unless specifically stated as a development standard associated with a use. 3. Screening. Screening of outdoor storage shall be consistent with chapter 17.48 (Fences, Walls, and Screening). 4. Parking. Parking for permanent outdoor storage shall be provided as required in chapter 17.64 (Parking and Loading Standards). D. Requirements for outdoor seating. The following development standards shall apply to all permanent outdoor seating: 1. Permittee to ensure maintenance. The permittee shall be responsible for, and exercise reasonable care in, the inspection, maintenance, and cleanliness of the area affected by the outdoor seating,including any design requirements hereafter enacted,from the building frontage to the curb. 2. Permittee to ensure compliance.The permittee shall restrict the outdoor seating to the approved location and ensure compliance with all applicable laws including laws against blocking the public right-of-way,health and safety laws,public cleanliness laws,and laws regulating sale and public consumption of alcohol. 3. Parking. When the planning director finds that the proposed additional seating would lead to new parking demand that exceeds available supply because of the amount of outdoor seating, he/she may require off-street parking for the outdoor area devoted for the outdoor seating at the rate required for interior floor area for food service establishments in the zone. (Code 1980, § 17.60.030; Ord.No. 855, § 4, 2012; Ord.No. 867, 2014) Chapter 17.62 NONCONFORMING USES, STRUCTURES, AND LOTS 17.62.010 Purpose. This section is intended to limit the number and extent of nonconforming uses by regulating their enlargement,reestablishment after abandonment, and alteration or restoration after destruction of the structures they occupy. This section is also intended to limit the number and extent of nonconforming structures by prohibiting their movement, alteration, or enlargement in a manner that would increase the discrepancy between existing conditions and the standards currently prescribed in this Code. (Code 1980, § 17.62.010; Ord.No. 855, § 4, 2012) 17.62.020 Continuation and maintenance. A. A use lawfully operating on a property or within a building/structure or on a property that does not conform with the use regulations or the site development regulations for the district in which the use is located shall be deemed to be a nonconforming use and may be continued to operate, except as otherwise limited in this section. B. A building/structure lawfully occupying a site that does not conform with the standards for front yard, side yards, rear yard, height, coverage, distances between structures, and parking facilities for the district in which the structure is located shall be deemed to be a nonconforming structure and may be used and maintained, except as limited provided in this section. C. Routine maintenance and repairs may be performed on a nonconforming use or structure.(Code 1980, § 17.62.020; Ord.No. 855, § 4, 2012) 17.62.030 Alterations and additions to nonconforming uses and structures. A. No nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or any other structure or site which it did not occupy at the time it became a nonconforming use,or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this section. 1. A nonconforming residential structure may be enlarged, altered or renovated in a manner which decreases the degree of nonconformity or does not increase the degree of nonconformity, provided that such enlargement, alteration,or renovation does not violate any other provision of this title. B. No nonconforming structure shall be altered or reconstructed that results in an increase of the discrepancy between existing conditions and the standards for front yard,side yards,rear yard,height of structures, distances between structures, and parking facilities as prescribed in the regulations for the district in which the structure is located except as permitted in this section. (Code 1980, § 17.62.030; Ord.No. 855, § 4, 2012) 17.62.040 Discontinuation of nonconforming use. Whenever a nonconforming use has been replaced by a conforming use or has been discontinued for a continuous period of 180 days or more,the nonconforming use shall not be reestablished, and the use of the building/structure or property thereafter shall conform with the current regulations for the district in which it is located,provided that this section shall not apply to nonconforming dwelling units. Discontinuation shall include termination of a use regardless of intent to resume the use. (Code 1980, § 17.62.040; Ord.No. 855, § 4, 2012) 17.62.050 Change of nonconforming use. The planning director may consider and approve, or conditionally approve, a request to change a nonconforming use to a different nonconforming use,provided that: A. There is no new building/structure proposed beyond any existing building/structure on the property. B. The different nonconforming use is not of greater intensity or type resulting in an increase in: traffic, noise, odor, lighting, residential dwelling units, the need for additional parking, , and improvements required to ensure compliance with building and fire Codes; and C. A minor use permit is obtained. (Code 1980, § 17.62.050; Ord.No. 855, § 4, 2012) 17.62.060 Restoration of a damaged structure. A. An involuntarily damaged or destroyed nonconforming single- or multi-family dwelling unit may be reconstructed or replaced with a new structure within the same footprint (including pre-existing nonconforming setbacks),height, and number of dwelling units,in compliance with current building and fire code requirements. B. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to its nonconforming condition and the nonconforming use continued. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure, as it existed prior thereto.Estimates for this purpose shall be made by,or shall be reviewed and approved by, the building official and shall be based on the minimum cost of construction in compliance with the building code. C. Any reconstruction,restoration,or rebuilding undertaken pursuant to this section shall conform to all of the following: 1. Reconstruction shall start within one year from the date of the damage, and such reconstruction shall be diligently pursued to completion. 2. Rebuilding/restoration of a nonconforming use or structure shall require the issuance of a minor use permit. 3. The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding. 4. Any more restrictive local building standards authorized pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and Safety Code, as those standards were in effect at the time of reconstruction,restoration, or rebuilding. 5. The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures. 6. Local zoning ordinances, so long as the pre-damage size and number of dwelling units are maintained. 7. Architectural regulations and standards, so long as the pre-damage size and number of dwelling units are maintained. D. The reconstruction,restoration,or rebuilding of a single-or multi-family dwelling may be prohibited if it is determined that: 1. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. 2. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted,or that there no longer exists a zone in which the existing nonconforming use is permitted. 3. The building is located in an industrial zone. E. With respect to other development, whenever a structure which does not comply with the standards for front,side,and rear yards;height of structures;distances between structures; and parking facilities as prescribed in the regulations for the zone in which it is located, is destroyed by fire or other calamity,by act of God, or by the public enemy to the extent of 50 percent or less, the structure may be restored and the nonconforming use may be resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds 50 percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the zone in which it is located, and the nonconforming use shall not be resumed. 1. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure, as it existed prior thereto.Estimates for this purpose shall be made by or shall be reviewed and approved by the building official and shall be based on the minimum cost of construction in compliance with the building code. 2. Alteration, expansion, or restoration of a nonconforming use or structure shall require the issuance of a minor use permit. (Code 1980, § 17.62.060; Ord.No. 855, § 4, 2012) 17.62.070 Nonconforming Lots. A nonconforming lot may be used, developed, or improved subject to the following: A. A nonconforming lot shall only be allowed those uses that are permitted by the underlying zone and such uses shall be subject to all other provisions of this title. For exceptions, see nonconforming uses in subsection 17.62.030 (Alterations and additions to uses and structures). B. A nonconforming lot may be developed or improved provided that the nonconforming lot was legally created and the development or improvement and uses conforms to all provisions of the Development Code, including the standards of the applicable zone, with the exception of the nonconforming lot size, dimension or configuration. C. Nonconforming lots may be merged and/or reconfigured with conforming or nonconforming lots to create the same or fewer number of lots but which conform more closely to the applicable standards of the underlying zone subject to all other provisions of this title. Chapter 17.64 PARKING AND LOADING STANDARDS 17.64.010 Purpose. This chapter establishes parking, loading, and bicycle parking regulations in order to provide for safe, attractive, and convenient parking and to ensure that parking areas are compatible with surrounding land uses. (Code 1980, § 17.64.010; Ord.No. 855, § 4, 2012) 17.64.020 Applicability. The regulations contained in this chapter shall apply to the construction, change, or expansion of a use or structure and shall require that adequate parking spaces, loading areas, and bicycle parking areas are permanently provided and maintained for the benefit of residents, employees, customers, and visitors, within or outside of buildings or in a combination of both,in accordance with the requirements listed in this chapter. These requirements shall be in addition to any other development requirements contained elsewhere within the zoning code (e.g., landscaping). Off-street parking and loading requirements of this chapter shall be recalculated as listed below. A. New uses and structures. 1. For all buildings or structures erected and all uses of land established after the effective date of this title, parking for vehicles and bicycles, and loading facilities shall be provided as required by this chapter. 2. For all new multi-family residential, commercial, mixed-use, office, and industrial developments, electric vehicle charging stations (or infrastructure to enable/support them) shall be provided as required by Section 17.64.120 (Electric vehicle parking requirements) of this chapter. B. Modification to existing structures. Whenever an existing building or structure is modified such that it creates an increase of more than ten percent in the number of parking spaces required,additional parking spaces shall be provided in accordance with the requirements of this chapter. (Code 1980, § 17.64.020; Ord.No. 855, § 4, 2012) 17.64.030 Permit and plan check requirements. New parking lots and modifications or expansions to existing parking lots require the following entitlements: A. Building permit. New parking lot design and modifications to existing parking lots in conjunction with a substantial change in use to an existing structure shall be reviewed in conjunction with the building permit and any other land use or development permit. B. Site development review. Modification or improvements to an existing parking lot that impact the parking space layout,configuration,vehicular or pedestrian circulation,emergency vehicle/fire access lanes, number of stalls, or landscape planters shall require a site development review. Plans shall include any proposed traffic calming devices or measures such as speed bumps that will be placed in emergency vehicle/fire access lanes. C. Exempt activities.Parking lot improvements listed below shall be considered minor in nature if they do not alter the number or configuration of parking stalls and therefore exempt from plan check requirements located in section 17.16.030 (Plan Check/Zoning Clearance). However, exempt activities listed herein may require other ministerial permits (e.g.,building permit,grading permit). I. Repair of any defects in the surface of the parking area and general maintenance, including repairs of holes and cracks, and application of a new slurry coat or sealant. 2. Repair or replacement(in the same location) of damaged planters and curbs. 3. Surface paint including restriping of parking spaces,painting of directional information, etc. 4. Work in landscape areas, including sprinkler line repair or replacement of landscape materials, except removal of trees. (Code 1980, § 17.64.030; Ord. No. 855, § 4, 2012; Ord. No. 863 § 4, 2013) 17.64.040 General parking and loading requirements. The layout of parking spaces, loading berths, and parking aisles shall comply with all the requirements listed below. These parking requirements apply to both on- and off-street parking spaces,unless specifically stated otherwise. A. The required parking spaces,loading berths,and parking aisles may not be located on any street right- of-way. B. Parking space and drive aisle dimensions. 1. When outdoors (e.g.,parking lot), each parking space shall have a minimum size of 9 feet wide by 17 feet deep with a required one-foot overhang (e.g., over a curb stop) and shall be free of obstructions such as columns or walls. 2. When indoors or under a shelter(e.g.,parking structure or carport/shade structure), each parking space that is immediately adj acent to any support column,wall,or similar feature shall be 10 feet wide by 20 feet deep. All other parking spaces within the parking structure shall have a minimum dimension as noted in B.1 above. 3. Each loading berth shall be a minimum size of 12 feet by 30 feet whether indoors or outdoors. 4. When garage parking is required, parking spaces shall be designed in a side-by-side configuration with a minimum of 10 feet wide by 20 feet deep for each required parking space free and clear of obstructions. 5. Parking aisles and spaces shall meet the dimensional requirement of Table 17.64.040-1 (Angled Parking Space and Drive Aisle Dimensions) and Table 17.64.040-2 (Parallel Parking Space and Drive Aisle Dimensions) and the related Figures 17.64.040-1 and 17.64.040-2. 6. All parking stalls shall be permanently maintained with double lines, with two lines located an equal of nine inches on either side of the stall sidelines. TABLE 17.64.040-1 ANGLED PARKING SPACE AND DRIVE AISLE DIMENSIONS Angle Stall Width a Stall to Curb b Aisle c Two Rows +Aisle d 900 9'-0" 18'-0" 24'-0" (1) 63'-0" 9'-6" 18'-0" 24'-0" (1) 62'-6" lo'-off 18'-0" 24'-0"(1) 62'-0" 600 9'-0" 21'0" 20'-0"(1) 62"-0" 9'-0" 21'-0" 19'-0"(,) 61'-0" 9'-6rr 21'-3rr 18'-6rr 0 61'-0" 10'-0" 21'-6rr 18'-0"(2) 61'-0" 450 9'-0" 19'-10" 20'-0"(1) 59'-8rr 9'-0" 19'-10" 16'-4rr(2) 56'-0" 9'-6rr 20'-2rr 15'-2rr(2) 55'-6rr 10'-0" 20'-6rr 14'-0"(2) 55'-0" Table notes: (1) Two-way aisle. (2) One-way aisle. FIGURE 17.64.040-1 ANGLED PARKING SPACE AND DRIVE AISLE DIMENSIONS (placeholder) TABLE 17.64.040-2 PARALLEL PARKING SPACE AND DRIVE AISLE DIMENSIONS Stall Width a Stall Length b Aisle c Two Rows +Aisle d 9rr-6' 24rr-Or 12rr-0rl 31' Table notes: (1) One-way aisle. FIGURE 17.64.040-2 PARALLEL PARKING SPACE AND DRIVE AISLE DIMENSIONS (placeholder) C. Parking spaces and aisles shall have a maximum grade of seven percent. D. Each parking space and aisle shall have a minimum eight-foot vertical clearance. E. Each loading berth and access thereto shall have a minimum 15-foot vertical clearance. F. Each parking space and loading berth shall have vehicular access to the street, without passing over other parking spaces,unless as specifically allowed as tandem parking spaces. G. Neither a required side yard abutting a street nor a front yard shall be used for off-street parking. (Code 1980, § 17.64.040; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013; Ord.No. 863 § 4, 2013) 17.64.050 Number of parking spaces required. A. The following number of parking spaces shall be required to serve the uses or buildings listed, as established in Table 17.64.050-1 (Parking Requirements by Land Use).Multiple tenants in abuilding or on a site or multiple property owners may apply for a minor use permit for shared parking pursuant to section 17.64.060 (Reductions in Parking Requirements). Otherwise, all uses in a mixed- use project must provide the sum of the requirements for each individual use. Shopping center parking is calculated based on square footage, as established in Table 17.64.050-1 (Parking Requirements by Land Use).In addition,the requirements listed below shall apply. 1. "Square feet"means "gross square feet"and refers to the sum gross square feet of the floor area of a building and its accessory buildings unless otherwise specified. 2. Where the number of seats is listed to determine required parking, seats shall be construed to be fixed seats. Where fixed seats provided are either benches or bleachers,one seat shall be construed to equal 18 linear inches for pews and 24 inches for dining,but in no case shall seating be less than determined as required by the building code. 3. When the calculation of the required number of off-street parking spaces results ina fraction of a space,the total number of spaces shall be rounded up to the nearest wholenumber. 4. Where private streets are proposed for residential development,resident and guest parking shall be provided as determined by the approving authority in conjunction with the required planning entitlement(s). 5. For development within form-based commercial, and industrial zones, the floor area for the following may be deducted from the gross square footage for parking requirement calculations: a. Hallways delineated by physical walls between offices; b. Areas dedicated to the storage of materials and equipment that is necessary/used during the regular business operations of a use; C. Areas occupied by automated equipment related to the regular business operations; of a use; d. Areas for equipment and infrastructure related to: computer/data/networking, electrical, mechanical, and plumbing, and/or fire suppression necessary for the functioning of the non-business operations of a building/use; or, e. Miscellaneous areas such as elevator shafts,stairwells,bathrooms, employee dining rooms, employee locker rooms,and storage closets. 6. For all warehouse/storage/e-commerce uses in the industrial zones, the established minimum parking requirements are intended targets. Reductions in the amount of required parking appropriate for a specific use(s) may be approved by the approving authority based on the approval of a parking management plan as well as through the conditional use permit and master plan processes, as applicable. See footnote in Table 17.14.060-1 (Approving Authority for Land Use Entitlements). TABLE 17.64.050-1 PARKING REQUIREMENTS BY LAND USE Use Spaces Notes Residential Single-family detached dwellings 2 per unit 2 in garage Multi-family development(condominium,townhome,etc.), semi-detached single-family(zero lot line,patio homes, duplexes,etc.),and mobile home parks(i) -Studio 1.3 per unit 1 in garage or carport -One bedroom 1.5 per unit 1 in garage or carport -Two bedrooms 2 per unit 1 in garage or carport -Three bedrooms 2 per unit 2 in garage or carport -Four or more bedrooms 2.5 per unit 2 in garage or carport <50 units: 1 per 3 units -visitor parking(additional required) >50 units: 1 per 5 units Use Spaces Notes Commercial,Mixed Use,Service, and Office Uses Shopping centers -Less than 25,000 square feet 4 per 1,000 sf -25,000 to 599,000 square feet 5 per 1,000 sf Centers built prior to 1988 4.5/1,000 -599,000 to 1,000,000 square feet 5.5 per 1,000 sf or a parking Centers built prior to 1988 study may be provided require 4.5/1,000 Additional applied to floor -Food service(if over 15%of GLA)(2) +1 per 100 sf area of food service use -Cinemas in centers less than 100,000 square feet(occupying +3 per 100 seats less than 10%of GLA)(2) -Cinemas in centers of 100,000 to 200,000 square feet, +3 per 100 additional parking only required after the first 750 seats -Offices(if over 10%of GLA)(2) Parking study required. - -Shopping center over 1,000,000 square feet - Parking study required Carwash and detail(full-service) 16 stalls Carwash-self-service(coin-operated)and automated drive-thru 2.5 per wash bay Service station(fuel pumps and/or EV chargers only) None required except for the spaces at the pumps/chargers Spaces at pumps/chargers -with a convenience store 3.0 per 1,000 sf of may be used to fulfill this convenience store floor area requirement In addition to the spaces -with food service(with indoor dining) 4 per 1,000 sf required for the convenience (dining floor area) store and/or auto service -with auto service(vehicle repair,oil change,etc.) In addition to the spaces 2 per auto service bay required for the convenience store and/or food service Haircare,nail salons,massage,tattoo 4 per 1,000 sf Laundromats and/or dry cleaners 4 per 1,000 sf General offices,financial institutions,retail stores,maker spaces 4 per 1,000 sf When not in a shopping center Commercial storage yards(e.g.,contractors,salvage) 6 spaces Separated from enclosed storage area Includes area of open area Lumber yard 4 per 1,000 sf devoted to display of lumber and other products Mortuaries and funeral homes 1 per 35 sf Applies only to the assembly room floor area Motels and hotels 1 per room/unit+2 spaces for motel/hotel manager Use Spaces Notes Customer parking(additional Vehicle sales,repair,service 2.5 per 1,000 sf spaces needed for vehicle storage related to business operations) Furniture and appliance stores 2 per 1,000 sf Day cares/preschools 1 per employee+ 1 per 5 children Storage for utility-owned Public utility uses and operations 1 per 2 employees(2 vehicles must also be minimum) provided for Commercial Recreation Uses Bowling alleys and/or billiard halls 5 per alley and/or 2 per table Stables 1 per 5 horses Driving ranges 1 per tee Additional parking required for related uses on site Golf courses 6 per hole Additional parking required for related uses on site Miniature golf course 3 per hole Additional parking required for related uses on site Includes related uses and all Skating rinks 5 per 1,000 sf indoor and outdoor"active" areas Includes related uses and all Swimming pool(commercial) 5 per 1,000 sf indoor and outdoor"active" areas Tennis,handball,racquetball,and other facilities requiring a 3 per court Additional parking required court for related uses on site Health clubs and other fitness related facilities 5 per 1,000 sf Educational Uses Elementary and junior high schools 2 per classroom Senior high school 1 per employee+ 1 per 6 students Colleges,universities(public and private) 1 per 2 employees+ 1 per 3 students Commercial schools(technical/vocational,business colleges, 1 per student+ 1 per faculty etc.) Medical/Health Uses Dental,medical,veterinary offices/clinics 5 per 1,000 sf Congregate care facilities(e.g.,nursing homes,residential care, 1 per 4 beds Based on resident capacity memory care) Hospitals 1.75 per bed Places ofAssembly Use Spaces Notes Restaurants,bars,and night clubs 10 per 1,000 sf Not within shopping centers Fast-food,quick service,and fast casual restaurants 10 per 1,000 sf Not within shopping centers Auditoriums,sports arenas,stadiums 1 per 3 seats or 1 per 35 sf of seating area Movie theater-single screen 1 per 3 seats Not within shopping centers Movie theaters-multi-screen 1 per 4 seats Not within shopping centers 1.5 linear feet on a bench is 1 per 3 seats or equivalent to 1 seat;schedule Other places of assembly(e.g.,churches) 1 per 35 sf of main of activities and/or parking auditorium/sanctuary study may be required Industrial, Warehousing,and Manufacturing(3)(4) 1 per 1,000 sf for first 20,000 Warehouse/storage sf, 1 per 2,000 sf for the next 20,000 sf,and 1 per 4,000 sf for the remaining sf If the facility runs more than one shift a day,employee E-commerce distribution(includes distribution/fulfillment 1 space per 1.5 warehouse or count will be based on the two centers and parcel sorting facilities production workers. largest shifts and 1 space per 300 sf of administration office. Industrial/manufacturing 2 per 1,000 sf Research and development 3 per 1,000 sf Office(s)for operations and administration 4 per 1,000 sf Multi-tenant buildings(office less than 35 percent GLA) 2.5 per 1,000 sf Indoor wholesale/retail commercial 4 per 1,000 sf Table notes: 0) Fifty percent of the total required covered spaces shall be within enclosed garage structures.The use of carports requires approval from the design review committee. P) GLA is gross leasable area. (3) See section 17.64.100.D.4(Trailer parking required)for trailer parking requirements. (4) See section 17.64.120(Electric vehicle parking requirements)for electric vehicle parking requirements. B. Uses not listed. Other uses not specifically listed in this section shall furnish parking as required by the designated approving authority in determining the off-street parking requirements. The approving authority shall be guided by the requirements in this section generally and shall determine the minimum number of spaces required to avoid interference with public use of streets and alleys. (Code 1980, § 17.64.050; Ord.No. 855, § 4, 2012; Ord.No. 863 § 4, 2013) 17.64.060 Reductions in parking requirements. The number of parking spaces specified for a new development and/or use is established in section 17.64.050 (number of parking spaces required). This section establishes alternatives to providing required on-site parking subject to specific requirements. These include in order of importance allowing for shared parking,providing parking off-site,or reductions in the overall required number of parking spaces. A. Shared parking. In order to encourage efficient use of parking spaces and consistency with best design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parkingperiod. 1. Minor use permit for shared parking. A Minor use permit may be approved for shared parking facilities serving more than one use on a site or serving morethan one property. The minor use permit may allow for a reduction of the total numberof spaces required by this chapter if the following findings are made: a. The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided. b. The efficiency of parking provided will equal or exceed the level thatcan be expected if parking for each use were provided separately. 2. Shared parking agreement.A written agreement between the landowners and in some cases the city that runs with the land shall be filed,in a form satisfactory to the cityattorney, and include: a. A guarantee that there will be no substantial alteration in the uses that willcreate a greater demand for parking without application for approval of an amended minor use permit. b. A reciprocal grant of nonexclusive license among the business operator(s)and the landowner(s)for access to and use of the shared parking facilities. C. Evidence that the agreement has been recorded in the county recorder's office. B. Mixed use parking. All mixed-use projects shall include a parking study prepared by a qualified traffic/parking consultant that demonstrates how proposed land uses utilize the parking spaces that are required per section 17.64.050. Parking studies are subject to review and acceptance by the director of engineering services/city engineer and planning director, and an independent peer review consultant. 1. The parking study shall include a discussion of the following options for a reduction of required parking,including,but not limited to: a. Shared parking that may be provided in accordance with section 17.64.060 B; b. State density bonus that may be provided in accordance with chapter 17.46; C. Tandem parking that may be counted towards the required parking calculation. 2. The parking study shall include a parking management plan, that the city require the developer, management and/or owner of the development/use to implement, that contains the following provisions including,but not limited to: a. Periodic evaluation of the parking management plan to ensure that it continues to address any parking issues on- and off-site and that on- and off-site conditions are consistent with the analysis of the parking study; b. Monitoring with periodic inspections by the property owner,property owners' association, or property management to ensure that all parking areas are used exclusively for that purpose. These inspections may occur jointly with the city at the discretion of the city; C. Prohibition of non-vehicle related storage in a garage and measures to ensure that such storage only occurs within the dwelling unit associated with the garage unless restricted by the property owner. Measures to prevent storage in a garage include restrictions in the tenant lease,periodic inspections, and windows on garages to facilitate visual inspection; d. Property owner,property owners' association, or property management enforcing a limitation on the number of vehicles per dwelling unit; e. Day (i.e., days of the week) and time restrictions on the use of guest parking; f. Creation of parking permit district off-site and parking permit programs on-site by the property owner,property owners' association, or property management; and g. Alternative solutions for physically providing parking spaces on-site including converting single-stall spaces to tandem spaces,installing parking lifts, methods to prevent parking in spaces by non-residents of the development, and shuttles and valet services that cater to users within the development. 3. Implement a car/bicycle share program in which vehicles/bicycles are made available for shared use to individuals on a short-term basis; and 4. Off-site parking may be provided in accordance with section 17.64.060.G. (Code 1980, § 17.64.060; Ord. No. 855, § 4, 2012; Ord. No. 881 § 4, 2015; Ord.No. 938 § 9, 2018) C. Off-site parking. Where on-site parking for a new development or use is not feasible or practical, off-premises parking may be provided subject to the standards established in this subsection. All distances specified shall be between the nearest property line of such parking facilities to the nearest property line of the site of the development/use being served. 1. Pedestrian access between the site of the development/use and the off-premise parking area shall have the following features: a. A paved sidewalk or walkway connecting the new development/use with the shared parking area; b. Pedestrian-oriented lighting that illuminates the entire length of the sidewalks/walkways; and C. Trees and/or shade structures along the entire length of the sidewalks/pathways. 2. The developer, management, and/or owner of the development/use requesting off-site parking shall be responsible for the financing,construction,and maintenance of the above-noted features. 3. The pro]ect developer and/or property owner of the subj ect site shall provide a recorded parking agreement describing who the intended users of the off-site parking will be and reflecting the arrangement with the owner of the other site in accordance with section 17.64.060.B. 4. If the off-site parking facility is shared, the director may allow a reduction in the following manner: a. The reduction in number of required parking spaces shall be based on a parking demand study. The parking demand study shall be in accordance with established professional practices and prepared by a qualified parking consultant or traffic engineer. b. The shared parking arrangement shall require a recorded covenant running with the land, defining the location of the shared parking area in accordance with section 17.64.060.B. 5. Required parking may be provided in off-street parking facilities on another property within 600 feet of the site proposed for the development/use. 6. Off-site parking facilities for a non-residential use shall not be located in a residential zone. 7. Off-site parking facilities for a residential use may be located in a non-residential zone. D. Other parking reductions.Required parking for any use except a single-family dwelling, accessory dwelling unit, or two-family dwelling may be reduced through approval of a minor exception by the planning director if it is demonstrated that required on-site parking,shared parking,or off-site parking are not possible. Required parking may be reduced with approval of a conditional use permit for all new industrial uses in the Neo-Industrial (NI) and Industrial Employment(IE) Zones. I. Criteria for approval.The approving authority will only grant a minor use permit ora conditional use permit for reduced parking if it is determined that the pro]ect meets all of the minor use permit criteria in section 17.16.120 (Minor use permits) or the conditional use permit criteria in section 17.20.060 (Conditional use permit), and that three or more ofthe circumstances listed below are true. a. The use will be adequately served by the proposed parking due to the nature of the proposed operation;proximity to frequent transit service;transportation characteristics of persons residing,working, or visiting the site; or because the applicant has undertaken a travel demand management program thatwill reduce parking demand at the site. b. Parking demand generated by the project will not exceed the capacity of orhave a detrimental impact on the supply of on-street parking in the surrounding area. C. The site plan is consistent with the objectives of the zone and incorporates features such as unobtrusive off-street parking placed below the ground level of the pro]ect with commercial uses or mixed uses above or enclosed parking on theground floor. d. The applicant has provided on-site parking for car-share vehicles via a recorded written agreement between the landowner and the city that runs with theland. Agreement shall provide for proof of aperpetual agreement with a car-shareagency to provide at least one car share vehicle on-site. 2. Application submittal requirements. In order to evaluate a proposed project's compliance with the above criteria,the following shall be submitted: a. A parkingdemand study,prepared by a qualified parking consultant or traffic engineer, that substantiates the basis for granting a reduced number of spaces; b. A parking management plan,prepared by a qualified parking consultant or traffic engineer; C. A description of the community benefit as described in section 17.12.040 that will be provided as a result of the requested parking reduction; d. A spreadsheet and/or a map providing an inventory of all existing or proposed parking spaces; e. Documentation of the number of adult tenants per apartment unit identified by bedroom count only; and f. Documentation of how on-site parking restrictions will be enforced to ensure they are used for daily parking needs by assigned tenants and their guests and not, for example, for storage purposes. 3. Approval. The above documents shall require the review and approval by the planning director, engineering director, and,if necessary, the planning commission and city council. 4. Access to transit. Total parking requirements for commercial or mixed-use developments along Foothill Boulevard and Haven Avenue may be reduced if located within'/4 mile from an existing transit stop. E. Industrial use parking—"land banking". 1. If the final end-user has not been determined for an industrial development for which entitlements are requested pursuant to the provisions of this Code, and the parkingand loading demand characteristics for the use are unknown,the anticipated maximum amount of employee, truck, and trailer parking specified in Table 17.64.050-1 (Parking Requirements by Land Use) shall be determined. In addition, the director may require thesubmittal of aparking and loading demand study to be prepared by the applicant or by thecity and funded by the applicant. Such a study shall estimate the parking demand for thelikely proposed use(s) including a worst case scenario based on the recommendations ofthe Institute of Traffic Engineers,Urban Land Institute, the American Planning Association,or other acceptable source of parking demand data for uses and/or combinations of usesof comparable activities, scale,bulk, area, and location. 2. The applicant shall submit a site plan acceptable to the director showing how all the parking for employees, trucks, and trailers will be provided on the site in compliance with the applicable requirements of this chapter. However, if the director determines that not all of the parking is required for the final proposed use(s), then subject to the provisions of section 17.14.100 (Modification), the excess "land banked"parking may be identified on the approved site plan and not constructed until such time as the parking is required for a future use(s). These areas shall be set aside as open space and landscaped in sucha manner that they will not be used for parking.In addition, a binding covenant or other legal agreement in a form acceptable to the city attorney shall be submitted and signed by the property owner and tenant guaranteeing that the reserved open space will be constructed for employee, truck or trailer parking if a change to a more parking-intensive use occurs. 3. The applicant shall conduct a study of actual parking use to be carried out by a qualified consultant at the time of change of tenancy or within three years after the facilityis fully occupied and the use established or at other such earlier time as deemed necessary by the director due to observed parking deficiencies or traffic queuing. The parking study shall be subject to approval by the director. The city may require constructionof some or all of the additional parking if the parking study demonstrates need. If the ownerfails to comply, the city may, but shall not be obligated to,undertake construction of the required additional parking. Any costs and expenses incurred by the city shall be the responsibility of the owner. (Code 1980, § 17.64.060; Ord.No. 855, § 4, 2012; Ord.No. 881 § 4, 2015; Ord.No. 938 § 9, 2018) 17.64.070 Parking management plan. A. Purpose. This section provides regulatory standards governing the requirements of parking management plans in the Neo-Industrial(NI) and Industrial Employment(IE) Zones. The purpose of the plan is to minimize traffic, manage on-site circulation, and effectively allocate parking needs for each industrial site. B. Applicability. A parking management plan shall be provided as part of a comprehensive effort for establishing employee, guest, truck, and trailer parking in a new industrial development within the Neo-Industrial(NI) and Industrial Employment(IE) Zones and how those spaces are managed. C. Parking management plan. A parking management plan shall be processed as a part of the site development review,subject to approval of the planning commission. The plan shall comply with the following: I. The parking management plan shall be based on a parking study documenting parking demand beyond the minimum allowance in Table 17.64.050-1 (Parking Requirements by Land Use). 2. The parking management plan shall identify the location of specific parkingfacilities and the number of parking spaces in such facilities that are available to meet theparking demand of the new development. 3. Parking identified on the plan shall be delineated as being reserved for employees,guests, trucks, or trailers, and whether other access control measures are used to ensurethe availability and enforcement of the plan as well as on-site vehicle circulation. 4. The parking analysis shall demonstrate that parking for all users is provided,identifying existing supply and demand for similar uses and what will be provided on site. 5. The owner or manager designee of a development approved under the parking management plan shall provide an accurate and current record of the uses and parking allocation for the development. The planning director may require this record to be provided or updated annually if it is determined that parking for the proposed use is impacting adjacent streets, and when the owner applies for a change in use or development plan review for the subject site. 17.56.080 Parking requirements for the disabled. A. Number of spaces, design standards. Parking spaces for the disabled shall be provided in compliance with the building code and state and federal law. B. Reservation of spaces required. The number of disabled accessible parking spaces required by this chapter shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use. C. Compliance with overall parking requirements. The number of disabled accessible parking spaces may used to fulfill the overall requirement for a development/use. D. Upgrading of markings required. If amendments to state or federal law change standardsfor the marking, striping, and signing of disabled access parking spaces, disabled accessible spaces shall be upgraded in the time and manner required by law.(Code 1980, § 17.64.070;Ord.No. 855, § 4,2012) 17.64.090 Parking and driveway design and development. A. Surface parking area. All surface parking areas shall have the following improvements: 1. Each required parking space and aisle shall be graded, drained, and surfaced so as to prevent dust,mud,or standing water and shall be identified by pavement markings,wheel stops,entrance and exit signing,and directional signs,to the satisfaction of the engineering director and planning director. All new parking spaces shall be painted with double stripe pavement markings. 2. Lighting, giving a ground-level illumination of one to five lumens, shall be provided in the parking area during the time it is accessible to the public after daylight.Lighting shall be shielded to prevent glare on contiguous residential properties. 3. Where parking areas abut a street, they shall be screened by an ornamental fence, wall, or compact evergreen hedge having a height of not less than two feet and maintained at a height of not more than four feet. Such fence,wall, or hedge shall be maintained in good condition. 4. Parking spaces shall be marked and access lanes clearly defined. Bumpers and wheel stops shall be installed, as necessary. 5. Landscape materials are permitted to overhang the curb/wheel stop creating a reduction in impervious surface material. 6. Parking areas shall be located behind or to the side of buildings, in compliance with parking location requirements of the applicable zone. Parking lots are prohibited between the building and the front and street side property line. B. Driveway location standards. Development projects located at intersections shall be constructed in accordance with appropriate technical requirements as determined by the city. C. Driveway size and composition. All residential driveways shall be a minimum of 19 feet in length and shall be paved with concrete, asphalt, grasscrete, or similar material and shall be constructed to appropriate requirements as determined by the city.(Code 1980, § 17.64.080;Ord.No.855, §4,2012; Ord.No. 860 § 4, 2013) 17.64.100 Loading area requirements. A. Required loading spaces for delivery and distribution. A building, or part thereof, having a floor area of 10,000 square feet or more that is to be occupied by any use requiring the receipt or distribution by vehicles or trucks of material or merchandise must provide at least one off-street loading space, plus one additional such loading space for each additional 40,000 square feet of floor area. The off- street loading space(s) shall be located behind or to the interior side of buildings, and screened from public view. The off-street loading space(s) must be maintained during the existence of the building or use it is required to serve. Truck-maneuvering areas must not encroach into required parking areas, travelways, or street rights-of-way (see Figure 17.64.100-2 (Loading Areas for Delivery)). B. Required loading spaces for customers. Customer loading spaces allow bulky merchandise to be loaded into customers' vehicles. For uses that sell bulky items (furniture, appliances, home improvement sales, etc.), at least two customer loading spaces per business establishment or one customer loading space per 40,000 square feet of floor area, whichever is greater shall be provided. Customer loading spaces shall be located adjacent to the building or to an outdoor sales area where bulky merchandise is stored. Customer loading spaces shall be clearly visible from the main building entry.Directional signage visible from the main entry shall direct customers to these areas. Customer loading spaces shall not be located in such a way that they impede on-site traffic circulation, as determined by the director of engineering services/city engineer or encroach into designated emergency vehicle/fire access lanes as determined by the fire chief(see Figure 17.64.100-1 (Customer Loading Areas). C. Required loading spaces for industrial uses. All industrial uses shall provide a minimum of one loading space per proposed loading bay. For every 10 loading bays proposed, a minimum of one on- site truck queuing space must be provided. Each on-site truck queuing space shall be a minimum of nine feet in width and 65 feet in length and shall be included on the circulation management plan if required by the approving authority. The truck queuing spaces shall be grouped together in a designated area with clear access to loading bays. The entrance gate to all industrial buildings shall be a minimum of 135 feet from the public right-of-way. Loading spaces shall be located behind or to the interior side of industrial buildings and be screened from public view. Alternative queuing standards less than the minimum required may be considered by the approving authority with a master plan and the development of an approved parking management plan. D. Requirements for off-street loading spaces. 1. Minimum size. Each off-street loading space required by this section must be not less than 12 feet wide, 30 feet long, and 15 feet high, exclusive of driveways for ingress and egress and maneuvering areas. Loading spaces for customers may be 12 feet wide,26 feet long, and 12 feet high. 2. Driveways for ingress and egress and maneuvering areas.Each off-street loadingspace required by this section must be provided with driveways for ingress and egress and maneuvering space adequate for trucks,per city standards. 3. Location of loading areas.An off-street loading space (excluding loading spaces for customers) required by this section must not be located closer than 30 feet to any lot or parcel of land in a residential district, unless such off-street loading space is wholly enclosed within abuilding or on all sides by a wall not less than eight feet in height. Off-street loading spaces shall be located behind or beside buildings and screened from public view with an eight-foot high, solid masonry or other sound-absorbing wall,with landscaping planted between the wall and the right-of-way. 4. Trailer parking required.One parking space for a trailer is required for each loadingdock door. The minimum dimensions of a single trailer parking space is 50 feet in length,14 feet in width, and 14 feet in vertical clearance. Trailer parking spaces shall be located in a designated area located away from the loading bays and paths of travel.All trailer parking areas must be screened according to the provisions of section 17.48.050 (Requirements by land use type) for industrial areas. FIGURE 17.64.100-1 CUSTOMER LOADING AREAS q pw 0 1 0 k 0 tw de m y v"4�4*�fjeAfvk,hwo no"NOY,or x;)n lcjr,,,O sqwumpe "oulAv IVmrnwrr O)p mrton y pp fpZ4,pf,fg(g, ;m,alv Por N roai k f,r?')V v Rr w 1,irerl'f pi 5 "co, rnpo,(Jp c',,n mu,�,yaffic ,wcjulmnfn FIGURE 17.64.100-2 LOADING AREAS FOR DELIVERY a r i` 1 S'N�IrI(fip17 '�,"""wM A u¢rl�i�GlGutit�m ��,� Ak `/ �Glrruula��,�kV�i�usa,�lusol9 Dui Ol 1411 M „AWF i0 a f(gifs+liul¢li"4 ir,l p�J r (Code 1980,§ 17.64.090;Ord.No.855,§4,2012;Ord.No.858§4,2013) 17.64.110 Bicycle parking requirements. A. Applicability.Bicycle parking shall be provided for all new development, additions of ten percent or more of the floor area of existing buildings, and changes in land use classification. Single- family homes, duplexes, and multi-family dwellings of less than four units are exempt. B. Number of required bicycle parking spaces. 1. Short-term bicycle parking. If a land use or project is anticipated to generate visitortraffic, the project must provide permanently anchored bicycle racks within 50 feet of the visitor's entrance. To enhance security, visibility, and functionality, bicycle racks shall be located along active frontages and readily visible to passers-by from the street or from visitor parking areas. The bicycle capacity of the racks must equal an amount equivalentto five percent of all required motorized vehicle parking.There shall be a minimum of onerack with capacity for two bicycles. 2. Long-term bicycle parking. Buildings with over ten tenant-occupants (e.g., multi- family tenants, owners, employees) shall provide secure bicycle parking for five percent of required motorized vehicle spaces, with a minimum of one space. Acceptable parking facilities shall be accessible and visible from the street and include apower outlet for charging electricbicycles and one or a combination of the following: a. Covered, lockable enclosures with permanently anchored racks for bicycles, b. Lockable bicycle rooms with permanently anchored racks, C. Lockable,permanently anchored bicycle lockers. FIGURE 17.64.110-1 REQUIRED BICYCLE PARKING y pwkjdowx bm"rr"'ko G;wvlkww4�rrwe w i i f P/wkwfqRArx'�ar�w Vw rwy¢G�5 �,Rux«E iowPma,+dWiw�idh-;mrlw+ C. Bicycle lockers.Where required bicycle parking is provided in lockers, the lockers must be securely anchored. D. Bicycle racks. Required bicycle parking may be provided in floor, wall, or ceiling racks. Where required bicycle parking is provided with racks, the racks must meet the following requirements: 1. The bicycle frame and one wheel can be locked to the rack with a high-security U-shaped shackle lock if both wheels are left on the bicycle. 2. A bicycle six feet long can be securely held with its frame supported so that the bicycle cannot be pushed or fall in a manner that will damage the wheels or components. 3. The rack must be securely anchored. E. Special requirements for long-term bicycle parking. Mixed-use and high-density residential development have special long-term bicycle parking needs. As such, required spaces for such uses shall be designed and located to maximize security in one or more of the following locations/ways: 1. In a locked room. 2. In an area that is enclosed by a fence with a locked gate. The fence must be either eight feet high or be floor to ceiling. 3. Within view of an attendant, security guard,or employee work area. 4. In an area that is monitored by a security camera. 5. Within a dwelling unit,dormitory, or other group housing unit,live/work unit,or artist's studio. If provided within a unit,racks or lockers are not required. F. Parking and maneuvering areas. Each required bicycle parking space must be accessible without moving another bicycle. There must be an aisle at least five feet wide adjacent to all required bicycle parking to allow room for bicycle maneuvering.Where the bicycle parking is adjacent to a sidewalk, the maneuvering area may extend into the right-of-way. The area devoted to bicycle parking must be hard surfaced. G. Visibility. If required bicycle parking is not visible from the street or main building entrance, a sign must be posted at the main building entrance indicating the location of the bicycle parking. (Code 1980, § 17.64.100; Ord.No. 855, § 4, 2012) 17.64.120 Electric vehicle parking requirements. A. Purpose. In response to the growing demand for electric vehicles (EVs), the charging/support facilities they require, and their contribution to emissions reduction in support of State law, EV charging infrastructure shall be incorporated into all new developments. B. Applicability. EV charging stations (or conduits and wiring for them) shall be required in all new multi-family residential, commercial,mixed use, office, and industrial developments. C. For the purposes of this section: 1. Electric vehicles refers to all vehicles which operate on battery power and recharge from the electrical grid,including plug-in hybrid EVs and battery electric vehicles. 2. EV charging stations come in a variety of designs and are separated into levels based on the amount of electricity that is transferred to a vehicle battery.EV charging stations with increased voltages translate to a faster charging time. The three main categories used to describe EV charging are: a. Level 1. The most basic and inexpensive form of charging,using a standard 120 volt electrical supply to transfer between 1.4 to 1.9 kW of power from the electrical grid to vehicle batteries. b. Level 2. A faster recharging option that uses a 240 volt electrical supply to transfer up to 19.2 kW of power from the electrical grid to vehicle batteries. Because it operates at a higher voltage, Level 2 charging usually requires the purchase and installation of dedicated charging equipment. C. Level 3. DC Faster Chargers. The faster battery recharging option currently available,used primarily to recharge battery electric vehicles. This option uses an electrical supply between 440 to 480 volts to transfer 32 to 100 kW of power from the electrical grid using direct current(DC)to charge vehicle batteries. These chargers are larger and are typically located in publicly available locations near major destinations and/or near major transportation corridors. 3. EV charging stations shall meet the requirements of the California Electrical Code and the CALGreen Code. D. Designated spaces. Outdoor charging of electric vehicles shall only occur in designated electric vehicle spaces, according to the following: 1. Electricity shall only be provided from outdoor electrical outlets installed according to the California Electrical Code. 2. Electric cords shall not cross vehicular or pedestrian pathways. 3. When installed in common parking areas(e.g.,surface parking lots,garages,etc.),the spaces shall be restricted to electric vehicles charging only and identified with signageand pavement markings. E. Electric vehicles in single-family residential zones. 1. For one-and two-family dwelling units and townhouses,all parking spaces shall be EV Installed. 2. When installed, electric vehicle charging in single-family residential areas shall be located as follows: a. Within a garage or carport; b. Outside of setback area;or C. If within a setback area, screened from view of the public right-of-way with landscaping or fencing. (Code 1980, § 17.64.110; Ord.No. 855, § 4, 2012) F. Electric vehicles for Multifamily uses. 1. 15 percent of parking spaces shall be EV Ready and an additional 5 percent shall be EV Installed. G. Electric vehicles for Office uses. 1. A minimum of 10% of parking spaces shall be EV Ready and an additional 5 percent shall be EV Installed. H. Electric vehicles in Industrial Zones. 1. A minimum of 10 percent ofrequiredparking in all new developments within the Industrial Zones for employees and guests shall be reserved for electric vehicles and shall conform to the standards in subsections C and D above. One charging station shall be installed for every two spaces dedicated to electric vehicles. Additionally, charging stations for electric powered trucks may be required as determined by theapproving authority. 2. A minimum of 10 percent of parking spaces provided shall be EV Ready and an additional 5 percent shall be EV Installed L New commercial or industrial developments where heavy-duty diesel trucks idle on-site shall install electric truck hook-ups in docks,bays, and parking areas. 17.64.130 Maintenance. The minimum number of parking spaces required in this chapter shall be provided and continuously maintained. A parking, loading, or bicycle parking area provided for the purpose of complying with the requirements of this chapter shall not be eliminated, reduced, or converted unless equivalent facilities approved by the approving authority are provided elsewhere in compliance with this chapter. (Code 1980, § 17.64.120; Ord.No. 855, § 4, 2012) Chapter 17.66 PERFORMANCE STANDARDS 17.66.010 Purpose and intent. The performance standards established in this chapter are intended to ensure that uses and activities shall occur in a manner to protect the public health and safety and that do not produce adverse impacts on surrounding properties nor the community at large. The standards contained in this chapter apply to all zones. If necessary,the city will retain a professional expert or designated regulatory agency to assist in assessing possible impacts, and the applicant or business owner will pay any cost incurred. (Code 1980, § 17.66.010; Ord.No. 855, § 4, 2012) 17.66.020 General requirements. Land or buildings shall not be used or occupied in a manner creating any dangerous injurious,noxious, fire, explosive or other hazard;noise,vibration, smoke, dust, odor, or form of air pollution;heat, cold, dampness, electrical, or other disturbance; glare,refuse, or wastes; or other substances, conditions, or elements which would adversely affect the surrounding area. All uses shall conform to the regulations of this chapter in addition to the regulations set forth for the district in which the use is situated. (Code 1980, § 17.66.020; Ord.No. 855, § 4, 2012) 17.66.030 pints of measurement. Measurements necessary for enforcement of performance standards set forth in this chapter shall be taken from a location as follows relative to the property and/or building, activity, and/or use. (Code 1980, § 17.66.030; Ord.No. 855, § 4, 2012) A. Within a non-residential zone that is adjacent to a non-residential zone: 300 feet from where the building, activity, and/or use is located; B. Within a non-residential zone that is adjacent to a residential zone: 300 feet from the property line of the property where the building, activity and/or use is located; and C. Within a residential zone that is adjacent to a residential zone: at the property line. 17.66.040 Hazardous materials. The following standards are intended to ensure that the use,handling, storage, and transportation of hazardous materials comply with all applicable state laws (including but not limited to Government Code § 65850.2 and Health and Safety Code § 25505, et seq.) and that appropriate information is reported to the fire district as the regulatory authority. A. Reporting requirements. All businesses required by state law (Health and Safety Code § 6.95) to prepare hazardous materials release response plans and hazardous materials inventory statements shall,upon request, submit copies of these plans,including any revisions, to the fire district. B. Underground storage.Underground storage of hazardous materials shall comply with all applicable requirements of state law(including but not limited to Health and Safety Code § 6.7).Businesses that use underground storage tanks shall comply with the following procedures: 1. Notify the fire district of any unauthorized release of hazardous materials prescribed by city, county, state, and federal regulations. 2. Notify the fire district and the county health department of any proposed abandoning, closing,or ceasing operation of an underground storage tank and actions to be taken to dispose of any hazardous materials. 3. Submit copies of the closure plan to the fire district. C. Aboveground storage. Aboveground storage tanks for hazardous materials and flammable and combustible materials may be allowed subject to the approval of the fire district. D. New development. Structures adjacent to a commercial supply bulk transfer delivery system with at least six-inch pipes shall be designed to accommodate a setback of at least 100 feet from that delivery system. The setback may be reduced if the planning director, with recommendation from the fire district, can make one or more of the following findings: 1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers. 2. A 100-foot setback would be impractical or unnecessary because of existing topography,streets, parcel lines, or easements. 3. A secondary containment system for petroleum pipelines and transition points shall be constructed. The design of the system shall be subject to the approval of the fire district. E. Notification required. A subdivider of a development within 500 feet of a pipeline shall notify a new/potential owner before the time of purchase and the close of escrow of the location, size, and type of pipeline. F. Location requirements.Properties that store,generate,or dispose of hazardous materials shall locate these operations as far as possible from areas of neighboring properties where people congregate. (Code 1980, § 17.66.040; Ord.No. 855, § 4, 2012) 17.66.050 Noise standards. A. Purpose. In order to control unnecessary, excessive, and annoying noise and vibration in the city, it is hereby declared to be the policy of the city to prohibit such noise generated from or by all sources as specified in this section. The provisions apply within all jurisdictions within all zones. Provisions apply based on the designated noise zones: 1. Noise Zone L All single- and multiple-family residential properties. 2. Noise Zone IL All commercial properties. B. Decibel measurement criteria. Any decibel measurement made pursuant to the provisions of this section shall be based on a reference sound pressure of 20 micropascals as measured with a sound level meter using the A-weighted network(scale) at slow response. C. Exterior noise standards. 1. It shall be unlawful for any person at any location within the city to create any noise or allow the creation of any noise on the property owned, leased, occupied, or otherwise controlled by such person, which causes the noise level when measured on the property line of any other property to exceed the basic noise level as adjusted below: a. Basic noise level for a cumulative period of not more than 15 minutes in any one hour; or b. Basic noise level plus five dBA for a cumulative period of not more than ten minutes in any one hour; or C. Basic noise level plus 14 dBA for a cumulative period of not more than five minutes in any one hour; or d. Basic noise level plus 15 dBA at any time. 2. If the measurement location is a boundary between two different noise zones, the lower noise level standard shall apply. 3. If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined, the measured noise level obtained while the noise is in operation shall be compared directly to the allowable noise level standards as specified respective to the measurement's location,designated land use,and for the time of day the noise level is measured. The reasonableness of temporarily discontinuing the noise generation by an intruding noise source shall be determined by the planning director for the purpose of establishing the existing ambient noise level at the measurement location. D. Special exclusions. The following activities shall be exempted from the provisions of this section: 1. City-or school-approved activities conducted on public parks,public playgrounds,and public or private school grounds including, but not limited to, athletic and school entertainment events between the hours of 7:00 a.m. and 10:00 p.m. 2. Occasional outdoor gatherings, dances, shows, and sporting and entertainment events,provided said events are conducted pursuant to the approval of a temporary use permit issued by the city. 3. Any mechanical device, apparatus, or equipment used, related to, or connected with emergency machinery, vehicle, work, or warning alarm or bell,provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated. 4. Noise sources associated with, or vibration created by, construction, repair, remodeling, or grading of any real property or during authorized seismic surveys,provided said activities: a. When adjacent to a residential land use, school, church or similar type of use,the noise generating activity does not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays,including Saturday, or at any time on Sunday or a national holiday, and provided noise levels created do not exceed the noise standard of 65 dBA when measured at the adjacent property line. b. When adjacent to a commercial or industrial use, the noise generating activity does not take place between the hours of 10:00 p.m. and 6:00 a.m. on weekdays, including Saturday and Sunday, and provided noise levels created do not exceed the noise standards of 70 dBA at the when measured at the adjacent property line. 5. All devices, apparatus, or equipment associated with agricultural operations,provided: a. Operations do not take place between 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. b. Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. C. Such operations and equipment are associated with agricultural pest control through pesticide application,provided the application is made in accordance with permits issued by, or regulations enforced by,the state department of agriculture. 6. Noise sources associated with the maintenance of real property, provided said activities take place between the hours of 7:00 a.m. and 8:00 p.m. on any day. 7. Any activity to the extent regulation thereof has been preempted by state or federal law. E. Schools, churches, libraries, health care institutions. It shall be unlawful for any person to create any noise which causes the noise level at any school,hospital or similar health care institution,church, or library while the same is in use, to exceed the noise standards specified in this section and prescribed for the assigned noise zone in which the school,hospital, church, or library is located. F. Residential noise standards. 1. Table 17.66.050-1 (Residential Noise Limits) includes the maximum noise limits in residential zones. These are the noise limits when measured at the adjacent residential property line (exterior) or within a neighboring home (interior). TABLE 17.66.050-1 RESIDENTIAL NOISE LIMITS Maximum Allowable Location of Measurement 10:00 p.m. to 7:00 a.m. 7:00 a.m. to 10:00 p.m. Exterior 60 dBA 65dBA Interior 45 dBA 50dBA Additional: (A) It shall be unlawful for any person at any location within the city to create any noise or to allow the creation of any noise which causes the noise level when measured within any other fully enclosed(windows and doors shut)residential dwelling unit to exceed the interior noise standard in the manner described herein. (B) If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be determined,each of the noise limits above shall be reduced five dBA for noise consisting of impulse or simple tone noise. 2. Other residential noise limitations. a. Peddlers; use of loud noise, etc., to advertise goods, etc.No peddler or mobile vendor or any person in their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance. b. Animal noises.No person owning or having the charge, care, custody, or control of any dog or other animal or fowl shall allow or permit the same to habitually howl, bark,yelp, or make other noises,in such a manner as to create a noise disturbance. C. Radios, television sets, musical instruments, and similar devices.No person shall operate or permit the operation or playing of any device which reproduces,produces, or amplifies sound, such as a radio, musical instrument,phonograph, or sound amplifier,in such a manner as to create a noise disturbance. i. Across any real property boundary or within Noise Zone I,between the hours of 10:00 p.m. and 7:00 a.m. on the following day (except for activities for which a temporary use permit has been issued). it. At 50 feet from any such device,if operated on or over any public right-of-way. G. Commercial and office noise provisions. All operations and businesses shall be conducted to comply with the following standards: 1. All commercial and office activities shall not create any noise that would exceed an exterior noise level of 65 dBA during the hours of 10:00 p.m. to 7:00 a.m. and 70 dBA during the hours of 7:00 a.m. to 10:00 p.m.when measured at the adjacent property line. 2. Loading and unloading.No person shall cause the loading,unloading,opening,closing,or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m., in a manner which would cause a noise disturbance to a residential area. 3. Vehicle repairs and testing.No person shall cause or permit the repairing,rebuilding,modifying, or testing of any motor vehicle,motorcycle,or motorboat in such a manner as to increase a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. adjacent to a residential area. H. Industrial noise provision included in Table 17.66.110-1 (Industrial Performance Standards). (Code 1980, § 17.66.050; Ord.No. 855, § 4,2012) 17.66.060 Odor,particulate matter, and air containment standards. A. Sources of odorous emissions, particulate matter, and air containment standards shall comply with the rules and regulations of the air pollution control district and the state Health and Safety Code. B. Noxious odorous emissions in a manner or quantity that is detrimental to or endanger the public health, safety, comfort, or welfare is declared to be a public nuisance and unlawful, and shall be modified to prevent further emissions release, except for agricultural operations in compliance with this title.No emission of odors shall be permitted in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air at the property line as specified in section 17.66.030 (Points of Measurement) of this chapter. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. C. No dust or particulate matter shall be emitted that is detectable by a reasonable person without instruments. D. Exhaust air ducts shall be located or directed away from abutting residentially zoned properties.(Code 1980, § 17.66.060; Ord.No. 855, § 4, 2012) 17.66.070 Vibration. Uses that generate vibrations that may be considered a public nuisance or hazard on any adjacent property shall be cushioned or isolated to prevent generation of vibrations.Uses shall be operated in compliance with the following provisions: A. No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at the points of measurement specified in section 17.66.030 (Points of Measurement) of this chapter, nor shall any vibration produced exceed 0.002g peak at up to 50 CPS frequency, measured at the point of measurement specified in section 17.66.030 (Points of Measurement) of this chapter using either seismic or electronic vibration measuring equipment. Vibrations occurring at higher than 50 CPS frequency of a periodic vibration shall not induce accelerations exceeding 0.001g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01g. B. New development shall not cause vibration of more than 85 VdB within 200 feet of an existing structure. C. Uses, activities, and processes shall not generate vibrations that cause discomfort or annoyance to reasonable persons of normal sensitivity or which endangers the comfort, repose,health, or peace of residents whose property abuts the property line of the parcel. D. Uses shall not generate ground vibration that interferes with the operations of equipment and facilities of adjoining parcels. E. Vibrations from temporary construction/demolition and vehicles that leave the subject parcel (e.g., trucks, trains, and aircraft) are exempt from the provisions of this section. (Code 1980, § 17.66.070; Ord.No. 855, § 4, 2012) 17.66.080 Heat. Heat emitted at any point shall not at any time cause a temperature increase on any property in excess of ten degrees Fahrenheit,whether such change be in the air or on the ground,in a natural stream or lake, or in any structure on such adjacent property. (Code 1980, § 17.66.080; Ord.No. 855, § 4, 2012) 17.66.090 Radioactivity or electric disturbance. No activities shall be permitted which emit dangerous radioactivity at any point or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. (Code 1980, § 17.66.090; Ord.No. 855, § 4, 2012) 17.66.100 Liquid or solid wastes. No discharge of any matter shall be permitted at any point into any public sewer,private sewage system, or stream or into the ground, except in accordance with standards approved by the state and county departments of health and local ordinances. There shall be no accumulation outdoors of solid wastes conducive to the breeding of rodents,insects,or other pests unless stored in closed containers. (Code 1980, § 17.66.100; Ord.No. 855, § 4, 2012) 17.66.110 Special industrial performance standards. A. Purpose. The performance standards allow industrial uses to operate consistent with theoverall characteristics of the land use category to provide for a healthy, safe, and pleasing environment in keeping with the nature and level of surrounding industrial activity. The performance standards contained in Table 17.66.110-1 (Industrial Performance Standards) are applied based on the zones as follows: 1. Class A performance standards. The most restrictive of the performance standards to ensure a high-quality working environment andavailable sites for industrial and business firms whose functional and economic needs require protection from the adverse effects of noise, odors, vibration, glare, or high-intensity illumination, and other nuisances. 2. Class B performance standards. These standards are intended to enable a complementary mix of uses and provide for a limited range of industrial activity while assuring a basic level environmental protection.It is the intent of the standards of this section to provide for uses whose operational needs may produce noise,vibration,particulate matter and air contaminants,odors,or humidity,heat,and glare which cannot be mitigated sufficiently to meet the Class A standards. The standards are so designed to protect uses on adjoining sites from effects which could adversely affect their functional and economic viability. 3. Class C performance standards. It is the intent of the standards of this section to make allowances for industrial uses whose associated processes produce noise,particulate matter and air contaminants, vibration, odor, humidity, heat, glare, or high-intensity illumination which would adversely affect thefunctional and economic viability of other uses. The standards, when combined with standards imposed by other governmental agencies, serve to provide basic health and safety protection for persons employed within or visiting the area. TABLE 17.66.110-1 INDUSTRIAL PERFORMANCE STANDARDS Class A Class B Class C Noise Maximum •70dB(anywhere on lot) •80 dB(anywhere on lot) •85 dB(lot line) •65 dB(interior space of neighboring use on •65dB(at residential property line) •65dB(at residential property line) same lot) •Noise caused by motor vehicles and trains is •Where a use occupies a lot abutting or •Noise caused by motor vehicles is exempted exempted from this standard. separated by a street from a lot within the from this standard. designated Class A or B performance standard or residential property,the performance standard of the abutting property shall apply at the common or facing lot line. Vibration Class A Class B Class C All uses shall be so operated as not to generate All uses shall be operated so as not to generate All uses shall be operated so as not to generate vibration discernible without instruments by vibration discernible without instruments by vibration discernible without instruments by the the average person while on or beyond the lot the average persons beyond the lot upon average person beyond 600 feet from where the upon which the source is located or within an which the source is located.Vibration caused source is located.Vibration caused by motor adjoining enclosed space if more than one by motor vehicles,trains,and temporary vehicles,trains,and terporary construction and establishment occupies a structure.Vibration construction or demolition is exempted from demolition is exempted from this standard. caused by motor vehicles,trains,and this standard. terporary construction or demolition work is exempted from this standard. Particulate Matter and Air Contaminants In addition to compliance with the Air Quality In addition to compliance with the AQMD In addition to compliance with the AQMD Management District(AQMD)standards,all standards,all uses shall be operated so as not standards,all uses shall be operated so as not to uses shall be operated so as not to emit to emit particulate matter or air contaminants emit particulate matter or air contaminants that particulate matter or air contaminants that are that are readily detectable without instruments (a)are injurious to the health of either persons readily detectable without instruments by the by the average person beyond any lot line of engaged in or related to the use of the lot,or average person while on the lot containing the lot containing such uses. persons residing,working,visiting,or such uses. recreating in neighboring areas;(b) substantially and adversely affect the maintenance of property in nearby areas;(c)are disruptive of industrial processes carried on in other parts of the industrial area.Where a use occupies a lot abutting or separated by a street lot with Odor All uses shall be operated so as not to emit All uses shall be operated so as not to emit All uses shall be operated so as not to emit matter causing unpleasant odors that are matter causing unpleasant odors that are matter causing unpleasant odors that are perceptible to the average person while within perceptible to the average person beyond any perceptible to the average person while within or beyond the lot containing such uses. lot line of the lot containing such uses. or beyond the lot containing such uses. Humidity,Heat,and Glare All uses shall be operated so as not to produce All uses shall be operated so as not to produce All uses shall be operated so as not to produce humidity,heat,glare,or high-intensity humidity,heat,glare,or high-intensity humidity,heat,glare,or high-intensity illumination that is perceptible without illumination that is perceptible without illumination that is perceptible without instruments by the average person while on or instruments by the average person beyond the instruments by the average person while on any beyond the lot containing such use. lot line of any lot containing such use. lot zoned for residential purposes or any industrial property with a Class A or B performance standard designation. (Code 1980, § 17.66.110; Ord.No. 855, § 4, 2012) Chapter 17.68 PROPERTY Y MAINTENANCE 17.68.010 Purpose and applicability. All development standards shall be continuously met for every project. (Code 1980, § 17.68.010; Ord. No. 855, § 4, 2012) 17.68.020 Property maintenance. All buildings, structures,yards, and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. Enforcement of property maintenance provisions may be found under section 8.23.050 (Maintenance of Property-Nuisance). (Code 1980, § 17.68.020; Ord.No. 855, § 4, 2012) 17.68.030 Vehicle parking limitation in residential areas. The parking of vehicles in all residential districts shall be subject to the following provisions: A. Vehicle parking shall be within the enclosed garage, carport,or other required or authorized off-street asphalt or concrete paved parking area. B. All parking areas within public view from the street,public right-of-way, or adjacent properties shall be paved with a permanent paving material. Such area shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust,without accumulation of loose material or other deterioration. Oil stains and grease should be cleaned from paved areas immediately to prevent discharge entering the storm drain system. C. Vehicles may be stored for extended periods in the side, corner-side or rear yard,provided that: 1. There is a principal use of the property to which the vehicle storage would be accessory; 2. No living quarters shall be maintained or any business conducted within a parked or stored trailer or vehicle; 3. The required parking on the parcel is maintained in addition to the area used for the stored vehicle(s); and 4. Such area is screened from view from the street,public right-of-way, and adjacent properties by a fence,wall, or equivalent screening material at least five feet in height. D. Vehicle parking within side and rear yard areas shall be limited to five percent of the total lot area or 500 square feet,whichever is greater,unless constructed pursuant to an approved site plan review. E. Vehicles parked within public view in required or authorized parking areas within the front yard, corner side yard, or side yard shall be parked or left standing for temporary periods of time not to exceed five consecutive days. F. "Vehicles" as used in this section shall include, but not be limited to, commercial vehicles, automobiles, trucks, trailers, motor trucks, semi-trailers, motorcycles, mopeds, campers, mounted shells,boats, or other large portable recreational and commercial equipment. G. No vehicle which exceeds a curb weight of 7,000 pounds or exceeds a width of 80 inches, or exceeds a height of seven feet, or exceeds a length of 25 feet shall be parked on a residential lot unless: 1. It is actively involved in making pickups and deliveries; 2. In connection with, and in aid to, the performance of a service to, or on, the property where the vehicle is parked,while actively involved in such activity; or 3. In conformance with the conditions of approval for a valid home occupation permit. H. No specialized work-related vehicle (e.g., tow truck, stake bed trucks); and no specialized work- related portable equipment (e.g., cement mixers, trailers) shall be parked on any portion of a residential lot unless it is actively involved with the performance of a service to the property where the vehicle is parked. L No trailer, semi-trailer,boat, or portable recreational equipment(e.g.,jet skis or snowmobiles) shall be parked or stored within the front yard, corner side yard, or side yard abutting a street unless: 1. It is not a commercial vehicle and is parked for a temporary period of time not to exceed 72 hours; 2. It is involved in loading or unloading activity; and 3. It is parked in compliance with any other applicable city ordinance. (Code 1980, § 17.68.030; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013) 17.68.040 Vehicle and equipment repair and storage. The following provisions shall apply to any vehicle,motor vehicle, camper, camper trailer, trailer, unmounted camper,trailer coach,motorcycle,boat,or similar conveyance in all residential districts and to all sites in any other district used for residential occupancy: A. Servicing, repairing, assembling, disassembling, wrecking, modifying, restoring, or otherwise working on any of the above conveyances shall be prohibited unless conducted within a garage or accessory building or in a paved area screened from view from the street and adjoining lots by a legally located fence, wall, or equivalent screening. This type of activity shall be noncommercial in nature (e.g.,no home garage "repair shops"). B. Storing, placing, or parking any of the above conveyances, or any part thereof, which is disabled, unlicensed,unregistered,inoperative, or from which an essential or legally required operating part is removed, shall be prohibited unless conducted with a garage or accessory building or in an area screened from view from the street and adjoining lots by a legally located view obscuring fence or wall. C. Withstanding the provisions of sections 17.68.040.A and 17.68.040.13 above, emergency or minor repairs and short-term or temporary parking of any of the above conveyances when owned by a person residing on the lot may be conducted for an aggregate period of up to 24 hours in any continuous period of 48 hours exclusive of the screening requirements. D. For the purpose of this section, references to types of conveyances shall have the same meaning as defined in the vehicle code of the state,where such definitions are available.(Code 1980, § 17.68.040; Ord.No. 855, § 4, 2012) 17.68.050 Multiple family dwelling maintenance. The following maintenance requirements shall be applicable to all multiple-family residential developments in addition to other general maintenance provisions of this Code: A. Buildings and structures. I. Buildings and structures shall not be permitted to deteriorate or remain in an unrepaired or dilapidated condition. 2. Building exteriors shall be maintained,painted, or treated to provide for weather protection. 3. Damage to structures shall be repaired within 30 days from the date of occurrence. 4. Doors,fences,gates,and similar structures shall be kept in proper operating condition,including their locking and latching devices. B. Landscaping,trees, shrubs, groundcover, and irrigation systems. 1. Landscaped areas shall be kept free from weeds and debris and maintained in a healthy thriving condition. 2. All plant materials shall receive regular maintenance, including but not limited to fertilizing, mowing, and trimming. 3. Any damaged,dead,diseased, or decaying plant materials shall be replaced within 30 days from the date of damage. 4. Irrigation systems shall be kept in proper working order to provide proper amounts of water and proper coverage. 5. Landscape screening materials, such as hedges, shall be pruned to maintain their screening ability. C. Parking areas,walkways,and open space. 1. All such areas shall be kept clean and free of debris and items of storage. 2. Paved surfaces shall be maintained free of potholes, broken or raised sections, and other deterioration. 3. Outside lighting fixtures shall be kept in proper working order; inoperative lights shall be repaired or replaced within 30 days of damage or failure. D. Trash enclosures and refuse containers. 1. Enclosures and containers shall be kept clean and the vicinity kept free of debris,and gates/doors shall be maintained in proper working order. 2. Accumulation of refuse shall not be permitted to exceed the capacity of the refuse containers. E. Graffiti shall be removed within 72 hours. F. Recreational facilities,common use areas,amenities,and other site improvements shall be maintained in a usable condition free from deterioration. G. Lighting shall be maintained in a usable condition free from deterioration. H. Conditions of approval for a project, imposed in conjunction with the development/design review process,which set forth requirements for the development of the site, shall also be subject to ongoing maintenance requirements. (Code 1980, § 17.68.050; Ord.No. 855, § 4, 2012) 17.68.060 Recreational vehicle parking and storage. The parking and storage of recreational vehicles on residential properties,in all residential districts, shall be subject to the provisions of this section. A. Recreational vehicles defined.For the purposes of this section, "recreational vehicles" shall mean a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle with provisions for sleeping, cooking and/or sanitation designed or used for temporary dwelling, recreational, or sporting purposes. Examples include, but shall not be limited to, motor home, converted trucks or buses, travel trailer, fifth wheel, toy hauler, mounted camper, camping trailer, or similar equipment provided that such vehicles are not commercial vehicles or used for commercial purposes. B. Parking limitation.Recreational vehicle parking shall only be permitted within an enclosed garage, carport,or a similar structure, or if outdoors,in an authorized off-street paved parking area. All other parking or storage shall be prohibited. C. Authorized parking areas. Authorized outdoor parking areas shall be limited to the locations and conditions described below. 1. Recreational vehicles may be parked or stored in street side, interior side, or rear yard areas, provided that such areas are screened from view from the street, public right-of-way, and adjacent properties by a permanent legally constructed and maintained fence,wall,or equivalent screening material at least six feet in height. 2. Recreational vehicles may also be parked within public view in authorized parking areas within the front yard, or corner side yard abutting a street, for temporary periods of time not to exceed 72 hours, not more than two times in a calendar month, directly preceding or following, an outing/trip. except as noted in section 17.68.060.D.4 below. D. Portable recreational equipment. Authorized parking areas for portable recreational equipment shall be limited to the locations and conditions described below: 1. Portable recreational equipment may be parked or stored within an enclosed garage or within the side or rear yard areas provided that such areas are screened from view from the street, public right-of-way, and adjacent properties by a permanent legally constructed and maintained fence, wall or equivalent screening material at least five feet in height. 2. Portable recreational equipment may also be parked within the front yard, or corner side yard abutting a street, for temporary periods of time not to exceed 72 hours. E. Parking area maintenance. All parking areas within public view from the street, public right-of- way, or adjacent properties shall be surfaced with a permanent paving material. Such areas shall be maintained in good usable condition,free of potholes and broken sections to prevent the accumulation of mud, dust, and weeds, and shall be kept free of debris, dirt, and other loose materials. RV parking areas shall be kept free of contaminant discharge (oil stains and grease) and any discharge should be cleaned from paved areas immediately to prevent discharge entering the storm drain system. F. Occupancy prohibited. Recreational vehicles shall not be used for the purpose of temporary or permanent living,including but not limited to sleeping, cooking,bathing,occupying as a dwelling,or any stay within the vehicle not directly related to its driving except in a designated public campground or other licensed private camping facility, or in conjunction with an active construction site with a temporary use permit. (Code 1980, § 17.68.060; Ord. No. 855, § 4, 2012; Ord. No. 860 § 4, 2013)17.68.070 Local feeder trail maintenance. All local feeder trails are located within easements on private property and shall be maintained by the property owner,upon which the easement is located,in a safe and passable manner that does not detract from the use or appearance of the trail and in a manner consistent with the following standards: G. Storage and/or disposal of any materials and equipment within the local feeder trail is not permitted. H. Trail surface and proper grade shall be continuously maintained for safety and access, including removal of excessive size rocks,filling of potholes,removal of weeds, and refilling of ruts caused by erosion or other disturbances. The trail surface shall be continuously maintained with surfacing material consistent with city standards. L Construction of any structure within or across the trail easement, including buildings, walls and fences, gates, planters, sidewalks, drive approaches or similar structures, or installation of any vegetation or irrigation system or device or obstacles of any kind,is not permitted. J. Vegetation shall be maintained to prevent it from physically obstructing a trail and the use of it. K. Fences and gates between the trail and remainder of the property shall be kept in good repair at all times. This shall not preclude the property owner from replacing a damaged fence/wall with a new fence/wall. L. Drainage swales, curb and gutter,or similar drainage structures shall be kept clean and free of debris, trash, soil, vegetation, or other material in a manner that permits proper drainage. (Code 1980, § 17.68.070; Ord.No. 855, § 4, 2012) Chapter 17.70 SIDEWALKS AND TRAILS 17.70.010 Purpose and applicability. The purpose of this chapter is to require a continuous unobstructed pathway,trail, and sidewalk network to provide for pedestrians and bicyclists throughout the community. The provisions must be addressed as part of any site development or design review entitlement request and apply to on-site and off-site pathway, trail, and sidewalk systems. (Code 1980, § 17.70.010; Ord.No. 855, § 4, 2012) All new development shall include sidewalks, accessible to the public along both sides of all streets. 17.70.030 On-site pedestrian pathways. The pedestrian path system shall be designed to provide the pedestrian safe passage throughout the project area. Adherence to all of the following provisions will create maximum safe connectivity for pedestrians: A. A continuous path which connects the primary entrances of the structure(s) on the site. B. Clear and continuous paths from every primary building entrance to all transit stops and crosswalks directly adjoining the site. C. A clear and continuous path that connects the main pedestrian access point to the site with the main entrance of the primary use structure on-site. D. Pedestrian pathways from the building to adjacent streets at a ratio of one for each vehicle entrance on-site.For example,if there are two driveways into the site,two sidewalk entries that connect to the building's primary entrance are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio. E. Drive aisles leading to main entrances with a walking path on at least one side. F. Connectivity to adjoining property,including special pedestrian paths/connections between adjoining lots where those uses are compatible. G. Perimeter pathways around each building in nonresidential districts,with the following requirements: 1. Building perimeter pathways shall comply with ADA requirements as outlined in the building code. 2. A continuous building perimeter path interconnecting all entrances and exits of a building. 3. If parking area is proposed along the building facade within 15 feet from a building wall, a building perimeter path must be provided along the full length of the row of parking spaces facing the building. H. Pedestrian connections required through site barriers. Where a berm, landscaping, fencing, or another physical barrier creates a site frontage impenetrable to pedestrians and bicyclists, there shall be no less than one point of access to a pedestrian pathway for every 100 feet of street frontage. L Pedestrian connections required through parking areas, as follows: 1. No parking space shall be located farther than 130 feet from a designated pedestrian pathway. 2. Where parking areas are located between a public right-of-way and a primary entrance into a site's primary use structure, a continuous and well-designated pedestrian path shall be provided through the parking area that connects the public right-of-way and said entrance. (Code 1980, § 17.70.030; Ord.No. 855, § 4, 2012) 17.70.040 Equestrian trails. All residential development within the Equestrian Overlay Zone as designated by the general plan shall require the following: A. Local feeder trail easements for equestrian purposes are to provide access to the rear of all lots. B. All local feeder trails shall be maintained by the property owner in a safe and passable manner that does not detract from the use or appearance of the trail and in a manner consistent with chapter 17.68 (Property Maintenance). C. See chapter 17.48 (Fences, Walls and Screening) for fence and gate standards related to equestrian trails. (Code 1980, § 17.70.040; Ord.No. 855, § 4, 2012) Chapter 17.72 SIGN CtEGULATIONS FOR PUBLIC PROPERTY 17.72.010 Purpose and proprietary capacity. This chapter regulates signage in the public right-of-way and on other city-owned property. In adopting this section,the city council acts in its proprietary capacity as to city property, as defined in this title, within the city. This section is adopted pursuant to the city's general powers,property rights, Government Code Sections 65850(b), 38774, and 38775; Business and Professions Code Section 5200 et seq.; Civil Code Section 713; and Penal Code Section 556 et seq. (Code 1980, § 17.72.010; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.020 General prohibition. Unless specifically authorized by this chapter,no signs may be displayed on city property by private parties. (Code 1980, § 17.72.030; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.030 Signs allowed on city property. The following signs may be erected and displayed on city property: A. Signs erected by the city or another governmental unit. B. Signs allowable under sections 17.72.040 (Personally attended signs), 17.72.050 (Street banner program), 17.72.060 (Community directional wayfinding signs), 17.72.070 (Posted signs in the public right-of-way) and 17.72.080 (Commercial signs posted in public streets)of this chapter. (Code 1980, § 17.72.040; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.040 Personally attended signs. In areas qualifying as public forums,private persons may display noncommercial message signs thereon, provided that such signs conform to all of the following: A. The signs must be personally held by a person or personally attended by one or more persons. "Personally attended"means that a person is physically present within five feet of the sign at all times. B. The signs may be displayed only during the time period of sunrise to sunset, except on occasions when the city council and/or the planning commission are holding public hearings or meetings; on such occasions,the display period is extended to 30 minutes after such meeting is officially adjourned. C. The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. D. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet, measured on one display face only. E. The sign must have no more than two display faces and may not be inflatable, air-activated or have mechanical movement. F. In order to serve the city's interests in traffic flow and safety, persons displaying signs under this section may not stand in any vehicular traffic lane or in a traffic median when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five feet width clearance for pedestrians to pass by. Persons holding signs may not obstruct the extended line of the "clear visibility triangle,"as defined in chapter 17.140 (Universal Definitions) and depicted in Figure 17.72.070-1. (Code 1980, § 17.72.050; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2,2018) 17.72.050 Street banner program. The purpose of this program is to establish guidelines and criteria for the selection of city events for marketing through street banners and procedures for the display of street banners. In furtherance of this program,the city council established program policies and administrative criteria for the operation of the program, selection of designated street banner locations, and applicant procedure and approval process,including terms and conditions. (Code 1980, § 17.72.060; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.060 Community directional wayl°inding signs. The intent of this program is to provide assistance to motorists and pedestrians in navigating the city and providing access to, for example, tourist-oriented destinations,regional attractions,parks,historic and cultural sites, and other public venues within city limits. In furtherance of this program,the city council shall establish program policies and administrative criteria for the operation of the program, selection of destinations to identify through the program, and sign location and design criteria. (Code 1980, § 17.72.070; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.070 Fasted signs in public streets. In public streets,including public street frontage,private persons may display noncommercial and commercial message signs thereon,provided that such signs conform to all of the following: A. Signs shall be freestanding and not affixed to any existing structure, including, but not limited to, poles,posts,permitted signs, or utility boxes. B. Signs shall not obstruct any existing,permitted,permanent sign. C. Signs shall not exceed nine square feet in total area. The sign's height shall not exceed 36 inches above the ground. D. Signs shall not create a traffic or pedestrian hazard. In addition, any sign placed in a traffic median, roadway intersection,driveway,or in the extended line of the "clear visibility triangle,"as defined in chapter 17.140 and depicted in Figure 17.72.070-1, shall be considered hazardous and are prohibited. FIGURE 17.72.070-1 EXTENDED AREA OF CLEAR VISIBILITY TRIANGLE .............................. ff ............... 1, 'Jlf, q A E. Signs are prohibited on night-of-way immediately adjacent to city property,including,but not limited to,parks, community centers, city facilities or unimproved parcels. F. No more than one sign containing two display faces is permitted on each side of a public street on each city block. For purposes of this section, a city block shall be the street frontage located between roadway intersections, dead ends, cul-de-sacs, or a turn in the roadway alignment of 45 degrees or more. G. Signs which have become worn, faded,weathered,torn or dilapidated in any way shall be repaired or removed immediately by the owner or responsible party. H. Signs posted in the same location continuously for longer than 24 hours shall be limited to two periods of display per calendar year, provided that they may be posted for a maximum of 60 days at any one time and at least 60 days shall separate the conclusion of the first 60-day term and the beginning of the second 60-day term. Each sign shall be marked with the date the sign was posted. 1. Signs posted on a daily basis shall be displayed for no more than 12 hours in each 24 hour period. Such signs shall be displayed for no more than 90 days per calendar year, whether consecutive or intermittent days. J. Signs advertising or promoting a particular event, including commercial and non-profit events and elections, shall be promptly removed no later than 48 hours after the event's conclusion or, in the event it is cancelled, its cancellation. Signs that have not been removed within the required period shall be subject to immediate abatement by the city. (Ord.No. 930 § 2, 2018) 17.72.080 Commercial signs posted in the public right-of-way. A. Commercial signs shall conform to all provisions in section 17.72.070 for size, manner and placement. B. A commercial entity with a permanent location and permitted, permanent sign shall not post any temporary commercial signs in the right-of-way within 200 feet of the perimeter of the parcel or structure, including a master-planned, contiguous shopping center, whichever is furthest, where the business is located. C. No more than 12 signs, each containing no more than two display faces, shall be posted at any one time for each business. In the case of multiple business entities occupying the same premises, each separate business entity shall be permitted up to 12 such signs. In the case of a single business entity occupying multiple locations, the business entity shall be permitted up to 12 signs for each business location. D. Commercial signs that either falsely advertise a commercial event that is not occurring or advertise any illegal activity are prohibited. (Code 1980, § 17.72.080; Ord.No. 855, § 4, 2012; Ord.No. 930 § 2, 2018) 17.72.090 Removal of signs from the public right-of-way and city property. A. Any sign found in violation of this chapter may be summarily removed by the city as a trespass and a public nuisance. If the sign includes contact information for the sign's owner, then the city will make reasonable effort to contact the owner with information on how and where to retrieve collected signs. Signs shall be held by the city for collection by the owner for a period of 30 days. Any signs not collected by the owner after 30 days shall be disposed of by the city. B. The city shall not be responsible nor make restitution for any sign posted in violation of this chapter, whether or not the sign is removed by city staff. C. The person or organization responsible for placing a sign in the right-of-way or city property shall assume all liability for damages to the sign or caused by the installation or display of the sign. (Ord. No. 930 § 2, 2018) Chapter 17.74 SIGN REGULATIONS FOR PRIVATE PROPERTY 17.74.010 Purpose and intent. The purpose of this chapter is to establish regulations for signs,pursuant to Government Code Sections 65000 et seq., 65850(b), 38774, 38775; Business and Professions Code Sections 5200 and 5490 et seq.; Civil Code Section 713; and other applicable state laws. These regulations are intended to protect the public health, safety, and welfare and provide for the integrity of the community's aesthetics. The city recognizes that signs and other graphics are an essential element of a community's visual appearance and provide a means to identify and promote businesses, provide useful information to the public, and should not become visual distractions along public roadways. Consequently, the purpose of this chapter is to provide sign regulations for signs on private property that are consistent with the goals and objectives of the city's general plan and the community's visual and aesthetic goals. In addition, these regulations are intended to: A. Promote an economically stable and visually attractive community. B. Promote signs and graphics that are attractive,pleasing, and harmonized with the physical character of the environment and surrounding properties, while serving the identifying needs of the business community. C. Prevent an inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. D. Promote traffic safety and the smooth and efficient flow of pedestrians and vehicles to their destinations. E. Direct persons to various activities and enterprises, in order to provide for maximum public convenience. (Code 1980, § 17.74.010; Ord.No. 855, § 4, 2012) 17.74.020 Policies for sign regulations. The following policies regarding signage in the city are established: A. Regulatory interpretations. The requirements of this chapter shall not be interpreted to nullify any easements, covenants, or other private agreements that provide for more restrictive sign regulations than are required by this chapter. B. Message neutrality.It is the city's policy and intent to regulate both commercial and noncommercial signs in a viewpoint-neutral and/or content-neutral manner. The message of the sign shall not be reviewed except to the minimum extent necessary to identify the type of sign. C. Message substitution. Subject to the property owner's consent, a noncommercial message of any type may be substituted in whole or in part for the message displayed on any sign for which the sign structure or mounting device is authorized pursuant to this chapter,without consideration of message content.A sign permit will be required. The purpose of this requirement is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message.In addition,any on-site commercial message may be substituted,in whole or in part,for any other on-site commercial message,provided that the sign structure or mounting device is authorized pursuant to this chapter,without consideration of message content. This requirement does not create a right to increase the total amount of signage on a parcel, lot, or land; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; and does not allow for the substitution of an off-site commercial message in the place of an on-site commercial or noncommercial message. D. On-site%ff--site distinction. Within this chapter, the distinction between on-site and off-site signs applies only to commercial messages. E. General prohibition. Permanent signs not expressly permitted by this chapter are prohibited. (Code 1980, § 17.74.020; Ord.No. 855, § 4, 2012) 17.74.030 Sign requirements and review procedures. This section describes the administrative provisions for signage regulation,including permit requirements and review procedures. These permit requirements and procedures are also listed in article II(Land Use and Development Procedures). A. Permit required. The following permits or entitlements shall be required for signs: 1. Sign permit. a. Applicability.A sign permit shall be required for all permanent signs (building attached or freestanding)prior to erection,relocation, alteration, or replacement of a sign,unless otherwise exempted by this chapter. The process for application,review, and decision regarding a sign permit shall be as established in section 17.74.030.13 (Review Procedures)below. A sign permit shall not be required for general maintenance of existing signs or the replacement of the sign face (including message)when the area of the sign is not being changed and a building permit is not required(e.g., the replacement of a sign face on a can sign). b. Approval authority.The designated approving authority for sign permits shall be the planning director,or designee. C. Approval findings.A sign permit shall only be granted when the planning director finds the proposal to be in conformance with all applicable provisions of this title. d. Additional permits.In addition to a sign permit, a building permit may also be required. 2. Temporary sign permit. a. Applicability.A temporary sign permit shall be required for all temporary signs (building attached or freestanding)prior to erection or placement,unless otherwise exempted by this chapter. b. Approval authority.The designated approving authority for temporary sign permits shall be the planning director, or designee. C. Approval findings.A temporary sign permit shall only be granted when the planning director finds the proposal to be in conformance with all applicable provisions of this title. 3. Uniform sign program. a. Purpose and intent.A uniform sign program provides a process for the city's review of, and decisions related to,requests for signs for multi-tenant projects. The intent of a uniform sign program is to allow for the integration of a project's signs with the design of the structures to achieve a unified architectural statement and to approve common sign regulations for multi-tenant projects. b. Applicability.A uniform sign program shall be required for all new multi-tenant shopping centers,office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share buildings, public spaces, landscape, and/or parking facilities. C. Approval authority.The designated approving authority for uniform sign programs shall be the planning director. d. Approval findings.A uniform sign program, or revisions thereto, may be approved only when the designated approving authority makes all of the following findings: i. That the proposed uniform sign program is consistent with the development standards for signs as provided in chapter 17.74 (Sign Regulations for Private Property); and ii. The design, location, and scale of proposed signs for the integrated development are in keeping with the architectural character of the development. e. Conditions of approval. The designated approving authority may impose conditions and/or require guarantees in order to ensure compliance with this title and to prevent adverse or detrimental impact to the surrounding neighborhood. B. Review procedures. 1. Method of application. An application for a sign permit, temporary sign permit, uniform sign programs, or variance shall be made on the form(s)prescribed by the planning department. The application shall be accompanied by any fees as specified by city council resolution as outlined in article II(Land Use and Development Procedures). 2. Levels of review.Except for signs subj ect to initial review by the planning director, all signs are subject to review under plan check/zoning clearance,which is a ministerial decision.Appeals go first to the planning commission and then to the city council, after which judicial review will be available. Uniform sign program proposals begin their formal review at the planning director level, although planning staff may perform an initial advisory review and make recommendations to the planning commission. 3. Timely decision. At each level of review or appeal, the decision shall be rendered in writing within 30 days. The time period begins running when the application is complete, or the notice of appeal has been filed,whichever applies. The timely decision requirement may be waived by the applicant or appellant. If a decision is not rendered within the required time, then the application or appeal shall be deemed denied. 4. Appeal. The appeal right arises whenever a written decision is delivered to the applicant, or the time for decision has run without a written decision (whichever is earlier). In this context, the term "delivered" means personally delivered or placed in the U.S. mail, or actually received, whichever occurs first. 5. Time for appeal.Any affected person may appeal any sign permit decision or appeal to the next level or review, so long as the notice of appeal is delivered to the city as outlined herein and in article II (Land Use and Development Procedures). The time for decision begins running when the notice of appeal is actually delivered in person or is received by the city. 6. Status quo. During the time of review or appeal, the status quo of the subject sign(s) shall be maintained. This does not apply whenever a sign,by virtue of its physical condition, constitutes a significant and immediate threat to public safety. 7. Judicial review. Following final decision by the city council, any concerned person may seek judicial review of the final decision on a sign application pursuant to Code of Civil Procedure § 1094.8. Such review must be filed within 30 days of notice of final decision, unless state law requires otherwise. 8. Right to permit.When any sign application complies fully with all applicable provisions of this chapter, and with all other applicable laws, rules, and regulations, the permit shall be approved and issued within the required time. 9. Permit denial. When a permit application is denied, the denial shall be in writing and sent or delivered to the address shown on the applicant's form, and shall state the grounds for denial. 10. Processing of applications. a. Completeness. The planning director shall determine whether the application contains all the information and items required by this chapter. If it is determined that the application is not complete, the applicant shall be notified in person or in writing within 15 days for sign permits and 30 days for uniform sign programs of the date of receipt of the application that the application is not complete and the reasons therefore,including any additional information necessary to render the application complete. b. Disqualification.No sign application will be approved i£ i. The applicant has installed a sign in violation of the provisions of this chapter and, at the time of submission of the application, each illegal sign has not been legalized, removed,or included in the application; ii. There is any other existing Code violation located on the site of the proposed sign(s) (other than an illegal or nonconforming sign that is not owned or controlled by the applicant and is located at a different business location on the site from that for which the approval is sought)which has not been cured at the time of the application,unless the noncompliance is proposed to be cured as part of the proposed new sign; iii. The sign approval application is substantially the same as an application previously denied,unless: • 12 months have elapsed since the date of the last application; or • New evidence or proof of changed conditions is furnished in the new application; iv. The applicant has not obtained any applicable required use permit. 11. Multiple sign applications. When an application proposes two or more signs, the application may be granted either in whole or in part,with separate decisions as to each proposed sign.When an application is denied in whole or in part, the planning director's written notice of determination shall specify the grounds for such denial. 12. Permits issued in error. Any approval or permit issued in error may be summarily revoked by the city upon written notice to the holder of the reason for the revocation. 13. Inspections. Inspection and approval of foundations is required when a sign includes a footing design. The purpose of such inspection is to allow the inspector to verify the size and depth of excavated footing,reinforcement method,etc.All signs subject to permit require final inspection and approval by both the planning department and building and safety department. (Code 1980, § 17.74.030; Ord.No. 855, § 4, 2012) 17.74.040 Exempt signs. The following sign types are expressly exempted from the permit requirements of this chapter but still must satisfy any and all other applicable permit requirements when necessary(e.g.,building, electrical, plumbing, grading, encroachment). Any exception to the limitations for exempt signs listed herein shall require a variance pursuant to section 17.20.030 (Variance). However, consideration of the variance request shall not evaluate the message or graphic design of the sign. A. Exempt signs without limitations. The following signs are exempt from sign permit and city review requirements: 1. All devices which are excluded from the definition of a"sign"as set forth in this title. 2. Official traffic signs or other municipal governmental signs, legal notices, advertisements prescribed by law and placed by governmental entities,and signs indicating the location of buried utility lines or any notice posted by a governmental officer in the scope of his or her duties. 3. Direction, warning, or information signs or structures required or authorized by law, or by federal, state, county, or city authority, including, but not limited to, traffic control signs (e.g., stop,yield),highway route number signs, and construction zone signs. 4. Noncommercial utility company signs identifying cables, conduits, and dangerous situations. 5. Street address signs on buildings and building identification signs consistent with the city- adopted building code or relevant provisions of this Code. Notwithstanding anything in this section, street address signs may be illuminated and may contain reflective paint or material. 6. Signs and advertising for the state lottery as authorized by Government Code § 8880 et seq. 7. Signs on vehicles and vessels,including license plates,license plate frames,registration insignia, noncommercial messages,messages relating to the business for which the vehicle or vessel is an instrument or tool (not including general advertising, such as mobile billboards), and messages relating to the proposed sale, lease,or exchange of the vehicle or vessel. 8. Noncommercial flags. B. Exempt signs with limitations. The following signs are exempt from sign permit and city review, provided that they meet the size, height, duration, and/or maximum number limitations listed: 1. Signs on property undergoing construction or remodeling not exceeding 32 square feet each in area, eight feet in height, and set back a minimum of ten feet from the property line. One such sign is permitted per site. Such signs shall not be illuminated and shall be removed within 30 days of the earliest of the following events:final building inspection approval,issuance of a valid certificate of occupancy,opening for business to the public, or expiration of the building permit. 2. Signs on property for sale, lease, or rental as follows: a. On residential property, one sign not exceeding four square feet and not exceeding a height of five feet. On weekends and holidays,up to four signs to direct traffic to the subject property are allowed,provided each sign does not to exceed eight square feet in area and 3�/z feet in height. All signs shall be located outside the public right-of- way. The sign shall not be illuminated. b. On multi-family property with more than 12 dwelling units, one additional sign per street frontage,not exceeding 24 square feet in area attached to the building or freestanding. All signs shall be located outside the public right-of-way and shall not be illuminated. C. On nonresidential and mixed-use property, one sign per street frontage,not exceeding 32 square feet in area or eight feet in height. The sign shall not be illuminated. One such sign is permitted per 600 feet of frontage. 3. Signs on property where there is a one-day garage, yard, estate, or other one-day home-based sale taking place. Such signs may be posted for no more than 48 hours and must be removed at the end of the one-day sale.A maximum of six square feet is allowed per sign. 4. On-site directional signs, such as exit, entrance, or other on-site traffic directional signs. The maximum height of any directional sign shall be 42 inches and the maximum size shall be six square feet.No advertising or message other than for traffic direction shall be displayed. 5. Noncommercial signs consistent with the following requirements: a. Noncommercial signs on all private property except residential property,not exceeding 32 square feet in area and not exceeding eight feet in height. b. Noncommercial signs on residential property,not exceeding six square feet in area, not exceeding a height of eight feet, and set back at least five feet from the public right-of-way and not projecting above the roofline of any structure. C. Noncommercial signs on residential property, limited to one for each dwelling unit or rentable room on the property, that are no more than one square foot in area and which are attached to and parallel with the building. The maximum sign area for such signage shall be 12 square feet. d. Noncommercial signs associated with an election shall be installed no earlier than 45 days prior to an election and shall be removed within seven days after the election. 6. Signs held by hand or personally attended to and displaying a noncommercial message when on private property and consistent with the following requirements. Also see section 17.74.050.F for limitations on signs displaying a commercial message and section 17.72.050 (Temporary Signs Displaying Noncommercial Message) for signs held by hand or personally attended to when on public property. a. The maximum aggregate size of all signs held or personally attended by a single person is 12 square feet. For purposes of this rule, apparel and other aspects of personal appearance do not count toward the maximum aggregate sign area. b. The maximum size of any one sign which is held or personally attended by two or more persons is 50 square feet,measured on one side only. C. The sign must have no more than two display faces and may not be inflatable or air- activated. d. Persons displaying signs under this section may not stand in any vehicular traffic lane. 7. Window signs consistent with the development standards of this chapter. (Code 1980, § 17.74.040; Ord.No. 855, § 4, 2012) 17.74.050 Prohibited signs. The signs listed in this section are inconsistent with the purposes and requirements of this chapter and as such are prohibited in all zones,unless specifically authorized by another requirement of this chapter. A. Any sign not specifically in accordance with the requirements of this chapter. B. Roof signs or signs placed above the roofline. C. Flashing signs. D. Pennants, banners, and flags displaying a commercial message unless allowed through a temporary sign permit. E. Signs which are mobile,rotate, or move. F. Signs held by hand or personally attended to displaying a commercial message. See section 17.74.040.B.6 for types of signs that are allowed and section 17.72.050 (Temporary Signs Displaying Noncommercial Message) for signs on public property. G. Signs which block a pedestrian path of travel. H. Off-site commercial signs, except as provided in section 17.74.100 (Allowed Off-Site Signage). L Signs placed on the public right-of-way or affixed to an element or structure on the public right-of- way,or located on a publicly owned tree,fence,or utility pole or otherwise posted on public property, except where required by a governmental agency; or signs on private property affixed to a fence; or signs affixed to a tree, shrub,rock, or other natural object on private property. J. Inflatable balloon signs,including,but not limited to,individual balloons,balloon strings, and other inflatable objects made of a flexible material and inflated so as to be lighter than air. This category also includes air-activated or air-blown signs and"air dancer"signs. K. Neon signs with exposed tubing and neon signs except as otherwise permitted for property zoned for commercial use or mixed use, and as part of exempt window signage. L. Painted signs, such as signs painted upon a fence, excluding murals as exempted pursuant to M. Signs affixed to vehicles or trailers that advertise or promote a business that are the primary purpose of the vehicle (e.g.,rolling billboard). This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle (e.g., vehicle wraps on a delivery or service vehicle) or to signs required by state or federal law (e.g., contractor's license number) as exempted in the definition of a sign. N. Signs attached to light standards unless part of a sign program or street banner program. O. Signs affixed to a structure or property not owned by the person installing the signs without the written consent of an owner. P. Signs that are dilapidated, abandoned, or in disrepair or dangerous condition. (Code 1980, § 17.74.050; Ord.No. 855, § 4, 2012) 17.74.060 General development, maintenance, and removal provisions. This section describes the procedures for measurement of signs (including area and height) and construction and maintenance requirements. A. Sign area measurement procedures.Sign area shall be computed by including the entire area within a single,continuous,rectilinear perimeter of not more than eight straight lines,or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop of structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.Backing plates shall count as part of the sign area unless they are transparent.In the case of two-sided,multi-sided,or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time. See Figure 17.74.060-1 (Sign Area Measure). FIGURE 17.74.060-1 SIGN AREA MEASURE iVl IFREIVI�V W m PV GN AREA m �! luo OBJECTS G4N SIGN , f.,h Ply RC B. Sign height measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign.However,if the sign is constructed upon an artificial berm,the height of the signs, as measured from the toe of slope or berm, shall not exceed 150 percent of the maximum height allowed by this title. C. Construction requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable state, federal, and city laws and regulations,including the locally adopted building code.All signs shall comply with the following criteria: 1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign. 2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete,natural stone,glass,and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. 3. All freestanding signs that incorporate lighting shall have underground utility service. 4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed. D. Clearance from public utility facilities. The person erecting a sign and the owner of the premises shall maintain any legally required clearance from communications and electric facilities.A sign may not be constructed, erected,installed,maintained,or repaired in any manner that conflicts with a rule, regulation, or order of the state public utilities commission pertaining to the construction, operation, and maintenance of public utilities facilities. E. Interference with motorist field of vision. 1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs. No sign shall, as determined by the director of engineering/city engineer,be so located as to create a hazard to the life or property of any person using the public right-of-way. 2. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs. 3. Signs shall not be located within the clear visibility triangle. F. Sign siting. 1. Location of building-attached signs. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal circulation path of the site. Orientation of signs such that they face directly onto residential property is to be avoided and is allowed only when there is no practical alternative and the visibility of the sign from the residence is minimized. 2. Setback and spacing of freestanding signs. a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.Unless an encroachment permit is granted, all freestanding signs shall be located outside of the public right-of-way and any required clear visibility triangle. b. The minimum spacing distance between permanent freestanding signs, excluding on- site directory signs, shall be 50 feet. The designated approving authority will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear visibility triangle and does not otherwise inhibit motorist safety. G. Maintenance requirements. Every sign and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy,or other non-maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the city.Noncompliance with such a request will constitute a nuisance condition and zoning violation and will be enforced as such. H. Sign removal or replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance. (Code 1980, § 17.74.060; Ord.No. 855, § 4, 2012) 17.74.070 Sign development and design standards. A. General sign development and design requirements. The following general design requirements shall apply to permanent on-site signs. 1. Design compatibility with building. Signs shall be compatible with the architectural style of the main building or buildings upon the site where the sign is located. Signs located on commercial or mixed use sites but in a predominantly residential area shall consider compatibility with such residential area. 2. Sign illumination.The artificial illumination of signs, either from an internal or external source, shall be designed so as not to cast stray light on surrounding rights-of-way and properties. The following requirements shall apply to all illuminated signs: a. External light sources shall be directed and shielded to limit direct illumination of an object other than the sign. b. The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign. C. Unless otherwise permitted by another requirement of this chapter, signs shall not have blinking, flashing,or fluttering lights, or other illumination devices that have a changing light intensity,brightness, or color. d. Colored lights shall not be used at a location or in a manner so as to be confused or constructed as traffic control devices. e. Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with title 24 of the Code of Regulations. B. Development and design standards for specific sign types. In addition to the general sign design requirements in section 17.74.070.A above,the following requirements shall apply to the specific sign types: 1. Awning and canopy signs. Awning and canopy signs may be permitted only as an integral part of the awning or canopy to which they are attached or applied and shall be considered wall signs for signage area calculation purposes. The following requirements shall apply: a. Only permanent signs that are an integral part of the awning or architectural projection shall be allowed. Temporary signs shall not be placed on awnings. b. Awning signs shall only be allowed for first- and second-story occupancies. 2. Monument signs.Monument signs shall only be permitted as follows: a. In an effort to promote full architectural integration of signs,voids between the sign face and the sign structure are prohibited. Either the sign face shall utilize the full width of the sign structure or coverings that are architecturally consistent with the rest of the sign shall be used to fill any voids. b. Materials and design for freestanding signs shall be complementary to the materials and design of the buildings for the related development. For example,if the facade of the building is made of brick or brick veneer, a complementary freestanding sign would also include brick. C. For monument signs in multi-tenant centers,the name of the center shall not be calculated in the maximum sign area. Rather, the name of the center shall have a separate maximum sign area of eight square feet. All tenant signs shall have a minimum letter height of eight inches. The maximum number of tenants is four tenants on each sign face. The two sign faces of a monument sign are not required to be identical in terms of tenant identification. d. Landscaping shall be provided at the base of the sign. At a minimum, landscape area shall be equal to the area of the sign. Landscaping shall be complementary to the landscaping for the overall site. The design of the landscaping shall be such that natural growth will not obscure the sign from the public right-of-way. 3. Projecting signs. Projecting signs, including,but not limited to,blade signs, bracket signs, and marquee signs, shall be considered wall signs for the purposes of sign area calculations. Projecting signs shall only be permitted as follows: a. Location.Projecting signs shall be placed only on ground-floor facades, except for businesses located above the ground level with direct exterior pedestrian access. b. Angle of projection.Projecting signs shall either be located at right angles to the building front along the building facade, or,when located on the corner of a building, at a 45-degree angle to the corner of the building. C. Height. The lowest point of a blade or bracket sign shall be a minimum of eight feet above grade. d. Projection. The sign may project a maximum of 51/z feet from the building. e. Suspension. The sign shall be suspended with a clear space of at least six inches between the sign and the building. f. Sign structure. Sign supports and brackets shall be compatible with the design and scale of the sign. g. Encroachment.Blade,bracket, or marquee signs may not encroach into the public right-of-way or be located above it,into a designated emergency vehicle/fire access lane,or into city-owned property except with an encroachment permit. h. Spacing.Projecting signs shall be spaced to maximize the visibility of signage. 4. Wall signs. a. Wall signs shall be compatible with the predominant visual architectural elements of the building facade. b. Wall signs shall not project more than 12 inches from the building facade. C. Wall sign raceways shall be concealed from public view (e.g.,within the building wall or otherwise integrated with the design of the sign and building) so as to not detract from the architectural character of the building. d. Channel letters,reverse channel letters, and pushpin letters are preferred in place of can signs. e. Signage containing multiple elements (e.g., logo and text)on one facade shall be designed so that the multiple elements are located and scaled with relationship to each other. 5. Window sign.Window signs (permanent or temporary) shall not cover more than 30 percent of the window area for each window of the establishment. Window signage may include up to two neon signs per business. (Code 1980, § 17.74.070; Ord.No. 855, § 4,2012) 17.74.080 Allowed permanent on-site sign standards. The standards of this section provide the regulations for on-site signs on private property,including height, size,placement, and illumination. Regulations are listed based upon zone and sign type. A. Format and organization of standards. The signage standards listed below are summarized,where applicable,in table format for ease of use and organization. Concepts described in these tables are as follows: 1. Collective sign area. The total sign area allowed herein for each sign type may be distributed among the maximum number of signs permitted for that sign type.For example,the total allowed area for wall signs for a particular establishment may be distributed among the maximum number of wall signs allowed for that same establishment. For form-based zones, there are additional wall sign allowances for sub-establishments as defined in chapter 17.150 (Sign Definitions). 2. Sign area allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage(e.g.,one square foot of sign per one lineal foot of primary building frontage,or 1 s£1 If).Where a ratio is described,it applies to the maximum sign area listed in Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs). 3. Form-based zones.In form-based zones, signage for residential uses shall be consistent with the standards for residential zones (e.g., as if the development were in a residential zone). For nonresidential or residential mixed-use uses, signs shall be consistent with the standards for form-based zones. B. General standards.Except as provided in subsections C,D,E,and F below,signs shall be consistent with the standards listed in Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs) as listed by base zone. TABLE 17.74.080-1 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS Development Standards(3) Sign Type Maximum Number Permitted Maximum Area Maximum Height Residential Zones Wall sign 1 sign per establishment 20 sf Roofline Institution Monument sign 1 sign per establishment 24 sf 6 It Roofline or 20 fl, Multi-family complex,<12 Wall Sign 1 sign per street frontage, 12 sf whichever is less units maximum 2 signs Monument sign 6 It Roofline or 20 fl, Multi-family complex,> 12 Wall sign 1 sign per street frontage, 24 sf whichever is less units maximum 2 signs Monument sign 6 It Permanent subdivision Wall sign 6 It 2 signs per development 24 sf identification sign Monument sign 4 It Wall sign 1 peruse 20 sf Roofline School Monument sign 1 peruse 50 sf 20 It Form-Based Zones Establishments not in a 1 wall sign perMax 3 signs 2 sf.I If,max 150 Roofline or 20 ft, Wall sign building face, multi-tenant center total sf whichever is less max 3 Development Standards(3) Sign Type Maximum Number Permitted Maximum Area Maximum Height 1 monument between Monument sign sign per street, both types 24 sf 8 ft max 2 Pedestrian traffic sign 1 per establishment 6 sf 12 ft Wall sign,primary 1 sign per establishment per 2 sf:1 1f,max 150 establishment building face,max 3 sf per establishment Roofline or 20 ft, Retail establishments in a Wall sign,sub- 1 sign per sub-establishment, 75 sq.ft.total whichever is less multi-tenant center establishment max 2 Monument(r) 1 sign per street frontage(2) 24 sf(2) 8 ft Pedestrian traffic sign 1 per establishment 6 sf 12 ft Wall signs 6 signs total(maximum 4 signs 1:1 sf to lineal Cannot project Retail establishments over per building face) frontage ratio above wall plane 100,000 square feet(free- Monument signs 1 per street frontage 48 sf 8 ft standing and within multi- 1 sign per sub-establishment tenant centers) Wall sign: sub- (maximum 3rub-establishment 75 sf(total of 3 Cannot project establishment signs) signs) above wall plane 1 sign per establishment per 2 sf:1 1f,max 50 sf Wall sign Roofline Office establishments in a building face,max 2 per establishment multi-tenant center Monument sign(n 1 sign per street frontage 24 sf 8 ft Pedestrian traffic sign 1 per establishment 6 sf 12 ft Project identification sign, 1 sign per street frontage,max Wall sign 24 sf 6 ft all development types 2 Industrial Zones 1 sign per establishment per 2 sf:1 1f,max 150 Wall sign Roofline All establishments building face,max 2 sf per establishment Monument sign(n 1 sign per street frontage(2) 24 sf(2) 8 ft Table notes: (1) On multi-tenant monument signs,the name of the center shall not be calculated in the maximum sign area.Rather,the name of the center shall have a separate maximum sign area of eight square feet.All tenant signs shall have a minimum letter height of eight inches.The maximum number of tenants is four on each sign face.The two sign faces of a monument sign are not required to be identical in terms of tenant identification. (2) May be increased to two per street frontage when signs are spaced a minimum of 300 feet apart.Alternatively,the maximum area may be increased to 48 square feet when the site frontage is longer than 500 feet.In no case may these two allowances be combined. 0) Signage required according to the fire district's standards for multi-family and commercial/mixed use/industrial facilities are exempt from the limits established by this table. C. Menu/order board signs for drive-in and drive-through uses. Each drive-in or drive-through use is permitted two menu/order board signs per drive-through lane. The sign shall not count as a sign for purposes of Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs), either in terms of number or area. The maximum height for a menu/order board sign shall be six feet and the maximum area allowed is 50 square feet.No alterations or additions (e.g.,rider signs) along the exterior of the menu/order board sign are permitted. D. Regional centers and automobile centers. The maximum number of signs permitted, maximum area,and maximum height of signs for regional shopping and automobile centers shall be determined as part of the uniform sign program. E. Movie theatres. Movie theatres are permitted a maximum of 300 square feet of building attached signage. One sign is permitted per street frontage. Movie theatres are also permitted monument signage consistent with the standards in Table 17.74.080-1 (Signage Standards for Permanent On-Site Signs). F. Service stations. Signs for service stations shall be consistent with the standards provided in Table 17.74.080-2 (Signage Standards for Permanent On-Site Signs for Service Stations). TABLE 17.74.080-2 SIGNAGE STANDARDS FOR PERMANENT ON-SITE SIGNS FOR SERVICE STATIONS Sign Type(i) Development Standards Maximum Number Permitted Maximum Area(2) Maximum Height 1 sign per street frontage, Monument 36 sf 1 8 It max 2. Wall sign,primary 1 sign per street frontage, Max 4 signs total between all types Roofline establishment max 2 2 sf:1 If,max 50 sf Wall sign,canopy 1 sign per street frontage Roofline Wall sign,sub-establishment 1 sign per sub-establishment,max 2 12 sf Roofline or 20 fl, whichever is less Table notes: (1) Only one sign is permitted. (2) Includes pricing information as required by Business and Professions Code§ 13530 et seq. (Code 1980,§ 17.74.080;Ord.No.855,§4,2012) 17.74.090 Allowed temporary on-site sign standards. This section describes standards for temporary on-site signs. All temporary signs require a temporary use permit prior to their establishment. Temporary signs may include,but are not limited to, commercial signs for grand openings or for special product, sale, or event advertising. All temporary signs must comply with the standards listed in Table 17.74.090-1 (Allowed Temporary On-Site Sign Standards) and are subject to the following: A. Time duration. 1. Generally.Display periods for temporary on-site signs shall be limited to a maximum of 90 days per calendar year, either consecutive or intermittent.Longer time periods may be permitted with issuance of a conditional use permit. 2. Subdivision signs. a. All signs for subdivisions shall be removed within ten days after all lots in the subdivision are sold. b. The subdivider shall provide the city with surety for the sign to ensure compliance with these standards. Surety shall be in the form of a cash deposit as established by resolution of the city council. B. Illumination. Temporary signs shall not be illuminated. C. Message.Temporary signs displaying a commercial message shall be limited to on-site signage only. Off-site signage displaying a commercial message shall not be permitted. TABLE 17.74.090-1 ALLOWED TEMPORARY ON-SITE SIGN STANDARDS Development Standards Sign Type Maximum Number �� Minimum Setback Maximum Area � Maximum Height Permitted from ROW(i) On-Site Subdivision Signs 1 sign per street 32 sf per side,max 2 General signs frontage of the boundary 15 ft 5 ftsides(64 sf total) of the project Flags 6 flags 15 sf per flag 15 ft 5 ft All other uses(2) Wall Roofline 5 ft 1 sign per establishment 50 sf(3) Ground sign 8 ft 5 ft Flags 1 flag 30 sf per flag 15 ft 5 fl Table notes: (1) Must be located outside of the clear visibility triangle. (2) Choice of one sign type at a time. 0) Temporary signs for special events in conjunction with an approved Temporary Use Permit are limited to a maximum of 25 square feet and require property owner approval. (Code 1980,§ 17.74.090;Ord.No.855,§4,2012;Ord.No.858§4,2013;Ord.No.879§4,2015) 17.74.100 Allowed off-site signage. A. General prohibition. Generally, all new off-site commercial signage is prohibited within the city. Existing off-site commercial signs (e.g.,billboards) are considered nonconforming signs as regulated by section 17.74.130 (Nonconforming Signs and Abandoned Signs). However, consistent with state law, the city does permit off-site subdivision directional signs as provided in this section. B. Subdivision directional signs. The purpose of subdivision directional signs is to direct the traffic related to new residential subdivisions in a manner that minimizes visual clutter,reduces unnecessary traffic through established neighborhoods, and provides an orderly, attractive, high-quality image of the city. When originally placed, signs will require a sign permit as required by this chapter. 1. A maximum of six signs may be used to lead customers to the site. 2. Signs shall be no larger than 60 inches by ten inches and shall be grouped on a four-sided sign structure as shown in Figure 17.74.100-1 (Subdivision Directional Sign). 3. A sign structure shall be located not less than 600 feet from an existing or previously approved sign site.Further,each sign may only contain the name of the subdivision and a directional arrow as shown in Figure 17.74.100-1 (Subdivision Directional Sign). 4. The placement of each sign structure shall be reviewed and approved by the planning director. 5. Signs placed on private property shall be done with written consent of the property owner and filed with the planning department prior to issuance of the permit. 6. A sign location plan shall be prepared showing the site of each directional sign and shall be submitted to the planning department prior to the issuance of the sign permit. 7. Any such sign approved for a particular subdivision within the city shall not be changed to advertise another subdivision without prior approval of the planning director. 8. There shall be no additions,tag signs,streamers,devices,display boards,or appurtenances added to the sign as originally approved. 9. Further,no other directional signing may be used such as posters or trailer signs. 10. All nonconforming subdivision directional signs associated with the subdivision in question must be removed prior to the issuance of a new sign permit. 11. A $500.00 cash deposit shall be placed with the city to ensure compliance with this title. Any sign placed contrary to the provisions of this title may be removed by the city, and the cost of removal shall be deducted from the deposit. Additional costs incurred by the city resulting from the removal of illegal signs shall be charged to the developer. 12. The sign shall be allowed until the subdivision is sold out. 13. The off-site subdivision signs program may be implemented and installed through the Building Industry Association (BIA) if an agreement is approved for the regulation and control between the city and the BIA. If such a program is implemented, all off-site subdivision signs shall be regulated and installed per the agreement and approvals between the BIA and the city. The BIA shall not install any new structures without express written consent of the planning director. FIGURE 17.74.100-1 SUBDIVISION DIRECTIONAL SIGN I � .� a �w R U (Code 1980,§ 17.74.100;Ord.No.855,§4,2012) 17.74.110 Murals. A. Purpose. Murals, as defined in this title, are an important part of the community character. As such, the city declares that murals are not signs but rather public art and are, therefore, excluded from the regulations of this chapter. B. Murals defined.The term "mural'means a hand-produced work of visual art that is tiled or painted by hand directly upon, or affixed directly to, an exterior wall of a building. Murals are of a noncommercial nature. A mural does not include the following: 1. Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; 2. Murals containing electrical or mechanical components; or 3. Changing image murals. C. Murals, as defined in this title, are hereby exempt from the regulations of this chapter. (Code 1980, § 17.74.110; Ord.No. 855, § 4, 2012) 17.74.120 Electronic display signs. A. The city finds and declares that electronic display signs pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types.The city recognizes that as of the effective date of this chapter there are several electronic display signs within the city. Such signs are declared legal nonconforming signs and may continue to operate in accordance with section 17.74.130.A (Nonconforming Signs). However,no new electronic display signs shall be established, except as provided in this chapter. B. The limitation established by this section shall not apply to manually changeable copy signs. C. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this limitation on electronic display signs. (Code 1980, § 17.74.120; Ord.No. 855, § 4, 2012) 17.74.130 Nonconforming signs and abandoned signs. A. Nonconforming signs. 1. Except as otherwise provided by this section, all existing signs which do not meet the requirements of this chapter shall be deemed nonconforming signs and shall either be removed or brought into compliance with this Code when a substantial alteration to the sign is made. Change of copy shall not be deemed a substantial alteration. For purposes of this section, a "substantial alteration" shall be defined as repair or refurbishing of any sign that alters its physical dimensions or height, or replaces any integral component of the sign including,but not limited to, alterations to exterior cabinets,bases,or poles.In addition, substantial alteration shall also include any repair or refurbishing of a sign that exceeds 50 percent of the depreciated value of the sign and structure, but excepting customary maintenance. The term "customary maintenance"means any activity or work performed for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the city and includes the following: a. Repainting the sign text, cabinet, or other component of the sign without changing the advertising message; or b. Routine replacement of border and trim with substantially the same colors and materials. 2. A nonconforming sign may remain in use provided no additions or enlargements are made thereto and no structural alterations are made therein, except as permitted for customary maintenance in section 17.74.060.G (Maintenance Requirements) of this chapter. If said nonconforming sign is destroyed or removed, or ceases to be used for the use in existence as of the effective date of the ordinance codified in this chapter, every future sign at the same location must be in conformance with the requirements of this chapter. B. Abandoned signs. Abandoned signs may be abated by the city. For regulatory purposes, any factors indicating abandonment shall not begin occurring until 120 days after this chapter first goes into effect. (Code 1980, § 17.74.130; Ord.No. 855, § 4, 2012) Chapter 17.76 ALTERNATIVE ENERGY SYSTEMS AND FACILITIES 17.76.010 Purpose and applicability. This chapter sets forth provisions for the development of alternative energy systems to protect public health and safety while supporting efforts to develop small-scale,distributed energy generation to reduce the amount of electricity drawn from the regional power grid. For expedited permitting requirements of small residential rooftop solar energy systems, see Chapter 15.36 of Title 15 (Buildings and Construction). (Code 1980, § 17.76.010; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013) 17.76.020 Development criteria for solar systems. A. All new residential development projects, except condominium conversions, shall providefor future passive or natural heating or cooling opportunities(lot size and configuration permittingorientation of a structure in an east-west alignment for southern exposure or lot size and configuration permitting orientation of a structure to take advantage of shade or prevailing breezes). 1. Consideration shall be given to local climate,to contour,to lot configuration,and to other design and improvement requirements. 2. Consideration shall be given to provide the long axis of the majority of individual lots shall be within 22.5 degrees east or west of true south for adequate exposure for solarenergy systems. B. In the Neo-Industrial(NI) and Industrial Employment(IE)Zones an on-site renewable energy system must be provided on all new industrial developments that include the construction of a new building, which meets the following standards. 1. The renewable energy system may be a solar collector system or other form of on-site renewable energy, provided such renewable energy source is recognized by the Stateof California as a renewable resource under the Renewable Portfolio Standard Program. 2. The renewable energy system shall be built to generate an amount of electricity sufficient to meet the following criteria: a. Annualized building demand based on the approved use or,if no use is proposed, then the demand for the most energy intensive use that could occupy the building; and b. Annualized demand required to charge fully electric vehicles and trucks, assuming that all vehicles and trucks to the site are fully electric; and C. A reasonable rate of efficiency loss over 10 years. 3. The renewable energy system shall be metered separately from the non- renewable metered power usage of the building. 4. Solar collectors may be installed on support structures that provide shade over parking areas to achieve minimum requirements. 5. Developments subject to this section and subject to a conditional use permit shallphase construction and operation ofrenewable energy sources pursuant to aphasing planapproved by the city engineer and subject to the following requirements: a. Renewable energy generation in each phase shall meet or exceed annualizeddemand for the facility described in subsection 2(a)through 2(c)above basedon the proposed use,building design and operation and electric vehicles andtrucks anticipated to be in operation during each phase; b. Identify thresholds and events that would prevent or cause progress to the next phase; C. Provide for biennial review and evaluation of the building and electrical demand for compliance with the phasing plan conditions; and d. Phasing plans shall include a tolling provision to delay implementation of all or a portion of the plan's implementation should the electric utility serving the development provide written certification that it can only accept a specified limited amount of renewable energy from the development along with an explanation of why and what events would trigger a change or increase in theamount accepted. The need for continued tolling shall be recertified by the electric utility as part of the biennial review and evaluation described in paragraph 5(c) above. C. No person shall allow a tree or shrub to be placed or grown so as to cast a shadow greaterthan ten percent of the collector absorption area upon that solar collector surface on the propertyof another at any one time between the hours of 10:00 a.m. and 2:00 p.m., provided that this section shall not apply to specific trees and shrubs which at the time of installation of a solar collector or during the remainder of that annual solar cycle cast a shadow upon that solar collector. D. The location of a solar collector is required to comply with the local building and setback regulations and to be set back not less than five feet from the property line or any easement thatis adjacent to the property line. E. Developers of all new residential subdivisions shall dedicate easements for the purpose of assuring that each lot or dwelling unit shall have the right to receive sunlight across adjacent lots or units for use of a solar energy system. The easements may be contained in a declarationof restrictions for the subdivision, which shall be recorded concurrently with recordation of the final map or issuance of permits, whichever shall first occur. The easements shall prohibit the casting of shadows by vegetation, structures, fixture, or any other object, except for utility wires and similar objects. FIGURE 17.76.020-1 SOLAR ACCESS y Y l a9R• v4 . . ti No tree or shrub shall be placed or grown so as to cast a shadow greater than 10 percent of the ti collector absorption area upon that solar collector surface on the property of another at any one time between the hours of 10 a.r n.and 2 p.m. FIGURE 17.76.020-2 SOLAR ORIENTATION N KEE cf � G atrY l ry( is" rJa ryry h ri HE M e YJf V'raY C p..lJ a a1r M fJJY1 f;s ICI✓fY V/ / d (Code 1980, § 17.76.020-1 Ord. No. 855, §4,2012) 17.76.030 Development standards for wind energy systems. A. General development standards. 1. Siting.Wind energy systems are prohibited on ridgelines. 2. Setbacks.All wind energy systems shall comply with existing setbacks for the zonein which it is located as well as any fire code setback requirements. 3. Color. Structural components including, but not limited to, towers and blades shallbe of a nonreflective, unobtrusive color. 4. Guy wires.The use of guy wires is prohibited. Towers shall be self-supporting. 5. Utility connections. For interconnected systems, no wind energy system shall be installed until evidence has been notified and indicated that the proposed interconnectionis acceptable. On-site electrical wires associated with the system shall be installed underground, except for"tie-ins"to the electric utility service provider and its transmissionpoles, towers and lines. 6. Exterior lighting. Exterior lighting on any wind energy system shall be prohibited unless specifically required by the Federal Aviation Administration. 7. Signs. No advertising sign or logo shall be placed or painted on any wind energy system, including towers and blades. 8. Noise. All wind energy systems are subject to noise standards as outlined in section 17.66.050 (Noise Standards). 9. Rotor safety.All wind energy systems must be equipped with manual and automatic over-speed controls to limit the rotational speed of the blades within the designlimits of the rotor. 10. Electromagnetic interference.All wind energy systems shall be designed,installedand operated so that no distributing electromagnetic interference is caused. Disruptive interference from the facility shall be promptly rectified to include the discontinuedoperation of the wind energy system. 11. FAA regulations. All wind energy systems shall comply with applicable FAAregulations, including any necessary approvals for installations to close to airports. B. Residential site development standards. 1. Height.The maximum height for a small wind energy system is limited as follows: a. Freestanding systems shall not exceed 40 feet in height above grade level. b. Roof-mounted systems shall not exceed 15 feet in height above thestructure on which the system is mounted. 2. Number of systems. The maximum number of wind energy systems is limited as follows: a. Freestanding systems: One per parcel. b. Roof-mounted systems: Two per parcel. C. Industrial site development standards. 1. Height.The maximum height for a small wind energy system is limited as follows: a. Freestanding systems shall not exceed 100 feet above grade level measured from finished grade to the center of the turbine hub. b. Roof-mounted systems shall not exceed 25 feet in height measured from the center of the turbine hub to the roof surface above the structure on which the system is mounted. 2. Number of systems. The maximum number of wind energy systems is limited as follows: a. Freestanding systems: Two per parcel. b. Roof-mounted systems: Four per parcel. 3. Tower access. Towers must provide one of the following: a. Tower climbing apparatus located no closer than 12 feet from the ground; b. Have an anti-climb device installed on the tower; C. Provide a tower-access limitation program approved by the reviewingauthority. D. Abandoned wind energy systems. Any wind energy system that is not used for aconsecutive 12- month period shall be deemed abandoned. The property owner or permittee shallremove the wind energy system, clear the site of all equipment and restore the site as nearly as practicable to the condition prior to the installation of the wind energy system. Chapter 17.77 TRANSFER OF DEVELOPMENT RIGHTS 17.77.010 Purpose and Intent. This chapter establishes a transfer of development rights program whereby development rights from one parcel may be transferred to another within the city for valuable consideration. The program provides an effective and predictable incentive process for property owners to protect and preserve open space, environmentally sensitive areas,park sites,recreational areas, rural and resource lands,while ensuring that sufficient residential density is developed within appropriate areas of the city. 17.77.020 Establishment of Transfer of Development Rights Program A. Notwithstanding any other provision of this title regarding residential density, the number of dwelling units permitted to be built upon a sending site may be transferred and developed upon a receiving site in accordance with the provisions of this Chapter and the Policies and Procedures Manual. B. All parcels within the city that hold a residential development right are eligible to participate in the program as a sending site. C. All parcels within the city where residential uses are permitted or conditionally permitted are eligible to participate in the program as a receiving site. 17.77.030 Establishment of TDR Authority A. There is hereby established the City of Rancho Cucamonga Transfer of Development Rights JDR) Authority. The TDR Authority shall facilitate the purchase and sale of development rights consistent with the Policies and Procedures Manual adopted by the City Council. The TDR Authority shall facilitate the sale of development rights between private parties and may act as a market maker if needed. The TDR Authority may buy, sell, and hold development rights. Residential development credits may be purchased by the City or donated to the City and retained in the TDR Authority for later sale. B. Development rights purchased from the'TDR Authority may only be used on receiving sites in the City. TDR development rights purchased by the TDR Authority through the outright purchase of a sending site property,or through the purchase of only the development rights from a sending site property,may be retained by the TDR Authority indefinitely. C. In order to effectuate and administer the TDR Program, the City Manager shall have the authority on Behalf of the TDR Authority to issue all consents and approvals under,and execute,program documents approved by resolution of the City Council on behalf of the TDR Authority. 17.77.040 Procedures for Transferring Development Rights The procedures for apply to participate in the TDR Program,appraising and valuing sending site residential development rights, determining the number of residential development credits for receiving sites, conserving the sending site as open space, and other related matters shall be as set forth in the Policies and Procedures Manual. 17.77.050 Utilization of Residential Development Credit on Receiving Site Upon sale of a residential development right by the TDR Authority to a receiving site, the approving authority for any entitlement that utilizes the residential development credit(s) shall permit in the additional density authorized by the credit as part of the proposed development upon finding that the criteria established by this Chapter has been met and that the transfer will result in the permanent preservation of open space on the sending site. Chapter 17.78 TRANSPORTATION DEMAND MANAGEMENT 17.78.010 Purpose and applicability. The purpose of transportation demand management(TDM)requirements is to encourage large employers to implement programs and make site improvements that will help reduce the number of single- occupancy vehicle commuters on the roads. Large numbers of commuters have many negative impacts on the community such as increased traffic congestion,reduced worker productivity, and air quality and other environmental impacts. TDM strategies include,but are not limited to, employer-provided transit passes/parking credits, low-speed communications infrastructure for telecommuting, and carpooling incentives. TDM requirements apply to all new office, commercial, mixed use, or industrial developments. TABLE 17.78.010-1 TRANSPORTATION DEMAND MANAGEMENT(TDM) REQUIREMENTS BASED ON DEVELOPMENT SIZE Type of Use Minimum Development Size Office (excluding medical) 80,000 sf Industrial Office Park(MP) 200,000 sf Hospital and Medical Offices 100,000 sf Commercial 150,000 sf Light Industrial (M-1) 250,000 sf Heavy Industrial(M-2) 350,000 sf Hotels/Motels 150 rooms Mixed or Multiple Uses Table notes: The minimum development size for mixed or multiple-use developments shall be calculated based on the proportional square footage of areas devoted to each type of use. (Code 1980,§ 17.78.010;Ord.No.855,§4,2012) 17.78.020 Development standards. When applicable, development project are subject to the following: A. Passenger loading areas.Parking areas for major development projects shall designate a passenger loading area or areas for embarking and disembarking passengers from ridesharing vehicles. Such passenger loading areas shall be located at the point(s)of primary pedestrian access from the parking area to the adjacent building,or buildings,and shall be designed in such a manner that vehicles waiting in the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be designed as a turnout as indicated by the below diagram and shall be large enough to accommodate the number of waiting vehicles equivalent to one-half percent of the required parking for the project. See Figure 17.78.020-1 (Passenger Loading Areas). FIGURE 17.78.020-1 PASSENGER LOADING AREAS �rr�irqu�88u�8%%'�888�flBB�o�u"II@om8o8uuuuBinpu /rG;,or/ihN��/a r��/ii/ �/ r���%io B. Preferential parking spaces for carpool and vanpool vehicles.All development projects subject to transportation demand management(TDM)provisions shall reserve and designate at least ten percent of the employee parking spaces for the project for ridesharing vehicles by marking such spaces "Carpool/Vanpool Only."Such spaces shall be located near the building entrance(s),covered,shaded, or in some other obvious way be determined as preferential. For purposes of this section, the factors listed in Table 17.78.020-1 (Employee Parking Ratios) shall be used to determine the number of employee parking spaces. TABLE 17.78.020-1 EMPLOYEE PARKING RATIOS Type of Use Percentage of Total Parking Devoted to Employee Parking Office (excluding medical) 70% Hospital and Medical Office 50% Commercial/Mixed Use 30% Industrial 70% A. Shower and locker facilities. All development projects where TDM provisions apply shall provide shower and locker facilities for use by employees or tenants who commute to the site by bicycle or walking. Such facilities shall be clearly indicated on all development/improvementplans. One shower and eight lockers with minimum dimensions of 12 inches by 18 inches by 36 inches shall be provided for each 200 employees or fraction thereof, based on the equivalent development size data. The shower and locker facilities must be located convenient to one another and should be located near the employee bicycle parking facilities whenever possible. B. Video conferencing. Office parks where TDM requirements apply shall provide on-site video conference facilities. C. Employer requirements. In addition to the above requirements, employers subject to TDM shall be implement at least two of the following: 1. Ridesharing program,including: a. Distribution of ridesharing matching forms to all new employees and at least once a year to continuing employees. b. Yearly surveys of employees to determine interest in ridesharing. C. Designation of staff member to assist other employees in finding carpool matches. d. Advertising and promotions to generate interest and viability for the program. e. Tailoring of work hours to facilitate ridesharing. 2. Leasing of vans, at cost,for employees who vanpool. 3. Provision of company fleet cars at nominal cost for commuting by carpoolers. 4. Subsidized transit passes or transit service. 5. Modified work hours. (Code 1980, § 17.78.020; Ord.No. 855, § 4, 2012) Chapter 17.80 TREE PRESERVATION 17.80.010 Purpose. The purpose of this chapter is to protect trees from indiscriminate cutting or removal,recognizing their contribution as a community resource which provides shade, sequesters carbon, and purifies the air. . (Code 1980, § 17.80.010; Ord.No. 855, § 4, 2012) 17.80.030 General provisions. A. Trees overhanging a street. Pruning of branches is required so that such branches shall not significantly obstruct any streetlight or obstruct the view of any street intersection, and so that there shall be a clean space of 14 feet six inches above the surface of the street and eight feet above the sidewalk. The owner shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which constitute a threat to the safety of the public. B. Nuisance trees. The following trees may be considered a nuisance by the city and are subject to pruning or removal requirements: 1. Any tree that interferes with proper traffic sight distances, or interferes with visibility of any traffic-control device or sign. 2. Any tree which constitutes a hazard to life and property or harbor insect(s), fungi, or disease(s) which constitute a threat to other trees within the city. 3. Any tree which is an unsafe condition or which by reason of its nature or growth is injurious to sewers,power lines, gas lines,waterlines, or other public improvements. 4. Any tree which presents a risk of damage to public improvements or facilities, or is a violation of the Americans with Disabilities Act. C. Credit for tree preservation. Existing trees which are not removed shall be credited toward tree requirements in the following manner at 1:'/z ratio, e.g., an existing healthy tree with six-inch minimum trunk diameter measured at breast height is equal to three trees to be installed(parking lots only). D. Conflict between structures and protected trees.In case of conflict between the proposed structure location and a protected tree, all reasonable alternatives shall be considered for location of the structure prior to removal of a heritage or protected tree or trees. E. Use of explosives.The removal of trees and/or any part of a tree with explosives is prohibited..(Code 1980, § 17.80.030; Ord.No. 855, § 4, 2012) 17.80.040 Tree replacement policy. A. All heritage tree removal shall require replacement with the largest nursery-grown tree(s) available as determined by the planning director or planning commission. Heritage tree relocation to another location on the site is the preferred alternative to replacement subject to a written report by a landscape architect or arborist on the feasibility of transplanting the tree. B. To assist the planning director in making a determination,the applicant for a tree removal permit may be required to submit an arborist report prepared by a qualified arborist to determine the replacement value of the tree(s)to be removed. (Code 1980, § 17.80.040; Ord.No. 855, § 4, 2012) 17.80.050 Protection of existing trees. Care shall be exercised by all individuals, developers, and contractors working near preserved trees so that no damage occurs to such trees. All construction shall preserve and protect the health of trees to remain,relocated trees, and new trees planted to replace those removed in accordance with the following measures: A. All trees to be saved shall be enclosed by an appropriate construction barrier,such as chain-link fence or other means acceptable to the planning director, prior to the issuance of any grading permit or building permit and prior to commencement of work. Fences are to remain in place during all phases of construction and may not be removed without the written consent of the planning director until construction is complete. B. No substantial disruption or removal of the structural or absorptive roots of any tree shall be performed. C. No fill material shall be placed within six feet from the outer trunk circumference of any tree. D. No fill materials shall be placed within the drip line of any tree in excess of eight inches in depth. This is a guideline and is subject to modification to meet the needs of individual tree species as determined by an arborist or landscape architect. E. No substantial compaction of the soil within the drip line of any tree shall be undertaken. FIGURE 17.80.050-1 TREE DRIP LINE J Ip 6 o r in eu*is c4 Y 8'w i6in defnh F. No construction,including structures and walls, that disrupts the root system shall be permitted. As a guideline,no cutting of roots should occur within a distance equal to 3�/z times the trunk diameter, as determined in DBH inches at a height of 4.5 feet. Actual setback may vary to meet the needs of individual tree species as determined by an arborist or landscape architect.Where some root removal is necessary, the tree crown may require thinning to prevent wind damage. G. The planning director may impose such additional measures determined necessary to preserve and protect the health of trees to remain,relocated trees, and new trees planted to replace those removed. (Code 1980, § 17.80.050; Ord.No. 855, § 4, 2012) 17.80.060 Tree maintenance. A. The maintenance of trees standing upon private or homeowner-owned property shall be the responsibility of the owner or owners of those properties. B. All trees on public and private property, within residential, commercial, or mixed use areas shall be maintained in accordance with industry standards and with the International Society of Arboriculture or ANZI 133.1 standards. C. Builders shall be required to prune, treat, and maintain existing trees and plant new ones in such a fashion that when the trees become city, association, or private property, the trees will be free of various damage,pests,diseases,and dead branches.The trees shall be in good biological and aesthetic condition upon acceptance. Chapter 17.82 WATER EFFICIENT LANDSCAPING 17. 2.010 Purpose. The purpose of this chapter is to ensure the design,installation and maintenance of landscapes in the city meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO). (Ord.No. 922 § 6, 2017) 17. 2.020 State Model Water Efficient Landscape Ordinance. The city adopts the State of California's MWELO,which is found in sections 490 through 495 of Chapter 2.7, Division 2, Title 23 of the California Code of Regulations. (Ord.No. 922 § 6,2017) ARTICLE E V. SPECIFIC IC USE REQUIREMENTS Chapter 17.86 ADULT BUSINESS USES 17.86.010 Purpose and intent. It is the intent of these regulations to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors,public parks, and residential zones. The city council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purpose of these regulations to establish reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses while permitting the location of adult businesses in certain areas. (Code 1980, § 17.86.010; Ord.No. 855, § 4, 2012) 17.86.020 Development and operational standards. Qualifying adult business uses as defined in Article IX, chapter 17.142(Adult Business Definitions) shall comply with all of the following development, operational, and maintenance standards: A. Areas for adult entertainment establishments. Adult entertainment establishments are permitted only in those areas of the city within industrial zones as specified in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone) and are not permitted west of Haven Avenue. Establishments are further subject to the proximity requirements of this section. The development standards applicable to the establishment of an adult entertainment business shall be as set forth in this Development Code for a zone and use most comparable to the proposed adult entertainment business, as determined by the planning director. B. Minimum proximity requirements. No adult entertainment establishment shall be established within specified distances of certain specified land uses as set forth below: 1. No such establishment shall be established within 1,500 feet of any other adult entertainment establishment. 2. No such establishment shall be established within 1,500 feet from any existing residential dwelling, residentially zoned property, church or similar place of worship, school or day care facility (public or private), park or playground, recreational facility, hospital, public buildings (e.g.,city hall,county offices,courthouse,libraries,etc.),and the right-of-way on Haven Avenue, Milliken Avenue, 4th Street, Foothill Boulevard, and the I-15 freeway. C. Measurement of distance between uses. The distance between any two adult entertainment establishments shall be measured in a straight line,without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult entertainment establishment and any school, public park, or residential zone, etc., shall be measured in a straight line without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line of the school,public park, or residential zone, etc. D. Closed viewing areas. No adult use or adult entertainment business shall maintain closed areas, booths,cubicles,rooms,or other areas within its place of business that are used,designed,or furnished Page 1 for private sexual activity. No nudity or sexual activities by customers shall be allowed on the premises. All portions of the premises shall be available by access and visual inspection at all times by any city inspectors standing at the front door (not to include existing and approved restroom facilities). (Code 1980, § 17.86.020; Ord.No. 855, § 4, 2012) 17.86.030 Permit requirements. It shall be unlawful to establish or operate, or cause or permit to be operated, any adult entertainment establishment without first obtaining an adult entertainment zoning permit from the planning commission consistent with requirements of chapter 17.14(General Application Processing Procedures) and chapter 17.20(Planning Commission Decisions). (Code 1980, § 17.86.030; Ord.No. 855, § 4, 2012; Ord. No. 860 § 4, 2013) 17.86.040 Violations and penalties. A. Criminal violation. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this section. Any person, firm, partnership, or corporation violating any provision of this section or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor,and upon conviction thereof,shall be punished by a fine not exceeding $1,000.00 or by imprisonment not exceeding six months,or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which violation of any of the provisions of this section is committed, continued, or permitted by such a person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this section. B. Civil remedies available. A violation of any of the provisions of this section shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisance. (Code 1980, § 17.86.040; Ord.No. 855, § 4, 2012) Chapter 17.88 ANIMAL REGULATIONS 17.88.010 Purpose. The purpose of this chapter is to establish reasonable limits related to animal keeping which is considered accessory to residential use and is limited according to the provisions within this chapter. Further,this chapter ensures that the keeping,raising, and maintenance of domestic pets, livestock animals, and bees within the city does not create an adverse impact on adjacent properties by reason of dust, fumes,noise, odor,insect or vermin infestations, or visual blight, and to maintain animal welfare and public health, safety, and well-being. This chapter makes a distinction between household pets, exotic animals and typical livestock and larger animals. (Code 1980, § 17.88.010; Ord.No. 855, § 4, 2012) 17.88.020 Standards for Animal Keeping. A. Limitations on the Number of Animals. 1. Number of animals. a. The number of animals permitted on any lot is provided in Table 17.88.020-1 (Number of Animals Permitted by Zone). Page 2 b. The overall maximum number of animals that can be kept on a property can be a combination of the permitted different animal group types provided that: i. The property complies with the minimum lot size requirement for each individual type of animal; and ii. The number of each individual type of animal does not exceed the maximum number of each type of animal(s)permitted on the property. 2. Offspring. a. Young animals born to a permitted animal listed in Table 17.88.020-1 kept on the lot may be kept until such animals are weaned(i.e. cats and dogs - four months; large animals - six months; and horses - 12 months). b. Young animals are not subject to the maximum number of animals allowed in Table 17.88.020-1 (Number of Animals Permitted by Zone). Table 17.88.020-1 NUMBER OF ANIMALS PERMITTED BY ZONE Zones in Which Maximum Number of Animals Type of Animal Animals are Permitted by Lot Size (sq.ft.) Permitted <7 200 7,200— >10,000 >20 000 9,999 — 19,999 — Domestic Pets Cats All zones 3 3 4 4 Dogs All zones 3 3 4 4 Pigeons, doves,parrots, All zones 5 10 20 25 and other small birds Exotic Animals' Exotic animals All residential and Number and type permitted determined form-based zones by Minor Use Permit process Livestock and Poultry Large Livestock I animal er 10,000 sq. ft. of lot area Bovine VL and L zones - - - 3 Horses VL and L zones - - - 6 Medium Livestock(I animal per 5,000 sq. ft. of lot area) Llamas, alpacas, donkeys, ponies, or similar-sized VL and L zones - - - 4 animals Sheep, goats, swine, or VL, L, and ME1 similar-sized animals zones 6 Small Livestock I animal per 5,000 sq. ft. of lot area Dwarf and pygmy goats, miniature pigs or similar- VL and L zones - - 4 6 sized animals Poultry(non-crowing), All residential and Rabbits form-based zones - 4 5 25 Poultry(crowing) VL zone only3 - - - 2 ME zone only4 - - - 6 Bees Bee colonies VL zone only - - - 2 Page 3 Table 17.88.020-1 NUMBER OF ANIMALS PERMITTED BY ZONE Total number of pigeons, doves,parrots, and other small birds per lot. Exotic animals require a Minor Use Permit in all residential and mixed-use zones. Additional findings in Section 17.88.040 shall be met. 3 For crowing poultry in the VL zones, a minimum of one acre is required. The maximum number of animals allowed is 2, subject to compliance with Section 17.66.050 (Noise Standards). 4 For crowing poultry and livestock in the MEl zone, a minimum of 10 acres is required. The maximum number of animals allowed is 6, subject to compliance with Section 17.66.050 (Noise Standards). B. General Rules and Restrictions. 1. Manure storage and removal. a. Removal of manure must occur no less than once a month or as necessary to ensure the health, safety, and welfare of residents and visitors to the area. b. Manure shall be stored within enclosures built expressly for this purpose. Manure storage containers shall be setback a minimum of 50 feet from any perimeter property line. C. Any conditions that result in odors,unsightly areas,or infestation that can be detected beyond the property line shall be deemed a public nuisance and/or health hazard and shall be abated within seven days of proper notice. d. Nothing in this subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn, or ranch in a manner that is compatible with customary methods of good horticulture. e. No incineration of animal refuse shall be permitted on the premises. 2. Feeding of livestock shall be done exclusively from containers (e.g., a trough) or on an impervious platform. Food for feeding livestock shall be stored in rodent and predator resistant containers. The area where livestock are fed must be located a minimum of 20 feet from any habitable dwelling. 3. Watering troughs or tanks shall be provided,which shall be equipped with adequate facilities for draining the overflow,to prevent the ponding of water,the breeding of flies,mosquitoes,or other insects, or any additional health hazards. Watering troughs must be located a minimum of 20 feet from any dwelling. 4. Shelters must be covered, predator-resistant, properly ventilated, and designed to be easily accessed, cleaned, and maintained. 5. All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties;is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties. Page 4 C. Standards for specific animal types. 1. Winged animals. a. Winged animals must have wings clipped or be contained in a covered enclosure at all times in order to ensure they are confined on the property. 2. Large livestock. (See Table 17.88.020-1 for standards for the number of animals) a. Shelters for large livestock must be located: i. No less than 50 feet from any primary or main dwelling unit. ii. No less than 10 feet from any property line. b. Additional standards for horse corrals. i. Horse corrals or enclosed box stalls shall have a minimum area of 12x 12 feet for each animal. ii. The corral and stable shall be located not less than 50 feet from all neighboring dwellings. iii. Horse corral fences shall be at least five feet in height and constructed securely to confine the horses. iv. A permanent shelter shall be provided to serve all large livestock including horses maintained on the property,with an area of 60 square feet for the first horse and an additional 36 square feet for each additional horse. Shelter shall consist of structures with an overhead cover to screen direct sunlight,wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain. V. The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure,mud,or refuse shall be eliminated so as to prevent the breeding of flies. vi. Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties. C. Deed restrictions. New subdivision conditions, covenants and restrictions shall not prohibit the keeping of equine animals,where zone requirements for the keeping of said animals have been met. Individual lot owners shall have the option of keeping equine animals without the necessity of appealing to boards of directors or homeowner's associations for amendments to CC&Rs. A copy of the CC&Rs for single-family subdivisions shall be reviewed and approved by the city prior to final map recordation. Except as provided hereinabove, this section shall not be construed to supersede animal regulations contained in the conditions, covenants, and restrictions of any site or dwelling unit. However,in no case shall private deed restrictions permit animals or numbers of animals beyond those allowable in this section. 3. Medium livestock (See Table 17.88.020-1 for standards for the number of animals) a. No pigsty shall be built or maintained on marshy ground or land subject to overflow, or within 150 feet of any watercourse or other source of water supply, or within 300 feet of a dwelling unit on an adjoining property. Page 5 b. A permanent shelter shall be provided to serve all medium livestock with an area of 30 square feet for the first anima and an additional 20 square feet for each additional animal. Shelter shall consist of structures with an overhead cover to screen direct sunlight,wind, and rain and constructed such that they are weatherproof and will not be damaged by wind or rain. C. The corral and stable areas shall be sprinkled with water or otherwise treated so as to prevent dust, and all accumulation of manure, mud, or refuse shall be eliminated so as to prevent the breeding of flies. d. Any effects such as odors, dust, and flies which may be created from the keeping of such animals shall not be detectable from adjacent properties e. Shelters for medium livestock must be located: i. No less than 50 feet from any primary or main dwelling unit. ii. No less than 10 feet from any property line. 4. Small livestock. (See Table 17.88.020-1 for standards for the number of animals) a. Shelters for small livestock must meet the following requirements: i. Be located no less than 10 feet from property lines abutting another residential lot and at least 20 feet from the nearest primary or main dwelling. ii. May extend up to any property line abutting a public alley right-of-way or private alley tract. iii. Livestock containment areas must have a minimum of 10 square feet of permeable outdoor space per poultry or rabbit, and 130 square feet of permeable space per miniature goat or miniature pig. iv. Livestock containment areas must have a minimum of four-square feet of indoor space per poultry or rabbit. b. Miniature goats, miniature pigs,or similar-sized animals. i. Miniature goats shall be neutered by four months of age. Miniature pigs shall be spayed or neutered by four months of age. ii. Male miniature pigs two years of age or older shall have their tusks properly trimmed. D. The keeping of all animals must comply with all applicable local, state, and federal regulations 17.88.030 Standards for beekeeping. A. Beekeeping is allowed in the VL zone. The principal use of the property on which beehives are kept must be residential. B. Beehives, structures for housing honeybees, shall only be located in rear yards and shall be placed a minimum of 50 feet from any property line, street, road, highway, public school, park, property boundary, and from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary or further if determined to be beneficial for health and safety purposes. In all zones, the entrance to the beehive shall face away from the property line closest to the hive. C. A flyway barrier made of a solid wall,fence,dense vegetation,or combination of these materials that extends beyond the hives on each end of a bee colony shall be established and maintained so that all Page 6 bees are forced to fly at an elevation of at least six feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Chapter 17.48 (Fences, Walls, and Screening), as well as the following: 1. Be a minimum of six feet tall; 2. Be solid such that bees cannot fly through it; 3. Be placed parallel to the property line; and 4. Extend a minimum of five feet beyond the beehive(s)in each direction. D. A plentiful source of water less than 300 feet from the apiary shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools,pet watering bowls, bird baths, or other water sources off the premises of the apiary. E. In any instance in which a bee colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition towards swarming, beekeepers shall promptly re-queen the colony with another marked queen. Queens shall be selected with a gentle disposition from stock bred for gentleness and non-swarming characteristics. An owner/keeper of a beehive must be able to produce proof of a receipt from a queen breeder. 17.88.040 Additional findings for exotic animals. Prior to approval of a Minor Use Permit(MUP) for exotic animal keeping,the planning and the animal services director shall make the following additional findings: A. The keeping of the animal at the location specified in the application will not violate any federal, state, or local law. B. Odor,noise, dust, and drainage from the keeping and maintenance of the animal will not cause a nuisance or hazard to the public. C. The keeping and maintenance of the animal will not endanger the peace,health, or safety of persons in the immediate vicinity, or in the city as a whole. Chapter 17.89 CAR WASHING AND DETAILING 17.89.010 Purpose. The purpose of this chapter is to regulate car washing and detailing uses,including mobile car washing, with development standards and operational requirements that will ensure high quality car wash development and address the mitigation of impacts that can be associated with car washes such as noise, water and air quality, aesthetics, and traffic related impacts. (Ord.No. 948 § 6, 2019) 17.89.020 Development standards. A. The site layout and design shall ensure that the queuing and drying areas will not create overspill onto adjoining walkways and streets, or onto adjacent properties/parcels not associated with the car wash use. B. All washing facilities shall be completely within an enclosed building. C. Whether automatic, by hand, or self-service, the car wash structure (including wash bays) shall be located a minimum 100 feet from the boundary of any residentially zoned or developed property. Page 7 D. All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Buildings shall be oriented toward the primary street, with auto-servicing use/activity located in the rear of the site. Vehicular openings shall not face any adjacent residentially zoned or developed property. E. Vacuuming facilities shall not be located along public or private streets and shall be completely screened from adjacent residential properties for noise attenuation purposes. Additional noise attenuation may be required depending on the number of vacuums, including distance separation, to the satisfaction of the planning director. F. The car wash structure must be architecturally compatible in terms of mass,scale,and building colors and materials with any other buildings on site and with the surrounding neighborhood. G. The queuing area shall be of a sufficient length to accommodate the necessary stacking of vehicles. The stacking distance shall be determined through a parking study as provided in Chapter 17.64 (Parking and Loading Standards). Each drive-through lane shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site. (Ord.No. 948 § 6, 2019) 17.89.030 Operational requirements. A. Hours of operation shall be limited to Monday through Saturday, 8:00 a.m.to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m., unless site specific circumstances otherwise warrant alternative hours of operation, as determined through the conditional use permit process. B. Recycling of water used for vehicle washing shall be maximized. The use of recycling water systems and the disposal of water fluids and solids shall comply with applicable state and federal guidelines/standards and must be approved by the engineering services department. C. All mechanical ventilating equipment shall be directed to exhaust vents and cannot face adjacent residential properties. Exhaust systems shall be equipped with appropriate control systems to minimize or eliminate noxious pollutants that may impact ambient air quality and must adhere to all applicable local, state, and federal air quality standards. D. All uses at the subject site, including any power driven or steam cleaning machinery, drying equipment, or vacuuming machines shall maintain noise levels below the levels provided in Section 17.66.050 (Noise standards)of this code. E. The installation and operation of outdoor loudspeakers or public address systems is not permitted. (Ord.No. 948 § 6, 2019) 17.89.040 Mobile car washing and detailing. Mobile car washing and detailing is considered an incidental use related to the permitted principal land use in any zone upon which the activity takes place. A city business license and any applicable permits related to wastewater or environmental protection must be obtained. The following operational requirements shall apply to all mobile car washing and detailing uses: A. Operators are prohibited from engaging in washing the exterior of a vehicle on any public street or public right-of-way, or on any vacant unimproved lot. B. Mobile car washing and detailing businesses operating in non-residential zones shall not operate within 300 feet of a boundary of a residential zone and/or residential structure. Page 8 C. Hours of operation in residential zones shall be limited to Monday through Saturday, 8:00 a.m. to 7:00 p.m., and Sunday, 9:00 a.m. to 6:00 p.m. Hours of operation in non-residential zones shall be limited to Monday through Sunday, 8:00 a.m.to 7:00 p.m. D. In nonresidential zones, mobile car washing, and detailing businesses shall not operate at the same location and/or at the same property for more than four hours during the permitted hours of operation (as identified above) and shall not operate for more than one day per week. E. In nonresidential zones, mobile car washing, and detailing businesses shall not service more than 20 vehicles per location per week. F. Operators shall maintain noise levels below the levels provided in Section 17.66.050 "Noise standards"of this Code. G. The operator of a mobile car washing, and detailing business shall obtain, and have evidence of, the authorization of the property owner (or the property owner's authorized representative) to operate prior to commencement of operations and throughout the duration of the activities. H. At all times operators shall either contain wastewater for disposal off site or divert wastewater to a sanitary sewer on site to the satisfaction of the engineering services director/city engineer. (Ord.No. 948 § 6, 2019) Chapter 17.90 DRIVE-IN AND DRIVE THROUGH USES 17.90.010 Purpose. This chapter regulates drive-through facilities to ensure that an adequate amount of space is allocated for on-site maneuvering and circulation,that vehicles in a queue for service do not impede traffic on abutting streets and parking areas,and that stacking lanes will not have nuisance impacts on nearby residential uses. This chapter establishes development standards to mitigate the impacts of traffic,congestion,excessive pavement,litter,and noise while ensuring pedestrian connectivity is uninterrupted by vehicles and outdoor spaces are provided and preserved. (Code 1980, § 17.90.010; Ord.No. 855 §4,2012) 17.90.020 Applicability. A. These development standards apply to all uses that include drive-through facilities and to all portions of a development that comprise the drive-through facility. B. The development standards for new uses with drive-in and drive-through sales and services, the addition of drive-through facilities to existing developments, and the relocation of existing drive- through facilities will be reviewed in conjunction with any required conditional use permit and/or major design review application. (Code 1980, § 17.90.020; Ord.No. 855 § 4, 2012) C. The approval of a drive-through facility shall require that the review authority to make all of the following findings, in addition to those required for a conditional use permit as stated in section 17.20.060 (Conditional use permit). 1. The proposed amount of parking, circulation plan, and traffic management plan will provide adequate area for safe stacking and maneuvering of vehicles, and the site design will provide adequate buffering of the use from adjoining land uses; 2. The proposed location of the drive-through facility will not result in adverse impacts upon the vicinity after giving consideration to a litter clean-up plan, the hours of operation, and the site plan; Page 9 3. The proposed location of the drive-through facility will not block existing drive isles in shared parking areas; and 4. The proposed location of the drive-through facility will not interfere with and/or impact on-site pedestrian access/circulation. 17.90.030 Additional application requirements. A. In addition to the standard application requirements for a conditional use permit stipulated in section 17.20.060 (Conditional use permit), an applicant for a restaurant with a drive-through business shall submit the additional application requirements prescribed by the director. 17.90.040 Development and design standards. The following standards shall be the minimum requirements for all drive-in and drive-through facilities.Refer to Figure 17.90.030-1 (Drive-Through Site Standards). Approvals for a conditional use permit as described in section 17.20.060(Conditional use permit)and major design review described in section 17.20.040(Major design review) shall only be granted in compliance with these standards. . A. Site Planning 1. Location. a. Access to drive-through facilities is only permitted on streets designated as Automobile Priority in the Rancho Cucamonga General Plan, Figure M-5 (Automobile Priority). 2. Site area. The minimum net land area for uses with drive-through facilities is one acre. This minimum land area may be modified by the review authority through the design review process when the drive-through facility is within a master plan or an integrated shopping center. 3. Building placement and orientation. a. Buildings shall be placed on the front yard or street side yard setback line and oriented so that the primary public entrance faces the street. b. Outdoor dining and seating areas shall be located near the main pedestrian entrance. C. Walk-up windows,if used, shall be located near outdoor dining areas or other pedestrian areas, to encourage accessibility and limit vehicle and pedestrian conflicts. d. Buildings may be clustered to create a plaza or outdoor dining area between buildings. e. Pedestrian pathways and sidewalks must provide safe and convenient access to the building, shall connect directly to the public right-of-way, and shall not cross driveways or stacking lanes to get to the building's entrance. f. The drive-through lanes shall not be located between a property line and the front of the building. g. Drive-through lanes shall be located to the side or rear of the building and shall be screened with a combination of low screen walls and dense landscaping The drive- through lanes may be designed to pass through an enclosed building element that is integrated into the building's design so that the lanes are enclosed. Page 10 h. Loading and service areas must be located on the site to minimize potential noise incompatibility with surrounding properties and so that, to the maximum extent feasible, they are not visible from public rights-of-way. i. Future drive-through facilities proposed in a master plan or shopping center shall be identified early in the review process to avoid retrofitting the site plan at a later date. 4. Trash and recycling enclosures. Trash and recycling enclosures must comply with the requirements established in Chapter 17.48 (Fences, Walls, and Screening) and section 17.120.020.E(Refuse and recycling areas) 5. Landscaping and buffers. Landscaping, fencing, and trees shall be provided consistent with the requirements in section 17.120.020.0 (Landscaping) and chapter 17.56 (Landscaping Standards). Figure 17.90.040-1 Drive-through design standards t,YUJim A "' LJ M IjY DRIV -rHra UGH COMMERCIAL U58 �aa USE p � H,. w �r r.hn> � L / / o a i PUBLIC STREET Raised pedesdr6an crossing AM Pedestrian access earl `I � walk-up window W connection to the sidewalk. Low screening of palking Lowy landscaping to maintain Street trees provided0site lines to pede.,,hian crus 0 along public right of way 0 Landscape(buffer to screen I* Exterior dining patio activating Menu board stacking Mane street frontage Page 11 B. Building Design 1. Building entrances. a. Primary building entrances and entry features shall be clearly defined through variation of architectural planes on the building and pavement surfaces, and must be accessible from a courtyard or plaza. b. The primary building entries shall be accessed directly from the sidewalk in the public right-of-way or from within the development site.Pedestrian circulation paths may only intersect or cross a drive-through lane(s)if the applicant can demonstrate that there are no other feasible or practical options available,in which case the pedestrian crossing shall be raised to create a hump to enhance pedestrian safety. C. Prominent architectural features shall be located near corners and intersections to promote and enhance the primary building entrance. d. The appropriate placement of awnings or signage can clearly demarcate building entrances. 2. Building architecture and articulation. a. Drive-through facilities within an integrated shopping center or master plan must have an architectural style consistent with the theme established in the center. b. The architecture of drive-through facilities must be compatible and consistent with surrounding uses in form,materials, colors, scale, etc. C. Building planes shall have variation in depth and angle to create variety and interest in the basic form and silhouette of the building. d. Articulation of building surfaces shall be encouraged through the use of openings and recesses which create texture and shadow patterns. e. Drive-through facilities shall comply with the requirements of section 17.120.030 (Building design). 3. Outdoor dining areas for restaurants. a. Outdoor dining areas are required for all drive-in and drive-through restaurant facilities in the MU zones. b. Outdoor dining areas shall be designed as an integral part of the drive-through facility, and can include plazas, arcades, colonnades, or courtyards. C. Outdoor dining areas and other publicly accessible outdoor spaces shall include tables and seating,trash cans,bicycle racks, and structures that provide shade and protection from the weather. d. To the maximum extent feasible, outdoor dining areas shall be oriented for maximum benefit of sunlight and views and to the extent possible, outdoor dining areas shall be oriented away from drive-through stacking lanes e. The minimum dimension of an outdoor dining area shall be 20 feet measured in any direction with a minimum area of 450 square feet. Page 12 4. Signs. All signs shall conform to the provisions of Chapter 17.74(Sign Regulations for Private Property). Drive-through facilities in an integrated shopping center or master plan must comply with the uniform sign program established for the center. C. Parking and Circulation 1. Parking. a. The parking for drive-through facilities shall be determined according to Chapter 17.64 (Parking and Loading Standards). b. Parking lots shall be landscaped and screened in accordance with section 17.56.050 (General landscape development standards) and section 17.56.060 (Special landscape requirements), and connected to buildings with well-designed pedestrian paths,trellises paseos, and walkways. 2. Setbacks. Parking and the drive-through lane(s) shall be set back a minimum of 45 feet from the curb face of a public street. Greater setbacks may be required as mentioned in an applicable specific plan or as deemed necessary during the design review process. 3. Stacking requirements. a. The drive-through lane shall be long enough to accommodate the necessary stacking of cars. The stacking distance shall be determined through a parking study as described in Chapter 17.64 (Parking and Loading Standards) and shall be based on the number of vehicles in the drive-through lanes for seven consecutive days during peak lunch hours between 11:00 a.m.to 2:00 p.m. and peak dinner hours between 5:00 p.m. to 8:00 p.m. at three different restaurant locations in cities with a similar population as Rancho Cucamonga and in a similar location as the proposed site. b. All stacking must be designed to be accommodated on the site of the drive-through use or through a shared use agreement with an adjacent property owner(s).No stacking onto public or private streets is allowed. C. Stacking lanes must be designed so that they do not interfere with on-site parking and vehicle circulation. d. In the event that the number of vehicles waiting at the service window exceeds the length of the stacking lane(s),personnel from the drive-through establishment shall manage the queue to ensure that all vehicles do not block or interfere with on-site vehicular and pedestrian circulation and parking areas. e. Drive-through lane design. i. The entrance and exit of a drive-through lane must be at least 50 feet from an intersection of public rights-of-way when measured at the closest intersecting curbs. ii. The drive-through lane must be at least 10-feet wide with a minimum 10-foot interior radius at curves. in. The stacking area must accommodate a minimum of five cars for each drive-up or drive-through window in addition to the vehicle receiving service.A higher minimum of cars could be required as part of the conditions of approval. The stacking space for each vehicle shall be 10 feet wide and 20 feet long. Page 13 iv. The drive-through lanes shall be separate from the circulation route necessary for ingress and egress from the property or access to any parking spaces within the site using concrete curbing or paint striping on at least one side of the lane. These requirements do not apply to the reuse of existing properties. V. The drive-through lanes and stacking area shall be located adjacent and parallel to the public right-of-way. vi. All stacking lanes must be clearly identified with pavement markings and signage to indicate the entrance,direction of traffic flow and exit. vii. The driveway-through lane design must provide for a minimum nine feet wide escape/emergency lane allowing motorists to exit the stacking lane before reaching the drive-through window. f. Stacking lanes must be screened in compliance with section 17.56.060 (Special landscape requirements). g. No more than two stacking lanes are allowed per drive-through use. Each lane must conform to the standards in this subsection. 4. Off-site improvements a. Street trees shall be provided along the public right-of-way and shall be selected from the city's adopted master list of street trees and parking lot trees. b. The applicant shall coordinate with Engineering on all off-site improvements needed to provide full ADA accessibility compliance within the adjacent public right-of-way. D. Performance Standards 1. Special performance standards for restaurants with drive-through facilities. The use shall be operated in a manner that does not interfere with the normal use of adjoining properties. If, in the opinion of the planning director, the provisions of this paragraph are being violated, the violations shall be grounds for reopening conditional use permit hearings and adding conditions to control the violation. Performance standards include, but are not limited to, the following considerations, which, where appropriate, shall be incorporated as conditions of approval in all use permits as determined by the planning commission or city council: a. Noise levels measured at the property line shall not exceed the level of background noise normally found in the area or 65 dBa,whichever is greater. b. All exterior lighting shall be contained to the subject property and shall not encroach onto neighboring properties. C. Drive-through hours of operation shall be limited to 8:00 a.m. to 12 a.m.midnight. If a drive-through facility is adjacent to residential property, then hours of operation shall be limited to 8:00 a.m. to 10:00 p.m., Sunday through Thursday and 8:00 a.m. to 12:00 a.m., Friday and Saturday. These hours of operation standards do not apply to the business that the drive-through serves. d. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.For drive-through restaurants or other uses which typically generate trash or litter, adequate Page 14 trash containers, as determined by the planning director, shall be required and employees shall be required daily to pick up trash or litter originating from the site and within 300 feet of the perimeter of the property. e. All graffiti shall be removed within 72 hours. f. No undesirable odors shall be generated on the site. g. The on-site manager of the use shall take whatever steps are deemed necessary to assure the orderly conduct of employees,patrons, and visitors on the premises. h. A copy of these performance standards and all conditional use permit conditions of approval shall be posted alongside the necessary business licenses and be visible at all times to employees. Chapter 17.92 HOME OCCUPATIONS 17.92.010 Purpose and intent. The purpose of this chapter is to regulate commercial, and office uses within and accessory to residential dwellings. It is the intent of these regulations to allow for certain home-based businesses while ensuring that home occupations do not negatively impact the overall quality and character of the surrounding residential neighborhood. (Code 1980, § 17.92.010; Ord.No. 855, § 4, 2012) 17.92.020 Permit required. Prior to the establishment of a home occupation, a home occupation permit shall first be secured by the user. A home occupation permit shall be in addition to any other permit or license that may be required by the city, county, or state,including a business license.Home occupation permits are allowed on legal nonconforming residential properties (e.g., existing single-family home that is legally nonconforming on a parcel that is zoned industrial). (Code 1980, § 17.92.020; Ord.No. 855, § 4, 2012) 17.92.030 Development standards. All home occupations shall comply with the following development standards: A. Incidental use by nature. The use of the dwelling as a home occupation shall be clearly incidental and subordinate to its use for residential purposes by its inhabitants.Not more than 15 percent of the total square footage for the dwelling or one room of the dwelling,whichever is less, shall be used for the home occupation. For the purpose of this Section, the inhabitants of the home who are working remotely from their place of employment are not considered a home occupation. B. Employees. No persons, other than members of the family who reside on the premises, shall be engaged in the home occupation activity. Off-site employees or partners are not permitted, except for cottage food uses, consistent with state law. C. Exterior appearance. There shall be no change in the outward appearance of the building or premises, or other visible evidence of the activity. Page 15 D. Sales.There shall be no sales of products on the premises, except produce (fruit or vegetables)grown on the subject property, cottage food products, or homemade crafts. On-site sales allowed shall be limited to the hours of 8:00 a.m.to 8:00 p.m.as long as sales do not result in visitor or customer traffic beyond allowed in this section. Off-site sales, including electronic and mail order commerce, is permitted, consistent with the other standards of this chapter. E. Visitors and customers.Not more than five customers or clients per day shall enter the dwelling for meetings,service,or products and not more than 10 vehicle trips per day shall be created by customers or clients. Customers or clients must park either in the driveway of the dwelling or in front of the dwelling only F. Operation standards.No equipment or processes shall be used on the subject property that creates noise, smoke, glare, fumes, odor, vibration, electrical, radio, or television interference disruptive to surrounding properties. G. Accessory structures. Home occupations may utilize accessory structures as storage or workspace space provided such use is confined to a cumulative area of not more than 600 square feet in an attached and/or detached accessory structure or garage. An attached or detached garage may be used for storage or workspace as long as sufficient parking space is available on the property to meet the current code requirements. H. Deliveries. Deliveries shall not exceed those normally and reasonably occurring for a residence. Deliveries of materials for the home occupation shall not involve the use of commercial vehicles, except for FedEx, UPS, or LISPS-type home pickups and deliveries. Off-site deliveries, such as to a post office box, are preferred. L Signs. No signs shall be displayed in conjunction with the home occupation and there shall be no advertising using the home address. J. Commercial vehicles. No person shall park or store more than one commercial vehicle or any commercial vehicle over 10,000 pounds licensed gross vehicle weight per dwelling unit. K. Prohibited uses.Home occupation permits shall not be granted for the following prohibited uses: 1. Ammunition recycling. (Code 1980, § 17.92.030; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013) 17.92.040 Yard sales. The following restrictions apply to yard sales: A. For purposes of this section, the term "yard sale" means a temporary sale of household items on residential premises. B. On any one parcel or lot in any residential zone, a yard sale may be conducted on one day,but not to exceed two consecutive days, in any six-month period. Sales may only be conducted between 7:00 a.m. and 6:00 p.m. C. Items displayed,offered,or sold at a yard sale shall only be household items that have been in regular use or storage for six months or more on the same parcel or lot. D. A yard sale may only be conducted in a residential zone. (Code 1980, § 17.92.040; Ord. No. 855, § 4, 2012) Chapter 17.93 HOTELS Page 16 17.93.010 Purpose. The purpose of this chapter is to regulate hotels with development standards and operational requirements that will ensure high quality hotel development and mitigate impacts that could be associated with hotels, including crime,urban blight, and the exceptional use of public resources. (Ord.No. 949 § 5, 2019) 17.93.020 Market feasibility study required. An application for a conditional use permit to operate a hotel shall include a market feasibility study. The city may prepare the study or request the applicant to prepare the study, subject to an independent peer review. The applicant shall be responsible for the cost of the study and/or peer review. The market study, at a minimum, shall address the following: A. A complete listing of proposed facilities, amenities, and services (e.g., number and type of rooms, meeting space square footage, recreational amenities, business services such as data ports, workstations, etc., in-room amenities such as refrigerators and microwaves, laundry service, food service such as restaurants or coffee shops, etc.). B. Provide information on the business model, ownership, and franchise of hotel. C. A business and financial history of the proposed developer and potential operators, if different than the developer, including at a minimum the following: principals, experience, years in business, capitalization,listing of projects,number of units owned,average rates charged, and occupancy rates. D. Whether the proposed hotel will be financially feasible by meeting an unfilled need for hotel rooms in the city. Provide an analysis of the economic environment, projecting likely future economic conditions as they relate to the operation of the proposed hotel and its accessory uses. E. Analysis of the proposed hotel's projected market base. F. Three and five-year projected occupancy rates, projected average daily rate for the proposed hotel, and revenue per available room trends for hotels within the city. G. The estimated share of the hotel market the hotel will capture during the first five years of operation, and whether the hotel will primarily focus on drawing guests from existing hotels in the city. H. An analysis of economic impacts on existing hotels within Rancho Cucamonga, including, at a minimum, an estimate of the dilution of the city's hotel market due to the proposed hotel and if the proposed project has potential adverse impacts on the financial viability of existing hotels in the city. (Ord.No. 949 § 5, 2019) 17.93.030 Additional conditional use permit findings. Prior to approval of a conditional use permit when required by Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zone)the approving authority shall make the following findings,in addition to those findings required by Section 17.16.120.D: A. The proposed hotel development is consistent with the General Plan's Economic Development Goals and Policies. B. The proposed hotel will not create urban decay due to the significant loss of business at existing hotels in the city,hotels currently under construction in the city,or hotels that have been granted entitlements by the city that have not expired but are not yet under construction. C. The proposed hotel is located in an area of the city with substantial unmet demand for a hotel. Page 17 D. The proposed hotel is not expected to reduce the total hotel occupancy rate in the city below 72%in the first five years of operations. (Ord.No. 949 § 5, 2019) 17.93.040 Occupancy standards. A. No hotel guestroom shall be rented for a period exceeding 30 consecutive calendar days, counting portions of calendar days as full days. B. No hotel guestroom shall be rented for less than a one-day period. (Ord.No. 949 § 5, 2019) 17.93.050 Public safety standards. A. No hotel shall create an unreasonable or excessive demand for police services. To demonstrate compliance with this standard, an application for a hotel conditional use permit shall include the following information: 1. A management plan that describes how the hotel will address potential criminal activities at the site. 2. A lighting plan that demonstrates how the hotel's proposed lighting will illuminate the site to the extent necessary for a peace officer to adequately observe the property from a patrol car. 3. A site plan designed to allow for visibility from the public right-of-way for peace officers in patrol vehicles. B. At all times,hotel operators shall maintain on file with the Rancho Cucamonga police department and fire district a single,current point of contact for addressing law enforcement,public health,and safety problems at the hotel site. In connection with the issuance of a business license, a police and fire inspection shall be required when a hotel undergoes a change in ownership or operator. C. Hotel owners and all hotel employees shall be trained to spot criminal activity. D. A security camera system is required to be installed with the capability of providing access to the Rancho Cucamonga police department and fire district. Recordings shall be held for a minimum of 30 days. E. Hotels that provide entertainment as defined in Section 17.20.020 shall obtain an entertainment permit. (Ord.No. 949 § 5,2019) 17.93.060 Hotel amenities. No development review and/or conditional use permit shall be approved for a hotel unless the following amenities are provided: A. Each guestroom shall include high-speed Internet, voicemail, desk, color television, mini-fridge, coffee maker, alarm clock or wake-up service,hairdryer,iron and ironing board; B. The minimum following amenities shall be provided on site: 1. A bar/lounge with dining area; 2. Hot tubs/spas with pool or day spa services with pool; 3. A business center with computers and printers for guest use; Page 18 4. A large fitness center(minimum of 750 square feet for hotels with less than 100 rooms;minimum of 1,500 square feet for hotels with 100 or more rooms)with a wide range of equipment/exercise stations; 5. A cafe or coffee shop including at minimum a counter served bakery cafe with dedicated employees serving freshly prepared coffee, teas and specialty drinks open a minimum of nine hours each day; 6. Up to two required amenities may be waived or replaced with alternative amenities by the planning director if similar existing amenities are available on site as part of an existing development or if the proposed hotel is in the Upper Upscale or Luxury scale based on Smith Travel Research hotel classifications or AAA four diamond hotel. C. One of the following amenities shall also be provided on site: I. Convention/meeting space of no less than 10,000 square feet that is reconfigurable with flexible seating,full audiovisual(AV)capabilities,and full commercial kitchen.The convention/meeting space shall be contiguous with internal connections to the main hotel structure and shall not be physically separated from the hotel; 2. A full-service restaurant operating at substantially similar hours to the hotel and offering room service to the hotel; 3. A roof-top bar and food service with patio lounge and recreation/relaxation area and associated amenities; or 4. Other amenities may be considered in lieu of one of the required amenities subject to planning director approval. D. Two of the following amenities shall also be provided on site: I. Valet parking; 2. Spa services (if not provided as amenity to meet one of the above requirements); 3. An indoor pool; 4. Fire pits and an outdoor patio(if not provided as amenity to meet one of the above requirements); 5. Indoor or outdoor recreation court(basketball,volleyball, etc.); 6. A water play area; 7. Penthouse suites with full balconies; 8. Onsite auto detailing service; 9. Onsite car and/or bike sharing for use by guests; 10. Concierge services; 11. Participation in a regional airport shuttle service; 12. Hosted evening social hour; 13. Overnight laundry and dry-cleaning services; 14. Office space/workspace rental program; Page 19 15. Pet amenities,including,but not limited to,acceptance of cats and dogs in rooms,complimentary pet treats, availability of pet bedding, crates, food and water bowls, and a listing of local pet services,such as pet walkers,pet sitters,veterinarians,pet shops and groomers.Pet play/exercise areas are strongly encouraged; or 16. Other amenities may be considered in lieu of one of the required amenities subject to planning director approval. (Ord.No. 949 § 5, 2019) 17.93.070 Design standards. In addition to the design provisions outlined in Article VII(Design Standards and Guidelines)of this code,the following design standards shall apply to all new hotel development: A. Site design and layout. 1. Hotels shall support other hospitality industry-related uses such as restaurants, entertainment, recreation, and travel and tourism by integrating into a larger pattern of development and avoiding being isolated from such uses or being stand-alone. Integration into a larger mixed-use development that consists of residential, commercial, and/or office uses is also acceptable. 2. Site and building designs shall be unique and tailored to the specific site rather than formulaic and without any distinguishing characteristics. 3. Dual-brand hotel concepts shall be developed within a single building or complex and not as two separate buildings. 4. Multi-story vertical development is preferred over single or two-story horizontal development. Furthermore, within the Haven Avenue Overlay Zone, all buildings shall have four floors or more. 5. Hotel projects shall be designed with the hotel building(s) plotted at the street/front building setback line with the overnight parking area located at the rear or side of the building(s). 6. Hotel projects shall be designed with the primary (long) axis of the hotel building(s) aligned parallel to the street. Consideration of alternatives may be given to sites with narrow street frontages. 7. When the main entrance into the hotel building is on the "street side," short-term parking for guests checking in, drive aisles for passenger unloading, and any overhead structures such as porte cocheres are permitted within the parking and landscape setback along the street by up to 50% of the setback dimension. 8. Parking lots or facilities shall have a minimum ratio of six percent of the total parking spaces equipped as electric vehicle charging stations, except parking lots or facilities for new developments in Industrial Zones shall have a minimum of 10 percent of the total parking spaces equipped for electric vehicles with one charging station for every two spaces dedicated to electric vehicles. B. Architectural design and details. 1. The architecture of all buildings shall incorporate multiple design elements/features and diversity/variation in colors to minimize monotony and repetition along all wall planes. Page 20 2. The maximum amount of plaster/stucco finish applied to any building wall plane(or any exterior panel systems that have the appearance of plaster/stucco) shall not exceed 25% of the vertical area of the wall plane. 3. Articulation of the building wall planes is required on all elevations. 4. High-quality building materials shall be used both on the exterior and interior of the hotel. 5. Within the Haven Avenue Overlay Zone, the following requirements shall apply to all hotel buildings: a. The application of plaster/stucco finish(or exterior panel systems that have the appearance of plaster/stucco) on any building wall plane is not permitted. b. A mix of exterior glass cladding,metal elements/features, and decorative wall finishes such as stone, composite, or natural tiles are required. C. Pedestrian and vehicular access. 1. All hotel buildings shall have direct pedestrian access between the hotel lobby and the street on the "street side" of the building if the main entry into the building is on the opposite side of the building. 2. All buildings within a hotel project,when separated by a parking lot, shall be interconnected by pedestrian pathways with a minimum width of 10 feet. Such pathways shall also include shade structures and seating at various intervals. 3. A prominent entry feature shall be incorporated into the main hotel entry (e.g., water feature, public art, landscaped elements). D. Lighting. 1. Light fixtures,features,and/or similar elements shall be incorporated into the exterior of all hotel buildings to accentuate the architecture. 2. All pedestrian pathways on-site and along the public sidewalks adjacent to all street frontage(s) of the project site shall have pedestrian-scale lighting.All such light fixtures(including any base) shall not exceed 10 feet in height. E. Landscaping. A high degree of landscaping shall be installed throughout the property, including entry, courtyards, gardens,pool areas,walkways, and parking areas. F. Building systems placement. All mechanical equipment and utility connection points, including HVAC units, electrical meters, and gas meters shall be screened from public view (see Figure 17.93.070-1). Rooftop equipment shall not exceed the height of the roof parapet concealing the equipment. FIGURE 17.93.070-1 SCREENED MECHANICAL EQUIPMENT Page 21 r7 1t r rr i f` it (Ord.No. 949 § 5, 2019) Chapter 17.94 COMMERCIAL CANNABIS USES AND CULTIVATION 17.94.010 Purpose. The purpose of this chapter is to regulate commercial cannabis uses,both medical and non-medical,in a manner that is consistent with the requirements of state law. (Ord.No. 921 § 8, 2017) 17.94.020 Prohibited uses. A. Commercial cannabis uses are expressly prohibited in all zones, overlay zones and special planning areas in the city.No person shall establish, operate, maintain, conduct or allow commercial cannabis uses anywhere within the city. The city shall not approve any application for a business license, building permit, conditional use permit, variance, or any other entitlement authorizing the establishment,operation,maintenance,development,or construction of any commercial cannabis use. B. Outdoor cannabis cultivation is expressly prohibited everywhere in the city. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating cannabis outdoors. C. Indoor cannabis cultivation, including cultivation by a qualified patient and primary caregiver, is prohibited except in strict compliance with section 17.94.030. (Ord.No. 921 § 8,2017) 17.94.030 Indoor cannabis cultivation. It is hereby declared to be a public nuisance for any person owning, leasing,occupying, or having charge or possession of any real property in the city to cause or allow such real property to be used for the cultivation of cannabis except in strict compliance with the requirements set forth below. A. Cannabis cultivation shall only occur indoors at a private residence, or inside an accessory structure located upon the grounds of a private residence. B. The indoor cultivation of seven or more cannabis plants in a private residence is prohibited. The indoor cultivation of six or fewer cannabis plants in a private residence shall be permitted to the extent permitted by state law. Page 22 C. Only persons 21 years of age or older may cultivate cannabis.Any cannabis cultivation must comply with the requirements set forth in California Health and Safety Code sections 11362.1 and 11362.2. D. Cannabis cultivation is permitted only within fully enclosed and secure structures. E. No person shall cultivate marijuana in any manner that causes any of the following conditions: 1. Light,glare,odor,noise,or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or 2. Any violation of chapter 17.66 of the Development Code. (Ord.No. 921 § 8, 2017) 17.94.040 Exceptions. A. Nothing in this chapter shall prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city,where such transport does not involve delivery or distribution within the jurisdictional limits of the city. B. Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under California Health and Safety Code section 11362.1. C. Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Business and Professions Code section 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA. (Ord.No. 921 § 8, 2017) 17.94.050 Violation,penalty. In addition to any other enforcement permitted by this chapter of the Rancho Cucamonga Municipal Code, the city attorney or city prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 1.12.010 of the Rancho Cucamonga Municipal Code,no provision of this chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code section 11362.71 et seq., or section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 1.12.010 of the Rancho Cucamonga Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern. (Ord.No. 921 § 8, 2017) Chapter 17.96 MOBILEHOMES 17.96.010 Purpose. The purpose of this chapter is to identify special development standards for mobilehomes and mobilehome parks, consistent with state law. (Code 1980, § 17.96.010; Ord.No. 855, § 4, 2012) 17.96.020 Development standards for mobilehomes. Mobilehomes are permitted within residential zones with the same density and development restrictions as single-family homes and subject to the following requirements: A. The mobilehome is placed on a permanent foundation system in compliance with all applicable building regulations. Page 23 B. The mobilehome construction is certified under the National Mobilehome Construction and Safety Standards Act of 1974 and was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the building and safety department in order to secure valid building permit(s). C. The design review committee shall determine if the placement of the mobilehome is compatible to the immediate area in which it is being placed according to the following criteria: 1. The design of the mobilehome unit shall be similar in character and appearance to other dwellings in the area for such features as unit size, roof overhangs, roof materials, and exterior materials. 2. All building setbacks,parking, coverage, height, width, and sign requirements of the base zone shall apply. (Code 1980, § 17.96.020; Ord.No. 855, § 4, 2012) 17.96.030 Development standards for mobilehome parks. This section sets forth requirements for mobilehome park development. Except as provided hereinabove, all other development standards contained in chapter 17.36 (Development Standards by Base Zone) shall apply. A. There shall be no minimum side area for a mobilehome park. B. There shall be no minimum area,width, or depth requirement for individual lots or spaces. C. There shall be no minimum yard requirement for individual lots or spaces. D. There shall be no minimum size for individual mobilehome units. E. The minimum street yard setback on public streets shall be in conformance with chapter 17.36(Development Standards by Base Zone). F. Existing mobilehome parks and pre-existing mobilehome parks shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed in this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park. (Code 1980, § 17.96.030; Ord.No. 855, § 4, 2012) Chapter 17.97 LIVE/WORK UNITS 17.97.010 Purpose. The purpose of this chapter is to establish standards for the location, development, and operation of integrated live/work units and for the reuse of existing residential, commercial, and industrial structures to accommodate live/work opportunities. 17.97.020 Establishment. Live/work units may be established through the conversion of existing buildings or by new construction, subject to the permit requirements of the underlying zone. 17.97.030 Changes in Use. Page 24 A live/work unit may be changes to exclusively a residential or commercial use in any building if the residential or commercial use is allowed in the zone in which the building is located. 17.97.040 No Separate Sale or Rental of Portions of Unit. No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as residential space for a person or persons not working in the same unit. 17.97.050 Occupancy Requirement. The residential space within a live/work unit must be occupied by at least one individual employed in the business conducted within the live/work unit. 17.97.060 Business License Required. The occupant of a live/work unit is required to hold a valid business license for the on-site business. 17.96.070 Limitations on Use. The nonresidential component of a live/work development must be a use allowed within the applicable zone. 17.97.080 Limitation on Outside Employees. No more than one person other than residents of the live/work unit shall be employed in the conduct of work, except that up to two additional employees may be allowed subject to the approval of a minor use permit. More than three persons other than residents of the live/work unit may be allowed, subject to conditional use permit approval, based on the additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. 17.97.090 On-premises Sales. Goods produced within the live/work unit may be sold on-premises if the sales activity is incidental to the primary production work within the unit. 'These provisions allow for open studio programs and gallery shows 17.97.100 Development Standards. A. Residential density.The number of live/work units on a site must comply with the residential density allowed in the base zone. B. Nonresidential area.A minimum of 60 percent of the ground level or a live/work development,or a minimum of 300 square feet, whichever is greater, must function predominantly as workspace. The workspace component of a live/work unit must be located on the ground floor. All floor area other than that reserved for living space must be reserved for and regularly used for workspace. C. Building design.The live/work development must comply with the applicable building type,building entrance, and facade types of the applicable zone. D. Non-residential amenities. The ground floor of a live/work development must be designed to accommodate commercial or service uses as evidenced by the provision of flooring, interior storage, Page 25 ventilation, and other physical improvements of the type commonly found in exclusively commercial or service facilities used for the same work activity. E. Separation and access. Access to each live/work unit must be provided from a public street or common access areas. The access to each unit must be clearly separate from other live/work units or other uses within the structure. F. Integration of living and working space. An area within a live/work unit that is designated as residential space is an integral part of the live/work unit. The living space shall be accessible to the non-residential space using interior connection. Exterior access must comply with Division 23-11B- 1 (Building Code). G. Mixed occupancy building. A building may contain live/work units and other non-residential occupancies. The occupancies, other than live/work, must comply all applicable requirements for those uses,and proper occupancy separations must be provided between the live/work units and other occupancies, as determined by the Building Official. Chapter 17.98 PUBLIC UTILITIES AND USES 17.98.010 Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for public utilities and uses,including utility facilities and infrastructure. It is the city's intent in establishing these standards to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by regulating the size, scale, and location of these uses, as well as requiring additional setbacks, landscaping, and other buffering between the subject use and surrounding property. (Code 1980, § 17.98.010; Ord.No. 855, § 4, 2012) 17.98.020 Location requirements for transmission lines and pipelines. A. General location. Generally, transmission lines and pipelines shall be located within public rights- of-way (with approval of the public works director) or within dedicated easements for transmission lines (e.g.,public utility easement). B. Electrical transmission lines. Electrical transmission lines of 100,000 volts or greater capacity may be located in any zone and shall be located in easements or rights-of-way which permit access for maintenance with minimal disruption to surrounding properties. Preference shall be given to the location of transmission lines in the rank order specified below; every reasonable effort shall be exerted to avoid established residential areas.In the event Southern California Edison determines that it has no alternative but to route a 100,000 volt or greater capacity transmission line through an established residential area, such lines shall be installed underground except when the utility can demonstrate that it is not feasible to do so. The term "feasible" shall be as defined in Government Code § 53096(c). 1. Within existing electrical transmission rights-of-way or those anticipated for other projects proposed subject to this title. 2. Adjacent to railroads or adopted freeway routes. 3. Along or adjacent to major arterial streets where existing or planned uses are commercial or industrial. 4. Adjacent to or through existing or planned commercial,industrial, or agricultural uses. Page 26 5. Along arterial streets where residential uses designated in an adopted plan are at least 24 units per acre. 6. Through areas where land uses in an adopted plan are predominantly commercial but include residential uses. 7. Through residential areas, including side and rear yards, irrespective of density. (Code 1980, § 17.98.020; Ord.No. 855, § 4, 2012) 17.98.030 Location requirements for fired-base structures and facilities. In siting fixed-base structures and facilities, the city shall place preference on the locations listed below in the order listed. In any case, siting fixed-base facilities within residential zones,particularly those intended for multi-family housing, shall be a last resort. All new subdivisions and land planning (e.g., specific plans) shall include provisions for siting fixed-base facilities in dedicated,reserved locations that are identified with assistance from the utility service provider. A. Industrial Zones. B. Areas within specific plans or master plans specifically identified for utility facility and infrastructure uses. C. Sites zoned with a form-based zone, provided the facility is not located at the intersection of two major streets. D. Within a residential area. (Code 1980, § 17.98.030; Ord.No. 855, § 4, 2012) 17.98.040 Development requirements for fired-base structure and facilities. A. Communication substations. Communication substations shall be entirely located within an enclosed building, the design of which shall be consistent with the standards of the underlying zone, the intent being to integrate the design of the facility into the area in which it is located. B. Electrical substations. 1. Overhead electrical transmission lines of 100,000 volts or greater capacity shall be installed in such a manner as to minimize adverse visual impacts. When feasible, the utility shall relocate and combine existing overhead transmission poles and lines with new installations. 2. Substations shall be designed and constructed in such a manner as to minimize off-site visual and noise impacts. Planted or landscaped setbacks of at least 25 feet shall be provided on all property lines. C. Potable water storage facility. Potable water storage facilities shall observe all development standards of the underlying zone. Additionally, such facilities shall be screened consistent with the provisions of section 17.48 (Fences,Walls, and Screening). D. Treatment plant. Treatment plants shall observe all development standards of the underlying zone, except that any treatment ponds or other structures that may emit an odor shall be located a minimum of 200 feet from a residential zone or residential use. The use shall also provide landscaping along the perimeter of the use, including a minimum 25-foot-wide landscape area and trees planted 30 feet on center. Landscaping for treatment plants located in wildland-urban interface fire areas shall comply with the vegetation management requirements of the Rancho Cucamonga Fire District. (Code 1980, § 17.98.040; Ord.No. 855, § 4, 2012) Page 27 Chapter 17.100 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (eJADUs) 17.100.010 Purpose. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) are a valuable form of housing in the city. These units meet the city's general plan housing policies related to: encouraging the development of a variety of housing options; encouraging the development of housing that serves the unique needs of elderly and disabled households; encouraging the rehabilitation of deteriorating units, providing housing stock accessible to lower and moderate-income households; and to meet the city's share of regional housing needs. The purpose of this chapter is to establish development standards for the construction and operation of accessory dwelling units on lots zoned to allow single-family or multi-family use and including a proposed or existing single-family dwelling in a manner that is consistent with the requirements of state law. (Ord.No. 938 § 4, 2018; Ord.No. 966 § 3, 2020) 17.100.020 Applicability. A. The provisions of this chapter apply to all lots that are zoned to allow single-family or multi-family use.Accessory dwelling units shall be deemed to be an accessory single-family residential use,which is consistent with the existing General Plan and zoning designations for the lot. The addition of an accessory dwelling unit shall not be considered to exceed the allowable density of the lot upon which such unit is proposed to be established. Ord.No. 938 §4, 2018; Ord.No. 966 § 3,2020) 17.100.030 Approval required. A. Except for applications submitted pursuant to Section 17.100.040, an application for an accessory dwelling unit shall be reviewed for compliance with the provisions of this section through the plan check/zoning clearance process. B. The application shall be approved or denied within 60 days after the city receives the application, or in accordance with the deadline required by Government Code Section 65852.2, as that section may be amended from time to time. C. Notwithstanding any other provision of this code to the contrary, no minor exception from any requirement of this chapter shall be approved,nor shall any application for such a minor exception be accepted for processing. D. Where an application for an accessory dwelling unit or JADU is submitted with an application for a single-family dwelling or multi-family dwelling that is subject to discretionary review under this code, the accessory dwelling unit or JADU application will be considered separately without discretionary review or a public hearing, following the action on the portion of the project that is subject to discretionary review. E. An application for an accessory dwelling unit or JADU shall be authorized by every owner of the property that is the subject of the application. (Ord.No. 938 § 4, 2018; Ord.No. 966 § 3, 2020). 17.100.040 Exempt Projects Building permit approval process A. An applicant shall not be required to submit an application for plan check/ zoning clearance under this chapter, and may instead seek building permit approval for an accessory dwelling unit or JADU that satisfies the requirements of both the California Building Standards Code, as amended by the Page 28 city, and Government Code Section 65852.2(e)(1), as the same may be amended from time to time, which requires the city to ministerially approve a building permit within a residential or mixed-use zone to create any of the following: 1. One accessory dwelling unit or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: a. The accessory dwelling unit or JADU is within the proposed space of a single-family dwelling or existing space of either an existing single-family dwelling or existing accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. b. The space has exterior access from the proposed or existing single-family dwelling. C. The JADU contains an interior entry to the primary dwelling's main living area, independent of the exterior entrances of the JADU and primary dwelling. d. The side and rear setbacks are sufficient for fire and safety. e. The JADU complies with the requirements of Government Code Section 65852.22 and with the requirements set forth in subsection D below. 2. One detached, new construction accessory dwelling unit for a lot with a proposed or existing single-family dwelling,all of the following apply.The accessory dwelling unit may be combined with a JADU described in subsection (A)(1). a. The accessory dwelling unit shall be no more than eight hundred(800) square feet in size. b. The accessory dwelling unit shall not exceed a height limit of 16 feet unless it is located within a half-mile of a major transit stop or high-quality transit corridor in which the ADU shall not exceed a height limit of 18 feet, or 20 feet only if necessary to match the roof pitch of the primary structure. C. The accessory dwelling unit shall be setback a minimum of four feet from side and rear lot lines. 3. One accessory dwelling unit within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.If requested,multiple accessory dwelling units shall be allowed,up to the number of accessory dwelling units that equals 25% of the existing multifamily dwelling units in the structure. 4. Not more than two detached accessory dwelling units located on a lot that has an existing multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks. B. A proposed accessory dwelling unit or JADU approved pursuant to this section shall comply with Section 17.100.080 of this chapter. C. Conversion of the following structures shall not be approved pursuant to this section but may be approved pursuant to the full requirements of this chapter: Unenclosed accessory buildings or unenclosed accessory structures, such as patios, gazebos, breezeways, carports, porte cocheres, or similar structures. Page 29 D. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern: 1. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling,including attached garages or other enclosed uses within the residence. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU shall have an interior entry to the primary dwelling's main living area, independent of the exterior entrances of the JADU and primary dwelling. 5. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family dwelling in which case the JADU shall have an interior door to allow access to the facilities in the single-family dwelling. 6. A JADU shall include an efficiency kitchen which shall include all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 7. No additional parking is required for a JADU. (Ord.No. 966 § 3,2020) 17.100.050 Accessory dwelling units development standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following development standards: A. Number of units per parcel.No more than one accessory dwelling unit shall be allowed on a single lot. B. Code compliance. Accessory dwelling units shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the city unless specifically exempted in this chapter. C. Existing lot and uses. An accessory dwelling unit shall be permitted if the existing lot and dwelling, or proposed lot and dwelling, meet the following requirements: 1. The lot on which the accessory dwelling unit is proposed to be established shall contain at least one existing permanent dwelling unit or the application for the accessory dwelling unit shall be made concurrently with an application for at least one dwelling unit on the same lot; 2. The lot on which the accessory dwelling unit is proposed to be established shall not contain any existing accessory living quarters, second dwelling units, granny flats, guest houses, servant's quarters, or similar facilities, unless the proposal includes demolition or modification of such facilities so as to comply with the provisions of this section; Page 30 3. The zoning regulations for the lot allow for the development of a single-family dwelling or multi- family use. D. Facilities. The accessory dwelling unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. E. Utility services. The accessory dwelling unit may be metered separately from the main dwelling unit for gas, electricity, communications,water and sewer services. F. Fire sprinklers. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. G. Size. The size of the accessory dwelling unit shall comply with the following requirements indicated in Table 17.100.050-1: TABLE 17.100.050-1 DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS Accessory Dwelling Unit Typ e Minimum Size Maximum Size' Hei ht2 Attached 220 sq. ft. 50% of main dwelling unit or Cannot exceed the height of 1,200 sq.ft.,whichever is less the primary structure or 16 feet,whichever is hi her Detached 350 sq. ft. 1,200 sq.ft. 1 16 feet'4 1 Maximum size for ADU does not include optional accessory structures(i.e.,garage). 2 An ADU constructed above a garage shall not exceed the height limits of the underlying zone. 3 The ADU shall not exceed 18 feet in height,or 20 feet to match the roof pitch of the primary structure,when located within a half-mile of a major transit stop or high-quality transit corridor. 4 The ADU shall not exceed 18 feet in height when located on a lot with an existing or proposed multi-story multi-family dwelling. H. Lot coverage. Accessory dwelling units shall conform to the lot coverage requirements for the zone in which it is located, except where the application of the lot coverage regulations would not permit construction of an 800 square foot accessory dwelling unit that is 16 feet in height with four-foot side and rear yard setbacks. L Setbacks. Accessory dwelling units shall comply with the following standards: 1. Accessory dwelling units shall maintain at least a four-foot setback from the side and rear lot lines. 2. Accessory dwelling units shall maintain the front yard setback standard of the underlying zone, unless the front yard setback standard would not permit construction of an 800 square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks. 3. Notwithstanding the above, no setback shall be required for an accessory dwelling unit that is within an existing structure or within a structure constructed in the same location and dimensions as an existing structure. J. Parking.Parking for accessory dwelling units shall be provided as follows,in addition to the parking required for the main dwelling unit: Page 31 1. Newly constructed, detached accessory dwelling units shall provide a minimum of one parking space, unless they are exempt pursuant to subsection (J)(5) herein. The parking space may be provided as tandem parking,in an enclosed garage, or in setback areas. 2. If parking for the accessory dwelling unit is provided in a garage which also provides parking for the main dwelling unit, the provided space(s) shall be for the exclusive use of the accessory dwelling unit. The space(s)shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 3. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback.A vehicular driveway that provides access to required parking shall have a minimum width of 10 feet. 4. When a required garage, carport, or covered parking structure for the main dwelling unit is converted or demolished in conjunction with the construction of an accessory dwelling unit, replacement of parking spaces that are eliminated by the construction of the accessory dwelling unit shall not be required as long as the accessory dwelling unit remains in use as a legal accessory dwelling unit. 5. Notwithstanding subsection(J)(1),on-site parking is not required for an accessory dwelling unit in any of the following instances: a. The accessory dwelling unit is located within a one-half mile walking distance of public transit, as that term is defined in Government Code Section 65852.2, as may be amended from time to time; b. The accessory dwelling unit is located within a historic district; C. The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or e. Where there is a car share station located within one block of the accessory dwelling unit. 6. When an ADU is included in an application to create a new single-family or multi-family dwelling on the same lot, the ADU shall not be subject to parking requirements as long as the ADU remains in use as a legal ADU. (Ord.No. 938 § 4, 2018; Ord.No. 964 § 12, 2019; Ord.No. 966 § 3, 2020) 17.100.060 Design standards. Except for applications submitted pursuant to Section 17.100.040, all accessory dwelling units shall comply with the following design standards: A. Exterior stairs shall not be visible from any public right-of-way, excluding alleys or trails. B. The color, material, and texture of the roof shall be substantially the same as the main dwelling unit. Page 32 C. The color, material, and texture of all building walls shall be substantially the same as the main dwelling unit. D. Permitted driveways and walkways shall occupy no more than 50% of the front yard area, in compliance with Section 17.56.070. E. When a garage, carport, or covered parking structure that is visible from any public right-of-way is converted or demolished in conjunction with the construction of an accessory dwelling unit,the design shall incorporate features to match the materials,textures,trim,and landscaping of the main dwelling unit. (Ord.No. 938 § 4, 2018; Ord.No. 966 § 3, 2020) 17.100.070 Historic buildings. An accessory dwelling unit proposed for a property under a Mills Act contract must comply with all Mills Act guidelines,including design conformance with the United States Secretary of the Interior Standards. (Ord.No. 938 § 4, 2018; Ord.No. 966 § 3, 2020) 17.100.080 Ownership, rental,and occupancy requirements. A. Owner occupancy required for junior accessory dwelling units. If the property contains a JADU, one of the residential dwellings on the lot shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the JADU exists, unless state law is amended to prohibit owner occupancy requirements for JADUs. B. Rental occupancy. Any residential unit on a lot with an accessory dwelling unit or JADU must be rented for a period exceeding 30 consecutive days. C. Sale of accessory dwelling units. Sale or ownership of an accessory dwelling unit or JADU separate from the main dwelling unit is prohibited. D. Deed restrictions. Prior to final inspection for an accessory dwelling unit or JADU, the property owner shall execute and record in the office of the county recorder a covenant setting forth the following minimum requirements, in a form and substance satisfactory to the planning department and city attorney's office: I. The accessory dwelling unit or JADU shall not be sold or owned separately from the main dwelling unit,and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership, except as otherwise required by law; 2. If the property contains a JADU, the JADU shall be a legal unit and may be used as habitable space, only so long as either the main dwelling unit, or the JADU, is occupied by the owner of record of the property, unless state law is amended to prohibit local agencies from requiring owner-occupancy; 3. Any rental of an accessory dwelling unit or JADU shall be for a period exceeding 30 consecutive days; and 4. The restrictions shall be binding upon any successor in ownership of the property. (Ord.No. 938 § 4, 2018; Ord.No. 966 § 3, 2020) 17.100.090 Existing nonconforming units. Page 33 Accessory dwelling units, second dwelling units, granny flat or similar accessory structures that exist as of October 19, 2018, that have previously been legally established may continue to operate as legal nonconforming accessory dwelling units. Any accessory dwelling unit that exists as of the effective date of this section, and has not previously been legally established,is considered an unlawful use,unless the planning director determines that the unit meets the provisions of this section. (Ord.No. 938 § 4,2018; Ord.No. 966 § 3, 2020) Chapter 17.102 SPECIAL REGULATED USES 17.102.010 Purpose. The purpose of this chapter is to establish site planning, development, and/or operating standards for check cashing businesses,pawnshops, smoke shops, tattoo parlors, thrift stores, crematoriums, and massage establishments. It is the city's intent,in establishing these standards,to mitigate the potential adverse impacts of these uses and activities on adjacent and surrounding land uses by requiring special siting and location standards and imposing other special development standards. (Code 1980, § 17.102.010; Ord.No. 855, § 4, 2012; Ord.No. 858 § 4, 2013) 17.102.020 Check cashing businesses. A. Applicability. The development standards of this section shall apply to all new check cashing business in the city. B. Location.All new check cashing businesses shall be located consistent with the following standards: 1. Located a minimum of 1,000 feet from another check cashing establishment. 2. Located a minimum of 500 feet from all of the following uses: a. Public school, community center, or library; b. Alcoholic beverage sales, excluding restaurants and grocery stores/supermarkets. C. Development standards. In addition to the development standards of the underlying zone, the following special standards apply to all new check cashing businesses: 1. Lighting. Check cashing businesses shall maintain lighting consistent with the provisions of section 17.58 (Outdoor Lighting Standards). 2. Days and hours of operation. Operation of check cashing establishments shall be limited to Monday through Saturday, from 7:00 a.m. to 7:00 p.m. 3. Site maintenance. Management shall be responsible for the removal of litter from adjacent property and streets that results from the check cashing business (with adjacent property owner consent). (Code 1980, § 17.102.020; Ord.No. 855, § 4, 2012) 17.102.030 Pawnshops. A. Applicability. The development standards of this section shall apply to all new pawnshops in the city. B. Location.New pawnshops shall not be located closer than 1,000 feet from an existing pawnshop and no closer than 250 feet from a public school,park, community center, or library. Page 34 C. Hours of operation. The hours of operation of pawnshops shall be limited to between 8:00 a.m. and 9:00 p.m. daily. (Code 1980, § 17.102.030; Ord.No. 855, § 4, 2012) 17.102.040 Smoke shops. A. Applicability. The development standards of this section shall apply to all new smoke shops in the city. B. Location. Smoke shops shall not be located closer than 1,000 feet from another smoke shop and no closer than 250 feet from a public school, park, community center, or library. (Code 1980, § 17.102.040; Ord.No. 855, § 4, 2012) 17.102.050 Tattoo shops. A. Applicability. The development standards of this section shall apply to all new tattoo shops in the city. B. Location. Tattoo shops shall not be located closer than 1,000 feet from another tattoo shop and no closer than 500 feet from a public school, park, community center, or library. (Code 1980, § 17.102.050; Ord.No. 855, § 4, 2012) 17.102.060 Thrift stores. A. Applicability. The development standards of this section shall apply to all new thrift stores in the city. B. Location. Thrift stores shall not be located closer than 1,000 feet from another thrift store. C. Development standards. All new thrift stores shall observe all development standards of the underlying zone, except that they shall also comply with the following additional standards: 1. Enclosed activities. All activities shall be completely enclosed within the building for the use. 2. Collection/receiving area. A dedicated collection area shall be established separate from the main patron entrance and may be located on the front,side or rear of the building.If the collection area is located in the front of the building, the bulk donation area shall be shielded from public view.Adequate directional signage shall be provided from the main entrance to the use to direct individuals to the collection area. The collection area shall be noticed to prohibit depositing goods when the store is closed. 3. Site maintenance. Management shall be responsible for the removal of litter from the subject property, adjacent property, and streets that results from the thrift store (with adjacent property owner consent). (Code 1980, § 17.102.060; Ord.No. 855, § 4, 2012) 17.102.070 Crematoriums. A. Applicability. The development standards of this section shall apply to all crematoriums in the city. B. Location.All crematoriums shall be located consistent with the following standards: 1. Located east of Interstate 15 and south of Arrow Route. 2. Located a minimum of 1,000 feet from public schools, community centers or libraries, and any residentially zoned property. (Code 1980, § 17.102.070; Ord.No. 855, § 4, 2012) Page 35 Chapter 17.104 TEMPORARY USES 17.104.010 Purpose. The purpose of this chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety, and general welfare of the community is maintained. (Code 1980, § 17.104.010; Ord.No. 855, § 4, 2012; Ord.No. 961, § 3, 2019) 17.104.020 Permit requirements and exemptions. Uses of property(including land,buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a temporary use permit shall be as described in section 17.16.070 (Temporary Use Permit). A. Temporary use permit required. The following temporary activities and uses may be allowed, subject to the issuance of a temporary use permit prior to the commencement of the activity or use and subject to the requirements within this chapter. 1. Festivals and other special events. This use class consists of the temporary operation of a commercial event for entertainment,including: a. Carnivals, circuses,rodeos,fairs, and festivals. b. Haunted houses. C. Concerts and live outdoor entertainment. d. Certified farmers' markets, as defined in chapter 17.140(Universal Definitions). e. Swap meets, flea markets, art, cultural, and educational exhibits and displays. f. Parades, assemblies, fundraisers, and parties. g. Outdoor sporting events, marathons, mobile, and non-stationary activities. h. Other similar events designed to attract large crowds, and which are held on private or public property. 2. Seasonal sales. This use class consists of seasonal operation of a sales activity(e.g.,Halloween, Christmas) on nonresidential properties,including: a. Seasonal sale of agricultural products raised on premises. b. Christmas tree,pumpkin, and other holiday-themed product sales lots. C. Other similar seasonal sales activities designed to attract large crowds, and which are held on private or public property. 3. Uses related to a business. This use class consists of any event,promotion,or sale sponsored by a business or organization that is held outside the confines of the building on private or public property,including: a. Parking lot, sidewalk,or other outdoor promotional sale of merchandise. b. Temporary or mobile food vehicle (e.g., food trucks, grocery trucks). C. Temporary entertainment events. Page 36 4. Temporary uses concurrent with a construction project or change of use on-site. This use class consists of uses that are required for the duration of a construction project,including: a. Temporary office modules (for tenant operations). b. Temporary construction yards, storage, and staging areas (off-site). C. Temporary sales office (on-site and off-site). d. Temporary living quarters on active construction sites. 5. Master temporary use permits for events occurring on more than one occasion. 6. Other temporary activities that the planning director determines are similar in nature and intensity to those identified above. B. Temporary uses exempt from permit requirements. The following temporary activities and uses are allowed by right and expressly exempt from the requirement of first obtaining a temporary use permit, provided they conform applicable development standards. Uses that fall outside of the categories defined shall be required to obtain a temporary use permit. 1. Bingo games conducted by an eligible organization as described in and subject to all regulations in chapter 5.08 (Bingo). 2. Car washes of a temporary nature (e.g., school fundraisers). 3. Construction yards, storage sheds, and construction offices (on-site)in conjunction with an approved construction project where the yard and/or shed are located on the same site as the approved project. 4. Emergency public health and safety facilities established by a public agency. 5. Entertainment and assembly events held within auditoriums, stadiums, or other public assembly facilities,provided the proposed use is consistent with the intended use of the facility. 6. Entertainment and assembly events as part of an allowed permanent use (e.g., gathering at an assembly use). 7. Events held exclusively on city property(city hall, city facilities,parks, etc.),not including events held exclusively in the public right-of-way(street, sidewalk,parkway, etc.), e.g., marathons. 8. Events held exclusively on school grounds, and which are in conjunction with a public school use. 9. Garage and yard sales held on private property and when occurring no more than four days per calendar year. 10. Nonincorporated children's stands, such as a lemonade stand. 11. Parades and assemblies where the size of crowd does not exceed 75 people. City sponsored parades and assemblies are also exempt. 12. Private weddings,parties, or festivities conducted on private residential property that comply with all city regulations and performance standards that apply to,for example,parking,noise, and lighting, and are not part of a business or charge a rental or entrance fee. Shall include Page 37 block parties involving a temporary street or lane closure provided a street closure permit has been issued by the city engineer. 13. Storage containers and dumpsters not associated with an approved construction project when: a. Located on residential property, and not in the public right-of-way (street, sidewalk, parkway, etc.), for a maximum period of five days. b. Located on nonresidential property for any length of time and provided they are screened from public view. 14. Temporary land uses in a zone that allows that land use by right on a permanent basis. (Code 1980, § 17.104.020; Ord.No. 855, § 4, 2012; Ord.No. 961, § 3, 2019) 17.104.030 General development standards for temporary uses. Standards for height, off-street parking, setbacks, and other structure and property development standards that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities occurring on it. The following requirements shall also apply to all temporary activities: 1. Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use, or the zone of the subject parcel shall apply to all temporary activities. 2. Sales or distribution of food items to the general public are subject to San Bernardino County Department of Public Health review and approvals. 3. Sales or distribution of alcohol to the general public are subject to Department of Alcoholic Beverage Control(ABC)review and approvals. 4. Adequate provisions for traffic circulation,parking, and pedestrian safety shall be provided to the satisfaction of the planning director and the city engineer.Proof of adequate parking may be required at the discretion of the planning director. 5. All participating vendors shall obtain a City of Rancho Cucamonga business license. 6. Applicants shall provide a written authorization from the property owner allowing for the temporary use or activity to occur on-site. (Code 1980, § 17.104.030; Ord.No. 855, § 4, 2012; Ord.No. 961, § 3, 2019) 17.104.040 Development standards for specific temporary uses. The following standards shall apply to the specific temporary uses described below: A. Festivals and other special events. 1. Carnivals, circuses, rodeos,fairs, and festivals. a. All such uses shall be limited to not more than 15 days, or more than three consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum setback of 100 feet from any residential use as measured from the property line. This requirement may be waived by the planning director if no adverse impacts,including,but not limited to,noise, traffic, odor, glare, and/or trash would result. Page 38 C. Restroom and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event will not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 2. Haunted houses. a. The operator shall obtain all necessary construction and use permits from the city and fire district prior to commencing the construction of a haunted house facility and shall obtain an operating permit from the fire district prior to commencing operations or opening to the public. b. Haunted houses located in residential zones shall be limited to the day of Halloween (October 31st) and the Saturday night during the week preceding Halloween. All haunted house activities shall cease after 10:00 p.m. C. Haunted houses located in residential zones shall not impose fees, collect donations, or require any incentives as condition for entry into the haunted house. Sale of merchandise, food or drinks is prohibited during the operation of a haunted house. d. Commercial haunted houses shall provide restroom and trash facilities during the operational hours of the event. e. Commercial haunted houses shall provide a security plan to ensure the event will not present a hazard to attendees and residents in proximity to the event. f. Noise attenuation shall be provided to the satisfaction of the planning director. 3. Concerts and live outdoor entertainment. a. All such uses shall be limited to not more than five days, or more than two consecutive weekends, of operation in any 180-day period. To exceed this time limitation shall require the review and approval of a conditional use permit. b. All such activities shall have a minimum distance from any residential area. This requirement will be determined by the planning director on a site-by-site basis. C. Restroom and trash facilities shall be made available during the operational hours of the event. d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Noise attenuation shall be provided to the satisfaction of the planning director. 4. Certified farmers'markets. a. Such use is allowed in the High Density Residential(H) zone and all form-based zones. Such use may be permitted in residential zones if owned by a government agency or nonprofit entity. b. Such use shall be limited to not more than 110 days in a calendar year. To exceed this time limitation shall require the review and approval of a minor development review as prescribed in section 17.06.020 (Rules of Interpretation). Page 39 C. All activities shall have a minimum setback of 100 feet from any residential area. This requirement may be waived by the planning director if in his or her opinion no adverse impact would result. d. Seventy-five percent of the total farmers market sales area must be for the sale of farm products such as fruits,vegetables,nuts,herbs, eggs,honey, livestock food products (meat,milk, cheese, etc.), or flowers and value-added farm products such as baked goods,jams, and jellies. The sale of ancillary products may occur but may not exceed 25 percent of the total sales area. e. Farmers' markets shall be certified and comply with the requirement of chapter 10.5, Direct Marketing Requirements, of Division 17 of the Food and Agriculture Code. f. All farmers' markets shall have a market manager authorized to direct the operations of all vendors participating in the market on site during hours of operation. g. Farmers' market managers shall obtain and have on site all operating and health permits during hours of operation. h. Operating rules,hours of operation, and maintenance and security requirements shall be submitted for review to the satisfaction of the planning director. i. Farmers markets shall provide for composting,recycling, and waste removal in accordance with all applicable city codes. 5. Swap meets,flea markets, art, cultural, and educational exhibits and displays. a. All such uses shall not exceed 30 days of operation or exhibition per calendar year. Swap meets may be allowed additional days of operation at the discretion of the planning director. b. The hours of operations for a swap meet and/or flea market shall be limited to between the hours of 7:00 a.m. to 6:00 p.m. C. The operator of a swap meet and/or flea market shall post the local regulations relative to swap meets in a conspicuous place on the premises where the swap meet is conducted. d. The owner or operator of the swap meet and/or flea market shall maintain a record of all sellers at the swap meet on each date the swap meet was open for business and shall provide the list on record for inspection upon demand by the city business license officer. e. The sale of automobiles or automobile parts is prohibited. 6. Parades, assemblies,fundraisers, and parties. a. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards). b. All proceeds derived from a fundraiser event from the sales of any food,drinks or merchandise shall be for the benefit of a government,nonprofit organization, or individual. C. Parades and assemblies, over 75 people, are specific event types subject to the city's standards for such uses established in chapter 8.44. Page 40 7. Outdoor sporting events, marathons, mobile, and nonstationary activities. a. Restroom and trash facilities shall be made available during the operational hours of the event. b. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. B. Seasonal sales. 1. Seasonal sale of agricultural products raised on premises. a. Sales are limited to periods of 90 days in a calendar year and when parking and access is provided to the satisfaction of the planning director. b. Sales of nonagricultural and/or noncottage food products are prohibited. Sales of cottage food shall comply with all applicable licensing and permitting requirements per the San Bernardino County Department of Public Health. C. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress. All parking spaces shall be consistent with the city's parking standards in chapter 17.64. d. The hours of operations shall be limited to between the hours of 7:00 a.m.to 6:00 p.m. 2. Christmas tree,pumpkin, and other holiday-themed product sales lots. a. All such uses shall be limited to 30 days of operation per calendar year. b. All lighting shall be directed away from and shielded from adjacent residential areas. C. All activities not involving the sale of holiday-related products are subject to review by the planning director. In the event where the nature of the holiday-related product is contested, the planning director shall have the final determination. C. Uses related to a business. 1. Parking lot, sidewalk, or other outdoor promotional sale of merchandise. a. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city,including retail/wholesale businesses located in industrial areas,in connection with current on-site businesses. b. Each sale is limited to a maximum of 19 days per calendar year,unless authorized by a conditional use permit. C. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within 30 days of another sale. d. The activity shall not present a hazard to pedestrians or encroach on a required building exit or emergency vehicle/fire access lanes. e. Safe vehicle ingress and egress shall be provided at all times. f. Adequate parking shall be provided and maintained during the course of the activity for both the business of the applicant and all other businesses on the same lot or parcel or within the same shopping center. Page 41 2. Temporary entertainment events. a. All temporary entertainments events shall be limited to a maximum of three contiguous calendar days per year, and such events shall be limited to a total of 12 days per calendar year, on the same property. b. The applicant for each entertainment event must obtain the written authorization of the property owner where the event is being held. C. Noise levels shall not exceed the established noise standards for the underlying noise zone per chapter 17.66 (Performance Standards). d. A security plan shall be provided to ensure the event shall not present a hazard to attendees and residents in proximity to the event. e. Events that negatively impact the public and/or neighborhood such as through noise or traffic impacts may be denied subsequent temporary entertainment permits. f. Entertainment uses as defined in section 17.20.020(C) (Entertainment Permit, Exceptions) shall also be exempt from the requirements of this section. 3. Temporary office modules. a. A temporary office module may be approved for a limited time period not exceeding six months. Extensions may be granted at the discretion of the planning director. Temporary office modules submitted in conjunction with a master plan for development of permanent buildings may initially be approved for a longer period at the discretion of the planning director. b. All temporary office modules shall be removed upon completion of the construction permit for which this use has been approved, or the expiration of the time for which the approval has been granted. C. The design of the office modules shall have a look of permanence. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs,walkways, and stepped roofs to mitigate the temporary appearance. d. The approval of temporary office modules may require necessary street improvements, grading, drainage facilities, and landscaping. e. Temporary office modules shall comply with all applicable fire and building codes. f. A statement from the owner of the property indicating that the temporary office module shall be removed at the end of the designated period shall be provided. The statement shall include an acknowledgement that failure to remove the office module or failure to apply for an extension by the expiration date will result in a halt to further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. 4. Temporary construction yards, storage and staging areas(off-site). a. All construction yards, staging areas, and storage shall be maintained in conjunction with construction activities.All equipment and storage shall be removed upon final inspection approval or occupancy for which a permanent use has been approved, or the expiration of the time for which the approval has been granted. Page 42 b. Failure to remove all construction yards, staging areas, and storage by the expiration date will result in a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of any structures. S. Temporary sales office. a. Sales offices may be located inside a dwelling unit of a new subdivision or within a trailer,modular or similar temporary structure located within a recently recorded tract. If the sales office is not located within the subdivision, the sales office shall be located in a model home or other permanent structures. b. Approval shall be for a two-year period, at which time the sales office use shall be terminated, and the dwelling unit restored back to its original condition. If the sales office is in a trailer, the trailer shall be removed. Extensions may be granted at the discretion of the planning director. C. A cash deposit, letter of credit,or any security determined satisfactory to the city shall be submitted to the city,in an amount to be set by city council resolution, to ensure the restoration or removal of the structure. d. Failure to terminate sales office and restore structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site, and enforcement action to ensure restoration of structure. e. The hours of operation of an off-site sales office shall be limited to between the hours of 10:00 a.m. to 6:00 p.m. f. All model home lots shall be fully landscaped including,but not limited to, a permanent,underground irrigation system, specimen size trees, and the use of shrubbery,ground cover, and lawn in combination to produce a pleasing and aesthetic environment compatible with the surrounding established neighborhood. g. The individual elements of the model homes sales office (e.g., lighting, signing, fencing,hours of operation) should be designed in a collective, coordinated manner to ensure a safe, secure, and aesthetic environment, sensitive to and compatible with the surrounding development. h. All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right-of-way, except where approved by the planning director for security. i. Flags,pennants, or other on-site advertising shall be regulated pursuant to the sign regulations. A sign permit application shall be submitted for review by the planning department prior to installation. j. Street improvements and temporary parking at a rate of two spaces per model shall be completed to the satisfaction of the planning director prior to commencement of sales activities or the display of model homes. All temporary parking spaces shall be off-street. k. On-street parking may be permitted subject to the following conditions: Page 43 i. The model homes, sales office, and on-street parking shall be secured with a decorative fence and gate across the street that is kept locked during non-operating business hours. ii. The sales office, models, and on-street parking spaces has been coordinated with construction phasing such that there are no resident homeowners living in homes located adjacent to the gated, secured area of the street. 1. An area for overflow parking shall be provided off-street to the satisfaction of the planning director. Said parking area shall be located adjacent to the model home sales office, outside secured area, appropriately signed, and provided with a drive approach constructed to city standards. in. Temporary landscaping,including minimum 36-inch box trees, shall be provided within the on-street parking area(cul-de-sac). Temporary landscaping shall also be provided within a planter area surrounding the overflow parking area. 6. Temporary living quarters on active construction sites. a. The planning director may approve a temporary living quarters for security personnel or temporary residence of the subject property owner in conjunction with a development project. b. Installation of a temporary living quarter may occur only after a valid building permit has been issued. C. Temporary living quarters shall not exceed a maximum gross square footage of 650 square feet in size (tongue not included). d. The temporary living quarter must meet all requirements and regulations of the San Bernardino County Department of Public Health and the city building and safety department. e. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted.At that time,trailers shall be removed from the site. f. A cash deposit, letter of credit,or any security determined satisfactory to the city shall be submitted to the city,in an amount to be set by city council resolution, to ensure removal of the structure temporary living quarter. g. Failure to terminate the temporary living quarter or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit and enforcement action to ensure removal of the temporary living quarter. D. Master temporary use permits. I. Individual events requiring a temporary use permit and occurring multiple times in a calendar year may be authorized to combine all permits under a master temporary use permit. 2. All events are subject to specific requirements associated with their event class as established in this section. 3. The master temporary use permit shall be active for a 12-month period from the date of permit issuance. Page 44 4. A plan specifying the specific days and times in which the activity will take place shall be submitted with the application. Additional permits may be required for activities falling outside of the times specified. 5. Event occurrences under a master temporary use permit shall be identical in operating characteristics. In the event where the operating characteristics are in question, the planning director shall have the final determination. (Code 1980, § 17.104.040; Ord.No. 855, § 4, 2012; Ord.No. 860 § 4, 2013; Ord.No. 867, 2014; Ord.No. 879, § 4, 2015; Ord.No. 961, § 3, 2019) Chapter 17.106 WIRELESS TELECOMMUNICATION FACILITIES 17.106.010 Purpose and intent. The purpose of this chapter is to establish site planning and development standards for wireless communication facilities.It is the city's intent,in establishing these standards,to allow for the development of wireless communication facilities where needed in accordance with the Telecommunications Act of 1996, while maintaining development standards and permitting requirements consistent with state law. (Ord.No. 929 § 4, 2018) 17.106.030 Permit requirements and exceptions. A. Minor wireless communication facilities shall require minor design review. B. Major wireless communication facilities shall require a conditional use permit. C. Minor or major wireless communication facilities located within the public right-of-way shall also require a construction permit pursuant to Chapter 12.03. D. Wireless communication facilities on city property, except for the public right-of-way, are exempt from permit requirements. E. Removal of wireless communication facilities is exempt from permit requirements. F. Replacement of equipment which does not substantially change the tower or shelter is exempt from planning permits,but may be subject to other building permits. G. Notwithstanding any other provision of this chapter,the collocation of a new wireless communication facility on an existing major wireless communication facility that: (1) was approved after January 1, 2007,by discretionary permit; (2) was approved subject to an environmental impact report,negative declaration, or mitigated negative declaration; and (3) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless communication collocation facilities shall not be required to obtain another discretionary permit approval, but shall be required to obtain all other applicable non-discretionary permit(s), as specified by this title and the city-adopted building code, provided such collocation does not increase the height or change the location of the existing wireless facility or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility. H. The proposed collocation of a new wireless communication facility on an existing minor or major wireless communication facility that meets all of the requirements stated in subsection G may include new appurtenant equipment boxes or shelter units that are colored and/or disguised to match the existing equipment boxes or shelter units and that do not exceed the total volume of equipment boxes utilized by the existing wireless communication collocation facility. Page 45 1. The proposed collocation of a new wireless communication facility on an existing major wireless communication facility that meets all of the requirements stated in the above paragraphs may not include the following: a. More additional surface area of antennas than is being utilized by the existing wireless communication collocation facility,provided all antennas are colored and/or disguised to match the existing facility. b. Any additional tower or additional support structure than is shown in plans and specifications to be reasonably necessary to collocate the permitted antenna panels on the existing wireless communication facility.Unless otherwise approved in writing by the planning director, and except as provided in this subsection, installation of all collocation accessory equipment and enclosures shall comply with the requirements of this chapter. 2. Except as otherwise provided above,a minor use permit or minor design review shall be required when the proposed collocation facility: a. Increases the height of the existing permitted tower/structure or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless communication facility; or b. Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by this section; or C. Collocates on an existing legally permitted wireless communication facility that was approved on or prior to January 1, 2007; or d. Will serve or be operated by more than one wireless services provider,unless an additional provider has properly obtained a written authorization from the planning director after consideration of the factors applicable to administrative approval of collocation facilities set forth above in this section, the size of the additional, proposed facility, and the potential visual or other impact of the proposed facility. (Ord.No. 929 § 4, 2018) L In the event that State or Federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities, the permits required by this chapter for those facilities shall be deemed to be ministerial permits. For those facilities, in lieu of a discretionary use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility and all provisions of this chapter shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the Director rather than as a discretionary permit. Any conditions of approval set forth in this chapter or deemed necessary by the Director shall be imposed and administered as reasonable time, place and manner rules. J. A collocation or siting application for a wireless telecommunications facility will be deemed approved if the city fails to approve the application in a reasonable time (60 days for modifications and 150 days for all other telecommunications applications),the applicant provided all required public notices, and the applicant provided notice to the city that the reasonable time period lapsed. K. For Eligible Facilities Requests, collocation of new transmission equipment,removal of transmission equipment, or the replacement of transmission equipment is allowed by right provided the Page 46 modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station. 17.106.030 Application requirements. Where the city determines that it requires expert assistance in evaluating an application, the city may hire a consultant and the fee charged by the consultant shall be reimbursed to the city,with a deposit paid up front by the applicant regardless of the outcome of the application. (Ord.No. 929 § 4, 2018) 17.106.040 Development criteria. A. Screening and site selection guidelines. The following screening and site selection guidelines apply to all wireless communication facilities: 1. Stealth facilities and concealed antennas are preferred. 2. Wireless communication facilities shall be located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening. Where insufficient screening exists, applicants shall provide screening satisfactory to the planning director, or as otherwise required herein. 3. Ground-mounted wireless communication facilities shall be located only in close proximity to existing aboveground utilities, such as electrical towers or utility poles(which are not scheduled for removal or undergrounding for at least 18 months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city. 4. Wireless communication facilities shall be located in the following order of preference: a. Collocated with existing wireless communication facilities. b. On existing structures such as buildings, communication towers, or utility facilities. C. On an existing signal,power, light, or similar kinds of poles. d. In industrial zones. e. In commercial zones. f. In residential zones, subject to additional restrictions set forth herein. 5. Major wireless communication facilities are not permitted to locate within 300 feet of any residential structure, within any residential zone, or within 300 feet of any existing, legally established major wireless communication facility except as follows: a. When located on any existing nonresidential building or structure or on any existing utility pole provided such location complies with all of the following: i. The collocation is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95,Rule 94, and any other applicable state or federal regulations; and ii. Existing major wireless communication facility to be utilized for collocation shall previously be granted with a conditional use permit or a minor development review approval,including modification of an existing conditional use permit or minor development review; and Page 47 iii. All accessory equipment and enclosures shall be located underground or screened from public view as approved in writing by the planning director; and iv. Unless shown in the submitted application documentation to not be technically and/or commercially feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage described in said documentation. b. The proposed facility will replace or modify an existing facility for purposes of collocation. C. The proposed facility will be designed and constructed in a manner to allow for future collocation of an additional wireless communication carrier provided the applicant submits written documentation that shows: i. A more preferable location, as determined by reference to subsection (A)(4) cannot be reasonably accommodated by the applicant due to technical requirements of the proposed facility,including,but not limited to, coverage requirements imposed by the Federal Communications Commission(FCC) or otherwise by law, or due to other factors beyond the applicant's reasonable control. d. For the purposes of this chapter, all distances shall be measured in a straight line without regard to intervening structures,from the nearest point of the proposed major wireless communication facility to the nearest property line of any residential land use, or to the nearest point of another major wireless communication facility. B. Development requirements. 1. As part of the application process, each wireless communication facility applicant may, at the discretion of the planning director,be required to provide written documentation demonstrating good faith efforts in locating facilities in accordance with the site selection guidelines (order of preference). Such documentation shall include at minimum a coverage map (before and as proposed) and analysis of alternative sites. 2. Wireless communication facilities shall not bear any signs or advertising devices other than certification warning or other required seals or legally required signage. 3. All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zone in which the accessory equipment is located, subject to city approval. If the equipment is permitted to be located aboveground or will be located within the public right-of-way, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. 4. Wireless communication facilities shall be of subdued colors and non-reflective materials which blend with surrounding materials and colors. 5. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture, and/or materials of the building. 6. Monopoles and antennas shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the wireless communication facility. The applicant shall provide documentation satisfactory to the planning director establishing compliance with this subsection. Page 48 7. Wireless communications facilities, including on-site generators, shall be designed to comply with the city's noise ordinance, found at Section 17.66.050 and all other applicable noise regulations. C. In addition to the development criteria set forth in subsections A and B, the following criteria shall apply to all wireless communication facilities located within the public right-of-way and installed after June 16, 2018: 1. Wireless communication facilities may be located on street lights or utility poles,but may not be placed on historic or decorative street lights,traffic signal poles, or intersection safety lights. 2. The applicant shall submit engineering calculations, sealed by a registered professional engineer licensed in California, to ensure that the existing street light or utility pole and its footing are adequate to support the new loads. If the existing infrastructure is not adequate to support the new loads, the applicant may propose to replace the existing infrastructure with adequate, city- approved,new infrastructure at the applicant's expense. 3. All cabling and wiring must be contained in conduit, affixed directly to the face of the pole, for as long as it is technically feasible. Exposed slack or extra cable is prohibited. 4. Electrical meters are prohibited. The applicant is responsible for the cost of all electrical usage associated with the wireless communication facility. 5. If installation of the wireless communication facility is within an area governed by the Rancho Cucamonga Fiber Master Plan, the city engineer may forward the engineering plans to the Rancho Cucamonga Municipal Utility for review and a requirement that the applicant coordinate with the Rancho Cucamonga Municipal Utility may be added to the construction permit to facilitate joint trenching opportunities. 6. Installation and operation of the wireless communications facility shall not damage or interfere in any way with city property or facilities or existing, third-party installations. (Ord.No. 929 § 4, 2018) 17.106.050 Performance standards. No wireless communication facility shall interfere with any public safety radio communications system, including,but not limited to, the 800 MHz trunking system. Wireless communication facilities shall comply with all FCC rules and regulations regarding the avoidance,mitigation, and abatement of any such interference. (Ord.No. 929 § 4, 2018) 17.106.060 Removal and restoration...........Permit expiration or revocation. A. Upon the expiration date of the minor design review, conditional use permit, and/or construction permit, including any extensions, earlier termination or revocation of the permit, the operator shall remove its wireless communications facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances,rules, and regulations of the city. The wireless communications facility shall be removed from the property within 30 days, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration. Page 49 B. Failure of the operator to promptly remove its facility and restore the property within 30 days after expiration, earlier termination, or revocation of the permit of the facility, shall be a violation of this code, and be grounds for: 1. Prosecution; 2. Calling of any bond or other assurance required by conditions of approval; 3. Removal of the facilities by the city in accordance with established procedures for abatement of a public nuisance at the owner's expense; and/or 4. Any other lawful remedies. C. In the event the director of engineering services determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the director of engineering services may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within 60 days, the facility shall be treated as abandoned property. D. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond,collect those excess costs in accordance with this code.Unless otherwise provided herein,the city has no obligation to store such facility. The operator shall have no claim if the city destroys any such facility not timely removed by the operator after notice or removed by the city due to exigent circumstances. (Ord.No. 929 § 4, 2018) 17.106.070 Abandonment. A. A wireless communication facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless communication services for 180 or more days,unless the wireless communication facility is otherwise permitted to remain in the public right-of-way by agreement with the city. Such removal shall be in accordance with proper health and safety requirements and all ordinances,rules, and regulations of the city. B. A written notice of the determination of abandonment shall be sent by first class mail, or personally delivered, to the operator of the wireless communication facility at said operator's business address on file with the city. The operator shall remove all facilities within 30 days of the date of such notice unless,within ten business days of the date of said notice,the operator appeals such determination,in writing, to the planning commission. The planning director shall schedule a hearing on the matter to be conducted before the planning commission at which time the operator may present any relevant evidence on the issue of abandonment.The planning commission may affirm,reverse,or modify with or without conditions the original determination of abandonment and shall make written findings in support of its decision. The decision of the planning commission shall be final. Page 50 C. Any wireless communication facility determined to be abandoned and not removed within the 30-day period from the date of notice,or where an appeal has been timely filed,within such time as prescribed by the planning commission following its final determination of abandonment, shall be in violation of this chapter, and the operator of such facility shall be subject to the penalties prescribed herein. Facilities determined to be abandoned and not removed within the time limits prescribed herein hereby are deemed to be a nuisance and, alternative to the procedure described above, may be abated as a nuisance in any manner provided by law. (Ord.No. 929 § 4, 2018) 17.106.080 Deployment of temporary facilities. A temporary wireless communication facility may be deployed subject to approval by the planning director and the following: A. A permanent wireless communication facility has been approved for the property in question. B. The temporary facility was approved as part of the conditional use permit or minor development review. C. The facility is deployed for no more than six months,provided that two extensions may be granted by the planning director;however,the total period shall not exceed one year.(Ord.No.929 §4,2018) 17.106.090 Agreement for facilities located on city-owned property. No approval granted under this chapter for locating facilities on city-owned property,including city- owned utility poles, shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property shall be used or maintained. The terms of any such agreement shall be supplemental to the requirements of this chapter. (Ord.No. 929 § 4,2018) Chapter 17.108 TELEVISION SATELLITE DISH AND ANTENNA IzEGULATIONS 17.108.010 Purpose. The purpose of this chapter is to establish site planning and development standards for television, satellite dish and radio antennas to minimize visual impacts resulting from, and reducing safety hazards associated with,the size,height, and placement of such antennas. The standards set forth herein are designed to balance the city's concern for public safety and aesthetic interests,with each person's right to transmit or receive radio and/or television signals without imposing unreasonable limitations on antennas or preventing the transmission or reception of radio and/or television signals. (Code 1980, § 17.108.010; Ord.No. 855, § 4, 2012) 17.108.020 Applicability. A. Antennas less than 20 square feet in surface area may be mounted in the rear or side yard, or on the roof of any structure. If the rear or side yard prove unsatisfactory, then they may be mounted in the front yard of any residence with approval of a site development review entitlement by the planning director subject to the related provisions within this chapter can be met. B. Antennas 20 square feet or greater in surface area shall be installed in the rear yard except in the event that the overall quality of reception in the rear yard is not at least equal to that received by cable, or other circumstances preclude such installation. Approval of site development review entitlement by the planning director shall be obtained authorizing the antenna to be located in a side yard,on the roof Page 51 of a structure,or in the front yard,subject to provisions within this chapter.(Code 1980, § 17.108.020; Ord.No. 855, § 4, 2012) 17.108.030 Screening required. A. Each antenna visible to the public which has a surface area exceeding 20 square feet or greater, or which is permitted by this chapter to be mounted in the front yard,shall be screened to the satisfaction of the planning director, unless otherwise screened from public view by existing structures, landscaping, or topographical features. If such antenna is to be mounted directly, or through a supporting structure, to the ground, then such screening shall be accomplished through the use of appropriate plants, trees, or shrubbery or a combination of such plants, trees, shrubbery, and wood lattice or other material compatible with the residence or other adjacent structures. Plants, trees, or shrubs to be utilized for screening purposes shall have a minimum container volume of ten gallons at the time of planting.All such screening shall be sufficiently high so as to screen at least 90 percent or more of the antenna from public view. B. Each antenna with a surface area 20 square feet or greater, which is permitted by this chapter to be roof mounted,shall be screened with materials compatible with the structure upon which such antenna is mounted and shall be screened to the satisfaction of the planning director. Such screening shall be sufficiently high so as to screen at least 90 percent of the antenna from public view. C. This screening requirement shall not apply to satellite dish antennas, two meters or less in diameter in commercial or industrial zones, or one meter or less in diameter in any other zone. (Code 1980, § 17.108.030; Ord.No. 855, § 4, 2012) 17.108.040 Antenna installations. A. The preferred order of placement of any antenna is rear yard first, then side yard, roof, and finally front yard.Notwithstanding the foregoing, the preferred location shall be that location which results in the greatest screening of the antenna from public view by existing landscaping, structural, and/or topographical features. B. No antenna shall exceed ten feet in height above the peak roof line of the structure upon which such antenna is mounted or the height of the peak roof line of the closest building or residential structure if such antenna is not to be roof mounted. C. No antenna shall be installed in any required setback,within five feet of any property line, or in any other location,which would impede emergency access to any portion of the subject property. D. No satellite dish antenna shall exceed ten feet six inches in diameter. E. Each satellite dish antenna exceeding five feet in diameter shall be earth-tone or neutral in color and shall be constructed of a"see-through"mesh or open grid design. Solid surface receive-only satellite dish antennas, such as solid, white fiberglass designs, are prohibited. F. Nothing herein shall excuse any person from obtaining all permits otherwise required or from complying with any and all applicable local and state codes, laws, and regulations pertaining to the installation of antennas and/or antenna support structures. G. No more than two receive-only antennas 20 square feet or greater in surface area may be installed per residential lot or parcel. (Code 1980, § 17.108.040; Ord.No. 855, § 4, 2012) Page 52 17.108.050 Antenna placement in nonresidential zones. Except as otherwise provided in this chapter, all provisions herein,including,but not limited to,permit and screening requirements, shall be fully applicable to placement of antennas in nonresidential zones. The preferred order of placement shall be rear setback areas first,then side setback areas,roof, and finally front setback areas. (Code 1980, § 17.108.050; Ord.No. 855, § 4, 2012) Chapter 17.110 Emergency shelters All emergency shelters shall meet the following locational and operational standards. 1. A shelter shall not be located within 300 feet of another emergency shelter. 2. The number of beds shall not exceed more than one per 130 square feet of gross floor area. 3. Off-street parking shall be based on demonstrated need,but shelters shall not be required to provide more than one parking space per 200 square feet of gross floor area. 4. A shelter shall provide an interior waiting and intake area which contains a minimum of 200 square feet and an exterior on-site waiting area of no less than 200 square feet. 5. A shelter shall have 24-hour per day/seven days a week on-site management. 6. The maximum length of stay of any person shall be six months. 7. Appropriate exterior lighting shall be provided. The exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and with brightness or glare controlled to be compatible with the neighborhood. 8. A shelter shall provide security guards during the hours a shelter is open. Page 53 ARTICLE VI. SPECIAL PLANNING AREAS Chapter 17.112 PURPOSE AND APPLICABILITY 17.112.010 Special planning area purpose and intent. Special planning areas are areas within the city that have adopted plans with unique use, development, and/or design regulations that vary or deviate from the citywide zoning and development standards. Special planning areas are created for a variety of reasons, including but not limited to private development applications for master planned communities,protection of unique resources (e.g., historic district, environmental protection), special site considerations (e.g., hillside development, scenic corridors), and/or special use considerations (e.g.,targeted use areas,redevelopment opportunities). Since incorporation, special planning areas in the city have been established for all of the above listed reasons. This chapter identifies and describes the city's special planning areas,which are areas subject to unique zoning and development regulations according to the following general categories: A. Specific plans. Specific plans are a tool for implementing the areas of at least 300 contiguous acres. Specific plans allow for flexibility in design and customized development standards tailored to specific needs and conditions. Specific plans must be consistent with the general plan and comply with the specific content and procedural requirements of state law. Specific plans provide the basis for the development of the properties [in] the plan area. To the extent that a specific plan is silent as to any matter, it may be supplemented by applicable provisions of this Development Code,provided that the provisions of a specific plan supersede and control over any conflicting provisions of this Development Code without regard as to which is more or less stringent. . Subsequent development within a designated specific plan area must be consistent with the corresponding specific plan document(s) for that area. B. Master plans.Master plans are discretionary planning entitlements (not a zone)that allow flexibility in the allowed uses and development standards for specific types of projects.Masterplans are required for mixed-use projects and other integrated developments that warrant special development consideration beyond conventional zoning regulations to address the special or unique needs or characteristics. The master plan entitlement requires preparation of a conceptual master plan to address issues such as circulation,drainage,open space linkages,trail connections,compatibility with adjacent uses,and similar concerns through a comprehensive approach and creative design flexibility. Master plans are intended to insure a harmonious relationship between the existing and proposed uses, and to coordinate and promote the community improvement efforts of both private and public resources. Subsequent development within the master planned areas must be consistent with the approved conceptual master plans. C. Overlay zones Overlay zones establish unique use and/or development regulations for areas of the city to address special site conditions, protect resources, and/or address land use needs opportunities in combination with the base zones of the same parcels. Regulations for overlay zones supplement the regulations that apply to the corresponding base zone. To the extent that the overlay zone establishes allowed land use or development standards that deviate from those of the base zone, however,the regulations for the overlay zone prevail.An overlay zone will apply to the entirety of an individual parcel.. The city has established overlay zones for Cucamonga station, industrial commercial, hillside development, senior housing, and equestrian uses. Descriptions of each are provided in section 17.114.050 (Overlay Zone Descriptions). (Code 1980, § 17.112.010; Ord. No. 855, § 4, 2012) 17.112.020 Applicability of special planning areas. Special planning area development and design requirements apply to those parcels of land with adopted plans (e.g.,master plan) and/or zone designations of specific plan,planned community, or overlay as shown on the city's zoning map. The list below identifies all currently adopted or designated special planning areas within (or partially within) the city. This list and the special planning area map will be updated from time to time as additional special planning areas are designated or approved. A. Specific plans (specific plan zones). 1. Empire Lakes Specific Plan. 2. Etiwanda Heights Neighborhood and Conservation Plan (EHNCP). B. Master plans. 1. 1. Victoria Gardens Master Plan. C. Overlay zones. 1. Cucamonga Station 2. Senior Housing Overlay Zone. 3. Equestrian Overlay Zonet. 4. Hillside Overlay Zone. 5. Camino Predera Overlay Zone 6. Agricultural Overlay (Code 1980, § 17.112.020; Ord.No. 855, § 4, 2012) 17.112.030 Relationship to other zoning and development regulations. Each of the city's special planning areas allows for establishment of unique land use and/or development standards that vary from base zone regulations. This section explains the relationship of each type of special planning area to other zoning and development regulations. A. Specific plans. Specific plans are legislatively enacted planning documents that replace the zoning of the property for the project area. As such, specific plans may include unique zoning regulations and procedures for subsequent development within the project area.Where a specific plan establishes unique regulations that conflict with regulations in this Development Code, the regulations in the specific plan shall prevail.Where the specific plan is silent or refers to the city's Development Code for regulations,this Development Code applies. B. Master plans.Master plans are a discretionary planning entitlement that allows for the establishment of unique land use and/or development standards within the designated project area. Where a master plan is adopted or approved with unique regulations that deviate from the regulations in the city's Development Code, the regulations in the master plan shall apply to subsequent development within the project area.Where a master plan is silent or refers to the city's Development Code for zoning or development regulations, this Development Code applies. C. Overlay zones.Overlay zones,by definition,establish special land use and/or development standards for particular geographic areas of the city. Those special land use and/or development standards supplement the zoning regulations of the underlying base zone. Where the zoning regulations of the overlay zone conflict with the regulations of the base zone or any other provisions in this Development Code,the regulations of the overlay zone shall apply.Where the overlay zone is silent or refers to the city's Development Code for zoning or development regulations, this Development Code applies. (Code 1980, § 17.112.030; Ord.No. 855, § 4, 2012) 17.112.040 Procedures. Procedures for the review adoption of specific plans and master plans are listed in article II(Land Use and Development Procedures). Specifically, see details regarding general application processing procedures (chapter 17.14), entitlements decided by the city council(chapter 17.22) for specific plans, and entitlements decided by the planning commission(chapter 17.20) for master plans. Specific plans require Specific Plan (SP) Zone designation on the city's zoning map and adoption of a specific plan document (Code 1980, § 17.112.040; Ord.No. 855, § 4, 2012) Chapter 17.114 SPECIAL PLANNING AREA DESCRIPTIONS 17.114.010 Specific plan descriptions. The specific plans listed below have been adopted by the city and designated on the zoning map as Specific Plan (SP)with a specific reference number to each adopted plan. This section provides a reference to each adopted specific plan, along with a summary of the unique land use and development standards applicable to each individual specific plan. A full copy of all adopted specific plan documents (and any adopted amendments thereto) shall be kept in the planning department and in the city clerk's office. A. Empire Lakes Specific Plan (ELSP). The Empire Lakes Specific Plan was adopted in 1994. It includes 380 acres within the previously adopted industrial specific plan area as Sub-Area 18. The primary purpose of this subsequent specific plan is to provide for a broader mix of land uses than was originally permitted within the industrial area specific plan. The plan was expanded to include such uses as recreational, hotel/conference center, retail, restaurant, and entertainment, as well as office, research and development, and light industrial uses. These uses are intended to surround the existing 18-hole golf course. A subsequent amendment to further expand the use list included limited multi- unit residential development to maximize potential use of the Metrolink station near Milliken Avenue. B. Etiwanda Heights Neighborhood and Conservation Plan (EHNCP). The Etiwanda Heights Neighborhood and Conservation Plan was adopted by the city council in 2019.The plan area is located along the northeastern edge of the city at the base of the San Gabriel Mountains;west of State Route 15, north of State Route 210, and north of existing residential neighborhoods in the city. The plan area includes 4,393 acres.The plan represents a unique opportunity to permanently preserve unspoiled views of the San Gabriel foothills and mountains,permanently conserve rural open space and habitat resources, secure recreational access to the foothills,while providing unique new neighborhoods that reflect the city's heritage. This plan has been prepared to guide land use and shape new development within the plan area.The community-based vision is for large quantities of conserved rural and natural open space in the plan's 3,603-acre rural/conservation area,underwritten by and in balance with high quality neighborhood development in the 790-acre southerly neighborhood area already surrounded by existing neighborhoods. This area had long been under San Bernardino County's jurisdiction, and the city's interest is to implement this plan for the future of this portion of rural land,preserving much of the foothills for future generations. Please refer to the adopted Etiwanda Heights Neighborhood and Conservation Plan maintained by the planning department and city clerk for comprehensive details. (Code 1980, § 17.114.020; Ord.No. 855, § 4, 2012; Ord.No. 958, § 1, 2019) 17.114.020 Master plan descriptions. The master plans listed below have been adopted by the city. This is a partial list because the city has also approved other master plans that are simply site plans approved as part of the previous master planning entitlement. This section provides a reference to the more detailed master plans, along with a summary of the unique land use and development standards applicable to each individual master plan. A full copy of all adopted master plan documents (and any adopted amendments thereto) shall be kept in the planning department and in the city clerk's office. A. Victoria Gardens Master Plan. The Victoria Gardens Master Plan was adopted in 2009 as a subset of Victoria Arbors for 174 acres for the Victoria Gardens Regional Mixed-Use Lifestyle Center. Please refer to the adopted Victoria Gardens Master Plan document maintained by the planning department and city clerk for comprehensive details. (Code 1980, § 17.114.040; Ord. No. 855, § 4, 2012) 17.114.030 Overlay zone descriptions. The Overlay Zones listed below have been adopted by the city and designated on the zoning map with representative zone symbols in combination with the base zone symbol for each parcel with an overlay designation. This section provides a reference to each adopted Overlay Zone, along with a summary of the unique land use and development standards applicable to each Overlay Zone. Comprehensive regulations applicable to each Overlay Zone can be found in article III, chapter 17.38 (Overlay Zones). A. Cucamonga Station Area. The Cucamonga Station(CS)Overlay Zone designates an area around the Rancho Cucamonga Metrolink station for modified FAR and density standards. B. Senior Housing Overlay Zone. The Senior Housing (SH) Overlay Zone designates areas for construction of affordable rental housing units for senior citizens. Special development regulations include qualifications, incentives, and required agreements for development and maintenance of affordable senior housing projects. Specific regulations can be found in chapter 17.38 (Overlay Zones). C. Equestrian Overlay Zone. The Equestrian (E) Overlay Zone is designates areas of the city for the keeping equine,bovine, and cleft-hoofed animals. Special development regulations include standards for animal keeping and trail requirements as outlined in chapter 17.38 (Overlay Zones). D. Hillside Overlay Zone. The Hillside (H) Overlay Zone establishes special development regulations for hillside areas of the city with a slope equal to or greater than 8 percent. A complete listing of the development regulations for qualifying hillside areas is included in chapter 17.52 (Hillside Development). E. Camino Predera (CP) Overlay Zone. The Camino Predera(CP) Overlay Zone establishes optional development standards for 38 (thirty-eight)developed and undeveloped properties that are located on the north and south sides of Camino Predera and all properties that have street frontage along Predera Court, a residential neighborhood generally located north of Foothill Boulevard/Pacific Electric(PE) Trail and west of Carnelian Avenue/Cucamonga Creek, in the Low Residential (L) Zone. Optional development standards that will apply to these properties are identified in Chapter 17.38. A complete listing of additional development regulations for Camino Predera is included in Chapter 17.52 (Hillside Development). F. Agricultural Overlay. The Agricultural Overlay establishes provisions which allows the continuation and minor expansion of historic agricultural legacy uses related to the city's cultural heritage which,by way of zoning practices of preceding decades, may have become nonconforming to current standards. The Agricultural Overlay is noncontiguous and any mapping amendments to official maps,figures or exhibits will occur at such time that an application for an Agricultural Overlay designation is approved by the relevant decision-making authority. Development regulations for the Agricultural Overlay is included in Chapter 17.38 (Overlay Zones and Other Special Planning Areas). (Code 1980, § 17.114.050; Ord.No. 855, § 4, 2012) Article Vill Form -Based Code ClhiaIpteir IIII in't iir oductiain GhaIIIater 11 T 1128 For iiirnIII,,,,, a ,,,,, d Zaines IIIhi . III iir, uir�u ° , uir�u Illfiiii IIII IIII IIII uir�u �'° , uir�u , uir� 29 IIIN��u� . III t iir, Illfiiii a iiii IIII iii uir�u Illl�iiiiiiiii°uir�u° uir , uir�u iiiu Illf°° IIIhi aIII ° " uir, IF")W[ilkit Qpein SIIpace IIIhi aIII ° uir, IIII aind Use Staindairds IIIhi aIII ° uir, IIII wirge Siite Staindairds I IIIIIIIIIIII IIIIII IIIII M r III ��ro d u III III o iri 1� 17.126 .12 �� wirIllpose Article VIII of the Rancho Cucamonga Municipal Code The purpose of the FBC is to implement the General Plan, (RCMC)shall be known as the Form-Based Code or FBC. specifically the General Plan's vision for higher intensity, walkable, mixed-use districts, centers, corridors, and 1"""' "' neighborhoods. The specific purpose and intent of each " ���"'� ��� � Illf" III g p p p The Rancho Cucamonga General Plan(General Plan)is the zone is established in chapter 17.128 (Form-Based Zones). policy document that provides an overall vision, policy 1 , III III lll Ica ica II„I III I„Idirection, and implementation strategy to support future development in Rancho Cucamonga. The General Plan A. This article applies to all proposed development organizes the city into districts, centers, corridors, and within form-based zones as identified on the Zoning neighborhoods, with an overall vision for greater Map. walkability centered around nodes of activity. The FBC B. If there is a conflict between the standards of this implements the General Plan's vision and policy direction article and the standards in another article of this for key areas of the City. title, this article supersedes, unless otherwise noted. The Form-Based Code, adopted as article VIII of title 17 C. If there is a conflict between standards within the (Development Code), establishes place-based standards sections of this article, unless otherwise noted, the for certain areas of Rancho Cucamonga. The FBC most restrictive standard supersedes. represents an alternative to a conventional zoning code's D. Where this article is silent or does not provide an approach to the way the built environment is regulated. explicit provision, the other articles of this title apply. The definition of a Form-Based Code is as follows: E. Projects required to adhere to the standards "Form-Based Codes foster predictable built results in this article shall be reviewed and approved and a high-quality public realm by using physical consistent with article II (Land Use and Development form (rather than separation of uses) as the Procedures). organizing principle for the code. These codes are adopted into city or county law as regulations, 1 17.126 050 Stiructuirel:: tlh e not mere guidelines. Form-Based Codes are an I,yI llf"Ilf Based II,,,i i alternative to conventional zoning." The following provides a brief overview of the overall -Form-Based Codes Institute structure of article VIII (Form-Based Code). Unlike conventional, use-based codes, FBCs utilize the A. Chapter 17.126: Introduction. This chapter intended form and character of a neighborhood rather introduces the Form-based Code(FBC), provides an than use as the organizing framework of the code. FBCs overview of FBCs, and includes an illustrative address the relationship between building facades and explanation of how to use and apply the FBC to a the public realm(i.e., sidewalk, street),the form and mass typical development review application. of buildings in relation to one another, and the scale and types of buildings and blocks. Regulations and standards B. Chapter 17.128: Form-Based Zones. This chapter in a FBC are presented graphically in diagrams and provides an overview of the FBC zones and the photographs as well as supplemental text. These purpose statements of each FBC zone. standards are keyed to a plan(i.e., a Regulating Plan)that C. Chapter 17.130: Zone and Building Standards. functions like a zoning map, assigning an appropriate This chapter establishes the purpose and intent of form and scale through the application of form-based the building type standards, standards that are zones to specific lots. While FBCs focus on an intended applicable to all zones and building types, a physical form,they also regulate use by allowing a mix of description of each building type, and objective appropriate land uses chosen to ensure compatibility development standards associated with each type. among different contexts and the intended physical form of the area. FBCs transform commercial corridors and centers into vibrant, mixed-use areas where residents can live, work, and play within close walking distance. 0 iir,C rRNYQ 10CUC M iNCM D. Chapter 17.132: Building Entrances and Facades. This chapter establishes the purpose and intent of the building entrance and facade type standards, a description of each building entrance and facade type, and objective development standards associated with each type. E. Chapter 17.134: Public Open Space. This chapter establishes the purpose and intent of the public open space standards, a description of each public open space type, and objective development standards associated with each type. F. Chapter 17.136: Land Use Standards. This chapter establishes the land uses allowed in each form-based zone and any necessary specific use standards. G. Chapter 17.138: Large Site Development. This chapter provides requirements for large site development including applicability, intent and design review requirements. This chapter establishes block size and connectivity standards. I C ..I.. 0 111 ii ii,..ii0 CUCNVIG14GAit sir iii ir,:�iii ii ..I.. Figure 17.126.060 (Steps to Use the Form-Based Code) provides a general overview of how to use the FBC. For specific information and to review all necessary permit procedures and application requirements, please refer to article II (Land Use and Development Procedures). Ir,igui e 17.126.060 tees to L.Ise the Ir,,oirrrl Based Code • • • ,�� U u�lluuuuullllimuum ������°F wm F OIL) Sites< 3 acres Sites> 3 acres ' V ® MIN I I � � i mm • m 1 e 6 ® 6 .1d�!® - ®�i[ a e � tl �®11d • • • , • m i I C III""'III°"'C IRNYQh 10 CUCAM MCM1 III 9,IIL.. III IIIC 11191,III °"'III°° CCIIII YI11111111 3 ri,iis Ilaage its intentionally left II^olaink 4 II C I4..I Y 0 III ii1401: D CUCNVIG14GA I cai��)ill pppppp o000000 000io Zoirws UOo0000o Ifl� V 0000i p1�, Sulm0000 000iui o� IIIflIV 17.128 1 111") IIP � f lF IIP°IIn D. Mixed Employment 1 (ME1). Medium intensity III development focused on walkable professional Based Zanes office and employment uses. Buildings front streets The form-based zones are organized from lowest to and transition areas from auto-oriented office parks to highest intensity, and each is named to describe its general mixed-use, vibrant hubs of activity. form and function(neighborhoods, centers,corridors, and E. Mixed Employment 2 (ME2). Medium to high districts). The FBC includes a neighborhood form- based intensity development focused on professional zone that builds on the neighborhood designations office, creative industrial and maker spaces, and established in the Etiwanda Heights Neighborhood and employment uses along active, walkable streets. Conservation Plan (i.e., Neighborhood Estates, Buildings front streets and corridors with tall ground Neighborhood General 1 and Neighborhood General 2). floors that support a mix of uses, entrances, and The intent of each form-based zone is as follows: facades. A. Neighborhood Estates 2 (NE2). Low density F. Corridor 1 (C01). Medium intensity mixed-use residential development comprised of large homes on development that transitions existing auto-oriented large lots, with large setbacks and yards. Buildings are corridors and places to vibrant areas that promote low intensity, yet neighborhoods and blocks are walkability. Building and entrance/facade types are design to promote connectivity and traditional diverse, contributing to a mix of distinct places along neighborhood design. Uses are mostly single-family major corridor areas. Buildings front streets and residential, with context-sensitive neighborhood transition in scale to surrounding neighborhoods commercial and civic uses also allowed in certain with some auto-oriented development along locations, such as neighborhood edges and at secondary streets. designated nodes within new master planned G. Corridor 2 (CO2). Medium to high intensity mixed- neighborhoods. use development along active, walkable corridors B. Neighborhood General 3 (NG3). Medium density and at key intersections. Buildings front streets and and intensity development along certain segments transition in scale to surrounding neighborhoods and nodes of major corridors in proximity to with some transitional auto-oriented development smaller-scale residential neighborhoods. Buildings along secondary streets. promote walkability and contribute to active, vibrant H. Center 2 (CE2). Mixed-use urban areas with environments while being context-sensitive by pedestrian-friendly commercial and residential hubs transitioning scale when adjacent to lower density and infill development along vibrant public spaces neighborhoods. Uses provide a range of daily needs that promote walkability. Buildings transition in scale within walkable suburban neighborhoods, with (i.e., step up or step down) to surrounding some transitional auto-oriented development in neighborhoods, centers, and districts. Developments outlying areas. support safe streets for pedestrians and cyclists. C. Center 1 (CE1). Active, vibrant town centers that promote walkability with neighborhood-serving commercial and retail uses in proximity to medium density residential development. Buildings front streets and provide a vibrant, safe street environment for pedestrians and cyclists. 0 iir,C rRNYQ 10CUC M iW iir iir iiiCiir iii iir C iir iir 17.128 020 Overview ,1 III° iriin Based " ii Table 17.128.020-1 provides an overview of each form- Subzones limit land uses in certain areas where the form- based zone. See chapter 17.130 (Zone and Building based zone is applied to support the implementation of Standards) for specific standards for each form-based the General Plan land use mix provisions and better align zone. Subzones are established for two form-based zones. with existing conditions and intended outcomes. e o o e e e ����III� illllluui�iiii mi�iuiuu ui um uuuui m� ui uuiiioiuuuui� luui i ulf ui�ui Vuiui a miuui ui Vuu m�� �uii�uiui�� � � III �� � .�W u m� �u uuuiiiii u Neighborhood General Subzone None 3 Limited (NG3L) (limits None None non-residential uses) ....... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. .................. Large frontage area/ Small to medium Small frontage area/ Small to large frontage build-to lines frontage area/ build-to lines area/buVVd-to Vines buVVd-to Vines ...... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ................. Heights up to 3 stories Heights up to 3 stories Heights up to 4 stories Heights up to 5 stories Desired ...... ............. ............. ............. ............. ............. ............. ............. Form Moderate Interconnected street Douse-scale buildings, Compact and connected intensity mixed- network, Vow intensity low intensity environment, medium use development, development development intensity development transitions in scale to adjacent neighborhoods ....... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ................. Medium density residential mixed-use Commercial and with ground floor retail mixed-use Single-family commercial and retail buildings with a mix of Professional office employment with a residential, some activity with a mix of residential and non- context appropriate uses on upper stories. residential uses on mix of supporting General Use context Some auto- neighborhood Subzone: Medium upper stories. Medium oriented uses if the serving commercial densityresidential, density residential and scale and character or civic uses. allows neighborhood moderate intensity g is appropriate. serving commercial neighborhood-serving and limited auto- commercial uses. oriented uses ....... ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ............. ................. General Neighborhood Corridor Traditional Office Employment F'Ir� NeV hborhood Traditional Town Center Neighborhood g District Designation Center (Subzone) 6 I C14,..I.. 0III R Il 11 ll0 CUCNVIG14GA m COIII�Ir IIIIIIIII OEM Center 2 Limited Subzone None None None (CE2L)(limits non- residential uses) .................................................................................................................................................................................................................................................................... Small frontage area/ Small frontage area/ Small frontage area/ Small frontage area/ build-to lines build-to lines build-to lines build-to lines ..................................................................................................................................................................................................................................... Heights up to 5 stories Heights up to 5 stories Heights up to 7 stories Heights up to 12 stories Desired .................................................................................................................................................................................................................................... For Walkable Transitional environment, environment, mixed- Walkable environment, Walkable environment, maker spaces, use and block-scale block-scale buildings, block-scale buildings, high moderate intensity buildings, moderate moderate to high intensity development development, block- intensity development intensity development scale building ............................................................................................................................................................................................................................................................................................................. Ground floor commercial Moderate density and retail activity with a residential with a High density residential mix of commercial and Professional mix of commercial with a mix of commercial residential uses on upper office, business, and retail activity at and retail activity at key stories. High density service, and key intersections. nodes. Higher density and residential and civic uses. General Use creative industrial Medium to high intensity uses transition to Subzone: Predominately uses in proximity intensity uses act to lower intensity urban areas moderate and high to walkable, transition to lower nearby such as moderately density residential uses urban areas. intensity suburban sclaed mixed use, multi- in proximity to walkable, neighborhoods family, and employment adjacent to the districts and centers. urban areas with a corridor. focus on residential serving retail uses. ............................................................................................................................................................................................................................................................................................................ General City Center Plan 21st Century City Corridor City Corridor High Employment District Moderate Urban Neighborhood Designation (subzone) ..................................................................................................................................................................................................................................................................... Ol"ll'Y Olr: l`Z Ill YQl 10 CUCAM W-M COillYl I °7 ri,iis Ilaage its intentionally left II^olaink 8 �I C I4..I Y 0 III ii1401: D CUCNVIG14GA I cai��)ill :'J 1 7 �130 Zoirie airid Stairida�rds 17.130 � liif° � � liilii B. Sloping Lots. Areas within the hillside overlay zone ��� lii The purpose of this chapter is to establish standards for and any properties with an eight percent slope or all building types within the form-based zones. The greater are subject to limitations and review. See standards provide a range of development options that sections 17.52.020 (Establishment of slope zoning establish a predictable framework to implement limitations) and 17.16.140 (Hillside development context-based walkable areas. The building types also review). support a variety of uses, as allowed by the zone (e.g., C. Development Site. the"multiplex" building type may include residential uses, 1. If an applicant proposes multiple principal retail/commercial uses, professional offices, creative buildings on a single lot, the proposal must industrial/maker spaces, or others as allowed in the zone) divide the lot into development sites to (see chapter 17.136 (Land Use Standards)). demonstrate compliance with this chapter, regardless of whether or how the lot is intended 1 7. l l 111 111 a l illllllll-ty to be subdivided. A. This chapter applies to all projects for which this 2. Development site, lots, and lot lines shall be article applies. considered synonymous with properties and B. If there is a conflict between the provisions of the property lines as defined and used in this Code. building standards and the standards for the form- D. Building Entrances, Facades, and Open Space. based zones in this chapter, the building standards Building entrance, facade, and public open space supersede over any applicable form-based zone types must be incorporated on a building and/or standards. development site consistent with chapters 17.132 C. If there is a conflict between the provisions of chapter (Building Entrances and Facades) and 17.134 (Open 17.132 (Building Entrances and Facades) and the Space). standards in this chapter, the building entrances and E. Objective Design Standards. Projects subject to the facades standards supersede over any applicable provisions of this section must also comply with article building and zone standards. VII (Design Standards and Guidelines). D. If there is a conflict between the provisions of article F. Ground Floor Depth. All buildings subject to this VII (Objective Design Standards and Guidelines)and article shall be developed with a minimum ground the standards of this chapter, the provisions of this floor depth of 30 feet. article supersede. G. Alternative to Required Placement Standards. E. The development of civic, public facilities (including One or more active private frontage amenities, public education), transportation, communications, in compliance with the standards below, may be and/or infrastructure facilities is exempt from this substituted, in part, for the building placement in chapter. private frontage areas required in Table 17.130.050-1 (Required Build-to Line, Height, and Frontage Area), 1 17.130 l l 111 ica ll Ille -to 111 111 so long as they do not obstruct the open pedestrian oines connection between the building's primary entrance This section applies to all zones listed in this chapter. and the sidewalk. Allowed alternative active private frontage amenities are limited to: A. Building Types. Table 17.130.060-1 (Allowed Building Types by Zone) specifies the allowed building types 1. Accessory outdoor dining, provided the outdoor by form-based zone. Building types not listed are not dining is: allowed in that zone. The standards for each building a. Accessory to a permitted use; type are included in this chapter.All building types are b. Separated from the public right-of-way only also subject to the standards in Table 17.130.050- 1 with planters, shrubs, or approved fencing (Required Build-To Line, Height, and Frontage Area). with a maximum height of 42 inches; and c. Only allowed to replace up to a maximum 35 percent of the building facade requirement. 0 iir,U rRNYQ 10 CUC M iW iir Oiir iiiUiir iii iir Oiir iir J. Interior Side and Rear Facade. 2. Merchandise display and sales, provided that the display and sales area is: 1. When abutting a multi-family or mixed-use a. Associated with a permitted use; and zone with a lower maximum allowed density or height, the third story and above must be set b. Only replaces up to a maximum 15 percent back a minimum 20 feet from the property line or of the building facade requirement. a minimum six feet front the ground floor side or H. Structured Parking Levels Facing the Right- of- rear facade, whichever is greater. Way. Where ground level structured parking 2. When abutting a single-family residential zone, occupies more than 30 percent of a building facade the third story and above must be set back a facing a right-of-way or paseo, the finished floor of minimum 30 feet from the property line or a the parking level must be a minimum four vertical minimum eight feet front the ground floor side or feet below the finished grade at the building facade. rear facade, whichever is greater(see diagram). I L ..J ..... ..... u Parking ti - Min.4 ft I I. Lined Structures. Where buildings are designed ' with uses directly abutting or"lining" or"wrapping" 3rd story must be placed a min. distance fromproperty line OR stepped back from the ground floor. above-ground parking structures, the portions of structured parking facing a street or paseo must be: K. Massing Adjacent to Lower-Density Residential. 1. Limited to 30 percent of the building facade; and; 1. Building facade planes abutting aform-based 2. Either set back a minimum five feet from the zone with a lower maximum allowed density may building facade; screened with a living wall; or not exceed 48 feet in length without a break of designed with punched openings to simulate minimum 6 feet in depth and 10 feet in length. habitable space. Min.5 ft min., ..........i 6 ft Min, loft O L Form-based zone with ne X Max.48 ft Rawer O density L LU fY "Liner" I s� . _ ._I . _._ . _ . _ .I Structure - . . ................................... J 10 CI4..I.. Gi ii ii,..iii0 CUCNAGNGA m 0iii it 2. Building facade planes facing a residential zone 2. When a building facade exceeds 75 feet in length may not exceed 40 feet in length without a break along a right of way, it must be separated into of minimum 10 feet in depth and 10 feet in length. facade bays no greater than 50 feet in width defined by a recess a minimum of three feet in depth and at least one of the following strategies: Alin. a. Change in roof parapet height or shape; 10 f' b. Change in roof form; or c. Change in building height with a minimum Min, 10 ftlof eight-foot difference. __ _ °..ry,,... Building facades>75 ft. Max.40 ft I Residential I Max.s0 ft. Zone .......-------- ------------ ........................ DEF/ uuu L. Vertical Articulation. __.__ -_-= r11 11- — �11 nn _�-- �f^-�- I � LJ�!�] Ilfl �� U�YLI 1. Building fagades up to 75 feet in length along a �� �� r right-of-way must incorporate at least one of the L following: ii - Min.3 ft. a. Window bays a minimum 30 inches in depth � Change in parapet height or shape; from building facade; Chage in roof form;or Min.8 ft.change in building height b. Recesses a minimum three feet in depth from building facade; or M. Corner Treatment. Accentuate building massing at c. Balconies. street intersections with at least one of the following elements. -.. Building facades<75 ft. 1. A tower or dome element at least 80 square feet - in area; 2. A decorative parapet; �I r 3. A rounded corner with enhanced transparency;4. Bay windows within six feet of the building corner; or _ 5. Other measure identified in the General Plan v__- � _ � � � Placemaking Toolkit. Min.30 in.; N. Ground Floor Entrances. Min.3 ft.recess;or Balconies 1. All entrances to non-residential ground floor uses i must face and be visible and accessible from the primary right-of-way . 2. Street-facing non-residential building fagades must incorporate at least one ground floor entrance per 80 linear feet. 3. Any shared or individual entrance to residential unit must be a minimum eight horizontal feet from any entrances to non-residential uses. Ciii iir, Oiir ilr YQl 10 CCC M iN(3Aiir iir iiiCiir iii iir COiir iir I l°l O. Privacy. P. Required Ground Floor Transparency.A minimum 50 percent of commercial ground floor street-facing 1. Balconies, decks and other habitable outdoor facades between 2 and 7 feet in height shall be spaces are not allowed on upper-story fagades transparent window surface. Opaque, reflective, or or roofs abutting residential zones. dark tinted glass is not allowed. 2. Windows to primary living spaces within 10 feet of and facing an interior side setback must: a. Be a minimum 30-degree angle measured I - ,I __ line; 7 ft perpendicular to the adjacent side setback p ���� d� w °� „� ,ti, ,II „ NN u �, �in.SG7rYr, P u Transparency - ave a minimum sill height of 42 inches i from the finished floor; or4 ._ a 004� LJ c. Use permanently translucent or "frosted" max 12 ft E glazing. Q. Shade. Shade producing frontages, such as awnings, arcades, and galleries, are required on southern and � ,�ireaa^�itN7un 1oft g g western facing building facades of non-residential or of Interior Side mixed-use buildings. Setback { 1 1 Min.30-deg er Min.30-degree 3 angles rain.sill angle,mini.sill height*fg'',or height 42'or opaque glazing M ogagtueglazing F { i i 1 I C Il..I.. 0III ii iip..iiD CLICNAG14GAit sir iii..O ir:�iii ii ii m ai )it 17.13 0 040 SqlpIllpllleiinwintalll -to viii. Personal Services III °°°° b. The requirement applies only to the uses This section applies to all zones listed in this chapter. or portion of the building fronting Foothill Where identified on the Zoning Map, form-based zones Boulevard or Haven Avenue. are subject to the following additional standards and c. Uses that are allowed in the base zone, and restrictions which supersede the base zone requirements. not listed above, are allowed on upper A. Cucamonga Station Area Overlay. When applied stories or behind an allowed ground floor on the Zoning Map, the Station Area Overlay modifies retail, restaurant, or personal service use. the base zone standards as follows: 2. Corridor Fronting Commercial Ground Floor 1. FAR (Max.): 3.0 for an individual development Use Required. site, maximum 2.0 average FAR for the Overlay a. Properties designated with a Corridor Area Fronting Commercial Ground Floor Use 2. Density (min.): 60 Du/Ac designation must not be developed with 3. Use Mix Requirements: Projects within this Zone residential units on the first or ground floor must be developed with minimum 50% non- fronting Foothill Boulevard or Haven Avenue. residential uses. b. Allowed uses are limited to any non- 4. Allowed land uses: In addition to the uses residential use that is allowed in the base allowed in the base zone, the following uses are zone. permitted by right: c. Residential uses are allowed on upper stories a. Park and Ride Facility or behind ground floor non-residential uses. b. Parking Facility 3. Corridor Fronting Non-Residential Ground c. Transit Facility Floor Use Required. 5. Ground Floor Use: Projects within 1/4 mile of the a. Properties designated with a Corridor Metrolink station must comply with the ground Fronting Non-Residential Ground Floor Use floor use requirements of section 17.130.040.B.1, Required designation shall not be developed below. with residential units on the first or ground B. Corridor Fronting Ground Floor Use Restrictions. floor fronting Foothill Boulevard or Haven The following ground floor use requirements Avenue supersede the land use standards of this article. b. Uses associated with an on-site residential Building,facade, and entryway requirements by zone use, such as leasing office, community still apply. space, the work component of a live/work unit, gym for residents, child care space, 1. Corridor Fronting Retail Ground Floor Use communal work space, or project amenities Required. are allowed on the ground floor. All other a. Properties designated with a Corridor non-residential uses (e.g. office, retail, Fronting Retail Ground Floor Use designation restaurant, office, or service uses)allowed in must be developed with a ground floor retail, the base zone are allowed. restaurant, or personal service use as listed below that is also allowed in the base zone: i. Baii/I ghtclub ii. Grocery w to e/SUpermaiiket iii. Restaurant(all types) iv. Retaiil, Accessory v. Retail, General vi. Child Day Care Facility/Center vii. II...loteI Cil iir, ilr ilr iilYQl 10 CUC M iW iir iir iii iir iii iir C iir iir ° III �� ".1113 III e dllfll c -to Zoines This section establishes development standards that are parking setbacks. Development may be further limited by specific to each form-based zone. Standards specific to building type, as established in section 17.130.060 zones include those for density, intensity, frontage area, (Building Type Standards). overall building height, ground floor height, and surface ua I w LU iOf IIIIIIIII' t { 11I�tli !�I max. MI I min. I i _ m _.. ..—. _..J _.._.._ .�..—.._..J 000 STREET(FRONT) STREET(FRONT) �NIII� fix. rffih. Key Development Site Line L Private Frontage Area I I Building Footprint Build-to Line Allowed Parking Area Curb e o 0 0 • r r • e r � • e e e t Form-Based ones nd rd' tVE2 t�G3E1 E1 E2 �71 �72 CE2 i't I�m a 1, lm'f ji�i id 401100 Dwelling Units per Acre(Uulac)(min./max.) 0/8 0124 0130 18/30 24142 24142 35150 20150 in subzone 0.410.6 1.012.0 Floor Area Ratio(FAR)(min./max.) 010.4 0.210.4 in 0.210.5 0.411.0 0.411.0 0.411.0 0.511.5 0.210.4 in subzone subzone 101011 mmu mm 'f t lu Primary Build-to Line(max./min.) 40 ft./NA 5 ff.l15 ft. 0 ft.l10 ft. 5 ff.l20 ft. 5 ft.l15 ft. 0 ff.l15 ft. 0 ft.l15 ft. 0 ff.l10 ft. 30 fUNA 0 ft.l10 ft. 5 ft.l15 ft. 0 ft.l15 ft. m u NA 65%of 80%of 70%of 75%of 80%of 85%of 90%of III X 100 Min. Built Percenta�gge� of primary primary primary primary primary primary primary Primary Frontage VVdth Frontage frontage frontage frontage frontage frontage frontage width width width width width width width 14 L III I Y Ol lW401:°°°IIIO MCNVIGNGA 'f II' II II', lVI II III I C 0II' Il' o - o o - o o - o 0 I�VA 3d/ooF 3d/rat 3d/ooF 3d/rat 3d/ooF 3d/rat 4d/ooF x 100 Min. Built Percentage of secondary secondary secondary secondary secondary secondary secondary Secondary Frontage Width Frontage frontage frontage frontage frontage frontage frontage width width width width width width width o 0 o R r ! ............... • " r . • " " " Tin it tVE2 NG CE1 E1 E2 ��71 C 2 E2 m Ground Floor Residential Use (ruin.) 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Ground Floor Non-Residential Use(min.) 12 ft. 12 ft. 15 ft. 12 ft. 12 ft. 15 ft. 15 ft. 15 ft. m ................................................................................................................................................ . .. III Upper Floor Non-residential 9 ft 9.ft. 10 ft. 10 ft. 10 ft. 9 ft. 9 ft. 9 ft. Height (min.) ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Residential Finish Floor Elevation above d in. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. 30 in. Grade at Max.Build-to Line(min.) 36 in.max. Non-residential Finish Floor Elevation 18 in. 18 in. 12 in. 12 in. 12°°in. 12 in. 12 in. above Grade at Max.Build-to Line(max.) 18 in. IIIIIWITotal Stories(max.) 3 stories 3 stories 4 stories 5 stories 4 stories 4 stories 5 stories no maximum If located within a community activity 5 stories 5 stories 7 stories node, fronting Foothill Blvd or Haven Ave, or as approved consistent with chapter 17.138(Large Site Development) If adjacent to a lower density residential 3 stories 3 stories 4 stories zone Surface Parking, Front,or Street Side if 25 ft.from 30 ft. 50 ft. 40 ft. 40 ft. 40 ft. 40 ft. 50 ft. located on a Transit Priority Street building l�n facade Surface Parkin Street Side if not located 25 ft.from g, ( 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. on a Transit Priority Street) building IIII IIIII facade Notes: 1.The maximums allowed by zone may not be attainable due to limitations from other standards(e.g.,building and design standards)or unique site characteristics,such as lot size,trees,waterways,and steep slopes. 2. Maximum height in feet determined by building type,see Section 17.130.060. For properties within the Ontario Airport Land Use Compatibility Plan(OALCP),the maximum height is established in the OALCP.The OALCP standard supersedes the maximum height allowed in this Article. 3. Density and FAR are calculated individually.When there are multiple development sites on a single property,individual development sites may deviate from minimum or maximum standards so long as the total site average FAR and Du/AC are within established limits. ��� "'.° 111 yII ,,,, Standards are allowed in each form-based zone. Subsections A This section establishes the standards for building through G describe each building type and establish the types. Table 17.130.050-1 shows the building types that development standards specific to each. e o o ® o e Form-Based Zones ......................................................................................................[............. ........... .......................................................... ................... ..... ........................................................... Wld"ung Type Section E1 ME1 ME C�2 E2 Fourplex 17.130.060.A Attached Flex 17.130.060.E Main Street 17.130.060.0 Rowhouse 17.130.060.D Courtyard Building 17.130.060.E Multiplex 17.130.060.F Mid-Rise Building 17.130.060.E High-Rise Building 17.130.060.H Estate 17.130.060.11 0`1I`Y 0III"" IRNYQh 10 CUB M lNCM1111 : lall::: 111 111 lll'll all ""'III""' 1111111 "� Extra Large House 17.130.060.J Building l ype Allowed 16 L QI""I""Y GI 'R II II'°°°IID MCNVIGNGAII' II;I: II 0 IvjII III I C 0II': III A fourplex is a single two-story house-scale building with individual. Parking is provided in detached garages or four attached/stacked units. Building facades face the carports and accessed from a rear lane or alley. street and entrances to units may be either shared or LAME T r i K'4 .... ��NI� � I I � � rW twin va ............................--_____ STREET(FROMT) Key Illustrative example of one possible Fourplex configuration.Building shown with a porch — — development Site Line C.]Primary Structure U Common Open Space frontage and a detached shared garage structure - Setback Line Accessory StnuctUre -- Curb accessed from a rear lane. °IIIII Illl�ll �lilll II �� p�I171 lr� ,16r i llr ������ II�IIIII�IIIII���III�II�IIIIIIIIIIIIIIII I������Illllll NE2 NG3... ._._CE1..._... .._I�E1..........._.... ......................CO.......................C.0�.......................C.E2........._ Primary Building(All Attached Units) Bill Iliiii'� r'^ Width Max.60 ft ..... Wdth ' IIIIII ................................................................................................................................................................................................................................................................................................................................... �lmi�� Min,60'Ft,Max 100.E Depth Max.60 ft 1. ................................................................................................................................................................. C Depth Min.90 ft Detached Garage il Mr�UMENEEMIM Area Max.800 sq ft total for detached garages PrimaryBuilding(All Attached Units) ....................................................................................................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................................................................................................... Maximum Dimension (in Build-to-Lines See Table 17.130.060-1 any direction) 40 ft ........................................................................................................................................ .................................................................................................................................................... Interior Side Yard Setback Min. 10%of lot width ........................................................................................................................................................................................................................................................................................................................................... Rear Yard Setback None Individual Entrances Must face the primary ........................................................................................................................................................................................................................................................................................................................................... Frontage area Accessary Structures Must Face a private Interior Side Setback Min.3 ft Shared Entrances frontage area ore walkway .......................................................................................................................................................................................................................................................................................................................................... leading directly to a Rear Setback None private Frontage area ........................................................................................................................................................................................................................................................................................................................................... Building Separation Min 10 ft Rear Lane Required where possible Primary Building(All Attached Units) Maximum 50%of site To eave/top of parapet Max.22 ft IS „ x,,, .......................................................................................................................................................................................................................................................................................................................................... U�III IT Tar���m Sir Overall Max.30 ft Common Usable Min.300 sq ft ............................................................................................................................................................................................................................................................................................................................................ Open Space,Area ..................................................................................................................................................................... AccessoryStructures R Common Usable Open Space,Minimum Dimension 15 ft ...................................................................................................................................................................... Overall Max.1-story (in any direction) Ol"l'Y 011iii liMlYCl^^^1 CUB M I C'( III t IIII, III, CO�l I 7 „,,, The attached flex building type is a small to medium-sized by-side configuration. Attached flex also supports single- building that supports a mix of residential and/or non- ownership live/work buildings or mixed-use with ground residential uses in a range of building, entry and facade floor commercial and units on upper floors. Parking may forms. Individual units face the street in a side- be attached or detached and is accessed from a rear lane. LANE �''!�� lit,11 6 %j1i%i�i� - ��� --------------- Lu Lu STREET(FRONT) Key — — Development Site Line L_.1 Primary Structure Private open Space Illustrative example of one possible Attached Flex configuration. Two attached buildings shown with Setback Line Accessary Structure -- Curb storefront frontages and detached and surface parking accessed from a rear Pane. 3II�Mir �A � ���� NE2 NG3 CE1 ME1 ME2 C01 CO2 CE2 Primary Building(All Attached Units) Width Max. it;max 50 ft per attached hee d unit lu� Min.25 ft,32 ft on corner m"n Wdth lots;Max. 100 ft 0 Depth Max.60 ft .................................................................................................................................................................. Depth Min.75 ft Detached Garages . .. o x,,mmEMMINHEM Imp Width Max.Width of unit UU ......................................................................................................................................................................................................................................................................................................................................... Primary Building(All Attached Units) ii Depth Max.24 ft Build-to-Line See liable 17.130.060-1 .......................................................................................................................................................................................................................................................................................................................................... � 0 ft,Min.5 ft at end of row Nonresidential Entrances Must Face the private ill (Interior Side Yard Setbackfrontage area of attached buildings ......................................................................................................................................................................................................................................................................................................................................... Must Face a private Rear Yard Setback Min.5 ft Residential Entrances, frontage area ora walkway ............................................................................................................................................................................................................................................................................................................................................ Accessary Structures Shared or Individual leading directly to a private Frontage area ........................................................................................................................................................................................................................................................................................................................................... o Interior Side Setback None Rear Lane Required where possible ..........°'............................................................................................................................................................................................................................................................................................................................ Rear Setback None r ®� r��;;;;�, ......................................................................................................................................................................................................................................................................................................................................... ���UIUI UIW I UI 1 iUIU�UI IW Building Separation Min 8 ft Maximum 75%of site IViZ U UIU I�ti l Ear a� ���w( �� V��E�I Primary Building(All Attached Units) ........................................................................................................................................................................... Common Usable para To eaveltop of pet Max.35 ft Open Space,Area Min. 100 sq ft per unit .......................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................... Overall Max.42 ft Common Usable Open Space,Minimum Dimension loft Accessary Structures (in any direction) Overall Max.1-story 18 1 QlL.I.. III 'RX"401: 0 MCNIVIGNGA 0IP, III II III""I” IN IN limp St iir ,,, The Main Street building type is a medium-sized structure corners to enhance walkability. Parking is located to the that fosters a continuous walkable pedestrian rear of buildings, and abutting Main Street building types environment. The ground floor supports active retail and are encouraged to share parking facilities. restaurant spaces with shopfront frontages that wrap ......... ....... .. ..... I SHARED gARKING ______--� _____---- u / ULI �. STREET(FRONT) Key Illustrative example of one possible Main Street — — Development Site Line L..__..J Primary Structure configuration. Two attached buildings shown with Setback Line Curb storefront frontages and shared surface parking at the rear of the Jot. NE2 NG3 CE1 ME1 ME2 Col Cod CEO Wdth Max.180 ft ........................................................................................................................................................................................................................................................................................................................................... Depth Max.100 ft Width Min.25 ft,Max. 180 ft ua mr ua ........................................................................................................................................................................................................................................................................................................................... Depth Min.65 ft Entrances Must Face the p vate frontage area ill U ill iW UIUIl ill Main Street Frontages Build-to-Line See Table 17.130.060-1 exceeding 150 ft in width must ......................................................................................................................................................................................................................................................................................................................................... Required Paseos be interrupted by a paseo Interior Side Yard Setback None that connects the Frontage .......................................................................................................................................................................................................................................................................................................................................... area to the parking area. Rear Yard Setback Min.S ft .......................... To eaveltop of parapet Max.36 ft Overall Max.40 ft III III III's' III" JII IIh 10 CLJCAM I t'f III I.IIL.. III III III''I,III .....IIL.... III III "� Duu Fm 111 ,,,, Rowhouse buildings are composed of two to eight and city corridors, near a neighborhood center, or within attached individual rowhouse units with individual entries a mixed-use zone. Parking may be located on the ground along the street frontage and ground-level private open floor of the primary structure or in detached garages space for each unit. Rowhouses support higher at the rear of the development site. Vehicular access is residential densities at a neighborhood-scale and are provided from an alley or a shared internal drive aisle. typically located along medium-intensity neighborhood This type is also known as Townhouse. LANE OR SHARED DRIVE AISLE a—____ __—_--w ___—.-------- _____. -----.-_ --- ....... ............ ............ . ...........®..... .. c STREET(FRONT) Key — — Development Site tine ( .1 Primary Structure Curb Illustrative example of one Rowhouse configuration.A row Setback Line Private Open Space of four units shown with stoop frontages;attached, individual garages accessed from a rear lane or shared drive aisle;and at-grade private open space for each unit. II�I��IvIII��I�lEEMEMEEM iiilu I (IIIIIII liili� I F. �, �, I I IIIIIIIIIIII dll liiiiiltllluvvlduh IIVdIIIIIV vvvl�vvv Q���' .1 �u ul Gi�uu�ul viol Z i NE2 NG3 CE1 ME1 ME2 C01 Cot CE2 Primary Building(Row of Attached Units) a r^ !�;r Wdth IVlax.240 ft .................. ����� Width Min.60 ft,Max.250 ft IIIIII� .Depth.............................................................................................................. .........Max. ......50...ft................................................................................................... I ... .......................................................................................................................................................................................................................................................................................................................................... ......................................................................................................................................................................................................................................................................................................................................... Depth Min.60 it Unit �U .�................................................................................................................................................................................................:........................................................................................................................ Width Max 30 Ft t ... Primary Building(All Attached Units) Detached Garages Build-to-Line See Table 17.130.060-1 Width Width of unit ....................................................................................................................................................................................................................................................................................................................................... Interior Side Yard Setback Min.5 Pt at end of row Depth Max.24 feet 712 of attached units ................................................................................................................................................................................ u r u Rear Yard Setback Min.5it ................................................................................................................................................................................................................................................ Individual Entrances Must Face the private Accessary Structures frontage area ........................................................................................................................................................................................................................................................................................................................................... Interior Side Setback None Rear Lane or Shared Driveway Required where possible ........................................................................................................................................................................................................................................................................................................................................... Rear Setback None ....................................................................................................................................................................................................................................................................................................................................... r ® rr Building separation Min. 10 ft UW U Maximum 75%of site I Vie UI UIUI Vi Mal U��Vi �W��UEMMMEEMEEM ���v U �DUI UiVi�g�UI Primary Building(Row of Attached Units) To eavelto of ara et max.32 ft u° Private Open Space,Area Min. 100 sq ft per unit pp p ........................................................................................................................................................................................................................................................................................................................................ ......................................................................................................................................................................... ....................................................................................................................................... Private Usable Open Space, Overall Max.40 ft p Minimum Dimension 8 ft Accessary structure (in any direction) Overall Max.1-sto ry 20 L QlL.I.. III 'RX401: 0 MCNVIGNGAIN II'' II IP, III II III""I" IN IN �' C IIII IIII ° 'iiii IIII III�II IIII IIII A courtyard building is comprised of multiple attached The shared courtyard is common open space and replaces and/or stacked dwelling units, accessed from one or more the need for private rear yards. This type is typically shared courtyards. Courtyard buildings are typically one- integrated into medium and high intensity walkable unit deep with individual entrances facing the shared neighborhoods and can be applied in non-residential courtyard. contexts. -------------------------------------------------------- LANE OR SHARED1 [ 1 AISLE C _.. ...�Nrvm�. / ✓ no ��� Cc STREET(FRONT) Key Illustrative example of one Courtyard configuration.All — — Development Site Line I Primary Structure Curb units are accessed from and face onto the common Setback Line L j Common Open Space open space and attached individual garages are accessed from a rear lane or shared drive aisle. 7� D Width Min.80 ft,Max. 136 it th IVlax.12Q ft .......................................................................................................................................................................................................................................................................................................................................... LW Depth Min.60 it entrances �1i��� �U SMEEMIMIMMIMME Entrances must factencourtyard or Build-to-Line See Table 17.130.060-1 private Frontage area .......................................................................................................................................................................................................................................................................................................................................... I' Interior Side Yard Setback Min. 8 ft ........................................................................................................................................................................................................................................................................................................................................... Rear Yard Setback Min. 10 it Width Min.25 ft,Max.50 it ..III.i.................................................................................................................................................................................. I �� �( �� Ym���� Depth Min.25 ft,Max.75�it �11On To eave/top of parapet Max.42 ft A courtyard may satisfy the open space requirement if the courtyard is .......................................................................................................................................................................................................................................................................................................................................... Overall Max.62 ft open and accessible to the public and is consistent with the applicable requirements in chapter 17.134 Public Open Space). u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 III, IRNYQh10 CCC A M 0 N t't AIIIIV 0III IIICIIII..,IIN`I C 2 1 A multiplex is a medium-sized building that typically Parking is accessed from a rear lane or side street where consists of five to 24 stacked units (more if consistent with possible and may be surface, detached, or attached. the base zone density), typically with one shared entry Attached parking may be in shared or individually secured and a double-loaded corridor configuration. Multiplexes garages. This type is scaled to fit within medium intensity may also take the form of stacked flats with individual walkable neighborhoods, corridors, and districts. entries to the exterior. LANE OR SHARED DRIVE AISLE jl - i t� IIIITI� f _.. STREET(FRONT) Key Illustrative example ofone Multiplex configuration with recessed entries and attached individual garages — Development Site Line I Primary Structure — Curb accessed from a rear lane or shared drive aisle.At-grade Setback Line I Common Open Space common open space is provided on-site and may be shared with other buildings. Primary Building(All Attached Units) " Wdth Max. 160 ft WdthIll Min.60 ft,Max. 176 ft ........................................................................................................................................................................................................................................................................................................................................ ..... . ... �� Depth x.ea ft .................................................................................................................................................................................. . . .. 12 Depth Min.60 ft IVla 11 ua rr ua fit �1 Build-to-Line See Table 17.130.060-1 Entrances Must face the p vate frontage area ........................................................................................................................................................................................................................................................................................................................................ ........................................................................................................................................................................................................................................................................................................................................... n Interior Side Yard Setback Min.8 ft Rear Lane Required where possible :............................................................................................................................................................................................................................................................................................................................ Rear Yard Setback Min. 10 ft 11�1 1 IS (��IUf11 I I M�r" (��� It���MEM MEME110= Maximum 75%of site ..........................�..o...e.aveltop....o.F...ara. .t.............................................�. X......4�....ft.............................................................................................................. ���xU1 � �I�( I 11 V S I I Overall Max.52 ft 11 x x x�_ x .......................................................................................................................................................................................................................................................................................................................................... Common Usable Open Space,Area Min.300 sq ft open ommon sa e en m, Space,Minimum Dimension 15 ft (in any direction) 22 L QlL.I.. III RN401: 0 MCNIVIGNGAIN II C II IP, III II III""I" IN IN Mld F 'llll A mid-rise building is a medium-intensity building intended On-site parking is typically structured and may be located to accommodate a mix of uses and is a primary underground, within a podium structure, or on the ground component of main street and corridor urban form.This floor. Where ground floor or above-ground structured type typically supports retail, service, or residential parking is provided on-site, it must be screened from view supportive uses on the ground floor and office or or"wrapped" as required in section 17.130.030.L, above. residential uses on upper floors. Mid-rise buildings can also accommodate single use development. Ell LU O 1 uaaM s Lu a STREET(FRONT') Key Illustrative example of one Mid-rise building configuration with _...._�. ----------------------------------------------------------------------------------------- storefront entries and units"wrapping"a central shared parking —.— Development Site Line ] Primary Structure Structured Parking structure accessed from a side street.Elevated common open Setback Line 1 Common Open Space Curb space is provided on the roof of the parking deck. ................................................ Width.......................................................................................................................................Min.150 ft,Max.400 ft r r, x,.. ® Depth Min.150 ft,Max.400 ft CorTlmon Usable Min.30 sq.it.per unit,in no IIII,,, II "" Open Space,Area case more than 2,000 sq ft. x �. .. o x,,mm m9 116R ,it,I,kV� ...................... ....................................................................................................................................................................................................................................................................................................... Common Usable Open Build-to-Line See Table 17.130.060-1 space,Minimum Dimension 20 ft I (in any direction)lnterior Side Yard Setback None _............................................................................................................................................................. u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Rear Yard Setback Min.10 ft III=IIW �U I �IIM I,,��RVISHEMENNEEM To eave(top of parapet Max.80 ft Overall Max.92 ft u ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii ii o III"I` IRNYQh 10 C U B A M 0 N C3 AIIII I,IIL.. III III III''I,III °"'III°° C 0III I III23 A high-rise building is a high-intensity building intended to On-site parking is typically structured and may be located accommodate a mix of uses and is a primary component underground, within a podium structure, or on the ground of corridor urban form. This type typically supports retail, floor. Where ground floor or above-ground structured service, or residential supportive uses on the ground floor parking is provided on-site, it must be screened from view and office or residential uses on upper floors. High-rise or"wrapped" as required in section 17.130.030.L, above. buildings can also accommodate single use development. __ _________ _________ _________ _ 0 ..... ... lip ............... LU LU a STREET(FRONT) Key illustrative example of one High-rise building configuration with storefront entries,a four-story podium,structured harking — Development Site Line _.1 Primary Structure Curb accessed from a side street,and towers above.Elevated common Setback Line Common Open Space open space is provided on the roof of the podium structure. IIIIIIII III IIIIIIII IIIIIII�IIIII IIIIIII IIIIIII IIIIIIII Ihllflll I III IIIIIII IIIIIII x , NE2 NG3 CE1 ME1 IVlE2 Col CO2 CE2 Width IVlax.4QQ ft mY� ��"� ���m�� i ,I�m Depth IVlax.3ya ft Ili^� Width Min.150 ft,Max.400ft .......................................................................................................................................................................................................................................................................................................................................... Lt Depth Min.150 ft,Max.400 ft �'I������ Common Usable Min.30 sq.ft.per unit,in no Open Space,Area case more than 3,000 sq ft. .........6. ................................................................................. ................................. ..... Common Usable Open Build-to-Line See Table17.13Q.(Y6Q-1 Space, Minimum Dimension 20ft ......................................................................................................................................................................................................................................................................................................................................... (in any direction) Interior Side Yard Setback None Rear Yard Setback Min.10 ft x �. �. No Maximum u o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 L Ql..I""Y GI R II Ilh°°IIIO MCNVIGNGAIN II C II 0 IP, III II III I C 0IN IN Iminnnnistate The standards of this section apply to the Estate Building Type. ...................... ................ ............... Oil ............. ............. ........... 171.1 '711,111 Key pirrin,-I�ary Imass Property Uiie Open Sjp,,ace NEB q73 G3 CE1 ME1 ME2 Cot CO2 CE2 Primar y mass _ _JM ........................... V\Adth Max.40 ft V\Adth Min. 100 ft,(corner Depth Max.30 ft lotsadd 15'to min.) ...................................................................................................................................................................................................................................................................................................................................... n....................................................................................................................................................................................................................................................................................................................... Wing(s) DepthMin.120 ft ......................................................................................................................................................................................................................................................................................................................................... :lillipgm; IIIIIIIIIIIIIIIi, V\Adth Max.20 ft I q F II ii,1: ME= OEM Depth(front wing) Max.20 ft Primarybuilding ......................................................................................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................................ Secondary building(s) Build-to-Line See Table 17.130.060-1 .......................... ...................................................................................................................................................................................................................................................................... ........................................................................................................................................................................................................................................................................................................................ V\Adth Max.30 ft Interior Side Yard Setback Min. 15%of lot width ................................. .. ................................................................................... ........................................................................................................................................................ Depth Max.30 ft lillill Rear Yard Setback Min.30 ft ...................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................................................................... Depth Max.36 ft Secondary building ...................................................................................................................................................................................................................................................................................................................................... Primary/Secondary Behind Primary building .... ......................................................................................................................................................................................................................................................................................................................... Maximum 25%o f site iInterior Side Yard Setback Min.10 ft ..................................Rear Yard Setback Min 5 ft w/rear lane III,!Ell MTIrjIIEII=IIINIHHHM� Min.10 ft w/o rear lane Private Usable Open Space,Area Min.25%of the site ............... DistanceBetween Buildings Min.20 ft ........................... .............................................................................................................................................................................................................................................................................. Private Usable Open Space, Minimum Dimension 30 ft an direction) T (in a ..................................................................................... .............................. ....................................................................................................................................................................................................................................................................................................................................... III`1l`YIII"RNYQh 10 C U C A M 0 N C3 IIIV 0III IIIIIII IIN`l" C 0III III25 A. Site Organization / Massing 1. Garages are Secondary Buildings, and may face I " any direction. 2. Utility connections should be located in a rear I � lane or drainage easement and placed underground. I I, B. Open Space 1. Yard area is required for outdoor living, dining and play. Spanish Revival house with a port cochere. C. Access 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear lane or driveway from the street. 3. Port cocheres are permitted. 4. Circular Drives are permitted. ' D. Garages and Driveways, 1. Maximum exterior width: 50% of lot width 2. Garages may be attached or detached 3. Circular Drives, where applicable, require a Circular drives can provide drop-offs or access to garages, minimum 45' Primary setback from Property as long as garage setback of 25' from front of primary Line to building face. Circular drives require an mass is maintained. inner green half-circle, differentiating the drive from the rest of the front yard,which shall be no less than 60'wide and with a depth at least 1/2 � �(�;I' the width. i I 1 Corner lot fronts each street with balanced architectural expressions on each facade. 26 C °°I°°Y 0 R I Cl 0 CUC IIUG m Ca )r tier liar ,,,, The standards of this section apply to the Extra Large House Building Type. m „a .o uil w ,Ww a y. " " Key pirrlw-rrary Imasps Property L.i m'i Open Sjp,,ace NEB NG3 CE1 IVIE1 IVIE2 CO1 Cot CE2 Primary mass .......................................................................................................................................................................................................................................................................................................................................... ��a' r Vydth Max.40 ft IIIIIIIIIII III IIIIIII IIIIIII IIIIIII I Ilhllll IIIIIII IMrll I IIIII II�IIIIIIIII IIIII II(IIIIIII IIIIIII V\Adth Min.80'Ft,Max. 100 ft Depth Max.30 ft d ....................................................................................................................................................................................................................................................................................................................... Wing(s) DepthMin.120 ft .......................................................................................................................................................................................................................................................................................................................................... Width Max.20 ft Depth(front wing) Max.20 ft Primarybuilding .......................................................................................................................................................................................................................................................................................................................................... ......................................................................................................................................................................................................................................................................................................................................... secondary building(s) Build-to-Line See Table 17.130.060-1 ..................................................................................................................................................................................................... ..................................................................................................................................... ..................................................................................................................................................................................................................................................................................................................................... Width Max.30 ft IInterior Side Yard Setback Min. 15%of lot width ......................................................................................................................................................................................................................................................................................................................................... ....� ��...�.. Depth Max.30 ft g;pl Rear Yard Setback Min.30 ft ........................................................................................................................................................................................................................................................................................................................................... ......................................................................................................................................................................................................................................................................................................................................... Depth Max.36 ft Secondary building ........................................................................................................................................................................................................................................................................................................................................ Primary/Secondary Behind Primary building ......................................................................................................................................................................................................................................................................................................................................... Maximum 30%otsite Interior Side Yard Setback Min.10 ft Rear Yard Setback Min.5.�wl rear lane m� mom ME Min.10 ft w/o rear lane Private Usable Open Space,Area Min.25%of the site .......................... ... . ...................... Distance Between Buildins Min.20..ft .......................................................................... 9 Private Usable Open Space, x , Minimum Dimension 30 ft W W � (in an......................y direction............................................................................................................................................................................................................................................................................. To eaveltop of parapet IVlax.24 ft .....................................................................................����������������������������������������������������������������������������������������������� Overall IVlax.36 ft III III, III's' IIIII JII IIh 10 CUB A M 0 N t'f AV 0III III (III II III, (II III 27 P- ilia 0. ��OI a2 I A. Site Organization / Massing 1. Garages are Secondary Buildings, and may face any direction. ` 1' 2. Utility connections should be located in a rear o �, lane or drainage easement and placed underground. wd B. Open Space 1. Yard area is required for outdoor living, dining and play. Articulating separate roofs on different masses helps to breakdown the size of a large house. C. Access 1. The primary entrance shall be located in the front. 2. Vehicular access to garages may be via a rear I lane or driveway from the street. I 3. Port cocheres are permitted. I 4. Circular Drives are permitted. D. Garages and Driveways 1. Maximum exterior width: 50% of lot width �. 2. Garages may be attached or detached 3. Circular Drives, where applicable, require a minimum 45' Primary setback from Property A gabled, projecting front wing, a balcony and a raised Line to building face. Circular drives require an porch on the front facade all contribute to the privacy of inner green half-circle, differentiating the drive the front entrance of this home. from the rest of the front yard,which shall be no ,,,Offi/,io% less than 60'wide and with a depth at least 1/2 ;i the width. i/ J��� !�i`"�'�`�'�� M�;�era„�`.,�„"x,,W✓'r„"� %/iii%/��� j f; Houses on Large Lots can provide front drives to garages behind the primary mass. 28 C ..I..Y 0 14 ii,..ii0 C UC VIG it Yir iii.. �ir:�iiiU ii ii m cai )it 0`1�`Y �RNYQ�10 CUCAMO�MCM CO���Y�11111111 �� 29 IIU IIIIIIIIIIII lol 3 2 1�I,HIHIHI3 I III irIi g I�E i rI r ql I C s I q l 1�����'acades „1II II ,.1113 II ,1110 A. Building Entrance and Facade Types. Table The purpose of this chapter is to establish standards 17.132.030-1 (Allowed Building Entrance and Facade for all building entrances and facades within the form- Types by Zone) specifies the allowed building entrance and facade types by zone. Building entrance based zones. Building entrances and facades are the and facade types not listed are not allowed in that components of a building's private frontage that define the transition to the public frontage (i.e., the street and zone. The standards for each building entrance and sidewalk). These standards supplement the standards for facade type are included in this chapter. each form-based zone where the building entrance and B. Minimum Building Entrance and Facade Type facade types are allowed. They ensure that development Required. Projects subject to the requirements establishes or reinforces the character and scale of the of this article must provide at least one building city's districts, centers, corridors, and neighborhoods. entrance and facade type on each primary and secondary building facade selected from the types „1II II ,.111 32. �� � �{a allowed in the zone. IIII IIII II��IIII' ' A. This chapter applies to all projects subject to this C. Encroachments and Projections. article. The standards in this chapter must be 1. The encroachment and projection standards of considered in combination with the standards in the section 17.34.040.E (Allowed Encroachments or applicable zone (see chapter 17.130 (Zone and Projections Into Required Yards) apply, except Building Standards)). when in conflict with this section. B. If there is a conflict between the standards of this 2. Architectural elements, including balconies, bay chapter and those of another article of this title, this windows, eaves, and chimneys may project chapter supersedes, unless otherwise noted. maximum distance of 3 feet into required yards, C. The development of public facilities, including public provided they remain a minimum 2 feet from the education), transportation, communications, and/or development site line. infrastructure facilities is exempt from this Chapter. 3. If there is a conflict between the encroachment Imo. and projection standards of Sections 17.132.040, „1II II ,.111 32. 30 17.132.050, and 17.132.060 and other sections in This subsection applies to all building entrances and this title, this chapter supersedes. facades listed in this section. Form-Based Zones Neighb. Mixed Mixed Building Entrance Section Neighb. Genera13 Centerl Employment Employment Corridor Corridor Center2 and Facade Type testate 2 Zone(NG3) Zone(CE1) 1 Zone(ME1) 2 Zone(ME2) Zone(Co1) Zone(CC2) Zone(CE2) Small Front Yard and 17.132.040 Porch,Stoop Variations Shopfront and Gallery, Arcade,Terrace,and 17.132.050 Recessed Variations Forecourt 17.132.060 Building Cnflrance and Facade l ype Allowed 30 L Ol""I""Y GI IR II401: D CUCNVIGNGAIII II;I: II IVjII III I C 0III: IIII '1II"132 040 Sirnaill I 'Ii aII I' ' A. Small Front Yard Yard and IIII°� aiircllli and Stoqj1p Vairiatilans The small front yard building entrance and facade type may include a small, elevated or at-grade garden located in the frontage area, often enclosed by a low wall located i near the property line(s). Without an enclosed front yard, either the yard or the front entrance must be elevated by a minimum of 18 inches. Small front yards may also IY include a porch or stoop variation. All small front yards and variations must be consistent with the general standards apply general , below. Where a variation is used, the standards for porch P I or stoopa I In addition to the standards. If; „ i�lllui ui ulVm uuui�ilii ulllll uuui dllliu ihuflu i IIVdIIIIIV uiiiii uuui Section NE2 *NG �E� IVIE1 ME2 col Cot CE2 mi Height,Wall at Frontage 3 ft. Height,Planter/Fence 3 ft. Height, Elevated Yard 3 ft. ....... ...... ......... ........ .............................................................. ......... .......... Gradingon Front Yard 0.5% 5% ® Ground Floor Above Grade 18 in. 3 ft. at Building Frontage ......... ........ ....... ......... ........ ........ ......... .......... Clear distance to ' 2ft'development site line ......... .... ... ... .... .... .... .... Depth ... (not including stairs) 6 ft. ® � ... ... 2 lime Wdth 10 ft. Plan ®. A� — � Height Clear 8 ft. 12 ft. ........................................................................................................................................................................................................................................................................................................................................ ® [I Depth(not including stairs) 4 ft. 8 ft. ............................................................................................................................................................................................................................................................................................................. ®� li 'IN depth, Entry Recession 6 in. 6ft. m. .......................................................................................................... ................................................................................................................................................................................................. iea Wdth 4 ft. 8 ft. Height,Above Grade 18 in. r , Example of small front yard 0`1I`Y I" Il llh 10 CUB M l CM 3 1 B. Small Front Yard with C. Small Front Yard with Porch Variation Stoop Variation I I t I � �C �C IIIIIII�'°7��� Section Section i I � I � I Plan i Plan q' it fr �' r Example of small front yard with porch variation Example of small front yard with stoop variation 32 L III""I""Y GI 'R II II'°°°IID MCNVIGNGAII' II;I II 0 IVjII III I C 0II' III '1II7.'III3 Illi� Iir Ilia' ' Ills , A. Shopfront ���� III ° IIII IIII °° III , Airicade, °°III eirrace, ands IIlRecess Vairiatilans The shopfront entrance and facade type includes a large opening in the facade at or near the sidewalk, enclosed with doors and fenestration in a storefront assembly.The primary entrance provides direct access to the ground floor use(s). The required architectural I elements comprising the storefront are transparentm im windows and doors, transom windows, and a solid shopfront base. Optional elements include awnings, ��" cantilevered shed roof or canopy, signage, lighting, and III' IIIIII, cornices. The shopfront can be used in conjunction with a gallery, arcade, terrace, and/or recessed variation. All shopfronts and variations must be consistent with the general standards below. Where a variation is used, those Plan standards apply in addition to the general standards. ;NE!i=E1 ME2 *ft. 6 CEO Height Clear,Top �Gp�mu. ft oFTransom a Width otShopfront Bay(s) 10 ft. 25 ft. .... 70% 90% Ground Floo ......... Transparency, ......... ......... ......... ......... ......... ......... ......... ......... ......... i Depth 4 ft. ® ... .... .... .... .... ..... U a ��m Setback From Curb 2 ft. Po a. Height,Clear, Bottom ® a IIIIIIIIIIII ft. 1ft. of Projection 0 r Height Clear 12 ft. 15 ft.... ... i M ����� 1°� Depth, Facade to Interior Column Face 12 ft. 16 ft. Section ........................................................................................................................................................................................................................................................................................ � 2 ft. 5 ft. 0 Setback from Curb 4 times 5 times U Column Height column column width width ......... ......... ......... ......... ......... .II�I� Length 150 ft. a u Distance Between U ....I... Access Points ' J 75 ft. Depth 8 ft .................................................................. Max.3 ft.higher or lower than the adjacent �— sidewalk or Public Open Grade Average Space.Walls may extend ' g an additional 2 ff.in height.Fence/railing height per California Building Code(CBC). r Depth 16 ft. �2 wdtn,Bay(s) 16 ft. 25 ft. Example of shopfront 0`1I`Y I" Il llh 10 C U B A M 0 N C3 A 9,111 NA11191,111 ""'III""' C 0III III33 B. Shopfront with Arcade Variation C. Shopfront with Gallery Variation 1 � 0 0 1 Plan Plan .4 uum„.■ ................... ■ ■ Section Section f � l J Example of shopfront with arcade variation Example of shopfront with gallery variation 4 L QI""I""Y GI 'R II401: D CUCNVIG'4GAII' II;I II 0 IVjII III I C 0II' III D. Shopfront with Terrace Variation E. Shopfront with Recess Variation r � Plan Plan A { o 1 Section Section LAW 1 u � 6 w ( Fs Iunw a, % ✓ i n g Example of shopfront with terrace variation Example of shopfront with recess variation crry op' " IIIH CUCAMONGA 111191,111 ""'III""' IIIIII35 A. Forecourt This building entrance and facade type a large opening in the facade at or near the sidewalk with a portion (usually ) the center portion) set back, creating a courtyard space. The space is typically used as an entry court, shared garden area, or additional shopping or restaurant seating area. The forecourt can be used in conjunction with a range of land uses and must be consistent with the standards below. 77M IWiE1 ME2 col CO2 CE2 .. 110 Width 15 ft. ...................................................................................................................................................................................................................................................................................................... Depth 15 ft. - Plan ........................................................................................................................................................................................................................................................................................................ Ratio, Width-to-Height - 2:1 ........................................................................................................................................................................................................................................................................................................ C7 Transparency,Ground Floor 50% 90% ..... ....... ........ ............................................................. Ground Floor Above Grade None 3 ft. 1 at Building Frontage C f i Section N �pr t u i 1 n Example of forecourt L III""I""Y GI:::' 'M'401: D CUC&NIGNGAII' II;I III''° IIIII III""I" II' III 0`1�`Y �RNYQ�10 CUCAMO�MCM CO���Y�!!!! �� 37 IIU IIIIIIIIIIII IIU IIIIII lPulb��JIt Q�pei�ri S �pace IIIII 1"""' " 2. Formal. Public open spaces with a formal '���"� �� "� IIII Ill � lllf" � � iii III character must be designed in a more rigid layout The purpose of this chapter is to establish standards for that follows geometric forms and has trees and public open space types within the form-based zones. The standards in this chapter are intended to ensure that other elements arranged in formal patterns. publicly accessible open space is provided to reinforce 3. Informal. Open spaces with an informal walkable environments. Open space is a public benefit character must be designed to have a mix of intended for use by the general community and is distinct formal and natural characteristics. from private or common open areas typically required as D. Design Criteria. An area used for open space must part of a residential project. comply with the following: 1. Unless the land includes sensitive natural 117.134.020 1p�llplll ica bill III III' resources, a public open spa ce area must be This chapter applies to all projects subject to the readily accessible and usable. requirements of this article. The standards in this chapter 2. The area must be developed using any practical must be considered in combination with the standards combination of high-quality plant and hardscape in the applicable form-based zone (see chapter 17.130 materials such as bricks, stone, concrete, (Zone and Building Standards)). permeable paving, or tile. 3. The surface of the public open space must be 117.134.030 AI11pIllplll ica 11 Ill -to III III suitable for outdoor activities, such as a lawn or This subsection applies to all open space types listed in paving for designated activities. this section. 4. Seating areas and plazas must be located in areas A. Public Open Space Types. Table 17.134.030-1 with good solar exposure and wind protection. (Allowed Public Open Space Types by Zone) specifies 5. Public open spaces shall include benches or other the allowed open space types by form-based zone. seating. Amenities shall be included that enhance Public open space types not listed are not allowed in that the comfort, aesthetics, or usability of the space, zone. The standards for each open space type are for example trees and other landscaping, shade included in this chapter. structures, drinking fountains, water features, B. Minimum Open Space Required public art, trash receptacles, information kiosks, or performance areas. 1. Projects less than three acres in site size must E. Objective Design Standards. Projects subject to the provide open spaces as follows: provisions of this section must also comply with article a. All residential projects including 20 or more VII (Design Standards and Guidelines). units must provide a minimum of one open space type. b. All non-residential or mixed-use projects including two or more structures, or over 10,000 square feet of building space, must provide a minimum of one open space type. 2. All projects three acres or greater in total site area must provide at least two open space types. C. General Characteristics. 1. Natural. Public open spaces with natural character must be designed in a natural manner with no formal arrangement of elements. 38 I CI4..I.. Oiii ii ii...111O CUCNAG14GAit Oir iii..0 ir:�iiiU ii ii I Oi )it Form-Based Zone ..................................................................................................................................................................................................................................................................................................................................................................................................................... ................. .......................................................... ........ ................................................................................................................................. Open Space Neighb. Neighb. Center 1 Mixed m rxed Corridor 1 Corridor 2 Center 2 Type Section Estate 2 General 3 Zone(CE1) Employment E mpj oym ant Zone(C01) Zone(CO2) Zone(CE2) Z Zone(NG3) 1 Zone(ME1) 2 one(ME2) .......................................................................------------------------------------ ....................................................................... Town Square 17.134.040 0 0 0 ..........................................................................------------------........................................................................................... ......................................................................... Neighborhood 17.134.050 0 0, Park ..........................................................................------------------........................................................................................... ......................................................................... Neighborhood 17.134.060 Green ..........................................................................------------------........................................................................................... ......................................................................... Pocket Park 17.134.070 01 0 0 01 0 ..........................................................................------------------........................................................................................... ......................................................................... Paseo 17.134.080 0 0 .......................................................................................................................................................................................................................................................................................................................................................................................................................................................... Open Space lype Allowed III""'III""' III III"RNYQh 10 CUB IN COIII II11111111 39 A town square is a formal open space area with IL —� landscaping, hardscaping, and other amenities. A town square is located at the intersection of major streets or pedestrian paths, is a highly visible, and serves as a ppI flUIUIUIUIUIUIUIUIUIJI 4iIVVI I I I flUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIUIf JyU flUIUIUIUIUIUIUIUIUIUlUlU111 a gathering space, supporting civic and commercial activities such as farmers' markets,concerts, and art fairs. - E1_F_ I u �Ilia Ihuflu�IIVdIIIIIV ui"'�� , NE2 NG3 CEO iWiE� iWiE� Cog Cod CEO _F OEM � I�[HIS M- 1 Size Min.1.5 ac.,Max.2 ac. r' ......... ........ ....... ...... ..... ....... ......... .......... Context Must be defined on at least three sides by streets with sidewalks. i Access o Must wa be eCrosswalks required from orfinte�sections. �r-- directly� qrights Y q J 4 a Must include shade trees,other landscaping measures such as planted areas,turf area,and Landscape Around cover;a central hardscape area for events; p 11111�1��1111 and connected hardscape paths for convenient � and Design movement through the space. Landscaping and site design must create visually and functionally separate spaces,or"rooms,"within the square. ---------------------- Must include amenities such as benches,play structures,chairs,tables,and drinking foUn- Amenities tarns.May include structures such as gaze- bos,monuments,bandstands,and kiosks. `,%/T„ i it " r� rr')ili � f uu�r�uim�q u uk mirmr:.- t � �� puuulll, r t�oiG/��IrJNi� t u ' r �,�� it Examples of town squares. 40 L Ol""I""Y GI IR II II!°°°II0 MCNVIGNGAII' II;I II 0 IVjII III I C 0II' IIII '1II"' "'.1II 34 """ Il ,,,, liii III-i IIboiiirlll�-i o IIII°)aiirllll . A neighborhood park is a landscaped area for unstructured and structured recreation located central to a residential neighborhood. Neighborhood parks may include passive open areas, picnic areas, playgrounds, recreational fields, or other programming/event spaces. IVIEf IVIE2 �CP9 T- 0O2 CE2 n Q Size M 1 ' u r n.0.5 ac,Max.1.5 ac. � Context Must be defined on at least three sides by a street with sidewalks or a poses. Access Must be directly accessible From all abutting rights of way. Crosswalks required at major intersections. ff Must include shade trees and other landscapingL Landscape measures such as planted areas,turf area,and and Design ground cover. May include hardscape paths for convenient movement through the space. Must include amenities such as benches,chairs, tables,playgrounds,and drinking fountains. Amenities May provide active recreation Facilities such as soccerfields or basketball courts as well as small buildings such as youth but/clubhouse. .................................................................................... k Y iY f � r dti err �N n� �d r I r ,.�� ,��., r,a rz/l / ,.. - ,./..., i,., ✓i, ,,r,:r, �i/';f✓� U r,.v/ -ai�' rrr / +, it >;i �Examples of neighborhood parks. 0`1I`Y I" Il llh 10 CUB M INCMCOIII II11111111 4.1 '1II"' "'.1II 34 IlMellligIll�-iIlboiiirlll�-iood Green A neighborhood green is an informal small space within a neighborhood defined by streets, alleys, paseos, and/or � building frontages that accommodates passive recreation and children's play. While greens may include playgrounds,they are intended to be informal spaces with no dedicated recreational use. IIl1DlllI➢1111111111111111111111111111111111111111111111111111111111V 111111111�� ��µ I <<'f ��p�(((((lllll( IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Cot C E 2 Sze Min. � 0.25 ac.,Max.0.75 ac. ........................................................................................................................................................................................................................................................................................................................................... Context Must be defined on at least two sides by a street with sidewalks,an alley,or a poses. Access and Must be directly accessible From abutting rights of Frontages way.Adjacent buildings must Front onto the green. If ........ ..... ....... ....... ......... ...... ....... V.... ......... Landscape Must include shade trees and other and Design landscaping measures such as planted areas,turf area,and ground cover. .......................................................................................................................................................................................................................................................................................................................................... Typically designed as passive open space.May include community gardens,playgrounds, Amenities public art and amenities such as benches, """ chairs,tables,and drinking fountains. .......................................................................... � y rP F rI g ,ur,w 'W Examples of neighborhood greens. 42 L Ol""I""Y GI 'R II II'°°°II0 MCNVIGNGAII' II;I: II 0 IVjII III I C 0II'; IIII '1II 7.11134. "7 I11I)odIII ,,,, , IIII°)aiirllll . A pocket park is a small space tucked into a mid-block space interspersed within neighborhoods or urban areas. ------ L__J L.-__J --------- L. Pocket parks are generally intended for quiet, passive recreation and may include small gardens, open shelters, or other passive recreational amenities. fm........................ E L ..... ..... ...... NE2 NG3 cE1 ME1 ME2 col CO2 cE2 Size No min.,mix.0.25 ac. .... ..... ... ..... ....... ......... .......... Context Must be defined on one sides by a street with sidewalks or a oases. ......... ..... ... .... ...... ......... ......... Must be directly accessible From all El Access abutting rights-of-way and alleys. Landscape Must include landscaping measures such as d LIE LH and Design planted areas,turf area,and ground cover. May include amenities such as benches,chairs, Amenities tables,play structures,and drinking foUntains. J ='a ✓, V aJY i , Examples of pocket parks. 0`1I`Y I" Il llh 10 CUB M lNCMCOIII II11111111 4.3 '111� ��� ��� �� m � . mwr_�.n���n� m aseo A pa000 is a pedestrian way that provides mid-block �� | � connections. A pa000 should by employed in blocks '� �--� with large perimeters to enhance connectivity within | | neighborhoods, between residential and urban areas, and ............ ........... between open opa000, as well as to provide opportunities for passive recreational activities such as bicycling and jogging. Pa0000 also provide locations for store frontages, — patioo, or outdoor dining in appropriate areas. | | | ] L E El [I E [11,111,11,'' OWN- Context Must connect to streets with side- walks and/or alleys at both ends. Where paseos are aligned across adja- cent blocks,mid-block crosswalks are.re- Access qUired.AbUtting development may bUt is not reqUired to front onto the poses. Landscape MUSt inClUde reg Lila rly-spa ced trees and ri a continUOUS paved path or trail. tables,PUblic art,and drinking fOUntains. Amenities May inClUde amenities SUch as benches,chairs, Examples of paseos. 44 � CU I Y ��� �N401: D MCNVIGNGA ''VE� 0 �VjE'q I C 0�E � iii:::::iir:::, iir: iir Il llp:::::1 M iMCMiir: iir iii iir: iii :::::iir::: iir:Yir: I 4.6 IIU 7 '0 13 III Use StairWairds ��l IIIIIIIIIIII. toI 17.136 3. Conditionally permitted(C).A land use shown ��� ,"� Ilf°� Illf°III � w lllf III III III Il ca bill III Ily with a"C" indicates that the land use is permitted in the designated zone upon issuance of a A. This chapter establishes the land uses allowed in conditional use permit from the designated each form-based zone and any specific use standards approving authority, subject to compliance with necessary to implement walkable places. all applicable provisions of this title (e.g., B. The standards in article V(Specific Use Requirements). development standards) as well as state and apply to uses allowed in this chapter. federal law. C. Land uses are defined in chapter 17.32(Allowed Use 4. Not permitted (N). A land use shown with an Descriptions). "N" is not allowed in the applicable zone. D. The use regulations in section 17.130.040(Ground Additionally, uses not shown in the table are not Floor Use Requirements) supersede the permitted, except as otherwise provided in this requirements of this chapter. title. C. A project that includes two or more categories of 117.136 020 A111111owed1 aind Uses land use in the same building or on the same site is A. Allowed Uses. Table 17.136.020-1 (Permitted Land subject to the highest permit level required for any Uses in the Form-Based Zones) identifies the allowed individual use or single component of the project. land uses and corresponding permit and entitlement D. Regulations in chapter 17.30.020 (Classification of requirements in the form-based zones. Land Uses)apply to this chapter. B. Permit Requirements. A land use is either allowed by right, allowed through issuance of a conditional use permit, or not permitted. In addition to the requirements for planning permits or entitlements listed herein, other permits and entitlements may be required prior to establishment of the use (e.g., building permit or permits required by other agencies). The requirements for planning permits or entitlements identified in Table 17.136.020-1 (Permitted Land Uses in the Form-Based Zones) include: 1. Permitted (P). A land use shown with a "P" indicates that the land use is permitted by right in the designated zone, subject to compliance with all applicable provisions of this title (e.g., development standards)as well state and federal law. 2. Minor Use Permit(M).A land use shown with an "M" indicates that the land use is permitted in the designated zone upon issuance of a minor use permit from the designated approving authority, subject to compliance with all applicable provisions of this title (e.g., development standards) as well as state and federal law. 46 I C 14..I.. 0ll R 1401: 0 C UC iAG �it sir iii.. �ir:�iiiU ii ii m cai )it Form-Based Zone ................................................................................................................................................... Land Use NE-2 NG3L NG3 CE1 ME1 ME2 C01 CO2 CE2L CE2 Accessory Dwelling Unit P P P P P P P P P P ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Adult Day Care Home I I I I I I I I P P ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Caretaker Housing P P C C P P C C P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Dwelling, Multi-Family' N P P P P P P P P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Dwelling, Single-Family P N N N N N N N N N ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Dwelling, Two-Family P P P P N N N N N N ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Emergency Shelter N N N C P P P N N N ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Family Day Care Home P P P P P P P P P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Group Residential N P C C N C P P P P .......................................................................................................................................................................................................................................................................................................................................................................... ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Home Occupation I P P P P P P P P P P .......................................................................................................................................................................................................................................................................................................................................................................... ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Live-Work Facility N P P P P P P P P P ................................................................................................................................................................................................................................. Residential Care Facility N P P P P P P P P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Residential Care Home P P P P P P P P P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Single-Room Occupancy Facility N N N N N N N P P P ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Supportive Housing P P P P P P P P P P ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Transitional Housing P P P P P P P P P P ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Low Barrier Navigation Center N P P P P P P P P P IiII111111111 III I III III IIII II 1511 ill ill "I IIII II III1III1II1iiii iiiiiiiii I IIII1111111,111111111ill III 1111111q iii Animal Keeping 3 M/P M/P M/P M/P M/P M/P M/P M/P M/P M/P .............................................................................................................................................................................. ............. ............... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Microscale Agriculture N N I I I I I I I I Assembly Use N I I P P P I I I P ............................................................................................................................................................................................................................................................................................................................. ......................................................................................... ................................................................................................................................................................................................................................................................................................... Community Center/Civic Use N N I I I I I I I I ................................................................................................................................................................................................................................. ....................................................... Community Garden P P P N N N N N N N ........................................................................................................................................................................................................................................................................................................................................................................... ............................................................................................................................................... ............................................... .................................................................................................................................................... Convention Center N N N I I I I I N I ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ............................................... ............................................... .................................................................................................................................................... Indoor Amusement/ N N N P I I P P I P Entertainment Facility ................................................................................................................................................................................................................................. ........................................................................................................................................ ............................................... ............................................... ....................................................................................................................................................................................................................................................... Indoor Fitness and Sports Facility— N I C I I I I I I I Large ................................................................................................................................................................................................................................. ........................................................ Indoor Fitness and Sports Facility— N P P I P P P P P P Small Library and Museum N P P P P P P P ...................................................................................................................................................................................................................... ....................................................... ey P Permitted C Conditional Use Permit I Minor Use Permit IN Not permitted Cl"I'Y Olr: IMI40i 10 CUCAM II C: COIIIYIIII I 4.7 ® 0 0 e e Form-Based Zane Land Use NE®2 NG3L NG3 S 1 ME1 ME2 C01 CO2 S 2L S 2 PENN ..: �� .. Outdoor Commercial Recreation N C M M M M M M C C .................................................................................................................................................................................................................................. ........................................................ Park and Public Plaza P P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Public Safety Facility M M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ Schaal, Academic (Private) M M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ School, Academic (Public) P P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Schaal, College/university (Private) N M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ School, College/university (Public) N M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ Schools, Specialized Education N M M M M M M M M M and Training/Studio .................................................................................................................................................................................................................................. ........................................................ Theaters and Auditoriums N N N N M M M P M P .................................................................................................................................................................................................................................. ........................................................ Tutoring Center—Large N N M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ Tutoring Center—Small N P P P P P P P P P Broadcasting and Recording Studios N N N N P P P P M M .................................................................................................................................................................................................................................. ........................................................ Park and Bide Facility N N N N M M M N N N .................................................................................................................................................................................................................................. ........................................................ Parking Facility N N C C C C C C N N .................................................................................................................................................................................................................................. ........................................................ Transit Facility N N N N C C C C C C .................................................................................................................................................................................................................................. ........................................................ Utility Facility and Infrastructure— P P P P P P P P P P Pipelines 4 Adult Day Care Facility N M M N M M M N M M .................................................................................................................................................................................................................................. ........................................................ Ambulance Service N M M M M M M N N N .................................................................................................................................................................................................................................. ........................................................ Animal Sales and Grooming N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Banks and Financial Services N P P P P P P P P P .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Business Support Services N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Check Cashing Business 5 N N N N P P P P N N .................................................................................................................................................................................................................................. ........................................................ Child Day Care Facility/Center N M M P M M M M M P .................................................................................................................................................................................................................................. ........................................................ Motel N N M M M M M M M Kennel, Commercial N N N N N M M N N Key P Permitted C Conditional use Permit Minor use Permit N Not permitted 4 I C I4..I.. ll 14 ii,..il O C uC IVIG it sir iii.. �ir:�iii ii ii m cal)it ® 0 0 e e Form-Based Zane Land Use NE-2 NG3L NG3 S 1 ME1 ME2 C01 CO2 S 2L S 2 MM No In Maintenance and Repair, N N N N N P P P N N Small Equipment .................................................................................................................................................................................................................................. ........................................................ Massage Establishment ' N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Massage Establishment, Ancillary ' N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Medical Services, Extended Care N N N N P P P M M M .................................................................................................................................................................................................................................. ........................................................ Medical Services, General N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Medical Services, Hospitals N N N C C C M M C C .................................................................................................................................................................................................................................. ........................................................ Mortuary/Funeral Horne N N M N M M M N N N .................................................................................................................................................................................................................................. ........................................................ Office, Business and Professional N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Office, Accessary N P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Pawnshop' N N N N N N M M N N .................................................................................................................................................................................................................................. ........................................................ Personal Services M P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Tattoo Shop 5 N PTV PTV PTV PTV PTV M M M M .................................................................................................................................................................................................................................. ........................................................ Veterinary Facility N P P M M M P M M M Alcoholic Beverage Sales N C M M M M71-7 M .................................................................................................................................................................................................................................. ............................. Bar/Nightclub N C M M M M M .................................................................................................................................................................................................................................. .............................. Consignment Store N M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ Convenience Store N P P P P P P P N P .................................................................................................................................................................................................................................. ........................................................ Drive-In and Drive-Through N C C N N N C8 C8 N N Sales and Service 8 .................................................................................................................................................................................................................................. ........................................................ EV Showroom and Indoor Sales N C C P M M P P P P .................................................................................................................................................................................................................................. ........................................................ EV Showroom and Outdoor Sales N N N C C _P p p C p .................................................................................................................................................................................................................................. ........................................................ Feed and Tack Stare N N P N N N N N N N .................................................................................................................................................................................................................................. ........................................................ Garden Center/Plant Nursery N C P P P P P P C P .................................................................................................................................................................................................................................. ........................................................ Grocery Store/Supermarket M P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Hookah Shop N I PTV PTV PTV PTV M M M M .................................................................................................................................................................................................................................. ........................................................ Horne Improvement Supply Store P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Liquor Store N M M M M M M M M M Mobile Food Vehicles P P Key P Permitted C Conditional Use Permit Minor Use Permit N Not permitted iii:::::iir:::, iir: iir I40I 10 C C M IYCMiir: iir iii iir: iii :::::iir::: C iiIIYIr: I 4.9 e 0 0 e e Form-Based Zane Land Use NE-2 NG3L NG3 S 1 ME1 ME2 SC31 CO2 S 2L S 2 II NMI III In Restaurant, No Liquor Service M P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Restaurant, Beer and Wine M P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Restaurant, Full Liquor Service C M M M M M M M M M .................................................................................................................................................................................................................................. ........................................................ Retail,Accessary P P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Retail, General M P P P P P P P P P .................................................................................................................................................................................................................................. ........................................................ Retail, Warehouse Club N N N N N P P P N N .................................................................................................................................................................................................................................. ........................................................ Secondhand Dealer N P P N N N P N P P .................................................................................................................................................................................................................................. ........................................................ Smoke Shop 5 N N N N N N M M M M .................................................................................................................................................................................................................................. ........................................................ Thrift Store 5 N P P P P P P P N P Auto Parts Sales N C NN N NC C N N .................................................................................................................................................................................................................................. ........................................................ Car Washing and Detailing N C N N N C C N N N .................................................................................................................................................................................................................................. ........................................................ Service Stations N C N N C C C C N N .................................................................................................................................................................................................................................. ........................................................ Vehicle Services, Minor N M M N M M N N N N Maker Space/Accessary Maker Space N N N N M P M M N N .................................................................................................................................................................................................................................. ........................................................ Manufacturing, Custom N N N N C P N N N N .................................................................................................................................................................................................................................. ........................................................ Manufacturing, Fond Processing N N N N N C N N N N .................................................................................................................................................................................................................................. ........................................................ Manufacturing, Green Technology N N N N C P N N N N .................................................................................................................................................................................................................................. ........................................................ Manufacturing, Light-Small N N N N M P N N N N .................................................................................................................................................................................................................................. ........................................................ Manufacturing, Light-Large N N N N N C N N N N .................................................................................................................................................................................................................................. ........................................................ Microbrewery N N N M M M M M h� N .................................................................................................................................................................................................................................. ........................................................ Printing and Publishing N N N N N C N N N N Research and Development N N N N P P N N N Notes 1 See additional regulations for ground floor uses in section 17.130.040. 2 See additional regulations for home occupations in chapter 17.92. 3 See additional regulations for animal keeping in chapter 17.88. 4 Utility facilities and infrastructure involving hazardous or volatile gas and/or liquid pipeline development require approval of a conditional use permit. 5 See additional regulations for special regulated uses in chapter 17.102. 6 See additional regulations for drive-in and drive-through facilities in chapter 17.90. 7 Massage establishment permit required. See additional regulations for massage establishments in chapter 5.18. 8 Allowed with a conditional use permit only on sites with frontage on an auto priority street as defined in the General Plan. Key P Permitted C Conditional Use Permit Minor Use Permit 0 I C14..I.. ll ii ii,..ilO CUCNAGNGA m N Not permitted iii:::::iir:::, iir: iir Il llp:::::1 M iMCM 5 ..I.. 0 ii ii,..iiD CUCNVIG14GA 1 7 13 8 1� mim 000000io m Sl�[te 000 m m �i ro mu m 17.138 ,1 Ilf°� irll a i d 1 7. Review � i 111°)iroceduires Ill 111 lll ica bill III III , D. Design Review. Development proposals must A. Purpose. This chapter establishes standards for sites receive major design review approval in compliance that are three acres or larger in size in order to create with article II (Land Use and Development new, interconnected places and neighborhoods and Procedures)and the requirements of this chapter. to reinforce walkable urban environments developed E. Requirements. In addition to the application and with a mix of residential, retail, entertainment, office, project component requirements for Major Design civic, and service uses within a compact, pedestrian- Review of article II (Land Use and Development friendly, and transit-supportive environment. Procedures), applicants must: B. Intent. The intent of this chapter is to: 1. Layout a block and thoroughfare network that 1. Promote development patterns that support safe, connects to adjacent neighborhoods and/or effective, and multi-modal transportation options, corridor areas and is in compliance with section including pedestrian, bicycle, automobile, and 17.138.030 (Site and Block Configurations); public transit; 2. Sites greater than six acres must provide a 2. Provide opportunities for automobile-oriented minimum of three building types, which are contexts to transform in walkable environments. allowed in the zone, in compliance with section 3. Reduce vehicle traffic and support transit by 17.130.060 (Building Type Standards). providing for a mixture of land uses, 3. Comply with the public open space standards in interconnected block and street networks, and chapter 17.134 (Open Space); compact community form; 4. Design the project with appropriate building types 4. Establish neighborhoods with a variety of to create a physical transition in massing and housing types to serve the needs of a diverse scale to the surrounding areas, consistent with population, the standards in chapter 17.130 and section 5. Promote the greater health benefits of walkable 17.138.030.D, below; and environments; and 5. Identify the proposed blocks and thoroughfares, open space types, and building types on a project 6. Improve the physical character and quality site plan, consistent with section 17.138.020.0 of the general neighborhood and adjacent (project Site Plan). neighborhoods. C. Applicability. F. Project Site Plan. 1. These standards apply to development sites 1. The project site plan must include the following information: three acres or larger in size when any of the following are proposed: a. Site boundaries; a. New or modified vehicular access to the site; b. Existing and proposed blocks; b. New development or construction; or c. Proposed development sites; c. An addition to existing building greater than d. Existing and proposed thoroughfares, 50 percent of the existing gross floor area. including alleys; 2. Exception. Applicants for projects in the ME2 e. Existing and proposed pedestrian and zone for which a master plan is prepared subject bicycle connections; to the requirements and approval procedures of f. Existing and proposed open space(s); and Section 17.22.020(Master Plan) may request an g. Existing zone(s). exemption from one or more of the requirements 2. The project site plan is subject to the review and of this Article,subject to city council approval. approval of the planning commission. If a project site plan is approved with a master plan, the project is approved by the city council. 0 iir,U rRNYQ 10 CUC M iNCMiir Oiir iiiUiir iii iir COiir iir 17.138 030 Site a li d Blllodllk II " G. Block Size. �III ir �IIII� III®I�IW II � u�ll�I = �Ili�umi la ' III II 1. Individual block faces and the total block Neighborhood500 ft. 1,600 ft. perimeter shall meet the standards established in 0eneral 3 (Fi103) Table 17.138.030-1 (Block Size). Center 1 (CE1) 400 ft. 1,400 ft. 2. If a block contains multiple zones, the most Mixed intense zone shall be used to establish the Employment 500 ft. 2,000 ft. requirements for block size. 1 ( 1) 3. Blocks may be irregularly shaped (i.e., non- Mixed rectangular) provided they are still in compliance Employment 500 ft. 2,000 ft. with the standards in Table 17.138.030-1 (Block 2(M 2) Size). Corridor 1 (C01) 500 ft. 2,000 ft. 4. Blocks may exceed the maximum allowed face Corridor 2 (CO2) 500 ft. 2,000 ft. length if a paseo is included, in compliance with Center 2 (CE2) 400 ft. 1,400 ft. section 17.134.090 (Paseo) and as follows: H. Thoroughfares. Public or private thoroughfares a. Paseos must cut through the entire block; define the publicly accessible circulation network b. Blocks must comply with maximum that refines large sites into more interconnected perimeter requirements; environments. They provide multiple routes for c. The maximum face length distance on either vehicular, bicycle, and pedestrian circulation. side of the paseo may not exceed the 1. Design. maximum in Table 17.138.030-1 (Block Size); a. Thoroughfares (public or private) must and comply with City standards and be designed d. Only one paseo per block as public streets. b. Drive aisles do not constitute a thoroughfare and do not satisfy the requirements of this section. c. Thoroughfares within the project must be designed in a manner that is appropriate to their context, with the various elements of the right-of-way (e.g. travel lanes, sidewalk dimensions, etc.) balanced with the land uses and public frontages along the thoroughfare. Therefore, along the length of the thoroughfare, if the context changes, the design of the thoroughfare, especially with regard to pedestrian amenities, must also change. d. All required thoroughfares shall include: i. A landscape buffer between the right-of- way and frontage road; ii. At least one lane of on-street parking, either angled or parallel,that includes a minimum of two EV stations installed per block; iii. A recommended sidewalk width of 8 feet minimum; and' iv. A recommended lane width of 10 feet minimum 4 C 14,..I.. 0III R II II II0 CUCNAG14GA m a1 )Ir e. The requirements for a frontage road is be reviewed and approved by the Fire at the discretion of the Director of Marshal. Engineering Services. f. The design of proposed new thoroughfares(public or private)shall �� ��\\VAV�NII�kiwn� la'l�@q� � �1111�pN�9" �u�110111111�� ISM In Ml�\N�ON;��urunmvri�uelYft6��\ e nin�nxn�;��Vu 1e�0.°�a.�a Sidewalk Parking Travel Lane Travel Lane Parking Sidewalk Example of a thoroughfare Rear Lane Paseo I,-- -----J -----_1 I------------ ----- ---- ------ ; -------- ------- ------- -------- X1+ X2 = Block length z Block permimeter=2'Y+2(X,+X2) X1+X2 may not exceed 150% of the maximum block length iil iir, ilr lRNY011 10 C U C A M 0 N C A lr)l" it 0 iir il\4l! it C 0 iir iir 2. Multiway/Frontage Road Design. height, massing, and scale from corridors to adjacent residential neighborhoods, the following standards a. Where project sites or development sites apply. exceed 500 feet along any right-of-way, a frontage road is required. 1. For projects with a lot depth 800 feet or greater b. All required frontage roads shall include: which share a side or rear lot line with a zone with a lower maximum density or height limit, the i. A landscape buffer between the right-of- following standards apply: way and frontage road; a. Single-Family Adjacent: The maximum ii. At least one lane of on-street parking, height for buildings which share the lot line is either angled or parallel, that is EV Ready the maximum allowed by the building type or along the length of the frontage road; and one story above the maximum allowed height of the adjacent zone, whichever is iii. A sidewalk a minimum of 8 feet in width. If less. Corridor Fronting Retail or Commercial b. Multi-Family Adjacent: The maximum height Uses are required per Section 17.130.040, the sidewalk minimum shall be 12 feet in for buildings which share the lot line is the width. maximum allowed by the building type or two c. The requirements for a frontage road is at stories above the maximum height of the the discretion of the Director of Engineering adjacent zone, whichever is less. Services. 2. Additional building types that are not permitted in the base zone are allowed subject to a d. The design of proposed new conditional use permit if the proposed building multiways/frontage roads shall be reviewed types are determined to be compatible in size and approved by the Fire Marshal. and scale to the adjacent lower intensity zone. 3. External Connectivity. a. Thoroughfares must be arranged to connect from existing or proposed thoroughfares into adjoining properties whether the Residential adjoining properties are undeveloped and Zane intended for future development, or if the adjoining lands are developed and include Area ofmduced opportunities for the connections. max building height b. Thoroughfare rights-of-way must be extended to or located along adjoining property boundaries to provide a roadway connection or thoroughfare stub for development in compliance with the standards in subsection A(Block Size). Lot depth c. The project site plan must identify all stub >800 ft .......................................................................................................... -- -y- - I streets for thoroughfares and include a notation that all stub streets must connect C with future thoroughfares on adjoining property. __ ......._1 d. Cul-de-sacs are not allowed. I. Transitions. To facilitate a transition in building asC 14..I.. 0ll ii ii,..ii0 CiLiCNAG14GAit sir iii.. �ir: iii ii iii m iii)it A. Required Non-Residential Use. Non-residential uses must occupy a minimum percent of the project square footage as established in Table 17.138.030- 2 (Non-Residential Use Mix). Non-residential uses provided in compliance with Subsection 17.130.040(B) Corridor Fronting Ground Floor Use Restrictions may count toward the minimum requirement. Ee P REROM I iiiiiim® io iiiiiiiiiiiiiiiiiillillilillillillillicM= Corridor 1 (C01) 20%. Corridor 2 (CO2) 20% Center 1 (C61) 33% Center 2 (C62)* 33% *Does not apply to the Limited subzone Ciii:::::iir:::,U iir: iir II CIIp:::::1 CUC M iNCMiir: iir iiiCiir: iii :::::iir::: C iir:: iir: 7 58 I C14..I III ii ii,..iiD CUCNVIG14GA ARTICLE IX. GLOSSARY Chapter 17.140 UNIVERSAL Ct:SAL,DEFINITIONS' 17.140.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that are general in nature. (Code 1980, § 17.126.010; Ord.No. 855, § 4, 2012) 17.140.020 Universal definitions. Abutting means having lot lines or zone boundaries in common. Accessory dwelling unit. See Unit, accessory dwelling. Accessory structure. See Structure, accessory. Accessory use. See Use, accessory. Addition means any construction which increases the size of a building or facility in terms of site coverage,height, length,width, or gross floor area. Adjacent means any lot, structure, zone, etc.that shares a property line with another lot, structure, zone, etc. Agent means any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner. Agriculture means the use of land for farming, dairying,pasteurizing and grazing,horticulture, floriculture,viticulture, apiaries, or animal and poultry husbandry, and including accessory activities but not limited to storage,harvesting,feeding, or maintenance of equipment, excluding stockyards, slaughtering, or commercial food processing. Alley means a public thoroughfare,not exceeding 30 feet in width for the use of pedestrians and/or vehicles,producing only a secondary means of access to the abutting property. Allowed use. See Use, allowed. Alteration means any construction or physical change in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure. Alternative energy system. See Energy system, alternative. Barn. Any building that is built and used for the purpose of animal-keeping, sheltering/housing of animals; storage of equipment,materials, and food used associated with the care of animals; and storage/parking of trailers used for the transportation of animals, and that will not be built and used for the purpose of storing/parking of automobiles,recreational vehicles (RVs), and/or off-road vehicles that are unrelated to the transportation of animals. Base density means the number of dwelling units allowed on the receiving site under the property's current zoning without the use of residential development credits. Base district. See District, base. Basement means a portion of building partly or wholly underground and having more than one-half of its height below the average level of the adjoining ground. Block means the area of land bounded by streets,highways, or railroad rights-of-way, except alleys. Building means any structure built for the support, shelter, or enclosure of persons, animals, fowls, chattels, or personal property of any kind. Building height means the vertical distance, excluding foundations or understructures,between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as,but not limited to, chimneys, antennas, elevators, and similar mechanical equipment. Building official means the head of the building and safety department of the city; shall include his or her deputies. Building site means a lot or contiguous lots of land in single, multiple, or joint ownership(exclusive of all rights-of-way and all easements, except open space easements,that prohibit the surface use of the property by its owner),which provides the area and open spaces required by this title for construction of a building or buildings, and which abuts a public or private street or alley, or easement determined by the planning director to be adequate for the purpose of access. Carnival means an event consisting of amusements which include,but are not limited to,merry-go- rounds, Ferris wheels,or other similar mechanical apparatus or rides; menageries; trained animal acts, circuses, animal rides,petting zoos,or similar animal exhibitions; acrobatic shows or other physical feats or demonstrations; sideshows, games or tests of strength, skill or other capacity; and public eating places for which a fee or payment may be charged for entry into the location,viewing of any such entertainment or amusement,participation in any of its activities, or purchase of food, drink or merchandise. Carport means a permanent roofed structure with no more than three enclosed sides used or intended to be used for automobile shelter and storage. Car show means an event where automobile,motorcycle, or any other form of motorized transportation is displayed. Arrangement,negotiation, or direct sales of vehicles are prohibited. Centerline means the centerline of a street as referred to in this Code shall mean the right-of-way centerline as established by the county engineer of the county,by the city engineer of any city within the county,by the state division of highways, or if no such centerline has been established and in any case in which foregoing definition is not applicable, the planning commission shall designate the centerline. Certified fanners market means a temporary use where the primary activity is the outdoor sales of food and farm produce such as fruits,vegetables,nuts,herbs, eggs,honey, flowers, and food products from livestock, and that is certified by the state and operated in accordance with article 1, division 17, chapter 10.5 of the Agricultural Code. Circus. See Carnival. City means the City of Rancho Cucamonga. Clear visibility triangle means the required clear cross-visibility area unobstructed by any structure or landscape between 36 inches and seven feet above the surface of the public sidewalk as follows (see Figure 17.140.020-1 (Clear Visibility Triangle)): • At any corner formed by the intersection of a driveway/alley and street, the cross-visibility area shall be a triangle having two sides ten feet long and running along the driveway/alley edge and curb line of street, said length beginning at their intersection and the third side formed by a line connecting the two ends. • At any corner formed by the intersecting streets, the cross-visibility area shall be a triangle having two sides 20 feet long and running along each curb line, said length beginning at their intersection and the third side formed by a line connecting the two ends. FIGURE 17.140.020-1 CLEAR VISIBILITY TRIANGLE ¢ , Commission means the planning commission of the city. Common, open space. See Open space, common. Community trail. See Trail, community. Conceptual development plan means a site plan which indicates conceptual ideas for such things as,but not limited to,building placement, circulation/access, drainage/grading,buffers,phased improvements, and landscaping. Concert. See Outdoor entertainment, live. Conditional use. See Use, conditional. Contour grading. See Grading, contour. Conversion means the creation of separate ownership of existing real property together with a separate interest in space of residential,industrial, or commercial buildings thereon. Corner lot. See Lot, corner. Corner side yard. See Yard, corner side. Council means the city council of Rancho Cucamonga. County means the County of San Bernardino. Court means an open,unoccupied space, other than a yard,unobstructed from ground to sky on the same lot with a building or buildings and which is bounded on two or more sides by the walls of a building. Decibel or dBA means a unit of sound pressure level. Dedication, offered, means that portion of land that is irrevocably offered to the city for future public rights-of-way which has no prospective future date for construction to city standards and/or notice of completion. Density means the total number of dwelling units in aproject site,divided by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site and shall not be literal to any division thereof. Design means: • Street alignments, grades, and widths; • Drainage and sanitary facilities and utilities,including alignments and grades thereof, • Location and size of all required easements and rights-of-way; • Fire roads and fire breaks; • Lot size and configuration; • Traffic access; • Grading; • Land to be dedicated for park or recreational purposes; and • Such other specific requirements in the plan and configuration of the entire project as may be necessary or convenient to ensure conformity to or implementation of the general plan or any adopted specific plan. Development means the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration,relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of land. Development, mixed-use. The combination of a mix of land uses, such as,but not limited to, commercial and residential uses,in the same structure,parcel or project site,where the residential component is located either above (vertical mixed-use) or adjacent to (horizontal mixed-use) the nonresidential component. District, base, means a specifically delineated district in the city within which regulations and requirements uniformly govern the use,placement, spacing, and size of land and buildings.Not more than one base district designation shall apply to the same portion of a lot. Driveway means a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area. Dwelling means a structure or portion thereof which is used for human habitation. Some example configurations are provided below(Figures 17.140.020-2 to 17.140.020-5) and include a single-family dwelling and can be detached(as pictured below) or attached where a common wall is shared; an attached dwelling shares a common wall with one or more adjacent units; a semi-detached dwelling is typically two units joined by carports or garages in between; a multi-family dwelling is a single building that contains more than one dwelling unit. FIGURE 17.140.020-2 SINGLE-FAMILY DWELLING e��'00, � IN, dP a,e . �- t xr FIGURE 17.140.020-3 ATTACHED DWELLING du t . FIGURE 17.140.020-4 SEMI-DETACHED DWELLING ll r FIGURE 17.140.020-5 MULTI-FAMILY DWELLING , ol" Easement means a grant of one or more of the property rights by the property owner for the use by the public, a corporation, or another person or entity. Eave means the pro]ecting lower edges of a roof overhanging the wall of a building. Electric vehicle means any vehicle that operates on battery power and recharges from the electrical grid, including plug-in hybrid electric vehicles and battery electric vehicles. Elevation means: • A vertical distance above or below a fixed reference level. • A flat scale drawing of the front,rear, or side of a building or structure. Emergency shelter means a facility for the temporary shelter and feeding of indigents or disaster victims and operated by a public or nonprofit agency. Enclosed means a covered space fully surrounded by walls,including windows,doors, and similar openings or architectural features, for a space of not less than 100 square feet fully surrounded by a building or walls exceeding eight feet in height. Energy system, alternative, means application of any technology, the conservation of energy,or the use of solar,biomass,wind, geothermal,hydroelectricity under 25 megawatts, or any other source of energy; the efficient use of which will reduce the use of fossil and nuclear fuels. Engineering services director means the director of engineering services/city engineer of the city; shall include his or her deputies or designees. Entertainment event, temporary means any activity which is designed to entertain guests,which includes, but is not limited to, live entertainment,performances, exhibitions,including the purchase of food, drink or merchandise, and which is of limited duration or occasional during a calendar year. Equestrian trail. See Trail, equestrian. Equine. Horse or other member of the horse family including mules and donkeys. EV installed means a parking stall with an electric vehicle charging station. EV ready means a parking stall containing an electrical outlet and conduit to allow for future installation of an electric vehicle charging station. Fagade means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building. Fair. See Carnival. Family means one or more individuals occupying a dwelling unit. Farm Stands means a structure or portion thereof,where products offered for sale are grown or produced on site. Food preparation is prohibited except for food sampling or tasting. Fence means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Festival means an organized series of events consisting of amusements which include,but are not limited to, live and prerecorded entertainment,performances, exhibitions, competitions,visual displays, and/or purchase of food, drink or merchandise. Finished grade. See Grade,finished. Fire chief, means the chief of the Rancho Cucamonga Fire Protection District. Fire district, means the Rancho Cucamonga Fire Protection District. Flag lot. See Lot,flag. Floor area, gross, means the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings,but not including interior parking space, loading space for motor vehicles,or any space where the floor-to-ceiling height is less than six feet. Floor area ratio means the ratio between gross floor area of the primary structure(s) on a site and gross site area. It includes all occupiable floors of a building,making it a three-dimensional unit of measure. For example, a multi-story building with a total floor area of 100,000 square feet on a 50,000 square foot lot will have a floor area ratio (FAR)of 2.0. The following are examples of how a building with a total floor area of 100,000 square feet can be configured on a 50,000 square foot lot to achieve a FAR of 2.0. See Figure 17.140.020-6 (Floor Area Ratio). FIGURE 17.140.020-6 FLOOR AREA RATIO 1' . 50„000 sf Hour Plate 25,C)OO sf Floor Kr'te 121,500 sf Hoar " 51ories 4 ' 'touCorr stoil'(,!�s Food facility, mobile means a kitchen within a licensed and operable motor vehicle or trailer whose method of operation is temporary and may be transient or in a static location and involves the preparation and sale of food and/or nonalcoholic beverages in a ready-to-consume state for consumption either on or off the premises,but not within the motor vehicle and/or trailer. Food facility, temporary means a food facility that operates at a fixed location for the duration of an approved community event and only as a part of the community event. Food truck. See Food facility, mobile. Frontage means the side of a lot abutting a street,the front lot line, except the side of a corner lot. Front lot line. See Lot line,fi^ont. Front wall. See Wall,fi^ont. Fundraiser means an event held to solicit or generate financial support for a governmental or non-profit organization, or an individual. Gated community means a developed area with roads and sidewalks that have gates to control the movement of traffic and people into and out of the area. Garage. Any building with a permanent roof, enclosed on three sides with a garage door on the fourth side that is built and used for the purpose of storage/parking of automobiles,recreational vehicles (RVs), or off-road vehicles. Garbage means animal and vegetable waste resulting from the handling, storage, sale,preparation, cooking, and serving of foods. General plan means the general plan of the city,including all maps,reports, and related plan elements adopted by the city council. Glare means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Grade means: • The lowest horizontal elevation of the finished surface of the ground,paving,or sidewalk at a point where height is to be measured. • The degree of rise or descent of a sloping surface. Grade,finished, means the final elevation of the ground surface after development. Grade, natural, means the elevation of the ground surface in its natural state before man-made alterations. Grading means any stripping, cutting,filling, stockpiling of earth or land,including the land in its cut or filled condition. Grading, contour, means a grading concept designed to result in earth forms and contours which resemble natural terrain characteristics,with generally curving,non-linear slope banks having variations in the slope ratios of the horizontal and vertical curves. Greenbelt means an open area,which may be cultivated or maintained in a natural state, surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area. Green roof means a roof of a building that is partially or completely covered with vegetation planted over a waterproofing membrane. Gross floor area. See Floor area, gross. Guesthouse means an attached or detached accessory structure used as sleeping quarters for guests of the occupants of the main dwelling and: (a) contains no kitchen or cooking facilities; (b)is clearly subordinate and incidental to the principal residence on the same site; and(c)is not rented or leased, whether compensation be direct or indirect. Hardscape means the part of a building's grounds consisting of structures, such as patios, retaining walls, and walkways, made with hard materials. Examples of desirable hardscape examples are included in Figure 17.140.020-7 (Hardscape Examples). FIGURE 17.140.020-7 HARDSCAPE EXAMPLES D N� I yt A N IV I I � �rrrl i al q14 v D fGff9/l/,r/%!//vi1Q1J� J 000 II I P � ,,, �f�1IlIIl1111J��IJJJ1IJl ' ,��%i IS� 6j 11 imam aMiv'd7 / F 11VI ,,Inlavi �"�� � rv�p�fi r � I I °Ir Haunted house means a temporary use where the primary activity occurs in a facility or structure defined as a"Special Amusement Building"by the California Fire Code. Height means the vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the structure. See Building height. Homeowners association means a private organization composed of residents within a project who own in common certain property and shall be responsible for the maintenance and management of certain commonly owned property. Improvement means any item which becomes part of,placed upon, or is affixed to real estate. Interior lot. See Lot, interior. Key lot. See Lot, key. Kitchen means any room, all or any part of which is designed and/or used for cooking and the preparation of food. Landscaping means an area devoted to or developed and maintained predominantly with native or exotic plant materials including turf(natural or synthetic),ground cover, trees, shrubs, and other plant materials. Land use means a description of how land(real estate)is occupied or utilized. Loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. Local feeder trail. See Trail, local feeder. Lot means any parcel of real property approved by a record of survey,plat,parcel map, subdivision map, or certificate of compliance, or any parcel legally created or established pursuant to the applicable zoning or subdivision regulations in effect prior to the effective date of application of this Code to such parcel. Lot area means the net horizontal area within bounding lot lines after dedication. Lot, corner, means a lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees. Lot coverage means the area of a lot covered by buildings including eaves greater than 24 inches, projecting balconies, and similar features but excluding ground-level paving, landscaping, open recreational facilities, and lattice patio covers. See Figure 17.140.020-8 (Lot Coverage). FIGURE 17.140.020-8 LOT COVERAGE uo'l � Eave ., .w rilau ry strauct of fff Covered Areh Lot depth means the horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. Lot,flag, means a lot or parcel of land shaped like a flag; the staff is a narrow strip of land providing vehicular and pedestrian access to a street,with the bulk of the property lying to the rear of other lots. Lot, interior, means a lot other than a corner lot. FIGURE 17.140.020-9 LOT TYPES s ( Eon ('04 UX r � Lot Lc Lot, key, means the first interior lot to the rear of a reversed corner lot, the front line of which is a continuation of the side line of the reversed corner lot, exclusive of the width of an alley, and fronting on the street within intersects or intercepts the street upon which the corner lot fronts. Lot line means a line bounding a lot. Lot line,fi^ont, means a lot line parallel to the street. On a corner lot, the shorter lot line abutting a street or the line designated as the front lot line by a subdivision or parcel map. Lot line, rear, means a lot line that is opposite and the most distant from the front lot line. In the case of an irregular-shaped lot, a line ten feet in length within the lot that is parallel to and at the maximum distance from the front lot line. Lot, reverse corner, means a lot or parcel the rear of which abuts the side of another lot. Lot, through, means a lot or parcel with frontage on two parallel or approximately parallel streets. Lot width means the horizontal distance between side lot lines, measured at the front setback line. Mobile automotive-related uses means any activity conducted for compensation that involves minor vehicle repair including battery replacement,brake part replacement,minor tune-up, change of oil and filter,repair of flat tire, lubrication, auto glass repair and replacement, and other similar operations as determined by the planning director,but shall not include major automobile repair or maintenance, such as body or painting work of vehicle or vehicle parts. Mobile car washing and detailing means any activity conducted for compensation that involves the washing of automobiles, trucks, motorcycles,recreational vehicles, or any other vehicle, and which is moved from one location to another, such as to serve customers at their residences or places of work. Temporary car washes (e.g., fundraising activities) are not part of this use classification. Mobile hot food truck event means a special occasion involving one or more mobile hot food trucks on private property in compliance with required criteria for an approved temporary use permit.Mobile hot food trucks are defined in Vehicle Code § 670 as any vehicle that is equipped and used for retail sales of prepared,prepackaged or unprepared,unpackaged food or foodstuffs of any kind. Natural grade. See Grade, natural. Noise means any undesirable audible sound. Noise level means the A-weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of 20 microl'ascals. The unit of measurement shall be designated as dBA. Noise, simple tone, or pure tone noise means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle or hum. Noise zone means any defined area or region of a generally consistent land use. Nonconforming means a building, structure, or portion thereof, or use of building or land which does not conform to the regulations of this Code and which lawfully existed at the time the regulations became effective through adoption,revision, or amendment. Nonconforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption,revision, or amendment of this Code,but which fails by reason of such adoption,revision, or amendment to conform to the present requirements of the district. Nonconforming structure means a structure or building, the size, dimensions, or location of which was lawful prior to the adoption,revision, or amendment to this Code,but which fails by reason of such adoption,revision, or amendment,to conform to the present requirements of the district. Nonconforming use means a use or activity which was lawful prior to the adoption,revision, or amendment of this Code,but which fails by reason of such adoption,revision, or amendment,to conform to the present requirements of the district. Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Does not include area covered by buildings or accessory structures (except recreational structures),paved areas (except recreational facilities), proposed and existing public and private streets or driveways, and school sites. Open space, common, means open space within a project owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas,waterways, greenbelts,but excludes pavement or driveway areas or parkway landscaping within the public right-of- way. Open space,private, means open space directly adjoining the units or building which is intended for the private enjoyment of the occupants of the unit or building.Private open space shall in some manner be defined such that its boundaries are evident.Private open space includes private patios or balconies and front,rear, or side yards on a lot designed for single-family detached or attached housing. Open space, usable, means outdoor or unenclosed area on the ground or on a roof,balcony, deck,porch, or terrace designed and accessible for outdoor living,recreation,pedestrian access, or landscaping,but excluding parking facilities, driveways,utility, or service areas. Outdoor entertainment, live means performances presented by performers,which include,but are not limited to, theatre performances,musical theatre, opera, dance and/or music. Overhang means: • The part of a roof or wall that extends beyond the facade of a lower wall. • The portion of a vehicle extending beyond the wheel stops or curb. Overlay district means a district established by this title which may be applied to a lot or portion thereof only in combination with a base district. Parapet means the extension of the main walls of a building above the roof level. Parcel means a lot or tract of land. Parking area means any public or private land area designed and used for parking motor vehicles including parking lots,garages,private driveways, and legally designated areas of public streets. Parking bay means the parking module consisting of one or two rows of parking spaces and the aisle from which motor vehicles enter and leave the spaces. Parking lot means an off-street, ground-level area,usually surfaced and improved, for the temporary storage of motor vehicles. Parking space means a space for the parking of a motor vehicle within a public or private parking area. Parking Study describes a report prepared by a qualified traffic/parking engineer for review and acceptance by the director of engineering services/city engineer and planning director that analyzes the amount of parking proposed for a site relative to the parking demand generated by a proposed use(s). The report may include calculations and recommendations for reducing the number of parking spaces for a proposed use(s) and an analysis of shared on-site parking. The report may include parking counts of vehicles parked in an area during selected days and times to evaluate the ratio of available parking spaces to the number of vehicles parked . A parking study may also provide details on any recommended transportation demand management measures. Performance standards means a set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. Perimeter means the boundaries or borders of a lot, tract, or parcel of land. Permit means written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law,but not allowed without such authorization. Phase means any contiguous part or portion of a pro]ect which is developed as a unit in the same time period. Planning director means the director of the planning department of the city; shall include his or her deputies or designees. Planning entitlement means a permit or other approval required for land use and development purposes to determine compliance with applicable zoning and development regulations, as well as planning and zoning laws. Policies and procedures manual means the document adopted by resolution of the City Council setting forth the administrative policies and procedures that govern the Transfer of Development Rights Program and the TDR Authority. Portable recreational equipment means a vehicular unit designed and used for recreational or sporting purposes,but not for temporary dwelling. Examples include,but shall not be limited to,boat, trailer, golf cart, all-terrain vehicle, sand buggy, dune buggy,utility terrain vehicle (side by side),personal watercraft or similar equipment. Principal use. See Use,principal. Private open space. See Open space,private. Private street. See Street,private. Project means the total development within the boundaries as defined on the development plan. Public street. See Street,public. Pure tone noise. See Noise, simple tone. Rear yard. See Yard, rear. Receiving site means a privately or publicly-owned parcel or parcels where it has been determined that existing and planned urban services and infrastructure can accommodate additional development with the purchase of Transfer of Development Rights Credits. Recreational vehicle. See Vehicle, recreational. Recreation room. See Room, recreation. Recycling means the series of activities by which materials that would otherwise be disposed of are collected, separated,or processed and used in the form of raw materials. Regional trail. See Trail, regional. Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. Required yard area. See Yard area, required. Residential development credit means the right to construct one additional residential dwelling unit above the base density through the use of a transfer of development rights. Residential development right means the residential development rights permitted on a parcel or parcels under the base density of the general plan and the title,measured in maximum dwelling units per acre based on gross acreage. Reverse corner lot. See Lot, reverse corner. Right-of-way means a strip of land acquired by reservation, dedication, forced dedication,prescription,or condemnation and intended to be occupied or occupied by a road, crosswalk,railroad, electric transmission lines, oil or gas pipeline,water line, sanitary storm sewer, and other similar uses. Rodeo means an exhibition or contest event which includes,but is not limited to,riding of broncos, calf roping, and wrestling of steers. Room, recreation, means a single room in a main building or in an accessory building designed and/or used exclusively for recreational purposes by the occupants or guests of the premises. Screened means shielded, concealed, and effectively hidden from view by a person standing at ground level on an abutting site, or outside the area, screened by a fence,wall,hedge,berm, or similar architectural or landscape feature that is at least 90 percent view obscuring. Sending site means a privately or publicly-owned parcel or parcels where, at the property owner's discretion, the underlying development rights of which may be severed, and sold upon review and approval of the TDR Authority. Setback means the area between the setback line and property line. The Code uses several types of setbacks as illustrated below in Figure 17.140.020-10 (Types of Setbacks). FIGURE 17.140.020-10 TYPES OF SETBACKS w II Ie Setback line means a line within a lot parallel to and measured from a corresponding lot line,forming the boundary of a required yard and governing the placement of structures and uses on the lot. FIGURE 17.140.020-11 SETBACK LINE LOCATION �Pi�?i���'Csnm,�NwPV�u"�dki�wu 40itix Y wd Selo'c"Rai Wad t1b 1110 ks W Ua ,a< �vw�rcrt^ 'aaL:P�r9�,a r P44,140rro Wild QI� d H� m✓ yr�r µ'N 8 a r , r """w, 4ourblumw,�p .... �,iPir�utm „r ,r Shelter(animal shelter). As it relates to Chapter 17.88, A structure or environment, adequate to the species of animal,which provides protection from adverse weather conditions and predators (e.g., chicken coop,rabbit hutch,barn, etc.). Shelters must be covered,properly ventilated, and designed to be easily accessed, cleaned, and maintained. Side yard. See Yard, side. Simple tone noise. See Noise, simple tone. Site area means the net horizontal area included within the boundary lines of a site,not including the area within the established right-of-way of a public street, future public street, or railroad, or any other area dedicated or to be dedicated for a public use. Site plan means a plan,prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, and uses and the exact manner of development proposed for a specific parcel of land. Slope means the degree of deviation of a surface from the horizontal,usually expressed in percentage or degrees. Solar access means a property owner's right to have sunlight shine on his or her property. Sound level meter means an instrument meeting American National Standard Institute's standard S 1.4- 1971 for Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Sound pressure means a sound pressure level of a sound,in decibels, as defined in American National Standard Institute's standards 51.20-1962 and 51.13-1921; that is, 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure,which reference pressure shall be explicitly stated. Sporting event, outdoor means an activity, exhibition or contest of physical exertion and skill conducted outside of an enclosed building, field,park or stadium. Stacking area means the area provided for vehicles waiting for drive-through service that is physically separated from other on-site traffic circulation. Story means that portion of a building included between the surface of any floor and the surface of any floor next above it,or if there be no floor above it, then the space between such floor and ceiling next above it. Street means any public or private thoroughfare with a width of 20 feet or more which affords a primary means of access to abutting property. Street,private, means a street in private ownership,not dedicated as a public street,which provides the principal means of vehicular access to a property and not to be construed to mean driveways, alleys, or parking areas. Street,public, means a street owned and maintained by the city,the county, or the state. The term includes streets offered for dedication which have been improved or for which a bonded improvement agreement is in effect. Structural alteration means any change in the supporting members of a structure such as the bearing walls or partitions, columns,beams, or girders. Structure means anything constructed or built. An edifice or building of any kind,or any piece of work artificially built up or composed of parts joined together in some definite manner. Structure, accessory, means a subordinate building which is incidental and not attached to the main building or use on the same lot. If an accessory building is attached to the main building or if the roof is a continuation of the main building roof, the accessory building shall be considered an addition to the main building. Includes structures regardless of whether a building permit is required,including,but not limited to, enclosed and unenclosed patios,barns, guesthouses, accessory dwelling units, garages, carports, storage buildings/sheds, trellis, gazebos, decks, and real or artificial rockscapes. Structure, temporary, means a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Tasting Room means a business offering on-site and off-site wine sales which might include food service limited to hors d-oeuvres and prepackaged gourmet foods and other retail sales associated merchandise including gift baskets. Entertainment restricted to unamplified live music may be included as part of the use. Temporary structure. See Structure, temporary. Temporary use. See Use, temporary. Through lot. See Lot, through. Tot lot means an improved and equipped play area for small children usually up to elementary school age. Trail, community, means a trail, generally 20 feet in width,which is a segment of a planned trail system, intended to link local feeder trails with the regional trail system, and designed and improved for riding and hiking purposes. Trail, equestrian, means a trail which is a segment of a planned trail system designed,improved, and intended to be used for horseback riding purposes. Trail, local feeder, means a trail, generally 15 feet in width,which is a segment of a planned trail system, intended to provide access to the rear of residential lots from the community or regional trail system, and designed and improved for riding and hiking purposes. Trail, regional, means a trail, generally 30 feet in width and located along flood control and utility corridors,intended to connect residential areas with regional parks, scenic canyons, the national forest, and other major open spaces, and designed and improved for riding,hiking, and bicycling purposes. Transfer of Development Rights or TDR Authority means the entity established and given authority by the City to implement the transfer of development rights program established by this chapter. The TDR Authority may be operated by the City for the purpose of overseeing and facilitating the buying, selling of development rights between private parties. Unit, accessory dwelling means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as a single-family or multi-family dwelling is situated. An accessory dwelling unit also includes the following: • An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code. • A manufactured home, as defined in Section 18007 of the Health and Safety Code. Usable open space. See Open space, usable. Use means the conduct of an activity,or the performance of a function or operation, on a site or in a building or facility. Use, accessory, means a use which is incidental to, and customarily associated with, a specified principal use and which meets the applicable conditions set forth in this title. Use, allowed, means a use listed by the regulation of any particular district as a permitted use within that district and permitted therein as a matter of right when conducted in accord with the regulations established by this zoning code. Use, conditional, means a use listed by the regulations of any particular district as a conditional use within that district and allowable therein, solely on a discretionary and conditional basis, subject to development/design review or to a conditional use permit, and to all other regulations established by this Code. Use,principal, means a use which fulfills a primary function of a household, establishment,institution, or other entity. Use, temporary, means a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. Value means the value of a building shall be the estimated cost to replace the building in kind based on current replacement costs. Vehicle means a self-propelled device using fossil fuels, electrical energy, or other energy source by which persons or property may be moved upon a highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks. Vehicle, recreational, means a vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle with provisions for sleeping, cooking and/or sanitation designed or used for temporary dwelling,recreational, or sporting purposes.Examples include,but shall not be limited to, motor home, travel trailer, fifth wheel,toy hauler, mounted camper, camping trailer, converted trucks and buses provided that such vehicles are not commercial vehicles or used for commercial purposes. Wall,fi^ont, means the nearest wall of a building or other structure to the street upon which the building faces,but excluding cornices, canopies, eaves, or any other architectural embellishments. Water feature means a detached structure typically used for decorative or landscaped design purposes such as fountain,water wall,bird bath and similar features. Yard means an open space that lies between the principal or accessory building or buildings and the nearest lot line. FIGURE 17.140.020-12 YARD AREAS a n vw+ro .»w,ry%urA w'11 o �• ;,.'�� .a h- . . . . MONTYARD aCORNER WE YARD -77DIE YARD 1 Yard area, required, means the required yard area(front,interior side, street side, and/or rear) of a lot is the horizontal area between the property line and the minimum setback distance for the respective yard. Yard, corner side, or street side means a side yard which faces a public street on a corner lot and extending from the front yard to the rear yard. Yard,fi^ont, means a yard extending the full width of the lot between the front lot line (measured from property line) and a line parallel thereto and passing through the nearest point of the building. Yard, rear, means a yard extending the full width of the lot between the rear lot line and a line parallel thereto. For through lots,if a future street right-of-way has been established, such measurement shall be from the future street right-of-way line. Yard, interior side, means a yard between the side lot line and a line parallel thereto and extending from the front yard to the rear yard. Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line. (Code 1980, § 17.126.020; Ord.No. 855, § 4, 2012; Ord.No. 858, § 4, 2013; Ord.No. 860, § 4, 2013; Ord.No. 881, § 4, 2015; Ord.No. 938, §§ 7-9, 2018; Ord.No. 948, § 5, 2019; Ord.No. 961, § 4, 2019) Chapter 17.142 ADULT BUSINESS DEFINITIONS 17.142.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to adult businesses. This chapter is enacted with reference to the findings made in section 17.86.010. (Code 1980, § 17.128.010; Ord.No. 855, § 4, 2012) 17.142.020 Adult business definitions. Adult bookstore means a commercial establishment which, as a regular and substantial part of its business,devotes inventory or product lines (the term "product line"refers to items which are all identical, such as numerous copies of the same book or periodical) or display, shelf,rack, table, stand, or floor area used for the display and sale of the following: • Books, magazines,periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides,tapes,records,or other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or • Instruments, artificial devices, or paraphernalia which are designed for use in connection with specified sexual activities. Adult cabaret means a nightclub,bar,restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures,videocassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons. Adult entertainment establishment means an adult entertainment establishment is any place of business in which one or more of the following activities are conducted: • Adult motel or hotel.A hotel or motel, or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures,videocassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of"specified sexual activities"or"specified anatomical areas"for observation by patrons. • Adult theater. A theater, concert hall, auditorium,or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration,regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on"specified sexual activities"or"specified anatomical areas"for observation by patrons. Establishment of an adult entertainment business. As used herein,to "establish"an adult entertainment business shall mean and include any of the following: • The opening or commencement of operation of any such business as a new business. • The conversion of any existing business,whether or not an adult entertainment business,to any adult entertainment business as described herein. • The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of the paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land. Specified anatomical areas. As used herein,the term "specified anatomical areas"means and includes any of the following: • Less than completely and opaquely covered human genitals,pubic region,buttocks, anus,or female breast below a point immediately above the tops of the areola; or • Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities. As used herein,the term "specified sexual activities"means and includes any of the following: • The fondling or other erotic touching, actual or simulated, of human genitals,pubic region, buttocks,or female breast; or • Sex acts, actual or simulated,including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or • Masturbation, actual or simulated; or • Excretory functions as part of or in connection with any of the activities set forth in any of the above. Other adult entertainment business means any other business or commercial establishment not herein defined: • Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas; or • Which devotes more than 50 percent of the total area used for display of its stock in trade to items,instruments, and paraphernalia that are describing or relating to specified sexual activities. (Code 1980, § 17.128.010; Ord.No. 855, § 4, 2012) Chapter 17.144 DENSITY BONUS DEFINITIONS 17.144.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to density bonus. (Code 1980, § 17.130.010; Ord.No. 855, § 4, 2012) 17.144.020 Density bonus definitions. Affordable rent means monthly housing expenses,including a reasonable allowance for utilities, for rental target units reserved for very low- or lower-income households,not exceeding the following calculations: • Very low income.Fifty percent of the area median income for San Bernardino County, adjusted for household size, multiplied by 30 percent and divided by 12. • Lower income. Eighty percent of the area median income for San Bernardino County, adjusted for household size, multiplied by 30 percent and divided by 12. Child care facility means a facility installed, operated, and maintained for the nonresidential care of children as defined under applicable state licensing requirements for the facility. Such facilities include, but are not limited to,infant centers,preschools, extended day care facilities, school-age child care centers, or family day care homes as defined in this title. Density bonus means a density increase over the otherwise maximum allowable residential density under the applicable zone and the land use element of the general plan. Density bonus units means those residential units granted pursuant to the provisions of this title which exceed the otherwise maximum residential density for the development site. Housing cost means the sum of actual or projected monthly payments for all of the following associated with for-sale target units: principal and interest on a mortgage loan,including any loan insurance fees, property taxes and assessments,fire and casualty insurance,property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities. Adjustments should be made as necessary for down payment assistance. Housing development means one or more groups of projects for residential units planned for construction in the city.Includes a subdivision or common interest development as defined in Civil Code § 1351, residential units or unimproved residential lots, the rehabilitation of existing multi-family dwellings where the rehabilitation would result in a net increase in available units, and the conversion and rehabilitation of an existing commercial building to residential use. Lower-income household means a household whose income does not exceed the lower income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50079.5. Maximum residential density means the maximum number of residential units permitted by the city's general plan land use element and this title at the time of application. Moderate-income household means a household whose income does not exceed the moderate income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50093. Persons and families of moderate income means households whose income does not exceed the moderate income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50093. Senior citizen housing development means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 25 dwelling units and complies with the requirements of Civil Code § 51.3. Special needs means persons identified as having special needs related to any of the following: • Mental health; • Physical disabilities; • Developmental disabilities,including,but not limited to,mental retardation, cerebral palsy, epilepsy, and autism; • The risk of homelessness; or • Persons eligible for mental health services funded in whole or in part by the mental health services fund, created by Welfare and Institutions Code § 5890. Target unit means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to,very low- or lower-income households or qualifying senior residents. Very low income household means a household whose income does not exceed the very low income limits applicable to San Bernardino County, as published and periodically updated by the state department of housing and community development pursuant to Health and Safety Code § 50105. (Code 1980, § 17.130.020; Ord.No. 855, § 4, 2012) Chapter 17.146 HISTORIC RESOURCES DEFINITIONS 17.146.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to historic resources. (Code 1980, § 17.132.010; Ord.No. 855, § 4, 2012) 17.146.020 Historic resource definitions. Alteration means any act or process that modifies a historic landmark or contributing resource that either: (1) Requires a building permit and changes one or more of the features of a landscape or structure including,without limitation, the erection, construction,reconstruction, or relocation of any structure or any part of a structure; or (2) Significantly changes any feature of a landscape or exterior of a structure that relates to its status as a historic landmark or contributing resource,regardless of whether such act or process requires a building permit. Commission means the city historic preservation commission. Conservation district means an area of the city designated as a conservation district pursuant to this chapter. Contributing resource means any site, sign, structure,building, landscape, object, area,place, or feature within a conservation district that is either a separately designated historic landmark or designated as a resource that contributes to the district's historic,cultural, or architectural significance. Demolition means any act or process that destroys,in whole or in part, a building, structure, or site or permanently impairs its structural integrity. Historic landmark means any structure any site, sign, structure,building, landscape, object, area,place, or feature designated as a Historic Landmark pursuant to this chapter. Inventory of historic resources means the inventory adopted by the commission of potentially historic sites, structures,buildings, landscapes, areas, and places in the city. Ordinary maintenance and repair means any work for which a building permit is not required by law the purpose and effect of which is to correct any deterioration of or damage to an improvement or natural feature or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage. Point of historic interest means a location designated as a point of historic interest pursuant to this chapter. Register of historic resources means the inventory adopted by the commission of historic landmarks, points of historic interest, and conservation districts designated pursuant to this chapter. Rehabilitation means the act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural significance. Restoration means the act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period,which may include the limited and sensitive upgrade of mechanical, electrical, and plumbing systems and other Code-required work to make the property functional. Secretary's standards means the standards for the treatment of historic properties adopted by the United States Secretary of the Interior, and all guidelines adopted for the implementation of the same. Small business means any office-type use that does not exceed 2,500 square feet,with no more than five employees. State Historical Building Code means the California Health and Safety Code § 18950 et seq., and the California Historical Building Code, codified at part 8,title 24 of the California Code of Regulations, as either of these may be amended from time to time. (Code 1980, § 17.132.020; Ord.No. 855, § 4, 2012) Chapter 17.148 CANNABIS IBIS DEFINITIONS INIT IONS 17.148.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to cannabis. (Ord.No. 921 § 9, 2017) 17.148.020 Definitions. Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof, the resin,whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt,derivative,mixture, or preparation of the plant,its seeds, or resin. "Cannabis"also means the separated resin,whether crude or purified, obtained from cannabis. "Cannabis"includes cannabis that is used for medical,non-medical, or other purposes. "Cannabis"does not include the mature stalks of the plant,fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber,oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis"also does not include industrial hemp,as defined in California Health and Safety Code section 11018.5. Cannabis product means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate,including,but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Commercial cannabis activity means the cultivation,possession, manufacture, distribution,processing, storing, laboratory testing,packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medical,non-medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the California Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. Commercial cannabis activity does not include the cultivation,possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. Commercial cannabis activity also does not include the cultivation,possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver,but who does not receive remuneration for these activities except for compensation in full compliance with California Health and Safety Code section 11362.765. Commercial cannabis use means the use of any property for commercial cannabis activity. Compassionate Use Act means the Compassionate Use Act of 1996 (Proposition 215), codified as California Health and Safety Code section 11362.5. Concentrated cannabis means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids,thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate. Cultivation means any activity involving the planting,growing,harvesting, drying, curing, grading, or trimming of cannabis. Delivery means the commercial transfer of cannabis or cannabis products to a customer. "Delivery"also includes the use by a retailer of any technology platform owned and controlled by the retailer. Distribution means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time. Fully enclosed and secure structure means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry,provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. Indoor means within a fully enclosed and secure structure. Manufacture means to compound,blend, extract,infuse, or otherwise make or prepare a cannabis product. MAUCRSA means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Business and Professions Code, as the same may be amended from time to time. Medical Maryuana Program means California Health and Safety Code sections 11362.7 through 11362.83, as such statutes may be amended from time to time. Outdoors means any location that is not within a fully enclosed and secure structure. Person means any natural person, firm, corporation, association, club, society,partnership,joint venture, limited liability company, sole proprietorship, collective, cooperative, coop,non-profit, estate, trust, receiver, syndicate, or any other organization, group or entity or combination of organizations or entities of any kind whatsoever,however formed, as well as trustees,heirs, executors, administrators, and/or assigns, and shall also include any owner, operator,manager,proprietor, employee, agent, officer, volunteer, salesperson,trustees,heirs, executors, administrators and assigns. The term "person" shall also include all persons who have an ownership or leasehold interest in any real property,premises and/or structures in which commercial cannabis activity is occurring. Primary caregiver shall have the same meaning as is defined in California Health and Safety Code section 11362.7(d), as the same may be amended from time to time. Private residence means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence. Qualified patient means a person who is entitled to the protections of California Health and Safety Code section 11362.5, as the same may be amended from time to time,but who does not have an identification card. (Ord.No. 921 § 9,2017) Chapter 17.150 SIGN DEFINITIONS 17.150.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to signs. (Code 1980, § 17.136.010; Ord.No. 855, § 4, 2012) 17.150.020 Sign definitions. Abandoned sign means any display or sign remaining in place or not maintained for a period of 90 days which no longer identifies an ongoing business,product, or service available on the premises where the display or sign is located or where the building,business, or establishment to which the display or sign is related has ceased operation. For purposes of this definition, abandonment for the applicable period shall be deemed conclusive evidence of abandonment regardless of the property,business, or sign owner's intent. Awning means a roof-like cover that prQj ects from the wall of a building for the purpose of shielding a doorway or window from the elements. Blade sign. See Undercanopy sign. Building-attached sign means a sign placed on a wall, awning, canopy,parapet, or a blade bracket. Also see Wall Sign. See Figure 17.150.020-1 (Permanent Building-Attached Signs). FIGURE 17.150.020-1 PERMANENT BUILDING-ATTACHED SIGNS Z11111111,11 u irmfK,fONIV � U S :,. aw d f � f r �Al �I 1 , i�,.:, .. Canopy sign means any sign that is a part of or attached to an awning, canopy, or other fabric,plastic, or structural protective cover(excluding a marquee) over a door, entrance,window, or outdoor service area. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Can sign means a sign which contains all the text and/or logo symbols within a single enclosed cabinet that is mounted to a wall or other surface. See Figure 17.150.020-2 (Other Sign Types). FIGURE 17.150.020-2 OTHER SIGN TYPES (image not viewable) 1 �N E' }!hl ,�'4°91'I N!; 9" ° El a ��ylN� N FRAME f ck � HCR ER R . FIE <. EFT �� .III NI �E MP 7717 a o it �iEL1 MESSAGE SIGN CAN S G N , . (, �rrJy�mc��mcr�ri�ro1�J�lrr�i���lyon�y�ru7wir��lXtrrm� AI ii'P��Pi � ills I° LETTERF iIIN Dui�l----------------- CHANNEL IA G S ! , N LE , l ' I Changeable copy sign means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged manually without altering the face or surface of the sign. A sign on which the message or characters change more than 12 times per day shall be considered an animated sign and not a changeable copy sign for purposes of this title. See Figure 17.150.020-2 (Other Sign Types). Channel letters means individual letters that are independently mounted to a wall or other surface and internally illuminated with a covered face. The "air space"between the letters is not part of the sign structure but rather of the building facade. A logo may also be considered a channel letter provided it is clearly distinguishable from other sign elements. See Figure 17.150.020-2 (Other Sign Types). Commercial message means any sign,wording, logo, or other representation that names or advertises a business,product, service, or other commercial activity. Community directional wayfinding sign means an off-premises sign located on a public street or public way that is part of a city-sponsored and coordinated program for the purpose of providing tourists, travelers, and others of the public ways in the city with information and guidance concerning public accommodations, facilities, commercial services, and points of scenic, cultural,historic, educational, recreational,religious interest, and other local community destinations as designated and recognized by a city program. Copy means the words, letters,numbers, figures, designs, or other symbolic representations incorporated into a sign. Directional sign means any sign intended to be permanently affixed and utilized only for the purpose of indicating the direction of any object,place,or area. Directory sign means a pedestrian-oriented sign that identifies or lists the names and locations of tenants at a multi-tenant site. Electronic message sign means an electronic sign, typically comprising a liquid crystal diode (LCD), light-emitting diode (LED),plasma,or other digital illuminated display that contains one or more messages. An electronic message sign is different from an illuminated sign in that the illumination of the display creates the message,rather than an internal or external light source illuminating the message. See Figure 17.150.020-2 (Other Sign Types). Exempt sign means a sign which is not subject to a sign permit. Flag sign means a sign made of fabric or other similar non-rigid material supported or anchored along only one edge or supported or anchored at only two corners. Freestanding sign means a permanent sign that is self-supporting in a fixed location and not attached to a building. A freestanding sign can be connected or attached to a sign structure, fence, or wall that is not an integral part of a building.Freestanding signs include,but are not limited to,monument signs,pole signs, and pylon signs. See Figure 17.150.020-3 (Permanent Freestanding Signs). FIGURE 17.150.020-3 PERMANENT FREESTANDING SIGNS O Ill9i��� s lull ii4i�r �iN�� N NN , SIGN ,��p. MUILTI�-TENANT SIGN MONUMENT TENANT TENANT G TENANT TENANT S ;PYLON MO ;p r ® a IPYLaN SIGNb L G'PYLON SIGN%d PYLONSIG f E PYLON SIGN ,N h PYLON SIGN;t a �..�,� „ l Ground sign means a temporary freestanding sign including,but not limited to,portable signs such as A- frame signs. Handheld sign means a sign which is not permanently or temporarily attached to the ground or to a permanent structure, and which is designed to be transported or carried by an individual. Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign; includes signs made from neon or other gas tube(s) that are bent to form letters, symbols, or other shapes. An illuminated sign excludes electronic message signs,which are separately defined. Inflatable balloon sign means a sign consisting of balloons and inflatables made of metallic and/or cloth material, regardless of the size that is used, for the purpose of attracting attention. Linear frontage means the horizontal distance measured along the building frontage facing the street. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance shall be considered the primary building frontage (e.g., an entrance facing a courtyard). For multi-tenant buildings,ground floor tenants may have their primary frontage determined independently for the rest of the building based on the aforementioned rules. Menu/order board sign means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers. Monument sign means a freestanding sign no more than eight feet in height which is detached from a building and having a support structure that is a solid-appearing base constructed of a permanent material, such as concrete block or brick. All other freestanding sign types not meeting the definition of a monument sign shall be either a pole sign or a pylon sign. See Figure 17.150.020-3 (Permanent Freestanding Signs). Mural means a hand-produced work of visual art that is tiled or painted by hand directly upon or affixed directly to an exterior wall of a building. Murals are of a noncommercial nature. A mural does not include the following: • Mechanically produced or computer-generated prints or images,including but not limited to digitally printed vinyl; • Murals containing electrical or mechanical components; or • Changing image murals. Noncommercial sign means a sign that displays noncommercial speech, e.g., commentary or advocacy on topics of public debate and concern. Nonconforming sign means a sign lawfully erected that does not comply with the provisions of this title. Off-site sign means a sign that directs attention to a business,profession, commodity, service, or entertainment conducted, sold, or offered at a location other than where the sign is located. This definition shall include,but is not limited to,billboards,posters,panels,painted bulletins, and similar advertising displays. An off-site sign meets any one of the following criteria and includes only commercial messages: • A permanent structure sign which is used for the display of off-site commercial messages; • A permanent structure which constitutes a principal, separate, or secondary use, as opposed to an accessory use, of the parcel on which it is located; or • An outdoor sign used as advertising for hire, e.g., on which display space is made available to parties other than the owner or operator of the sign or occupant of the parcel (not including those who rent space from the sign owner,when such space is on the same parcel or is the same development as the sign),in exchange for a rent, fee, or other consideration. On-site sign means a sign which directs attention to a business,profession, commodity, service, or entertainment conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of multiple-tenant commercial or industrial development, a sign is considered on-site whenever it is located anywhere within the development. In the case of a duly approved uniform sign program, a sign anywhere within the area controlled by the program may be considered on-site when placed at any location within the area controlled by the program. Painted sign means a sign that comprises only paint applied on a building or structure. Pedestrian traffic sign means a sign designed and located for the primary purpose of pedestrian viewing and direction(e.g.,undercanopy sign,pedestrian access sign). Pennant means any lightweight plastic, fabric, or other material,whether or not containing a message of any kind, attached to a rope,wire, or string,usually in a series, designed to move in the wind and attract attention. Permanent sign means a sign that is entirely constructed out of durable materials,is fixed in place, and is intended to exist for more than 120 days. Projecting sign means a sign attached to and extending outward from the face of a building.Includes,but is not limited to, a blade sign,bracket sign, or marquee sign. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Pushpin letter sign means a sign comprising individual letters that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting. The "air space"between the letters is not part of the sign structure but rather of the building facade. See Figure 17.150.020-2 (Other Sign Types). Real estate sign means a temporary sign advertising the sale or lease of real property. The sign may include the identification and contact information of the person and/or company handling such sale, lease, or rent. Roof sign means a sign erected, constructed,painted, or placed upon or over a roof or parapet wall of a building and which is wholly or partly supported by the building or roof structure. Sign means any device, structure, fixture, or placard displaying graphics, symbols, and/or written copy for the primary purpose of communicating with the public.Notwithstanding the foregoing,the following do not fall within the definition of a"sign": • Interior signs. Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof, or located at least three feet from the window on the interior of the structure. • Architectural features. Decorative or architectural features of buildings (not including lettering, trademarks, or moving parts). • Symbols embedded in architecture. Symbols of noncommercial organizations or concepts including,but not limited to,religious or political symbols,when such are permanently integrated into the structure of a building; the definition also includes foundation stones and cornerstones. • Personal appearance. Items or devices of personal apparel,decoration, or appearance, including,but not limited to, tattoos, makeup,wigs, costumes, and masks (but not including commercial mascots). • Manufacturers' marks. Marks on tangible products that identify the maker, seller,provider, or product and which customarily remain attached to the product even after sale. • Fireworks, candles, and artificial lighting. The legal use of fireworks, candles, and artificial lighting not otherwise regulated by this title. • Mass transit graphics. Graphic images mounted on trains or duly licensed mass transit vehicles that legally pass through the city. • Vehicle and vessel insignia. As shown on street-legal vehicles and properly licensed watercraft: license plates, license plate frames,registration insignia,noncommercial messages, messages relating to the business of which the vehicle or vessel is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle or vessel. • Gravestones and grave markers. • News racks and newsstands. • Shopping carts, golf carts, and horse-drawn carriages. • Vending machines that do not display off-site commercial messages or general advertising messages. • Graphic images that are visible only from above, such as those visible only from airplanes or helicopters,but only if not visible from the street surface or public right-of-way. • Holiday and cultural observance decorations that are on display for not more than 45 calendar days per year(per parcel or use) and which do not include commercial advertising messages. Sign face means that area or portion of a sign on which copy is intended to be placed. Subdivision directional sign means a temporary or otherwise limited-term sign for the purpose of providing direction for vehicular and/or pedestrian traffic to the new home sale of multiple lots or dwelling units with a single builder within a master planned community,including both single-family and multi-family for-sale products. All other home sales signs are included within the definition of"real estate sign. Temporary sign means a structure or device used for the public display of visual messages or images, which is easily installed with or without common hand tools and which is not intended or suitable for long-term or permanent display(e.g., less than 90 days), due to lightweight or flimsy construction materials. Examples include banners, flags, or similar ground mounted nonpermanent signs made of paper, cloth, canvas, lightweight fabric, or other non-rigid material,with or without frames. Undercanopy sign means a pedestrian-oriented sign hung from underneath a canopy roof, awning,porch or extended out from a building facade. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Wall sign means a sign attached to or erected against the wall of a building or structure with the exposed face of the sign parallel to the plane of such wall. See Figure 17.150.020-1 (Permanent Building-Attached Signs). Window sign means any permanent or temporary sign,picture, letter, character, or combination thereof, designed to communicate information about an activity,business, commodity, event, sale, or service that is placed upon and/or inside and/or within three feet of a window for the purpose of being visible from the exterior of the window. See Figure 17.150.020-1 (Permanent Building-Attached Signs). (Code 1980, § 17.136.020; Ord.No. 855, § 4, 2012; Ord.No. 858 §4, 2013; Ord.No. 860 § 4, 2013) Chapter 17.152 WIRELESS COMMUNICATIONS DEFINITIONS 17.152.010 Purpose. The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to wireless communications facilities. (Code 1980, § 17.140.010; Ord.No. 855, § 4, 2012) 17.152.020 Wireless communications definitions. The following words,terms and phrases,when used in this title, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Antenna means a device used in wireless communications which radiates and/or receives commercial cellular,personal communication service, and/or data radio signals. "Antenna" shall not include any satellite dish antenna or any antenna utilized for amateur radio, citizens band radio, television, AM/FM, or shortwave radio reception purposes. Base Station. A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in this subpart or any equipment associated with a tower. (1) The term includes,but is not limited to, equipment associated with wireless communications services such as private,broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) The term includes,but is not limited to,radio transceivers, antennas, coaxial or fiber-optic cable,regular and backup power supplies, and comparable equipment,regardless of technological configuration(including Distributed Antenna Systems and small-cell networks). (iii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in paragraphs (1) and(ii) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in paragraphs (i)-(ii) of this section. Building-mounted means mounted to the side of a building, to the facade of a building, or to the side of another structure such as a water tank, church steeple, freestanding sign,utility tower, light pole, or similar structure,but not to include the roof of any structure. Cellular means an analog or digital wireless communication technology that is based on a system of interconnected neighboring cell sites. Collocated means the locating of wireless communications equipment from more than one provider on a single wireless communication facility. Eligible Facilities Request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station,involving: (1) Collocation of new transmission equipment; (ii) Removal of transmission equipment; or (iii) Replacement of transmission equipment. Ground-mounted means mounted to a pole, monopole, tower,or other freestanding structure specifically constructed for the purpose of supporting an antenna. Major wireless communications facility means a wireless communications facility that is non-stealth in design or exceeds the height limit of the district in which it is located. A major wireless communications facility also includes any wireless communications facility that is ground- or roof-mounted and mounted in or on any public property including the public right-of-way but does not include a wireless communications facility located on a public utility pole within a public right-of-way that meets the requirements of a minor wireless communications facility. Minor wireless communications facility means a wireless communications facility that is stealth in design and does not exceed the height limit of the district in which it is located, or building-, facade-, or wall- mounted and does not exceed the height of the parapet wall or roofline of the building. A roof-mounted facility,which is screened by a solid material on all four sides and does not exceed the maximum height of the district, shall be considered a minor wireless communications facility. The following shall be considered a minor wireless communications facility: (1) A wireless communications facility located on a public utility pole owned by the city; (2) A wireless communications facility located on public property or within a public right-of-way, other than a public utility pole owned by the city,if it is located 300 feet or more from a residential zone,that is in full compliance with the state public utilities commission.]oint pole association General Order 95, Rule 94, or any successor provisions thereto, and that does not exceed the height limit for the zone. Monopole means a structure composed of a single spire,pole, or tower used to support antennas or related equipment. Mounted means attached or supported. Personal communication service means digital low-power,high-frequency commercial wireless radio communication technology that has the capacity for multiple communications services and the routing of calls to individuals,regardless of location. Roof-mounted means mounted above the eave line of abuilding. Stealth facility means any communication facility which is designed to blend into the surrounding environment, typically one that is architecturally integrated into a building or other concealing structure, and shall include and mean any concealed antenna. Temporary wireless communications facility means a wireless communications facility that is kept portable or mobile and deployed while a permanent facility is under construction. Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the state public utilities commission. Wireless communications facility means a facility consisting of any commercial antenna, monopole, microwave dish, and/or other related equipment necessary to the transmission and/or reception of cellular, personal communication service, and/or data radio communications, and which has been granted a certificate of public convenience and necessity,or a wireless registration number by the state public utilities commission, or otherwise provides wireless communications services to the public. (Ord.No. 929 § 3, 2018; Code 1980, § 17.140.020; Ord.No. 855, § 4, 2012) Chapter 17.154 FORM-BASED CODE DEFINITIONS 17.154.010 Purpose. This chapter provides definitions of terms,phrases, and land uses for application only to Article VIII Form-Based Code (FBC) and that are technical or specialized, or that may not reflect common usage. 17.154.020 Form-based code definitions. Arcade. A covered pedestrian way along the side of a building at the first floor with habitable space above which provides access to retail spaces. Architectural Element. An architectural element,which alone or as part of a pattern, embodies the style, design, or general arrangement of the exterior of a building or structure,including but not limited to the kind, color, and texture of building materials, and style and type of windows, doors, lights,porches, and signs. Attached Flex. A residential or mixed-use structure containing two to five dwelling units with an attached secondary building (garage) typically accessed from a rear lane. Awning. A roof or cover that projects from the wall of a building over a door or window, and made of canvas, aluminum, or a similar material,which may be fixed in place or retractable for the purpose of shielding a doorway or window from the elements. Balcony. A platform that pro]ects from the wall of a building and is enclosed by a parapet or railing. Bay Window. A window that projects from any building elevation. Block Face. The aggregate of all the building facades on one side of a block. The block face provides the context for establishing the architectural form of the edge of the block. Build-to-Line. A line parallel to the primary or secondary frontage line that establishes the placement requirements for the building, forming the boundary of the frontage area(see Figure 17.154.020-1 Private Frontage Area). The minimum build-to-line is the farthest distance away from the primary or secondary frontage line that a building may be located. The maximum build-to-line is the closest to a primary or secondary frontage line that a building may be located. Building Form. The overall shape and dimensions of a building. Building, Primary. See the definition for Building,Principal. Building Secondary. A building located within the rear yard of a lot that accommodates a secondary use on the property (e.g., a garage, tool shed, etc.). Building, Wing. A building or structure that is physically attached to a primary building and that is secondary and incidental to the primary building. This definition does not include a parking structure. Building Type. A structure defined by a combination of its configuration,placement on a lot, and function. Canopy. An architectural feature that projects a building wall and provides protection from the elements to pedestrians below or within the building. May either be non-structural (e.g., an awning that can be removed without altering the building structure)or permanent. Courtyard. An unroofed area that is completely or partially enclosed by walls or buildings and often shared by multiple residential units or commercial spaces. Courtyard Building. A large structure composed of multiple attached or stacked units accessed from a shared courtyard, a series of courtyards, or a common corridor. Development Site. A portion of land delineated from others to accommodate no more than one primary building type. A parcel may have multiple development sites when each site meets the minimum width and depth required by the form-based zone. Development sites may be described and recorded as individual properties on a plat. Eave. The part of a roof that meets or overhangs the wall of a building. Encroachment into Private Frontage Area. Any architectural feature, structure, or structural element, such as an arcade,gallery, fence, garden wall,porch, stoop,balcony,bay window,or terrace, that breaks the plane of a horizontal regulatory limit extending into the private frontage area or build-to-line area, or into the public right-of-way. Entry. An opening, such as a door,passage, or gate, that allows access to a building. Entrance, Primary. An entry that allows access to a building facing a primary street. Fagade, Primary. The exterior wall of a building facing a primary street. Fagade, Secondary. The exterior wall of a building facing a secondary street or side street. Finished Floor. The uppermost surface of a building's ground floor at the completion of construction. Forecourt. A building entrance and facade type where a portion of the building facade is close to the property line while the central portion of the building is set back creating a small courtyard space. The courtyard may be used as an entry court or as shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail and service areas. Fourplex. A detached building that consists of four side-by-side and/or stacked units,typically with one shared entry or individual entries along the front. This type has the appearance of a typical house and is scaled to fit within low and medium intensity walkable neighborhoods. Frontage Line, Primary. The property line along the front lot line. Frontage Line, Secondary. The property line along the side lot line of a corner lot. Frontage Area, Private. The linear street frontage between the minimum and maximum build-to-lines along the primary or secondary frontage line. See Figure 17.154.020-1 (Private Frontage Area). FIGURE 17.154.020-1 PRIVATE FRONTAGE AREA Development3 W Site Line 4,a W Mimmum Build-tea Line Minimum I � � � i I Maxiimur-n Build-to Line Build-tea Line Maximum Build-to Lineru �ry Trontge o_ . . _ . . _ . . _ . . _ ..J STREET(FRONT) Gallery. A building entrance and facade type typically used in retail applications where the facade is aligned close to the property line with an attached cantilevered shed roof or a lightweight colonnade overlapping the sidewalk. Ground Floor. The floor of a building located nearest to the level of the ground around the building. Height, Overall. The vertical distance, excluding foundations or understructures,between the average finished ground surface adjacent to the structure and to the highest point of the structure, excluding architectural features and appurtenances such as,but not limited to, chimneys, antennas, elevators, and similar mechanical equipment. See Building height. Height, to Eave. The vertical distance of a structure measured from the average elevation of the finished grade within 20 feet of the structure to the overhanging portion of a gable or pitched roof. High Rise Building. A large and tall structure built on a large lot that typically incorporates multi-level structured parking used to provide a vertical mix of uses with ground-floor retail or service uses, and service or residential uses on upper floors. This building type is a primary component of an urban downtown. Interior Volume. A main component of a two- part attached building. The interior volume is FIGURE 17.154.020-2 HEIGHT MEASUREMENT typically a parking structure or large retail/entertainment space. The exterior component Height overall is designed to mask the interior volume and typically occupied by retail, service, office, or __ residential space. Height to ecve Live/Work. An integrated housing unit and working space, occupied and utilized by a single household in a building, either single-family dwelling or multiple-family dwelling, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes a complete kitchen space and sanitary facilities and working space reserved for, and regularly used by,one or more occupants of the unit. Multiplex. A medium- or large-sized structure consisting of side-by-side and/or stacked dwelling units, typically with one shared entry. This building type has the appearance of a medium- to large-size family home and is appropriately scaled to fit in medium density neighborhoods and/or medium- to high- intensity corridors. Neighborhood Green. A public open space type for unstructured recreation that may be spatially defined by landscaping rather than building facades. Neighborhood Park. Medium- to small-sized parks providing opportunities for neighborhood social life and recreation. Parapet. A low wall along the edge of a roof or the portion of a wall that extends above the roof line. Pasco. A pedestrian lane located and designed to reduce the required walking distance within a neighborhood. Pocket Parks. A type of public open space that provides small-scale public urban open space intended to provide recreational opportunities where space is limited in close proximity to neighborhood residences. Porch.A building entrance and facade type where the facade is set back from the property line and has a set of stairs and landing attached to the facade.Porches may be open on two or three sides and may be covered or uncovered. Public Realm. The physical and social domain of the public that is held in common either by their physical presence or by visual association. This includes,but is not limited to plazas, squares,parks, thoroughfares,public frontages,private frontages, civic buildings, and open spaces. Rowhouse. A dwelling that shares a party wall with another of the same type placed side-by-side with individual entries along the front and dedicated private open space for each unit typically located in the rear. Shopfront. A building entrance and facade type, typically for commercial and retail use,where the facade is aligned close to the property line with the building entrance at the level of the sidewalk. Sidewalk. The portion of a right-of-way that is paved and intended exclusively for pedestrian use, and often installed between the curb and adjacent property lines. Stoop. A building entrance and facade type where the facade is aligned close to the property line with the first story elevated from the sidewalk sufficiently to secure privacy for first-story windows and the entrance usually as an exterior stair and landing. Terrace. A building entrance and facade type where the main facade of the building is at or near the property line with an elevated terrace providing public circulation along the facade. Thoroughfares. A right-of-way for use by vehicular,pedestrian, and bicycle traffic that provides access to lots and open spaces, and that incorporates vehicular lanes and public frontages. Town Square. A type of public open space providing a public urban open space for civic purposes, commercial activity,unstructured recreation, and other passive uses. Squares are defined by buildings and tree-lined streets with open shelters,paths, lawns, and trees formally arranged. Transparency. The area of a building facade,usually applied to the ground floor of a building,that must contain a minimum amount of transparent glass. Unit. A discrete portion of a building used for habitable space. Upper Floor. A floor in a building containing habitable space that is located above the ground floor. Exhibit B Rancho y s Cucamonga j I---- 3 --_ � Zoning(Parcel Changes Only) ts ■ i � INK m. MUlit --------- z - Exhibit B 1 Ordinance No. 1015 - Page 6 of 7 Exhibit C Rancho ;al Cucamonga Zoning Map w _ ! fa y a �� 11 or �V� �. IF �� �v; IN Sw film -.Co Exhibit C Ordinance No. 1015 - Page 7 of 7