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HomeMy WebLinkAbout2025-05-27 - ORDINANCES - APPROVE MC 24 112 AMEND SCMC OTNSP LCP SCPORDINANCE NO. 25-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING MASTER CASE 24-112, CONSISTING OF UNIFIED DEVELOPMENT CODE 24-001 (UDC24-001) AND SPECIFIC PLAN AMENDMENT 24-001 (SP24-001), AMENDING THE SANTA CLARITA MUNICIPAL CODE, OLD TOWN NEWHALL SPECIFIC PLAN, LYONS CORRIDOR PLAN, AND SOLEDAD CANYON ROAD CORRIDOR PLAN AS SHOWN IN EXHIBITS A-H THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. FINDINGS OF FACT FOR MASTER CASE 24-112. The City Council makes the following findings of fact: A. The City of Santa Clarita (City) periodically prepares updates to the Santa Clarita Municipal Code (SCMC), including the zoning regulations (Title 17), and to the City's specific plans and corridor plans; B. Title 17 of the SCMC was last updated in July 2022; the Old Town Newhall Specific Plan (OTNSP) was last updated in May 2022; and the Lyons Corridor Plan (LCP) and Soledad Corridor Plan (SCP) were last updated in December 2020; C. The project was duly noticed in accordance with the public hearing noticing requirements of the SCMC, and a one -eighth page advertisement was placed in The Signal Newspaper on April 1, 2025; D. The City reviewed the project's environmental impacts pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and the CEQA Guidelines (14 California Code of Regulations §§15000, et seq.; collectively, CEQA); E. City staff presented the project to the City Council Development Committee on February 18, 2025; F. The Planning Commission held a duly noticed public hearing on this issue commencing on March 18, 2025, at 6:00 p.m., or later, at City Hall, 23920 Valencia Boulevard, Santa Clarita, California; G. At the hearing described above, the Planning Commission considered a staff presentation, staff report, and public testimony on the SCMC, OTNSP, LCP, and SCP amendments proposed as part of this project. At the close of the public hearing, the Planning Commission in a 5-0 vote, recommended the City Council approve Master Case 24-112 and its associated entitlements, as shown in Exhibits A-H, which are incorporated by reference; Page 1 of 7 ��� H. The project was placed on the agenda for the regular City Council meeting on April 22, 2025. Prior to opening the public hearing, the City Council voted 4-0 to continue the item to May 13, 2025; I. The City Council held a duly noticed hearing on Master Case 24-112 on May 13, 2025. At this hearing, the City Council introduced, and passed this ordinance to a second reading on May 27, 2025; and J. The City Council held a duly noticed second reading on Master Case 24-112 on May 27, 2025. This Ordinance, and its findings, are made based upon the evidence presented to the City Council at its May 13, 2025, hearing including, without limitation, the staff report submitted by the Community Development Director. SECTION 2. ENVIRONMENTAL ASSESSMENT OF MASTER CASE 24-112. Based upon the foregoing facts and findings, the City Council finds as follows: A. A Notice of Exemption for this project was -prepared in compliance with CEQA; B. The project is exempt from CEQA under CEQA Guidelines Section 15061(b)(3), the common sense exemption. The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the •-� activity in question may have a significant effect on the environment, the activity is not subject to CEQA; C. The documents and other materials that constitute the record of proceedings upon which the decision of the City Council is based is the Master Case 24-112 project file and that this project file is located within the Community Development Department and is in the custody of the Director of Community development; and D. Based upon the findings set forth above, the City Council recommends that the City Council find the Notice of Exemption for this project was prepared in compliance with CEQA. SECTION 3. GENERAL FINDINGS FOR MASTER CASE 24-112. Based on the foregoing facts and findings for Master Case 24-112, the City Council determines as follows: A. That the proposal is consistent with the General Plan; The project does not include any new development and is consistent with the General Plan's objectives, policies, and procedures. The proposed amendments will assist the City in implementing the General Plan by creating consistent planning documents and updating SCMC sections. Amendments reflect current recent legislation, streamline processes and enhance customer service, and clarify and make consistent code language ^ in an effort to keep the code relevant, useful, and helpful to the residents and businesses of the City. Page 2 of 7 B. The proposal is allowed within the applicable underlying zone and complies with all other applicable provisions of the SCMC and OTNSP; The proposed project would be consistent with the following findings of the OTNSP: OTNSP-1: That the proposed use or project is consistent with the Old Town Newhall Specific Plan. OTNSP-2: That the proposed use or project meets the development requirements for the Zone within which it is located including parking, architecture, and ground -floor uses. The proposed amendments do not require a consistency finding with the existing code or OTNSP because the project would amend the SCMC, OTNSP, LCP, and SCP in general. While no consistency finding is required, the proposed amendments would not change development densities or the City's zoning map, and the changes are considered to be minor in nature, making the amendments consistent with these aspects of the SCMC. As described above, the project does not include any new development or construction. C. The proposal will not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare, or be materially detrimental or injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located; and Nothing contained in the proposed amendments would endanger, jeopardize, or otherwise constitute a hazard to the public. The proposed amendments consist of minor updates to the SCMC, OTNSP, LCP, and SCP, and are intended to update these planning documents to reflect recent laws, development trends, and to clarify portions of the code where there are inconsistencies or ambiguity. D. The proposal is physically suitable for the site. The factors related to the proposal's physical suitabilityfor the site shall include, but are not limited to, thefollowing: The design, location, shape, size, and operating characteristics are suitable for the proposed use; 2. The highways or streets that provide access to the site are of sufficient width and are improved as necessary to carry the kind and quantity of traffic such proposal would generate; 3. Public protection services (e.g., Fire protection, Sher ff protection, etc.) are readily available; and 4. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.) is adequate to serve the site. Page 3 of 7 The proposed amendments do not include development of any specific site, and would amend the SCMC in general. The amendments are minor and do not change the scope or goals of the various planning documents or the City's General Plan. No development is proposed or would be approved by the amendments, and any future development that may occur under the revised amendments would require development review and environmental analysis at the time the projects are submitted. The City currently receives adequate service from the Los Angeles County Fire Department and the Los Angeles County Sheriffs Department. The project area is likewise served by all applicable utilities. Nothing in the proposed amendments would increase the need for fire or police protection services, or increase demand for utilities. SECTION 4. ADDITIONAL FINDINGS FOR UDC24-001. Based upon the foregoing facts and findings for Master Case 24-112 including UDC24-001, the City Council finds as follows: A. The amendments are consistent with the adjacent area, if applicable; The proposed amendments would apply to properties throughout the City and are consistent with the principles of the General Plan. No new development is included with the proposed amendments. B. The amendments are consistent with the principles of the General Plan; The proposed amendments would not alter the General Plan Land Use Map or Zoning Map, nor would the proposed amendments change development densities or population projections for the City. The proposed amendments reflect the requirements of new legislation, revise certain code sections to improve processes and clarify standards, and ensure the code is consistent and easy to interpret. Specifically, the proposed amendments would implement the following objectives and policies of the General Plan: Objective LU 1.2: Maintain the distinctive community character of villages and neighborhoods throughout the planning area by establishing uses, densities, and design guidelines appropriate to the particular needs and goals of each area. Objective LU 4.3: Enhance older commercial and industrial areas. Policy LU 4.1.4: Promote economic opportunity for all segments of the community, including small businesses and new businesses. Policy LU 4.1.5: Provide a clear and consistent planning and permitting process to encourage new development that conforms to the General Plan. Page 4 of 7 Policy LU 4.3.4: Promote business development that upgrades and revitalizes older commercial corridors, including Lyons Avenue, Railroad Avenue/Newhall Avenue, Main Street and Soledad Canyon Road, in a manner that reflects each area's character, architecture, and history. The proposed amendments are consistent with the objectives and policies listed above because they would ensure the City remains compliant with current legislation and provide planning documents that are internally consistent, easier to read, and that provide clearer direction than the existing code documents provide. The proposed amendments support the character of the City's neighborhoods and promote economic opportunities by providing development standards that are easier to understand and that provide a clear review process. C. Approval of the amendments will be in the interest of public health, convenience, safety, and general welfare and in conformity with good zoning practice; The proposed amendments would support the public health, convenience, safety, and general welfare of the community, and are in conformity with good zoning practice because the proposed amendments would standardize planning language and development standards across the planning documents, updating certain sections to reflect new legislation, clarify certain code sections for readability and ease of use, and add new land use categories that support existing and future businesses. D. The amendments are consistent with other applicable provisions of this code; and The proposed text amendments to the SCMC were drafted to be consistent with all other provisions of this code. Further, the proposed text amendments enhance consistency between the SCMC, OTNSP, LCP, and SCP. E. Is necessary to implement the General Plan and/or that the public convenience, the general welfare or good zoning practice justifies such action. The proposed amendments are consistent with the applicable provisions of the SCMC, OTNSP, LCP, and SCP and the proposed revisions would standardize language between the documents and make the documents more consistent with each other. Therefore, the amendments would promote the general welfare and public convenience and would constitute good zoning practice. SECTION 5. DETERMINATION; APPROVALS. The City Council approves Master Case 24-112, consisting of the proposed SCMC, OTNSP, LCP, and SCP amendments as described above and set forth in Exhibits A-H, which are incorporated by reference. SECTION 6. RELIANCE ON RECORD. Each and every one of the findings and determinations in this ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the Planning Page 5 of 7 r Commission in all respects and are fully and completely supported by substantial evidence in the record as a whole. SECTION 7. SUMMARIES OF INFORMATION. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact. SECTION 8. This ordinance becomes effective 30 days after its passage and adoption. SECTION 9. The City Clerk will certify to the passage of this ordinance and cause it to be published as required by law. PASSED, APPROVED, AND ADOPTED this 27th day of May 2025. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 25-1 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13t' day of May 2025. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 27t' day of May 2025, by the following vote, to wit: AYES: COUNCILMEMBERS: Ayala, McLean,Weste, Miranda NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Gibbs Page 6 of 7 AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 25-1 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). u4xle��� CITY CLERK Page 7 of 7 '+ EXHIBIT A: SCMC— REDLINE/STRIKETHROUGH Note that new proposed language is shown in blue underline and current language proposed to be removed is shown in red strikethrough. STATE AND FEDERAL LAW LEGISLATION 17.42.010(4) — Residential Use Types: c. Multifamily —includes a building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be required in accordance with the Building Code. (1) Studio-1 enclosed parking space per unit (2) One bedroom-2 enclosed parking spaces per unit (3) Two bedroom-2 enclosed parking spaces per unit (4) Guest parking-1 parking space per each two units (for complexes with more than 3 units) (5) For senior/age restricted developments, one parking space per each two units, plus required guest parking NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I I X X X X X X X P P P M'-a Ca C2 X X `Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total project units as affordable to lower income households shall be permitted without need for use permit on any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076, 2861-058-077, 2861-058-079, 2861-058- 080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084, 2861-058-085, and 2861-058-071. z Proiects subiect to and compliant with all requirements of Government Code Section 65913.4 are permitted without a conditional use permit or any other non -legislative discretionary approval 17.35, 17.43 and 17.66 Thrift Stores: 17.43.010(21) Commercial Use Types 21. Retail Sales, Specific Parking o. Second Hand Stores includes establishments selling pre -owned or used items, including, 1 space per 250 but not limited to, apparel, electronics, furniture and household goods, but does not include square feet antique, coin, vintage clothing, or sporting goods/memorabilia stores. Such establishments must be in accordance with the provisions of Section 17.66.135 (Second Hand and Thrift Stores . NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 I UR4 UR5 CR CC CN BP I X X X X X X X X X X MP MP MP X p. Swap Meets and Flea Markets —an occasional or periodic market held in an open or As determined by the enclosed structure where groups of individual sellers offer goods for sale to the public. Director NU1 NU2 NU3 NU4 NU5 URI URI UR3 UR4 I UR5 CR CC CN BP I I X X 1 X X X X X X X X C X X X C + Thrift Stores —includes a shop selling second hand goods, such as clothes, often to benefit 1 space per 250 a charity; also called thrift shop. Thrift stores may, but are not required to have, merchandise square feet, plus donation facilities. Such establishments shall be in accordance with the provisions of parking for Section 17.66.135 (Second Hand and Thrift Stores). merchandise donation facilities NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I x X Y X X X X X X X I GP CP 6P 6P X 17.35.010(B) Mixed Use Corridor (MXC) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores P C. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores g Thrift Stores gh. Vendors, Long -Term M 17.35.020(B) Mixed Use Neighborhood (NU(N) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores M C. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores MP g. Thrift Stores P h9. Vendors, Long -Term M 17.35.030(B) Mixed Use Urban Village (MXUV) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores P C. Drugstores P d. Food Stores P e. Liquor Stores C f Second Hand Stores MP �. Thrift Stores P gh Vendors, Long -Term M 17.66.135 Thrift Stores and Second Hand Stores All second hand, thrift, and other retail stores which accept donations are subject to the following, unless otherwise permitted by the Director of Communi Development through an Administrative Permit: A. Donations may only be collected within the tenant space. Any outdoor collection areas if permitted, must be screened from public view. The tenant space and surrounding property must be kept free of merchandise, donated items, litter, and refuse. B. Donations may only be collected duringthe he approved hours of operation for the store C. The donation process must be operated by store employees and all donations must be collected and received by an employee. D. Donations are an accessory use to the primary retail use and must be limited to 10 percent of the square footage of the store. E. All merchandise, collected donations, and other materials must be stored entirely within the tenant space. No outdoor storage may be permitted. F. Metal storage containers are prohibited. G. Any exterior improvements, such as facade changes, striping and site design, or accessory structures related to donations and collections are subject to the appropriate review process including architectural design review and development review. H. Prior to any permit issuance, the store operator must provide a plan describing how donations will be processed, resold, and disposed of, to the Director for review and approval. I. Donations must be managed in order to prevent any public nuisance. Any dumping at the tenant space is the responsibility of the store and must be removed immediately_ J. All signa e is s subject to separate permit and must be in accordance with Section 17.51.080. The Director may require signage as needed in regards to donations, hours of operation, prohibitions of dumping, and other regulations as needed. 17.51.060(N) — Modification of Off -Street Parking Requirements: 4. Parking Within One -Half Mile of a Major Transit Stop. Except as otherwise provided, parking standards established by this code for developments within one-half mile of a maior transit stop may not be imposed. Parking standards within one-half mile of a major transit stop may, however, be imposed when the approving authority finds upon substantial evidence that failing to impose such parking standards would substantially impact a) the City's ability to meet its share of housing for low and very low income households as established by the Housing Element of the General Plan; (b) the Ci 's ability to meet special housing needs for the elderly or persons with disabilities; or (c) existing residential or commercial parking within one-half mile of the proiect site. A request for a reduction in the number of parking spaces required by this code and all specific and corridor plans identified in this code is subject to the following requirements: a. Parking Demand Study. To ensure that waiving the minimum parking standards in a development would not substantially negatively� impact existing residential or commercial parking within one-half mile of a project, any proiect seeking to avoid the parking standards of this code in accordance with California law must provide a parking demand study for the proposed project, conducted by a licensed traffic engineer or other traffic professional acceptable to the Director. The parkin; demand study must demonstrate that there is not a negative impact and identify the amount of on -site parking required to prevent a negative impact. The parking demand study is a requirement of the City's entitlement submittal checklists, and a project application may not be deemed complete until a satisfactory parking demand study is submitted to and approved by the Director of Community Development. b. Conditions of Approval. The approving authority may impose conditions governing the duration of the permit; operation of the land use; regulation of hours of operation,• or such other conditions that the approving authority may deem necessary to ensure the compatibility of the use with surrounding uses and to preserve the public health safe or welfare. c. Permit Does Not Run with the Land Approval for a reduction of parking within one- half mile of a major transit stop is valid as long as the specific land use(s) remains including, without limitation tenancy, hours of operation services or goods offered and a mix activities within the use. The permit does not run with the land An change in land use requires_ a_reevaluation of the parking, standards. 17.57.040(L) — Accessory Dwelling Units: 17.57.040(L)(2) d. Height. Accessory dwelling units shall -must not exceed sateen (164 feet in height unless constructed completely within an existing structure or otherwise permitted below. Height shall be measured as defined in Seetions 17.03.030(C) and ADUF, that eiweed sixteen (Wi) aAccessory dwelling units may be permitted additional height as described below: i. Where an attached accessory dwelling unit is located on a single-family or multifamily parcel, the accessory dwelling unit must not exceed 25 feet in height or the maximum height permitted for the primary dwelling by the zone whichever is lower. An accessory dwelling, unit is not permitted to exceed two stories in height. ii. Where a detached accessory dwelling unit on a single-family parcel or a multifamily parcel is located within a one-half mile walking distance of public transit the accessory dwelling unit must not exceed 18 feet in height as measured at the top plate of the structure An additional two feet, for a total height of 20 feet may be permitted only to provide a minimum roof pitch of 2:12. The roof pitch must be consistent with the primary unit to utilize this provision. iii. Where a detached accessory dwelling unit is located on a lot with an existing or proposed multifamily, multistory dwelling unit the accessory dwelling unit may not exceed 18 feet in height. Accessory dwelling units may not exceed the heights described above unless an adjustment permit is granted pursuant to Section 17.24.100. f. Parking. One (1) standard parking space (nine (9) feet wide by eighteen (18) feet deep) is required for each new construction accessory dwelling unit. The required parking space shall be am" ." located on the same parcel upon which the primary dwelling unit and the accessory dwelling unit are located. i. Notwithstanding the above, no parking is required for an accessory dwelling unit if: (A) the accessory dwelling unit is within one-half (1/2) mile walking distance of public transit, (B) the accessory dwelling unit is entirely within the proposed or existing primary residence or accessory structure, (C) the accessory dwelling unit has no bedrooms, (D) when on -street parking permits are required but not offered to the accessory dwelling unit, or (E) where there is a car share vehicle located within one (1) block of the accessory dwelling unit. ii. Where a garage, carport, er covered parking space, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking is not required for the primary unit, except that replacement parking is required for the primary unit where a junior accessory dwelling unit is constructed in an attached garage. 17.5 7.040(L)(3)(b) ii. Detached Accessory Dwelling Units. Not more than eight (8) detached accessory dwelling units are permitted on a lot with an existing multifamily dwelling_ provided that the number of accessory dwelling units does not exceed the number of existing units on the lot. Not more than two (2) detached accessory dwelling units are permitted per lot with a T?ronos,�i __�Itifamily dwelling. Each accessory dwelling unit shall have at least four (4) foot side and rear yard setbacks and be no more than sixteen (16) feet in height. Required parking, open space, or other amenities or site improvements required by the conditions of approval that are demolished to construct these accessory dwelling units shall be replaced on site prior to occupancy of the first accessory dwelling unit. Detached accessory dwelling units are not permitted on a lot that includes one (1) or more attached accessory dwelling units. 17.69.030(F) — Co -locations and Modifications on All Property Other Than City Right -of - Way. 4. A proposal that includes excavation or deployment of equipment outside the current wireless communications facility site, except that, for towers other than towers in the public right-of-wa it entails any excavation or deployment of transmission equipment outside the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site. For the purposes of this provision, "outside of the current wireless communications facility site" means: a. Outside the boundaries of the controlled, leased or owned property surrounding the wireless tower and base station and any access or utility easements related to the site as shown on the approved plans with respect to a facility outside of a public right-of-way; and /\ b. Outside the proximity of the footprint of the existing ground -mounted transmission equipment with respect to a facility that extends into the public right-of-way. STREAMLINING & CUSTOMER SERVICE 17.38.015 JC — Jobs Creation Overlay Zone: 5. Appeals. If a written request for an appeal to the Planning Commission is received prior to the close of business on the twenty-first day after the notice is dated, a public hearing with the Planning Commission shall be scheduled. Appeals shall be conducted consistent with Section 17.07.040. If the request for a public hearing is rescinded prior to the noticing of the public hearing, no public hearing will be required. Where a project utilizing the provisions of the JC overlay zone is considered in a public hearing a written request for an appeal must be received before the close of business on the 15' day after the decision 17.55.020(A)(1)(b) — Mixed Use Development Standards: b. MXC and MXUV Zones. Buildings and structures in the MXC and MXUV zones may be permitted a height of up to fifty (50) feet. Buildings and structures exceeding fifty (50) feet in height shall require approval of a conditional use permit. i. At the Director's discretion, architectural treatments may exceed 50 feet in height without a conditional use permit; provided, that (1) the addition does not exceed 10 feet in height (for a maximum height of 60 feet); (2) that the allowance would be compatible with the architectural design; and (3) that the allowance would provide additional articulation that could otherwise not be achieved within 50 feet. 17.53.020 Commercial and Industrial Development Standards W. Mobile Pickup Areas. Parking stalls dedicated to mobile order pickup or other pickup services for commercial retail businesses must comply with all commercial development standards unless otherwise approved by the Director. The following standards will apply to any mobile order pickup or similar pickup area located in a commercial parking lot: 1. Any canopies or other structures must be architecturally consistent with the existing commercial buildings on site, and are subiect to an Architectural Design Review. 2. All new lighting must meet the requirements of this code and be shielded and may not spill over to adjacent properties. .n% 3. A clear and safe path of travel must be provided between the commercial use and mobile pickup area. Walkways must be designed to ensure pedestrian safety and effective traffic flow. 4. Parking stalls and loading zones must comply with all parking dimensions and standards identified in this code. Sufficient loading areas must be provided for all parking stalls. 5. A permanent pedestrian ramp must be installed if no existing ramp is provided to allow carts to access the pickup area from the commercial business. 6. Parking, stalls for mobile pickup areas are counted as required parking for a business. 7. Modifications to drive aisles or driveway, or other changes to the configuration of the site are subject to the Development Review process. 8. No si nage is permitted except as otherwise allowed by this code as to private property WX. Unless otherwise stated in Chapter 17.47 (Temporary Use Types), the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or permanent, is prohibited in all zones. (Ord. 13-8 § 4 (Exhs. A, D), 6/11/13; Ord. 20-10 § 6, 12/8/20) 17.43 and 17.38 Golf Cart and Low Speed Vehicle Sales and Services 17.43.010(27)(d) — Vehicle Sales and Services d. Meter-eyete-Personal/Other Vehicle Sales and Services —includes establishments primarily 1 space per each engaged in the sale, repair, rental and/or servicing of motorcycles, motorized bikes, all -terrain 400 square feet vehicles, golf carts, low -speed vehicles, -and personal watercraft, and other similar vehicles. NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X x X x x X X x x X C C C M M 17.38.100 VS — Vehicle Services Overlay Zone 1. Vehicle Sales and Services a. Automobile and Light Truck Sales and Services i. Body Repair and Painting M ii. Commercial Storage M iii. Gas Sales P iv. Repair and/or Maintenance P v. (A) I Sales x (B) I Rentals P b. Boat and Camper/R.V. Sales and Services i. Commercial Storage 'V( ii. Repair P iii. Sales and Rental P c. MeteFF,yele-personal/Other Vehicle Sales and Services P 17.57 - Solar Batteries and Enemy Storage Devices: 17.57.020 - Residential Development Standards H. Modifications of Garages. Conversions of existing required garages into habitable space are permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements. Modifications shall- are not be -permitted which reduce the interior dimensions to less thanjwenty4203 feet by twswy{20) feet for two (}car garages, or two ( }ten -kW) foot by teeny-{20_+foot garages in the case of single car garages. Clear entry shall must be provided for all garages at a minimum of siiaeefl (16) feet for two (2 car garages and eight f8}feet for single car garages. Accessory dwelling units located within a garage shall-beare subject to Section 17.57.040(L). Wall -mounted equipment within the minimum required garage space identified above must clear a minimum of three and a half feet above the ground and may not impede vehicle parking. 17.57.050 - Distance Between Buildings C. Projections Permitted Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard: 1. Eaves and cantilevered roofs; 2. Fireplace structures, buttresses and wing walls; 3. Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses; 4. Awnings and canopies; 5. Water heaters, water softeners, wall -mounted air conditioning units, electric vehicle chargers, solar batteries and other energy storage equipment, gas or electric meters, including service conductors and pipes, or other similar utilities as determined by the Director; 9 6. Stairways and balconies above the level of the first floor. 17.57.040(K) —Accessory Structure/Outbuilding: a. The parcel shall be zoned any of the following categories: NU1, NU2, NU3, NU4, NU5, URI, UR2, UR3, UR4, UR5, MXC, MXN, MXUV, PI, OS, OS -A, OS-NF, or OS-BLM. b. The parcel shall contain a legal single-family dwelling as the primary use (primary dwelling unit). - �. A. U c. The number of accessory structures/outbuildings .permitted per parcel is as follows: i. For parcels less than 20,000 square feet in size, a maximum of one accessory structure/outbuilding is permitted. ii. For parcels that are at least 20,000 square feet, but less than one acre in size, a maximum of two accessory structure/outbuildings are permitted. iii. For parcels that are one acre or greater in size, a maximum of three accessory structure/outbuildings are permitted. iv. Additional accessory structures/outbuildings beyond the number described above may be permitted if a minor use permit is obtained. v. Additional accessory structures/outbuildings which do not require a building permit (e.g. storage sheds) may be permitted at the discretion of the Director. 17.66.030(D) — Drive -Through Uses: D. All drive -through uses shall have a queuing analysis on file with the Planning Division that details the anticipated operations for the existing or proposed drive -through use. Construction and operation of drive through uses shall comply with the queuing analysis and provide the designated vehicle stacking capacity identified in the analysis. The queuing analysis must include at least one local example of the proposed use or, if none is operational in the City he analysis must include one comparable local use. However, at no time shall a proposed drive - through use provide vehicle stacking capacity any less than the following minimums: 10 .uft 23.30 — Public Nuisances: 23.30.020 Definitions "Hosting platform" means a person or entity who collects or receives a fee subscription commission, or other consideration for conducting a booking transaction for home -sharing or vacation rental using_ any medium of facilitation "Responsible person" means any person or entity, who is an owner or an agent occupant tenant manager, or representative of an owner, that allows causes commits or maintains any public nuisance violation, as defined by this code to exist by any act or the omission of any act or duty. A responsible person is liable for all costs related to a public nuisance violation regardless of whether the responsible person was present at the real property at the time of the violation Prior knowledge of Code violations is not required for a finding that an individual is a responsible person. 23.30.040 Nuisances Designated It is unlawful and it is declared to be a public nuisance for any responsible person egg; leasing, "t'',''"b, ^s having ehar-ge @F possession of or hosting_ platform to allow, cause commit, or maintain any property within the City in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: CONSISTENCYAND CLEANUP ITEMS 17.26.130 — Ridgeline Alteration Permit: B. Applicability. A ridgeline alteration permit shall be filed as a Class V application, subject to this chapter. The reviewing authority shall review an application for a ridgeline alteration permit for any development, including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the ridgeline preservation overlay zone. Exceptions include minor improvements to existing, developed, single-family homes and property, where the Director may approve projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures. A proposed development may also be exempt from the RP overlay 70-ne in accor-larc.le with Section 17.38.070(B). When limited in scope and associated with existing single-family residences, the Director may also review projects, or may refer projects to the Planning Commission and/or City Council that require grading of large, flat areas, such as sports courts or riding rings. 17.48.010(27) — Gating of Access and Roadways: d. Commercial property gating in accordance with Section 17.66.050. NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X MAP API APM APM APM 02.26.050 — Duties: G. If requested, R-eviereview proposals for acquisition of property for street, park or other public purposes and report to the appropriate City department as to conformity thereof with the general plan. Notwithstanding any other regulation in this code, the City Council will act as the Planning Agencyfor or all projects requiring findings of General Plan consistency in accordance .•. with Government Code � 65402. 17.49.010 — Development Activities/Miscellaneous Use Types: 7. Railroad Rights -of -Way Includes the following uses within railroad rights -of -way: a. Operational Activitiesincludesactivities related to the operation of the railroad, including, but not limited to, stations, transit stops, and park and ride facilities. NUl I NU2 I NU3 I NU4 I NUS I URl I UR2 UR3 I UR4 I UR5 CR CC I CN I BP I 12 97. Railroad Rights -of -Way X X X X X X X X X X X X X X X b. Accessory Activities/Uses—includes trails, bike paths, sidewalks, picnic areas, passive park activities, and landscaping. NUI NU21NU31NU4[NU51UR11UR21UR31UR41UR51CRICCICNI BPI I X X I X I X I X I X I X I X I X I X I X X 1 X 1 X I X c. Storage —includes the storage of any materials, vehicles, goods, and supplies not related to subsection (8)(a) of this section. NU1 NU2 NU3 NU4 NUS URl [UXKFUR3 UR4 UR5 CR CC CN BPX X X X X I X X X X X X X X 17.43.010(27)(a) — Automobile and Light Truck Sales and Services: (2) Commercial Storage —includes facilities providing overnight and/or long-term storage of As determined automobiles usually, but not always, for a fee, but excludes impound yards. This is an independent by the Director use type and does not include parking that is required for uses pursuant to this code. Typical uses include commercial parking garages. 17.57.060(H) — Setbacks 2. Ground -mounted air conditioners, swimming pool pumps, waterfalls (not exceeding six (6) feet in height), heaters, filters and fans may be located in required rear yards; provided, that they are located not closer than two and one-half (2 1/2) feet to any lot line. These items, as well as other similar appurtenances, are not permitted in the required side yard. Backup generators for incidental, emergency use and any associated equipment or fuel tanks must be located at least five feet from the side and rear property lines: must be screened from view-, and otherwise comply with this code. 3. Unenclosed stairways and balconies above the level of the finished elevation of the first floor attached to the primary structure may project a maximum of five (5) feet into a required rear yard; provided, however, that an open work railing not to exceed three and one-half (3 1/2) feet in height may be installed. 4. Swimming pools and spas are permitted in required rear yards; provided, that they are located not closer than five (5) feet from any property line. The setback shall be measured from the water line of a sunken pool or spa or from the structure of an above -ground pool or spa. 5. Structures not exceeding one (1) foot above ground level may be used in any required yard. 13 6. Built-in barbecues, fire pits, detached fireplaces and built-in entertainment centers shall be five (5) feet away from property lines and less than ten (10) feet in height, including smoke stacks and chimneys. 7. Except as described elsewhere in this code, accessory buildings and structures, including detached atio covers, may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line. 14 Iam.11: Y SCMC— PROPOSED AMENDMENTS STATE AND FEDERAL LAW LEGISLATION 17.42.010(4) — Residential Use Types: c. Multifamily —includes a building designed and intended for occupancy by three (3) or more families living independently of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord. Includes apartments, townhomes, row houses, triplexes, and fourplexes. Accessible parking stalls shall be required in accordance with the Building Code. (1) Studio-1 enclosed parking space per unit (2) One bedroom-2 enclosed parking spaces per unit (3) Two bedroom-2 enclosed parking spaces per unit (4) Guest parking-1 parking space per each two units (for complexes with more than 3 units) (5) For senior/age restricted developments, one parking space per each two units, plus required guest parking NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC I N BP I I X X X X X X X P P P M'• 2 C2 C2 X X ' Notwithstanding the above, a multifamily project that includes at least twenty percent (20%) of total project units as affordable to lower income households shall be permitted without need for use permit on any of the following parcels: 2861-058-072, 2861-058-073, 2861-058-074, 2861-058-075, 2861-058-076, 2861-058-077, 2861-058-0795 2861-058- 080, 2861-058-081, 2861-058-082, 2861-058-083, 2861-058-084, 2861-058-085, and 2861-058-071. 2 Projects subject to and compliant with all requirements of Government Code Section 65913.4 are permitted without a conditional use permit or any other non -legislative discretionary approval. 17.35, 17.43 and 17.66 Thrift Stores: 17.43.010(21) Commercial Use Types 21. Retail Sales, Specific Parking o. Second Hand Stores —includes establishments selling pre -owned or used items, including, 1 space per 250 but not limited to, apparel, electronics, furniture and household goods, but does not include square feet antique, coin, vintage clothing, or sporting goods/memorabilia stores. Such establishments must be in accordance with the provisions of Section 17.66.135 (Second Hand and Thrift Stores). NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I I X X X X X X X X X X P P P P X p. Swap Meets and Flea Markets —an occasional or periodic market held in an open or As determined by the enclosed structure where groups of individual sellers offer goods for sale to the public. Director NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I I X X X X X X X X X X C X X X C q. Thrift Stores —includes a shop selling second hand goods, such as clothes, often to benefit 1 space per 250 a charity; also called thrift shop. Thrift stores may, but are not required to have, merchandise square feet, plus donation facilities. Such establishments shall be in accordance with the provisions of parking for Section 17.66.135 (Second Hand and Thrift Stores). merchandise donation facilities NU1 NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X P P P P X 17.35.010(B) Mixed Use Corridor (MXC) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores P C. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores P g. Thrift Stores P h. Vendors, Long -Term M 17.35.020(B) Mixed Use Neijzhborhood (MN) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores M C. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores P g. Thrift Stores P h. Vendors, Long -Term M 17.35.030(B) Mixed Use Urban Village (MXUV) Zone Permitted Uses Commercial Use Types 12. Retail Sales, General P 13. Retail Sales, Specific a. Department Stores M b. Discount Stores P C. Drugstores P d. Food Stores P e. Liquor Stores C f. Second Hand Stores P g. Thrift Stores P h. Vendors, Long -Term M 17.66.135 Thrift Stores and Second Hand Stores All second hand, thrift, and other retail stores which accept donations are subject to the following, unless otherwise permitted by the Director of Community Development through an Administrative Permit: A. Donations may only be collected within the tenant space. Any outdoor collection areas, if permitted, must be screened from public view. The tenant space and surrounding property must be kept free of merchandise, donated items, litter, and refuse. B. Donations may only be collected during the approved hours of operation for the store. C. The donation process must be operated by store employees and all donations must be collected and received by an employee. D. Donations are an accessory use to the primary retail use and must be limited to 10 percent of the square footage of the store. E. All merchandise, collected donations, and other materials must be stored entirely within the tenant space. No outdoor storage may be permitted. F. Metal storage containers are prohibited. G. Any exterior improvements, such as fagade changes, striping and site design, or accessory structures related to donations and collections are subject to the appropriate review process, including architectural design review and development review. H. Before the Director issues any permit, the store operator must provide a plan describing how donations will be processed, resold, and disposed of, to the Director for review and approval. I. Donations must be managed in order to prevent any public nuisance. Any dumping at the tenant space is the responsibility of the store and must be removed immediately. All signage is subject to separate permit and must be in accordance with Section 17.51.080. The Director may require signage as needed in regards to donations, hours of operation, prohibitions of dumping, and other regulations as needed. 17.51.060(N) — Modification of Off -Street Parkin Requirements: 4. Parking Within One -Half Mile of a Major Transit Stop. Except as otherwise provided, parking standards established by this code for developments within one-half mile of a major transit stop may not be imposed. Parking standards within one-half mile of a major transit stop may, however, be imposed when the approving authority finds upon substantial evidence that failing to impose such parking standards would substantially impact (a) the City's ability to meet its share of housing for low and very low income households as established by the Housing Element of the General Plan; (b) the City's ability to meet special housing needs for the elderly or persons with disabilities; or (c) existing residential or commercial parking within one-half mile of the project site. A request for a reduction in the number of parking spaces required by this code and all specific and corridor plans identified in this code is subject to the following requirements: a. Parking Demand Study. To ensure that waiving the minimum parking standards in a development would not substantially negatively impact existing residential or commercial parking within one-half mile of a project, any project seeking to avoid the parking standards of this code in accordance with California law must provide a parking demand study for the proposed project, conducted by a licensed traffic engineer or other traffic professional acceptable to the Director. The parking demand study must demonstrate that there is not a negative impact and identify the amount of on -site parking required to prevent a negative impact. The parking demand study is a requirement of the City's entitlement submittal checklists, and a project application may not be deemed complete until a satisfactory parking demand study is submitted to and approved by the Director. b. Conditions of Approval. The approving authority may impose conditions governing the duration of the permit; operation of the land use; regulation of hours of operation; or such other conditions that the approving authority may deem necessary to ensure the compatibility of the use with surrounding uses, and to preserve the public health, safety, or welfare. c. Permit Does Not Run with the Land. Approval for a reduction of parking within one- half mile of a major transit stop is valid as long as the specific land use(s) remains including, without limitation, tenancy, hours of operation, services or goods offered and a mix activities within the use. The permit does not run with the land. Any change in land use requires a reevaluation of the parking standards. 17.57.040(L) — Accessory Dwelling Units: 17.57.040(L)(2) d. Height. Accessory dwelling units must not exceed 16 feet in height unless constructed completely within an existing structure or otherwise permitted below. Accessory dwelling units may be permitted additional height as described below: ^ i. Where an attached accessory dwelling unit is located on a single-family or multifamily parcel, the accessory dwelling unit must not exceed 25 feet in height or the maximum height permitted for the primary dwelling by the zone, whichever is lower. An accessory dwelling unit is not permitted to exceed two stories in height. ii. Where a detached accessory dwelling unit on a single-family parcel or a multifamily parcel is located within a one-half mile walking distance of public transit, the accessory dwelling unit must not exceed 18 feet in height as measured at the top plate of the structure. An additional two feet, for a total height of 20 feet, may be permitted only to provide a minimum roof pitch of 2:12. The roof pitch must be consistent with the primary unit to utilize this provision. M. Where a detached accessory dwelling unit is located on a lot with an existing or proposed multifamily, multistory dwelling unit, the accessory dwelling unit may not exceed 18 feet in height. Accessory dwelling units may not exceed the heights described above, unless an adjustment permit is granted pursuant to Section 17.24.100. f. Parking. One (1) standard parking space (nine (9) feet wide by eighteen (18) feet deep) is required for each new construction accessory dwelling unit. The required parking space shall be on" 5 located on the same parcel upon which the primary dwelling unit and the accessory dwelling unit are located. i. Notwithstanding the above, no parking is required for an accessory dwelling unit if: (A) the accessory dwelling unit is within one-half (1/2) mile walking distance of public transit, (B) the accessory dwelling unit is entirely within the proposed or existing primary residence or accessory structure, (C) the accessory dwelling unit has no bedrooms, (D) when on -street parking permits are required but not offered to the accessory dwelling unit, or (E) where there is a car share vehicle located within one (1) block of the accessory dwelling unit. ii. Where a garage, carport, covered parking space, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement parking is not required for the primary unit, except that replacement parking is required for the primary unit where a junior accessory dwelling unit is constructed in an attached garage. 17.57.040(L)(3)(b) ii. Detached Accessory Dwelling Units. Not more than eight detached accessory dwelling units are permitted on a lot with an existing multifamily dwelling, provided that the number of accessory dwelling units does not exceed the number of existing units on the lot. Not more than two detached accessory dwelling units are permitted per lot with a proposed multifamily dwelling. Each accessory dwelling unit shall have at least four foot side and rear yard setbacks and be no more than 16 feet in height. Required parking, open space, or other amenities or site improvements required by the conditions of approval that are demolished to construct these accessory dwelling units shall be replaced on site prior to occupancy of the first accessory dwelling unit. Detached accessory dwelling units are not permitted on a lot that includes one or more attached accessory dwelling units. 17.69.030(F) — Co -locations and Modifications on All Property Other Than City Right -of - Way: 4. A proposal that includes excavation or deployment of equipment outside the current wireless communications facility site, except that, for towers other than towers in the public right-of-way, it entails any excavation or deployment of transmission equipment outside the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently related to the site. For the purposes of this provision, "outside of the current wireless communications facility site" means: a. Outside the boundaries of the controlled, leased or owned property surrounding the wireless tower and base station and any access or utility easements related to the site as shown on the approved plans with respect to a facility outside of a public right-of-way; and M b. Outside the proximity of the footprint of the existing ground -mounted transmission equipment with respect to a facility that extends into the public right-of-way. STREAMLINING & CUSTOMER SERVICE 17.38.015 JC — Jobs Creation Overlay Zone: 5. Appeals. If a written request for an appeal to the Planning Commission is received prior to the close of business on the twenty-first day after the notice is dated, a public hearing with the Planning Commission shall be scheduled. Appeals shall be conducted consistent with Section 17.07.040. If the request for a public hearing is rescinded prior to the noticing of the public hearing, no public hearing will be required. Where a project utilizing the provisions of the JC overlay zone is considered in a public hearing, a written request for an appeal must be received before the close of business on the 15th day after the decision. . 17.55.020(A)(1)(b) —.Mixed Use Development Standards: b. MXC and MXUV Zones. Buildings and structures in the MXC and MXUV zones may be permitted a height of up to fifty (50) feet. Buildings and structures exceeding fifty (50) feet in height shall require approval of a conditional use permit. r-" i. At the Director's discretion, architectural treatments may exceed 50 feet in height without a conditional use permit; provided, that (1) the addition does not exceed 10 feet in height (for a maximum height of 60 feet); (2) that the allowance would be compatible with the architectural design; and (3) that the allowance would provide additional articulation that could otherwise not be achieved within 50 feet. 17.53.020 Commercial and Industrial Development Standards W. Mobile Pickup Areas. Parking stalls dedicated to mobile order pickup or other pickup services for commercial retail businesses must comply with all commercial development standards unless otherwise approved by the Director. The following standards will apply to any mobile order pickup or similar pickup area located in a commercial parking lot: 1. Any canopies or other structures must be architecturally consistent with the existing commercial buildings on site, and are subject to an Architectural Design Review. 2. All new lighting must meet the requirements of this code and be shielded and may not spill over to adjacent properties. 3. A clear and safe path of travel must be provided between the commercial use and mobile pickup area. Walkways must be designed to ensure pedestrian safety and effective traffic flow. 4. Parking stalls and loading zones must comply with all parking dimensions and standards identified in this code. Sufficient loading areas must be provided for all parking stalls. 5. A permanent pedestrian ramp must be installed, if no existing ramp is provided, to allow carts to access the pickup area from the commercial business. 6. Parking stalls for mobile pickup areas are counted as required parking for a business. 7. Modifications to drive aisles or driveways, or other changes to the configuration of the site are subject to the Development Review process. 8. No signage is permitted except as otherwise allowed by this code as to private property. X. Unless otherwise stated in Chapter 17.47 (Temporary Use Types), the occupancy of vehicles, including recreational vehicles, trailers, or vessels, as a residence, temporary or permanent, is prohibited in all zones. 17.43 and 17.38 Golf Cart and Low Speed Vehicle Sales and Services 17.43.010(27)(d) — Vehicle Sales and Services d. Personal/Other Vehicle Sales and Services —includes establishments primarily engaged in 1 space per each the sale, repair, rental and/or servicing of motorcycles, motorized bikes, all -terrain vehicles, golf 400 square feet carts, low -speed vehicles, personal watercraft, and other similar vehicles. NU1 I NU2 I NU3 I NU4 I NUS I URl I UR2 I UR3 I UR4 I URS I CR CCICNIBPI I I X I X I X I X I X I X I X I X I X I X I C ICICIMIMI 17.38.100 VS — Vehicle Services Overlay Zone 1. Vehicle Sales and Services a. Automobile and Light Truck Sales and Services i. Body Repair and Painting M ii. Commercial Storage M iii. Gas Sales P iv. Repair and/or Maintenance P v. (A) Sales X (B) Rentals P 8 b. Boat and Camper/R.V. Sales and Services i. Commercial Storage M ii. Repair P iii. Sales and Rental P c. Personal/Other Vehicle Sales and Services P 17.57 — Solar Batteries and Energy Storage Devices: 17.57.020 — Residential Development Standards H. Modifications of Garages. Conversions of existing required garages into habitable space are permitted only following the issuance of a certificate of occupancy for a new garage consistent with the residential parking requirements. Modifications are not permitted which reduce the interior dimensions to less than 20 feet by 20 feet for two car garages, or two ten -foot by 20-foot garages in the case of single. car garages. Clear entry must be provided for all garages at a minimum of 16 feet for two car garages and eight feet for single car garages. Accessory dwelling units located within a garage are subject to Section 17.57.040(L). Wall -mounted equipment within the minimum required garage space identified above must clear a minimum of three and a half feet above the ground and may not impede vehicle parking. 17.57.050 — Distance Between Buildings C. Projections Permitted Between Buildings. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as and not closer to a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard: 1. Eaves and cantilevered roofs; 2. Fireplace structures, buttresses and wing walls; 3. Rain conductors and spouts, water tables, sills, capitals, cornices and belt courses; 4. Awnings and canopies; 5. Water heaters, water softeners, wall -mounted air conditioning units, electric vehicle chargers, solar batteries and other energy storage equipment, gas or electric meters, including service conductors and pipes, or other similar utilities as determined by the Director; 6. Stairways and balconies above the level of the first floor. 17.57.040(K) —Accessory Structure/Outbuilding: a. The parcel must be zoned any of the following categories: NU I, NU2, NU3, NU4, NU5, UR1, UR2, UR3, UR4, UR5, MXC, MXN, MXUV, PI, OS, OS -A, OS-NF, or OS-BLM. b. The parcel must contain a legal single-family dwelling as the primary use (primary dwelling unit). c. The number of accessory structures/outbuildings permitted per parcel is as follows: i. For parcels less than 20,000 square feet in size, a maximum of one accessory structure/outbuilding is permitted. ii. For parcels that are at least 20,000 square feet, but less than one acre in size, a maximum of two accessory structure/outbuildings are permitted. iii. For parcels that are one acre or greater in size, a maximum of three accessory structure/outbuildings are permitted. iv. Additional accessory structures/outbuildings beyond the number described above may be permitted if a minor use permit is obtained. v. Additional accessory structures/outbuildings which do not require a building permit (e.g. storage sheds) may be permitted at the discretion of the Director. 17.66.030(D) — Drive -Through Uses: D. All drive -through uses shall have a queuing analysis on file with the Planning Division that details the anticipated operations for the existing or proposed drive -through use. Construction and operation of drive through uses shall comply with the queuing analysis and provide the designated vehicle stacking capacity identified in the analysis. The queuing analysis must include at least one local example of the proposed use or, if none is operational in the City, the analysis must include one comparable local use. However, at no time may a proposed drive - through use provide vehicle stacking capacity any less than the following minimums: 23.30 — Public Nuisances: 23.30.020 Definitions "Hosting platform" means a person or entity who collects or receives, a fee, subscription, commission, or other consideration for conducting a booking transaction for home -sharing or vacation rental using any medium of facilitation. 10 "Responsible person" means any person or entity, who is an owner or an agent, occupant, tenant, manager, or representative of an owner, that allows, causes, commits, or maintains any public nuisance violation, as defined by this code, to exist, by any act or the omission of any act or duty. A responsible person is liable for all costs related to a public nuisance violation, regardless of whether the responsible person was present at the real property at the time of the violation. Prior knowledge of Code violations is not required for a finding that an individual is a responsible person. 23.30.040 Nuisances Designated It is unlawful and it is declared to be a public nuisance for any responsible person or hosting platform to allow, cause, commit, or maintain any property within the City in such a manner that any of the conditions listed below are found to exist. This section is not the exclusive definition or designation of what constitutes a nuisance within this City. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the City, State, or any other legal entity or agency having jurisdiction. Designated public nuisances include the following: CONSISTENCYAND CLEANUP ITEMS 17.26.130 — Ridgeline Alteration Permit: B. Applicability. A ridgeline alteration permit shall be filed as a Class V application, subject to this chapter. The reviewing authority shall review an application for a ridgeline alteration permit for any development, including but not limited to grading permits, building permits and land use entitlements, in the vicinity of a generally designated significant ridgeline designated on the ridgeline preservation overlay zone. Exceptions include minor improvements to existing, developed, single-family homes and property, where the Director may approve projects that require minor grading or are limited in scope such as those regarding yard areas for pool/spa construction, landscaping, additions to existing structures or construction of accessory structures. A proposed development may also be exempt from the RP overlay zone in accordance with Section 17.38.070(B). When limited in scope and associated with existing single-family residences, the Director may also review projects, or may refer projects to the Planning Commission and/or City Council that require grading of large, flat areas, such as sports courts or riding rings. 17.48.010(27) — Gating of Access and Roadways: d. Commercial property gating in accordance with Section 17.66.050. iX NU2 NU3 NU4 NU5 UR1 UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X AP I AP AP AP AP 11 02.26.050 — Duties: G. If requested, review proposals for acquisition of property for street, park or other public purposes and report to the appropriate City department as to conformity thereof with the general plan. Notwithstanding any other regulation in this code, the City Council will act as the Planning Agency for all projects requiring findings of General Plan consistency in accordance with Government Code § 65402. 17.49.010 — Development Activities/Miscellaneous Use Types: 7. Railroad Rights -of -Way Includes the following uses within railroad rights -of -way: a. Operational Activities —includes activities related to the operation of the railroad, including, but not limited to, stations, transit stops, and park and ride facilities. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X. X X X b. Accessory Activities/Uses—includes trails, bike paths, sidewalks, picnic areas, passive park activities, and landscaping. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X c. Storage —includes the storage of any materials, vehicles, goods, and supplies not related to subsection (8)(a) of this section. NU1 NU2 NU3 NU4 NU5 URI UR2 UR3 UR4 UR5 CR CC CN BP I X X X X X X X X X X X X X X X 17.43.010(27)(a) — Automobile and Lh!ht Truck Sales and Services: (2) Commercial Storage —includes facilities providing overnight and/or long-term storage of As determined automobiles usually, but not always, for a fee, but excludes impound yards. This is an independent by the Director use type and does not include parking that is required for uses pursuant to this code. Typical uses include commercial parking garages. 17.57.060(H) — Setbacks 2. Ground -mounted air conditioners, swimming pool pumps, waterfalls (not exceeding six (6) feet in height), heaters, filters and fans may be located in required rear yards; provided, that they are located not closer than two and one-half (2 1/2) feet to any lot line. These items, as well as other similar appurtenances, are not permitted in the required side yard. Backup generators for incidental, emergency use and any associated equipment or fuel tanks must be located at least 12 five feet from the side and rear property lines; must be screened from view; and otherwise comply with this code. 3. Unenclosed stairways and balconies above the level of the finished elevation of the first floor attached to the primary structure may project a maximum of five (5) feet into a required rear yard; provided, however, that an open work railing not to exceed three and one-half (3 1/2) feet in height may be installed. 4. Swimming pools and spas are permitted in required rear yards; provided, that they are located not closer than five (5) feet from any property line. The setback shall be measured from the water line of a sunken pool or spa or from the structure of an above -ground pool or spa. 5. Structures not exceeding one (1) foot above ground level may be used in any required yard. 6. Built-in barbecues, fire pits, detached fireplaces and built-in entertainment centers shall be five (5) feet away from property lines and less than ten (10) feet in height, including smoke stacks and chimneys. 7. Except as described elsewhere in this code, accessory buildings and structures, including detached patio covers, may be located within a required rear yard; provided, that they are not closer than five (5) feet to any lot line. 13