TITLE 12 -- ZONING

CHAPTER 12-1 GENERAL PROVISIONS

Section 12-1.01. Adopted. Section 12-1.02. Purpose. Section 12-1.03. Conformance. Section 12-1.04. Second units prohibited.

CHAPTER 12-2 DEFINITIONS

Section 12-2.01. Applicability. Section 12-2.02. Access. Section 12-2.03. Accessory building. Section 12-2.04. Accessory use. Section 12-2.04A. Agricultural use. Section 12-2.05. Alley. Section 12-2.06. Antenna. Section 12-2.07. Antenna, satellite dish. Section 12-2.08. Apartment. Section 12-2.09. Apartment hotel. Section 12-2.09A. Arbor. Section 12-2.10. Area, gross. Section 12-2.11. Area, net. Section 12-2.12. Arterial. Section 12-2.13. Auto repair. Section 12-2.14. Auto wash, mechanical. Section 12-2.15. Automobile service station. Section 12-2.16. Banner, flag, or pennant. Section 12-2.16A. Barbecue or street barbecue or open air barbecue facility. Section 12-2.17. Barn. Section 12-2.18. Baths. Section 12-2.18.1. Blimps and balloons. Section 12-2.19. Boardinghouse. Section 12-2.20. Buffer. Section 12-2.21. Building. Section 12-2.22. Building, main. Section 12-2.23. Building permit. Section 12-2.24. Building setback line. Section 12-2.25. Building site. Section 12-2.26. Business office, commercial. Section 12-2.27. Business, retail. Section 12-2.28. Business, wholesale. Section 12-2.29. Care of nonrelated persons (seven (7) or more persons). Section 12-2.30. Care of nonrelated persons (six (6) or less persons). Section 12-2.31. Caretaker's residence. Section 12-2.32. Carport. Section 12-2.32A. Charitable event barbecue or sponsored event barbecue or benefit barbecue. Section 12-2.33. Charitable or religious institution. Section 12-2.33.1. Child day care center. Section 12-2.34. Church. Section 12-2.35. Code. Section 12-2.36. Collector. Section 12-2.37. Commercial uses. Section 12-2.38. Commission. Section 12-2.39. Community Development Director.

12-i Section 12-2.39A. Community event. Section 12-2.39B. Community event barbecue. Section 12-2.40. Conditional use. Section 12-2.41. Conforming structure. Section 12-2.42. Conforming use. Section 12-2.43. Convenience business establishments. Section 12-2.44. Corner cutback. Section 12-2-44.1. Cottage food operation. Section 12-2.45. Country club. Section 12-2.46. Curb. Section 12-2.47. Day care home, large family. Section 12-2.48. Day care home, small family. Section 12-2.49. Dedicated street. Section 12-2.50. Density. Section 12-2.51. District. Section 12-2.52. Drive-in restaurants or drive-in eating and drinking establishment. Section 12-2.52A. Driveway. Section 12-2.53. Dwelling. Section 12-2.54. Dwelling, four (4) family. Section 12-2.55. Dwelling, group. Section 12-2.56. Dwelling, multifamily. Section 12-2.58. Dwelling, single-family. Section 12-2.59. Dwelling, three (3) family. Section 12-2.60. Dwelling, two (2) family. Section 12-2.61. Dwelling unit. Section 12-2.62. Entrada Plan. Section 12-2.63. Expressway. Section 12-2.65. Fence. Section 12-2.66. Flammable gases. Section 12-2.67. Flammable liquids. Section 12-2.68. Floor area, gross. Section 12-2.69. Garage. Section 12-2.70. Garage, repair. Section 12-2.71. Grade, finish. Section 12-2.72. Guest home. Section 12-2.73. Guestroom. Section 12-2.74. Height of building. Section 12-2.75. Height of fences, walls or hedges. Section 12-2.76. Hospital. Section 12-2.77. Household pets. Section 12-2.77.A. Intensification. Section 12-2.78. Kennel. Section 12-2.79. Kitchen. Section 12-2.80. Landscaping. Section 12-2.80A. Lattice. Section 12-2.81. Less-intense use. Section 12-2.82. Liquefied petroleum gas. Section 12-2.83. Local street. Section 12-2.84. Lodge. Section 12-2.85. Lot. Section 12-2.86. Lot area. Section 12-287. Lot, corner. Section 12-2.88. Lot coverage. Section 12-2.89. Lot depth. Section 12-2.90. Lot, interior. Section 12-2.91. Lot dimensions. Section 12-2.92. Lot line.

12-ii Section 12-2.93. Lot line, front. Section 12-2.94. Lot line, rear. Section 12-2.95. Lot line, side. Section 12-2.96. Lot width. Section 12-2.97. Mechanical riding machines. Section 12-2.98. Medical, chiropractic, physical therapy or dental office. Section 12-2.99. Microwave antenna. Section 12-2.100. Miniwarehouse. Section 12-2.101. Mobile home. Section 12-2.102. Mobile home park. Section 12-2.103. Mobile home site. Section 12-2.104. Neighborhood commercial (convenience) center. Section 12-2.104A. Neo-traditional Neighborhood. Section 12-2.105. Nonconforming lot. Section 12-2.106. Nonconforming structure. Section 12-2.107. Nonconforming use. Section 12-2.107.1. Non-taxable merchandise floor area. Section 12-2.108. Non-Profit or not-for-profit or qualified or sponsored. Section 12-2.108A. Occasional event barbecue. Section 12-2.110. Outdoor storage. Section 12-2.110A. Patio Cover Section 12-2.111. Parcel map. Section 12-2.111A. Paving. Section 12-2.112. Penny arcade. Section 12-2.113. Pet shop. Section 12-2.113A. Physical fitness center/health club. Section 12-2.113.1. Pipeline. Section 12-2.114. Plan, general. Section 12-2.115. Plan, specific. Section 12-2.116. Planned community. Section 12-2.117. Planning Commission. Section 12-2.118. Private recreation club. Section 12-2.119. Property line. Section 12-2.120. Public utility. Section 12-2.121. Recreation area. Section 12-2.122. Recreational vehicles. Section 12-2.123. Residential use. Section 12-2.124. Rest home. Section 12-2.125. Restaurant. Section 12-2.126. Restaurant, fast-food. Section 12-2.127. Retail business. Section 12-2.127.1. Retail floor area. Section 12-2.127.2. Retail sales. Section 12-2.128. Room. Section 12-2.128.1. Sanitation facilities. Section 12-2.129. School, elementary and high. Section 12-2.130. School, private. Section 12-2.131. Screening. Section 12-2.132. Secretary of the Planning Commission. Section 12-2.133. Setback. Section 12-2.134. Shopping center. Section 12-2.135. Side and front of corner lots. Section 12-2.136. Signs. Section 12-2.136.1. Repealed. Section 12-2.137. Street. Section 12-2.138. Street plan line. Section 12-2.139. Structural alterations.

12-iii Section 12-2.140. Structure. Section 12-2.140.1. Supportive Housing. Section 12-2.141. Transient. Section 12-2.141.1. Temporary Retail Sales. Section 12-2.141.2. Temporary Buying. Section 12-2.141.3. Transitional Housing. Section 12-2.141A. Trellis. Section 12-2.142. Truck stop. Section 12-2.143. Wall. Section 12-2.144. Wholesale distributor. Section 12-2.145. Yard. Section 12-2.146. Yard, front. Section 12-2.147. Yard, rear. Section 12-2.148. Yard, side. Section 12-2.149. Zone.

CHAPTER 12-3 DISTRICTS AND MAP

Section 12-3.01. Districts enumerated. Section 12-3.02. Map adopted. Section 12-3.03. Undesignated land. Section 12-3.04. Entrada Specific Plan. Section 12-3.05. Westside Revitalization Project Design Guidelines.

CHAPTER 12-4 OS OPEN SPACE DISTRICT

Section 12-4.01. Regulations designated. Section 12-4.02. Purpose. Section 12-4.03. Permitted uses. Section 12-4.04. Conditional uses. Section 12-4.05. Accessory uses. Section 12-4.06. Development standards. Section 12-4.07. Development plans. Section 12-4.08. Parking. Section 12-4.09. Signs. Section 12-4.10. Entrada Plan. Section 12-4.11. Single-family architectural and aesthetic standards. Section 12-4.12. Mobile homes: Surrender of registration. Section 12-4.13. Airport-adjacent development.

CHAPTER 12-5 RA RESIDENTIAL AGRICULTURAL DISTRICT

Section 12-5.01. Regulations designated. Section 12-5.02. Purpose. Section 12-5.03. Permitted uses. Section 12-5.04. Conditional uses. Section 12-5.05. Accessory uses. Section 12-5.06. Development standards. Section 12-5.07. Building site. Section 12-5.08. Height. Section 12-5.09. Setbacks. Section 12-5.10. Parking. Section 12-5.11. Signs. Section 12-5.12. Entrada Plan. Section 12-5.13. Single-family architectural and aesthetic standards.

12-iv Section 12-5.14. Mobile homes: Surrender of registration.

CHAPTER 12-6 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Section 12-6.01. Regulations designated. Section 12-6.02. Purpose. Section 12-6.03. Permitted uses. Section 12-6.04. Conditional uses. Section 12-6.05. Accessory buildings. Section 12-6.06. Development standards. Section 12-6.07. Building site. Section 12-6.08. Height. Section 12-6.09. Setbacks. Section 12-6.10. Parking. Section 12-6.11. Signs. Section 12-6.12. Entrada Plan. Section 12-6.13. Noise. Section 12-6.14. Single-family architectural and aesthetic standards. Section 12-6.15. Mobile homes: Surrender of registration. Section 12-6.16. Conversion of dwelling units to additional dwelling units prohibited.

CHAPTER 12-6A RSL-1 SINGLE-FAMILY SMALL LOT RESIDENTIAL DISTRICT

Section 12-6A.01. Regulations designated. Section 12-6A.02. Purpose. Section 12-6A.03. Permitted uses. Section 12-6A.04. Conditional uses. Section 12-6A.05. Accessory buildings. Section 12-6A.06. Development standards. Section 12-6A.07. Building site. Section 12-6A.08. Height. Section 12-6A.09. Setbacks. Section 12-6A.10. Parking. Section 12-6A.11. Signs. Section 12-6A.12. Entrada Plan. Section 12-6A.13. Noise. Section 12-6A.14. Single-family architectural and aesthetic standards. Section 12-6A.15. Mobile homes--Surrender of registration. Section 12-6A.16. Conversion of dwelling units to additional dwelling units prohibited.

CHAPTER 12-7 R-2 MEDIUM-DENSITY RESIDENTIAL DISTRICT

Section 12-7.01. Regulations designated. Section 12-7.02. Purpose. Section 12-7.03. Permitted uses. Section 12-7.04. Conditional uses. Section 12-7.05. Accessory buildings. Section 12-7.06. Development standards. Section 12-7.07. Building site. Section 12-7.09. Height. Section 12-7.10. Setbacks. Section 12-7.11. Parking. Section 12-7.12. Signs. Section 12-7.13. Entrada Plan.

12-v Section 12-7.14. Noise. Section 12-7.14a. Exception – Noise in Outdoor Living Areas. Section 12-7.15. Residential architectural and aesthetic standards. Section 12-7.16. Mobile homes: Surrender of registration. Section 12-7.17. Conversion of dwelling units to additional dwelling units prohibited.

CHAPTER 12-8 R-3 HIGH-DENSITY RESIDENTIAL DISTRICT

Section 12-8.01. Regulations designated. Section 12-8.02. Purpose. Section 12-8.03. Permitted uses. Section 12-8.04. Conditional uses. Section 12-8.05. Accessory buildings. Section 12-8.06. Development standards. Section 12-8.07. Building site. Section 12-8.08. Density and open space. Section 12-8.09. Height. Section 12-8.10. Setbacks. Section 12-8.11. Project review. Section 12-8.12. Parking. Section 12-8.13. Signs. Section 12-8.14. Entrada Plan. Section 12-8.15. Noise. Section 12-8.15a. Exception – Noise in Outdoor Living Areas. Section 12-8.16. Residential architectural and aesthetic standards. Section 12-8.17. Conversion of dwelling units to additional dwelling units prohibited. Section 12-8.18. Senior citizen housing development standards.

CHAPTER 12-9 RMH RESIDENTIAL MOBILE HOME PARK DISTRICT

Section 12-9.01. Regulations designated. Section 12-9.02. Purpose. Section 12-9.03. Mobile homes as living quarters. Section 12-9.04. Permitted uses. Section 12-9.05. Development standards. Section 12-9.06. Area: Density. Section 12-9.07. Park setbacks. Section 12-9.08. Space setbacks. Section 12-9.09. Mobile home space. Section 12-9.10. Mobile home pad. Section 12-9.11. Access: Improvement standards. Section 12-9.12. Utilities. Section 12-9.13. Landscaping and screening. Section 12-9.14. Fencing. Section 12-9.15. Storage area. Section 12-9.16. Open space requirement. Section 12-9.17. Parking. Section 12-9.18. Signs. Section 12-9.19. Entrada Plan. Section 12-9.20. Development plan review. Section 12-9.21. Reversion of classification.

CHAPTER 12-9A MOBILEHOME PARKS

Section 12-9A.100. Article 1. Conversion of Mobilehome Parks to Other Uses

12-vi Section 12-9A.101. Definitions. Section 12-9A.102. Duty of Director of Community Development to maintain a list of housing specialists. Section 12-9A.103. Conversion impact report; data on homeowners and mobilehome tenants - duty to file. Section 12-9A.104. Conversion impact report; information meeting(s); notice and distribution to homeowners and tenants. Section 12-9A.105. Mitigation of Adverse Impacts and Reasonable Costs of Relocation. Section 12-9A.106. Application for exemption from relocation obligations. Section 12-9A.107. Application for conversion; public hearings; findings. Section 12-9A.108. Obligations of applicant or mobilehome park owner after approval of the change of use and conversion impact report. Section 12-9A.109. Payment of relocation assistance benefits-prerequisite to issuance of building permit or final map.

Section 12-9A.200. Article 2. Change of Ownership of Mobilehome Parks. Section 12-9A.201. Resident organization conversion of a mobilehome park. Section 12-9A.202. Duty of Director of Community Development to provide support services to a park resident organization. Section 12-9A.203. Conversion impact report; data on homeowners and mobilehome tenants - duty to file. Section 12-9A.204. Director of Community Development Department - duty to notify. Section 12-9A.205. Conversion impact report; informational meetings; notice and distribution to homeowners and tenants.

Section 12-9A.300. Article 3. Processing Fee. Section 12-9A.301. Processing Fee.

CHAPTER 12-10 CPO COMMERCIAL OFFICE AND PROFESSIONAL OFFICE DISTRICT

Section 12-10.01. Regulations designated. Section 12-10.02. Purpose. Section 12-10.03. Permitted uses. Section 12-10.04. Conditional uses. Section 12-10.05. Accessory uses. Section 12-10.06. Development standards. Section 12-10.07. Building site. Section 12-10.08. Height. Section 12-10.09. Setbacks. Section 12-10.10. Wall. Section 12-10.11. Parking. Section 12-10.12. Signs. Section 12-10.13. Entrada Plan.

CHAPTER 12-11 CC CONVENIENCE CENTER DISTRICT

Section 12-11.01. Regulations designated. Section 12-11.02. Purpose. Section 12-11.03. Permitted uses. Section 12-11.04. Conditional uses. Section 12-11.05. Penny arcades: Game machines. Section 12-11.06. Accessory uses. Section 12-11.07. Development standards. Section 12-11.08. Building site. Section 12-11.09. Height. Section 12-11.10. Wall. Section 12-11.11. Setbacks.

12-vii Section 12-11.12. Project review. Section 12-11.13. Parking. Section 12-11.14. Signs. Section 12-11.15. Entrada Plan.

CHAPTER 12-12 C-1 CENTRAL BUSINESS DISTRICT

Section 12-12.01. Regulations designated. Section 12-12.02. Purpose. Section 12-12.03. Permitted uses. Section 12-12.04. Conditional uses. Section 12-12.05. Penny arcades: Game machines. Section 12-12.06. Accessory uses. Section 12-12.07. Development standards. Section 12-12.08. Building site. Section 12-12.09. Height. Section 12-12.10. Wall. Section 12-12.11. Setbacks. Section 12-12.12. Project review. Section 12-12.13. Parking. Section 12-12.14. Signs. Section 12-12.15. Entrada Plan. Section 12-12.16. Westside revitalization project. Section 12-12.17. Display and storage. Section 12-12.18. Residential screening. Section 12-12.19. Non-taxable merchandise limitations.

CHAPTER 12-13 C-2 GENERAL COMMERCIAL DISTRICT

Section 12-13.01. Regulations designated. Section 12-13.02. Purpose. Section 12-13.03. Permitted uses. Section 12-13.04. Conditional uses. Section 12-13.05. Penny arcades: Game machines. Section 12-13.06. Accessory uses. Section 12-13.07. Development standards. Section 12-13.08. Building site. Section 12-13.09. Height. Section 12-13.10. Wall. Section 12-13.11. Setbacks. Section 12-13.12. Project review. Section 12-13.13. Parking. Section 12-13.14. Signs. Section 12-13.15. Entrada Plan. Section 12-13.16. Outside display and storage. Section 12-13.17. Non-taxable merchandise limitations. Section 12-13.18. Outdoor auto repair and service.

CHAPTER 12-13A HC HIGHWAY COMMERCIAL DISTRICT

Section 12-13A.01. Regulations Designated. Section 12-13A.02. Purpose. Section 12-13A.03. Permitted Uses. Section 12-13A.04. Conditional Uses (CUP). Section 12-13A.05. Establishment of Primary Use.

12-viii Section 12-13A.06. Development Standards. Section 12-13A.07. Height. Section 12-13A.08. Wall. Section 12-13A.09. Setbacks. Section 12-13A.10. Planned Development Overlay. Section 12-13A.11. Parking. Section 12-13A.12. Signs. Section 12-13A.13. Display and Storage. Section 12-13A.14. Applicability of HC District. Section 12-13A.15. Entrada Specific Plan.

CHAPTER 12-14 FS FREEWAY SERVICE DISTRICT

Section 12-14.01. Regulations designated. Section 12-14.02. Purpose. Section 12-14.03. Permitted uses. Section 12-14.04. Conditional uses. Section 12-14.05. Penny arcades: Game machines. Section 12-14.06. Accessory uses. Section 12-14.07. Development standards. Section 12-14.08. Building site. Section 12-14.09. Lot coverage. Section 12-14.10. Height. Section 12-14.11. Setbacks. Section 12-14.12. Storage and accessory uses. Section 12-14.13. Project review. Section 12-14.14. Screening. Section 12-14.15. Parking, service area and driveway access. Section 12-14.16. Parking. Section 12-14.17. Signs. Section 12-14.18. Entrada Plan.

CHAPTER 12-15 M-1 LIGHT MANUFACTURING DISTRICT

Section 12-15.01. Regulations designated. Section 12-15.02. Purpose. Section 12-15.03. Permitted uses. Section 12-15.04. Prohibited uses. Section 12-15.05. Conditional uses. Section 12-15.06. Development standards. Section 12-15.07. Building site. Section 12-15.08. Height. Section 12-15.09. Setbacks. Section 12-15.10. Screening. Section 12-15.11. Parking. Section 12-15.12. Signs. Section 12-15.13. Entrada Plan. Section 12-15.14. Mini-warehouse developments. Section 12-15.15. Airport-adjacent development.

CHAPTER 12-16 CM COMMERCIAL/MANUFACTURING DISTRICT

Section 12-16.01. Regulations designated. Section 12-16.02. Purpose. Section 12-16.03. Permitted uses.

12-ix Section 12-16.04. Prohibited uses. Section 12-16.05. Conditional uses. Section 12-16.06. Accessory uses. Section 12-16.07. Development standards. Section 12-16.08. Building site. Section 12-16.09. Height. Section 12-16.10. Setbacks. Section 12-16.11. Screening. Section 12-16.12. Parking. Section 12-16.13. Signs. Section 12-16.14. Entrada Plan.

CHAPTER 12-17 M-2 GENERAL MANUFACTURING DISTRICT

Section 12-17.01. Regulations designated. Section 12-17.02. Purpose. Section 12-17.03. Permitted uses. Section 12-17.04. Prohibited uses. Section 12-17.05. Conditional uses. Section 12-17.06. Accessory uses. Section 12-17.07. Development standards. Section 12-17.08. Building site. Section 12-17.09. Height. Section 12-17.10. Setbacks. Section 12-17.11. Screening. Section 12-17.12. Parking. Section 12-17.13. Signs. Section 12-17.14. Entrada Plan.

CHAPTER 12-18 PF PUBLIC FACILITIES AND INSTITUTIONAL DISTRICT

Section 12-18.01. Regulations designated. Section 12-18.02. Purpose. Section 12-18.03. Permitted uses. Section 12-18.04. Accessory uses. Section 12-18.05. Development standards. Section 12-18.06. Lot coverage. Section 12-18.07. Height. Section 12-18.08. Setbacks. Section 12-18.09. Project review. Section 12-18.10. Parking. Section 12-18.11. Signs. Section 12-18.12. Entrada Plan. Section 12-18.13. Airport-adjacent development.

CHAPTER 12-19 SP SPECIFIC PLAN ZONING DISTRICT

Section 12-19.01. Purpose. Section 12-19.02. Specific plan content. Section 12-19.03. Permitted uses. Section 12-19.04. Zoning standards. Section 12-19.05. Adoption of the specific plan. Section 12-19.06. Amendments. Section 12-19.07. Repeal. Section 12-19.08. Severability.

12-x CHAPTER 12-20 AS-I AIRPORT SERVICE I ZONE

Section 12-20.01. Applicability. Section 12-20.02. Intent. Section 12-20.03. Scope. Section 12-20.04. Permitted uses. Section 12-20.05. Airport plan conformance.

CHAPTER 12-21 AS-II AIRPORT SERVICE II ZONE

Section 12-21.01. Applicability. Section 12-21.02. Intent. Section 12-21.03. Permitted uses. Section 12-21-04. Prohibited uses. Section 12-21.05. Conditional uses. Section 12-21.06. Lighting arrangement and hooding.

CHAPTER 12-22 AS-III AIRPORT SERVICE III ZONE

Section 12-22.01. Applicability. Section 12-22.02. Intent. Section 12-22.03. Conditional uses. Section 12-22.04. Prohibited uses. Section 12-22.05. Imaginary surface penetration. Section 12-22.06. Mitigation measures.

CHAPTER 12-23 CZ CLEAR ZONE DISTRICT COMBINING REGULATIONS

Section 12-23.01. Regulations established. Section 12-23.02. Intent. Section 12-23.03. Permitted uses. Section 12-23.04. Obstructions and hazards.

CHAPTER 12-24 AA AIRPORT APPROACH DISTRICT

Section 12-24.01. Regulations designated. Section 12-24.02. Intent. Section 12-24.03. Definitions. Section 12-24.04. Height limitations. Section 12-24.05. Electrical and lighting interference. Section 12-24.06. Development: Standards. Section 12-24.07. Development: Review.

CHAPTER 12-25 PD PLANNED DEVELOPMENT OVERLAY DISTRICT

Section 12-25.01. Regulations designated. Section 12-25.02. Intent. Section 12-25.03. Permitted uses. Section 12-25.04. Initiation. Section 12-25.05. Development plan approval. Section 12-25.06. Permit application and hearing. Section 12-25.07. Findings. Section 12-25.08. Effective date. Section 12-25.09. Appeals.

12-xi Section 12-25.10. Expiration and extension. Section 12-25.11. Revocation. Section 12-25.12. Modification or enlargement of structures. Section 12-25.13. Preexisting development plans.

CHAPTER 12-25A H HISTORIC OVERLAY DISTRICT

Section 12-25A.01. Intent. Section 12-25A-02 Permitted uses. Section 12-25A.03. Initiation. Section 12-25A.04. Development plan approval: Required. Section 12-25A.05. Development plan approval: Purpose. Section 12-25A.06. Development plan approval: Permit application and hearing. Section 12-25A.07. Development plan approval: Findings. Section 12-25A.08. Development plan approval: Effective date. Section 12-25A.09. Development plan approval: Appeals. Section 12-25A.10. Development plan approval: Expiration and extension. Section 12-25A.11. Development plan approval: Revocation. Section 12-25A.12. Modification or enlargement of structures. Section 12-25A.13. Preexisting development plans.

CHAPTER 12-26 INTRUSIONS INTO YARDS

Section 12-26.01. Official plan lines. Section 12-26.02. Porches, outside stairways, patio covers, trellises. Section 12-26.03. Architectural features.

CHAPTER 12-27 ACCESSORY STRUCTURES

Section 12-27.01. Accessory structures in residential zones. Section 12-27.02. Fences, walls and hedges. Section 12-27.03. Corner cutback requirements.

CHAPTER 12-28 BUILDING SITES

Section 12-28.01. Building permit issuance: Improvements. Section 12-28.02. Minimum size. Section 12-28.03. Frontage and improvements. Section 12-28.04. Alleys. Section 12-28.05. Street and alley lights.

CHAPTER 12-28A CLEARING AND MAINTAINING VACANT BUILDING SITES

Section 12-28A.01. Demolition permit required. Section 12-28A.02. Conditions of demolition permit issuance.

CHAPTER 12-29 HOME OCCUPATIONS

Section 12-29.01. Intent. Section 12-29.02. Permitted. Section 12-29.02.1. Vehicle, vessel repair prohibited. Section 12-29.03. Applicability of requirements.

12-xii Section 12-29.04. Statement acknowledging requirements. Section 12-29.05. Employees. Section 12-29.06. Traffic generation. Section 12-29.07. Customers, suppliers or employee visits. Section 12-29.08. Sale of products. Section 12-29.09. Deliveries by commercial vehicle. Section 12-29.10. Vehicles generally. Section 12-29.11. Space used. Section 12-29.12. Outdoor storage or display. Section 12-29.13. Appearance of residence. Section 12-29.14. Signs. Section 12-29.15. Utility and public facility use.

CHAPTER 12-29A LARGE FAMILY DAY CARE HOMES IN SINGLE-FAMILY RESIDENCES

Section 12-29A.01. Intent. Section 12-29A.02. Permitted. Section 12-29A.03. Applicability of requirements. Section 12-29A.04. Statement acknowledging requirements. Section 12-29A.05. Parking requirements. Section 12-29A.06. Operators and employees. Section 12-29A.07. Noise. Section 12-29A.08. Code compliance.

CHAPTER 12-29B COTTAGE FOOD OPERATIONS

Section 12-29B.01. Intent. Section 12-29B.02. Permitted. Section 12-29B.03. Definitions. Section 12-29B.04. County Environmental Health Services approval. Section 12-29B.05. Employees. Section 12-29B.06. Traffic Control, Parking and Noise Control Measures. Section 12-29B.07. Space used.

CHAPTER 12-30 MOVING BUILDINGS

Section 12-30.01. Purpose. Section 12-30.02. Procedure for moving buildings. Section 12-30.03. Permit conditions and other requirements. Section 12-30.04. Appeals.

CHAPTER 12-31 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING

Section 12-31.01. Intent and purpose. Section 12-31.02. Definitions. Section 12-31.03. Nonconforming uses: Continuance. Section 12-31.04. Nonconforming uses: Changing. Section 12-31.05. Nonconforming uses: Termination. Section 12-31.06. Nonconforming structures: Continuance. Section 12-31.07. Nonconforming structures: Modification. Section 12-31.08. Nonconforming parking: Continuance. Section 12-31.09. Nonconforming parking: Modification.

12-xiii Section 12-31.10. Nonconforming lots: Continuing use. Section 12-31.11. Nonconforming lots: Setbacks. Section 12-31.12. Nonconforming lots: Narrow lots. Section 12-31.13. Nonconforming lots: Consolidation. Section 12-31.14. Nonconforming public utilities.

CHAPTER 12-32 OFF-STREET PARKING AND LOADING

Section 12-32.01. Applicability. Section 12-32.02. Units of measurement. Section 12-32.03. Off-street parking spaces required. Section 12-32.04. Off-street loading requirements. Section 12-32.05. General requirements. Section 12-32.06. Unspecified uses. Section 12-32.07. Change of size or use. Section 12-32.07A. Exceptions to Section 12-32-07. Offstreet Parking Requirements, Change of Size or Use. Section 12-32.08. Misuse of required area. Section 12-32.08A. Residential storage of vehicles. Section 12-32.09. Conversion of existing covered spaces. Section 12-32.10. Covered and obstructed spaces. Section 12-32.11. Compact spaces. Section 12-32.12. Tandem spaces. Section 12-32.13. Garage opening setback. Section 12-32.14. Location on same lot. Section 12-32.15. Curbing and striping. Section 12-32.16. Access and maneuvering space. Section 12-32.17. Valet parking. Section 12-32.18. Design and construction. Section 12-32.19. Landscaping. Section 12-32.20. Lighting. Section 12-32.21. Mixed uses. Section 12-32.22. Consolidated and shared parking. Section 12-32.23. Layout and stall size. Section 12-32.24. Wheel stop locations. Section 12-32.25. Driveway exits. Section 12-32.26. Ramp slopes. Section 12-32.27. Parking in front yard setback and/or street side yard setback prohibited.

CHAPTER 12-33 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS

Section 12-33.100A. Article 1. General Provisions Section 12-33.101. Intent and purpose.

Section 12-33.200A. Article 2. Commercial Districts Section 12-33.201. Applicability. Section 12-33.202. Exterior design requirements. Section 12-33.203. Landscape design: Generally. Section 12-33.204. Front yard. Section 12-33.205. Side and rear yard. Section 12-33.206. Loading areas. Section 12-33.207. Refuse collection areas. Section 12-33.208. Parking. Section 12-33.209. Signs. Section 12-33.210. Lighting.

12-xiv Section 12-33.211. Outdoor storage.

Section 12-33.300A. Article 3. Industrial Districts Section 12-33.301. Applicability. Section 12-33.302. Air pollution. Section 12-33.303. Odors. Section 12-33.304. Particulate matter. Section 12-33.305. Liquid and solid wastes. Section 12-33.306. Noise. Section 12-33.307. Glare. Section 12-33.308. Fire and explosive hazards. Section 12-33.309. Fissionable materials, radioactivity or electrical disturbance. Section 12-33.310. Vehicular traffic generation.

CHAPTER 12-34 SIGNS

Section 12-34.01. Purpose. Section 12-34.02 Objectives. Section 12-34.03. Definitions. Section 12-34.04. General Requirements. Section 12-34.05. Standards by Sign Type. Section 12-34.06. Construction or Subdivision Signs. Section 12-34.07. Administration. Section 12-34.08. Hazardous Signs. Section 12-34.09. Construction of Signs. Section 12-34.10. Non-Conforming Signs. Section 12-34.11. Prohibited Signs and Locations. Section 12-34.12. Signs in the Public Right-of-Way or Placing Citizens in Peril. Section 12-34.13. Severability.

Appendix – Illustration A (Bow/Feather Sign)

CHAPTER 12-35 USE AND PLANNED DEVELOPMENT PERMITS

Section 12-35.100A. Article 1. Conditional: Administrative Section 12-35.101. Authority of zoning administrator: Procedure. Section 12-35.102. Redevelopment relocation: Temporary conditional use permits. Section 12-35.103. Delegation of Planning Commission powers to zoning administrator. Section 12-35.104. Appeals from zoning administrator.

Section 12-35.200A. Article 2. Conditional Use and Planned Development Permits: Planning Commission Section 12-35.201. Intent. Section 12-35.202. Permitted uses. Section 12-35.203. Application. Section 12-35.204. Filing fee. Section 12-35.205. Hearing and notice. Section 12-35.206. Approval or denial. Section 12-35.207. Findings for approval. Section 12-35.208. General conditions. Section 12-35.209. Effective date of approved permit. Section 12-35.210. Council action. Section 12-35.211. Appeals. Section 12-35.212. Expiration and extension. Section 12-35.213. Revocation. Section 12-35.214. Modification or enlargement.

12-xv Section 12-35.215. Preexisting permits.

Section 12-35.300A. Article 3. Special Temporary Use Permits Section 12-35.301. Intent. Section 12-35.302. Permitted uses. Section 12-35.303. Application and filing fee. Section 12-35.304. Approval or denial. Section 12-35.305. Conditions. Section 12-35.306. Community Events.

CHAPTER 12-36 VARIANCES

Section 12-36.01. When permitted: Conditions required. Section 12-36.02. Application. Section 12-36.03. Filing fee. Section 12-36.04. Hearing. Section 12-36.05. Findings required for approval. Section 12-36.06. Grant or denial. Section 12-36.08. Appeal from Planning Commission. Section 12-36.09. Revocation of variances.

CHAPTER 12-37 ANNEXATION

Section 12-37.01. Definitions. Section 12-37.02. Exclusions. Section 12-37.03. Compliance with chapter. Section 12-37.04. Filing petition. Section 12-37.05. Agreement and surety: Uninhabited territory. Section 12-37.06. Agreement and surety: Inhabited territory. Section 12-37.07. Authority of Council.

CHAPTER 12-38 AMENDMENTS

Section 12-38.01. Scope: Conformance. Section 12-38.02. Rezone initiation. Section 12-38.03. Hearing notice. Section 12-38.04. Planning Commission recommendation. Section 12-38.05. Council hearing and action.

CHAPTER 12-39 DEVELOPMENT REVIEW

Section 12-39.01. Development coordinating committee. Section 12-39.02. Purpose of committee. Section 12-39.03. Review required: Scheduling. Section 12-39.04. Development plan.

CHAPTER 12-40 ENVIRONMENT

Section 12-40.01. Conformance to state provisions. Section 12-40.02. Environmental review procedures.

12-xvi CHAPTER 12-41 INTERPRETATION AND APPEALS

Section 12-41.01. Applicability. Section 12-41.02. Previous or conflicting provisions. Section 12-41.03. Similar uses and slight modifications. Section 12-41.04. Appeal to Planning Commission. Section 12-41.05. Appeal to City Council. Section 12-41.06. Administrative interpretation of conditions of discretionary permits.

CHAPTER 12-42 ADMINISTRATION AND ENFORCEMENT

Section 12-42.01. Zoning administrator. Section 12-42.02. Reapplication after denials. Section 12-42.03. Violation: Nuisance. Section 12-42.04. Violation: Misdemeanor. Section 12-42.05. Violation: Permitting. Section 12-42.06. Enforcement proceedings unrestricted.

CHAPTER 12-43 OUTDOOR DISPLAY OF MERCHANDISE

Section 12-43.01. Outdoor storage and outdoor display of merchandise prohibited: Exceptions. Section 12-43.02. Outdoor display of merchandise prohibited. Section 12-43.03. Nonconforming uses inapplicable. Section 12-43.04. Violation is an infraction.

CHAPTER 12-44 LANDSCAPE STANDARDS

Section 12-44.01. Purpose. Section 12-44.02. Definitions. Section 12-44.03. Provisions and Applicability. Section 12-44.04. Specific landscape design standards. Section 12-44.05. Specific Irrigation Design Standards. Section 12-44.06. Submittal requirements. Section 12-44.07. Other Plan requirements and review.

CHAPTER 12-45 REGULATION OF ADULT BUSINESSES.

Section 12-45.101. Purpose. Section 12-45.102. Definitions. Section 12-45.103. Permitted Locations. Section 12-45.104. Prerequisites. Section 12-45.105. Locational and Operational Requirements. Section 12-45.106. Performer Requirements. Section 12-45.107. Persons Responsible. Section 12-45.108. Inspections. Section 12-45.109. Nonconforming Adult-Oriented Businesses. Section. 12-45.110. Enforcement.

CHAPTER 12-46 RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES, COMMUNITY APARTMENTS, AND PLANNED UNIT DEVELOPMENTS

Section 12-46.01. Purpose and Intent. Section 12-46.02. Definitions.

12-xvii Section 12-46.03. General requirements. Section 12-46.04. Development standards. Section 12-46.05. Warranties. Section 12-46.06. Reports required for conversion.

CHAPTER 12-47 SURFACE MINING AND RECLAMATION

Section 12-47.01. Purpose and intent. Section 12-47.02. Definitions. Section 12-47.03. Scope. Section 12-47.04. Permit and reclamation plan requirement. Section 12-47.05. Review procedure. Section 12-47.06. Performance bond or other surety. Section 12-47.07. Public records. Section 12-47.08. Periodic review. Section 12-47.09. Amendments. Section 12-47.10. Deviations. Section 12-47.11. Enforcement. Section 12-47.12. Appeal. Section 12-47.13. Severability. Section 12-47.14. Ordinance revision.

CHAPTER 12-48 DENSITY BONUS

Section 12-48.01. Purpose and Intent. Section 12-48.02. Compliance with Government Code Section 65915. Section 12-48.03. Density Bonuses. Section 12-48.04. Additional Incentives for Affordable Units. Section 12-48.05. Additional Density Bonus For Donation of Land To City; Additional Density Bonus Or Incentive/Concession for Child Care. Section 12-48.06. Repealed. Section 12-48.07. Procedure for Density Bonus Section 12-48.08. Affordable Housing Density Bonus Agreement. Section 12-48.09. Requirements for Participation.

CHAPTER 12-49 MIXED-USE PROJECTS

Section 12-49.01 Purpose Section 12-49.02 Objectives Section 12-49.03 Definitions Section 12-49.04 General Requirements Section 12-49.05. Mix of Uses Section 12-49.06 Live-Work/Work-Live Units Section 12-49.07 Accessory Uses Section 12-49.08 Development Standards Section 12-49.09. Performance Standards

CHAPTER 12-50 REASONABLE ACCOMMODATION

Section 12-50.01. Purpose Section 12-50.02. Definitions. Section 12-50.03. Notice to the public of availability of accommodation process. Section 12-50.04. Requesting reasonable accommodation. Section 12-50.05. Jurisdiction.

12-xviii Section 12-50.06. Findings for reasonable accommodation. Section 12-50.07. Appeals. Section 12-50.08. No fee to be imposed. Section 12-50.09. Stay of Enforcement.

CHAPTER 12-51 DEVELOPMENT AGREEMENTS

Section 12-51.01. Authority and purpose. Section 12-51.02. Application. Section 12-51.03. Procedure. Section 12-51.04. Factors for consideration. Section 12-51.05. Periodic reviews. Section 12-51.06. Adherence to development agreement, and amendment or cancellation by mutual consent. Section 12-51.07. Recording.

CHAPTER 12-52 EFFICIENCY UNIT PROJECTS

Section 12-52.01. Purpose. Section 12-52.02. Definitions. Section 12-52.03. Where efficiency unit projects may and may not be established. Section 12-52.04. Special standards applicable to an efficiency unit project. Section 12-52.05. Procedure for an efficiency unit project. Section 12-52.06. Findings.

CHAPTER 12-53 EMERGENCY SHELTERS

Section 12-53.01. Emergency shelters. Section 12-53.02. Purpose. Section 12-53.03. Definitions. Section 12-53.04. Permitted zoning districts where emergency shelters may be established. Section 12-53.05. Establishment and management of emergency shelters; responsible party; criteria.

CHAPTER 12-54 MEDICAL MARIJUANA DISPENSARIES

Section 12-54.01. Purpose. Section 12-54.02. Definition. Section 12-54.03. Medical marijuana dispensaries prohibited.

Appendix

12-xix CHAPTER 12-1 GENERAL PROVISIONS

Section 12-1.01. Adopted. There is hereby adopted in this title a zoning plan for the City, such zoning plan being a districting plan as provided by law. This plan, which will be noted and cited as the "Zoning Ordinance" of the City, classifies and regulates the uses of land, buildings and structures within the City in accordance with the General Plan. The provisions contained in this title are necessary to assure orderly and beneficial development of the City, to encourage the most appropriate uses of land; to maintain and stabilize the value of property, to safeguard the public health and welfare, and to create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewage, schools, park and other facilities and public utilities. (Prior Code § 10-65)

Section 12-1.02. Purpose. The purpose of this title is to promote the growth of the City in an orderly manner and to promote and protect the public health, safety, comfort and general welfare. (Prior Code § 10-66 (part))

Section 12-1.03. Conformance. (a) No structure shall be erected, reconstructed, enlarged, altered or moved, nor shall any building or land be used or maintained except as specifically provided and allowed in this title. (b) The establishment of an accessory use shall be prohibited without first legally establishing a primary use. (Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-66 (part))

Section 12-1.04. Second units prohibited. "Second units," as defined at Government Code Section 65852.2(d), are not permitted within any of the residential zoning districts of the City. (Ord. 83-1066 § 4, eff. 3/8/84)

12-1-1 CHAPTER 12-2 DEFINITIONS

Section 12-2.01. Applicability. For the purpose of carrying out the intent of this title, the following regulations, words, phrases and terms have the meaning ascribed to them and shall be interpreted to contain the standards and include the parts, elements and features set forth in this chapter. (Prior Code § 10-67 (part))

Section 12-2.02. Access. "Access" means the place, means or way by which vehicles shall have safe, adequate and usable ingress and egress to a property and/or use as required by this title. (Prior Code § 10-67 (part))

Section 12-2.03. Accessory building. "Accessory building" means a separate building the use of which is subordinate and incidental to that of the main building, structure or use on the same lot. (Ord. 1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.04. Accessory use. "Accessory use" means a use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or adversely affect other properties in the zone. (Prior Code § 10-67 (part))

Section 12-2.04A. Agricultural use. “Agricultural use” is limited to farming or ranching activities. An agricultural use denotes the active use of land for the purpose of agricultural production, including, but not limited to, cultivation and growing of crops, and raising and keeping of poultry or livestock. (Ord. 2010-15, eff. 1/20/11)

Section 12-2.05. Alley. "Alley" means any public or private vehicular way which affords a secondary means of access to abutting property. (Prior Code § 10-67 (part))

Section 12-2.06. Antenna. "Antenna" means a device for radiating or receiving radio waves. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.07. Antenna, satellite dish. "Satellite dish antenna" means a dish-like device used to receive television and radio signals which are transmitted from satellites and other sources. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.08. Apartment. "Apartment" means a multifamily dwelling. (Prior Code § 10-67 (part))

Section 12-2.09. Apartment hotel. "Apartment hotel" means a residential building designed or used for both, two (2) or more dwelling units and six (6) or more guestrooms or suites of rooms. (Prior Code § 10-67 (part))

Section 12-2.09A. Arbor. “Arbor” means an open horizontal structure made of lattice work used as a screen or a support for growing vines or plants. (Ord, 2000-18, eff 12/5/00).

Section 12-2.10. Area, gross. "Gross area" means that area of a lot or parcel of land which includes all portions of such lot or parcel proposed to be burdened by the following: (a) Public alleys, highways, streets or other necessary public sites when required as part of a proposed development project. (Ord. 85-1093 § 1 (1), eff. 3/5/85; prior Code § 10-67 (part))

Section 12-2.11. Area, net. "Net area" means that area of a lot or parcel of land exclusive of:

12-2-1 (a) Public alleys, highways or streets; or (b) Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or (c) Other public or private easements where the owner of the servient tenement does not have the right to use the entire surface of the land. (Prior Code § 10-67 (part))

Section 12-2.12. Arterial. "Arterial" means "arterial" as defined in the circulation element of the General Plan. (Prior Code § 10-67 (part))

Section 12-2.13. Auto repair. "Auto repair" means all servicing of motor vehicles except the following: sale of motor fuels, tires, tubes, and lubricants; lubricating vehicles, minor tube and tire repairs, battery recharging, hand auto washing and hand polishing. (Prior Code § 10-67 (part))

Section 12-2.14. Auto wash, mechanical. "Mechanical auto wash" means the washing of cars using an assembly line method in which vehicles are moved through a series of sprays and brushes or any washing process in which water is employed. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-67 (part))

Section 12-2.15. Automobile service station. "Automobile service station" means a structure or premises where gasoline, oil, grease, batteries, tires and automobile accessories are supplied and dispensed at retail and where, in addition, the following services as accessory to the principal use may be rendered and sales made, and no other: (a) Sale and servicing of spark plugs, batteries and distributors and distributor parts; (b) Tire servicing and repair, but not recapping or regrooving; (c) Replacement or adjustment of automobile accessories; (d) Radiator cleaning and flushing; provision of water, antifreeze and other additives; (e) Washing and polishing, and sale of automotive washing and polishing materials; (f) Greasing and lubrication; (g) Providing and repairing fuel pumps, oil pumps and lines; (h) Servicing and repair of carburetors; (i) Adjusting and repairing brakes; (j) Emergency wiring repairs; (k) Motor adjustment not involving removal of the head or crankcase; (l) Provision of cold drinks, packaged foods, tobacco and similar convenience goods for gasoline supply station customers, but only as accessory and incidental to the principal operation; (m) Provision of road maps and other information material to customers; (n) Provision of restroom facilities; (o) Parking lot, as an accessory use only. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 82-1046 § 1(A), eff. 1/20/83: prior Code § 10-67 (part))

Section 12-2.16. Banner, flag, or pennant. "Banner," "flag" or "pennant" means any cloth, bunting, plastic, paper or similar material used for advertising purposes attached to, appended on or from any structure, staff, pole, line, framing or vehicle. When the flag of a nation or of the state is displayed in an appropriate manner, it shall be excepted from these regulations. (Prior Code § 10-67(part))

Section 12-2.16A. Barbecue or street barbecue or open air barbecue facility. “Barbecue” or “street barbecue” or “open air barbecue facility” means any outdoor facility at an approved location for cooking food directly over hot coals or another method approved by the County Health Department. (Ord. 2006-09, eff. 6/16/06)

Section 12-2.17. Barn. "Barn" means any building designed or used for housing livestock, and other uses permitted in the R-A district. (Prior Code § 10-67(part))

12-2-2 Section 12-2.18. Baths. (a) "Full bath" means a room which contains a water closet, a lavatory and a bathtub with or without a shower. (b) "One-half bath" means a room which contains a water closet and a lavatory. (c) "Three-quarter bath" means a room which contains a water closet, a lavatory and a shower. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.18.1. Blimps and balloons. "Blimps and balloons" means a gas or air-filled device with or without a printed message used to advertise products, goods, services or otherwise promote the sale of objects or identify business establishments. (Ord. 86-32 § 1(A), eff. 2/19/87)

Section 12-2.19. Boardinghouse. "Boardinghouse" means a residence or dwelling, other than a hotel, wherein three or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. (Ord. 2003-25, eff. 2/6/04)

Section 12-2.20. Buffer. "Buffer" means an open space or landscaped area, the purpose of which is to prevent the direct abutting of incompatible uses or structures. (Prior Code § 10-67 (part))

Section 12-2.21. Building. "Building" means any structure built for the support, shelter, or enclosure of persons, animals, chattels or property of any kind. (Prior Code § 10-67 (part))

Section 12-2.22. Building, main. "Main building" means a building in which is conducted the principal use of the lot or building site on which it is situated. (Prior Code § 10-67 (part))

Section 12-2.23. Building permit. "Building permit" means written authorization from the City building official for the erection of any structure. (Prior Code § 10-67 (part))

Section 12-2.24. Building setback line. "Building setback line" means the line appearing on the zoning map delineating the space between such line and the property line as the required yard in lieu of the front, side or rear yard otherwise described for the zone. (Prior Code § 10-67 (part))

Section 12-2.25. Building site. "Building site" means a lot or parcel of land in single common or joint ownership and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required by the terms of this title and having frontage on a dedicated street, road or highway. (Prior Code § 10-67 (part))

Section 12-2.26. Business office, commercial. "Commercial business office" means a commercial activity characterized by administrative and/or clerical operations with a low volume of customer contact on the premises with no transfer of merchandise on the premises. (Prior Code § 10-67 (part))

Section 12-2.27. Business, retail. (a) "Retail business" means the retail sale of any article, substance or commodity for profit or livelihood, but not including the sale of lumber, bulk goods, or other building materials or the sale of used or second-hand goods or materials of any kind. (b) "Heavy retail business" means the retail sale of goods for profit or livelihood, such as lumber, bulk goods, building equipment and supplies, landscape material and equipment, flooring, carpeting materials, paint, tile and tires. (Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-67 (part))

12-2-3 Section 12-2.28. Business, wholesale. "Wholesale business" means the wholesale handling of any article, substance or commodity for the profit or livelihood, but not including the processing or manufacture of any product or substance. (Prior Code § 10-67 (part))

Section 12-2.29. Care of nonrelated persons (seven (7) or more persons). "Care of nonrelated persons (seven (7) or more persons)" means a state-licensed care home giving nonmedical services on a twenty-four (24) hour a day basis to seven (7) or more mentally handicapped, physically handicapped, disabled or aged persons, or dependent and neglected children. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.30. Care of nonrelated persons (six (6) or less persons). "Care of nonrelated persons (six (6) or less persons)" means a state-licensed family care home giving nonmedical services on a twenty-four (24) hour a day basis to six (6) or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children. For the purposes of this title the care of nonrelated persons as defined in this section shall be considered a single-family residential use subject only to the provisions of this title dealing with single-family residential uses. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.31. Caretaker's residence. "Caretaker's residence" means an accessory building containing a dwelling for caretakers or servants for the land or main building(s). "Caretaker's residence" includes servants' quarters. No caretaker's residence shall be rented, let or otherwise hired out. (Prior Code § 10-67 (part))

Section 12-2.32. Carport. "Carport" means a permanent roofed structure with not more than two (2) enclosed sides, used for automobile shelter. (Prior Code § 10-67 (part))

Section 12-2.32A. Charitable event barbecue or sponsored event barbecue or benefit barbecue. “Charitable event barbecue” or “sponsored event barbecue” or “benefit barbecue” means a qualified fundraising barbecue that occurs not more than three consecutive days in any calendar quarter for the purpose of assisting people after a catastrophic event. (Ord. 2006-09, eff. 6/16/06)

Section 12-2.33. Charitable or religious institution. "Charitable or religious institution" means a church or other building devoted to philanthropic or nonprofit social welfare activities. (Prior Code § 10-67 (part))

Section 12-2.33.1. Child day care center. "Child day care center" means any child day care facility other than a family day care home, and includes infant centers, preschools and extended day care facilities. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.34. Church. "Church" means a permanently located building commonly used for religious worship. Such building shall be fully enclosed with walls (including windows and doors), having a roof of other than canvas or fabric, and shall conform to applicable legal requirements affecting design and construction. (Prior Code § 10-67 (part))

Section 12-2.35. Code. "Code" means the "Santa Maria Municipal Code."(Prior Code § 10-67 (part))

Section 12-2.36. Collector. "Collector" means as defined in the circulation element of the General Plan. (Prior Code § 10-67 (part))

Section 12-2.37. Commercial uses. "Commercial uses" means those uses other than residential, religious or public educational uses which are permitted in any of the commercial zones contained in this title. (Prior Code § 10-67 (part))

12-2-4 Section 12-2.38. Commission. "Commission" means the Planning Commission of the City. (Prior Code § 10-67 (part))

Section 12-2.39. Community Development Director. "Community Development Director" means the Director of Community Development of the City. (Prior Code § 10-67 (part))

Section 12-2.39A. Community event. "Community event" means an event that is of a civic, political, public, or educational nature, including county fairs, city festivals, certified farmers’ market, and other public gathering events as specifically declared by the City Council. (Ord. 2006-09, eff. 6/16/06)

Section 12-2.39B. Community event barbecue. “Community event barbecue” means a qualified fundraising barbecue operating out of temporary facilities approved by the County Health Department at an approved location for a period of time not to exceed 25 consecutive or nonconsecutive days in any calendar quarter in conjunction with a single, weekly, or monthly community event as declared by the City Council. (Ord. 2006-09, eff. 6/16/06)

Section 12-2.40. Conditional use. "Conditional use" means a use which requires a special degree of control because of characteristics peculiar to it, or because of size, technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities. Such control is to ensure that the particular use at the particular site on which such use is proposed to be located is compatible with other existing or permitted uses surrounding the site. (Prior Code § 10-67 (part))

Section 12-2.41. Conforming structure. "Conforming structure" means a structure designed and built for a use permitted in the zone and complying with the property development standards of the zone in which such structure is located. (Prior Code § 10-67 (part))

Section 12-2.42. Conforming use. "Conforming use" means a use permitted under the terms of this title in the zone in which such use is carried on. (Prior Code § 10-67 (part))

Section 12-2.43. Convenience business establishments. "Convenience business establishments" means neighborhood businesses designed and intended to serve the daily trade or service needs of adjacent and surrounding population. Such establishments include convenience-type small grocery stores, variety stores, drug stores, coin-operated laundry and dry cleaning establishments, beauty shops, barbershops and medical and dental offices. Specifically excluded are the sale of gasoline, repair garages and drive-in eating and drinking establishments. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 82-1046 § 1(B), eff. 1/20/83: prior Code § 10-67 (part))

Section 12-2.44. Corner cutback. "Corner cutback" means the provisions for maintenance of adequate space for safe visibility to protect vehicular and pedestrian traffic at all intersections of streets, alleys and/or private driveways, as provided in the zones. Such space will be kept free of building, structures and landscaping which would constitute a visual obstruction. (Prior Code § 10-67 (part))

Section 12-2-44.1. Cottage food operation. “Cottage food operation” means a business or enterprise located in a private home as set forth in Subdivision (a) of Section 113758 of the Health and Safety Code. (Ord. 2014-04, eff. 8/14/2014)

Section 12-2.45. Country club. "Country club" means a recreation activity carried on by an association of persons organized for nonprofit recreation and occupying a site containing not less than ten (10) acres of land. "Country club" does not include activities organized primarily to render a service which is customarily carried on as a business. (Prior Code § 10-67 (part))

12-2-5

Section 12-2.46. Curb. "Curb" means a City-approved concrete or asphalt concrete structure along the edge of the street pavement and raised above the pavement. (Prior Code § 10-67 (part))

Section 12-2.47. Day care home, large family. "Large family day care home" means a home which regularly provides care, protection and supervision in the provider's own home to nine (9) to fourteen (14) children, including children who reside at the home, for periods of less than twenty-four (24) hours per day, and has all appropriate licenses. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 83- 1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part)(Ord. 2000-18, eff. 12/5/00)

Section 12-2.48. Day care home, small family. "Small family day care home" means a home which regularly provides care, protection and supervision in the provider's own home to eight (8) or fewer children, including children who reside at the home, for periods of less than twenty-four (24) hours per day, and has all appropriate licenses. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))(Ord. 2000-18, eff, 12/5/00).

Section 12-2.49. Dedicated street. "Dedicated street" means a street offered to and accepted by the City. (Prior Code § 10-67 (part))

Section 12-2.50. Density. "Density" means the number of dwelling units that may be constructed per acre or per square foot of lot area. (Prior Code § 10-67 (part))

Section 12-2.51. District. "District": see Section 12-2.149, "Zone."(Prior Code § 10-67 (part))

Section 12-2.52. Drive-in restaurants or drive-in eating and drinking establishment. "Drive-in restaurant" or "drive-in eating and drinking establishment" means any commercial establishment serving food and drinks, making provisions encouraging consumption of food or beverages in automobiles, whether such consumption in automobiles is on the premises or at the curb adjacent to the premises. (Prior Code § 10-67 (part))

Section 12-2.52A. Driveway. “Driveway” means a private access with paving to a street, highway, alley, parking lot or easement. (Ord. 2005- 04, eff. 5/19/05)

Section 12-2.53. Dwelling. "Dwelling" means a building or portion thereof designed or used exclusively for residential purposes or occupancy. For the purposes of this title, "dwelling" does not include hotels, apartment hotels, motels, roominghouses, nursing homes, housing for the elderly, rest homes, university owned or leased housing or institutions. (Prior Code § 10-67 (part))

Section 12-2.54. Dwelling, four (4) family. "Four (4) family dwelling" means a dwelling containing four (4) dwelling units, a fourplex. (Prior Code § 10-67 (part))

Section 12-2.55. Dwelling, group. "Group dwelling" means two (2) or more single-family, two (2) family, three (3) family or four (4) family dwellings located on the same lot. (Prior Code § 10-67 (part))

Section 12-2.56. Dwelling, multifamily. "Multifamily dwelling" means a dwelling containing five (5) or more dwelling units, an apartment. (Prior Code § 10-67 (part))

12-2-6 Section 12-2.58. Dwelling, single-family. "Single-family dwelling" means a detached dwelling containing only one (1) dwelling unit. "Single-family dwelling" includes mobile homes certified under the National Mobilehome Construction and Safety Standards Act of 1974 (U.S.C. Section 5401, et seq.) and placed on a permanent foundation system approved by the state of California or the local building official. (Prior Code § 10-67 (part))

Section 12-2.59. Dwelling, three (3) family. "Three (3) family dwelling" means a dwelling containing three (3) dwelling units, a triplex. (Prior Code § 10-67 (part))

Section 12-2.60. Dwelling, two (2) family. "Two (2) family dwelling" means a dwelling containing two (2) dwelling units, a duplex. (Prior Code § 10-67 (part))

Section 12-2.61. Dwelling unit. "Dwelling unit" means one (1) or more rooms with interior access suitable for occupancy by one (1) family and containing sanitation facilities or no more than one (1) kitchen. (Ord. 85-1109 § 1 (5) (part), eff. 1/2/86: Ord. 83- 1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.62. Entrada Plan. "Entrada Plan" means the "Entrada Specific Plan of the City of Santa Maria, California, SP-1," adopted by Council Resolution No. 75-406l, on June l, 1976, as the same may be amended from time to time. (Prior Code § 10- 67 (part))

Section 12-2.63. Expressway. "Expressway" means "expressway" as defined in the circulation element of the General Plan. (Prior Code § 10- 67 (part))

Section 12-2.65. Fence. "Fence" means any device forming a physical barrier by means of wood, wire mesh, plastic, brick or other similar materials; provided, however, that where a fence is required as a condition of the improvement of the land pursuant to this title, the same shall consist of chain link with slats or a solid masonry wall, as approved by the Planning Commission, except that upon finding of special conditions unique to the property, the Planning Commission may allow such a fence to consist of other material or design. (Prior Code § 10-67 (part))

Section 12-2.66. Flammable gases. "Flammable gases" means acetylene, hydrogen, nitrous oxide and any other material so determined by the fire marshal. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.67. Flammable liquids. "Flammable liquids" means solvents, paint thinner, oil base paint, lighter fluid, gasoline, kerosene, white gas and any other material so determined by the fire marshal. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67)

Section 12-2.68. Floor area, gross. "Gross floor area," for the purposes of determining total gross building area and calculating parking requirements, means the sum of the gross horizontal areas of all floors, mezzanines and lofts of the building. Horizontal dimensions shall be taken from the exterior faces of the exterior walls of the building and shall include all enclosed and conditioned areas except stairways and elevators. (Ord. 86-32 § 1(c), eff. 2/19/87: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part)) (Ord. o. 97-12, Amended, 12/4/97)

Section 12-2.69. Garage. "Garage" means an accessory building or part of a main building of not less than eleven (11) by twenty (20) feet interior dimension, designed for the shelter and storage of a motor vehicle or vehicles and enclosed on three (3) or more sides. Garages must be open and usable for the parking of vehicles to satisfy the parking requirements of this Code. (Ord. 86-32 § 1(D), eff. 2/19/87: prior Code § 10-67 (part))

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Section 12-2.70. Garage, repair. "Repair garage" means a structure or portion thereof, other than a storage or parking garage, designed or used for the repairing, equipping or servicing of motor vehicles. Such garages may also be used for housing, storage or sale of motor vehicles. (Prior Code § 10-67 (part))

Section 12-2.71. Grade, finish. "Finish grade" means the natural or artificial slope of the land as it is to be maintained upon completion of the structure. (Prior Code § 10-67 (part))

Section 12-2.72. Guest home. "Guest home" means temporary living quarters, not a dwelling unit, however, within an accessory building, provided that no cooking facility is installed or maintained therein. (Ord. 86-32 § 1(E), eff. 2/19/87: prior Code § 10- 67 (part))

Section 12-2.73. Guestroom. "Guestroom" means a portion of a main building consisting of living quarters, not a dwelling unit, however, so arranged that there is no more than one (1) egress to the outdoors or to a public way, so that there is interior access to the common living areas of any dwelling unit occupying the main building, and providing that no cooking facility is installed or maintained. (Prior Code § 10-67 (part))

Section 12-2.74. Height of building. (a) "Height" of building means the vertical distance from the average finish grade of the building site as determined from the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof. (b) Exception: The following items may be permitted to a height in excess of that permitted within the zone when approved in the discretion of the Community Development Director when he determines they are safe and have no significant adverse effect upon surrounding property: Penthouse or roof structures for the housing of elevators, stairways, mechanical equipment required to operate and maintain the building, skylights, spires, tanks, flag poles, chimneys and antennas. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.75. Height of fences, walls or hedges. (a) "Height" of fences, walls or hedges shall be determined by the vertical distance from the highest ground- level elevation on either side of the wall. (b) Exception: Where the rear, side or front property line is lower than the finished pad elevation, the height of the wall shall be determined by the zoning administrator. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.76. Hospital. "Hospital" means an institution housing and caring for patients who may not be ambulatory and who require nursing and medical care on the premises. "Hospital" does not include an institution housing persons requiring restraint. (Prior Code § 10-67 (part))

Section 12-2.77. Household pets. "Household pets" means animals which can reasonably be domesticated and kept in a residential environment without interfering with the health, safety and welfare of adjacent residents. Household pets do not include roosters, sheep, goats, cows, pigs, horses, donkeys, burros, raccoons or other similar animals. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-67 (part))

Section 12-2.77.A. Intensification. “Intensification” means the addition of uses or expansion of physical space or increase of potential impacts (parking, noise, odor, environmental contamination, etc.) to a site. (Ord. 2005-04, eff. 5/19/05)

12-2-8 Section 12-2.78. Kennel. "Kennel" means any lot or premises on which four (4) or more dogs more than six (6) months of age are kept, boarded or trained; provided, however, that if other animals or birds or fowl are bought, sold or bartered, the classification to apply shall be that of a pet shop. (Prior Code § 10-67 (part))

Section 12-2.79. Kitchen. "Kitchen" means any room or portion of room used or intended or designed to be used for cooking and the preparation of food. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.80. Landscaping. "Landscaping" means the configuration of trees, shrubbery and other plant material, earth patterning and bedding materials in conjunction with open space. It shall not be construed to mean artificial turf or plants. (Prior Code § 10-67 (part))

Section 12-2.80A. Lattice. A framework or structure of crossed strips arranged to form a regular pattern of open spaces. (Ord. 2000-18, eff. 12/5/00).

Section 12-2.81. Less-intense use. "Less-intense use" means a use which serves fewer people or one which has less potential for detriment to persons and property in the immediate vicinity or requires fewer parking spaces in accordance with Chapter 32 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.82. Liquefied petroleum gas. "Liquefied petroleum gas" means butane or propane gas. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 67 (part))

Section 12-2.83. Local street. "Local street" means "local street" as it is defined in the circulation element of the General Plan. (Prior Code § 10-67 (part))

Section 12-2.84. Lodge. "Lodge" means a private institution whose purpose is fraternal and nonprofit. (Prior Code § 10-67 (part))

Section 12-2.85. Lot. "Lot" means a parcel of land of at least sufficient size to meet zoning requirements for use, coverage, area and open space as required by this Code. (Prior Code § 10-67 (part))

Section 12-2.86. Lot area. "Lot area" means the total area of land measured in a horizontal plane within the lot lines of the lot. (Prior Code § 10-67 (part))

Section 12-287. Lot, corner. "Corner lot" means a lot located at the intersection of two (2) streets at an angle of not more than one hundred twenty (120) degrees. (Prior Code § 10-67 (part))

Section 12-2.88. Lot coverage. "Lot coverage" means that area covered by building or structures. (Prior Code § 10-67 (part))

Section 12-2.89. Lot depth. "Lot depth" means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines. (Prior Code § 10-67 (part))

Section 12-2.90. Lot, interior. "Interior lot" means a lot which is not a corner lot. (Prior Code § 10-67 (part))

12-2-9 Section 12-2.91. Lot dimensions. "Lot dimensions" means the width and depth of a lot. (Prior Code § 10-67 (part))

Section 12-2.92. Lot line. "Lot line" means any line bounding a lot. (Prior Code § 10-67 (part))

Section 12-2.93. Lot line, front. "Front lot line" means the property line or lines separating a lot from street or streets in the case of an interior lot and the line separating the narrowest street frontage of a lot from the street in the case of a corner lot or reverse corner lot. A lot may have more than one (1) front lot line. (Prior Code § 10-67 (part))

Section 12-2.94. Lot line, rear. "Rear lot line" means a lot line which line is opposite and most distant from the front lot line. In the case of an irregular, triangular or gore-shaped lot, the rear lot line shall be a line within the lot, ten (10) feet long parallel to and at a maximum distance from the front lot line. A lot which is bounded on all sides by streets may have no rear lot line. (Prior Code § 10-67 (part))

Section 12-2.95. Lot line, side. "Side lot line" means any lot line which is not a front lot line or a rear lot line. (Prior Code § 10-67 (part))

Section 12-2.96. Lot width. "Lot width" means the horizontal distance between the side lot lines measured at right angles to the line representing the lot depth at a point on the line midway between the front and rear lot lines. In the case of a lot with a long narrow appendage abutting the street, the horizontal distance shall be measured at a point midway between the rear lot line and the beginning of the main body of the lot. (Prior Code § 10-67 (part))

Section 12-2.97. Mechanical riding machines. "Mechanical riding machines" means stationary amusement machines designed to support a person and vigorously gyrate in an attempt to throw the person off the machine. Commonly referred to as a "mechanical bull." (Prior Code § 10-67 (part))

Section 12-2.98. Medical, chiropractic, physical therapy or dental office. "Medical, chiropractic, physical therapy or dental office" means an office in which those professionals and allied professionals and assistants are associated for the purpose of carrying on their profession. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-67 (part))

Section 12-2.99. Microwave antenna. "Microwave antenna" means a directional microwave antenna having a concave reflector. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.100. Miniwarehouse. "Miniwarehouse" means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods or wares. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.101. Mobile home. "Mobile home" means a structure or vehicle, without its own motor power, used or designed for living or sleeping purposes. It is equipped with wheels for the purpose of transporting such from place to place but is generally located on a fixed or semi-permanent base. A mobile home or house trailer is not a dwelling unit. In addition, a travel trailer is not to be considered as a mobile home. (Compare "recreational vehicles.") (Prior Code § 10-67 (part))

Section 12-2.102. Mobile home park. "Mobile home park" means any lot or parcel of land where trailer or mobile home sites are rented or leased or offered for rent or lease for one (1) or more house trailers or mobile homes. (Compare "tourist camp.") (Prior Code § 10-67 (part))

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Section 12-2.103. Mobile home site. "Mobile home site" means that portion of a mobile home park set aside and designated for the occupancy of a mobile home and including the area set aside or used for parking or structures including awnings, cabanas or ramadas which are accessory to the mobile home. (Prior Code § 10-67 (part))

Section 12-2.104. Neighborhood commercial (convenience) center. "Neighborhood commercial (convenience) center" means a development intended for limited commercial uses which will serve only the needs of the immediate residential neighborhood for convenience goods and personal services, excluding the sale of gasoline, repair garages and drive-in eating and drinking establishments. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 82-1046 § 1(D), eff. 1/20/83: prior Code § 10-67 (part))

Section 12-2.104A. Neo-traditional Neighborhood. “Neo-traditional neighborhood” means a residential neighborhood consisting of a variety of architectural styles with the following mandatory design elements: city approved nostalgic street lights, front property line located at back of curb, a 14 to 16 foot deep public utility easement paralleling the street with an 8 foot wide landscaped parkway and a 4 foot wide sidewalk, garages set back a minimum of 6 feet from the main structure, canopy street trees from the Recreation and Parks Department approved canopy street tree list. Other design features that are encouraged are alleys, front porches, multipurpose trails, and interconnecting streets. (Ord. 2005-04, eff. 5/19/05)

Section 12-2.105. Nonconforming lot. "Nonconforming lot" means a lot created lawfully and existing on the effective date of the applicable zoning regulations and existing since that time in nonconformance to the zoning regulations. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.106. Nonconforming structure. "Nonconforming structure" means a lawful structure existing on the effective date of the applicable zoning regulations and existing since that time in nonconformance to the zoning regulations. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.107. Nonconforming use. "Nonconforming use" means a lawful use existing on the effective date of the zoning regulations and continuing since that time in nonconformance to the zoning regulations. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 67 (part))

Section 12-2.107.1. Non-taxable merchandise floor area. "Non-taxable merchandise floor area" means floor area devoted to merchandise, including but not limited to food products, commodities and/or goods, where said items are not subject to California state sales tax. This includes areas for meat and produce processing, packaging, storage, display and merchandising. (Ord. 97-12, eff. 12/4/97)

Section 12-2.108. Non-Profit or not-for-profit or qualified or sponsored. “Non-Profit” or “not-for-profit” or “qualified” or “sponsored” means the same definition used by the State Health and Safety Code section 113823. (Ord. 2006-09, eff . 6/16/06)

Section 12-2.108A. Occasional event barbecue. “Occasional event barbecue” means a qualified fundraising barbecue that occurs not more than three consecutive days in any calendar quarter for the purpose of funding community programs and projects or charities. (Ord. 2006-09, eff . 6/16/06)

Section 12-2.110. Outdoor storage. "Outdoor storage" means storage of goods, equipment or materials outside of any building or structure, but not including storage of a temporary or emergency nature. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-67 (part))

12-2-11 Section 12-2.110A. Patio Cover A roof like-like structure not exceeding twelve (12) feet in height which is placed over a patio to provide shade or protection from the elements. A patio cover is typically supported by vertical posts.

Section 12-2.111. Parcel map. "Parcel map" means a map showing the division of land as defined and described in the Subdivision Map Act of the state Government Code. (Prior Code § 10-67 (part))

Section 12-2.111A. Paving. “Paving” means the following: (a) A created surface, such as brick, stone, concrete, or asphalt, permanently affixed/placed on the land to facilitate passage; (b) That part of a street having an improved surface. (Ord. 2006-13, eff. 10/2/06; Ord. 2005-04, eff. 5/19/05)

Section 12-2.112. Penny arcade. "Penny arcade" means shall mean the commercial activity involving four (4) or more coin-operated machines, as defined in Section 4-6.101 of this Code, within a building or a portion of a building. (Prior Code § 10-67 (part))

Section 12-2.113. Pet shop. "Pet shop" means the building in which animals are bought, sold or bartered and boarded therein. (Prior Code § 10-67 (part))

Section 12-2.113A. Physical fitness center/health club. “Physical fitness center/health club” means an establishment that includes facilities for exercise activities, such as aerobic exercises, running and jogging, or exercise equipment, game courts, or swimming facilities, and may also include saunas, showers, massage rooms, and lockers. These facilities may also include pro shops selling a variety of sports equipment and clothing. Instruction programs, aerobic classes, and weight control programs may be part of the club. They are open only to members and guests on a membership basis and not to the public at large paying a daily admission fee. (Ord. 2005-04, eff. 5/19/05)

Section 12-2.113.1. Pipeline. A pipeline used for the transmission of oil, gas, wastewater, toxic or hazardous materials over, across, through or in private property or public right-of-way, excluding incidental on-site pipelines serving a permitted use including utility lines serving an approved subdivision or development. (Ord. 86-32 § 1(F), eff. 2/19/87)

Section 12-2.114. Plan, general. "General Plan" means as it is defined by the state laws. (Prior Code § 10-67 (part))

Section 12-2.115. Plan, specific. "Specific plan" means as it is defined by the state laws. (Prior Code § 10-67 (part))

Section 12-2.116. Planned community. "Planned community" means the comprehensive, unified design of a parcel or parcels of contiguous property for the planned arrangement of uses permitted within the zone or zones in which the project is to be developed. (Prior Code § 10-67 (part))

Section 12-2.117. Planning Commission. "Planning Commission" means the Planning Commission of the City, which is the designated planning agency of the City. (Prior Code § 10-67 (part))

Section 12-2.118. Private recreation club. "Private recreation club" means a privately owned and operated recreation activity carried on by an association of persons for a nonprofit purpose, but shall not include an activity organized primarily to render a service which is customarily carried on as a business. (Prior Code § 10-67 (part))

12-2-12 Section 12-2.119. Property line. "Property line" means a line separating a parcel of land from another parcel or from the street or alley. (Prior Code § 10-67 (part))

Section 12-2.120. Public utility. "Public utility" means any legal entity authorized by the state laws or pursuant to local franchise to provide the community water, gas, electricity, telephone or other services. (Prior Code § 10-67 (part))

Section 12-2.121. Recreation area. "Recreation area" means any portion of a mobile home park or other residential complex devoted to community leisure activities exemplified by swimming pools, patios, barbecue areas, game rooms, play yards or landscaped open space. (Prior Code § 10-67 (part))

Section 12-2.122. Recreational vehicles. "Recreational vehicles" include the following: (a) "Boats and boat trailers" includes boats, floats of every kind and rafts, plus the normal equipment to transport the same on a highway. (b) "Folding tent trailer" means a canvas folding structure mounted on wheels and designed for travel and vacation use. (c) "Camper" means a structure designed primarily to be mounted upon a motor vehicle and with sufficient facilities to render suitable for use as a temporary dwelling for camping travel, recreational and vacation purposes. (d) "Motorized home" means a portable dwelling designed and constructed as an integral part of a self- propelled vehicle. (e) "Travel trailer" means a vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses permanently identified as a travel trailer by the manufacturer. (Prior Code § 10-67 (part))

Section 12-2.123. Residential use. "Residential use" means a use for permanent or quasi-permanent dwelling purposes in a single-family dwelling, two (2) family dwelling, three (3) family dwelling or multifamily dwelling and all of the incidental uses thereto. (Prior Code § 10-67 (part))

Section 12-2.124. Rest home. A "rest home" generally consists of the premises and buildings used for the housing and care of aged, infirm or handicapped persons for compensation, but in which are kept for such compensation no persons suffering from mental illness or communicable disease, and in which are performed no surgery or maternity care or any other treatment customarily provided for in a sanitarium or hospital, so that such homes may not include any persons requiring regular nursing care. For the purposes of this definition, "aged persons" are persons whose chronological ages meet the qualifications established by the state Welfare and Institutions Code for recipients of old age security benefits. In no event shall the number of rest home guests be permitted to exceed one (1) guest for each one thousand (1,000) square feet of lot area. (Prior Code § 10-67 (part))

Section 12-2.125. Restaurant. "Restaurant" means a place that is designed and used for the sale and consumption of prepared food on the premises. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.126. Restaurant, fast-food. "Fast-food restaurant" means a place that is primarily designed and used for the sale of prepared foods to be consumed off the premises. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.127. Retail business. "Retail business" means a place that is designed and used for the sale of commodities or goods to consumers. "Retail business" does not include the sale or serving of prepared food. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

12-2-13 Section 12-2.127.1. Retail floor area. "Retail floor area," for the purposes of determining gross floor area, means the sum of the gross horizontal areas of all enclosed floors, mezzanines, and lofts of the building devoted to retail sales of merchandise, as defined in Sec. 12-2-127.2, including floor areas to display, merchandise, access aisles, storage, warehousing and distribution. (Ord. 97-12, eff. 12/4/97)

Section 12-2.127.2. Retail sales. "Retail sales" means the sale of merchandise for which California state sales tax is required by the State Franchise Tax Board and applicable state law(s). (Ord. 97-12, eff. 12/4/97)

Section 12-2.128. Room. "Room" means a room enclosure or portion of a room enclosure within a dwelling unit, room rental or hotel. Bathrooms, hallways, closets and service porches are not "rooms." (Prior Code § 10-67 (part))

Section 12-2.128.1. Sanitation facilities. "Sanitation facilities" means a full bath or a three-quarter bath. (Ord. 85-1109 § 1 (5) (part), eff. 1/2/86)

Section 12-2.129. School, elementary and high. "Elementary school" and "high school" mean institutions of learning which offer instruction in the several branches of learning and study required to be taught to the public by the state Education Code. "High school" includes junior and senior. (Prior Code § 10-67 (part))

Section 12-2.130. School, private. "Private school" means a nongovernmental institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the state Education Code. (Prior Code § 10-67 (part))

Section 12-2.131. Screening. "Screening" means solid walls, solid fences or dense, living hedges for the purpose of concealing from view the area behind such structure or hedges. (See also "fence" and "landscaping.") (Prior Code § 10-67 (part))

Section 12-2.132. Secretary of the Planning Commission. "Secretary of the Planning Commission" means the secretary of the Planning Commission of the City. (Prior Code § 10-67 (part))

Section 12-2.133. Setback. "Setback" means a minimum horizontal distance between the planned street line, and the building line. (See also "yard" and "building line.") (Prior Code § 10-67 (part))

Section 12-2.134. Shopping center. "Shopping center" means a group of retail stores and service establishments containing a minimum of forty thousand (40,000) square feet of gross floor area, with common access from the public street and common parking, designed to serve a community or neighborhood. If a shopping center contains more than one (1) parcel, reciprocal parking and access agreements must be recorded for all properties. (Ord. 90-22 § 1, eff. 10/18/90: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-67 (part))

Section 12-2.135. Side and front of corner lots. The narrowest frontage of a corner lot facing the street is the "front" and the longest frontage facing the intersecting street is the "side," irrespective of the direction in which the dwelling faces, except when the zoning administrator has designated the wide frontage to be the "front" of the building site for setback purposes. (Prior Code § 10-67 (part))

Section 12-2.136. Signs. “Sign” is defined in Section 12-34.03. (Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

12-2-14 Section 12-2.136.1. Repealed. Repealed. (Ord. 2012-08, eff. 5/17/2012; Ord. 2005-04, eff. 5/19/05)

Section 12-2.137. Street. "Street" means a public or private thoroughfare which affords a primary means of access to abutting property. "Street" includes, in addition to the paved travel way, all land within the street right-of-way. (Prior Code § 10-67 (part))

Section 12-2.138. Street plan line. "Street plan line" means a line delineating the proposed right-of-way for a planned street, and appearing in a precise street plan adopted by the City. (Prior Code § 10-67 (part))

Section 12-2.139. Structural alterations. "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (Prior Code § 10-67 (part))

Section 12-2.140. Structure. "Structure" means anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts jointed together in some definite manner, which requires location on the ground or is attached to something having a location on the ground, except outdoor areas such as patios, paved areas, walks, swimming pools, tennis courts and other similar recreation areas; provided, however, that swimming pools are and shall be governed by the provisions of Chapter 9-7 of this Code. (Prior Code § 10-67 (part))

Section 12-2.140.1. Supportive Housing. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist 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.” Supportive housing is a project that meets the requirements of, and is funded with funds appropriated for supportive housing projects pursuant to, California Health and Safety Code Section 50675.14, and Title 25, Division 1, Chapter 7, Subchapter 4, Article 6 of the California Code of Regulations, Supportive Housing Loans, and as such is a project that contains supportive housing units at least equal to the greater of 5 units or 35 percent of the total number of units in the project. Supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2013-03, eff. 6/6/13)

Section 12-2.141. Transient. "Transient" means any person who exercised occupancy for a reason of concession, permit, right of access, license, or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. (Prior Code § 10-67 (part))

Section 12-2.141.1. Temporary Retail Sales. “Temporary Retail Sales” means the sales of goods, usually in small quantities, not exceeding seventy-two (72) consecutive hours and not more than once per calendar quarter. (Ord. 2011-06, eff. 8/18/11)

Section 12-2.141.2. Temporary Buying. “Temporary buying” means the acquisition of goods by paying or promising to pay an equivalent, especially in a currency exchange not exceeding seventy-two (72) consecutive hours and not more than once per calendar quarter. (Ord. 2011-06, eff. 8/18/11)

Section 12-2.141.3. Transitional Housing. “Transitional housing” and “transitional housing development” means buildings configured as a rental housing developments, but operated 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, and that is has been determined to be eligible to receive transitional housing funding as administered by the Department of Housing and Community Development, through the Multi-Family Hosing Program, California Health and Safety Code Section 50675 et al. As a “Rental housing development” as defined in

12-2-15 California Health and Safety Code Section 50675.2, a transitional housing project shall contain five or more dwelling units. Transitional housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Ord. 2013-03, eff. 6/6/13)

Section 12-2.141A. Trellis. “Trellis” means an open vertical frame supporting open latticework, used as a screen or a support for growing vines or plants. (Ord. 2000-18, eff. 12/5/00).

Section 12-2.142. Truck stop. "Truck stop" means a facility used to serve the needs of the transient truck driver where petroleum products, light vehicle maintenance, food and lodging may be obtained. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 82-1046 § 1(C), eff. 1/20/83: prior Code § 10-67 (part))

Section 12-2.143. Wall. "Wall" means any structure or device forming a physical barrier which is so constructed that fifty (50) percent or more of the vertical surface is closed and prevents the passage of light, air and vision through the surface in a horizontal plane; provided, however, that where a wall is required as a condition of the improvement of land pursuant to this title, the same shall consist of solid masonry, as approved by the Planning Commission, except that upon a finding of special conditions unique to the property, the Planning Commission may allow such a fence to consist of other material or design. (Prior Code § 10-67 (part))

Section 12-2.144. Wholesale distributor. "Wholesale distributor" means a business establishment engaged in the selling of goods to retailers or industrial, institutional and commercial users for resale or business use. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-67 (part))

Section 12-2.145. Yard. "Yard" means any open space other than a court on the same lot with a building or a dwelling group, which space is clear of structures and thus open from ground to sky, except for the projections and/or accessory buildings permitted by these regulations. No required yard or other open space around a building existing as of the effective date of the ordinance from which this section derives, or which is thereafter provided around any building for the purpose of complying with the provisions of these regulations, may be considered as providing a yard or open space for any other building; nor may any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected. (Prior Code § 10-67 (part))

Section 12-2.146. Yard, front. "Front yard" means a space extending the full width of the lot, between the front lot line or the street plan line and a line parallel thereto at a distance equal to the depth of the required front yard for the zone in which the lot is located. (Prior Code § 10-67 (part))

Section 12-2.147. Yard, rear. "Rear yard" means a space extending the full width of the lot, between the rear lot line and a line parallel thereto at a distance equal to the depth of the required yard for the zone in which the lot is located. (Prior Code § 10-67 (part))

Section 12-2.148. Yard, side. "Side yard" means a space extending from the front yard to the rear yard, between the side lot line or the street plan line and a line parallel thereto at a distance equal to the depth of the required side yard for the zone in which the lot is located. (Prior Code § 10-67 (part))

Section 12-2.149. Zone. "Zone" means a land area shown on the official zoning map of the City to which uniform regulations apply and referred to as a district or zoning district. (Prior Code § 10-67 (part))

12-2-16 CHAPTER 12-3 DISTRICTS AND MAP

Section 12-3.01. Districts enumerated. For the purpose of promoting the objectives of this title, the City is divided into the following districts:

Districts Title

OS Open Space District RA Residential Agricultural District R-1 Single-Family Residential District RSL-1 Residential Small Lot District R-2 Medium-Density Residential District R-3 High-Density Residential District RMH Residential Mobile Home Park District CPO Commercial Office and Professional Office District CC Convenience Center District C-1 Central Business District C-2 General Business District CZ Clear Zone FS Freeway Service District M-1 Light Manufacturing District CM Commercial and Manufacturing District M-2 General Manufacturing District PF Public Facilities and Institutional District SP Specific Plan Zoning District AS-I Airport Service I Zone AS-II Airport Service II Zone AS-III Airport Service III Zone AA Airport Approach Zone Combining Regulations PD Planned Development Overlay District H Historic Overlay District

(Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90; Ord. 91-17 § 1 (part), eff. 10/3/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 84-1087 § 1 (part), eff. 12/6/84; Ord. 84-1077 § 1 (part), eff. 11/1/84; prior Code § 10-68)

Section 12-3.02. Map adopted. The designations, locations and boundaries of the districts established are delineated upon the map entitled "Zoning Map for the City of Santa Maria, California," dated March 6, 1978, as amended, which map and all notations and information thereon are made a part of this section by reference. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-69 (part))

Section 12-3.03. Undesignated land. Any land within the incorporated limits of the City, as of or after the effective date of the ordinance from which this section derives, and not designated or indicated as any other district on the zoning map, shall be in the open space (OS) district. (Prior Code § 10-69 (part))

Section 12-3.04. Entrada Specific Plan. (a) The Entrada Specific Plan SP-1 and accompanying map entitled "Entrada Plan Map," adopted by the Council on June 1, 1976 by Resolution No. 75-4061, as amended, is on file in the office of the City Clerk as File No. H-47. (b) Under certain circumstances the uses within the areas shown on the Entrada Plan Map are required to comply with the development standards as set forth in the Entrada Specific Plan SP-1, the provisions of which are incorporated in this section by reference. (Prior Code § 10-69.1)

12-3-1 Section 12-3.05. Westside Revitalization Project Design Guidelines. (a) The "Westside Revitalization Project Design Guidelines," adopted by the Council on March 3, 1981, by Resolution No. 81-220, is on file in the office of the City Clerk. (b) The development standards set forth in the guidelines are incorporated in this section by reference and apply to areas within the C-1 (central business) zoning district. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-69.2)

12-3-2 CHAPTER 12-4 OS OPEN SPACE DISTRICT

Section 12-4.01. Regulations designated. The sections of this chapter constitute the regulations of the OS (open space) district. (Prior Code § 10-70)

Section 12-4.02. Purpose. The OS district is designed and intended to provide open space for the preservation of natural resources, managed production of resources, outdoor recreation, the protection of public health and safety, and to preserve natural scenic areas for future population, and to provide areas for future planned growth of the City. (Prior Code § 10-70.1)

Section 12-4.03. Permitted uses. The following uses shall be permitted in the OS district: (a) Agricultural lands (areas of economic importance for the production of food or fiber), including farms, plant nurseries, orchards and truck gardening; (b) Forest lands; (c) Range lands; (d) Areas required for recharge of groundwater basin, including retention basins required for flood control; (e) Rivers, streams, reservoirs and fishing/casting ponds; (f) Areas containing major mineral deposits including sand and gravel; (g) Areas required for the preservation of plants and animal life, including habitat for wildlife species; (h) Areas for outdoor recreation, including parks, utility easements, riding, hiking and bikeways; (i) Areas for transportation corridors including scenic highways, railways and associated uses; i.e., freight and passenger rail service; (j) Areas which require special management or regulation because of hazardous conditions such as earthquake fault zones, unstable soil areas, floodplains, watersheds, areas presenting high fire risks, and areas required for the protection of groundwater recharge, and water storage areas; (k) Country clubs; (l) Golf courses and driving ranges; (m) Land reclamation projects; (n) Publicly owned and operated sanitary landfill operations. (Ord. 91-21 § 1 (part), eff. 10/3/91: Ord. 83- 1051 § 3, eff. 4/14/83: prior Code § 10-70.2)

Section 12-4.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare and are found by the Planning Commission to be compatible with adjacent properties, and which are of a comparable nature and of the same class enumerated in this section, shall be permitted in the OS district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Commercial greenhouses; (b) Commercial recreation facilities; (c) Extraction of natural resources, including buildings and structures necessary to the production of such natural resources on the site; (d) Dwellings, single-family, on lots or parcels with a minimum size of twenty (20) acres; (e) Riding academies and stables with the boarding of horses; (f) Public utility structures; (g) Electrical substations; (h) Tourist information centers; (i) Libraries and museums; (j) Cemeteries; (k) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (l) New pipelines; (m) Parking, storage and sales of vehicles when the property is adjacent to, and is considered to be compatible with, nonresidential uses. (Ord. 91-21 § 1 (part), eff. 10/3/91: Ord. 86-32 § 2 (part), eff. 2/19/87; prior Code § 10- 70.3)

12-4-1

Section 12-4.05. Accessory uses. Premises in the OS (open space) district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use. (Prior Code § 10-70.4)

Section 12-4.06. Development standards. Development, uses and structures in the OS district shall be subject to the development standards set out in the following sections of this chapter. (Prior Code § 10-70.5)

Section 12-4.07. Development plans. The following development plans are required: (a) Plot plan showing: (1) Location of each building and structure, including setbacks, (2) Approximate areas to be used for various purposes, (3) Parking areas, landscaping, and vehicular and pedestrian access, (4) Topography and natural features of the site including trees and vegetation; (b) Elevations or perspective drawings for all proposed structures; (c) Time schedule for development indicating the length of time for construction or preparation for the proposed use or change in use and when the new or additional use will begin. (Prior Code § 10-70.5(a))

Section 12-4.08. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-70.5(b))

Section 12-4.09. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-70.5(c))

Section 12-4.10. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Prior Code § 10-70.5(d))

Section 12-4.11. Single-family architectural and aesthetic standards. Architectural and aesthetic standards, single-family dwellings: (a) Roof overhang and pitch shall be equal to and compatible with roof overhangs and roof pitches in the neighborhood in which the home is going to be located. (b) Roofing materials: (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles; (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Siding materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located, i.e. stucco, wood, brick, stone or decorative concrete block, slumpstone or split face block; (2) The exterior siding material shall extend to the ground; (3) No shiny or reflective materials shall be permitted. (Prior Code § 10-70.5(e))

Section 12-4.12. Mobile homes: Surrender of registration. (a) The owner of a mobile home, on the same day the certificate of occupancy is issued, shall surrender to the City the certificate of ownership, license plates or decals, and other Department of Motor Vehicles registration indicia. If any of these items are not available, the owner shall submit to the City a "statement of facts" on Department of Motor Vehicles form reg. 256 indicating, under penalty of perjury, that these items are missing or lost (Section 18551 of the state Health and Safety Code). (b) When the mobile home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mobile home dealer selling the mobile home, stating that the

12-4-2 mobile home is new and has never been registered with the Department of Motor Vehicles of the State (Section 18551 of the State Health and Safety Code). (Prior Code § 10-70.5(f))

Section 12-4.13. Airport-adjacent development. Special performance standards regarding development adjacent to or on the Santa Maria Public Airport: (a) Lights must be so arranged/hooded so as not to create confusion for arriving aircraft or interfere with the observation of aircraft from the control tower at night. (b) No object or structure may be erected, nor any natural growth be allowed, to penetrate any imaginary surface defined in Federal Aviation Regulation Part 77, Section 77.25. (Ord. 84-1077 § 1 (Exhibit B) (A) (part), eff. 11/1/84)

12-4-3 CHAPTER 12-5 RA RESIDENTIAL AGRICULTURAL DISTRICT

Section 12-5.01. Regulations designated. The sections of this chapter constitute the regulations of the RA (residential agricultural) district. (Prior Code § 10-71)

Section 12-5.02. Purpose. The RA district is designed and intended for use in areas particularly suited for light agricultural activities and large suburban estates. Permitted uses are intended to encourage light agricultural pursuits and other uses required for or desired by the inhabitants of the community. An area so zoned may provide the land necessary to permit future low-density single-family residential development as the need arises, and for recreational and service facilities in conjunction therewith. Development standards are imposed to assure that such uses will be established and maintained so as to promote an orderly growth of the area. (Prior Code § 10-71.1)

Section 12-5.03. Permitted uses. The following uses shall be permitted in the RA district: (a) Dwellings, single-family; (b) Keeping of cattle, sheep, goats or horses on a lot or parcel of land having an area of not less than two (2) acres; provided, that not more than two (2) such animals per acre are permitted, including the supplementary feeding of such cattle, sheep, goats or horses; provided further, that such grazing is not a part of nor conducted in conjunction with any dairy, livestock feedyard, livestock sales yard or commercial riding academy located on the same premises. No buildings, structures, pens or corrals designed or intended to be used for the housing or concentrated feeding of such stock shall be used on the premises for such grazing other than racks for supplementary feeding, troughs for watering or incidental fencing; (c) Tree farming; (d) Home occupations subject to the home occupation regulations contained in Chapter 12-29 of this title. (e) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-71.2)

Section 12-5.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated for this zone, shall be permitted in the RA district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Commercial raising of birds, chinchilla, mice, frogs, fish, earthworms and other similar animals of comparable nature, form and size including hatching, fattening, marketing and sale on a lot or parcel of land with an area of not less than five (5) acres. Commercial raising of poultry, fowl or rabbits are not permitted uses in the RA district; (b) Communication equipment buildings, such as microwave stations; (c) Model homes erected on the same premises and used in conjunction with a new subdivision tract offered for sale for the first time, provided they are not used for sale of off-site realty; (d) Water reservoirs, dams, treatment plants, gauging stations, pumping stations, and any other use normal and appurtenant to the storage and distribution of water, except as otherwise permitted in Section 12-5.05; (e) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1. (Ord. 86-32 § 2 (part), eff. 2/19/87; prior Code § 10-71.3)

Section 12-5.05. Accessory uses. Premises in the RA district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any permitted principal use, including but not limited to: (a) Accessory buildings or structures other than for the housing, nurture or confinement of animals including but not limited to: (1) Private garages, carports and children's playhouses, (2) Toolhouses, lathhouses, greenhouses and storage buildings,

12-5-1 (3) Windmills, silos, tank houses, buildings or shelters for farm equipment or machinery, water wells, water reservoirs and storage tanks; (b) Accessory buildings or structures required for the housing, nurture, confinement or storage of animals lawfully permitted or produced on the premises; (c) Building materials, storage of, used in the construction of building or building project, during construction and thirty (30) days thereafter, including the contractor's temporary office, provided that any lot or parcel of land so used shall be a part of the building project or on property adjoining the construction site; (d) A caretaker's residence, where the legally established use requires the continuous supervision of a caretaker or superintendent, if occupied only by such caretaker and his family; (e) A guesthouse; (f) The keeping of household pets, aviaries and greenhouses for domestic or hobby uses. (Prior Code § 10- 71.4)

Section 12-5.06. Development standards. Development, uses and structures in the RA district shall be subject to the development standards set out in the following sections of this chapter. (Prior Code § 10-71.5 (part))

Section 12-5.07. Building site. Minimum building site required: (a) Required Area. Each lot or parcel of land in the RA district shall have a lot area of not less than twenty thousand (20,000) square feet when no number follows the zoning symbol on the zoning map. When a number follows the zoning symbol, each lot or parcel of land shall have a minimum lot area not less than the number following the zoning symbol. If such number is less than one hundred (100), it shall mean acres and if such number is more than one hundred (100) it shall mean square feet; provided, however, that no such lot or parcel of land shall have a minimum lot area of less than twenty thousand (20,000) square feet. (b) Lot Area per Dwelling Unit. The lot area per dwelling unit shall be the same as the lot area required in this zone. (c) Lot Width. Each lot or parcel of land in the RA district shall have a minimum lot width of not less than one hundred (100) feet. (Prior Code § 10-71.5(a))

Section 12-5.08. Height. No lot or parcel of land in the RA district shall have a building or structure used for dwelling purposes or public assembly, in excess of two (2) stories or twenty-five (25) feet in height, nor an accessory building in excess of thirty-five (35) feet. (Prior Code § 10-71.5(b))

Section 12-5.09. Setbacks. (a) Front Yard. Each lot or parcel of land in the RA district shall have a front yard of not less than thirty (30) feet in depth. (b) Side Yard. (1) Each lot or parcel of land in the RA district shall have a side yard of not less than ten (10) percent of the width of the lot, but need not exceed twenty (20) feet. (2) Accessory structures shall be located not closer than twenty (20) feet to any side lot line. (3) Permitted structures for the housing of horses, cattle, sheep, goats or other animals shall be located no closer than twenty-five (25) feet from side lot lines. (c) Rear Yard. (1) Primary structures, such as dwelling units shall be set back at least forty-five (45) feet from the rear lot line. (2) Accessory structures not used for housing of animals shall be set back at least twenty-five (25) feet from the rear lot line, and in accordance with other requirements for this zone. (3) Every permitted structure for the housing of horses, cattle, sheep, goats or other animals shall be located on the rear half of the lot, but need not be located more than one hundred (100) feet from a front lot line. No structure for housing such animals shall be within fifty (50) feet of any existing public building, park, school, street or highway, or building used for human habitation. (Prior Code § 10-71.5(c))

Section 12-5.10. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-71.5(d))

12-5-2

Section 12-5.11. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-71.5(e))

Section 12-5.12. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04 of this title. (Prior Code § 10-71.5(f))

Section 12-5.13. Single-family architectural and aesthetic standards. Architectural and aesthetics standards, single-family dwellings: (a) Roof overhang and pitch shall be equal to or compatible with roof overhangs and roof pitches in the neighborhood in which the home is to be located. (b) Roofing materials: (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles, (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., stucco, wood, brick, stone or decorative concrete block, slumpstone or split-face block, (2) The exterior siding material shall extend to the ground, (3) No shiny or reflective materials shall be permitted. (Prior Code § 10-71.5(g))

Section 12-5.14. Mobile homes: Surrender of registration. (a) The owner of a mobile home, on the same day the certificate of occupancy is issued, shall surrender to the City the certificate of ownership, license plates or decals, and other Department of Motor Vehicles registration indicia. If any of these items are not available, the owner shall submit to the City a "statement of facts" on Department of Motor Vehicles form reg. 256 indicating, under penalty of perjury, that these items are missing or lost (Section 18551 of the state Health and Safety Code). (b) When the mobile home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mobile home dealer selling the mobile home is new and has never been registered with the Department of Motor Vehicles of the state (Section 18551 of the state Health and Safety Code). (Prior Code § 10-71.5(h))

12-5-3 CHAPTER 12-6 R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT

Section 12-6.01. Regulations designated. The sections of this chapter constitute the regulations of the R-1 (single-family residential) district. (Prior Code § 10-72)

Section 12-6.02. Purpose. The R-1 district is designed and intended to stabilize and protect the residential character of the district and to promote and encourage a suitable environment for family life on a neighborhood basis. (Prior Code § 10-72.1)

Section 12-6.03. Permitted uses. The following uses are permitted in the R-1 district: (a) Home occupations subject to home occupation regulations. See Chapter 29 of this title; (b) Single-family dwelling; (c) Crop and tree farming; (d) Care of nonrelated persons (six (6) or less persons); (e) Keeping of household pets, aviaries and greenhouses for domestic or hobby use; such structures shall comply with provisions contained in Chapter 12-27, Accessory Structures. The keeping of roosters, goats, sheep, pigs, horses, cows or similar animals is specifically prohibited; (f) Small family day care homes; (g) Large family day care homes when located in a single-family residence and when in accordance with requirements established in Chapter 12-29A of this title; (h) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Ord. 2005-04, eff. 5/19/05; Ord. 91-23 § 1(1), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-72.2)

Section 12-6.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated in this section, shall be permitted subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Churches; (b) Child day care centers; (c) Public and private schools; (d) Lodges and clubs, subject to the special development conditions as determined by the Planning Commission, on a case-by-case basis, as necessary to ensure maximum compatibility with adjacent land uses and to make the required findings specified in Section 12-35.207. These special development conditions may include, but are not limited to: (1) Minimum lot size, (2) Maximum lot coverage, (3) Hours of operation, (4) Types of activities permitted, (5) Building setbacks from adjacent properties, (6) Landscape buffers, (7) Architectural design, (8) Property line walls, (9) Limitations on dancing, entertainment and the serving of alcoholic beverages, (10) Lighting, (11) Ingress and egress, (12) Noise-attenuation measures; (e) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1. (f) A commercial parking lot, provided that the commercial use is contiguous to the residentially zoned lot. If a dedicated public alley lies between the commercial use and the residentially zoned lot, the property may be determined to be contiguous to the residentially zoned lot. (g) Repealed per Ordinance 2005-04.

12-6-1 (h) Care of non-related persons, seven (7) or more persons. (Ord. 2005-04, eff. 5/19/05; Ord. 91-23 § 1(2), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-5 § 2 (part), eff. 5/19/88; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-72.3)

Section 12-6.05. Accessory buildings. Accessory buildings shall be permitted in the R-1 district subject to compliance with all requirements set forth in Chapter 27 of this title. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-72.4)

Section 12-6.06. Development standards. Development, uses and structures in the R-1 district shall be subject to the development standards set out in Sections 12-6.07 through 12-6.15. (Prior Code § 10-72.5 (part))

Section 12-6.07. Building site. Minimum building site required: (a) Each interior lot shall have a minimum area of not less than six thousand (6,000) square feet and a minimum width of not less than sixty (60) feet. Each corner lot shall have a minimum area of not less than seven thousand (7,000) square feet and a minimum width of not less than seventy (70) feet. Minimum lot sizes and widths for schools and churches shall be subject to the approval of the Planning Commission. (b) When a number follows the zoning symbol, each lot or parcel of land shall have a lot area not less than the number following the zoning symbol. If such number is less than one hundred (100), it means acres and if such number is more than one hundred (100), it means square feet; provided, however, that no lot or parcel of land within a standard subdivision shall have a lot area of less than six thousand (6,000) square feet. (c) The City Council through a subdivision map may create lots smaller than specified in subsections (a) or (b) of this section, provided the overall density of the project is consistent with the General Plan. (Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-72.5(a))

Section 12-6.08. Height. Maximum allowable building height is thirty feet. (Prior Code § 10-72.5(b))

Section 12-6.09. Setbacks. All yard measurements are made from the lot lines. Yard measurements on lot lines abutting street rights-of- way assume a lot line based on the ultimate standard design right-of-way as set forth in this Code. (a) Front Yards. Front yards shall be no less than twenty feet (20') deep, except as follows: (1) Garages with side entry may be set back not less than fifteen feet (15') from the front property line. (2) Garages with front entry shall be set back not less than twenty feet (20'), except garages with roll-up doors may be set back a minimum of eighteen feet (18') from the property line adjacent to the street. (b) Side Yards. (1) On interior lots, one (1) side yard shall be a minimum of five feet (5') and the other ten feet (10'). (2) On a corner lot, the setback shall be fifteen feet (15') from the side property line adjoining the street; the other side yard shall be no less than five feet (5'). Front entry garages, however, shall be set back no less than twenty feet (20'), except garages with roll-up doors may be set back a minimum of eighteen feet (18') from the front property line. (3) A zero (0) side yard may be permitted upon approval of a development plan or subdivision map when the total for both side yard requirements are met on each lot or parcel. (c) Rear Yards. Rear yard setback shall be as follows: (1) For a single-story structure, the setback shall be not less than ten feet (10'). (2) The required rear yard setback for buildings with two (2) or more stories is twenty feet (20') except as follows: The setback may be reduced to fifteen feet (15') provided no more than twenty feet (20') of the rear width of the structure is projecting into the required twenty foot (20') setback. The portions of the structure which are one (1) story must meet the rear yard requirements established for single-story structures. The method of establishing compliance with the rear yard setback is the same as described for a single-story structure. (3) Rear yard setbacks for single and two story structures may be reduced to ten feet (10') when the rear yard adjoins a flood control facility or property in the OS (Open Space) zoning district. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 85-1109 § 1 (1), eff. 1/2/86; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-72.5(c)) (Ord. 95-11, eff. 12/07/95)

12-6-2 Section 12-6.10. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-72.5(d))

Section 12-6.11. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-72.5(e))

Section 12-6.12. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations. See Section 12-3.04 of this title. (Prior Code § 10-72.5(f))

Section 12-6.13. Noise. Residential structures adjacent to an arterial or collector street shall comply with either one of the following: (a) The recommendations contained in an acoustical report prepared by an acoustical expert acceptable to the Community Development Department; or (b) The installation of solid-core doors and double-glazed windows on all openings on the elevation of the structure facing the arterial or collector streets. Roof vents facing arterial or collector streets shall be baffled in a manner acceptable to the zoning administrator. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-72.5(g))

Section 12-6.14. Single-family architectural and aesthetic standards. Architectural and aesthetic standards, single-family dwellings: (a) Roof overhang and pitch shall be equal to or compatible with roof overhangs and roof pitches in the neighborhood in which the home is to be located. (b) Roofing materials: (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles. (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Siding materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., stucco, wood, brick, stone or decorative concrete block, slumpstone or split face block. (2) The exterior siding material shall extend to the ground. (3) No shiny or reflective materials shall be permitted. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-72.5(h))

Section 12-6.15. Mobile homes: Surrender of registration. (a) The owner of a mobile home, on the same day the certificate of occupancy is issued, shall surrender to the City the certificate of ownership, license plates or decals, and other Department of Motor Vehicles registration indicia. If any of these items are not available, the owner shall submit to the City a "statement of facts" on Department of Motor Vehicles form reg. 256 indicating, under penalty of perjury, that these items are missing or lost (Section 18551 of the state Health and Safety Code). (b) When the mobile home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mobile home dealer selling the mobile home, stating that the mobile home is new and has never been registered with the Department of Motor Vehicles of the state (Section 18551 of the state Health and Safety Code). (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-72.5(i))

Section 12-6.16. Conversion of dwelling units to additional dwelling units prohibited. The establishment or closing off of any portion of a dwelling to create an additional dwelling unit is prohibited. An additional dwelling unit may be determined to be created where one or more of the following conditions exist: (a) A second kitchen is installed; (b) Sanitation facilities are installed in a room having only exterior access; (c) Sanitation or kitchen facilities are installed in a detached accessory structure. (d) A wetbar is installed in a detached accessory structure. (e) A wetbar is installed in a structure attached to a residence only by a common roof (without unimpeded interior access). (Ord. 2005-04, eff. 5/19/05; Ord. 85-1109 § 1 (5) (part), eff. 1/2/86; Ord. 85-1109, Renumbered, 01/02/86, 12-6-17)

12-6-3

CHAPTER 12-6A RSL-1 SINGLE-FAMILY SMALL LOT RESIDENTIAL DISTRICT

Section 12-6A.01. Regulations designated. The sections of this chapter constitute the regulations of the RSL-1 (Single-family Small Lot Residential) District. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.02. Purpose. The RSL-1 district is designed and intended to stabilize and maintain the single-family character of the district and permit a suitable environment for single-family living on a smaller scale by permitting smaller lots with special yard requirements while at the same time maintaining adequate individual private open space. It is intended that the RSL-1 zoning be used in conjunction with subdivisions with southerly oriented sideyards with zero sideline homes to facilitate passive and active solar designed homes. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.03. Permitted uses. The following uses are permitted in the RSL-1 district: (a) Home occupations subject to a home use permit. See Chapter 29 of this title; (b) Single-family dwelling; (c) Crop and tree farming; (d) Care of nonrelated persons (six (6) or less persons); (e) Keeping of household pets, aviaries and greenhouses for domestic or hobby use; such structures shall comply with provisions contained in Chapter 12-27, Accessory Structures. The keeping of roosters, goats, sheep, pigs, horses, cows or similar animals is specifically prohibited; (f) Small family day care home; (g) Large family day care homes when located in a single-family residence and when in accordance with requirements established in Chapter 29A; (h) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Ord. 91-23 § 1(3), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated in this section, shall be permitted subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Churches; (b) Child day care centers; (c) Public and private schools; (d) Lodges and clubs, subject to the special development standards in Section 12-6.16. (Ord. 91-23 § 1(4), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.05. Accessory buildings. Accessory buildings shall be permitted in the RSL-1 district subject to compliance with all requirements set forth in Chapter 12-27 of this title. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.06. Development standards. Development, uses and structures in the RSL-1 district shall be subject to the development standards set out in Sections 12-6A.07 through 12-6A.16 of this chapter. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.07. Building site. Minimum building site required: (a) Each interior lot shall have a minimum area of not less than four thousand five hundred (4,500) square feet and a minimum width of not less than forty-five (45) feet, except that lots at the end of a cul-de-sac may be forty (40) feet wide. Each corner lot shall have a minimum area of not less than five thousand (5,000) square feet and a

12-6A-1 minimum width of not less than fifty (50) feet. Minimum lot sizes and widths for schools and churches shall be subject to the approval of the Planning Commission. (b) When a number follows the zoning symbol, each lot or parcel of land shall have a lot area not less than the number following the zoning symbol. If such number is less than one hundred (100), it means acres and if such number is more than one hundred (100), it means square feet; provided, however, that no lot or parcel of land within a standard subdivision shall have a lot area of less than four thousand five hundred (4,500) square feet. (c) The City Council, through a subdivision map, may create lots smaller than specified in subsection (a) or (b) of this section, provided the overall density of the project is consistent with the General Plan. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.08. Height. Maximum, allowable building height is twenty-five feet (25'). (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.09. Setbacks. All yard measurements are made from the lot property lines. Yard measurements on lot lines abutting street rights-of-way assume a lot line based on the ultimate standard design right-of-way as set forth in this Code. (a) Front Yards. Front yards shall be no less than twenty (20) feet deep, except as follows: (1) Garages with side entry may be set back not less than fifteen (15) feet from the front property line provided the lot width is forty-eight (48) feet or greater to allow for adequate turning radius. (2) Garages with front entry shall be set back not less than twenty (20) feet, except garages with roll-up doors may be set back a minimum of eighteen (18) feet from the front property line. (b) Side Yards. (1) On interior lots, one (1) side yard shall be a zero (0) side yard except that a three (3) to five (5) foot easement may be provided to meet building Code requirements, and the other not less than fifteen (15) feet. (2) On a corner lot, the setback shall be fifteen (15) feet from the side property line adjoining the street; the other side yard shall be zero (0) side yard. Front entry garages, however, shall be set back twenty (20) feet from the property line, except garages with roll-up doors may be set back a minimum of eighteen (18) feet from the front property line. (c) Rear Yards. Rear yard setback shall be as follows: (1) For a single-story structure, the setback shall be ten (10) feet for two story structures; the rear yard shall be not less than fifteen (15) feet. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.10. Parking. For provisions on parking, see Chapter 12-32 of this title. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.11. Signs. For provisions on signs, see Chapter 12-34 of this title. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.12. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04 of this title. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.13. Noise. Residential structures adjacent to an arterial or collector street shall comply with either one of the following: (a) The recommendations contained in an acoustical report prepared by an acoustical expert acceptable to the Community Development Department; or (b) The installation of solid-core doors and double-glazed windows on all openings on the elevation of the structure facing the arterial or collector streets. Roof vents facing arterial or collector streets shall be baffled in a manner acceptable to the zoning administrator. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.14. Single-family architectural and aesthetic standards. Architectural and aesthetic standards, single-family dwellings: (a) Roof overhang and pitch shall be equal to or compatible with roof overhangs and roof pitches in the neighborhood in which the home is to be located. (b) Roofing materials:

12-6A-2 (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles. (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Siding materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., stucco, wood, brick, stone or decorative concrete block, slumpstone or split face block. (2) The exterior siding material shall extend to the ground. (3) No shiny or reflective materials shall be permitted. (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.15. Mobile homes--Surrender of registration. (a) The owner of a mobile home, on the same day the certificate of occupancy is issued, shall surrender to the City the certificate of ownership, license plates or decals, and other Department of Motor Vehicles registration indicia. If any of these items are not available, the owner shall submit to the City a "statement of facts" on Department of Motor Vehicles form reg. 256 indicating, under penalty of perjury, that these items are missing or lost (Section 18551 of the State Health and Safety Code). (b) When the mobile home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mobile home dealer selling the mobile home, stating that the mobile home is new and has never been registered with the Department of Motor Vehicles of the State (Section 18551 of the State Health and Safety Code). (Ord. 86-25 § 1 Exhibit B (part), 1986)

Section 12-6A.16. Conversion of dwelling units to additional dwelling units prohibited. The establishment or closing off of any portion of a dwelling or structure to create an additional dwelling unit is prohibited. An additional dwelling unit shall be determined to be created where one or more of the following conditions exist: (a) A second kitchen is installed; (b) Sanitation facilities are installed in a room having only exterior access; (c) Sanitation or kitchen facilities are installed in a detached accessory structure; (d) A wetbar is installed in a detached accessory structure; (e) A wetbar is installed in a structure attached to a residence only by a common roof (without unimpeded interior access). (Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90)

12-6A-3 CHAPTER 12-7 R-2 MEDIUM-DENSITY RESIDENTIAL DISTRICT

Section 12-7.01. Regulations designated. The sections of this chapter constitute the regulations of the R-2 (medium-density residential) district. (Prior Code § 10-73)

Section 12-7.02. Purpose. The R-2 district is designed and intended to stabilize and maintain the residential character of the district and permit a suitable environment for family living on a smaller scale by permitting a higher density with two (2) families to the lot while maintaining individual privacy, open space and facilities. (Prior Code § 10-73.1)

Section 12-7.03. Permitted uses. The following uses are permitted in the R-2 district: (a) Single-family dwellings when they meet all requirements set out in the R-1 district; (b) Duplexes; (c) Two (2) detached dwelling units; (d) Home occupations subject to obtaining a home use permit. See Chapter 12-29 of this title; (e) Care of nonrelated persons (six (6) or less persons); (f) Small family day care homes; (g) Keeping of household pets, aviaries and greenhouses for domestic or hobby use; such structures shall comply with provisions contained in Chapter 12-27, Accessory Structures. The keeping of roosters, goats, sheep, pigs, horses, cows or similar animals is specifically prohibited; (h) Large family day care homes when located in a single-family residence and when in accordance with requirements established in Chapter 12-29A of this title. (i) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Ord. 91-23 § 1(5), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-73.2)

Section 12-7.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated for this zone, shall be permitted in the R-2 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-3 of this title: (a) Dwelling groups, triplexes and fourplexes, when density requirements can be met; (b) Churches; (c) Public utility uses; (d) Child day care centers; (e) Private schools; (f) Care of nonrelated persons (seven (7) or more persons); (g) Lodges and clubs, subject to the special development conditions as determined by the Planning Commission, on a case-by-case basis, as necessary to ensure maximum compatibility with adjacent land uses and to make the required findings specified in Section 12-35.207. These special development conditions may include, but are not limited to: (1) Minimum lot size, (2) Maximum lot coverage, (3) Hours of operation, (4) Types of activities permitted, (5) Building setbacks from adjacent properties, (6) Landscape buffers, (7) Architectural design, (8) Property line walls, (9) Limitations on dancing, entertainment and the serving of alcoholic beverages, (10) Lighting, (11) Ingress and egress, (12) Noise-attenuation devices;

12-7-1 (h) A commercial parking lot, provided that the commercial use is contiguous to the residentially zoned lot. If a dedicated public alley lies between the commercial use and the residentially zoned lot, the property may be determined to be contiguous to the residentially zoned lot; (i) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (j) Residential developments with a total of three (3) or more dwelling units on the property. (Ord. 2005-04, eff. 5/19/05; Ord. 91-23 § 1(6), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-5 § 2 (part), eff. 5/19/88; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 85-1093 § 1 (2), eff. 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-73.3)

Section 12-7.05. Accessory buildings. Accessory buildings shall be permitted in the R-2 district subject to compliance with all requirements set forth in Chapter 12-27 of this title. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-73.4)

Section 12-7.06. Development standards. Development, uses and structures in the R-2 district are subject to the development standards of Sections 12- 7.07 through 12-7.16. (Prior Code § 10-73.5 (part))

Section 12-7.07. Building site. (a) Subject to subsection (b), each interior lot shall have a minimum area of not less than six thousand (6,000) square feet and a minimum width of not less than sixty (60) feet. Each corner lot shall have a minimum area of not less than seven thousand (7,000) square feet and a minimum width of not less than seventy (70) feet. Minimum lot sizes and widths for schools and churches shall be subject to the approval of the Planning Commission. (b) The City Council, through a subdivision map, may create lots smaller than specified in subsection (a) of this section, provided the overall density of the project is consistent with the General Plan. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-73.5(a))

Section 12-7.08. Density and open area. (a) When the parcel of land proposed for development is less than one (1) acre in size, the maximum density shall not be less than three thousand (3,000) square feet of net land area per dwelling unit. Net area is determined by subtracting existing street, alley or other public right-of-way dedications from the original parcel. When the property is larger than one (1) acre, the maximum density is twelve (12) units per gross acre. Note: If the property is within a planned development overlay zone, as described in Chapter 12-25 of this title, the density requirements may be modified by the Planning Commission but in no case may the density exceed the density identified in the General Plan. (b) Land that is presently developed with rental assisted, affordable housing for senior or handicapped individuals, or land that is contiguous to and developed in conjunction with property with existing affordable senior or handicapped housing, may be developed at a density not to exceed twenty-two (22) dwelling units per acre. This is provided that the unit size of the proposed dwellings does not exceed six hundred (600) square feet, and the project is properly conditioned to provide rental assisted, affordable housing for both senior and handicapped individuals and the land is designated as Medium Density Residential (MDR) on the City's General Plan. (c) A landscaped area of not less than three hundred (300) square feet, exclusive of required yards, shall be provided on the same building site for each dwelling unit. (d) Any lot of 6,000 square feet or less of net land area may have two dwelling units provided all setback, open space, landscaping, and parking requirements of the R-2 zone can be met. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-73.5(b); Ord. 96-2, eff. 03/08/96; Ord. 2004-13, eff. 9-17-04)

Section 12-7.09. Height. The maximum allowable building height is thirty (30) feet. (Prior Code § 10-73.5(c))

Section 12-7.10. Setbacks. All yard measurements are made from the lot lines. Yard measurements on lot lines abutting street rights-of- way assume a lot line based on the ultimate standard design right-of-way as set forth in this Code. (a) Front Yard. (1) Front yards shall be no less than twenty (20) feet, except as follows:

12-7-2 (A) Garages with side entry may be set back fifteen (15) feet from the front property line. (B) Garages with front entry shall be set back not less than twenty (20) feet, except garages with roll- up doors may be set back a minimum of eighteen (18) feet from the property line adjacent to the street. (2) Setbacks shall be landscaped except for driveways to required parking areas. (b) Side Yards. (1) On interior lots, one (1) side yard shall be a minimum of five (5) feet and the other ten (10) feet. (2) On a corner lot, the setback shall be fifteen (15) feet from the side property line adjoining the street; the other side yard shall be five (5) feet. Front-entry garages, however, shall be set back twenty (20) feet from the property line, except garages with roll-up doors may be set back a minimum of eighteen (18) feet from the front property line. (3) A zero (0) side yard may be permitted upon approval of a development plan or subdivision map when the total for both side yard requirements is met on each lot or parcel. (c) Rear Yard. Rear yard setbacks shall be a minimum of ten (10) feet; except, that when the rear yard adjoins the R-1 zoning district, the minimum setback is twenty (20) feet; except, that abutting a public alley, garages and carports taking access from the alley shall be set back twenty-five (25) feet from the opposite side of the alley or have a side-entry garage with at least a twenty-five (25) foot maneuvering space. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 3(B), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-73.5(d))

Section 12-7.11. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-73.5(e))

Section 12-7.12. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-73.5(f))

Section 12-7.13. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04 of this title. (Prior Code § 10-73.5(g))

Section 12-7.14. Noise. Residential structures adjacent to arterial or collector streets shall comply with either one of the following: (a) The recommendations contained in an acoustical report prepared by an acoustical expert acceptable to the Community Development Department; (b) The installation of solid-core doors and double-glazed windows on all openings in the elevation of the structure facing the arterial or collector streets. Roof vents facing arterial or collector streets shall be baffled in a manner acceptable to the zoning administrator. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-73.5(h))

Section 12-7.14a. Exception – Noise in Outdoor Living Areas. Outdoor living areas such as patios and balconies may be incorporated into multifamily development projects in areas which experience elevated noise levels. These noise levels may not exceed the “Normally Unacceptable” Community Noise Exposure levels (75dB and above) specified in Figure 2 of the “Noise Element Guidelines” (Appendix C of the California General Plan Guidelines). Furthermore, prospective buyers and future occupants of dwellings shall be provided the following notice: This property is presently located in an urban area which periodically and regularly experiences elevated noise levels. Potential sources of this noise may be automobile traffic, railroad operations, flying aircraft, industrial/commercial uses and general human activity in an urban environment. You may wish to consider what noise level annoyances, if any, are associated with the property before you complete your purchase and/or rental agreement and determine whether they are acceptable to you. (Ord. 2008- 07, eff. 6/5/08)

Section 12-7.15. Residential architectural and aesthetic standards. Architectural and aesthetic standards: (a) Roof overhang and pitch shall be equal to or compatible with roof overhangs and roof pitches in the neighborhood in which the home is to be located. (b) Roofing materials: (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles.

12-7-3 (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Siding materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located, i.e., stucco, wood, brick, stone or decorative concrete block, slumpstone or split face block. (2) The exterior siding material shall extend to the ground. (3) No shiny or reflective materials are permitted. (d) Window treatments: (1) Window treatments such as shutters, foam plant-ons, and wood molding shall be used in order to enhance aesthetics. (Ord. 2005-04, eff. 5/19/05; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-73.5(i))

Section 12-7.16. Mobile homes: Surrender of registration. (a) The owner of a mobile home, on the same day the certificate of occupancy is issued, shall surrender to the City the certificate of ownership, license plates or decals, and other Department of Motor Vehicles registration indicia. If any of these items are not available, the owner shall submit to the City a "statement of facts" on Department of Motor Vehicles form reg. 256 indicating, under penalty of perjury, that these items are missing or lost (Section 18551 of the state Health and Safety Code). (b) When the mobile home is new and has never been registered with the Department of Motor Vehicles, the owner shall submit to the City a statement from the mobile home dealer selling the mobile home, stating that the mobile home is new and has never been registered with the Department of Motor Vehicles of the state (Section 18551 of the state Health and Safety Code). (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-73.5(j))

Section 12-7.17. Conversion of dwelling units to additional dwelling units prohibited. (a) The establishment or closing off of any portion of a dwelling unit or structure is prohibited unless all other provisions of this Code are met. Subject to subsection (b), an additional dwelling unit is created when: (1) A second kitchen is installed; or (2) Sanitation facilities are installed in a room having only exterior access; except that sanitation facilities constructed in conjunction with a swimming pool or spa do not create an additional dwelling unit; or (3) Sanitation or kitchen facilities are installed in a detached, accessory structure, except that sanitation facilities constructed in conjunction with a swimming pool or spa do not create an additional dwelling unit. (b) The zoning administrator, in his or her discretion, may determine that an additional dwelling unit is not created under subsection (a) by making all of the following findings: (1) The additional facilities are accessed through an interior courtyard which has no exterior access; (2) The courtyard provides covered access to the additional facilities; (3) The property owner installing the facilities records a deed restriction limiting the use of the premises to a single-family dwelling; and (4) Taking into account noise, aesthetics, parking, traffic and circulation and other pertinent factors, the proposed action will not create a nuisance to the surrounding neighborhood. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 85-1109 § 1 (5) (part), eff. 1/2/86)

12-7-4 CHAPTER 12-8 R-3 HIGH-DENSITY RESIDENTIAL DISTRICT

Section 12-8.01. Regulations designated. The sections of this chapter constitute the regulations of the R-3 (high-density residential) district. (Prior Code § 10-74)

Section 12-8.02. Purpose. The R-3 district is designed and intended to stabilize and maintain the residential character of the district for high-density apartment living with substantial space for cooperatively used facilities and open spaces. (Prior Code § 10-74.1)

Section 12-8.03. Permitted uses. The following uses are permitted in the R-3 district: (a) Single-family dwellings, duplexes and triplexes; (b) Group dwellings; (c) Dwelling groups; (d) Home occupations, subject to home use permits. See Chapter 12-29 of this title; (e) Keeping of household pets, aviaries and greenhouses for domestic or hobby use; such structures shall comply with provisions contained in Chapter 12-27, Accessory Structures. The keeping of roosters, goats, sheep, pigs, horses, cows or similar animals is specifically prohibited; (f) Care of nonrelated persons (six (6) or less persons); (g) Small family day care homes; (h) Large family day care homes when located in a single-family residence and when in accordance with requirements established in Chapter 12-29A of this title; (i) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Ord. 91-23 § 1(7), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-74.2)

Section 12-8.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated for this zone, shall be permitted in the R-3 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Churches; (b) Public utility uses; (c) Child day care centers; (d) Private schools; (e) Care of nonrelated persons (seven (7) or more persons); (f) Lodges and clubs, subject to the special development conditions as determined by the Planning Commission, on a case-by-case basis, as necessary to ensure maximum compatibility with adjacent land uses and to make the required findings specified in Section 12-35.207. These special development conditions may include, but are not limited to: (1) Minimum lot size, (2) Maximum lot coverage, (3) Hours of operation, (4) Types of activities permitted, (5) Building setbacks from adjacent properties, (6) Landscape buffers, (7) Architectural design, (8) Property line walls, (9) Limitations on dancing, entertainment and the serving of alcoholic beverages, (10) Lighting, (11) Ingress and egress, (12) Noise-attenuation measures;

12-8-1 (g) A commercial parking lot, provided that the commercial use is contiguous to the residentially zoned lot. If a dedicated public alley lies between the commercial use and the residentially zoned lot, the property may be determined to be contiguous to the residentially zoned lot; (h) Miniwarehouses under the following conditions: (1) The miniwarehouse development is in a location which would provide a service to the immediate residential neighborhood, (2) The parcel of land proposed for development must have unique characteristics which make residential development impractical. Such characteristics would include but not be limited to encroachment by oil wells, exposure to high noise levels and access constraints, (3) The development of the miniwarehouse complex must be compatible with the neighborhood and have no significantly adverse effect on abutting property, (4) The miniwarehouse development standards in Section 12-15.14 of this Code shall be considered as development guidelines for miniwarehouse development in the R-3 zoning district; (i) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (j) Public schools; (k) Residential developments with a total of four (4) or more dwelling units on the property; (l) Boardinghouses; (m) Student housing. (Ord. 2007-01, eff. 3/8/07; Ord. 2005-04, eff. 5/19/05; Ord. 91-23 § 1(8), eff. 10/31/91; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-5 § 2 (part), eff. 5/19/88; Ord. 87-2 § 1 Exhibit B(3) (part), eff. 2/19/87; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 86-11 § 1, eff. 6/5/86; Ord. 85-1093 § 1 (3), eff. 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-74.3)

Section 12-8.05. Accessory buildings. Accessory buildings shall be permitted in the R-3 district subject to compliance with all requirements set forth in Chapter 12-27 of this title. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-74.4)

Section 12-8.06. Development standards. Development, uses and structures in the R-3 district are subject to the development standards set out in the following sections of this chapter. (Prior Code § 10-74.5)

Section 12-8.07. Building site. (a) Each lot shall have a minimum area of not less than seven thousand (7,000) square feet and a minimum width for interior lots of not less than sixty (60) feet and a minimum width for corner lots of not less than seventy (70) feet. Minimum lot sizes and widths for schools and churches shall be subject to the approval of the Planning Commission. (b) The City Council, through a subdivision map, may create lots smaller than specified in subsection (a) of this section, provided the overall density of the project is consistent with the General Plan. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-74.5(a))

Section 12-8.08. Density and open space. (a) When the parcel of land proposed for development is less than one (1) acre in size, the maximum density shall not be less than two thousand (2,000) square feet of net land area per dwelling unit. Net area is determined by subtracting existing street, alley or public right-of-way dedications from the original parcel. When the property is larger than one (1) acre, the maximum density is twenty-two (22) units per gross acre. Note: If the property is within a planned development overlay zone, as described in Chapter 12-25 of this title, the density requirements may be modified by the Planning Commission but in no case may the density exceed the density identified in the General Plan. (b) A landscaped open area of not less than two hundred fifty (250) square feet, exclusive of required yards, shall be provided on the same building site for each dwelling unit. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-74.5(b))

Section 12-8.09. Height. Maximum allowable building height is thirty-five (35) feet. Exceptions:

12-8-2 The maximum allowable building height may be increased from thirty-five (35) feet to a maximum of fifty-five (55) feet subject to approval of a Conditional Use Permit or a Planned Development Permit by the Planning Commission and City Council. (a) When the project is a mixed-use development; and (b) When the Planning Commission and City Council make the following findings: (i) The building(s) exceeding the 35 foot height limit would be over 300 feet from the nearest residential zoning district; and (ii) The project is adjacent to or adjoins a flood control facility, Public Park, State Highway right-of-way, or other property in the OS (Open Space) zoning district; and (iii) The project site consists of at least five (5) acres and has a State Highway and an Arterial street along at least two frontages that are designated as such in the Santa Maria General Plan; and (iv) Favorable conditions, factors, or characteristics of the project sufficiently sets the project apart from other development projects in the City to warrant approval of building height over 35 feet. (Ord. 2008-23, eff. 11/20/08; Prior Code § 10-74.5(c))

Section 12-8.10. Setbacks. All yard measurements are made from the lot lines. Yard measurements on lot lines abutting street rights-of- way assume a lot line based on the ultimate standard design right-of-way as set forth in this Code. (a) Front Yard. Front yards shall be no less than twenty (20) feet, except as follows: (1) Garages with side entry may be set back fifteen (15) feet from the front property line. (2) Garages with front entry shall be set back not less than twenty (20) feet, except garages with roll-up doors may be set back a minimum of eighteen (18) feet. (3) Whenever possible, setbacks shall be landscaped. (4) When developments encompass entire blocks or two (2) or more sides of a block, the required setbacks on the sides fronting the street are twenty (20) feet. (b) Side Yards. Side yards are required as follows: (1) On interior lots, side yards shall be a minimum of ten (10) feet. (2) On a corner lot, the setback shall be fifteen (15) feet from the side property line adjoining the street. The other side yard shall be a minimum of ten (10) feet. Front entry garages, however, shall be set back twenty (20) feet from the property line, except garages with roll-up doors may be set back a minimum of eighteen (18) feet from the front property line. (3) When developments encompass entire blocks or two (2) or more sides of a block, the required setbacks on the sides fronting the street are twenty (20) feet. (c) Rear Yard. Rear yard setbacks shall be ten (10) feet; except, that: (1) When the rear yard adjoins the R-1 zoning district, the minimum setback is twenty (20) feet. (2) Abutting a public alley, garages and carports shall be set back at least twenty-five (25) feet from the opposite side of the alley or have a side-entry garage with at least a twenty-five (25) foot maneuvering space. (3) Abutting a public alley, the minimum setback for churches is five (5) feet. (d) Setback guideline for Buildings Exceeding Thirty-Five (35) Foot Height: as a guideline, front, side and rear building setbacks may increase a minimum of five (5) feet to property line for each incremental increase in height of ten (10) feet, at each floor, above 35 feet in height, beyond what is required under Section 12-8.10.a, b and c. (e) A reduction in required setback for mixed use projects may be permitted pursuant to Section 12-49.09(c). (Ord. 2008-23, eff. 11/20/08; Ord. 96-2, eff. 03/08/96; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 3(C), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-74.5(c))

Section 12-8.11. Project review. (a) Architectural drawings and plot plans for multifamily projects shall be submitted to the zoning administrator for approval. (b) On interior lots, side yards shall be a minimum of ten (10) feet. (c) On a corner lot, the setbacks shall be fifteen (15) feet from the side property line adjoining the street. The interior side yard shall be no less than ten (10) feet. Front entry garages and carports, however, shall be setback twenty (20) feet. Exception: When a corner lot is less than fifty-five (55) feet in width, the side yard adjoining the street may be reduced to ten (10) feet. (Ord. 85-1093 § 1 (4), eff. 3/5/85; prior Code § 10-74.5(d))

12-8-3 Section 12-8.12. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-74.5(e))

Section 12-8.13. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-74.5(f))

Section 12-8.14. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Prior Code § 10-74.5(g))

Section 12-8.15. Noise. Residential structures adjacent to an arterial or collector street shall comply with either one of the following: (a) The recommendations contained in an acoustical report prepared by an acoustical expert acceptable to the Community Development Department; or (b) The installation of solid-core doors and double-glazed windows on all openings on the elevation of the structure facing the arterial or collector streets. Roof vents facing arterial or collector streets shall be baffled in a manner acceptable to the zoning administrator. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-74.5(h))

Section 12-8.15a. Exception – Noise in Outdoor Living Areas. Outdoor living areas such as patios and balconies may be incorporated into multifamily development projects in areas which experience elevated noise levels. These noise levels may not exceed the “Normally Unacceptable” Community Noise Exposure levels (75dB and above) specified in Figure 2 of the “Noise Element Guidelines” (Appendix C of the California General Plan Guidelines). Furthermore, prospective buyers and future occupants of dwelling shall be provided the following notice: This property is presently located in an urban area which periodically and regularly experiences elevated noise levels. Potential sources of this noise may be automobile traffic, railroad operations, flying aircraft, industrial/commercial uses and general human activity in an urban environment. You may wish to consider what noise level annoyances, if any, are associated with the property before you complete your purchase and/or rental agreement and determine whether they are acceptable to you. (Ord. 2008- 07, eff. 6/5/08)

Section 12-8.16. Residential architectural and aesthetic standards. Architectural and aesthetic standards: (a) Roof overhang and pitch shall be equal to or compatible with roof overhangs and roof pitches in the neighborhood in which the home is to be located. (b) Roofing materials: (1) Roofing materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located; i.e., tile, rock, asphalt shingles, wood shakes and shingles. (2) No shiny or reflective materials shall be permitted. (c) Siding materials: (1) Siding materials shall be limited to materials and textures determined by the zoning administrator to be compatible with the neighborhood in which the home is going to be located, i.e., stucco, wood, brick, stone or decorative concrete block, slumpstone or split face block. (2) The exterior siding material shall extend to the ground. (3) No shiny or reflective materials are permitted. (d) Window treatments: (1) Window treatments such as shutters, foam plant-ons, and wood molding shall be used in order to enhance aesthetics. (Ord. 2005-04, eff. 5/19/05; Ord. 2008-07, eff. 6/5/08)

Section 12-8.17. Conversion of dwelling units to additional dwelling units prohibited. The establishment or closing off of any portion of a dwelling unit to create an additional dwelling unit is prohibited, unless, all other provisions of the Code have been met. An additional dwelling unit may be determined to be created where: (a) A second kitchen is installed; (b) Sanitation facilities are installed in a room having only exterior access.

12-8-4 (c) Sanitation or kitchen facilities are installed in a detached accessory structure. (Ord. 85-1109 § 1 (5) (part), eff. 1/2/86; Ord. 2008-07, eff. 6/5/08)

Section 12-8.18. Senior citizen housing development standards. (a) Senior citizen housing projects exceeding twenty-two (22) units per acre shall be subject to the following special development standards in the R-3 district: (1) The minimum building site shall be one-half (1/2) acre; (2) The average unit shall not be larger than eight hundred square (800) feet; (3) Deed restrictions shall be recorded to ensure the project is developed and maintained as a senior citizen housing facility for the life of the project. (4) The Planning Commission, doing their review of a senior citizen project, shall also consider how the project meets the following standards: (5) Senior citizen housing projects should be conveniently located to medical and commercial services; (6) Transportation should be available to the residents through public or private systems or a combination thereof; (7) Senior citizen housing projects should be located near park facilities. (Ord. 87-2 § 1 Exhibit B (3) (part), eff. 2/19/87; Ord. 2007-01, eff. 3/8/07; Ord. 2008-07, eff. 6/5/08)

12-8-5 CHAPTER 12-9 RMH RESIDENTIAL MOBILE HOME PARK DISTRICT

Section 12-9.01. Regulations designated. The sections of this chapter constitute the regulations of the RMH (residential mobile home park) district. (Prior Code § 10-75)

Section 12-9.02. Purpose. The RMH district is established with the purpose and intent to provide an exclusive zone designation that is applied to land for use as a mobile home park only, and to establish rules and regulations by the City concerning standards for lots, yards, parks, landscaping, walls, enclosures, signs, access and vehicle parking in relation to mobile home parks pursuant to the powers granted to the City under Section 18010 of the state Health and Safety Code, and the City names the Planning Commission as its agent for executing the provisions thereof. (Prior Code § 10-75.1)

Section 12-9.03. Mobile homes as living quarters. The following uses are permitted in the RMH district: (a) Mobile home parks; (b) Cottage food operations when in accordance with the requirements established in Chapter 12-29B of this title. (Ord. 2014-04, eff. 8/14/2014; Prior Code § 10-75.2)

Section 12-9.04. Permitted uses. Mobile home parks are permitted uses in the RMH district. (Prior Code § 10-75.3)

Section 12-9.05. Development standards. Development, uses and structures in the RMH district shall be subject to the development standards set out in Sections 12-9.06 through 12-9.19. (Prior Code § 10-75.4 (part))

Section 12-9.06. Area: Density. No mobile home park shall have an area of less than ten (10) acres. Not more than ten (10) mobile home park spaces shall be permitted per gross acre within the mobile home park. However, in no event shall the number of mobile home spaces per acre exceed the number of dwelling units per acre specified in the land use element of the General Plan. (Amended Ord. 2003-14, eff. 9/4/03)

Section 12-9.07. Park setbacks. (a) Setbacks required when abutting public right-of-way: at least twenty (20) feet between the edge of the right-of-way and mobile home spaces, access driveway or perimeter fence. (b) Side and rear yards not abutting public right-of-way: at least ten (10) feet between side and rear lot lines and mobile home spaces. However, perimeter fencing as required may be placed on the lot line. (Prior Code § 10- 75.4(b))

Section 12-9.08. Space setbacks. (a) Front yard space setback is five (5) feet. (b) Side yard space setback is five (5) feet. (c) Rear yard space setback is five (5) feet. (d) No appurtenant structures, enclosed patios or patio awnings may encroach upon required setbacks. (Prior Code § 10-75.4(c))

Section 12-9.09. Mobile home space. (a) Minimum space width is forty-two (42) feet. (b) Spaces designed for double-wide mobile homes shall be a minimum of fifty-four (54) feet in width. (Prior Code § 10-75.4(d))

Section 12-9.10. Mobile home pad. The mobile home space shall be improved with a pad or foundation and the mobile home shall be skirted with permanent material. (Prior Code § 10-75.4(e))

12-9-1

Section 12-9.11. Access: Improvement standards. (a) All mobile home spaces must be served from internal, private streets not less than thirty (30) feet in width and include rolled curbing and gutters. (b) All improvements shall be in accordance with the standards of the Public Works Department. (Prior Code § 10-75.4(f))

Section 12-9.12. Utilities. All utilities shall be provided underground. (Prior Code § 10-75.4(g))

Section 12-9.13. Landscaping and screening. The entire front yard and side yard of a mobile home park site along City streets shall be landscaped. Landscaping and screening shall be provided in each mobile home park and shall satisfy the following requirements: (a) All areas in a mobile home park not occupied by paved driveways or walkways, patios, mobile home pads and other facilities shall be planted and maintained as landscaped area. (b) Areas such as trash collection or utility yards shall be screened and landscaped in conjunction with required fencing. (Prior Code § 10-75.4(h))

Section 12-9.14. Fencing. (a) Fences or walls shall be provided to screen objectionable views including laundry/drying yards, garbage and trash collection stations, and storage areas. (b) A wall of not less than six (6) feet shall be constructed and maintained on all exterior boundary lines of the mobile home park in accordance with the required setbacks. (Prior Code § 10-75.4(i))

Section 12-9.15. Storage area. Storage area(s) shall be provided for the storage of boats, campers, camping trailers, utility trailers at the following ratio: (a) Seventy-five (75) square feet of vehicle storage area shall be provided per mobile home space. (b) Each vehicle storage area shall be completely enclosed with a solid fence six (6) feet in height and shall be screened from view from within and without the mobile home park. (Prior Code § 10-75.4(j))

Section 12-9.16. Open space requirement. Recreational area consisting of open space and recreational facilities used in common by park residents shall be provided in all mobile home parks in the following ratio: (a) Three hundred (300) square feet per space for the first one hundred (100) spaces; (b) Two hundred (200) square feet per space for spaces after one hundred (100). (Prior Code § 10-75.4(k))

Section 12-9.17. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-75.4(l))

Section 12-9.18. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-75.4(m))

Section 12-9.19. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Prior Code § 10-75.4(n))

Section 12-9.20. Development plan review. A development plan shall be submitted for approval by the zoning administrator showing the location and type of any and all of the following in the RMH district: (a) Spaces; (b) Circulation ways: (c) Common areas; (d) Landscaping; (e) Fencing;

12-9-2 (f) Architectural elevation of structures. (Prior Code § 10-75.5)

Section 12-9.21. Reversion of classification. Any land classified in the RMH district may be revered to its former classification by the Planning Commission pursuant to the following procedure in the event that development is not commenced within one (1) year from the effective date of the ordinance classifying the land in the RMH district and carried to completion with reasonable diligence. In such event the Planning Commission shall direct its secretary to issue an order to the applicant who had requested the zoning and to the landowner of record, if other than such applicant, as shown by the last equalized assessment roll, directing them to appear and show cause within not less than ten (10) nor more than thirty (30) days why the land should not be reverted to its former classification because of the failure to proceed with the development plan therefor, as provided in this section. The decision of the Planning Commission shall be subject to appeal to the City Council. (Prior Code § 10-75.6)

12-9-3 CHAPTER 12-9A MOBILEHOME PARKS

Section 12-9A.100. Article 1. Conversion of Mobilehome Parks to Other Uses (Ord. 93-3, eff. 05/20/93)

Section 12-9A.101. Definitions. The terms listed in California Civil Code Section 798.2 and following shall have the meanings set out there for purposes of this chapter. As used in this chapter, the following words and phrases shall have the following meanings: (a) "Change of use" means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. "Change of use" includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. (Reference Code of Civil Procedure §798.10) (b) "Comparable housing" means housing which is comparable in floor area and number of bedrooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of the State Uniform Housing Code. (c) "Comparable mobilehome park" means any other mobilehome park substantially equivalent in terms of park condition, amenities and other relevant factors. (d) "Eligible mobilehome owner" means a mobilehome owner whose mobilehome was located in a mobilehome park on the earlier of the following: (1) the date of application for a change of use; (2) the date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 12-9A.104 if such notice was filed. (e) "Homeowner" means the registered owner or owners of a mobilehome, who has a tenancy in a mobilehome park under a rental agreement. (f) "Mobilehome site" means an area within a mobilehome park shown as being occupied by or designated for occupancy by an individual mobilehome. (g) "Mobilehome tenant" means a person who occupies a mobilehome within a mobilehome park pursuant to a bona fide lease or rental agreement with the mobilehome owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobilehome owner. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.102. Duty of Director of Community Development to maintain a list of housing specialists. Upon receiving a completed application for a purpose described in Section 12-9A.103, the Director of Community Development shall compile a list of persons, firms and organizations with expertise in the fields of housing and relocation of persons displaced from housing. Those listed shall be familiar with the region's housing market and qualified to assist residents in locating replacement housing, to render financial advice on qualifying for various housing types, to explain the range of housing alternatives available, to gather and present to persons needing housing relocation assistance adequate information as to available housing, and shall be able to transport persons unable to drive to housing alternatives. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.103. Conversion impact report; data on homeowners and mobilehome tenants - duty to file. (a) Any person who files an application for a rezoning, General Plan amendment, subdivision map, use permit, site development permit or any other discretionary development approval under Titles 11 or 12 of this Code, for the purpose of a change of use of a mobilehome park, shall file a report on the impact of the change of use upon the residents of the mobilehome park in compliance with the requirements of this section not later than the date of filing of the first such application necessary to authorize such change of use. No such application shall be deemed completed until such conversion impact report shall have been filed as required by this subsection. (b) The conversion impact report shall address the availability of adequate replacement housing in mobilehome parks and the costs of relocating displaced residents. In order to adequately evaluate and address those issues, the conversion impact report shall contain the following information: (1) The names, addresses and mobilehome site identification numbers of all persons owning mobilehomes within the mobilehome park and of all mobilehome tenants as of the earlier of the following dates: (A) the date of application for change of use;

12-9A-1 (B) the date of filing of a notice of determination that the park is undergoing a change of use pursuant to Section 12-9A.104 if such notice was filed prior to the application. (2) The age, including date of manufacture, of each mobilehome within such park, including the type of mobilehome, width characteristics, size, and number identifying the mobilehome site being occupied. (3) A list of vacant mobilehome sites in comparable mobilehome parks within a ten (10) mile radius of the park which is subject of the application or request. The list shall contain a schedule of site rental rates for each park listed and the criteria of the management of each park for acceptance of new tenants and used mobilehomes. (4) A designation of the names, addresses and telephone numbers of one or more housing specialists from the list compiled by the Director of Community Development pursuant to Section 12-9A.102, and the names, addresses and telephone numbers and fee schedules of persons qualified as mobilehome movers and of persons who are qualified appraisers of mobilehomes. There shall be included an explanation of the services which the housing specialists will provide. The applicant may also designate other housing specialists, mobilehome movers and appraisers. (5) A relocation plan, which will include a timetable for implementing the physical relocation of mobilehome, implementation of relocation assistance, payment of relocation costs and conversion of the park to one or more other uses. (6) A specification of the measures proposed to mitigate adverse impacts and of the costs of relocation of displaced residents which shall comply with the requirements of Section 12-9A.105. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.104. Conversion impact report; information meeting(s); notice and distribution to homeowners and tenants. (a) Not less than fifteen (15) days prior to the scheduled public hearing before the Planning Commission on the conversion impact report, the applicant shall transmit to the homeowner and to any tenant of each mobilehome occupying a mobilehome site within the park and to all other persons described in Section 12-9A.103(b) a copy of the conversion impact report, a copy of this chapter, and of the dates, times and places of the public hearing on the application for discretionary approval for the purpose of a change of use, including the conversion impact report and the informational meeting required to be held pursuant to subsection (c) of this Section. (b) Not less than ten (10) days prior to the date of the public hearing, the applicant shall cause to be filed with the Director of Community Development a statement under penalty of perjury that he or she has complied with the requirements of subsection (a) of this section. (c) Not less than ten (10) days prior to the scheduled public hearing before the Planning Commission, the applicant shall conduct an informational meeting for the residents of the mobilehome park regarding the status of the application for relocation of residents, proposed relocation costs and assistance, and the contents of the conversion impact report. The meeting shall be conducted on the premises of the mobilehome park. The housing specialist or specialists designated in the conversion impact report shall be present at such meeting. (d) Not less than five (5) days prior to the public hearing, the applicant shall file with the Director of Community Development a statement made under penalty of perjury that he or she has complied with the requirements of subsection (c) of this section. Such statement shall state the date, time, and place where such meeting was conducted. (e) For projects involving a land division, the applicant shall comply with all noticing requirements of the Subdivision Map Act (Government Code Sections 66410 et seq.). (Ord. 93-3, eff. 05/20/93)

Section 12-9A.105. Mitigation of Adverse Impacts and Reasonable Costs of Relocation. (a) The applicant shall include within the conversion impact report the steps the owner proposes to mitigate any adverse impact on the ability of displaced park residents to find adequate housing in a mobilehome park, including the reasonable costs of relocation. The City Council, upon reviewing the report and recommendation of the Planning Commission (or the Planning Commission, for projects which do not require City Council approval), shall require the applicant to take steps to mitigate such adverse impact which shall not exceed the reasonable costs of relocation, except where and to the extent that any such applicant shall have been exempted from any such requirement pursuant to Section 12-9A.106. (1) As used in this section, the reasonable costs of relocation shall include: the cost of relocating a displaced homeowners' mobilehome, accessories and possessions to a comparable mobilehome park within ten (10) miles of its existing location, including costs of disassembly, removal, transportation, and reinstallation of the mobilehome and accessories at the new site, and replacement or reconstruction of blocks, skirting, siding, porches, decks, awnings or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation; reasonable living expenses of displaced park residents from the

12-9A-2 date of actual displacement until the date of occupancy at the new site; payment of any security deposit required at the new site; and the difference between the rent at old and new sites for the first twelve (12) months of the relocated tenancy. (2) If the City Council or Planning Commission, determines that a particular mobilehome cannot be relocated to a comparable mobilehome park within ten (10) miles of its existing location, and the homeowner has elected to sell his or her mobilehome, the reasonable costs of relocation shall include the cost of purchasing the mobilehome of a displaced homeowner at its in-place market value. Such value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location, assuming the continuation of the mobilehome park in a safe, sanitary and well-maintained condition, and not considering the effect of the change of use on the value of the mobilehome. Any interested person may present evidence and any relevant factors in determining in-place value. (3) All eligible homeowners and all mobilehome tenants of eligible homeowners shall be provided with the services of one or more housing experts to assist them in relocating to available and adequate housing upon their request. Any such experts shall be those approved pursuant to Section 12-9A.103(b) (4) herein. (b) No benefits shall be provided to any person who is renting a mobilehome from the owner of the mobilehome park where such person shall have executed a written agreement with such mobilehome park owner waiving his or her rights to any such benefits. No such waiver shall be valid unless it contains the text of this section, and unless such person shall have executed a written acknowledgement that he or she has read and understands his or her rights pursuant to this chapter and knowingly agrees to waive them. (c) In order to facilitate the intentions of the homeowners or tenants and an applicant for a change of use with regard to a change of use, the parties may agree to mutually satisfactory relocation assistance. To be valid, such an agreement shall be in writing, shall include a provision stating that the homeowner or tenant is aware of the provisions of this chapter, shall include a copy of this chapter as an attachment, shall include a provision in at least ten-point type which clearly states the right to seek and the importance of obtaining an attorney's advice prior to signing the agreement, and shall be drafted in form and content otherwise required by applicable State law. No person signing a relocation assistance agreement provided for in this subsection may contest the adequacy of the conversion impact report at the hearing on such report. Any person signing such an agreement may rescind it in writing within ten (10) days of signing it. Any such agreement which is procured by fraud, misrepresentation, coercion or duress of any kind shall be void and unenforceable. (d) No waiver by an eligible mobilehome owner or mobilehome tenant of any of his or her rights pursuant to this section shall be valid or effective for any purpose except with regard to a relocation assistance agreement as provided in subsection (c) herein. (e) Any relocation costs payable to an owner of a mobilehome shall be deemed paid to all owners of that mobilehome when paid to any one of them. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.106. Application for exemption from relocation obligations. (a) Any person who files an application for change of use of a mobilehome park may, simultaneously with such application, file an application for total or partial exemption from the obligation to provide relocation costs and assistance pursuant to Section 12-9A.105. (b) If such application is filed, notice of such application, with the information contained therein, distribution thereof to the residents of the mobilehome park, and discussion of the application at the informational meeting shall be accomplished pursuant to Section 12-9A.104. (c) Any such application shall state that it is made on either or both of the following bases: (1) That imposition of the full relocation obligations would eliminate substantially all reasonable use or economic value of the current use or alternative use of the property. (2) That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobilehome park is necessary, and that such court has taken further action which would prohibit or preclude payment of relocation assistance benefits, in whole or in part. (d) Any such application made pursuant to subsection (c) (1) shall contain adequate documentation that the conditions set forth in subsection (c) exist. The Director of Community Development may request such additional documentation, reports and information as he or she deems necessary to evaluate the application. Such information may include: (1) Statements of profit and loss from the operations of the mobilehome park for the last five year period of the date of the application or request, certified by a certified public accountant. (2) The estimated total relocation costs which would otherwise be required to be provided pursuant to this chapter, which shall be based upon documented surveys of available mobilehome sites within ten (10) miles of the

12-9A-3 mobilehome park, residents of the park who would elect to relocate and those who would elect to sell their mobilehomes, and the value of the mobilehomes in the park based upon the recent sales of representative mobilehomes in the park. (3) An estimate of the value of the mobilehome park by a qualified real estate appraiser if the park were permitted to be developed for the use proposed in the application for the change of use of the park, and an estimate of the value of such park by such appraiser if use of the property as a mobilehome park is continued. (4) Such other information which the applicant believes to be pertinent or which may be required by the Director of Community Development. (e) Any such application filed pursuant to subsection (c) (2) shall be accompanied by adequate documentation as to the title, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgements, orders, and decrees of such court. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.107. Application for conversion; public hearings; findings. (a) At the time of each public hearing regarding the applicant's proposed change of use, the recommending or approving body shall also consider the adequacy of the conversion impact report and shall make the following determinations or recommended determinations: (1) That the conversion impact report does or does not comply with the requirements of this chapter. If it is determined that the conversion impact report does not comply with one or more requirements of this chapter, the respects in which the report does not comply with any such requirement shall be stated. If land use permits for the change of use are approved, the approving body shall condition such approvals upon specified amendments to the conversion impact report. (2) That specified conditions shall be imposed upon the change of use to mitigate adverse impacts upon the ability of displaced homeowners and tenants to find adequate replacement housing in a mobilehome park and to require that reasonable costs of relocation be paid as set forth in this chapter. (3) Where an exemption from relocation assistance has been applied for based upon the impact of such assistance upon the reasonable use of the property pursuant to Section 12-9A.106, the approving body shall make one of the following findings: (A) That the applicant shall not be exempt from relocation assistance obligations because sufficient evidence has not been shown that the costs of relocation which would otherwise be required by this chapter would eliminate substantially all reasonable use or economic value of the property for alternative uses. (B) That the applicant or owner shall be exempt from relocation assistance obligations in whole or in part, because he or she has shown sufficient evidence that imposition of such obligations, in whole or in part, would eliminate substantially all reasonable alternate use or economic value of the property. In making such determination, the approving body may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated costs of relocation, the fair market value of the property for the proposed alternative use, the fair market value of the property for continued use as a mobilehome park, and any other pertinent evidence requested or presented. In rendering its decision, the approving body shall have the power to waive all or portions of any type of benefit which would otherwise be applicable and shall expressly indicate in its decision any such waiver and the extent thereof. (4) Where an exemption from relocation assistance has been applied for based upon bankruptcy proceedings pursuant to Section 12-9A.106 (c) (2) the City Council or Planning Commission shall make one of the following findings: (A) That the application or project shall be exempt from relocation assistance obligations, in whole or in part, because a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of use of said property as a mobilehome park is necessary, and because such court has taken further action which would prohibit or preclude payment of such benefits, whether in whole or in part. In rendering its decision the City Council shall have the power to waive all or portions of any type of benefit to the extent necessary to comply with the judgement, order, or decree of the court. (B) That the applicant shall not be exempt from any relocation assistance obligations based upon any actions of a court of bankruptcy, because sufficient evidence has not been shown that any such court has ordered the closure or cessation of use of said property as a mobilehome park, or that such court has prohibited or precluded the payment of any such benefits, or both. (5) No request or application for an amendment to the General Plan or zoning ordinance, approval of a tentative map, use permit, planned development permit or other discretionary development permit for change of use of a mobilehome park shall be approved unless and until the City Council or Planning Commission shall have first

12-9A-4 determined that the conversion impact report complies with the requirements of this chapter. The approval of a total exemption from relocation assistance obligations shall have the effect of eliminating the requirement of such portion of the conversion impact report. If such conversion impact report is determined not to comply with the requirements of this chapter, the aforementioned requests or amendments shall not be considered further unless and until the report is revised, a public hearing upon appropriate notice is conducted thereon, and the report is determined to be in compliance with the requirements of this chapter. (b) Public hearings shall be held in accordance with the provisions of the Santa Maria Municipal Code. (1) For projects involving a land division, the City Council or Planning Commission shall make all findings required by the Subdivision Map Act (Government Code Sections 66410 et seq.). (Ord. 93-3, eff., 05/20/93)

Section 12-9A.108. Obligations of applicant or mobilehome park owner after approval of the change of use and conversion impact report. After approval of the change in use and the determination that the conversion impact report complies with the requirements of this chapter, the applicant shall be responsible for performance of the following obligations, except to the extent that the City Council, or Planning Commission may have exempted the application therefrom pursuant to Section 12-9A.107: (a) Not later than thirty (30) days from the date of such determination, the housing specialist or specialists shall make personal contact with each resident of the mobilehome park and commence consultations to determine the applicable relocation costs and assistance to be provided. The housing specialist or specialists shall give each person eligible to receive relocation assistance written notice of his or her rights to relocation assistance as determined by the City Council or Planning Commission under this chapter. (b) Not less than one-hundred-twenty (120) days prior to the date any resident is required to vacate the mobilehome park, any cash or monetary relocation costs required by this chapter shall be paid to such resident, or to any person, as the resident may direct. If the applicant purchases the mobilehome pursuant to Section 12-9A.105, the owner of the mobilehome shall be required to promptly submit to the applicant all documents necessary to transfer complete title and ownership of such mobilehome to the applicant, free and clear of all security interests, liens, or other encumbrances. (c) If the owner of the mobilehome park, the applicant, homeowner or tenant specifically requests that any of the time limitations required by this section be modified, the City Council or Planning Commission shall consider any such modification and evidence relating to the need therefore at the public hearing on the conversion impact report. The City Council or Planning Commission shall have the power to make modifications in such time limits, both in response to a request and on its own motion, in conjunction with any approval of a conversion impact report, as the City Council or Planning Commission may deem just and reasonable. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.109. Payment of relocation assistance benefits-prerequisite to issuance of building permit or final map. No building permit shall be issued for development of, and no final or parcel map shall be approved for any mobilehome park pursuant to this chapter unless and until the person responsible for payment of any required monetary relocation assistance shall have filed with the Director of Community Development statements made under penalty of perjury that relocation assistance payments required pursuant to this chapter have been paid. Such statement and the type of relocation or other assistance for which each such payment was made. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.200. Article 2. Change of Ownership of Mobilehome Parks. (Ord. 93-3, eff., 05/20/93)

Section 12-9A.201. Resident organization conversion of a mobilehome park. Provided that there are no displaced persons and reasonable guarantees of tenancy at reasonable rental rates are assured to those resident homeowners who choose to remain as tenants, as deemed fair and reasonable by the City Council, resident ownership of a mobilehome park through conversion by resident organizations shall be encouraged. (Ord. 93-3, eff. 05/20/93)

12-9A-5 Section 12-9A.202. Duty of Director of Community Development to provide support services to a park resident organization. Upon receiving a completed application for a purpose described in Section 12-9A.203, the Director of Community Development shall compile a list of persons, firms and organizations with proven expertise in co- application for Mobilehome Park Resident Ownership Program (MPROP) from the State Department of Housing and Community Development. Support services for application to the U.S. Department of Housing and Urban Development (HUD) assistance programs and Community Development Block Grant funds, and issuance of Tax Exempt Municipal Bonds shall be provided. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.203. Conversion impact report; data on homeowners and mobilehome tenants - duty to file. (a) Any resident organization that files an application for any discretionary approval for the purpose of conversion to resident ownership of a mobilehome park shall comply with Section 12-9A.103(a) and this Article, and shall have no further requirement for compliance with Article 1 of this chapter. (b) The conversion impact report shall address the adequacy of protection and rights of both those who choose to purchase and those who choose to remain as home owner tenants. There shall be reasonable guarantees of tenancy at reasonable rental rates, as deemed fair and reasonable by the City Council. In order to adequately evaluate and address these issues, the conversion impact report shall contain the following information: (1) The names, addresses and mobilehome site identification number of all persons owning mobilehomes within the mobilehome park and of all mobilehome tenants at the time of filing the conversion impact report. (2) A statement under penalty of perjury that there will be no displaced persons as a result of this conversion to resident ownership. (3) Documentation showing the resident organization is a nonprofit corporation or other entity for purposes of converting the mobilehome park to resident ownership and for purchasing the mobilehome park from the management of the mobilehome park. (4) A copy of the most recent written notification to the park owner or manager that the park residents are interested in purchasing the park. (5) A copy of the written notice of intent to sell provided by the park or manager to the resident organization. (6) The residents' current position and rights. (7) Purchase Programs. (8) Lease Program and guarantees for those residents who choose to remain as tenants. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.204. Director of Community Development Department - duty to notify. Upon filing of the conversion impact report pursuant to subsection 12-9A.203, the Director of the Community Development Department shall transmit to the resident organization a written notice by certified mail, return receipt requested, or by personal service. If directed by the City Council, the notice shall state that the Department is prepared to provide support services in the co-application for Mobilehome Park Resident Ownership Program funds; requests for issuance of Tax Exempt Municipal Bonds, and assistance in obtaining U.S. Department of Housing and Urban Development assistance programs and Community Development Block Grant funds, conditioned upon approval of the conversion impact report. The Director shall also advise the resident organization that one or more informational meetings are required with the resident homeowners and shall also schedule a public hearing before the Planning Commission and the City Council regarding the conversion and the adequacy of such conversion impact report pursuant to this chapter. Such hearings shall be scheduled so as to allow adequate time for notice and distribution of the report to homeowners and mobilehome tenants and the scheduling of informational meetings pursuant to Section 12-9A.205. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.205. Conversion impact report; informational meetings; notice and distribution to homeowners and tenants. The resident organization shall comply with Section 12-9A.104; provided, however, that at the meeting with residents the status of the application and contents of the conversion impact report shall be addressed. (Ord. 93-3, eff. 05/20/93)

Section 12-9A.300. Article 3. Processing Fee. (Ord. No. 93-3, Enacted, 05/20/93)

12-9A-6 Section 12-9A.301. Processing Fee. The City Council may adopt a resolution, amended from time to time, imposing a processing fee to defray the costs of providing the services described in Articles 1 and 2 of this chapter. Resolutions shall be adopted according to the procedures specified in Chapter 24 of Title 2 of this Code and fees adopted shall not exceed the reasonable cost of providing the services described. (Ord. 93-3, eff. 05/20/93)

12-9A-7 CHAPTER 12-10 CPO COMMERCIAL OFFICE AND PROFESSIONAL OFFICE DISTRICT

Section 12-10.01. Regulations designated. The sections of this chapter constitute the regulations of the CPO (commercial office and professional office) district. (Prior Code § 10-76)

Section 12-10.02. Purpose. The CPO district is established to provide a district for office type uses with yard and open space and architectural requirements similar to those in residential districts in order that such uses can be located in close proximity thereto. (Prior Code § 10-76.1)

Section 12-10.03. Permitted uses. (a) The following uses shall be permitted in the CPO district: (1) Art studios and art galleries; (2) Business or professional offices; (3) Insurance sales; (4) Travel agencies; (5) Photographic studios; (6) Medical and/or dental laboratories; (7) Medical or dental offices; (8) Stock brokerages; (9) Public utility offices; (10) Camera and watch repair; (11) Beauty shops; (12) Physical fitness center/health club. (13) Emergency shelters subject to compliance with all requirements set forth in Chapter 12-53 of this title. (b) Those uses not listed, which are determined to be similar in nature and which are compatible with the purpose and intent of this zone, may be permitted. (Ord. 2013-04, eff. 6/6/13; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 4(A), eff. 2/19/87; prior Code § 10-76.2)

Section 12-10.04. Conditional uses. Those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the Planning Commission to be compatible with adjacent properties provided that conditions and development standards are applied to mitigate any potentially adverse impacts, shall be permitted in the CPO district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Examples include: (a) An apartment or living quarters for the owner, caretaker or occupant of the building site; (b) Hospitals or convalescent hospitals; (c) Rest homes; (d) Pharmacies (in conjunction with a medical facility); (e) Banks and savings and loan associations; (f) Music schools; (g) Repealed per Ordinance No. 2005-04. (h) Lodges and clubs; (i) Churches; (j) Any use associated with the above permitted office uses with drive-up, drive-in or drive-through facilities for serving customers from their vehicle; (k) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (l) Florists; (m) Child daycare centers; (n) Copy service centers. (Ord. 2007-01, eff. 3/8/07; Ord. 2006-13, eff. 10/2/06; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 87-2 § 1 Exhibit B (4), eff. 2/19/87; Ord. 86-32 §§ 2 (part), 4 (B), (C), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-76.3)

12-10-1 Section 12-10.05. Accessory uses. Premises in the commercial/professional office district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any permitted principal use. (Prior Code § 10-76.4)

Section 12-10.06. Development standards. Development, uses and structures in the CPO district are subject to the development standards set out in the following sections of this chapter. (Prior Code § 10-76.5 (part))

Section 12-10.07. Building site. Minimum building site is five thousand (5,000) square feet, fifty (50) feet in width. (Prior Code § 10-76.5(a))

Section 12-10.08. Height. Maximum allowable building height is thirty-five (35) feet unless a greater height, not to exceed fifty (50) feet, is specifically approved by the Planning Commission through a conditional use or planned development permit. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 88-6 § 1(A), eff. 6/2/88: Ord. 87-11 § 1 (part), eff. 7/16/87; prior Code § 10-76.5(b))

Section 12-10.09. Setbacks. (a) Front Yard. Front yards shall be ten (10) feet; except, that when the front or side yard adjoins property in a residential zone, then a front yard of not less than twenty (20) feet shall be provided. (b) Side Yards. Side yards are only required under the following conditions: (1) When a lot or parcel of land in the CPO district has a side lot line adjoining property in a residential zone, a side yard of not less than ten (10) feet in width on the side adjoining such lot or parcel of land is required. (2) A corner lot or parcel of land shall have a side yard of not less than ten (10) feet in width adjoining the street. (3) The provisions of Section 12-26.06 regarding corner cutback requirements shall apply. (c) Rear Yards. Each lot or parcel of land in the CPO district which has a rear lot line adjoining property in a residential zone shall have a rear yard of not less than ten (10) feet. (Ord. 85-1093 § 1 (5), eff. 3/5/85; prior Code § 10-76.5 (c))

Section 12-10.10. Wall. Each lot or parcel of land in the CPO district which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height established along the side and rear lot line adjoining the residential zone. (Prior Code § 10-76.5(d))

Section 12-10.11. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-76.5(e))

Section 12-10.12. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-76.5(f))

Section 12-10.13. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations. See Section 12-3.04. (Prior Code § 10-76.5(g))

12-10-2 CHAPTER 12-11 CC CONVENIENCE CENTER DISTRICT

Section 12-11.01. Regulations designated. The sections of this chapter constitute the regulations of the CC (convenience center) district.

Section 12-11.02. Purpose. The CC district is designed and intended to provide centers for convenience shopping in the residential neighborhoods, planned and controlled to the extent that any such center will perform a vital service to the neighborhood in which it is located and becomes an integral part thereof.

Section 12-11.03. Permitted uses. The following uses are permitted in the CC district: (a) Bakeries; (b) Barbershops; (c) Delicatessens; (d) Grocery stores; (e) Laundry and cleaning establishments (retail to general public including self-service); (f) Pharmacies; (g) Public utility offices; (h) Restaurants (no sale or consumption of alcoholic beverages on the premises); (i) Beauty shops; (j) Florist. (Ord. 2005-04, eff. 5/19/05; Ord. 83-1065 § 1 (part), eff. 1/5/84)

Section 12-11.04. Conditional uses. Those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, shall be permitted in the CC district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Examples include: (a) Restaurants (including sale and consumption of alcoholic beverages on the premises); (b) Banks and financial institutions; (c) Drugstores; (d) Penny arcades, as provided in Section 12-11.05; (e) Any use with drive-up, drive-in or drive-through facilities for serving customers from their car, except the sale of gasoline and other fuels is prohibited; (f) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (g) An apartment or living quarters which can be occupied only by the owner, caretaker or someone associated with a business located in the building; (h) Child daycare centers; (i) Carpet sales. (Ord. 2005-04, eff. 5/19/05; Ord. 92-14, eff. 11/05/92; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/8)

Section 12-11.05. Penny arcades: Game machines. The establishment of a "penny arcade," as that term is defined at Section 12-2.112, is expressly prohibited in the convenience center zone. (a) Installations of three (3) or less coin-operated game machines, as that term is defined at Section 4-6.101 of this Code, are prohibited in the convenience center zone when provided in conjunction with the sale of alcoholic beverages at the same premises whether for on-premises or off-premises consumption, if persons under the age of eighteen (18) years are also admitted, unless accompanied by and under the supervision of a parent, legal guardian or other adult person having legal custody. The proprietor of a premises coming within the provisions of this subsection shall post and maintain a sign in a conspicuous place advising customers of the requirements imposed in this subsection. (b) There shall be at least sixty (60) square feet of net public floor area solely devoted to each such machine. (c) An exemption from the provisions of this section exists for any such game machine located in a private dwelling and neither offered for use by, nor available to, the general public.

12-11-1 (d) Nonconforming business amortization: (1) Existing, legally nonconforming arcades are exempt from the provisions of this section. Legal nonconforming uses include those installations of such game machines for which one (1) or more of the following permits or licenses had issued on or before June 22, 1982: (A) A conditional use permit under the provisions of this title; (B) An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either: (i) The owner/operator of the premises at which such machines are located, or (ii) The distributor who placed such machines upon the premises, unless the placement of additional machines at such a location on or after June 22, 1982 constituted the unauthorized expansion of an existing nonconforming use. (e) All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within ninety (90) days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and of this title or terminate the nonconforming use, ownership, operation or possession. (Ord. 82-1039 § 4, 1982)

Section 12-11.06. Accessory uses. Premises in the convenience center district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use.

Section 12-11.07. Development standards. Development, uses and structures in the CC District shall be subject to development standards set out in following sections of this chapter.

Section 12-11.08. Building site. The minimum building site required is one (1) acre. The maximum building site is three (3) acres.

Section 12-11.09. Height. Maximum allowable building height is thirty (30) feet. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 87-11 § 1 (part), eff. 7/16/87)

Section 12-11.10. Wall. Each lot or parcel of land in the CC district which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall, not less than six (6) feet in height, established along the side and rear lot line adjoining the residential zone.

Section 12-11.11. Setbacks. (a) Minimum front yard is ten (10) feet. (b) Minimum side yard is five (5) feet; or ten (10) feet on the side of a corner lot adjoining the street or when lot abuts a residential lot or parcel of land. (c) Minimum rear yard is fifteen (15) feet.

Section 12-11.12. Project review. Elevations, site plans and landscaping plans shall be reviewed and approved by the zoning administrator before issuance of a building permit.

Section 12-11.13. Parking. For provisions on parking, see Chapter 12-32 of this title.

Section 12-11.14. Signs. For provisions on signs, see Chapter 12-34 of this title.

12-11-2

Section 12-11.15. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04.

12-11-3 CHAPTER 12-12 C-1 CENTRAL BUSINESS DISTRICT

Section 12-12.01. Regulations designated. The sections of this chapter constitute the regulations of the C-1 (central business) district.

Section 12-12.02. Purpose. The C-1 district is designed and intended to provide for the community's need for a pedestrian-oriented commercial district. The zone shall be used by those retail and service activities which are space intensive and serve the regional market.

Section 12-12.03. Permitted uses. The following uses are permitted in the C-1 district: (a) Retail sales, such as: (1) Art supply, (2) Clothing stores, (3) Department stores, (4) Drugstores, (5) Ice cream shops, (6) Jewelry stores, (7) Sporting goods stores, (8) Radio, TV, stereo sales, (9) Beauty shops; (b) Service: (1) Banks and financial institutions, (2) Commercial and professional office, (3) Restaurants, (4) Physical fitness center/health club, (5) Temporary buying within a hotel or motel; (c) All uses permitted in the CC and CPO districts, except for emergency shelters; (d) Efficiency Unit Projects, subject to Chapter 12-52. (Ord. 2013-04, eff. 6/6/13; Ord. 2012-08, eff. 5/17/2013; Ord. 2011-06, eff. 8/18/11; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90)

Section 12-12.04. Conditional uses. Those uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public health and welfare and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the C-1 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Examples include: (a) Bars and cocktail lounges, and restaurants serving alcoholic beverages; (b) Motels, catering to transient occupants only; (c) Passenger terminals; (d) Pet shops, (exception: fish sales only does not require a CUP); (e) Lodges and clubs; (f) Churches; (g) Mechanical riding machines; (h) Penny arcades, as provided in Section 12-12.05; (i) Any use with drive-up, drive-in or drive-through facilities for serving customers from their vehicle; (j) Temporary retail sales within a hotel or motel; (k) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (l) Farmers' markets; (m) Arts and crafts sales; (n) Auditoriums; (o) Community centers; (p) Theaters;

12-12-1 (q) Concurrent retailing of motor vehicle fuel with alcoholic beverages for off-premises consumption at existing nonconforming service stations; (r) An apartment or living quarters which can be occupied only by the owner, caretaker or someone associated with a business located in the building; (s) Child daycare centers; (t) Senior citizen housing; (u) Buyback recycling facility when in conjunction with an existing business; (v) Emergency shelters subject to compliance with all requirements set forth in Chapter 12-53 of this title. (Ord. 2013-04, eff. 6/6/13; Ord. 2012-08, eff. 5/17/2012; Ord. 2006-13, eff 10/2/06; Ord. 2005-04, eff. 5/9/05; Ord. 92-14, eff. 11/05/92; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1(B), eff. 6/2/88: Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84)

Section 12-12.05. Penny arcades: Game machines. Installations of four (4) or more coin-operated game machines, as that term is defined at Section 4-6.101 of this Code, are permitted only upon the issuance of a conditional use permit or planned development permit, as provided for under this title. (a) Installations of three (3) or less such game machines is expressly prohibited in the C-1 zone when provided in conjunction with the sale of alcoholic beverages, whether for on-premises or off-premises consumption, on the same premises if persons under the age of eighteen (18) years are also admitted, unless accompanied by and under the supervision of a parent, legal guardian or other adult person having legal custody. The proprietor of a premises coming within the provisions of this section shall post and maintain a sign in a conspicuous place advising customers of the requirements imposed in this subsection. (b) Installations of three (3) or less such game machines shall provide at least sixty (60) square feet of net public floor area solely devoted to each such machine. (c) An exemption from the provisions of this section exists for any such game machine located in a private dwelling and neither offered for use by, nor available to, the general public. (d) In addition to the standards and conditions set forth at Sections 12-35.203 through 12-35.208 and elsewhere in this title, the following standards and conditions are illustrative of those available to the City in reaching a final determination under this section: (1) At least two (2) on-site bicycle parking spaces shall be provided for each such game machine. Bicycle parking shall be in approved bicycle racks or stands and shall not obstruct required exits or external circulation. Bicycle parking may be permitted inside buildings if no acceptable exterior parking site exists. In the event interior parking is required, the area designated as interior bicycle parking space may be deducted from net public floor area for purposes of calculating numbers of coin-operated machines permitted. (2) There shall be at least sixty (60) square feet of net public floor area solely devoted to each such game machine. (3) No person under the age of eighteen (18) years shall be permitted to operate such game machines during normal school hours unless accompanied by a parent, legal guardian or other adult person having the legal care and custody of such minor. (4) All such game machines within a premises shall be visible to and supervised by an adult attendant who shall be present at all times when any such game machine is being operated. (5) The adult supervision of the patrons on the premises shall be adequate to ensure and shall, in fact, ensure that there is no conduct contrary to law or otherwise detrimental to the public health, safety and welfare. (6) Generally distributed illumination adequate to permit observation and supervision shall be maintained in all parts of the premises at all times when any such game machine is available for public use. (7) No such game machine shall be situated in violation of any applicable fire regulation or so as to hinder reasonable internal circulation on the premises. (e) Nonconforming business amortization: (1) Existing, legally nonconforming arcades shall be exempt from the provisions of this section. Legal nonconforming uses include those installations of such game machines for which one (1) or more of the following permits or licenses had issued on or before June 22, 1982: (A) A conditional use permit under the provisions of this title; (B) A planned development permit under the provisions of this title; (C) An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either:

12-12-2 (i) The owner/operator of the premises at which such machines are located, or (ii) The distributor who placed such machines upon the premises, unless the placement of additional machines at such a location on or after June 22, 1982 constituted the unauthorized expansion of an existing nonconforming use. (2) All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within ninety (90) days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and of this title or terminate the nonconforming use, ownership, operation or possession. (3) Any unauthorized expansion of nonconforming uses is prohibited. (Ord. 82-1039 § 2, 1982)

Section 12-12.06. Accessory uses. Premises in the central business district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use.

Section 12-12.07. Development standards. Development, uses and structures in the C-1 district are subject to the development standards set out in Sections 12-12.08 through 12-12.16.

Section 12-12.08. Building site. Each lot or parcel of land shall have a minimum lot area of not less than seven thousand (7,000) square feet. Minimum lot width is fifty (50) feet.

Section 12-12.09. Height. No lot or parcel of land in the C-1 district shall have a building or structure in excess of three (3) stories, or forty (40) feet in height, whichever is less. However, a conditional use permit or planned development permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. Exception: Within the boundaries of the Central Redevelopment Project - California NDPA-1-2, no lot or parcel of land shall have a building or structure in excess of seventy-five (75) feet in height, provided, however, that the height of a building or structure in excess of three (3) stories or forty (40) feet in height is subject to approval of a conditional use permit or planned development permit by the Planning Commission. (Ord. 87-11 § 1 (part), eff. 7/16/87) (Ord. 98-16, eff. 01/14/99; Ord. 98-16, eff. 01/14/99)

Section 12-12.10. Wall. Each lot or parcel of land in the C-1 district which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall of not less than six (6) feet in height, established along the side and rear lot line adjoining the zone.

Section 12-12.11. Setbacks. (a) Front Yard. Each lot or parcel of land which has a side lot line adjoining property in a residential zone shall have a front yard of not less than ten (10) feet in width. (b) Side Yard. Each lot or parcel of land in the C-1 district which has a side lot line adjoining property in a residential zone shall have a side yard of not less than ten (10) feet in width on the side adjoining such residential lot or parcel of land. (c) Rear Yard. Each lot or parcel of land in the C-1 district which has a rear lot line adjoining property in a residential zone shall have a rear yard of not less than ten (10) feet.

Section 12-12.12. Project review. Approval of elevations, site plans and landscaping by the zoning administrator is required before the issuance of a building permit.

Section 12-12.13. Parking. For provisions on parking, see Chapter 12-32 of this title.

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Section 12-12.14. Signs. For provisions on signs, see Chapter 12-34 of this title.

Section 12-12.15. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04.

Section 12-12.16. Westside revitalization project. Standards presented in the Westside Revitalization Project Design Guidelines apply to the areas within the C-1 district, see Section 12-3.05. (Ord. 83-1065 § 1 (part), eff. 1/5/84)

Section 12-12.17. Display and storage. All display and storage shall be located wholly within an enclosed building.

Section 12-12.18. Residential screening. Each lot or parcel of land which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall of not less than six (6) feet in height established along the side and rear lot line adjoining the zone.

Section 12-12.19. Non-taxable merchandise limitations. For commercial uses exceeding ninety thousand (90,000) square feet of gross floor area, the non-taxable merchandise floor area shall not exceed eight percent (8%) of the total gross floor area of the building occupied by the commercial use. (Ord. No. 97-12, Enacted, 12/4/97)

12-12-4 CHAPTER 12-13 C-2 GENERAL COMMERCIAL DISTRICT

Section 12-13.01. Regulations designated. The sections of this chapter constitute the regulations of the C-2 (general commercial) district.

Section 12-13.02. Purpose. The C-2 district is designed and intended to provide for the general business and commercial needs of the City. The zone shall be used by a wide range of retail and service establishments which, because of their economic and activity requirements, are not suited to the central business district.

Section 12-13.03. Permitted uses. The following uses are permitted in the C-2 district: (a) All permitted uses in the C-1 (central business) district, except for emergency shelters; (b) Retail sales, such as: (1) Home improvement centers, (2) Furniture sales, (3) Secondhand sales; (c) Service establishments, such as: (1) Brake repair shops, (2) Muffler shops, (3) Blueprint shops, (4) Dental laboratories, (5) Medical clinics, (6) Motels, (7) Light equipment rentals, (8) Beauty shops, (9) Massage parlors; (d) Efficiency Unit Projects, subject to Chapter 12-52. (Ord. 2013-04, eff. 6/6/13; Ord. 2012-08, eff. 5/17/13; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84)

Section 12-13.04. Conditional uses. Those uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the C-2 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Examples include: (a) Bars, cocktail lounges and restaurants serving alcoholic beverages; (b) Bowling alleys; (c) Butane and propane service stations; (d) Child daycare centers; (e) Nightclubs; (f) All other automotive repair shops, including body and fender repair shops; (g) Service stations; (h) Veterinary clinics; (i) Repealed per Ordinance 2005-04. (j) Car washes; (k) Light wholesale uses which supply goods and materials which are sold in retail stores permitted in the C-1 district and C-2 district; provided, however, that the uses do not generate significant truck traffic; (l) Lodges and clubs; (m) Churches; (n) Mechanical riding machines; (o) Penny arcades, as provided in Section 12-13.05; (p) Automobile sales; (q) Boat sales; (r) Bus and taxi terminals;

12-13-1 (s) Nurseries; (t) Trailer sales; (u) Recreational vehicle sales; (v) Any use with drive-up, drive-in or drive-through facilities for serving customers from their vehicle; (w) Temporary retail sales within a hotel or motel; (x) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (y) Tractor and farm equipment sales; (z) Tire sales and service; (aa) Concurrent retailing of motor vehicle fuel with alcoholic beverages for off-premises consumption; (bb) An apartment or living quarters which can be occupied only by the owner, caretaker or someone associated with a business located in the building; (cc) Buyback recycling facility when in conjunction with an existing business; (dd) Emergency shelters subject to compliance with all requirements set forth in Chapter 12-53 of this title. (Ord. 2013-04, eff. 6/6/13; Ord. 2007-01, eff. 3/8/07; Ord. 2005-04, eff. 5/19/05; Ord. 92-14, eff. 11/05/92; Ord. 90- 1 § 2 (part), eff. 3/8/90; Ord. 86-32 §§ 2 (part), 5, eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84)

Section 12-13.05. Penny arcades: Game machines. Installations of four (4) or more coin-operated game machines, as that term is defined at Section 4-6.101 of this Code, are permitted only upon the issuance of a conditional use permit or planned development permit, as provided for under this title. (a) Installations of three (3) or less such game machines is expressly prohibited in the C-2 zone when provided in conjunction with the sale of alcoholic beverages, whether for on-premises or off-premises consumption, on the same premises if persons under the age of eighteen (18) years are also admitted, unless accompanied by and under the supervision of a parent, legal guardian or other adult person having legal custody. The proprietor of a premises coming within the provisions of this section shall post and maintain a sign in a conspicuous place advising customers of the requirements imposed in this subsection. (b) Installations of three (3) or less such game machines shall provide at least sixty (60) square feet of net public floor area solely devoted to each such machine. (c) An exemption from the provisions of this section exists for any such game machine located in a private dwelling and neither offered for use by, nor available to, the general public. (d) In addition to the standards and conditions set forth at Sections 12-35.203 through 12-35.208 and elsewhere in this title, the following standards and conditions are illustrative of those available to the City in reaching a final determination under this section: (1) At least two (2) on-site bicycle parking spaces shall be provided for each such game machine. Bicycle parking shall be in approved bicycle racks or stands and shall not obstruct required exits or external circulation. Bicycle parking may be permitted inside buildings if no acceptable exterior parking site exists. In the event interior parking is required, the area designated as interior bicycle parking space may be deducted from net public floor area for purposes of calculating numbers of coin-operated machines permitted. (2) There shall be at least sixty (60) square feet of net public floor area solely devoted to each such game machine. (3) No person under the age of eighteen (18) years shall be permitted to operate such game machines during normal school hours unless accompanied by a parent, legal guardian or other adult person having the legal care and custody of such minor. (4) All such game machines within a premises shall be visible to and supervised by an adult attendant who shall be present at all times when any such machine is being operated. (5) The adult supervision of the patrons on the premises shall be adequate to ensure and shall, in fact, ensure that there is no conduct contrary to law or otherwise detrimental to the public health, safety and welfare. (6) Generally distributed illumination adequate to permit observation and supervision shall be maintained in all parts of the premises at all times when any such game machine is available for public use. (7) No such game machine shall be situated in violation of any applicable fire regulation or so as to hinder reasonable internal circulation on the premises. (e) Nonconforming business amortization: (1) Existing, legally nonconforming arcades shall be exempt from the provisions of this section. Legal nonconforming uses include those installations of such game machines for which one (1) or more of the following permits or licenses had issued on or before June 22, 1982:

12-13-2 (A) A conditional use permit under the provisions of this title; (B) A planned development permit under the provisions of this title; (C) An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either: (i) The owner/operator of the premises at which such machines are located, or (ii) The distributor who placed such machines upon the premises, unless the placement of additional machines at such a location on or after June 22, 1982 constituted the unauthorized expansion of an existing nonconforming use. (2) All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within ninety (90) days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and this title or terminate the nonconforming use, ownership, operation or possession. (3) Any unauthorized expansion of nonconforming uses is prohibited. (Ord. 82-1039 § 3, 1982)

Section 12-13.06. Accessory uses. Premises in the general commercial district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use.

Section 12-13.07. Development standards. Development, uses and structures in the C-2 district shall be subject to the development standards set out in Sections 12-13.08 through 12-13.15.

Section 12-13.08. Building site. Each lot or parcel of land in the C-2 district shall have a minimum lot area of not less than seven thousand (7,000) square feet. Minimum lot width is fifty (50) feet.

Section 12-13.09. Height. In addition to all other requirements of this Code, no building or structure in excess of seventy (70) feet shall be constructed on a lot or parcel of land in the C-2 district unless the applicant first obtains written authorization from the City of Santa Maria Fire Department demonstrating the City’s capability to respond to a fire in that building or structure. A conditional use permit or a planned development permit shall be required for any building or structure in excess of forty (40) feet when adjacent to a residential zoning district. Properties separated by streets or alleys are considered to be adjacent. (Ord. 2007-05, eff. 5/31/07; Ord. 87-11 § 1 (part), eff. 7/16/87)

Section 12-13.10. Wall. Each lot or parcel of land in the C-2 district which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall of not less than six (6) feet in height established along the side and rear lot line adjoining the zone.

Section 12-13.11. Setbacks. (a) Minimum Setback. Each lot or parcel of land in the C-2 district which has a lot line adjoining property in a residential zone shall have a minimum setback of not less than ten (10) feet in width in the front, side and rear yards, for any building or structure at or under forty (40) feet in height. (b) Setback Guideline for Buildings Exceeding 40 Foot Height. As a guideline, whenever a building exceeds forty (40) feet in height, there shall be a ratio wherein for each ten (10) feet (or fraction thereof) of building height, there shall be a minimum of ten (10) feet of additional setback (above the base forty [40] feet height and ten [10] feet of setback) for the front, side or rear of any yard when adjacent to a residential district. For instance, a building forty (40) feet in height shall have a minimum ten (10) foot setback, a building fifty (50) feet in height shall have a minimum twenty (20) foot setback, a building sixty (60) feet in height shall have a minimum thirty (30) foot setback, and so forth. (c) Unless there is a compelling reason for a building setback, such as compliance with an adopted Specific Plan, there may be no setback when the C-2 lot or parcel is adjacent to a non-residential zoning district. (Ord. 2007- 05, eff. 5/31/07)

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Section 12-13.12. Project review. Review and approval of architectural elevations site and landscape plans by the zoning administrator for compliance with the adopted plans, policies and ordinances of the City is required prior to the issuance of a building permit.

Section 12-13.13. Parking. For provisions on parking, see Chapter 12-32 of this title.

Section 12-13.14. Signs. For provisions on signs, see Chapter 12-34 of this title.

Section 12-13.15. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04.

Section 12-13.16. Outside display and storage. All display, service, installation and storage in the C-2 district shall be located wholly within an enclosed building except in connection with the following uses by a conditional use permit or planning development permit: (a) Automobile service stations, which are permitted outside display of automobile tires, batteries, and similar equipment and accessories and petroleum products only; (b) Florist shops; (c) Nursery stock, plant material only; (d) Automobile parking facilities; (e) Automobile sales (new and used); (f) Boat, trailer and camper sales; (g) Bus and taxi terminals; (h) Spa and patio furniture sales. (Ord. 90-1 § 2 (part), eff. 3/8/90)

Section 12-13.17. Non-taxable merchandise limitations. For commercial uses exceeding ninety thousand (90,000) square feet of gross floor area, the non-taxable merchandise floor area shall not exceed eight percent (8%) of the total gross floor area of the building occupied by the commercial use. (Ord. No. 97-12, Enacted, 12/4/97)

Section 12-13.18. Outdoor auto repair and service. Outdoor auto repair and service is prohibited. Exception: One outdoor RV lift per property may be approved through the conditional use permit process. (Ord. 2005-04, eff. 5/19/05)

12-13-4 CHAPTER 12-13A HC HIGHWAY COMMERCIAL DISTRICT

Section 12-13A.01. Regulations Designated. The sections of this chapter constitute the regulations of the Highway Commercial (HC) district. (Ord. 2008- 29, eff. 1/15/09)

Section 12-13A.02. Purpose. The HC district is designed and intended to provide centers for both convenience and retail shopping along U.S. Highway 101, planned and controlled to provide the greatest service to the motoring public utilizing Highway 101 inside a corridor within 1,250 feet of the U.S. Highway 101 right-of-way. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.03. Permitted Uses. The following uses, as well as those similar uses which the zoning administrator finds to fall squarely within those that the purpose of the zone intends to allow by right, are permitted in the HC district: (a) Retail Vehicle Fuel Dispensing Station (b) Hotel and Motel (c) Restaurant including Café and Specialty Eating Establishments which includes ice cream, candy and coffee vendors (d) Home Improvement Center including outdoor spa/patio furniture (e) Furniture Sales including outdoor spa/patio furniture (f) Convenience Store (g) Cell Phone Sales & Repair (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.04. Conditional Uses (CUP). The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, are found by the Commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class enumerated for this zone, shall be permitted in the HC district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Beer and wine with meals (b) Bar or Cocktail Lounge if it is an accessory use to a motel, hotel, restaurant or café (c) Auto Service or Repair Service, repair and parking of vehicles to be screened from view (d) Drive-in or Drive-thru Establishments if associated with any permitted or conditionally permitted use in this Chapter (e) Car Wash (f) Recreational Vehicle Sales or Rentals including RV’s, trailers, boats, motorcycles, all terrain vehicles (g) Auto Vehicle Sales including service when associated with auto vehicle sales (h) Auto Rental (i) RV Park for active use (no storage) unless required by State of California (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.05. Establishment of Primary Use. A primary use shall be established prior to allowance of any accessory use (as defined in Section 12-2.04). (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.06. Development Standards. Development, uses and structures in the HC district are subject to the development standards set out in Sections 12-13A.01 through 12-13A.15. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.07. Height. The maximum height is forty (40) feet. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 2008-29, eff. 1/15/09)

12-13A-1 Section 12-13A.08. Wall. Each lot or parcel of land in the HC district which has a side or rear lot line adjoining property in a residential zone shall have a solid masonry wall of not less than six (6) feet in height, established along the side and rear lot line adjoining the zone. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.09. Setbacks. Each lot or parcel of land in the HC district which has a front, side or rear lot line adjoining property in a residential zone shall have a front yard of not less than ten (10) feet in width. A minimum twenty (20) foot wide landscape buffer shall be provided along Highway 101. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.10. Planned Development Overlay. A Planned Development Overlay, pursuant to Title 12, Chapter 35, shall be applied to each Highway Commercial (HC) zoning district. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.11. Parking. For provisions on parking, see Chapter 12-32 of this title. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.12. Signs. For provisions on signs, see Chapter 12-34 of this title. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.13. Display and Storage. All display and storage shall be located wholly within an enclosed building except for sales areas approved for recreation vehicle and auto vehicle sales or spa/patio furniture in conjunction with a home improvement center or furniture sales, as part of a Planned Development Permit or Conditional Use Permit. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.14. Applicability of HC District. The HC zone may be applied along U.S. Highway 101 within a corridor of 1,250 feet from the U.S. Highway 101 right-of-way. (Ord. 2008-29, eff. 1/15/09)

Section 12-13A.15. Entrada Specific Plan. Standards presented in the Entrada Specific Plan may apply to certain uses in certain locations; see Section 12- 3.04. (Ord. 2008-29, eff. 1/15/09)

12-13A-2 CHAPTER 12-14 FS FREEWAY SERVICE DISTRICT

Section 12-14.01. Regulations designated. The sections of this chapter constitute the regulations of the FS (freeway service) district. (Prior Code § 10-80)

Section 12-14.02. Purpose. The FS (freeway service) district is designed and intended to provide for commercial establishments operated primarily for the purpose of serving the essential needs of the freeway traveler. (Prior Code § 10-80.1)

Section 12-14.03. Permitted uses. The following uses are permitted in the FS district: (a) Hotels; (b) Motels; (c) Restaurants; (d) Public rest stops. (Prior Code § 10-80.2)

Section 12-14.04. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, shall be permitted in the FS district subject to obtaining a use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) Drive-in restaurant; (b) Cocktail lounges, when in connection with restaurants; (c) Automobile service stations, including sales normally related to the sale of gasoline. No repairs other than emergency repairs and replacement are permitted; (d) Recreational vehicle parks, catering to transient occupancy only; (e) Truck stops; (f) Penny arcades, as provided in Section 12-14.05; (g) Any use with drive-up, drive-in or drive-through facilities for serving customers from their vehicle; (h) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (i) Commercial recreation facilities; (j) Concurrent retailing of motor vehicle fuel with alcoholic beverages for off-premises consumption. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 80.3 (part), (a--e), (f) (part))

Section 12-14.05. Penny arcades: Game machines. The establishment of a "penny arcade," as that term is defined at Section 12-2.112, is expressly prohibited in the freeway service zone. (a) Installations of three (3) or less coin-operated game machines, as that term is defined at Section 4-6.101 of this Code, are prohibited in the freeway service zone when provided in conjunction with the sale of alcoholic beverages at the same premises, whether for on-premises or off-premises consumption, if persons under the age of eighteen (18) years are also admitted, unless accompanied by and under the supervision of a parent, legal guardian or other adult person having legal custody. The proprietor of a premises coming within the provisions of this section shall post and maintain a sign in a conspicuous place advising customers of the requirements imposed in this subsection. (b) There shall be at least sixty (60) square feet of net public floor area solely devoted to each such machine. (c) An exemption from the provisions of this section exists for any such game machine located in a private dwelling and neither offered for use by, nor available to, the general public. (d) Nonconforming business amortization: (1) Existing, legally nonconforming arcades are exempt from the provisions of this section. Legal nonconforming uses include those installations of such game machines for which one (1) or more of the following permits or licenses had issued on or before June 22, 1982: (A) A conditional use permit under the provisions of this title; (B) A planned development permit under the provisions of this title;

12-14-1 (C) An operator's license under Chapter 4-6 of this Code for purposes of establishing legal nonconformity only. An installation of such game machines is legally nonconforming if such an operator's license had issued to either: (i) The owner/operator of the premises at which such machines are located, or (ii) The distributor who placed such machines upon the premises, unless the placement of additional machines at such a location on or after June 22, 1982 constituted the unauthorized expansion of an existing nonconforming use. (2) All other installations of such machines are illegal nonconforming uses, and the owner or operator shall, within ninety (90) days after the effective date of the ordinance from which this section derives, either comply with the provisions of Chapter 4-6 of this Code and this title or terminate the nonconforming use, ownership, operation or possession. (Ord. 82-1039 § 5, 1982: prior Code § 10-80.3(f) (part))

Section 12-14.06. Accessory uses. Premises in the freeway service district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use. (Prior Code § 10-80.4)

Section 12-14.07. Development standards. Development, uses and structures in the FS district are subject to the development standards set out in following sections of this chapter. (Prior Code § 10-80.5)

Section 12-14.08. Building site. Minimum building site required is twenty thousand (20,000) square feet; hotels, motels and restaurants require twenty thousand (20,000) square feet per complex. (Prior Code § 10-80.5(a))

Section 12-14.09. Lot coverage. The maximum allowable coverage of each building site with main and secondary buildings is thirty percent (30%). (Prior Code § 10-80.5(b))

Section 12-14.10. Height. The maximum height is forty (40) feet. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 87-11 § 1 (part), eff. 7/16/87; prior Code § 10-80.5(c))

Section 12-14.11. Setbacks. (a) Minimum front yard is ten (10) feet. (b) Minimum side yards: (1) On a corner lot, no side yard shall be less than ten (10) feet. (2) On an interior lot, no side yard shall be less than ten percent (10%) of the average lot width or ten (10) feet, whichever is greater. (c) Minimum rear yard is twenty (20) feet. (Prior Code § 10-80.5(d))

Section 12-14.12. Storage and accessory uses. Incidental storage and accessory uses are permitted only when those uses are clearly incidental to the allowed use. No outside storage of materials is permitted in the FS district. (Prior Code § 10-80.5(e))

Section 12-14.13. Project review. Approval of elevations, site plans and landscaping by the zoning administrator is required before the issuance of a building permit. (Prior Code § 10-80.5(f))

Section 12-14.14. Screening. All parking and service areas, including driveways when located and adjacent to a residential district, in order to provide a degree of privacy to those residential districts and to reduce noise and glare originating in the freeway service district, shall be screened and separated from such property by a solid wall, view-obscuring fence or compact

12-14-2 evergreen hedge six (6) feet in height; except, that no such fence over forty-eight (48) inches in height shall be located within a required setback area adjacent to a street or right-of-way. (Prior Code § 10-80.5(g))

Section 12-14.15. Parking, service area and driveway access. Access to and from parking and service areas and all driveway ramps shall be located and designed in such a manner as to provide adequate ingress and egress to the premises without impeding traffic to and from freeway access ramps. (Prior Code § 10-80.5(h))

Section 12-14.16. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-80.5(i))

Section 12-14.17. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-80.5(j))

Section 12-14.18. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Prior Code § 10-80.5(k))

12-14-3 CHAPTER 12-15 M-1 LIGHT MANUFACTURING DISTRICT

Section 12-15.01. Regulations designated. The sections of this chapter constitute the regulations of the M-1 (light manufacturing) district. (Prior Code § 10-81)

Section 12-15.02. Purpose. The M-1 (light manufacturing) district is designed and intended to accommodate light industrial and design- research facilities which are self-contained and whose processes are characterized by the low generation of adverse impacts, and non-public-oriented offices which do not provide services to or cater to the general public. (Ord. 99-24)

Section 12-15.03. Permitted uses. (a) Industrial, manufacturing and non-public-oriented office uses conducted entirely within an enclosed building, subject to the prescribed performance standards contained in Article 3 of Chapter 12-33 of this title, are permitted in the M-l district. Examples include: (1) Administrative, executive and date processing offices when incidental and accessory to and directly related to primary industrial or manufacturing uses permitted in this zone; (2) Non-public-oriented offices which do not provide services or cater to the general public, other than those listed under Section 12-15.04; (3) Scientific research and experimental development laboratories; (4) Architects, engineering and industrial design offices; (5) Light assembly; (6) Manufacturing, processing and packaging of pharmaceuticals and drugs; (7) Manufacturing, processing and packaging of scientific, optical, medical, dental and precision instruments; (8) Printing, publishing and allied industries; (9) Warehousing and wholesale distributors; (10) Manufacturing, assembling, packaging and processing of articles or products from previously prepared material; (11) Limited retail sales when the product sold is manufactured, fabricated or assembled on site. The retail sales activity shall not provide service to or cater to or attract the general public; (12) The storage of flammable liquid in underground tanks, with a capacity not exceeding fifty (50) gallons, in conjunction with other permitted uses of the zone; (13) Uses not listed may be permitted upon determination by the Planning Commission to be compatible with the purpose of this zone; (14) Baker (wholesale). (Ord. 2005-04, eff. 5/19/05; Ord. 99-24)

Section 12-15.04. Prohibited uses. The following uses are specifically not permitted in the M-1 (light manufacturing) district: (a) Offices and physical health care services to the general public such as: (1) Accountants, (2) Attorneys, (3) Doctors and medical offices, (4) Real estate brokers, except temporary sales and leasing offices whose business is strictly limited to negotiating the lease or sale of properties located within the same development or subdivision tract where such broker's temporary sales or leasing office is located, (5) Dental offices, (6) Investment brokers, (7) Insurance brokers, (b) Residential uses. (Ord. 99-24)

Section 12-15.05. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate

12-15-1 any potentially adverse impacts, are permitted in the M-1 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 and subject to the development standards of Section 12-15.06: (a) Industrial or manufacturing uses which involve the screened outside storage of materials or products provided the outside storage area does not exceed fifteen percent (15%) of the lot area and is to the side or rear of the building(s), and provide the outside storage area incorporates landscaping to maintain compatibility with the prescribed performance standards contained in Article 3 of Chapter 12-33 of this title. (b) Miniwarehouses, subject to the development regulations in Section 12-15.14 of this Code; (c) Manufacturing and industrial enterprises which, as evidenced by findings in a resolution adopted by the Planning Commission, are compatible and harmonious with nearby existing and permitted uses; (d) Any use involving the storage or handling of explosive materials, the storage or handling of blasting agents, or the storage or handling of flammable liquids in aboveground tanks; (e) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (f) Wholesale/retail warehouse sales outlets of eighty thousand (80,000) square feet or more per use for high- volume merchandising operations typically based on memberships, when such use(s) are within one thousand (1,000) feet of U.S. Highway 101. Restaurants, as an accessory use to the wholesale/retail outlet, may be permitted provided the total floor area of all restaurants does not exceed ten thousand (10,000) square feet. (g) Truck terminals where the docks and truck parking are behind the buildings or screened by landscaping and walls; (h) Child care, when associated with, and integrated into, a facility that is a permitted or conditional use; (i) Tractor and heavy equipment sales and service facilities, including landscaped outdoor display and screened storage, when located adjacent to U.S. Highway 101; (j) Churches within an existing building (on a temporary basis); (k) Expansion of existing church; (l) Establishment of a recreational vehicle storage yard. (Ord. 2005-04, eff. 5/19/05; Ord. 99-24)

Section 12-15.06. Development standards. The property development standards set out in Sections 12-15.07 through 12-15.13 apply to all land and structures in the M-1 district. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-81.6 (part))

Section 12-15.07. Building site. Unless subject to a Planned Development permit approved by the Planning Commission consistent with Section 12-35, each lot shall be a minimum of fifteen thousand (15,000) square feet and shall have a minimum frontage width of one hundred (100) feet on a public street or accessway. (Ord. 2006-04, eff. 4/21/06; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-81.6(a))

Section 12-15.08. Height. No building or structure erected in this zone shall have a height greater than thirty-five (35) feet, unless so authorized by the zoning administrator. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 87-11 § 1 (part), eff. 7/16/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 81.6(b))

Section 12-15.09. Setbacks. (a) Front Yard. A minimum setback of twenty (20) feet is required. Where parking is provided in the required front yard setback a ten (10) foot landscaped strip shall be provided between the parking and the public right-of- way. (b) Side Yard. (1) No side yard setback is required except for street side yards or when adjacent to an "R" district; then, the required side yard adjacent to the street or "R" district shall be a minimum of ten (10) feet. (2) A corner lot or parcel of land shall have a landscaped side yard of not less than ten (10) feet in width adjoining the street.

12-15-2 (c) Rear Yard. No rear yard setback is required, except when adjacent to an "R" district; then, the required rear yard adjacent to the "R" district shall be a minimum of ten (10) feet. (Ord. 85-1093 § 1 (6), eff. 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-81.6(c))

Section 12-15.10. Screening. (a) When a lot abuts a residential zone, a fence or wall and landscape screening shall be provided subject to the approval of the zoning administrator. (b) A fence, or a solid wall not more than six (6) feet in height may be required along the perimeter of all areas which by reason of the conditions on the property or physical hazards are considered by the Planning Commission to be dangerous to the public health or safety. (c) A solid fence or wall shall be erected surrounding the area devoted to open storage. No material shall be stored to a height greater than the height of the required wall or fence, unless authorized by the zoning administrator, upon his finding that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-81.6(d))

Section 12-15.11. Parking. For provisions on parking, see Chapter 12-32 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10- 81.6(e))

Section 12-15.12. Signs. For provisions on signs, see Chapter 12-34 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10- 81.6(f))

Section 12-15.13. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-81.6(g))

Section 12-15.14. Mini-warehouse developments. The following are special development standards for mini-warehouse developments: (a) Mini-warehouse developments shall be located on property not less than one (1) acre. (b) Off-street parking: (1) The parking spaces shall be evenly distributed throughout the development as set forth in subsection (d) of this section. (2) Two (2) covered spaces for the manager's quarters are required. (3) Five (5) public parking spaces located at the warehouse office are required. (These spaces are to be available for prospective clients.) (c) Landscaping: (1) A landscaped strip twenty (20) feet in width is required along all street frontages and along property lines adjacent to residentially zoned property. The Planning Commission, however, may modify or delete this landscape and setback requirement upon making the following findings: (A) That the modified or deleted setback and/or landscaping will have no adverse effect on the adjacent property; (B) That the modified or deleted setback and/or landscaping will not be detrimental to the public welfare, nor injurious to property or improvements in the neighborhood; (C) That the modified or deleted setback and/or landscaping will not create a violation of other sections of the Municipal Code including the Building and Fire Codes; (D) That the granting of a modified or deleted setback and/or landscaping will result in a superior site design. (2) Landscaped areas with vertical plant material shall also be provided in the interior of the development. (d) On-site circulation and driveway widths: (1) All door openings into storage units shall have frontage on a twenty-five (25) foot wide or greater driveway to accommodate two-way traffic. (2) Customer parking for loading and unloading goods and materials shall be accommodated along the side(s) of the driveway(s). Parking spaces shall not be marked on the pavement. (3) One or more signs shall be posted on each building stating "parking for loading and unloading only."

12-15-3 (4) Customer parking for loading and unloading is not required when driveways do not serve storage units. (e) Fencing and screening: (1) Fencing is required around the perimeter of the project. The fence shall be a minimum of six (6) feet in height and constructed of decorative concrete block or chain-link fence with slats as approved by the Planning Commission. (2) All outdoor storage yards shall be screened from view of surrounding properties. (f) Signs: All signs shall be approved by the Community Development Department prior to the issuance of the sign permit. (g) Fire protection: Fire protection shall be provided to meet existing City Codes and Fire Department requirements. (h) Use restriction: Mini-warehouse developments shall be limited to the long-term storage of goods and materials only. The storage of goods and materials for short periods or the frequent use or handling thereof, is not permitted in mini-warehouse developments. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-81.7; Ord. 93-8, Renumbered, 07/01/93, 12-15.14) (Ord. 99-24)

Section 12-15.15. Airport-adjacent development. The following special performance standards apply to development adjacent to or on the Santa Maria Public Airport: (a) Lights must be so arranged/hooded so as not to create confusion for arriving aircraft or interfere with the observation of aircraft from the control tower at night. (b) No object or structure may be erected, nor any natural growth be allowed, to penetrate any imaginary surface defined in Federal Aviation Regulation Part 77, Section 77.25. (Ord. 84-1077 § 1 (Exhibit B) (A) (part), eff. 11/1/84)

12-15-4 CHAPTER 12-16 CM COMMERCIAL/MANUFACTURING DISTRICT

Section 12-16.01. Regulations designated. The sections of this chapter constitute the regulations of the CM (commercial/manufacturing) district. (Prior Code § 10-82)

Section 12-16.02. Purpose. The CM district is designed and intended to provide for light, industrial and limited commercial uses (primarily of a wholesale nature), wherein operations are such that they will be compatible with adjacent commercial environs of the community. (Prior Code § 10-82.1)

Section 12-16.03. Permitted uses. The following uses are permitted in the C-M (commercial/manufacturing) district subject to the prescribed performance standards contained in Article 2 of Chapter 12-33 of this title: (a) Manufacturing, such as: (1) Baker (wholesale), (2) Cabinet shop; (b) Processing, such as: (1) Blueprinting and photocopying, (2) Carpet and rug cleaning plant, (3) Bottling plant, (4) Laboratory (medical or scientific); (c) Wholesaling, warehousing and storage, not open to the general public, such as: (1) Wholesaling and warehousing facilities, (2) Van and storage, (3) Feed and fuel, (4) The storage of flammable liquid in underground tanks, subject to approval by the fire marshal; (d) Utilities, such as: (1) Distribution plants, (2) Utility substations; (e) Repair and equipment services, such as: (1) Automotive repair and service facilities excluding conditional uses listed in 12-16.05; (2) Equipment rental and/or service; (f) Other: (1) Heavy retail business when the business is contained wholly within a building, (2) Administrative or executive offices when incidental and accessory to and when directly related to the primary industrial or manufacturing uses permitted in the zone. (Ord. 2006-13, eff 10/2/06; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1(D)(part), eff. 6/2/88; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.2)

Section 12-16.04. Prohibited uses. The following uses are specifically not permitted in the CM (commercial/manufacturing) district: (a) Residential uses; (b) Offices providing services to the general public such as: (1) Architects, (2) Accountants, (3) Attorneys, (4) Doctors and medical offices, (5) Real estate brokers, except temporary sales and leasing offices whose business is strictly limited to negotiating the lease or sale of properties located within the same development or subdivision tract where such broker's temporary sales or leasing office is located, (6) Dental offices, (7) Investment brokers, (c) Outdoor auto repair and service is prohibited. Exception: One outdoor RV lift per property may be approved through the conditional use permit process. (Ord. 2005-04, eff. 5/19/05; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.3 (part))

12-16-1 Section 12-16.05. Conditional uses. Those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the Planning Commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the CM district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title and subject to the development standards of Section 12-16.06. Examples include: (a) Screened material storage yard; (b) Screened utility yard; (c) Mini-warehouses subject to the development standards in Section 12-15.14; (d) Screened storage yard; (e) Any screened outside storage use; (f) Any use involving the storage or handling of explosive materials. The storage or handling of blasting agents, or the storage or handling of flammable liquids in aboveground tanks; (g) Kennels; (h) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (i) Commercial vehicle sales, service, or rental facilities; (j) Commercial batting cage facilities when contained within a building; (k) Automotive body and fender repair and/or automotive painting; (l) Heavy retail businesses which are not totally contained within a building; (m) Tire sales and service; (n) Auto detailing; (o) Auto wash; (p) Transmission repair and service; (q) Screened vehicular parking and storage in conjunction with an existing non-conforming auto salvage yard; (r) Additions to existing churches located on single tenant building sites; (s) Child day care centers; (t) Recycling, including outside storage; (u) Trucking terminals; (v) An apartment or living quarters for the caretaker of a building site; (w) Physical fitness centers/health club; (x) Pallet making; (m) Camper sales and service; (n) Churches within an existing building; (aa) Expansion of existing church. (Ord. 2005-04, eff. 5/19/05; Ord. 96-2, eff. 03/08/96; Ord. 95-1, eff. 03/23/95; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1 (D) (part), eff. 6/2/88; Ord. 86-32 §§ 2 (part), 6A, eff. 2/19/87; Ord. 85-1109 § 1 (2), eff. 1/2/86; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.3 (part))

Section 12-16.06. Accessory uses. Premises in the CM (commercial/manufacturing) district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal uses. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-82.4)

Section 12-16.07. Development standards. The property development standards set out in following sections of this chapter apply to all land and structures in the CM district. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.5 (part))

Section 12-16.08. Building site. Unless subject to a Planned Development permit approved by the Planning Commission consistent with Section 12-35, each lot shall be a minimum of fifteen thousand (15,000) square feet and shall have a minimum frontage width of eighty (80) feet on a public street or accessway. (Ord. 2006-04, eff. 4/21/06; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.5 (a))

12-16-2 Section 12-16.09. Height. No building or structure erected in this zone shall have a height greater than forty (40) feet, unless so authorized by the zoning administrator, upon his finding that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 87-11 § 1 (part), eff. 7/16/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 82.5 (b))

Section 12-16.10. Setbacks. (a) Front Yard. Minimum setback shall be twenty (20) feet. Where parking is provided in the required front yard setback a ten (10) foot landscaped strip shall be provided separating the parking from the public right-of-way. (b) Side and Rear Yards. (1) No side or rear yards are required, except when adjacent to an "R" district; then, the required side yard or rear yard adjacent to the "R" district shall be a minimum of ten (10) feet. (2) A corner lot or parcel of land shall have a landscaped side yard of not less than ten (10) feet in width adjoining the street. (Ord. 85-1093 § 1 (7), eff. 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-82.5 (c))

Section 12-16.11. Screening. (a) When a lot abuts a residential zone a solid masonry wall of not less than six (6) feet shall be erected on the zone boundary line. (b) A fence, or solid masonry wall, not less than six (6) feet in height may be required along the perimeter of all areas which, by reasons of the conditions on the property or physical hazards, are considered by the Planning Commission to be dangerous to the public health or safety. (c) A solid fence or wall shall be erected surrounding the area devoted to open storage. No material shall be stored to a height greater than the height of the required wall or fence, unless authorized by the zoning administrator, upon his finding that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-82.5 (d))

Section 12-16.12. Parking. For provisions on parking, see Chapter 12-32 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10- 82.5 (e))

Section 12-16.13. Signs. For provisions on signs, see Chapter 12-34 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10- 82.5 (f))

Section 12-16.14. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-82.5 (g))

12-16-3 CHAPTER 12-17 M-2 GENERAL MANUFACTURING DISTRICT

Section 12-17.01. Regulations designated. The following sections of this chapter constitute the regulations of the M-2 (general manufacturing) district. (Prior Code § 10-83)

Section 12-17.02. Purpose. The M-2 district is designed and intended to provide a district which will ensure an environment conducive to the development and protection of modern industrial processes and activities that may not be compatible with proximate residential or commercial uses, but may be compatible with adjoining light manufacturing districts. The uses permitted in this district can be characterized as generating a higher level of potential influences upon surrounding land uses than the light manufacturing district. (Prior Code § 10-83.1)

Section 12-17.03. Permitted uses. (a) The following uses shall be permitted in the M-2 (general manufacturing) district, subject to the prescribed performance standards contained in Chapter 12-33 of this title: (1) Boat manufacture; (2) Heavy equipment assembly; (3) Welding operations; (4) Sheet metal fabrication; (5) Storage of flammable liquid in underground tanks, subject to fire marshal approval; (6) Administrative or executive offices when incidental and accessory to and when directly related to primary industrial or manufacturing uses permitted in the zone. (b) Uses not listed may be permitted upon determination by the Planning Commission to be compatible with the purpose and intent of this zone. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-83.2)

Section 12-17.04. Prohibited uses. The following uses are specifically not permitted in the M-2 (general manufacturing) district: (a) Offices providing services to the general public such as: (1) Architects; (2) Accountants; (3) Attorneys; (4) Doctors and medical offices; (5) Real estate brokers, except temporary sales and leasing offices whose business is strictly limited to negotiating the lease or sale of properties located within the same development or subdivision tract where such broker's temporary sales or leasing office is located; (6) Dental offices; (7) Investment brokers. (b) Residential uses. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-83.3)

Section 12-17.05. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the intent and purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, shall be permitted in the M-2 district subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title: (a) A manufacturing industrial enterprise which, in the opinion of the Planning Commission as evidenced by resolution, has inherent qualities or characteristics which, unless provided for, would cause such use to be incompatible or inharmonious with adjacent or nearby permitted uses; (b) Any use involving the storage or handling of explosive materials, the storage or handling of blasting agents, or the storage or handling of flammable liquids in aboveground tanks; (c) Food processing plants; (d) Salvage yards; (e) Miniwarehouses subject to the development standards in Section 12-15.14;

12-17-1 (f) An increase in pipeline capacity through the repair, maintenance, replacement or installation of new pipelines as defined in Section 12-2.113.1; (g) Pallet making; (h) Greenhouses; (i) Child daycare facilities as an accessory use. (Ord. 2005-04, eff. 5/19/05; Ord. 86-32 § 2 (part), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-83.4)

Section 12-17.06. Accessory uses. Premises in the general manufacturing district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-83.5)

Section 12-17.07. Development standards. Development, uses and structures in the M-2 district are subject to the development standards in following sections of this chapter. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-83.6 (part))

Section 12-17.08. Building site. Unless subject to a Planned Development permit approved by the Planning Commission consistent with Section 12-35, each lot shall be a minimum of fifteen thousand (15,000) square feet and shall have a minimum frontage width of eighty (80) feet on a public street or accessway. (Ord. 2006-04, eff. 4/21/06; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-83.6(a))

Section 12-17.09. Height. No building or structure erected in this zone shall have a height greater than forty (40) feet, unless so authorized by the zoning administrator, upon his findings that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. However, a conditional use permit is required for any building or structure in excess of one (1) story or eighteen (18) feet in height when adjacent to a residential zoning district unless the building or structure is located more than one hundred (100) feet from the residential district boundary. Properties separated by streets and alleys are considered to be adjacent. (Ord. 87-11 § 1 (part), eff. 7/16/87; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 83.6(b))

Section 12-17.10. Setbacks. (a) Front Yard. A minimum front yard setback of twenty (20) feet is required. Where parking is provided in the required front yard setback a ten (10) foot wide landscaped strip shall be provided between the parking and the public right-of-way. (b) Side and Rear Yards. (1) No side or rear yards are required, except when adjacent to an "R" district; then, the required side yard or rear yard adjacent to the "R" district shall be a minimum of ten (10) feet. (2) A corner lot or parcel of land shall have a landscaped side yard of not less than ten (10) feet in width adjoining the street. (Ord. 85-1093 § 1 (8), eff. 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-83.6(c))

Section 12-17.11. Screening. (a) When a lot abuts a residential zone, a combination of fencing and/or landscaping screening shall be provided subject to the approval of the zoning administrator. (b) A fence, or solid wall not less than six (6) feet in height may be required along the perimeter of all areas which by reasons of the conditions on the property or physical hazards are considered by the Planning Commission to be dangerous to the public health or safety. (c) A solid fence or wall shall be erected surrounding the area devoted to open storage. No material shall be stored to a height greater than the height of the required wall or fence, unless authorized by the zoning administrator, upon his findings that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-83.6(d))

12-17-2 Section 12-17.12. Parking. For provisions on parking, see Chapter 12-32 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-83.6(e))

Section 12-17.13. Signs. For provisions on signs, see Chapter 12-34 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10- 83.6(f))

Section 12-17.14. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-83.6(g))

12-17-3 CHAPTER 12-18 PF PUBLIC FACILITIES AND INSTITUTIONAL DISTRICT

Section 12-18.01. Regulations designated. The sections of this chapter constitute the regulations of the PF (public facilities) district. (Prior Code § 10-84)

Section 12-18.02. Purpose. The PF district is designed and intended to provide for those uses and activities which serve the public and are generally conducted by government agencies or charitable and philanthropic nonprofit organizations. (Prior Code § 10-84.1)

Section 12-18.03. Permitted uses. The following uses and those which the Planning Commission find to be similar to and within the intent and purpose of the PF district, that are no more obnoxious or detrimental to the public welfare, and are found by the commission to be compatible with adjoining land uses, and which are of a comparable nature and of the same class as the uses enumerated in this section, are permitted: (a) Governmental buildings and facilities designed for public use and accommodation; (b) Public libraries, museums and schools and colleges; (c) Charitable and philanthropic institutions; (d) Cemeteries, crematories or mausoleums; (e) Water and wastewater treatment plants, substations and other public service facilities of a similar nature; (f) Uses, buildings and structures incidental, accessory and subordinate to permitted uses; (g) Churches; (h) Student housing; (i) Emergency shelters subject to compliance with all requirements set forth in Chapter 12-53 of this title. (Ord. 2013-04, eff. 6/6/13; Ord. 2005-04, eff. 5/19/05; Ord. 85-1109 § 1 (6), eff. 1/2/86; prior Code § 10-84.2)

Section 12-18.04. Accessory uses. Premises in the PF (public facilities) district may be used for accessory uses, provided such uses are established on the same lot or parcel of land, are incidental to and do not substantially alter the character of any permitted principal use. (Prior Code § 10-84.3)

Section 12-18.05. Development standards. Development, uses and structures in the PF district are subject to the development standards set out in Sections 12-18.06 through 12-18.12. (Prior Code § 10-84.4 (part))

Section 12-18.06. Lot coverage. No development shall cover in excess of fifty percent (50%) of the total area of the property (exclusive of public streets). (Prior Code § 10-84.4(a))

Section 12-18.07. Height. No building or structure shall exceed a height of three (3) stories or thirty-five (35) feet as measured from finished grade on the site, unless so authorized by the Planning Commission, upon the approval of a Planned Development Permit and making the finding that unique circumstances apply to the particular property or development proposed which justify an exception and which if allowed will nevertheless be compatible with adjoining properties. (Prior Code § 10-84.4(b))(Ord. 2000-18, eff. 12/5/00).

Section 12-18.08. Setbacks. (a) Front yard: No building or structure shall be located closer than fifteen (15) feet to the right-of-way line of any public street. (b) Required side yard is ten (10) feet. (c) Required rear yard is ten (10) feet. (Prior Code § 10-84.4(c))

Section 12-18.09. Project review. (a) Except for emergency shelters as provided by Chapter 53 of this Code, no permit shall be issued for the grading of land nor for the construction, erection or moving of any buildings or structure, nor the use of any land in

12-18-1 the PF district until a development plan has been approved by the Planning Commission. Three (3) copies of a development plan shall be submitted to the Community Development Department and shall include the following: (1) A plot plan of the proposed development drawn to scale showing the boundaries of the property, topography, and a proposed grading plan; the width, location and names of surrounding streets; the location, dimensions and uses on adjacent property of all existing buildings and structures within fifty (50) feet of the boundary line of the subject property; the location, dimension, ground floor area, and uses of all existing proposed buildings and structures on the subject property; landscaping, parking areas, including the size and number of parking spaces and the internal circulation pattern; signs, including location, size and height; pedestrian, vehicular and service ingress and egress; location, height and material of walls and fences; and a designation of the specific uses of the property; (2) Schematic drawings and renderings to scale showing architectural design of buildings and structures proposed to be constructed; (3) Statistical information including the following: (A) Acreage or square footage in the property, (B) Height, ground floor area and total floor area of each building, (C) Number of buildings on the site, (D) Building coverage expressed as a percentage of the total lot area, (E) Parking ratio, expressed as the number of parking spaces to the square footage of building area, (F) Area of land devoted to landscaping and/or open space usable for recreation purposes and its percentage of the total land area, (G) The sequence of construction of various portions of development, (H) A statement as to the source of water and method of waste water disposal. (b) Upon receipt of a development plan, together with the required supplemental data, the Community Development Department shall transmit copies of the development plan along with the departmental recommendations to the Planning Commission which shall consider the plan and the recommendations of the staff and shall approve, conditionally approve or disapprove the development plan within a period of thirty (30) days. The decision of the Planning Commission shall be subject to appeal to the Council. (Ord. 2013-04, eff. 6/6/13; Prior Code § 10-84.4(d))

Section 12-18.10. Parking. For provisions on parking, see Chapter 12-32 of this title. (Prior Code § 10-84.4(e))

Section 12-18.11. Signs. For provisions on signs, see Chapter 12-34 of this title. (Prior Code § 10-84.4(f))

Section 12-18.12. Entrada Plan. Standards presented in the Entrada Specific Plan may apply to uses in certain locations, see Section 12-3.04. (Prior Code § 10-84.4(g))

Section 12-18.13. Airport-adjacent development. The following special performance standards apply to development adjacent to or on the Santa Maria Public Airport: (a) Lights must be so arranged/hooded so as not to create confusion for arriving aircraft or interfere with the observation of aircraft from the control tower at night. (b) No object or structure may be erected, nor any natural growth be allowed, to penetrate any imaginary surface defined in Federal Aviation Regulation Part 77, Section 77.25. (Ord. 84-1077 § 1 (Exhibit B) (A) (part), eff. 11/1/84)

12-18-2 CHAPTER 12-19 SP SPECIFIC PLAN ZONING DISTRICT

Section 12-19.01. Purpose. The SP district is designed and intended to provide greater urban design flexibility through the adoption of a General Plan-Specificl Plan. Such flexibility allows the City to assemble a set of land use specifications and implementation programs tailored to the unique characteristics of each area. All City zoning districts may be made a part of the specific plan; however, the implementation of each zone must be consistent with the adopted General Plan-Specificl Plan. Until the formal adoption of a General Plan-Specificl Plan by the City Council, the SP district shall act as a development holding zone in which no development activity shall be allowed until a specific plan is adopted. (California Government Code Section 65450 et seq.) (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.02. Specific plan content. (a) A specific plan shall include a text and diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; (2) The proposed distribution, location, and extent of intensity of major components of public and private transportation, sewage, water, drainage, solid waste, disposal, energy, police, fire, recreation, government offices, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses in the plan; (3) Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable; (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out subsections (1), (2) and (3) of this section; (5) The specific plan may address any other subjects necessary or desirable for implementation of the General Plan. (b) The specific plan shall include a statement of the relationship of the specific plan to the General Plan. The specific plan should demonstrate implementation of the goals, policies and objectives outlined in the Santa Maria General Plan. (c) No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the General Plan. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.03. Permitted uses. The specific plan shall designate all land uses, and the geographic boundaries of each land use, allowed in the specific plan area. Each land use shall be consistent with the adopted specific plan and corresponding zoning noted in the plan. If the General Plan-Specificl Plan has not been formally adopted by City Council, then the SP zone shall hold the land uses and not allow development until formal specific plan adoption. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.04. Zoning standards. Unless otherwise redefined in the specific plan, all zoning Code provisions (Title 12) of the Municipal Code shall apply to development under the specific plan. Each specific plan may designate optional development standards, which are independent of the City zoning provisions and other adopted specific plans, to be applied within the defined specific plan area. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.05. Adoption of the specific plan. The City Council grants all approvals of specific plans in the City. Each specific plan shall be adopted by resolution, for General Plan consistency, and by ordinance, for zoning consistency. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.06. Amendments. An adopted specific plan shall be amended by resolution and ordinance of the City Council and may be amended as often as deemed necessary by the City Council. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

Section 12-19.07. Repeal. An adopted specific plan may be repealed in the same manner as is required to be amended. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

12-19-1 Section 12-19.08. Severability. Successful legal challenge of the specific plan provisions, all or part, shall not be considered an invalidation of the City General Plan and zoning provisions authorizing the specific plan. (Ord. 90-19 § 1 (Exh. 2 (part)), eff. 10/3/90)

12-19-2 CHAPTER 12-20 AS-I AIRPORT SERVICE I ZONE

Section 12-20.01. Applicability. The regulations set out in this chapter apply in the airport service I zone (AS-I) unless otherwise provided in this chapter. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-20.02. Intent. It is the intent of this zone classification to establish those areas which are required for the safe and orderly ground maneuvering, landing and takeoff of aircraft, the protection of those imaginary surfaces described in Federal Aviation Regulation Part 77, Section 77.25, the protection of existing navigational aids and reservation for future runway, taxiway and navigational aid development. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-20.03. Scope. This zone includes but is not limited to those areas within building restriction lines as shown on the approved airport layout plan, taxiway safety areas as defined in Federal Aviation Administration Advisory Circulars 150/5300-4 series, 150/5300-6 series and 150/5335-1 series and clear zones as defined in Federal Aviation Administration Regulation Part 152, Section 152.11. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-20.04. Permitted uses. Aeronautical facilites and related uses as follows are permitted uses: (a) Runways; (b) Taxiways; (c) Instrument landing navigation aids and related equipment buildings; (d) Visual navigation aids; (e) Wind and weather data indicators; (f) Airport entrance roads. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-20.05. Airport plan conformance. Only those facilities and structures appearing in the approved national airport system plan and airport layout plan may be constructed in this zone. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

12-20-1 CHAPTER 12-21 AS-II AIRPORT SERVICE II ZONE

Section 12-21.01. Applicability. The regulations set out in this chapter apply in the airport service II zone (AS-II) unless otherwise provided in this chapter. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-21.02. Intent. It is the intent of this zone classification to establish an area in the immediate vicinity of the aeronautical facilities at the airport for aircraft and airport-related activities and uses (such as hotels and motels, including temporary uses that are accessory or incidental to hotels and motels serving the airport). It is also the intent of this zone to exclude activities that do not use the aeronautical facilities as an integral and necessary part of their function. (Ord. 2011-06, eff. 8/18/11; Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-21.03. Permitted uses. Airport facilities and related uses as follows, as well as similar uses that promote the purpose of the zone as determined by the Zoning Administrator, are permitted uses: (a) Any permitted use in the AS-I zone; (b) Aircraft parking aprons; (c) Aircraft storage buildings, including access roadways, taxiways, drainage structures and auto parking areas; (d) Fixed base operations, including access roadways, taxiways, aircraft parking ramps, drainage structures and auto parking areas; (e) Fueling facilities, including access roadways, drainage structures and aircraft parking ramps; (f) Crash, fire and rescue station; (g) Airport maintenance yard; (h) Public parking facilities; (i) Aviation-related federal government installations; (j) Auto rental and preparation facilities. (k) When located within a hotel, motel or passenger terminal: (1) Temporary buying as defined in Chapter 2 of this Title; (2) Gift shop; (3) Restaurant; (4) Travel agency; (5) Barber shop; (6) Beauty salon; (7) Spa; (8) Seminars, conventions, conferences and trade shows. (Ord. 2011-06, eff. 8/18/11; Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-21-04. Prohibited uses. The following uses are prohibited: (a) Any residential use; (b) Retail sales other than those specifically allowed elsewhere in this chapter; (c) General business or professional office, including medical, attorneys, real estate, stockbroker and insurance broker. (Ord. 2011-06, eff. 8/18/11)

Section 12-21.05. Conditional uses. The following uses and those similar uses which the Planning Commission finds to fall within the purpose of this zone, that will not be more obnoxious or detrimental to the public welfare, and are found by the Planning Commission to be compatible with adjoining land uses, provided that conditions and development standards are applied to mitigate any potentially adverse impacts, are permitted in the AS-II district subject to obtaining a conditional use permit, according to the procedures set forth in Article 2 of Chapter 12-35 and subject to the specific requirements of this Chapter: (a) Aircraft component manufacturing facilities; (b) Airline headquarters/maintenance facilities; (c) Passenger terminals and auto parking; (d) Hotels;

12-21-1 (e) Motels; (f) Temporary retail sales within a hotel or motel; (g) When located within a hotel or motel: bars and cocktails lounges, and restaurants serving alcoholic beverages; (h) Air freight terminals; (i) Executive/general aviation terminal facilities with related offices and food service facilities; (j) Heliport and related terminal facilities. (Ord. 2011-06, eff. 8/18/11; Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-21.06. Lighting arrangement and hooding. Lights must be arranged/hooded so as not to create confusion for arriving aircraft or interfere with the observation of aircraft from the control tower at night. (Ord. 2011-06, eff. 8/18/11; Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

12-21-2 CHAPTER 12-22 AS-III AIRPORT SERVICE III ZONE

Section 12-22.01. Applicability. The regulations set out in this chapter apply in the AS-III zone unless otherwise provided in this chapter. (Ord. 84-1087 § 1 (Exhibit A) (part), eff. 12/6/84)

Section 12-22.02. Intent. (a) This zone classification is designed to provide for hotels and related commerce, research and development industries and laboratories, administrative centers, very light and highly specialized manufacturing operations and other similar places of employment characterized by a low employment density and minimum customer activity. General retail commerce is excluded because these uses are adequately provided for in the downtown Santa Maria area. (b) The allowed uses other than those specifically permitted are therefore prescribed by a series of restrictive performance and development standards which define uses in addition to those listed and not specifically excluded and which can develop and operate within all of these standards. It is presumed that they will be good neighbors to the other uses in the zone. (Ord. 84-1087 § 1 (Exhibit A) (part), eff. 12/6/84)

Section 12-22.03. Conditional uses. Subject to approval of a conditional use permit or planned development permit, the following uses may be permitted: (a) Hotels, when located not closer than one thousand five hundred (1,500) feet westerly from the intersection of Skyway Drive and Highway 135/Orcutt Expressway; (b) Novelty or gift shops, restaurants, automated teller machines and personal services when contained within and as accessory uses to hotels; (c) Administrative or executive offices when incidental and accessory to and directly related to primary industrial or manufacturing uses permitted in the zone and corporate offices containing more than twenty-five thousand (25,000) square feet per tenant; (d) Engineering and industrial design facilities; (e) Scientific research and experimental development laboratories which do not require outside testing or storage; (f) Data processing offices, equipment incidental to sale and service/maintenance; (g) Additional uses may be permitted when determined by the Planning Commission to be compatible with other conditional uses, provided the uses conform to all of the performance and development standards and other restrictions contained in Section 12-22.05. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 84-1087 § 1 (Exhibit A) (part), eff. 12/6/84)

Section 12-22.04. Prohibited uses. The following uses are not allowed, regardless of whether they can conform to the standards in this chapter or not: (a) Any residential use; (b) Retail sales other than those specifically allowed elsewhere in this chapter; (c) General business or medical office; (d) Outdoor storage. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 84-1087 § 1 (Exhibit A) (part), eff. 12/6/84)

Section 12-22.05. Imaginary surface penetration. No object or structure may be erected nor any natural growth be allowed to penetrate any imaginary surface defined in Federal Aviation Regulation Part 77, Section 77.25. (Ord. 84-1087 § 1 (Exhibit A) (part), eff. 12/6/84)

Section 12-22.06. Mitigation measures. The PD (planned development) overlay zones are subject to the following: All mitigation measures as specified in the initial study, E-83-154B, prepared for GP-83-10 and Z-83-16, should be considered by the applicant during the planning stage for a specific development proposal; and, further, the mitigation measures, if applicable at the time of the approving body's consideration of the specific proposal, should be made conditions of approving the project. (Ord. 84-1087 § 1 (Exhibit D), eff. 12/6/84)

12-22-1 CHAPTER 12-23 CZ CLEAR ZONE DISTRICT COMBINING REGULATIONS

Section 12-23.01. Regulations established. The CZ clear zone district combining regulations are established in order to preserve and protect the visual and instrument landing approaches to the runways. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-23.02. Intent. It is the intent of this zone classification to ensure adequate property interest in favor of the airport owner in the clear zone as defined in Federal Aviation Regulation Part 152, Sections 152.9 and 152.11. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-23.03. Permitted uses. Aeronautical facilities and related uses as follows are permitted uses: (a) Instrument landing navigation aids and equipment buildings; (b) Visual navigation aids; (c) Weather data instruments; (d) Necessary fencing and access roadways to protect and service aeronautical installations; (e) Airport entrance roadways. For purposes of this zone classification, an "airport entrance roadway" is a roadway which is intended to provide vehicle access to uses permitted in the AS-I and AS-II zones. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

Section 12-23.04. Obstructions and hazards. No use may be permitted within this zone which would produce a bird attraction, such as farming or ponding of water. No substantial mounding of earth or growth of trees which may preclude use of the clear zone for emergency landing is permitted. No lighting which may be confusing to arriving pilots or growth or structure which may interfere with navigational signals is permitted. No object may penetrate the overlying approach slope as defined in Federal Aviation Regulation Part 77, Section 77.25. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84)

12-23-1 CHAPTER 12-24 AA AIRPORT APPROACH DISTRICT

Section 12-24.01. Regulations designated. The sections of this chapter constitute the AA (airport approach) district combining regulations. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87)

Section 12-24.02. Intent. (a) The AA airport approach zone combining regulations are established in order to minimize the hazard to safe landing and take-off of aircraft using the Santa Maria Public Airport by limiting the height of buildings, accessory structures and uses within the aerial approaches. The AA (airport approach) district shall be depicted on the zoning map by the letters "AA." (b) In any airport approach area subject to AA combining regulations, no structure shall be erected, moved, altered or reconstructed, nor shall any plant or tree be allowed to grow in such a manner that the height thereof, including all super-structures and appurtenances, will exceed the height limits imposed in this chapter. These height limits are necessary in order to reduce to a minimum the hazard to safe landing and take-off of aircraft using the airport. (Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87.1)

Section 12-24.03. Definitions. For the purpose of this chapter, the following terms are defined as follows: (a) "Airport elevation" means the highest point on the usable landing surface and is given as two hundred fifty- nine (259) feet above mean sea level. (b) "Airport reference point" means a fixed point at the approximate center of the airport takeoff and landing area and is given as the established airport elevation of two hundred fifty-eight (258) feet above mean sea level. (c) "Approach surface" means a surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of one thousand five hundred (1,500) feet for that end of a runway other than a utility runway with only visual approaches and sixteen thousand (16,000) feet for precision instrument runways. The approach surface extends for a horizontal distance of five thousand (5,000) feet at a slope of twenty (20) to one (1) for all utility and visual runways and ten thousand (10,000) feet at a slope of thirty-four (34) to one (1) for all nonprecision instrument runways other than utility and ten thousand (10,000) feet at a slope of fifty (50) to one (1) with an additional forty thousand (40,000) feet at a slope of forty (40) to one (1) for all precision instrument runways. (d) "Clear zone" means an area at ground level that begins at the end of each primary surface and extends with the width of each approach surface to terminate directly below each approach surface slope at the point or points where the slope reaches a height of fifty (50) feet above the elevation of the runway end or fifty (50) feet above the terrain at the outer extremity of the clear zone, whichever distance is shorter. (e) "Effective length of runway" means the length of the associated primary surface plus an extension at each end providing for runway safety areas as provided in Federal Aviation Administration Advisory Circular 150/5300-6 series. (f) "Effective width of runway" means the width of the associated existing or planned primary surface. (g) "Horizontal surface" means a horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. (1) The radius of each arc is: (A) Five thousand (5,000) feet for all runways designated as utility or visual; (B) Ten thousand (10,000) feet for all other runways. (2) The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a five thousand (5,000) foot arc is encompassed by tangents connecting two (2) adjacent ten thousand (10,000) foot arcs, the five thousand (5,000) foot arc shall be disregarded on the construction of the perimeter of the horizontal surface. (h) "Primary surface" means an imaginary surface longitudinally centered on the runway and extending two hundred (200) feet beyond each end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is five hundred (500) feet for visual runways having only visual approaches, one thousand (1,000) feet for a nonprecision instrument runway having a nonprecision instrument approach with visibility minimums as low as three-fourths (3/4) of a statute mile, and for precision instrument runways.

12-24-1 (i) "Transitional surface" means surfaces extending outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of seven (7) to one (1) from the sides of the primary surface and from the sides of the approach surfaces. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10- 87.2)

Section 12-24.04. Height limitations. No structure or object, including existing and proposed manmade objects and objects of natural growth, shall be erected, maintained or allowed to grow or exist in the airport approach district to a height in excess of the height limitation specified in this section for such area. Height limitations are heights above the airport elevation. The following height limitations are established: (a) Effective Width of Runway. No structure, tree or other obstruction is permitted within the effective width of runway, regardless of height, except approved instrument or visual landing systems. (b) Effective Length of Runway. No structure, tree or other obstruction is permitted within the effective length of runway, regardless of height, except approved instrument or visual landing systems. (c) Transition Area. The height to be determined within the boundaries of the transition area shall be at a ratio of seven (7) to one (1) commencing at the edge of the effective width of runway. (d) Horizontal Surface. No structure or obstruction shall be allowed in excess of one hundred fifty (150) feet above established airport elevation. (e) Runway Approach Area. The elevation, above the end of the primary surface for the runway, of the highest point of any structure or object within such runway approach surface directly above the primary surface for such object or structure. The inclined plane described herein is related to the glide ratio of planes landing or taking off from the runway. (Ord. 84-1077 § 1(Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87.3)

Section 12-24.05. Electrical and lighting interference. No use may be made of land within the airport approach district in such a manner as to create electrical interference with radio communications which may be established at the airport nor the use of lights within the zone, making it difficult for pilots to distinguish between airport lights and other lights, resulting in glare in the eyes of the pilots using the airport, impairing visibility in the vicinity of the airport, or otherwise endangering the landing, takeoff or maneuvering of aircraft. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87.4)

Section 12-24.06. Development: Standards. The following development standards are intended to meet the requirements as specified in the Santa Barbara County Airport Land Use Plan as prepared by the Santa Barbara County airport land use commission and adopted by the Santa Barbara County-Cities Area Planning Council. When development proposals located in the AA (airport approach district combining regulations) zoning district are considered for approval by the City, the following standards shall be applied whenever feasible: (a) When siting buildings, locate permanent structures and population as far away from the extended runway centerline as feasible. (b) Locate open areas, parking lots, etc., along the extended runway centerline. (c) Restrict uses with concentrations of persons greater than twenty-five (25) persons per acre. (d) Restrict uses that require the storage of concentrations of hazardous and toxic materials. Any use that requires the storage of more than ten (10) gallons of hazardous or toxic material shall submit a safety plan to the Fire Department for approval prior to issuance of any permits. (e) Prohibit the use of any materials which would cause sunlight to be reflected toward an aircraft on initial climb or final approach. (f) Prohibit any use that would generate smoke or attract large concentrations of birds or which may otherwise affect safe air navigation within the area. (g) Prohibit any use which would direct steady or flashing lights at aircraft during initial climb or final approach, other than FAA-approved navigational signal or visual approach slope indicator (VASI). (h) Prohibit any use which would generate electrical interference that may be detrimental to operation of aircraft or airport instrumentation. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87.5(part), (1-8))

Section 12-24.07. Development: Review. Projects located in the AA (airport approach district combining regulations) zoning district shall be submitted to the airport land use commission for review and comment prior to Planning Commission action, or prior to issuance

12-24-2 of any permits if the use is a permitted use not requiring Planning Commission action. Also, projects providing for construction of objects which will penetrate and imaginary surface extending outward and upward at a slope of one hundred (100) to one (1) to a horizontal distance of twenty thousand (20,000) feet measured from the nearest point on the nearest runway shall submit the proposed project to the Federal Aviation Administration for airspace analysis, as provided in Federal Aviation Regulations Part 77.17. (Ord. 84-1077 § 1 (Exhibit B) (B) (part), eff. 11/1/84: prior Code § 10-87.5 (part)) (See Figure 1 in Appendix)

12-24-3 CHAPTER 12-25 PD PLANNED DEVELOPMENT OVERLAY DISTRICT

Section 12-25.01. Regulations designated. The sections of this chapter constitute the regulations of the PD (planned development overlay) district. (Prior Code § 10-86)

Section 12-25.02. Intent. (a) The PD (planned development overlay) district is designed and intended to provide for the orderly development of land in conformance with the comprehensive land use element and other elements of the General Plan of the City by permitting a flexible design approach to the development of a total community environment equal to or better than that resulting from traditional lot by lot development. The district is designed and intended to accommodate various types of development such as neighborhood and district shopping centers, professional and administrative office complexes, multiple housing developments, single-family residential developments, commercial service centers and light industrial parks or any other use or combination of uses which can be made appropriately a part of a total planned development, in accordance with City General Plan and any applicable specific plan. (b) The requirements and procedures set in this chapter are designed and intended to be applied in such a manner as to provide maximum design flexibility to the property owner or developer, yet allow the City to retain control over design features and arrangements of uses within the project. The "PD" designation may combine with the various zones called out in the provisions of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.1)

Section 12-25.03. Permitted uses. (a) The following uses are permitted in PD districts, providing the use is permitted in the underlying zoning district, and subject to approval of the zoning administrator: (1) Single-family residences; (2) Change of uses of existing buildings; (3) Minor additions to existing buildings; (4) Additions to existing parking and/or landscape areas; (5) Accessory structures and uses; (6) Emergency shelters subject to compliance with all requirements set forth in Chapter 12-53 of this title. (b) Any use permitted in any of the following districts may be permitted in the PD district in accordance with the following regulations. The symbol "PD" shall be combined with the following district designations and land so designated may be used as follows: (1) PD/RA, PD/RSL-1, PD/R-1, PD/R-2 and PD/R-3 may permit residential uses, using as a guide the zoning regulations set forth in the underlying district, subject to provisions and limitations of the approved planned development permit. Densities are as established by the Land Use Element of the General Plan. (2) PD/CPO, PD/C-1, PD/C-2, PD/FS and PD/AS may permit commercial and office uses, using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved planned development permit. The Planning Commission, however, may modify or delete the side and rear yard setback requirements for development adjacent to an "R" district upon making the following findings: (A) That the modified or deleted setback will have no adverse effect on the adjacent property including, but not limited to, privacy, shadow patterns, lighting, noise and aesthetics; (B) That the modified or deleted setback will not be detrimental to the public welfare, nor injurious to property or improvements in the neighborhood; (C) That the modified or deleted setback will not create a violation of other sections of the Municipal Code including the Building and Fire Codes; (D) That the granting of a modified or deleted setback will result in a superior site design and provide additional landscaping in areas more visible to the public to offset the modified setback requirement. (3) PD/CM, PD/M-1 and PD/M-2 may permit limited industrial uses using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved planned development permit. The Planning Commission, however, may modify or delete the side and rear yard setback requirements for development adjacent to an "R" district upon making the following findings: (A) That the modified or deleted setback will have no adverse effect on the adjacent property including, but not limited to, privacy, shadow patterns, lighting, noise and aesthetics; (B) That the modified or deleted setback will not be detrimental to the public welfare, nor injurious to property or improvements in the neighborhood;

12-25-1 (C) That the modified or deleted setback will not create a violation of other sections of the Municipal Code including the Building and Fire Codes; (D) That the granting of a modified or deleted setback will result in a superior site design and provide additional landscaping in areas more visible to the public to offset the modified setback requirement. (4) "GENERAL-PD" may permit a combination of diverse but compatible uses which would be authorized by separate zoned districts. The "GENERAL-PD" allows for the functional and physical integration of uses, particularly in portions of the City where diversity already exists or should be fostered but where uniform standards of development should be applied to achieve compatibility; provided, however, that such a development shall be in accordance with the General Plan. (5) PD/C-1 and PD/C-2 may permit efficiency unit projects, using as a guide the zoning regulations set forth in the underlying district, subject to the regulations of Chapter 12-52 and the provisions and limitations of the planned development permit issued by the Planning Commission. (Ord. 2013-04, eff. 6/6/13; Ord. 2012-08, eff. 5/17/12; Ord. 93-8, Renumbered, 07/1/93, 12-25-03; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-86.2)

Section 12-25.04. Initiation. The adoption of a rezoning amendment to the zoning ordinance applying the provisions of this chapter to any property shall be initiated in the following manner: (a) Where the Planning Commission determines that the best interest of the community will be secured by application of PD district standards so that the highest and best quality development may be achieved in accordance with provisions of the adopted land use element of the City. (b) When a property owner or his designated agent files an application with the Community Development Department for rezoning, together with the required filing fee, as determined by resolution of the Council, and with a preliminary development plan as described in this chapter. Prior to increasing the fee for filing an application for a planned development, or adding a new fee, notice shall be given in conformity with Chapter 2-24 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.3)

Section 12-25.05. Development plan approval. The development plan process is established in order to promote orderly, attractive and harmonious development within those areas covered by a planned development overlay district. Any development proposal pursuant to the planned development overlay district and primary zoning designation shall be subject to first receiving approval of a development plan from the Planning Commission of the City as provided in this title. (Prior Code § 10-86.4)

Section 12-25.06. Permit application and hearing. For procedure on filing an application and setting the public hearing, see Sections 12-35.203 through 12-35.208. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.5)

Section 12-25.07. Findings. For the required findings, see Sections 12-35.206, 12-35.207 and 12-35.208. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.6)

Section 12-25.08. Effective date. For the effective date of the Planning Commission action, see Section 12-35.209. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.7)

Section 12-25.09. Appeals. For filing of appeals, see Section 12-35.211. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.8)

Section 12-25.10. Expiration and extension. For expiration and extension, see Section 12-35.212. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.9)

Section 12-25.11. Revocation. For revocation procedure, see Section 12-35.213. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.10)

12-25-2 Section 12-25.12. Modification or enlargement of structures. For procedure regarding modification or enlargement of structures, see Section 12-35.214. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.11)

Section 12-25.13. Preexisting development plans. Any approved development plans existing at the date of adoption of the ordinance from which this section derives shall continue to remain valid, until amended or expired, according to the regulations stated in this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-86.12)

12-25-3 CHAPTER 12-25A H HISTORIC OVERLAY DISTRICT

Section 12-25A.01. Intent. (a) The H (historic overlay) district is intended to encourage but not mandate the preservation of architecturally significant structures by permitting relaxed development standards such as parking requirements and setbacks in recognition of the preservation of architectural features, which are no longer commonly used in design practice and considered important to the social fabric of the community. The district is designed to accommodate various types of uses such as professional and administrative offices, home occupations, and limited light commercial activities (such as antique stores, hair dressers, barbershops, art galleries and studios, and bed and breakfast) and other uses, which are compatible with the structure and the adjacent neighborhood. (b) The requirements and procedures set out in this chapter are designed and intended to be applied in such a manner as to provide maximum design flexibility to the property owner, or developer, yet allow the City to encourage but not mandate design features that are consistent with the building's architecture and arrangement of uses within the project. The "H" designation may combine with the various zones called out in the provisions of this title. (Ord. 99-05)

Section 12-25A-02 Permitted uses. (a) The following uses are permitted in the H districts, providing the use is allowed in the underlying zoning district, and subject to approval of a planned development permit or a conditional use permit: (1) Single-family residences; (2) Change of use of existing buildings; (3) Minor additions to existing buildings; (4) Additions to existing parking or landscape areas; (5) Accessory structures and uses. (b) Any use permitted in any of the following districts may be permitted in the H district in accordance with the following regulations. The symbol "H" shall be combined with the following district designations and land so designated may be used as follows: (1) R-1/H, R-2/H and R-3/H may permit residential uses, using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved H zoning overlay district. Densities are as established by the land use element of the General Plan. (2) CPO/H, C-1/H and C-2/H may permit commercial and office uses, using as a guide the zoning regulations set forth in the underlying district, subject to the provisions and limitations of the approved H zoning overlay district. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.03. Initiation. The adoption of a rezoning amendment to the zoning ordinance applying the provisions of this chapter to any property shall be initiated in the following manner: (a) Where the Planning Commission determines that the best interest of the community will be secured by application of H district standards so that the highest and best quality development may be achieved in accordance with provisions of the adopted land use element of the City. (b) When the property owner or his designated agent files an application with the Community Development Department for rezoning, together with the required filing fee, as determined by resolution of the Council, and with a preliminary development plan as described in this chapter. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.04. Development plan approval: Required. The development plan process is required to allow a change in use or to establish a new use in order to promote orderly, attractive and harmonious development within those areas covered by historic overlay district. Any development proposal pursuant to the historic overlay district and primary zoning designation shall be subject to first receiving approval of a development plan from the Planning Commission of the City as provided in this title. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.05. Development plan approval: Purpose. The development plan process is established in order to promote orderly, attractive and harmonious development within those areas covered by the historic overlay district. Any development proposal pursuant to the historic overlay district and primary zoning designation shall be subject to first receiving approval of a development

12-25A-1 plan from the Planning Commission of the City as provided in this title. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.06. Development plan approval: Permit application and hearing. For the procedure on filing an application and setting the public hearing, see Sections 12-35.203 through 12- 35.208. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.07. Development plan approval: Findings. For the required findings, see Sections 12-35.206, 12-35.207 and 12-35.208. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.08. Development plan approval: Effective date. For the effective date of the Planning Commission action, see Section 12-35.209. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.09. Development plan approval: Appeals. For filing of appeals, see Section 12-35.211. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.10. Development plan approval: Expiration and extension. For expiration and extension, see Section 12-35.212. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.11. Development plan approval: Revocation. For revocation procedure, see Section 12-35.213. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.12. Modification or enlargement of structures. For the procedure regarding modification or enlargement of structures, see Section 12-35.214. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

Section 12-25A.13. Preexisting development plans. Any approved development plans existing at the date of adoption of the ordinance from which this section derives shall continue to remain valid, until amended or expired, according to the regulations stated in this title. (Ord. 91-17 § 1 Exhibit D (part), eff. 10/3/91)

12-25A-2 CHAPTER 12-26 INTRUSIONS INTO YARDS

Section 12-26.01. Official plan lines. Whenever an official plan line has been established for any street required, yards shall be measured from such line, and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line. (Prior Code § 10-89.1)

Section 12-26.02. Porches, outside stairways, patio covers, trellises. (a) Uncovered Intrusions: (1) Front and Rear Yards. In any district, open, uncovered, raised porches, landing places or outside enclosed stairways shall not exceed six feet (6’) into required front or rear yards. (2) Side Yard. In any district, open, uncovered, raised porches, landing places or outside enclosed stairways may project not closer than three feet (3') to any side lot line, except in the R-1 (single-family residential) district where such projections may not exceed one foot (1') into any required ten foot (10') side yard. Exception: Exterior unenclosed stairways shall meet side yard setbacks of the zoning district in which they are located. (b) Covered Intrusions: (1) Front Yard. Open, covered porches in the R-1 (single-family residential) district may project into the front yard not more than six feet (6') nor wider than twenty feet (20'). (2) Side Yard. (A) In residential developments with approved zero side yards, patio covers, open on three (3) sides, and trellises shall have a setback not less than five feet (5') from the side property line provided the structure is not higher than ten feet (10') nor longer than twenty feet (20'). (B) In the R-1 (single-family residential) district, patio covers open on three (3) sides and not exceeding ten feet (10’) in height, no larger than two hundred (200) square feet and no wider than twenty feet (20’) may be located in the required side yard provided that the vertical supports are five feet (5’) from the property line and that the eaves are a minimum of four feet (4’) from the property line. (3) Rear Yard. (A) In the RSL-1 (single-family small lot residential) district, patio covers, open on three (3) sides, shall have a setback not less than five feet (5’) from the rear property line provided the structure is not more than twenty feet (20’) wide. (B) In the R-1 (single-family residential) district, patio covers, open on three (3) sides, shall have a setback not less than five feet (5’) from the rear property line provided the structure is not more than twenty feet (20’) wide. (c) Trellises and Arbors. Open trellises and arbors, not exceeding eight feet (8’) in height and two hundred (200) sq. ft., may be located in the rear yard setback, adjacent to one side and/or rear property line(s) provided the setback for the trellis and/or arbor, including supports, is not less than three feet (3’) to the property line. (Ord. 2008- 15, eff. 9/4/08; Ord. 2005-04, eff. 5/19/05; Ord. 2000-18, eff. 12/5/00; Ord. No. 95-11, eff. 12/07/95; Ord. 88-6 § 1(E), eff. 6/2/88; Prior Code § 10-89.2)

Section 12-26.03. Architectural features. (a) Architectural features on the main building, such as cornices and eaves may extend a maximum of thirty inches (30") into a required yard. (b) One (1) fireplace, not exceeding eight feet (8') in width, may extend not more than thirty inches (30") into a required yard. (c) One bay window, not exceeding eight feet (8') in width, may extend a maximum of thirty inches (30") into a required yard. (Prior Code § 10-89.3) (Ord. 95-11, eff. 12/07/95)

12-26-1 CHAPTER 12-27 ACCESSORY STRUCTURES

Section 12-27.01. Accessory structures in residential zones. The following regulations apply to all accessory structures located in residential zoning districts: (a) Where an accessory structure is attached to the main building, it shall be made structurally a part of the main building and shall comply in all respects with requirements of this title applicable to the main building, except that accessory structures behind the main building may be connected to the main building by a trellis, a breezeway, or an unconditioned room, when the unconditioned room is less than four hundred (400) square feet, provided that the connecting structure meets the setback requirements of the main building and the accessory structure so connected is set back a minimum of three (3) feet from all property lines. (b) Detached accessory structures shall be located at least five (5) feet from any dwelling or structure on the same lot, and comply with all setback requirements of the zone within which the structure is located. Single-story accessory structures, however, when located behind the main building, may project into the interior side and rear yards, provided that all structures in the required rear yard do not cover more than twenty-five percent (25%) of the required rear yard, the accessory structure does not exceed nine (9) feet in height at the property line, and increase progressively to fourteen (14) feet in height at a point five (5) feet from the property line; however, the peak at the property line, and a detached accessory structure projecting into a rear yard adjacent to a public alley may be up to twenty (20) feet in height. (c) Any garage or carport with front entry on a street shall be set back a minimum of twenty (20) feet from the property line, except garages with roll-up doors may be set back a minimum of eighteen (18) feet from the property line adjacent to the street. (d) Swimming pools and spas shall be located a minimum of ten (10) feet behind the front property line and are not required to comply with other sections of this chapter. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 88-6 § 1(F), eff. 6/2/88; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-89.4) (Ord. 95-11, eff. 12/07/95)

Section 12-27.02. Fences, walls and hedges. It is unlawful for any person to construct, maintain, cause or permit the growth, construction or maintenance on his property of any fence, wall, hedge or other plantings forming a barrier serving the same purpose as a fence, or wall, except in conformance with the provisions of this section and other applicable sections of this title pertaining to fences, walls and hedges. (a) Height in Front Yards. Fences and walls shall not exceed a height of three (3) feet within any required front yard, except that fences and walls up to a maximum height of six (6) feet are permitted along the interior side lot lines and in the front yard, provided that the walls are set back ten (10) feet or more from the back of sidewalk or front property line and are no longer than one-third (1/3) of the parcel width, subject to the corner cutback requirements specified in Section 12-27.03. (1) Height in Front Yards in Neotraditional Neighborhoods. Fences and walls are prohibited within the public utility easement. Fencing shall not exceed a height of three (3) feet immediately behind the public utility easement, except that fences and walls up to a maximum height of six (6) feet are permitted along the interior side lot lines and in the front yard, provided that the walls are set back five (5) feet or more from the back sidewalk and are no longer than one-third (1/3) of the parcel width, subject to the corner cutback requirements specified in Section 12-27.03. (b) Height in Side Yards. Fences and walls erected within required side yards shall not exceed a height of six (6) feet, unless otherwise authorized by the zoning administrator. Height of fencing is subject to the corner cutback requirements specified in Section 12-27.03. In all zone districts except R-1 (Single-family Residential) and RSL-1 (Single-family Small Lot Residential District) street side yard fences on corner lots shall be setback a minimum of three feet behind the interior edge of the sidewalk. (1) Height in Side Yards in Neotraditional Neighborhoods. Fences and walls shall be located outside of the public utility easement and shall not exceed a height of six (6) feet, unless otherwise authorized by the zoning administrator. Height of fencing is subject to the corner cutback requirements specified in Section 12-27.03. (c) Rear Yards. Fences and walls erected within rear yards shall not exceed a height of six (6) feet, unless otherwise authorized by the zoning administrator. Height of fencing is subject to the corner cutback requirements specified in Section 12-27.03. (d) Hedges and Other Plantings. All height restrictions applying to fences or walls shall also apply to hedges or other plantings of natural growth within required front, side and rear yards and forming a barrier serving the same purpose as a fence or wall.

12-27-1 (e) Trellises and Arbors. Trellises and arbors, not exceeding nine (9) feet in height, may be located in the front yard provided that they do not conflict with the provisions of Section 12-27.03, that they are at least ten (10) feet from property lines and driveways, and that they are no wider than ten (10) feet. The width of the arbor shall be included as part of the one-third (1/3) property frontage limitation provided in Section 12-27.02(a). (f) Prohibited fences in all zoning districts: It shall be unlawful for any person within the City to place, build or erect a fence, railing, guard or barrier of any kind constructed with barbed wire, razor wire or similar sharp pointed materials in any zoning district, provided, however, this section shall not prohibit the use of such material when: (1) located in residential or non-residential districts on sites enclosing a municipal, institutional or government use; (2) located on site larger than one (1) acre used for agricultural or livestock purposes; (3) approved by the Zoning Administrator or by the Planning Commission through the conditional use permit process on any property based on evidence demonstrating a special need for safety or security purposes, and provided that such barbed wire, razor wire or other sharp pointed material is securely affixed to the top of a soundly constructed lawful fence or structure barrier which is at least six (6) feet in height. (Ord. 2010-05, eff. 8/19/10; Ord. 2006-13, eff. 10/2/06; Ord. 2005-04, eff. 5/19/05; Ord. 93-32, eff. 01/20/94; Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-89.5)

Section 12-27.03. Corner cutback requirements. No fence, wall, accessory structure, or landscape material shall be higher than three feet within the following sight distance triangles (see Figure 2 in Appendix): (a) Driveway/Alley. Within 10 feet of the intersection of the edge of driveway pavement and the property line along the alley. (b) Driveway/Sidewalk. Within 10 feet of the intersection of the edge of driveway pavement and the back of the sidewalk. (c) Intersecting Streets. Within 30 feet from the intersection of corner property lines adjacent to two intersecting streets. (Ord. 2005-04, eff. 5/19/05; Ord. 98-16, eff. 01/14/99; Ord. 88-6 § 1 (G), eff. 6/2/88; Ord. 85- 1109 § 1 (4), eff. 1/2/86; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-89.6)

12-27-2 CHAPTER 12-28 BUILDING SITES

Section 12-28.01. Building permit issuance: Improvements. No building permit shall be issued for any parcel of land unless the parcel meets the requirements of a building site, with full public improvements as defined and prescribed in this title, or unless adequate security to accomplish all the required improvements has been deposited with the City and approved by the Community Development Department and the City Attorney. The security shall specify that all improvements will be installed prior to occupancy. Exceptions: (a) Building permits may be issued for walls and fences on any parcel of land. (b) No improvement or security shall be required for the installation of walls and fences. (c) Where the cumulative value of all work done within any twelve (12) month period does not exceed one- half the valuation of the existing improvements, the applicant shall state the estimated total cost of the existing and proposed improvements; the amounts so stated shall be verified and approved by the Community Development Department. The Community Development Department may require an appraisal by a qualified appraiser at the applicant's sole cost. (d) Where a proposed development project, including but not limited to buildings, parking, landscaping and vehicular ways, comprises less than fifty percent (50%) of a single parcel which exceeds one (1) acre in overall dimension, then on-site public improvements shall be required only on or abutting the portion of the parcel proposed to be developed. This exemption may be disallowed by Planning Commission resolution when it is determined that the installation of the improvements are necessary for the orderly development of the area. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90 (part), (1--4))

Section 12-28.02. Minimum size. No parcel of land of less than six thousand (6,000) square feet, unless within a planned unit development approved by the City, shall be a building site, except as provided in Section 12-31.10 et seq. Any parcel of ground in excess of six thousand (6,000) square feet not lawfully subdivided shall be only one (1) building site provided that the provisions set out in Sections 12-27.03 and 12-27.04 are met. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90 (part))

Section 12-28.03. Frontage and improvements. To qualify as a building site, a parcel of land shall have frontage on a dedicated public street or an access easement to a dedicated public street acceptable to the City. The easement shall be at least twelve (12) feet wide to serve a single dwelling and twenty-four (24) feet wide to serve two (2) or more dwellings. Full public improvements, including streets, curbs, gutters, sidewalks, alleys, street trees, street lights, street signs and all utilities including but not limited to drainage, sewer and water shall be installed to the standards established and adopted by the City. Sidewalk shall not be required on the eastern side of Skyway Drive between its southern and northern intersections with Industrial Parkway, on Industrial Parkway, or on Aviation Way. Notwithstanding anything to the contrary in this section, nothing contained herein shall prohibit the imposition of a requirement to install a sidewalk as a condition of approval in granting a conditional use permit or planned development permit pursuant to Section 12-35-207. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90 (part)) (Ord. 98-17, eff. 01/14/99)

Section 12-28.04. Alleys. (a) Group dwellings and multifamily residential projects shall fully improve the alley abutting the site and shall fully improve the alley off-site (within existing easements) for twenty-five (25) linear feet for each newly constructed dwelling unit. In the event the property's abutting alley frontage has been completed by prior development, the alley frontage length shall be added to the off-site requirement. (b) Commercial and industrial development shall improve the entire alley abutting the site. In addition, the alley shall be improved off-site (within existing easements) for five (5) linear feet for each one hundred (100) square feet of new construction. In the event the property's abutting alley frontage has been completed by a prior development, the alley frontage length shall be added to the off-site requirement. (c) Exception: Alley improvements shall not be required for a single-family structure in an R-1 zoning district. (Ord. 85-1109 § 1 (3), eff. 1/2/86; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90 (part))

12-28-1 Section 12-28.05. Street and alley lights. Street and alley lights shall be installed to City standards when the building site has greater than the following public street or alley frontages:

Alleys 250 linear feet Residential 250 linear feet Commercial 100 linear feet Industrial 150 linear feet

When the building site does not meet the minimum frontage described above, a street and/or alley light fee shall be paid to the City as follows:

Dollar per Linear Foot of Frontage* All Alleys $ 7.50 Residential Streets 10.00 Commercial Streets 24.00 Industrial Streets 17.00

The Planning Commission may modify the street and alley light requirements when reviewing a conditional use permit or planned development permit if it makes written findings based on substantial evidence in light of the entire record of proceedings that the requirements would result in a unique hardship based on special circumstances applicable to the property. Revenues raised by payment of this fee shall be placed in a separate account. These revenues, and any interest earned on them, shall be used only to: (a) Pay for future cost of engineering, design, contract administration and other costs of construction of street and alley lighting, or to reimburse the City for street or alley lighting constructed with funds advanced from other sources; or (b) Reimburse developers who have been required or authorized to install supplemental street or alley lighting. The street and alley lighting fee shall be adjusted once yearly by resolution of the City Council* to reflect the increase or decrease of construction costs, on the basis of a factor recommended by the Director of Public Works, which factor shall be based on the McGraw Hill Engineering News Record Cost of Construction Index. Prior to adjusting the fee, notice shall be given in conformity with Section 2-24.101 et seq. of Title 2 of this Code. (Ord. 88- 22 § 2(A), eff. 1/5/89: Ord. 85-1093 § 1 (10), eff. 3/5/85) * Editor's Note: The current fee is set out in the Schedule of Fees and Charges appended to this Code. See "Street and alley light fee" in that schedule.

12-28-2 CHAPTER 12-28A CLEARING AND MAINTAINING VACANT BUILDING SITES

Section 12-28A.01. Demolition permit required. No building or structure shall be removed or demolished unless a demolition permit for each building or structure has first been obtained from the Community Development Department. (Ord. 93-32, eff. 01/20/94)

Section 12-28A.02. Conditions of demolition permit issuance. As a condition of issuing a demolition permit the property owner must agree in writing on a form provided by the Community Development Department, to comply with the following: (a) The sewer line shall be exposed and capped, at least two (2) feet inside the property line, by a State licensed plumbing contractor in conformance with State law. (b) Telephone, electrical, gas, water, and cable utility services shall be properly capped. Water and electrical service, however, may be provided to serve the landscaping on the site. (c) All tanks and related piping, either above or below grade, shall be removed along with all contaminated soil and the site cleared and certified by the County of Santa Barbara Environmental Health Department. (d) The site shall comply with the City of Santa Maria's standard erosion and dust control measures. (e) The site shall be graded to drain to a street or other approved drainage way so that water does not pond. (f) The grade difference between the public curb or sidewalk and the site shall not exceed one half (1/2) inch. (g) All fencing installed during the demolition shall be removed. The site shall be secured by installing chains and bollards across all driveways. The bollards shall be made of four (4) inch or greater pipe, six (6) feet in length, placed three (3) feet into the ground. The bollards shall be placed no greater than fifteen (15) feet apart and connected with chain or cable of three-eighths (3/8) inch or greater diameter. Reflectors shall be placed on the bollards and on the chain or cable at least every seven and a half (7 1/2) feet. Parking shall be prohibited on the site. Signs shall be posted on the property in accordance with Section 22658 of the Vehicle Code stating that parking is prohibited on the site. (h) The property shall be well maintained and in a weed free condition. The property shall be maintained free from debris, broken glass, and rubbish. (i) All signs and sign structures associated with the business or tenants previously occupying the building shall be removed. (j) All disturbed soil on the site shall be treated with soil binders or shall be hydroseeded to reduce wind blown soil. (k) Parkways and a ten (10) foot wide strip adjacent to the public right of way shall be landscaped on commercial and industrial property within the Entrada Specific Plan. The landscaping shall comply with the standards adopted in the City's Landscape Guidelines. (l) All light poles and standards associated with the business or tenants previously occupying the building shall be removed. (m) No signs shall be placed or erected on the site, except real estate signs as defined in Chapter 34, until a building permit or business license has been issued for a new structure or use on the site. (Ord. 93-32, eff. 01/20/94)

12-28A-1 CHAPTER 12-29 HOME OCCUPATIONS

Section 12-29.01. Intent. This chapter is intended to provide for those uses customarily conducted entirely within a dwelling and carried on by the inhabitant thereof, which is clearly incidental to the use of the dwelling and does not change the character thereof or does not adversely affect the uses permitted in the zone of which it is a part. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.1)

Section 12-29.02. Permitted. Home occupations, in accordance with the regulations contained herein, are permitted in the residential zoning districts within the City. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88)

Section 12-29.02.1. Vehicle, vessel repair prohibited. (a) It shall be unlawful to engage in vehicle or vessel repair, as defined in subsection (b), on residentially zoned property for compensation. (b) The following definitions shall govern administration and enforcement of this law: (1) "Compensation" means any and all consideration or amounts for labor performed, as defined in Civil Code Section 1605 and Labor Code Section 200, respectively, or their respective successor sections. (2) "Engage in vehicle or vessel repair" means servicing, assembling, disassembling, wrecking, modifying, restoring, spray painting, or otherwise working on any vehicle or vessel on property a person occupies, or allowing the same to occur by a resident of property a person owns, manages or occupies. (3) "Residentially zoned" means any property on which residential uses are permitted or conditional use under the Santa Maria Municipal Code. (4) "Vehicle" means a self-propelled device by which any person or property may be propelled, moved, or drawn upon a highway but does not include devices moved exclusively by human power. (5) "Vessel" includes every description of watercraft used or capable of being used as a means of transportation on water, but does not include the exceptions listed in Section 9840 of the California Vehicle Code, and any amendment thereto. (Ord. 92-10 § 3, eff. 7/7/92)

Section 12-29.03. Applicability of requirements. The requirements set out in this chapter apply to and are conditions of all home occupations within the City. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2 (part))

Section 12-29.04. Statement acknowledging requirements. Any business owner or operator operating in a residential zoning district shall sign and file a statement indicating his or her awareness of City regulations applicable to the operation of home occupations, and that owner/operator must also have a valid City business license. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(a))

Section 12-29.05. Employees. There shall be no employees in connection with the home occupation, within the home, other than members of the resident family. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(b))

Section 12-29.06. Traffic generation. The use shall not generate pedestrian or vehicular traffic beyond that normal to the district or neighborhood in which it is located. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(c))

Section 12-29.07. Customers, suppliers or employee visits. There shall be no customers, suppliers or employees, clients or patients coming to the home in connection with the home occupation, except for the following: (a) Music lessons as permitted by Section 12-6.04(g); and (b) School readiness testing and counseling activities for one (1) person at a time, when conducted solely by a resident of the home, as a secondary use, in compliance with all other requirements of this chapter and the Santa Maria Municipal Code. (Ord. 2005-04, eff. 5/19/05; Ord. 94-16, eff. 8/18/94; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(d))

12-29-1 Section 12-29.08. Sale of products. There shall be no sale of products on the premises. (Ord. 83-1065 § 1 (part), eff. 1/5/84:prior Code § 10-88.2(e))

Section 12-29.09. Deliveries by commercial vehicle. The use shall not involve the use of any commercial vehicle for the delivery of materials to or from the premises. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(f))

Section 12-29.10. Vehicles generally. Any vehicle used in connection with the home occupation shall not exceed a capacity of one (1) ton, and if the vehicle has signs painted on it or affixed thereto, or if it is loaded with equipment, the vehicle shall be stored in an enclosed garage or carport. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(g))

Section 12-29.11. Space used. No more than one (1) room in the dwelling shall be utilized for the home occupation. The garage must be kept clear for the parking of vehicles at all times, as required by Chapter 12-32 of this title. Accessory structures may not be used for the home occupation or for storage for the home occupation. (Ord. 90-1 § 2 (part), eff. 3/8/90: Ord. 83- 1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(h))

Section 12-29.12. Outdoor storage or display. There shall be no outdoor storage or display in connection with any home occupation. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(i))

Section 12-29.13. Appearance of residence. In no way shall the appearance of the dwelling or accessory building be so altered or the conduct of the occupation within the dwelling be such that the dwelling or accessory building may be recognized as serving a nonresidential use (either by color, materials, construction, signs, lighting, sounds, vibration, etc.). (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(j))

Section 12-29.14. Signs. No signs shall be displayed and there shall be no advertising using the home address, with the exception of necessary advertising in the telephone directory. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(k))

Section 12-29.15. Utility and public facility use. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes as defined in the district. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-88.2(l))

12-29-2 CHAPTER 12-29A LARGE FAMILY DAY CARE HOMES IN SINGLE-FAMILY RESIDENCES

Section 12-29A.01. Intent. This chapter is intended to provide for large family day care homes when located on property occupied by a single-family residence and which are clearly incidental to the use of the dwelling and do not change the character thereof or adversely affect the uses permitted in the zone of which it is a part. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.02. Permitted. Large family day care homes, in accordance with the regulations contained herein, are permitted on property occupied by a single-family residence within the City. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.03. Applicability of requirements. The requirements set out in this chapter apply to all large family day care homes within the City. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.04. Statement acknowledging requirements. Each large family day care home provider in the City shall sign and file a statement indicating his or her awareness of City regulations applicable to the operation of large family day care homes. The provider shall file with the Community Development Department a copy of his or her current state license to operate a large family day care home. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.05. Parking requirements. Parking spaces are to be provided as set forth in Chapter 12-32 of this title for single-family residences. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.06. Operators and employees. The provider operating the large family day care home must live in the home. Additional caregivers, required under the State Health and Safety Code, need not live in the home. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.07. Noise. Activities in the home must comply with the noise regulations contained in Chapter 5-5 of this Code. All play areas shall be located behind a solid wall or fence separating the area from neighboring residences. (Ord. 91-23 § 2 (part), eff. 10/31/91)

Section 12-29A.08. Code compliance. The provider shall comply with all other provisions of this title applicable to single-family dwellings, including without limitation those related to signs and landscaping. (Ord. 91-23 § 2 (part), eff. 10/31/91)

12-29A-1 CHAPTER 12-29B COTTAGE FOOD OPERATIONS

Section 12-29B.01. Intent. This chapter is intended to implement State law permitting cottage food operations when located in a private home, and authorizing cities to impose specified, additional zoning regulations on these uses. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.02. Permitted. Cottage food operations, in accordance with the regulations contained herein, are permitted in private homes. These regulations are in addition to the standards applicable to other uses permitted in the zoning district where such private homes are located and non-zoning requirements of the Municipal Code, including but not limited to those in Titles 4 and 5. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.03. Definitions. For the purposes of this chapter, the following definitions shall apply: (a) “Cottage food employee” means an individual, paid or volunteer, who is involved in the preparation, packaging, handling, and storage of a cottage food product, or otherwise works for the cottage food operation. An employee does not include an immediate family member or household member of the cottage food operator. (b) “Cottage food operation” means an enterprise as set forth in Subdivision (a) of Section 113758 of the Health and Safety Code. (c) “Cottage food operator” means an individual who operates a cottage food business in his or her private home and is the owner of the cottage food operation. (d) “Cottage food products” means nonpotentially hazardous foods, including foods that are described in Section 114365.5 of the Health and Safety Code and that are prepared for sale in the kitchen of a cottage food operation. (e) “Direct sales” means a transaction between a cottage food operator and a consumer, where the consumer purchases cottage food products made by the cottage food operation. Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, certified farmer’s markets, and transactions occurring in person at the private home where the cottage food operation conducts business. (e) “Private home” means a dwelling, including an apartment or other leased space, where individuals reside. A private home may be located in a residential or nonresidential zone if it is legally established or legally nonconforming. A “private home” does not include any dwelling that is illegal to use for residential living purposes. (f) “Registered or permitted area” means the portion of a private home’s kitchen used for the preparation, packaging, storage, or handling of cottage food products and related ingredients or equipment, or both, and attached rooms within the home that are used exclusively for storage. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.04. County Environmental Health Services approval. As required by State law, no cottage food operation shall be allowed to operate without first registering and/or obtaining approval from the Environmental Health Services Division of the Santa Barbara County Public Health Department as a Class A or Class B cottage food operation. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.05. Employees. As required by State law, no more than one full-time equivalent cottage food employee, not including an immediate family member or household member(s) of the cottage food operator, shall be employed by the cottage food operation. (Ord. 2014-04, eff. 8/14/2014)

Section 12-29B.06. Traffic Control, Parking and Noise Control Measures. In order to prevent the operation from creating situations or impacts related to traffic, parking and noise, beyond that which is normal, expected, and consistent with the general welfare in a residential area, a cottage food operation shall comply with the following criteria: (a) Direct sales occurring from the private home, and deliveries or loading/unloading activities, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. daily. (b) No more than 20 employee, consumer or delivery vehicle trips in the neighborhood that are related to the operation may be generated in a 24-hour period.

12-29B-1 (c) Any vehicles associated with the operation, including but not limited to deliveries and customer vehicles, shall park in legal parking spaces and shall not impede vehicular or pedestrian traffic or block a driveway or sidewalk. (d) There shall be no on-site consumption of products other than small samples. (e) There shall be no outdoor storage or display in conjunction with any cottage food operation. (Ord. 2014- 04, eff. 8/14/2014)

Section 12-29B.07. Space used. As required by State law, only the kitchen and attached room(s) inside the private home that have been registered or permitted with the Environmental Health Services Division of the Santa Barbara County Public Health Department shall be used for the operation, including storage, of the business. An unattached garage or accessory structures shall not be used for the cottage food operation, including storage. (Ord. 2014-04, eff. 8/14/2014)

12-29B-2 CHAPTER 12-30 MOVING BUILDINGS

Section 12-30.01. Purpose. The sections of this chapter establish regulations pertaining to the moving of buildings into and within the City in order to promote orderly development. This chapter shall not apply to manufactured homes or mobilehomes as defined by Section 18000 et seq. of the California Health and Safety Code. (Ord. 2012-13, eff. 9/3/12; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90A)

Section 12-30.02. Procedure for moving buildings. In all cases where a building having a gross floor area of more than two hundred (200) square feet is to be moved into the City and established on a parcel of land within the City, or is to be moved from place to place within the City, that is from one parcel of land to another parcel of land within the City, an administrative use permit therefore shall be required prior to removing the building from its existing foundation. It is unlawful for any person to move a building(s) into the City, or from place to place within the City without first obtaining a use permit for a building(s) move. (a) For an administrative use permit for moving building(s), the destination site of the building to be moved is considered the project site for purposes of this chapter and for the application of growth mitigation fees. (b) The zoning administrator shall be authorized to approve, conditionally approve, modify or deny administrative use permits for moving building(s) pursuant to the provisions of this chapter. (c) Prior to removing the building from its existing foundation, an administrative use permit application shall be submitted to the Community Development Department for review and action by the zoning administrator. (d) Application shall be made by the property owners of the project site and the origination site, or authorized agent, upon forms provided by the Community Development Department. The application shall provide the materials necessary to allow the zoning administrator to determine the project’s conformance with the provisions of this Chapter, and to allow the zoning administrator to approve, conditionally approve, modify or deny the moving of a building(s) pursuant to the provisions of Section 12-35.207 (a) through (f) of this Title. The application materials shall include: (1) A summary report of the inspection conducted by the building official or designee of the building(s) to be moved, to assure compliance to applicable building Codes; (2) Plans of building(s) and proposed modifications including a plot plan showing the proposed location of the building(s) on the new lot and all proposed improvements such as: additional structures to be built, setbacks, landscaping, open space, driveways and any other improvements proposed to assure compatibility with adjacent land uses; (3) Photographs of the building(s) (interior and exterior) and the proposed; (4) A fungus and dry-rot report issued by a licensed inspector based on an inspection made within thirty (30) days of the application for the permit. (5) Plans and details necessary to document the building’s conformance to architectural and aesthetic standards as specified by any applicable specific plan and as specified by the zone district in which the building is to be located; (6) Plans and details necessary to document the building’s architectural compatibility with the neighborhood in which the building is to be located; (7) Plans and details necessary to document the compatibility of the building’s quality of building materials and workmanship to other buildings in the vicinity. (8) Plans depicting the proposed final condition of the origination site after the removal of the building, if the origination site is within the City. (9) A Lot Book Report showing the current ownership for the building’s origination property and a Title Report showing the current ownership for the project site. (e) The Community Development Department shall charge and collect a zoning administrator use permit application filing fee for moving a building(s). (f) The zoning administrator shall review the application for completeness. Once the application is determined to be complete, a zoning administrator public hearing will be scheduled within thirty (30) calendar days. (g) Notice of the time and place of the zoning administrator public hearing shall be given as follows: (1) The notice shall include an address or general description of the project site and the origination site. The notice shall include a description of the proposed building relocation, including the building’s origination site, proposed route of travel, and project site. (2) The notice shall be given at least ten (10) calendar days before the public hearing.

12-30-1 (3) All notices shall be given by publication once in a newspaper of general circulation published and circulated in the City of Santa Maria, by posting of the property with the hearing notice, and by first-class mail to all owners of record of properties located within three hundred (300) feet of the project site, and to all owners of record of properties located within three hundred (300) feet of the origination site of the building. Any interested persons may appear at such public hearing and shall be heard. (h) The zoning administrator shall hold a public hearing on the administrative use permit for a building(s) move. The zoning administrator may approve, conditionally approve, modify or deny an administrative use permit for moving a building(s) based upon the findings of Section 12-35.207 and this chapter. Notice of the zoning administrator action shall be mailed to the applicant and other person who has requested notice. (i) The effective date of the approved, conditionally approved, modified or denied administrative use permit for moving a building(s) shall be in accordance with Section 12-35.209. (j) An approved or conditionally approved administrative use permit for moving a building(s) shall be subject to the expiration, extension, revocation, and modification provisions of Section 12-35.200A. (Ord. 2012-13, eff. 9/3/12; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90A.1 (part))

Section 12-30.03. Permit conditions and other requirements. The zoning administrator, in reviewing an administrative use permit for moving a building(s) into or from place to place within the City, shall place conditions on the application to assure that the project meets all applicable general use permit conditions pursuant to the provisions of Section 12-35.208, the provisions of this chapter, and such other provisions as necessary for the zoning administrator to make the findings required pursuant to the provisions of Section 12-35.207. The zoning administrator shall also find that the project will comply with the following requirements: (a) Security and a legally binding agreement, in a form acceptable to the zoning administrator and the City Attorney, shall be deposited with the City to guarantee completion of the project within a period of time specified by the zoning administrator. Amount of the security shall be approved by the zoning administrator, and shall be based on a licensed contractor’s estimate to complete the move and any other requirement of the conditions of approval. If the origination site is within the City, the amount of the security shall be sufficient to also guarantee the origination site shall be brought into conformance with the applicable provisions of Section 12-28A.02 prior to completion of the building(s) moved. The security shall be released by the City to the applicant following satisfactory completion of the building(s) moved in compliance with applicable zoning ordinances, building codes and conditions of approval of the administrative use permit. Upon written request by the applicant to the zoning administrator, the Community Development Department may authorize the release of a portion of the performance security upon the departments' acceptance of the satisfactory completion of a part of the improvements as the work progresses. In no case, however, shall the security be reduced to less than ten percent (10%) of the total improvement security given for the faithful performance. The amount of reduction of the security shall be determined by the Community Development Department, but in no event shall the Community Development Department authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this title, or the conditions of the administrative use permit; and (b) Maintain public liability insurance to protect against loss from liability for damages on account of bodily injuries, including death, and to protect against loss for liability or damages to any property caused directly or indirectly by the moving of the building. Such insurance policy shall be issued by a corporation authorized to engage in the insurance business in the state and shall be maintained in full force and for the duration of the project. The amount of liability insurance shall be based on consultation with the City’s risk manager and approved by the zoning administrator, for adequate coverage. The provisions of this subsection shall not be construed as limiting in any way the extent to which the permittee may be held responsible for the payment of damages; and (c) Deposit with the City a certificate of insurance coverage in the amounts set forth in subsection (b) of this section. Such certificate shall provide that the insurance thereby represented will not be canceled, reduced or allowed to expire unless written notice shall be sent to the City at least thirty (30) days in advance of any such cancellation, reduction, or expiration, and shall name the City as an additional insured. All such insurance certificates shall be submitted to the City Attorney for approval before acceptance by the City. (Ord. 2012-13, eff. 9/3/12; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-90A.1(e))

Section 12-30.04. Appeals. Any and all persons aggrieved by an action of the zoning administrator taken pursuant to the provisions of this Chapter may file an appeal from the action or part thereof; provided, that such appeal shall be in writing stating

12-30-2 the reasons for the appeal and filed with the secretary of the Planning Commission within not more than fourteen (14) days following the action taken. (Ord. 2012-13, eff. 9/3/12)

12-30-3 CHAPTER 12-31 NONCONFORMING USES, STRUCTURES, LOTS AND PARKING

Section 12-31.01. Intent and purpose. It is the intent and purpose of this chapter to declare uses, structures and lots legally existing on the effective date of these regulations which are not in conformance with the regulations of this title to be nonconforming. Nonconforming uses, structures, parking and lots are detrimental to the purposes of this title and are to be brought to or toward conformity as rapidly as possible in order to protect the public health, safety and general welfare. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-92)

Section 12-31.02. Definitions. As used in this chapter: (a) "Nonconforming lot" means a lot created lawfully and existing on the effective date of this zoning regulation and existing since that time in nonconformance with this zoning regulation. (b) "Nonconforming parking" exists where a parcel of land does not have sufficient parking to meet the requirements of the zoning regulations. (c) "Nonconforming structure" means a lawful structure existing on the effective date of this zoning regulation and existing since that time in nonconformance with this zoning regulation. A nonconforming structure may be nonconforming due to the following: (1) Building setbacks and building height; (2) Building type inconsistent with the Uniform Building Code as adopted and amended by Title 9 of this Code; (3) Building determined unsafe according to the Uniform Building Code as adopted and amended by Title 9 of this Code. (d) "Nonconforming use" means a lawful use existing on the effective date of this zoning regulation and continuing since that time in nonconformance with the regulations. This would include residential uses exceeding the density requirements of the underlying zoning district. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-93)

Section 12-31.03. Nonconforming uses: Continuance. Nonconforming uses may continue in operation on the same land area and on the same floor area and/or land area as occupied on the effective date of these regulations provided that the degree of nonconformity is not increased. The land area or floor area of the structures shall not be increased except to the extent that the increase is used solely to bring the use or property closer or into conformance with these regulations, as determined by the Planning Commission. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-93.2)

Section 12-31.04. Nonconforming uses: Changing. A nonconforming use may be changed to a conforming use. Once changed to a conforming use, however, the use may not change back to a nonconforming. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-94.1)

Section 12-31.05. Nonconforming uses: Termination. A nonconforming use shall be terminated as a result of any one (1) of the following actions, and once terminated shall not be reestablished. (a) Termination of Use. The use shall be considered terminated if the nonconforming use is discontinued for a period of six (6) months. (b) Removal, Razing or Remodeling of Structure. The right to operate and maintain a nonconforming use shall terminate when the structure or structures housing such use are removed or razed to the extent that the cost thereof (in the value of the razed or removed portions) are equal to fifty (50) percent or more of the structure's fair market value. Remodeling is permitted provided the use is not expanded and provided the nonconforming use is not hazardous to the general public welfare as determined by the Planning Commission. (c) Destruction or Damage of Structure. A structure which contains a nonconforming use which is damaged or destroyed may be rebuilt and the use reestablished provided that the structure and use is located on the same site, and is not enlarged or intensified. (d) Failure to Comply With Performance Standards. The right to operate and maintain nonconforming uses in the industrial zones shall terminate if the use is not made to comply with the performance standards within three (3) years of the effective date of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-94.2)

12-31-1 Section 12-31.06. Nonconforming structures: Continuance. Nonconforming structures may continue except for structures which are classified unsound by the building Code. Such structures which are damaged or destroyed may be rebuilt provided that the structure or use is located on the same site, is not enlarged or intensified and complies with the current Uniform Building Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-94.3)

Section 12-31.07. Nonconforming structures: Modification. (a) A nonconforming structure may not be moved in whole or in part to any other portion of the lot unless the relocation brings the structure into conformance with the provisions of the zoning regulations. (b) A nonconforming structure shall not be added to, modified or enlarged unless the structure, including the addition, is made to conform in every respect with the provisions of the zoning regulations. (c) Exceptions: (1) Noncompliance with required side yards and height requirements: If the building is nonconforming because of noncompliance with required height or yard requirements, then additions, modification and enlargements can be made provided such additions, modifications or enlargements comply in every respect to the provisions of the zoning regulations. (2) In the residential zoning district, a single-family dwelling unit which is nonconforming because of side yards may expand, provided that the side yard setback of the addition is equal to or greater than the existing side yard and in no case less than three (3) feet. Any proposed addition may encroach into the existing non-conforming side yard setback a maximum of fifty percent (50%) of the square footage of the existing building encroachment into the existing non-conforming side yard setback. Second stories, and those above, must be setback a minimum of five (5) feet from the side property line. (3) Modification to nonconforming structures may be made to ensure public safety as per the Uniform Building Code. (4) In the R-2 and R-3 residential zoning districts, one or more additional attached dwelling units may be added to existing nonconforming dwelling units which are nonconforming because of side yards, provided that the side yard setback of the new units is equal to or greater than the existing side yard and in no case less than three (3) feet, and the new units are architecturally consistent with the existing units. Any proposed addition may encroach into the existing non-conforming side yard setback a maximum of fifty percent (50%) of the square footage of the existing building encroachment into the existing non-conforming side yard setback. Second stories, and those above, must be set back a minimum of five (5) feet from the side property line. (Ord. 2005-04, eff. 5/19/05; Ord. 90-22 § 3, eff. 10/18/90; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-94.4)

Section 12-31.08. Nonconforming parking: Continuance. (a) Nonconforming parking can continue on any parcel as long as the uses on the land do not expand, intensify or enlarge and so long as the structures on the parcel are not modified or enlarged in such a way as to require additional parking under Chapter 12-32 of this title. (b) For the purpose of this section, "intensify" means a change in use or expansion of use of the property in such a way as to require additional parking in accordance with Chapter 12-32 of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-94.5)

Section 12-31.09. Nonconforming parking: Modification. The erection or expansion of any building or structure or the intensification of any use on the parcel requiring additional parking spaces in accordance with Chapter 12-32 of this title shall not be permitted unless parking is provided for all the existing and proposed uses of the property as required by Chapter 12-32 of this title. (Ord. 83- 1065 § 1 (part), 1/5/84; prior Code § 10-94.6)

Section 12-31.10. Nonconforming lots: Continuing use. The uses and structures permitted in the zone shall be permitted on nonconforming lots, subject to all other property development standards of the zone. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-95)

Section 12-31.11. Nonconforming lots: Setbacks. (a) Where lots in a block have been improved with buildings so that fifty (50) percent or more of the frontage of that block has been developed, the minimum setback required in front yards and corner side yards shall be the average of the improved lots if less than the requirements set forth in this title.

12-31-2 (b) Exception: Corner site distance visibility shall be maintained consistent with Section 12-27.03. (Ord. 83- 1065 § 1 (part), eff. 1/5/84: prior Code § 10-95.1)

Section 12-31.12. Nonconforming lots: Narrow lots. On any parcel of land with an average width of less than sixty (60) feet, which parcel is under one (1) ownership or is shown as a lot on any subdivision map filed in the office of the county recorder, the width of each side yard may be reduced to ten (10) percent of the width of such parcel but in no case less than three (3) feet. On a corner lot, however, the side yard adjacent to the street may not be less than ten (10) feet. Exception: The aforementioned provision does not apply to properties with a Planned Development permit that identifies setbacks. (Ord. 2005-04, eff. 5/19/05; Ord. 86-32 § 7, eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-95.2)

Section 12-31.13. Nonconforming lots: Consolidation. Where a nonconforming lot or lots have been combined to constitute a single building site by having erected thereon a building or required accessory building or parking area, at least a portion of which has extended across the common lot line or lines between such lots, such action shall have consolidated such lots as one building site. The building site may not be divided so as to create an additional building site unless that site meets the requirements established by this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-96)

Section 12-31.14. Nonconforming public utilities. Nothing in these regulations pertaining to nonconforming structures and uses shall be construed or applied so as to require the termination, discontinuance or removal of nonconforming public utility structures and equipment, or so as to prevent the modernization, replacement, repair, maintenance, alteration, reconstruction, or rebuilding of public utility distribution stations, building, structures, uses, equipment and facilities. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-96.1)

12-31-3 CHAPTER 12-32 OFF-STREET PARKING AND LOADING

Section 12-32.01. Applicability. The provisions of this chapter apply within all zoning districts and to all uses and structures within the City. At the time of the erection of any building and/or structure listed in this chapter or at the time any such building and/or structure that requires additional parking spaces is constructed or intensified in use, enlarged or increased in capacity, the minimum off-street parking spaces set forth in Section 12-32.03, with provisions for adequate and usable ingress and egress, shall thereafter be maintained in connection with such building and/or structure and use of land. (Prior Code § 10-117)

Section 12-32.02. Units of measurement. (a) Fractional Remainders. When the unit of measurement determining the number of required parking spaces results in the requirement of a fractional space, any fraction of 0.5 spaces or more is considered as a whole space and any fraction of 0.4 or less is dropped as a whole space. (b) Seating Capacity. When the unit of measurement determining the number of required parking spaces is based upon the seating capacity of a structure or use, each twenty-four (24) inches of pew, bench or other seating shall count as one (1) seat. (c) Gross Floor Area. When the unit of measurement determining the number of required parking spaces is based upon gross floor area, such area shall be calculated as defined in Section 12-2.68. (d) Employees. When the unit of measurement determining the number of required parking spaces is based on the number of employees, the maximum shift or employment period during which the greatest number of employees are present at the structure or use shall be used in the computation. (Ord. 86-32 § 8(A), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; Ord. 2003-11, eff. 7/4/03)

Section 12-32.03. Off-street parking spaces required. Off-street parking spaces are required as follows: (a) Residential. (1) Dwelling, single-family: (A) New construction of single-family residential dwellings shall provide two (2) off-street parking spaces within a garage or carport, except that the City Council may waive the requirement for a garage or carport for subdivisions participating in an affordable housing program approved by the City, and where pre-engineered, uniform carport and garage designs are approved through a planned development permit. Projects receiving such a waiver are required to provide two (2) uncovered off-street parking spaces for each dwelling. Off-street parking spaces within a garage or carport shall be a minimum of nine and one-half (91/2) feet by twenty (20) feet; except that single-car garages and carports with side walls shall be eleven (11) feet by twenty (20) feet. These spaces shall be free and clear of any appliances, structures or material which could make the space unusable for the parking of automobiles. (B) Single-family residential units which existed or were under construction prior to October 22, 1976 and where additional living area is added after October 22, 1976 shall provide two (2) off-street parking spaces, one (1) of which must be within a garage or carport and one (1) of which must be on a flat, paved pad accessible directly from the driveway or the public way and located behind the setback line. The requirement of this paragraph for existing structures shall not apply when additions are made to the unit that do not constitute an increase in living area. This section in no case will prohibit the addition of living area to a single-family residence when there is no accessible space available for the required additional parking space, subject to all other provisions of the zoning regulations being complied with. (2) Dwelling, two (2) family, or multi-family dwellings shall provide two (2) spaces per unit, one (1) of which shall be covered. (3) Condominium developments require two (2) covered parking spaces per dwelling unit, plus one (1) guest parking space for each two (2) dwelling units. The guest parking spaces shall be distributed throughout the development at locations approved by the Community Development Department. (4) Mobile home parks shall provide two (2) spaces per unit, plus one (1) guest space for each four (4) mobile home sites in the park. (5) Senior citizen housing units: (A) Where the square footage per unit does not exceed six hundred (600) square feet, shall provide one (1) space for each three (3) units, plus one (1) space per each staff member.

12-32-1 (B) Units exceeding six hundred (600) square feet shall provide one (1) space per dwelling unit, plus one (1) space per each staff member. (6) Parking spaces required for boardinghouses. (A) One (1) covered parking space is required per habitable room as determined by the Building Official. For the purpose of this section, bathrooms and kitchens are not habitable rooms. (7) Parking spaces required for residential single room occupancy facilities. (A) One (1) uncovered parking space for every four units; with a minimum of one (1) parking space per project site. (b) Quasi-public. (1) Auditoriums, assembly halls, community centers, churches, clubs or lodges shall provide one (1) space for each five (5) permanently located seats or one (1) space for each thirty-six (36) square feet of floor area in the assembly room or rooms. (2) Theater(s) with less than two hundred (200) total seats shall provide one (1) space for each three (3) seats. (3) Theater(s) with two hundred (200) or more total seats shall provide one (1) space for each five (5) seats. (c) Office. (1) Banks, savings and loans and stock brokerage offices shall provide one (1) space for each two hundred sixty (260) square feet of gross floor area. (2) Medical and dental offices shall provide one (1) space for each one hundred eighty-five (185) square feet of gross floor area. (3) Office buildings shall provide one (1) space for each two hundred sixty (260) square feet of gross floor area. (d) Commercial. (1) Ambulance services shall provide one (1) space for each emergency vehicle plus one (1) space for each two (2) attendants/drivers. (2) Animal hospitals and kennels shall provide one (1) space for each five hundred-twenty (520) square feet of gross floor area. (3) Automobile and boat sales establishments and automobile car washes shall provide one (1) space for each three hundred-ten (310) square feet of floor area, exclusive of mechanical service areas, plus one (1) space per three thousand one hundred twenty (3,120) square feet of outdoor sales or display area, plus three (3) spaces per service bay. (4) Automobile service stations and auto repair shops shall provide three (3) spaces for each lubrication stall, service rack or pit, and service bay. A service bay is defined as a work area for the purpose of lubricating, servicing and repairing vehicles and accessible to vehicles with a maximum dimension typically of twenty-four (24) feet by fifteen (15) feet in width. (5) Beauty shops, regardless of the number of workstations, shall provide one (1) parking space per one hundred eighty five (185) square feet of gross floor area. (6) Commercial uses (not otherwise provided for in this section) shall provide one (1) space for each two hundred sixty (260) square feet of gross floor area. (7) Machinery rental, sales stores (excluding motor vehicle rental or sales), appliance, carpet, and furniture stores: (A) Machinery rental or sales stores (excluding motor vehicle rental or sales) and similar establishments which handle only bulky merchandise (including but not limited to bulk goods, building equipment and supplies, landscape material and equipment) shall provide one (1) space for each five hundred twenty (520) square feet of gross floor area. Floor area within a storage room or loading dock that is used exclusively for storage or loading shall provide one (1) space per one thousand forty (1,040) square feet. One (1) space for each three thousand one hundred twenty (3,120) square feet of outdoor sales, display or service area shall be provided. (B) Appliance, carpet, and furniture stores shall provide one (1) space for each seven hundred eighty (780) square feet of gross floor area. Floor area within a storage room or loading dock that is used exclusively for storage or loading shall provide parking based on one (1) space per one thousand forty (1,040) square feet of gross floor area. (8) Hospitals shall provide one (1) space for each bed plus one (1) space for each employee or staff member.

12-32-2 (9) Convalescent hospitals, rest homes, nursing homes, and facilities for the care of seven (7) or more non- related persons shall provide one (1) space for each three (3) beds, plus one (1) space for each employee or staff member. (10) Hotels and motels shall provide (1) space for each guestroom which opens to a public way or corridor, yard or court, plus one (1) additional space for each ten (10) rooms, plus two (2) spaces for each dwelling unit. (11) Market, food and beverage sales establishments shall provide one (1) space for each two hundred sixty (260) square feet of gross sales floor area. (12) Miniwarehouses shall provide one (1) space for each ten (10) storage cubicles equally distributed throughout the storage area. Five (5) spaces to be located in close proximity to the project office for the use of prospective clients; two (2) covered spaces are required for an on-site manager's dwelling unit. (13) Mortuaries shall provide one (1) space for each permanently located seat or one (1) space for each forty-six (46) square feet of floor area in the assembly room or rooms. (14) Nursery schools shall provide one (1) space for each staff member plus one (1) space for each five (5) children. (15) Open-air sales (nurseries, motorcycle sales, etc.), shall provide one (1) space for each one thousand forty (1,040) square feet of site area devoted to public sales or display. (16) Shopping centers: (A) Shopping centers with more than forty thousand (40,000) square feet shall provide one (1) space for each two hundred sixty (260) square feet of gross floor area, provided that restaurants occupy no more than twenty percent (20%) of the total gross floor area of the center and offices for physical health care services occupy no more than twenty percent (20%) of the total gross floor area of the center. (B) In the event that restaurants or offices for health care services occupy more than twenty percent (20%) of the total gross floor area, the gross floor area in excess of twenty percent (20%) shall provide parking at the rate of one (1) space for each one hundred fifty five (155) square feet. (C) Where shopping centers contain more than one (1) parcel, reciprocal parking and access agreements must be recorded for all properties. (17) Vocational Training Schools which teach office, medical, dental, clerical, computer, reporting, or other similar skills to students sixteen (16) years and older, shall provide one (1) space for each faculty member or employee and one (1) space for each two (2) students based on the busiest time of the day. The number of parking spaces required may be reduced if the school provides a bus service acceptable to the Community Development Department. (18) Businesses with video viewing booths shall provide one (1) space for each one hundred five (105) square feet of gross floor area used to access or place video viewing booths. For the purpose of this section, video viewing booths means a room or area which includes one (1) or more movie viewers, television sets, or other video devices, the operation or use of which is permitted, controlled, or made possible by the deposit or placement of any coin, plate, disk, slug, or key into any slot, or other opening, or by the payment of any fees. (19) Convenience stores which sell alcoholic beverages and prepared food intended to be consumed on site or in the vicinity of the store, shall provide one (1) space for each two hundred ten (210) square feet of gross floor area. For the purpose of this section, prepared food means hot dogs, hamburgers, slices of pizza, deli sandwiches, tacos, burritos and similar convenience foods. (e) Restaurants. (1) Restaurants, cafes, nightclubs, bars and cocktail lounges with seats or tables, shall provide a minimum of one (1) space for each sixty five (65) square feet of floor area used for tables and chairs and one (1) space for each thirty two (32) square feet used for dancing or entertainment plus one (1) space for each two hundred sixty (260) square feet of remaining gross floor areas. (2) Food businesses with or without seats or tables and which provide a single accessory food item such as donuts, ice cream, or yogurt, and do not provide a delivery service or a drive-thru window, shall provide a minimum of one (1) space for each two hundred sixty (260) square feet of gross floor area. (3) Restaurants or food businesses with drive-up (car hop service), drive-thru windows or delivery service shall provide a minimum of ten (10) spaces plus one (1) space for every one hundred five (105) square feet over one thousand (1,000) square feet of gross floor area. Restaurants with drive-up windows may be given parking credit at the rate of one-half (1/2) space for every twenty-four (24) linear feet of drive-up lane, not to exceed a credit of three (3) spaces. (f) Manufacturing. (1) Laboratories and research establishments shall provide one (1) space for each three hundred ten (310) square feet of gross floor area, but not less than one (1) space for each employee.

12-32-3 (2) Manufacturing and processing establishments shall provide one (1) space for each five hundred twenty (520) square feet of gross floor area. (g) Wholesale. (1) Warehousing establishments shall provide one (1) space for each one thousand forty (1,040) square feet of gross floor area, but not less than one (1) space for each employee. (2) Wholesale business establishments shall provide one (1) space for each five hundred twenty (520) square feet of gross floor area. (Ord. 2006-13, eff. 10/21/2006; Ord. 2005-04, eff. 5/19/05; Ord. 2003-11 eff. 7/3/03; Ord. 98-16, eff. 01/14/99; Ord. 95-8, eff. 08/17/95; Ord. 93-32, eff. 01/20/94; Ord. 93-8, Renumbered, 07/1/93, 12-32-03; Ord. 90-22 § 2, eff. 10/18/90; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1(H), eff. 6/2/88; Ord. 86-32 § 8(B), (D), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-119)

Section 12-32.04. Off-street loading requirements. Off-street loading requirements are as follows: (a) Multifamily Structures. Multifamily dwelling complexes which do not have adequate street or alley frontage shall provide off-street loading spaces having a minimum width of twelve (12) feet and a minimum length of thirty (30) feet exclusive of necessary ingress and egress. The number and location of such loading spaces shall be designated on the development plans and approved by the zoning administrator. (b) Nonresidential. (1) All nonresidential structures containing more than twenty-five thousand (25,000) square feet of gross floor area shall provide one (1) off-street loading space. Developments with fifty thousand (50,000) to one hundred thousand (100,000) square feet shall provide two (2) loading zones. For each additional one hundred thousand (100,000) square feet or major fraction thereof, over one hundred thousand (100,000) square feet, one (1) additional space shall be provided. Each such space shall have a minimum dimension of twelve (12) feet wide and thirty (30) feet long exclusive of necessary area for maneuvering, ingress and egress. The space shall have no overhead obstructions lower than fourteen (14) feet above the grade of the loading space. (2) The required loading space may be within the building if the zoning administrator determines that there is adequate access and maneuvering space into a building containing an overhead door with dimensions a minimum of ten (10) feet wide and fourteen (14) feet high. The interior of that building shall contain an area a minimum of twelve (12) feet wide and thirty (30) feet long for such loading. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-120)

Section 12-32.05. General requirements. The general provisions set out in Sections 12-32.06 through 12-32.17 apply to all off-street parking and loading requirements of all uses and structures within the City. (Prior Code § 10-121 (part))

Section 12-32.06. Unspecified uses. Where the parking requirement for a use is not specifically defined, the parking requirements shall be determined by the zoning administrator and such determination shall be based upon the requirement for the most comparable use specified in this chapter. (Prior Code § 10-121(a))

Section 12-32.07. Change of size or use. Whenever any building or structure is enlarged or increased in capacity by adding floor area, seats or other measurable units thereto, or at such time as a different usage is applied thereto which usage requires more parking spaces as required in Section 12-32.03, then and at that time the parking requirements of Section 12-32.03 shall be redetermined and any new and additional parking and loading requirements shall apply. (Prior Code § 10-121(c))

Section 12-32.07A. Exceptions to Section 12-32-07. Offstreet Parking Requirements, Change of Size or Use. Commercial uses such as restaurants, retail businesses, and offices may be intensified and may be enlarged without complying with the required off-street parking requirements provided the following provision are met: (a) The property must be located in the “original” four square miles of the City, defined as that within an area bounded by Blosser Road to the west, Donovan Road to the north, Stowell Road to the south, and US 101 to the east. Properties fronting on either side of Blosser Road south of Donovan Road north of Stowell Road, fronting on either side of Donovan Road east of Blosser Road and west of US 101, and on either side of Stowell Road west of US 101 and east of Blosser Road, shall be included.

12-32-4 (b) The property must be within the CPO (Commercial Professional Office), C-1 (Central Business) or C-2 (General Commercial) zoning districts. (c) The net lot area (not including public rights-of-way) as of January 1, 2000, must be less than twenty thousand (20,000) square feet. (d) The expansion area exempted per this section must not exceed fifty percent (50%) of the floor area in existence as of January 1, 2000, based on City and County records. (e) Commercial uses that are intensified and/or enlarged shall not include dancing, entertainment or other uses requiring more parking than one (1) space per sixty-five (65) square feet. (f) The area of the building addition shall not intrude into an area that is used or could be used to provide parking to comply or partially comply with the required number of off-street parking spaces, Section 12-32.03. (g) For lots fronting Broadway or Main Street, the area of the lot located between the building and the front property line (not to exceed fifteen (15) feet) shall be landscaped in accordance with Chapter 12-44, per the Entrada Specific Plan. (h) The area of the lot located between the parking lot and the front property line, if any (not to exceed ten (10) feet), shall be landscaped in accordance with Section 12-44. This provision shall not require the removal of existing improved off-street parking spaces. (i) Where a commercial use is intensified without complying with the required off-street parking requirements, four (4) of the following improvements must be met. Where existing building area is expanded, five (5) of the following improvements must be met. (1) Window boxes containing live plant materials shall be installed and maintained on windows facing the public street(s) and parking lot. The window boxes need not exceed a total six (6) linear feet. (2) Potted plants, minimum thirty (30) inches in diameter, containing live plant material shall be placed and maintained in front of the building facing the public street(s). The number of pots needs to be at least two (2), but need not exceed four (4). (3) Canvas awnings shall be installed consistent with the Entrada Specific Plan. The length of awning need not exceed six (6) feet. (4) The total building shall be painted earth tone colors consistent with the Entrada Specific Plan. (5) Security lighting shall be installed and maintained as recommended by the Police Department. (6) No vending machines shall be installed outside of the building, on the public right-of-way or visible from the public right-of-way. (7) Decorative benches and/or tables shall be installed and maintained on private property, or with the approval of an encroachment permit from the City or Caltrans, within the public right-of-way (sidewalk). (Ord. 2007-07, eff. 7/5/07; Ord. 2005-04, eff. 5/19/05; Ord. 2001-21, eff. 12/19/01)

Section 12-32.08. Misuse of required area. The required parking or loading area shall not be used for the storage of goods or for the storage of vehicles that are inoperable or for sale or rent. (Prior Code § 10-121(g))

Section 12-32.08A. Residential storage of vehicles. The storage of operative or inoperative vehicles, and auto parts, accessory to a residential use for the purposes of maintaining a personal collection, or for personal repair, alteration, restoration or painting for hobby or other personal use is limited to two vehicles when stored in the rear or side yard, with a maximum storage area of 300 square feet. Such storage may be located only where it is not in public view. Storage of such vehicles within an approved enclosed accessory building is not subject to limitation on the number of vehicles. (Ord. 2005-04, eff. 5/19/05)

Section 12-32.09. Conversion of existing covered spaces. Required parking spaces may not be encroached upon or converted to any other use unless the space or spaces being encroached upon or converted are replaced by parking spaces approved by the zoning administrator. (Ord. 90- 1 § 2 (part), eff. 3/8/90: prior Code § 10-121(n))

Section 12-32.10. Covered and obstructed spaces. (a) Each required covered space in a garage or carport shall have an interior dimension of nine and one-half feet (9-1/2) by twenty feet (20); except, that single car garages and carports with side walls between spaces shall be eleven feet (11) by twenty feet (20). These spaces shall be free and clear of any appliances or other structure.

12-32-5 (b) If a building, a block wall or other obstruction is adjacent to the side of a parking space, the space shall be a minimum of ten (10) feet in width for standard spaces and eight and one-half (8-1/2) feet in width for compact spaces. (Ord. 85-1093 § 1 (9), 3/5/85; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-121(e, i))

Section 12-32.11. Compact spaces. Compact parking spaces measuring a minimum of eight feet (8’) by seventeen feet (17’) can only be installed as excess parking after the minimum required parking has been installed on the site. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-121(o)) (Ord. 95-11, eff. 12/07/95, Ord. 2003-11, eff. 7/4/03)

Section 12-32.12. Tandem spaces. Tandem parking spaces will not be acceptable as required spaces for residential uses except in the RMH (Residential Mobile Home) District or in existing non-conforming mobile home parks in other zoning districts. A tandem parking space is a parking space so located that it is necessary to move one (1) or more other vehicles in order to allow the vehicle occupying the tandem spaces to gain access to or from the space. (Prior Code § 10-121(f); Amended Ord. 2003-14, eff. 9/4/03)

Section 12-32.13. Garage opening setback. The minimum distance permitted between a garage opening and a building or structure in direct line with the driveway edge closest to that building or structure is twenty-five (25) feet. This distance shall be measured perpendicular from the face of the garage along the driveway edge closest to the building or structure, see Section 12-32.23. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-121(p))

Section 12-32.14. Location on same lot. Except as provided in Sections 12-32.23 and 12-32.24, all off-street parking spaces for all office and commercial uses shall be located upon the same lot as the use for which such parking is provided or if approved by the zoning administrator, within three hundred (300) feet from the boundary thereof. (Prior Code § 10-121(b))

Section 12-32.15. Curbing and striping. (a) All landscaped areas which are located within or adjacent to parking or vehicular traffic areas shall be protected from vehicular traffic by the installation of standard concrete curbing. (b) Parking spaces shall be marked by double striping. Raised four inch (4") disks placed not more than eighteen inches (18") on-center may be used in lieu of painted stripes, provided the rows of disks are spaced in accordance with the requirements for painted stripes. (Prior Code § 10-121(h, m)) (Ord. 95-11, eff. 12/07/95)

Section 12-32.16. Access and maneuvering space. (a) Space for turning around must be provided for parking areas of three (3) or more spaces, so that no cars need back into the street. Exception: This requirement shall not apply to properties developed and used as a single family residence. (b) Driveways providing two-way circulation to office, commercial and industrial uses shall have a minimum width as follows: (1) Twelve (12) feet when serving one (1) to and including seven (7) parking spaces; (2) Twenty-four (24) feet when serving eight (8) or more parking spaces. (c) Driveways providing two-way circulation to residential uses shall have a minimum width as follows: (1) Ten (10) feet when serving one (1) to and including seven (7) parking spaces; (2) Twenty (20) feet when serving eight (8) or more parking spaces; (3) The Planning Commission may require wider driveways where the driveway length or number of spaces is determined by the Planning Commission to cause poor circulation. (d) Driveways serving any number of parking spaces with one-way traffic shall have a minimum width of twelve (12) feet. Parking lots with one-way driveways shall provide an entrance and an exit, and each entrance and exit shall be clearly identified. (e) Wider driveways may be required by provisions of the Uniform Fire Code, as amended by City ordinance. (Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-121(j, k, l))

Section 12-32.17. Valet parking. The Planning Commission shall determine the acceptability of valet parking for commercial uses in fulfilling the requirements of this chapter. (Prior Code § 10-121(d))

12-32-6

Section 12-32.18. Design and construction. (a) Except as otherwise provided, all parking and loading areas shall be designed and constructed in conformance with the standards contained in Sections 12-32.25 and 12-23.26. (b) All exposed parking and loading areas and their driveway approaches shall be constructed with an asphaltic or concrete surface, shall be graded and paved in such a manner as to ensure that all surface waters will drain into a public street, alley, storm drain or retention basin, and shall be maintained in a clean and orderly manner and kept in good repair. (c) All site plans for public parking and loading areas must be approved by the Community Development Department for compliance with City standards. (Prior Code § 10-122)

Section 12-32.19. Landscaping. In all districts, excluding the R-1 district, all open parking areas shall be landscaped except those areas specifically used for vehicle parking. Landscaping shall include trees, shrubbery and ground cover. The landscape areas shall be provided with permanent sprinkler systems. Landscaping plans for commercial parking areas shall be approved by the zoning administrator. (a) All areas not specifically used for vehicle parking or access shall be landscaped with trees, shrubbery and living ground cover. (b) Parking shall be provided at the side or rear of the proposed structures when practicable. Parking lots fronting streets shall be landscaped to soften the visual impact of the parking lot from the street. (c) Carports shall be located behind or to the side of multidwelling complexes where practical. Carport areas shall be screened from view of streets and highways by landscaping or fencing.

Typical Parking Lot Landscaping (See Figure 3 in Appendix.)

Section 12-32.20. Lighting. All lighting used to illuminate off-street parking areas shall be approved by the zoning administrator for conformance with City standards and the lighting shall be directed away from residential properties and public streets in such a manner as not to create a public or private nuisance, or safety hazard. (Prior Code § 10-123(b))

Section 12-32.21. Mixed uses. In the case of mixed uses for one building, structure or parcel of land, the off-street parking shall comply with Chapter 49 (Mixed Use) of this Title. (Ord. 2005-04, eff. 5/19/05; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-124(a))

Section 12-32.22. Consolidated and shared parking. (a) The consolidation of the required parking area for several uses into one (1) central parking area located within two hundred (200) feet of any use may be substituted for individual parking areas, in which case the number of parking spaces required shall be the sum total of the individual requirements; provided, however, that where it is found by the Planning Commission upon application of a conditional use permit therefor, that the parking demand generated by the different uses included within any consolidated arrangement, to provide the parking stalls required in this chapter, occurs at distinctly different times, as in the case of one (1) or more uses operating at different hours, the Planning Commission may reduce the total number of parking stalls to be jointly provided by the consolidation. (b) For single-family, two (2) family and multifamily dwellings, the parking spaces required in this chapter shall be provided on the same site as the main building. (c) Existing structures within the boundaries of the Central Redevelopment Project -- California NDPA-1-2 may intensify their use without providing additional parking spaces provided that the structures comply with the following requirements: (1) The building must be within two hundred feet (200) of a City or redevelopment agency parking lot; (2) No increase in floor area is permitted unless on-site parking is provided in accordance with Section 12- 32.01. However, buildings existing on the south side of the 100 and 200 blocks of West Main Street as of May 4, 1988, which are located on parcels with undeveloped property to the south, adjacent to the public alley proposed to be changed to a pedestrian walkway and which do not have improved parking with access on a public street may be enlarged under the following conditions:

12-32-7 (A) The conditions specified in Section 12-32.22 (c) (3) requiring a conditional use permit are satisfied, (B) The expansion is consistent with the redevelopment program established by the redevelopment agency of the City of Santa Maria, (C) A ten (10) foot setback is provided from the southerly property line (architectural features may project into the setback area), (D) The expansion does not exceed an area equal to ninety percent (90%) of the undeveloped property existing to the south of the building, excluding the required setback. At the time the pedestrian walkway is constructed, the area behind the buildings described above shall be used for the loading and unloading of merchandise only or for building expansion as specified above; (3) A conditional use permit or planned development permit is approved by the Planning Commission. The Planning Commission, in approving the permit, must determine that the change in use is compatible with, and will not create significant adverse effects on surrounding uses. The permit shall be consistent and compatible with the adopted Westside Revitalization Plan. (Ord. 88-11 § 1, eff. 6-21-88; Ord. 85-1109 § 9, eff. 1/2/86; Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-124(b, c))

Section 12-32.23. Layout and stall size. All parking areas shall conform to the following designs and specifications (See Figures 4, 5, 6 & 7 in Appendix.): 12-32.08

Dimension (see diagram) Standard Size Car Compact Cars (min.)*

Parking Angle (A) 0°* 30°* 45°* 60°* 90°* 0°* 30°* 45°* 60°* 90°* Stall width (B) 9’ 9’ 9’ 9’ 9’** Stall length (C) 24’ 20’ 19’ 19’ 19’ 19’ Aisle width (D)† 12’ 12’ 13’ 18’ 25’ 20’ Stall to curb (E) 9’ 17’ 20’ 21’ 19’ Curb to curb (F) --- 46’ 53’ 60’ 63’ Curb length (G) 24’ 18’ 13’ 10.5’ 9”

** Increase width one (1) foot if adjacent to a solid barrier. (Carports ten (10) feet minimum.) † Minimum twenty-four (24) feet for two (2) way traffic (Ord. 86-32 § 8(C), eff. 2/19/87; prior Code § 10- 25.1)(Ord. 95-11, eff. 12/07/95, Ord. 2003-11, eff. 7/4/03)

Section 12-32.24. Wheel stop locations. Front overhang clearance (If the front overhang clearance is over a planter area enclosed by concrete curbs, the stall length requirement may be reduced by the length of the clearance.): Rear overhang clearance (See figure 5 in Appendix). (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 125.2)

Section 12-32.25. Driveway exits. A ramped driveway exit rising up to a public sidewalk must have a transition section that is almost level (maximum slope, five percent (5%)) before intersecting the sidewalk to prevent the hood of the car from obscuring the driver's view of pedestrians on the sidewalk. This transition should be sixteen (16) feet long. (Prior Code § 10- 126.1)

Section 12-32.26. Ramp slopes. The maximum ramp slope shall be twenty percent (20%). For slopes over ten percent (10%), a transition at least eight (8) feet long shall be provided at each end of the ramp at one-half (1/2) of the slope of the ramp itself. (Prior Code § 10-126.2)

Section 12-32.27. Parking in front yard setback and/or street side yard setback prohibited. (a) No landowner, tenant, vehicle owner, vehicle operator or property manager shall park, or allow to be parked, any vehicle, as defined by the California Vehicle Code, in the front yard setback or corner side yard setback of a property with a residential use except on a driveway with paving, or upon another area with paving or behind a solid fence or wall a minimum of six (6) feet in height. No more than fifty percent (50%) of the area and fifty percent (50%) of the frontage of the existing front yard setback or corner side yard setback may be paved or used for

12-32-8 such parking. Vehicles shall not be parked on any parkway, or private or public sidewalk, or any public easement established and used for landscape or pedestrian purposes. (b) Chapter 12-31 of this title regarding nonconforming uses, structures, lots and parking is inapplicable to this section. (c) The violation of this section is an infraction as set forth in Section 1-6.01 of this Code. (d) The establishment or maintenance of parking spaces within the required front yard setback and/or the street side yard setback on a corner lot in order to meet Municipal Code parking requirements is prohibited. (Ord. 2005- 04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 85-1109 § 1 (7), eff. 1/2/86)

12-32-9 CHAPTER 12-33 COMMERCIAL AND INDUSTRIAL PERFORMANCE STANDARDS

Section 12-33.100A. Article 1. General Provisions

Section 12-33.101. Intent and purpose. It is the intent and purpose of this chapter to prescribe performance, design and landscaping standards for commercial and industrial districts in order to enhance the quality of the environment for the mutual benefit of all persons and uses both within and around the zoned areas. (Prior Code § 10-97)

Section 12-33.200A. Article 2. Commercial Districts

Section 12-33.201. Applicability. The performance standards set out in this article apply to all uses established within the CPO, CC, C-1, C-2 and FS districts. Determinations of degree of compliance shall be made by the zoning administrator. (Prior Code § 10- 98.1 (part))

Section 12-33.202. Exterior design requirements. (a) All exterior wall elevations of buildings facing on streets are to have architectural treatment. No building surface fronting on a street shall be a flat, void surface, without architectural treatment. (b) All roof-mounted mechanical equipment or duct work which projects vertically more than one and one-half (1-1/2) feet above the roof or roof parapet is to be screened by an enclosure which is detailed consistently with the building design. (Prior Code § 10-98.1(a))

Section 12-33.203. Landscape design: Generally. (a) Use of Artificial Materials. The use of artificial trees, flowers, bushes or vines as fulfillment or partial fulfillment of the landscape provisions is prohibited. Artificial landscape material is defined as any man-made decoration consisting of plastics, paper, processed wood or any synthetic material. (b) Sprinkler Systems. Sprinkler systems shall be provided for all landscape areas, except as approved by the zoning administrator. (c) Concrete curbs shall be placed around landscaped areas. (Prior Code § 10-98.1(b)(1))

Section 12-33.204. Front yard. Areas utilized for parking, storage, or loading when located in the front yard shall be screened, modulated or integrated from view of access streets, freeways, or adjacent properties. This may be accomplished by employing any combination of the following techniques: (a) Lineal masses or shrubs. This method requires use of shrubs that will achieve a height of four (4) to six (6) feet within three (3) years. Minimum size of five (5) gallons is required. (b) Lineal or group masses or major scale trees. This method requires use of trees that will ultimately provide foliage that is visible above the roofline from within the total site. (c) Lineal or group masses of smaller scale trees. This method requires uses of trees that will ultimately provide foliage or shade patterns on either horizontal or vertical planes. (d) Earth mounding and landscaping with ground cover and lineal masses of shrubs. (Prior Code § 10- 98.1(b)(2))

Section 12-33.205. Side and rear yard. Landscaping in these areas shall consist of the following: (a) Trees shall be planted adjacent to structures where possible to provide visual relief, to soften and aid in balancing architectural elements of design. For each side and rear exterior elevation where trees can be provided the quantity shall be equal to one (1) tree for each thirty (30) feet of exterior wall length. Minimum size of plant material shall be fifteen (15) gallons. (b) All unpaved areas shall be landscaped with trees, shrubs or ground cover. (c) Undeveloped areas proposed for future expansion shall be kept in a weed-free condition. Such areas may be planted with appropriate ornamentals, to include ground cover, shrubs and/or trees. (Prior Code § 10-98.1(b)(3))

12-33-1 Section 12-33.206. Loading areas. Loading areas when required by this title or proposed by a developer shall be designed or so located as not to be visible from adjacent streets. (Prior Code § 10-98.1(c))

Section 12-33.207. Refuse collection areas. (a) All outdoor refuse collection areas shall be visually screened from access streets and adjacent properties by a complete opaque screen. (b) No refuse collection areas shall be permitted within the front yard setback area or front building setback area. (Prior Code § 10-98.1(d))

Section 12-33.208. Parking. (a) The parking requirements as set forth in this section are as prescribed by present City standards. The landscaping requirements for parking lots are intended to screen and soften the visual exposure of bleak asphalt and cars, and to create continuity between parking facilities and the businesses served. (b) The typical parking lot landscaping (Figure 4, following page) shall serve as a guide in the development of parking lot landscape design. (1) All areas not specifically used for vehicle parking or access shall be landscaped with trees, shrubbery and ground cover. Trees at least equal in number to one (1) per each twelve (12) parking stalls or fraction thereof shall be provided in all parking areas. Minimum size shall be fifteen (15) gallons. (2) Parking shall be provided at the side or rear of the proposed structures when practicable. (3) Parking requirements, i.e., number of spaces, size and configuration, shall be provided per City standards. (4) Landscape plans for commercial parking areas shall be approved by the zoning administrator. (Prior Code § 10-98.1(e))

Section 12-33.209. Signs. It is recognized that every business needs good identification to serve the public effectively. The intent of these provisions is to stipulate general design criteria which call for a designed sign program that relates to the total sign, thus creating better visual effects and continuity in signing, which in turn will protect each business investment by assuring to the maximum degree possible the most effective identification of each business in accord with its individual site and architectural design. (a) Signs visible from the exterior of any building shall be designed to maintain a consistent continuity and harmony with the architecture and design of the proposed development. An overall sign program for each shop or use within the proposed development shall be shown on elevations of the building to be constructed. Such signs shall be in conformity with sign standards for the zone in which the facility is to be constructed. (b) Signs shall be included as an integral part of the building design. Signs shall be secondary to the architecture of the building and shall avoid dominating the site or overwhelming the building. (Prior Code § 10- 98.1(f)(1))

Section 12-33.210. Lighting. (a) Parking lot lighting fixtures are to be shown on the site plan. Their design shall be compatible with architecture to be used in the proposed development. (b) Walkway light fixtures are to be in scale with the overall design concept of the project. (Prior Code § 10- 98.1(f)(2))

Section 12-33.211. Outdoor storage. (a) All exterior storage areas and service yards, loading docks and ramps, electrical cage enclosures or storage tanks, are to be screened from view from the access streets, freeways and adjacent properties by a fence, wall or mature landscape material. (b) All outdoor storage shall be visually screened from access streets, freeways and adjacent properties. The screening shall form a complete opaque screen up to a point eight (8) feet in vertical height, but need not be opaque above that point. The outdoor storage shall be meant to include all company-owned or company-leased and company-operated motor vehicles, with the exception of passenger vehicles. (c) No outdoor storage shall be permitted within the front yard or the front yard setback area. (Prior Code § 10- 98.1(f)(3))

12-33-2 Section 12-33.300A. Article 3. Industrial Districts

Section 12-33.301. Applicability. The performance standards set out in this article apply to all uses established within the CM, M-1 and M-2 zones. Determination of acceptable compliance shall be made by the zoning administrator. (Prior Code § 10-98.2 (part))

Section 12-33.302. Air pollution. Any activity, operation or device which causes, or tends to cause, the release of air contaminants into the atmosphere shall comply with the rules and regulations of the county air pollution control district. (Prior Code § 10- 98.2(a))

Section 12-33.303. Odors. The odors released from any operation or activity shall not exceed detectable concentrations beyond lot lines, measured at any location on the lot lines. (Prior Code § 10-98.2(b))

Section 12-33.304. Particulate matter. The outdoor storage of materials susceptible to releasing wind-borne dust across lot lines is prohibited. All roads within a lot or parcel shall be hard-surface paved. Fugitive sources of dust shall be sealed or controlled to minimize or eliminate such dust release. (Prior Code § 10-98.2(c))

Section 12-33.305. Liquid and solid wastes. No discharge at any point into any public sewer, private sewerage disposal system or stream, or into the ground, of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewerage treatment or otherwise cause the perpetuation, increase or dissemination of dangerous or offensive elements, shall be permitted, except in accord with standards approved by the California Department of Public Health or such other governmental agency as has jurisdiction of such activities. (Prior Code § 10-98.2(d))

Section 12-33.306. Noise. Industrial uses shall comply with noise standards as adopted by the City. (Prior Code § 10-98.2(e))

Section 12-33.307. Glare. (a) No activity shall be permitted which causes light or glare to be transmitted or reflected in such concentrated quantities as to be detrimental or harmful to the use of surrounding properties or streets. Any operation or activity producing glare shall be conducted or shielded so as not to cause illumination in residential districts in excess of five-tenths (0.5) foot-candle. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance in residential districts. (b) Illumination levels shall be measured with a photoelectron photometer having a spectral response similar to that of the human eye, following the standard spectral luminous efficiency curve adopted by the International Commission of Illumination. (Prior Code § 10-98.2(f))

Section 12-33.308. Fire and explosive hazards. The use or storage of flammable or explosive materials shall at all times comply with the fire prevention Code adopted by the City, and all other applicable ordinances and regulations. (Prior Code § 10-98.2(g))

Section 12-33.309. Fissionable materials, radioactivity or electrical disturbance. No activities shall be permitted which release fissionable or radioactive material into the atmosphere, the ground or sewerage systems, and no activity shall be permitted which emits electrical disturbance affecting the operation at any point of any equipment other than that of the creator of such disturbance. (Prior Code § 10-98.2(h))

Section 12-33.310. Vehicular traffic generation. The type and volume of vehicular traffic ingressing or egressing the proposed uses may be evaluated by the zoning administrator. Such determination may be used to distinguish the acceptability/unacceptability of certain uses in certain industrial zones. (Prior Code § 10-98.2(i))

12-33-3 CHAPTER 12-34 SIGNS

Section 12-34.01. Purpose. The purpose of this Chapter is to regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. (Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

Section 12-34.02 Objectives. Signs can have either a positive or negative impact on the character and quality of the City. As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and set the tone of a neighborhood and the City. The objectives of this Chapter include the following: (a) To implement the City’s community design and safety standards as set forth in the City’s General Plan, specific plans, and Municipal Code. (b) To maintain and enhance the City’s appearance by regulating the design, character, location, number, type, size, illumination, and maintenance of signs. (c) To serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists, and other visitors, by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage. (d) To generally limit commercial signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public. (e) To limit the size, number, and construction of signs to levels that reasonably allow for the free communication of ideas, consistent with the other purposes of this ordinance. (f) To encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted and conditional uses applied to the subject property. (g) To establish sizes of signs in relationship to the scale of the lot and building on which the signs are to be placed or to which they pertain. (h) To minimize the possible adverse effects of signs on nearby public and private property, including streets, sidewalks, roads, and highways. (i) To protect and improve pedestrian and vehicular safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload the mental capacity to quickly receive and interpret information. (j) To reduce hazardous situations, confusion, and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, and area and bulk of signs which compete for the attention of pedestrians and motorists. (k) To respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other non-communicative aspects of signs, generally for the public health, safety, and welfare, and specifically to serve the public interests in community aesthetics, traffic, and pedestrian safety. (l) To enable the fair, consistent, and effective enforcement of the sign regulations of the City. (Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

Section 12-34.03. Definitions. (a) Balloon or Blimp: An airtight bag, possibly rigid or semi-rigid, which will rise and float above the earth when filled with hot air or gas. (b) Banner: A type of temporary sign made of paper, cloth, plastic or similar material held in place by string, cable or rope, not using an independent structure for support. (b1) Bow/Feather Sign: Any variety of fabric signs as shown in Illustration A, commonly called but not limited to bow, feather, tear drop, etc. that display a message, supported by a horizontal or vertical pole of various lengths. (c) Bulletin Board: A permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals. (d) Building Face: The exterior surface of any building, regardless of frontage. (e) Building Street Frontage: The building elevations facing a street, plaza or mall. Where the building contains multiple uses it shall be linear frontage of that portion of the building between the occupancy separation walls. Buildings at the corner of two street frontages may count the building frontage facing both street frontages.

12-34-1 (f) Building Official: A title recognized by the City of Santa Maria and the International Code Council (ICC) responsible for interpretation, effectuation and enforcement of the California Building Codes including, but not limited to the International Building Code (IBC). (g) Canopy/Awning Sign: A sign mounted or painted on a canopy or awning. (h) Code Compliance Officer: An employee of the City Attorney's Office responsible for the investigation and enforcement of Municipal Code violations. (i) Commercial Sign: Any sign, wording, logo, picture, transparency, mechanical device, or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose. (j) Construction Project or Subdivision Sign: A sign erected in conjunction with a construction project. (k) Directional Structure: A noncommercial, on-site structure, the purpose of which is to facilitate safe vehicular or pedestrian travel by directing pedestrians or vehicles to specific on-site locations, such as parking spaces, special drive-up or walk-up services, exits, and public restrooms. (l) Director: The Director of Community Development. (m) Directory Sign: A wall or monument sign that may list the names of businesses in an office or retail complex and the corresponding building, suite or room number/letter. (n) Downtown Specific Plan: A plan which outlines specific regulations for a particular geographical area as defined in the adopted Downtown Specific Plan. (o) Four Square Mile Area: The original townsite as defined in Section 12-32.07A(a) of the Municipal Code. (p) Freestanding (Pole) Sign: A sign not attached to a building that is constructed upon, or affixed to, the ground by means of columns, poles, or similar structural components. Freestanding (pole) signs are prohibited pursuant to Section 12-34.11 (i) of this Chapter. (q) Freeway Interchange Tower: An architecturally designed structure not exceeding 75 feet in height that is approved by the Planning Commission through a Planned Development or Conditional Use Permit. (r) Freeway Sign: A freestanding sign designed to be viewed from vehicles traveling Highway 101 and located on Freeway Service (FS) zoned property. (s) Height of Sign, Maximum: The distance from the lowest adjacent finish grade within three feet of the base of the sign to the top of its highest element. (t) Illuminated Sign - External: A sign which is illuminated by use of lighting from a source outside of the sign. (u) Illuminated Sign - Internal: A sign which is illuminated by use of lighting installed inside the sign. (v) Institution: All governmental, religious, and charitable organizations. (w) Master Sign Plan: A plan outlining the design, location, size, number, materials, and construction of sign structures for any multi-tenant site in order to ensure continuity of design within the project and to provide for equitable distribution between tenants of allowable sign area. Previously approved Uniform Sign Programs shall constitute a Master Sign Plan under this Chapter. (x) Memorial Signs or Tablets: Signs or tablets cut into masonry surfaces or constructed of bronze or other incombustible materials mounted on a solid base or on one or more uprights. (y) Monument Sign: A sign affixed to a solid base and installed on a landscaped, concrete or other solid surface on the project site. (z) Noncommercial Sign: A sign that does not name, advertise, or call attention to a commercial or industrial business, commodity, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose. (aa) Off-Site Sign: A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained. (bb) On-Site Sign: A commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, product, goods, service, or other commercial or industrial activity conducted, sold, or offered upon the site where the sign is maintained. For purposes of this Chapter, all signs with noncommercial speech messages shall be deemed to be on-site, regardless of location. (cc) Painted Sign: A sign that is painted directly on a wall or other surface, and does not project from the surface to which it is applied. (cc1) Parking Lot Light Banner: A banner sign attached to the vertical portion of a privately-owned parking lot light standard, suspended between horizontal supports. For the purpose of this Chapter, a parking lot light is defined as a vertical pole of varying height supporting a luninaire or mast arm. (dd) Peak: The highest point of a roof.

12-34-2 (ee) Permanent Sign: Any sign which is constructed to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall, or building. (ff) Projecting Sign: A sign attached to, and projecting from, the face of the roof of a structure, canopy, or marquee. (gg) Roof Sign: A sign erected upon a roof or eave of a roof, or erected upon an awning of a structure, which is wholly or partially supported by said structure and includes a sign projecting above the eave or parapet of a roof. (hh) Sandwich Board Structure: A small, single or multi-sided type of sign placed on the ground. (ii) Sign: Any device, fixture, placard, or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which is to be viewed from any public street, road, highway, right-of-way, or parking area. (ii1) Vacant lot: For the purpose of this chapter, vacant lot will be defined as a parcel that does not contain a structure used for calculating temporary/banner sign area under Section 12-34.05(d)(2). (jj) Valet sign: A moveable support structure which contains a single support element or post used to display signage not permanently affixed to the ground. (kk) Non-Conforming Sign: A sign which existed as a legal sign prior to the effective date of this Ordinance which is in conflict with the provisions of this Chapter. The following are not within the definition of sign for the regulatory purposes of this chapter: (1) Any public or legal notice required by a court or public agency; (2) Decorative or architectural features of building, except letters, trademarks, or moving parts; (3) 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 permanent building which is otherwise legal; (4) Time and temperature devices; (5) Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle; (6) Traffic, directional, emergency, warning or informational signs required or authorized by a governmental agency having jurisdiction; (7) Permanent memorial or historical signs, plaques, or markers; (8) Public utility signs; and (9) Newsracks. (ll) Sign Structure: A structure which supports a sign. (mm) Sign Tower: An architecturally designed structure not exceeding 25 feet in height that is permitted in the C-1 and C-2 zoning districts and approved by the Planning Commission through a Planned Development Permit or Conditional Use Permit. (nn) Special Projects: A division of the Administrative Services Department of the City of Santa Maria charged with managing grants and special development projects. (oo) Temporary Sign: A sign constructed of expendable material such as paper, plastic, cloth, or wood intended to be displayed for a short period of time. Pennants, banners, and similar devices are also included in this category. Temporary signs may serve many functions such as grand opening signs or political signs. (pp) Wall Sign: A sign which is attached directly to, and parallel with, the building face or painted upon the wall or marquee of a building or structural part thereof. (qq) Window Sign: A sign painted, printed, attached, glued, hung or otherwise affixed to a window so that it is visible. A window sign is a type of wall sign and may be located inside or outside of a building and either shall constitute a sign and is subject to the provisions of this Chapter. (Ord. 2010-14, eff. 1/6/11; Ord. 2008-10, eff. 7/3/08; Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

Section 12-34.04. General Requirements. (a) Applicability. This Chapter regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this Chapter, all signs located in such areas of the City shall be erected and maintained in conformity with this Chapter. (b) Sign Permit Required. Except as otherwise provided in this Chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy of sign face), move or display or maintain

12-34-3 any temporary or permanent sign without first obtaining a sign permit from the Community Development Department in accordance with the provisions of this Chapter. No sign permit is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made. (c) Owner’s Consent Required. The consent of the property owner is necessary before any sign may be erected on any private property or public sidewalk within the City. (d) Noncommercial Signs. Noncommercial signs are allowed whenever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter. For purposes of this Chapter, all noncommercial free speech messages are deemed to be on-site, regardless of location. (e) Substitution of Noncommercial Message. Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, size, locational, and structural regulations (e.g., color, materials, height, size, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this Chapter, the provisions of this subsection shall prevail. (f) Substitution of Commercial Messages. Substitution of a commercial message is not automatically allowed in a place where only a noncommercial message is allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages. (g) Construction Materials. All permanent signs shall be constructed of wood, metal, plastic, ceramic tile, glass or like material (or paint on a building such as a painted wall sign) as approved by the Director of Community Development. (h) Area of Signs. (1) A “Double-Face Sign” with parallel planes, back-to-back, not more than 24 inches apart, shall count as a single sign and only one side shall be counted for the total sign area. (2) In the case of a multi-face sign other than a double-faced sign, the outer dimensions of all the sign faces shall be combined. The sign area shall be the total area of all the faces. (3) In the event a sign falls under more than one sign definition, the more restrictive sign regulations found in this Chapter shall apply. (4) Sign face changes to a legally established sign which do not structurally alter the sign (including sign area and configuration) shall not require a sign permit. (5) The total sign area allowed on a parcel shall be calculated as the sum of the sign areas of all signs on the parcel except directional structures and temporary signs. (6) The total sign area allowed on a parcel shall be equal to one square foot of sign for each lineal foot of building street frontage facing perpendicular to a street to which buildings front. Exceptional Circumstances: For buildings with minimal or no building street frontage, the Zoning Administrator shall allow sign area based on that portion of the building street frontage that would be viewable perpendicular to the street without the existing configuration. The sign area shall be equal to one square foot of sign area for each lineal foot of building street frontage. i. In the case of multiple buildings on a parcel the total sign area shall be equal to one square foot of sign area for each one foot length of all buildings facing a street when viewed perpendicular from a public street. If a portion of a building is blocked from view from a public street, only that portion (length) of a building visible when viewed perpendicular from the street shall be counted towards sign area. ii. An unobstructed building at a corner of two or more public streets may utilize the aggregate of building length of two or more public streets when applying sign area when viewed perpendicular from the public streets. iii. On a multi-tenant or multi-building site, a master sign plan shall be prepared by the owner for review and approval by the Community Development Department. The purpose of the master sign plan is to insure compliance with this chapter, promote continuity of sign design and to spread the amount of sign area permitted among the buildings and businesses within a multi-building site. iv. Buildings on lots with 25 feet of street frontage or less shall be permitted a sign area not exceeding 25 square feet.

12-34-4 v. The total allowable sign area on a parcel located on a corner of two public streets shall be permitted an additional amount of sign area equal to one (1) square foot of sign area for each lineal foot of building facing the side street frontage, facing perpendicular to the public (side) street. Bonus Sign Area: The total sign area shall be increased by 25% for buildings that have a height of 20 feet or more of habitable interior space. (7) The area of a sign shall be calculated by forming a box to enclose the entire sign. The box must be a continuous line consisting of not more than eight straight lines that form right angles. The area within the box shall be the sign area. (8) The supporting structure of any sign, including pole(s), monument base or masonry veneer, shall not be included in determining the sign area. (9) Any project involving multiple tenants in one complex, such as a shopping center, shall submit a master sign plan illustrating sign type, area and location for all signs in the project. The intent of the master sign plan is to encourage sign continuity in the complex. Temporary signage shall be allowed in accordance with Section 12-34.05(d) upon receipt of a complete Master Sign Program. (i) Location. All sign structures shall comply with sight distance requirements for corner visibility of pedestrians and vehicles (Sec. 12-27-03). (j) Architecturally Designed Freeway Interchange Towers. Where necessary to implement the adopted policies of the General Plan and to promote the purposes of this ordinance or the findings supporting it, the Planning Commission, through a Planned Development Permit or Conditional Use Permit (ref. Chapter 35 of Title 12), may permit, or conditionally permit, freeway interchange towers within 1,000 feet of freeway interchanges. The towers shall not exceed a height of 75 feet above finished grade. No more than two such towers shall be constructed at each interchange. The total sign area for each tower shall not exceed 400 square feet. The design of the Freeway Interchange Tower must be consistent with the adopted General Plan. The Towers must make a positive design statement for the City of Santa Maria, be architecturally compatible with the architecture of the adjoining buildings, and must include substantial adjacent landscaping. (k) Architecturally Designed Sign Towers Along Primary and Secondary Arterial Streets. The Planning Commission, through a Planned Development Permit or Conditional Use Permit (ref. Chapter 35 of Title 12) may permit, or conditionally permit, sign towers in the C-1 and C-2 zoning districts along Primary and Secondary Arterial Streets as defined in the Circulation Element of the General Plan. The sign towers shall not exceed a height of 25 feet above finished grade. The total sign area shall not be greater than 200 square feet per tower. The design of the Sign Towers must be consistent with the adopted General Plan. The Sign Tower must make a positive design statement for the City of Santa Maria, be architecturally compatible with the architecture of the adjoining buildings, and must include substantial adjacent landscaping. (l) Illumination. Illumination shall be allowed on all signs upon the approval of a sign permit. Illuminated signs may be lighted either by exterior or interior means. Illuminated signs shall be designed in such a manner as to avoid glare or reflection of light on private property in the surrounding area or onto public right-of-way. Illumination of signs shall comply with all adopted model building codes of the City of Santa Maria. (m) Limitation on Number of Signs affixed to a building. No more than four (4) signs shall be permitted on any building face for a single tenant. (n) Maintenance. All signs shall be maintained in a neat and orderly appearance, including, but not limited to, repairing all holes, tears, fading, chipping, structural defects, and partial or full loss of illumination. (o) Highway 101 Bonus Sign Area. Property owners (of buildings that are abutting Highway 101) shall be entitled to an additional fifty (50) square feet of sign area that may only be applied to a wall sign facing Highway 101. (Ord. 2008-10, eff. 7/3/08; Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/3/98; Ord. 92-19, eff. 12/31/92)

Section 12-34.05. Standards by Sign Type. (a) Wall Sign. (1) Maximum Height: Not to exceed the eave or parapet of the roof. (2) Permitted Zones: C-1, C-2, CPO, CC, FS, C-M, M-1, M-2, SP (subject to specific plan), PF, AS I, II and III, and in residential zoning districts. (3) Sign Permit Needed: Yes. (4) A wall sign may encumber no greater than eighty percent (80%) of the building street frontage width. (5) Window signs may not exceed 25% of an overall window area per building face. When displayed in excess of 30 days per calendar quarter; a window sign is a permanent sign and shall be counted against the total allowed sign area. (6) A wall sign may not exceed 25% of an overall window area per building face.

12-34-5 (b) Monument Sign. (1) Maximum Height: 6 feet in residential zones; 8 feet in commercial or industrial zones, as measured from adjacent finished grade. (2) Monument signs may be placed on landscaped mounds. All landscaped mounds shall comply with the development standards of Section 12-44 (landscaping) providing that mound slopes may not be steeper than 2 to 1 and no higher than three feet. (3) Monument Base: A monument sign must be supported by a solid base equal to or greater than 60 percent of the sign width obscuring one or more upright supports. (4) Permitted Zones: C-1, C-2, CPO, CC, FS, C-M, M-1, M-2, SP (subject to specific plan), PF, AS I, II and III zones, and in residential zoning districts. (5) Sign Permit Needed: Yes. (6) All monument signs shall comply with sight distance requirements. (Sec. 12-27-03) (7) The maximum monument sign area shall be fifty (50) square feet in all commercial (C-1, C-2, CC, CPO, FS), industrial (M-1, M-2, CM), open space, public facilities and airport (I, II, III) zoning districts. The maximum monument sign area shall be thirty-five (35) square feet in all residential (RA, R-1, RSL-1, R-2, R-3 and RMH) zoning districts. (8) Number of monument signs permitted shall be limited to one (1) monument sign for each one hundred and twenty-five linear feet of parcel frontage along a public street except that, upon the request of the applicant, monument signs closer to each other than an aggregate of 125 linear feet of parcel frontage along a public street shall be permitted when within fifty (50) feet of the main entrances/exits of developments, such as a shopping center or office complex. (c) Directional Structures. (1) Maximum height: 4 feet for ground mounted structures (2) Maximum Area: 4 square feet for ground mounted structures; 6 square feet for wall mounted structures. (3) Special Limitation: Directional structures shall only contain the information stated in Section 12-34- 03(k). (4) Permitted Zones: C-1, C-2, CPO, CC, FS, C-M, M-1, M-2, SP (subject to specific plan), PF, AS I, II and III zoning districts. (5) Permit Needed: Yes (no fee permit) (d) Temporary Sign/Banner. (1) Maximum Height: Not to exceed roof eave line of nearest building or building to which it is affixed. (2) Maximum Area: A banner or temporary sign may be installed at a ratio of 32 square feet of sign area (in commercially or industrially zoned properties), or 6 square feet of sign area (in residentially zoned properties) for each 75 feet of width of the side(s) of a building facing a public street.

For instance:

Building Width Sign Area (square feet) Sign Area (square feet) (feet) Commercial/Industrial Zones Residential Zones 75 32 6 150 64 12 225 96 18 300 128 24

(3) Permitted Zones: R-1, RSL-1, R-2, R-3, RMH, C-1, C-2, CPO, CC, FS, C-M, M-1, M-2, SP (subject to specific plan), PF, AS I, II and III zoning districts. (4) Sign Permit Needed: Temporary sign authorization required and may be given over the counter at the City of Santa Maria Community Development Department. (5) Permitted Time: Temporary signs may be displayed for up to two 30-consecutive day periods during a six month time frame, not exceeding 120 display days within twelve months. The applicant shall specify the desired dates of display, any consecutive period(s) for display, and the 12 months within which the display will occur on the application for temporary sign permit. A temporary sign permit may be renewed upon expiration of the 12 months specified in a temporary sign application.

12-34-6 Except sandwich board signs may be utilized for an indefinite period of time when in full compliance with Chapter 34, including Section 12-34.05(g). (6) Banners shall be made of flexible, non-rigid material that cannot support itself. (7) Temporary signs shall not be subtracted from the total allowable permanent sign area. (8) A maximum of two temporary signs may be permitted as long as the total allowable temporary sign area is not exceeded. (9) Temporary signs are permitted on vacant lots and are subject to all other applicable provisions of Sections 12-34.05. (e) Projecting Sign. (1) Maximum Height: Not to exceed eave or parapet line of wall or structure to which projecting sign is attached. (Note: Bottom of sign shall be a minimum of 8 feet from ground to provide proper clearance.) (2) Permitted Zones: C-1, C-2, CPO, CC and CM zoning districts in the four-square mile area. (3) Sign Permit Needed: Yes. (4) Location: Projecting signs may extend over public right-of-ways including public sidewalks not to exceed one-half of the distance from the building face to which the sign is attached to the curb face of said sidewalk. (f) Canopy/Awning Sign. (1) Maximum Height: Not to exceed the height of the underside of a canopy, awning or marquee. The bottom of the sign shall be a minimum of eight feet from the ground to provide proper clearance. (2) Permitted Zones: C-1, C-2, CPO, CC, FS, C-M, M-1, M-2, SP (subject to specific plan), PF, AS I, II and III. (3) Sign Permit Needed: Yes. (4) Location: Canopy/awning signs may locate over rights-of-way including sidewalks except that no part of the sign may extend beyond the canopy. (g) Sandwich Board Sign. (1) Sandwich board signs shall only be permitted within the boundaries of the Downtown Specific Plan on a parcel developed with occupied structures. (2) Allowed styles of free-standing sign structures include: a) sandwich; b) “A” frame; c) valet; d) custom fabricated. (3) Signs may be a maximum of 4 feet in height and 3 feet in width on one surface, and may occupy an area no greater than 12 square feet per sign face. The thickness of the sign surface may not exceed three (3) inches before it is counted as sign area. (4) Signs must be movable without mechanical assistance. (5) Signs must be placed within 20 feet of a pedestrian entrance to a building. (6) Signs may not block the free use of a sidewalk by pedestrians and/or persons with a disability and must provide a minimum of five (5) feet of walkable space around the sign on the sidewalk. Any sign placed within a public right-of-way shall obtain an encroachment permit. (7) All signs must be fabricated so as to not collapse or fall over when in use. (8) Signs shall not be secured to any structure using a chain, cable or similar device. (9) Signs may be displayed only during hours when the adjacent use is open to the public and must be removed during all other times. Notwithstanding this provision, sandwich board signs may not be utilized from 10:00 p.m. to 6:00 a.m. (10) Sandwich board signs and their structures must be stored out of public view at all times unless properly displayed pursuant to this Chapter. (11) A site plan indicating the location where a sandwich board sign will be utilized shall be submitted for review and approval by the City of Santa Maria Community Development Department. Pending review and approval, the sign shall be allowed in accordance with Section 12-34.05(d). (12) A request for a sandwich board sign shall be accompanied by the written consent of the property owner (or authorized agent). (13) Allowance of sandwich board signs, pursuant to this Chapter, shall cease (sunset) after one year from the effective date of this ordinance. (h) Temporary Flags in Developing Residential Areas (1) Maximum height: Not to exceed fifteen feet. (2) Maximum area: Ten square feet per flag, not to be less than two feet wide. (3) Permitted zones: R-1, RLS-1, R-2, R-3, and any other zones that include an approved mixed use housing project.

12-34-7 (4) Permitted time: Temporary flags may be displayed for up to one year plus one additional year if a sign permit extension has been obtained. Flags shall only be installed onsite and cannot be installed prior to issuance of Certificate of Occupancy for the model unit(s). (5) Special limitation: One flag for each 50 feet of exterior public street frontage, not to exceed twenty flags for each approved project in a developing residential area. Flags shall be replaced when they become torn, frayed, or have holes. (6) Sign permit needed; sign permit extension needed: yes (i) Parking Lot Light Banners (1) Maximum area: four square feet each, not to exceed two banners per pole. (2) Minimum height: Bottom horizontal support shall not be affixed to the vertical light pole less than eight feet above the ground. (3) Permitted zones: All Commercial zones. (4) Permitted time: May be utilized for an indefinite period of time when in full compliance with applicable provisions of Chapter 34. Banners shall be replaced when they become frayed, torn, or have holes. (5) Number of banners: No more than 25% of the parking lot lights shall be utilized for banners. (6) Permit needed: Yes. (Ord. 2010-14, eff. 1/6/11; Ord. 2008-10, eff. 7/3/08; Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

Section 12-34.06. Construction or Subdivision Signs. Construction or subdivision project signs shall not exceed 32 square feet in area, or 8 feet in overall height, unless legally required by governmental contract to be larger. A Construction or Subdivision Project Sign shall not require a sign permit and may exist no longer than the period of construction. One sign is permitted per street frontage. (Ord. 2005-09, eff. 9/2/05; Ord. 92-19, eff. 12/31/92)

Section 12-34.07. Administration. (a) Application and Processing. (1) Purpose. The purpose of a sign permit is to help ensure compliance with the provisions of this Title and Chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size, and type of sign, including structural and electrical provisions of the state building codes. (2) General Sign Permit Application Process. Unless otherwise specified by this Chapter, the application for a sign permit must be made in writing on the form provided by the Community Development Department and accompanied by the required fee established by City Council resolution. The application shall include the following information and items: (i) The completed application form. (ii) Plans drawn to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination, and showing the relationship to any building, parcel, or structure to which it is proposed to be installed or affixed or to which it relates. Compliance with applicable state building codes including structural analysis, wind load calculations, and footing details shall be shown on the plans and signed by a structural engineer when applicable. (iii) A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points, and existing or planned buildings or structures and off-street parking areas located on the premises. (iv) The number, size, type, and location of all existing signs on the same building, site, or premises. (v) Proof of the consent of the property owner or other person in control or in possession of the property. (vi) If a proposed sign would be an advertising display under the Outdoor Advertising Act (Business and Professions Code §§5200 and following), the applicant shall submit reasonable evidence demonstrating compliance with or exemption from the Act. (vii) Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of the Chapter, the Municipal Code, and any other applicable law. (3) Processing Applications. The Director, or his/her designee, shall determine whether the application contains all of the information and items required by the provisions of this Chapter. If the Director or his/her designee determines that the application is not complete, the applicant must be notified in writing within 20 business days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. The applicant will

12-34-8 then have 30 calendar days from receipt of comments to submit additional information to render the application complete. Failure to do so within this 30 day period renders the application void. Within 20 business days following receipt of an amended application or supplemental information, the Director or his/her designee must again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification is to occur as provided above until such time as the application is found to be complete. All notices required by this Chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which a personal service of such notice is provided. (4) Sign Review/Standard Signage. After reviewing a complete sign permit application, the Director or his/her designee, shall cause the application to be reviewed and render a written decision to approve or deny the application within 20 business days of the complete application date. The Director’s determination is to be guided solely by the standards and criteria set forth in this Chapter. The application shall be approved whenever the proposed sign conforms to all design, size, height, and other standards for signs subject to a permit requirement, as such requirements are set forth in this Chapter. An application may be granted either in whole or in part when more than one sign or location is proposed by the applicant. When an application is denied in whole or in part, the Director’s written notice of determination must specify the grounds for such denial. (b) Appeals (1) Any person seeking to appeal a decision of the Director granting or denying an application for issuance of a sign permit, revoking a permit, or ordering the remediation or removal of a sign, shall appeal in writing, with the applicable filing fee as established by City Council resolution, to the Planning Commission within 14 calendar days of the decision. A hearing shall be scheduled, held, and decided by the Planning Commission within 30 days after receipt of the appeal. The time frame may be extended upon the request or concurrence of the appellant. The time for compliance with any original order shall be stayed during the pendency of any hearing before the Planning Commission. Any decision of the Planning Commission may be appealed to the City Council. (2) Any person dissatisfied with the final action by the City Council may seek prompt judicial review of the action pursuant to the California Code of Civil Procedure Section 1094.8. (Ord. 2005-09, eff. 9/2/05; Ord. 98- 11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

Section 12-34.08. Hazardous Signs. Signs shall conform to the following provisions of the California Vehicle Code. (a) No person shall place, maintain or display upon or in view of any highway, any unofficial sign, signal or device, or any sign, signal or device which purports to be or is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official sign or signal. (b) No person shall place, maintain or display upon or in view of any highway, any light of any color of such brilliance as to blind or dazzle the vision of drivers upon said highway nor shall any light be placed in such position as to prevent the driver of a vehicle from readily recognizing any traffic sign or signal. (c) The State Department of Public Works, members of the California Highway Patrol and local authorities are hereby authorized and empowered without notice to remove every prohibited sign, signal, device or light which is a public nuisance or cause the same to be removed or the director of said department, the chief of said patrol or local authorities may bring any action as provided by law to abate such nuisance. (Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

Section 12-34.09. Construction of Signs. (a) No portion of any sign nor its supports shall be placed in a manner that it will in any way obstruct any fire escape, stairway, or fire sprinkler stand pipe, nor shall any such sign or any of its supports be attached to or supported by any fire escape. (b) No portion of any sign or its supports shall be so placed that it will interfere with human exit through any window of any room of any building. (c) No portion of any sign or its supports shall be placed so that it will obstruct any exterior door or required exit of any building. (d) No sign shall be placed that will obstruct any legally required light and ventilation. (e) No sign or portion of a sign shall be placed on any public right-of-way in such a manner which obstructs such public right-of-way. Any such sign is hereby declared a public nuisance and may be removed by the Director, Building Official or any other designated official in Chapter 7 of Title 1 of this Code. (Ord. 2010-14, eff. 1/6/11; Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

12-34-9 Section 12-34.10. Non-Conforming Signs. (a) General Requirements: a non-conforming sign structure shall not be: (1) Changed to another non-conforming sign structure or increased in area unless the height or area of the sign structure is made less non-conforming; (2) Structurally altered to extend its useful life; or (3) Moved from its location to a new location. (b) Face Changes: Sign copy and face changes within the existing boundaries of the non-conforming sign structure are permitted without obtaining a sign permit. (c) Modifications and Maintenance: Non-structural modifications or non-structural maintenance (i.e., painting, rust removal) are allowed without a sign permit up to a maximum of 50 percent of the existing total area of the sign. Non-structural modifications or maintenance exceeding 50 percent of the existing total area of the sign, and all structural changes, shall comply with all applicable standards of this Chapter. (d) Discontinued Use: If the use of a building or land associated with a legal nonconforming sign structure is discontinued for a period of six months or more, any sign structure shall thereafter conform to the provisions of this Chapter. (e) Public Nuisances: Any nonconforming sign structure which is found to present danger to the public may be declared a public nuisance and abated as set forth in Chapter 42 of Title 12 (Administration and Enforcement). (f) Destroyed Signs: If, at any time, any non-conforming sign structure in existence or maintained on the effective date of this Chapter is destroyed by fire, accident, explosion or act of nature to the extent of more than 50 percent of the value thereof, without further action of the City, such sign shall, from and after the date of such destruction, be subject to all the provisions of this Chapter. For the purposes of this Chapter, the value of any sign shall be the estimated cost of replacement of the sign in kind as determined by the Building Official. (g) Administration of this Section is not intended to conflict with the provisions of the Outdoor Advertising Act (Chapters 2 and 2.5, Sections 5200 – 5499.30 of the Business and Professions Code). (Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

Section 12-34.11. Prohibited Signs and Locations. Prohibited signs are as follows: (a) Any sign designed for emitting sound. (b) Any sign or sign structure which has become a public nuisance due to inadequate maintenance, dilapidation, or abandonment. (c) Any sign which obstructs in any manner the ingress to, or egress from, a door, window, fire escape, or other access way required by building codes adopted by the City of Santa Maria. (d) Any sign unlawfully installed, erected, or maintained. (e) Any sign that encroaches into any City right-of-way and/or easement, except under-canopy, projecting and sandwich board signs. (f) Any sign that flashes, blinks, moves, changes color, appears to change color, changes intensity, or contains any part of attachment which does the same. (g) Any sign that is inconsistent with the traffic safety sight area, pursuant to Santa Maria Municipal Code Section 12-27-03. (h) Any sign structure located so that it interferes with visibility at an intersection, public right-of-way, driveway, or other ingress/egress. (i) Any free-standing pole sign. (j) Any sign located or displayed on or over public property except as expressly permitted in this Chapter. (k) Any sign attached to a tree. (l) Any sign structure erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the State, or rules and regulations duly promulgated by agencies thereof. (m) Any sign structure adversely affecting traffic control or safety. (n) Balloons and Blimps. (o) Roof Signs. (p) Any sign on public property or property in which the City holds an interest unless otherwise authorized by this Chapter. A Public Utility Easement (PUE) is an example of property in which the City holds an interest. (q) Off-Site signs. Exception: Signs on property owned or controlled by the City or the City of Santa Maria Redevelopment Agency, whose design is compatible with the objectives of this Chapter as determined by the Zoning Administrator or designee.

12-34-10 (r) Bow/Feather Signs. (Ord. 92-19, eff. 12/31/92; Ord. 98-11, eff. 12/03/98; Ord. 2005-09, eff. 9/2/05; Ord. 2008-10, eff. 7/3/08; Ord. 2009-16, eff. 9/2/09; Ord. 2010-14, eff. 1/6/11)

Section 12-34.12. Signs in the Public Right-of-Way or Placing Citizens in Peril. The Director, Building Official or other designated official in Chapter 7 of Title 1 of this Code shall immediately cause the removal of any sign which, in the judgment of the Director, Building Official or other designated official, is found to be within the public right-of-way and/or easements and are found to place citizens in immediate peril. Said removal shall be by any or a combination of the following methods using sound judgment under the circumstances: (a) Removal or modification of said sign by City staff with business owner (or property owner if business has ceased operations) to be billed for time and materials related to the cost of said removal. (b) Notification orally or in writing to the business owner causing the removal of said signs within a 24 hour period or later period of time, as prescribed by the Director, Building Official or other designated official. (c) Immediate citation of the business owner (or property owner if business has ceased operations) or party responsible for said sign. (Ord. 2010-14, eff. 1/6/11; Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92- 19, eff. 12/31/92)

Section 12-34.13. Severability. If any provision or clause of the Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses, or applications of this Chapter which can be implemented without the invalid provision, clause, or application, it is hereby expressly declared that this ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences clauses, and/or phrases be declared invalid or unconstitutional. (Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

Sections 12-34.14. through 12-34.24 Repealed per Ordinance No. 2005-09. (Ord. 2005-09, eff. 9/2/05; Ord. 98-11, eff. 12/03/98; Ord. 92-19, eff. 12/31/92)

12-34-11 Appendix – Illustration A (Bow/Feather Sign) Former Illustrations A through J were repealed per Ordinance No. 2005-09. (Ord. 2005-09, eff. 9/2/05; Ord. 2010-14, eff. 1/6/11)

12-34-A1 CHAPTER 12-35 USE AND PLANNED DEVELOPMENT PERMITS

Section 12-35.100A. Article 1. Conditional: Administrative

Section 12-35.101. Authority of zoning administrator: Procedure. (a) The zoning administrator is authorized to issue use permits for the following uses: (1) Single-family residences; (2) Churches; (3) Public and quasi-public uses; (4) Guesthouses and guestrooms; (5) Duplexes; (6) Triplexes; (7) Dwelling groups, multifamily dwellings and apartment houses with twelve (12) or less units; (8) Pet shops; (9) Light manufacturing; (10)Establishments where liquor is served (in conjunction with restaurant use only); (11) One outdoor RV lift per property in the C-2 and CM zoning districts; (12) Temporary retail sales within a hotel or motel. (13) Fences or walls constructed with barbed wire, razor wire or similar sharp materials pursuant to Chapter 12-27. (b) In considering the uses listed in subsection (a) of this section, the zoning administrator shall use standard conditions as they are applicable, in accordance with this title. (c) Within twenty-four (24) hours of receipt of any use permit to be considered by the zoning administrator, the Planning Commission shall be notified of the receipt. In addition, the property being considered for the use permit shall be posted within twenty-four (24) hours of the action taken on the use permit by the zoning administrator. The posting shall contain information as to the procedure for appealing the action of the zoning administrator. (Ord. 2010-05, eff. 8/19/10; Ord. 2005-04, eff. 5/19/05; prior Code § 10-131.2)

Section 12-35.102. Redevelopment relocation: Temporary conditional use permits. (a) Temporary conditional use permits for the purpose of the relocation of any person out of a redevelopment project conducted by the redevelopment agency of the City, may be applied for by application made to the zoning administrator on forms prescribed by him. Such permits shall be valid only for a term not to exceed three (3) years from the date of issuance. The zoning administrator shall accept the application without fee. He shall review such relocations from a redevelopment project conducted by the redevelopment agency of the City, he may approve such permit, waiving standard conditions and requirements of this section and of regulations adopted by the Planning Commission pursuant to this section except only such absolute minimums as, in his discretion, he may deem essential for the public safety. (b) Permits issued pursuant to the provisions of this section shall be revocable for violations of any conditions thereof. The zoning administrator may revoke such permit after giving ten (10) days' notice in writing to the permittee of his intention to revoke, stating the reasons therefor and advising the permittee of his right to an informal hearing before the zoning administrator with regard thereto. (c) No permit issued pursuant to the provisions of this section shall create or be deemed to have created a lawful nonconforming use beyond the term for which the permit is issued. (Prior Code § 10-131.3)

Section 12-35.103. Delegation of Planning Commission powers to zoning administrator. The Planning Commission is authorized to adopt regulations by resolution whereby the zoning administrator may be authorized to issue use permits in certain classes or types of situations, which classes or types shall be specifically described in any such regulations. Applications for use permits in such classes or types shall be made and processed in the same manner as regular use permits, as the same are provided for in Article 2 of this chapter; provided, however, that except in the case of appeals, no hearing shall be held before the Planning Commission and; provided further, that the zoning administrator shall make the findings prescribed in Section 12-35.207. (Prior Code § 10-131.4)

Section 12-35.104. Appeals from zoning administrator. Any and all persons aggrieved by an action of the zoning administrator taken pursuant to the provisions of Sections 12-35.102 and 12-35.103 may file an appeal from the action or part thereof; provided, that such appeal

12-35-1 shall be in writing stating the reasons for the appeal and filed with the secretary of the Planning Commission within not more than fourteen (14) days following the action taken. (Ord. 86-32 § 9(A), eff. 2/19/87: prior Code § 10- 131.5)

Section 12-35.200A. Article 2. Conditional Use and Planned Development Permits: Planning Commission

Section 12-35.201. Intent. Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. The procedures specified in Sections 12- 35.206 and 12-35.207 are intended to provide a means whereby the Planning Commission may modify and condition such uses to the extent that such uses can be made compatible and harmonious with adjacent uses. The Planning Commission, through a Planned Development permit may approve projects which vary from the setback, landscaping and parking provisions of this title if the Commission finds that the project will: (a) Will have no adverse effect on the adjacent property; (b) The modified setback, landscaping or parking requirements will not be detrimental to the public welfare, nor injurious to property or improvements in the neighborhood; (c) The modified setback, landscaping or parking will not create a violation of other sections of the Municipal Code including the Building and Fire Codes; (d) The granting of the modification will result in a superior site design. (Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-128.1)(Ord. 2000-18, eff. 12/5/00).

Section 12-35.202. Permitted uses. Uses covered by this article include only those uses listed or described in the "Conditional uses" sections of the various districts. Permits for uses listed in Section 12-35.101(a) can be issued by the zoning administrator. (Prior Code § 10-128.2)

Section 12-35.203. Application. Application may be made by a property owner or his authorized agent upon forms provided by the Community Development Department. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.3(a))

Section 12-35.204. Filing fee. The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council. Prior to increasing the filing fee for a conditional use permit, or adding a new fee, notice shall be given in conformity with Chapter 2-24 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.3(b))

Section 12-35.205. Hearing and notice. Upon acceptance of a complete application, the secretary of the Planning Commission shall set the matter for hearing before the Planning Commission, the hearing to be within a reasonable time. Notice of the time, place and date of the hearing shall be made in accordance with Section 65905 of the California Government Code. The Planning Commission shall hold such required public hearing. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10- 128.3(c))

Section 12-35.206. Approval or denial. Within thirty (30) days after the conclusion of the public hearing, the Planning Commission shall approve, conditionally approve or deny the use permit application. Notice of the action shall be mailed to the applicant and any other person who has requested notice. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code §§ 10-128.3(d)(1), 128.4(1))

Section 12-35.207. Findings for approval. The commission, in approving a conditional use permit, shall by motion by an affirmative vote of a majority of its voting members, find as follows: (a) That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity;

12-35-2 (b) That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use; (c) That the proposed use will have no adverse effect upon abutting property; (d) That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development; (e) That the conditions stated in the decision are necessary to protect the public health, safety and general welfare. Such conditions may include but are not limited to: (1) Regulation of use, (2) Special yards, spaces and buffers, (3) Special fences, solid fences and walls, (4) Surfacing of parking areas, (5) Requiring street, service road or alley dedications and improvements or appropriate bonds, (6) Regulation of points of vehicular ingress and egress, (7) Regulation of signs, (8) Landscaping plan designed by landscape architect, to be reviewed and approved by the Community Development Director, (9) Requiring maintenance of the grounds, (10) Regulation of noise, vibration, odors, (11) Regulation of hours for certain activities, (12) Time period within which the proposed use or portions thereof shall be developed, (13) Duration of use or portions thereof, (14) Posting of a bond or bonds sufficient to guarantee the removal of any nonconforming structures or uses of the land upon the expiration of the period of the conditional use permit, (15) Requiring the dedication of access rights, and (16) Such other conditions as will make possible the development of the City in an orderly and efficient manner; (f) Any permit granted in accordance with this section expires if not used within eighteen (18) months from date of approval. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.4(2)) (Ord. 96-2, eff. 03/08/96)

Section 12-35.208. General conditions. The Planning Commission shall, in addition to any special conditions, impose the following general conditions upon every conditional use permit and planned development permit granted: (a) That the right to use the permit shall be contingent upon the fulfillment of all general and special conditions imposed by the permit procedure; (b) That all of the conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns; (c) That all of the conditions shall be consented to in writing by the applicant and the property owner. The owner shall also consent to the recordation of the conditions of approval as a declaration of covenant, conditions and restrictions imposed on real property. The conditions shall be recorded with the Santa Barbara County recorder's office at the owner's expense; (d) That all the conditions shall be complied with or the permit may be revoked. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.4(e))

Section 12-35.209. Effective date of approved permit. A conditional use permit or planned development permit is not valid until the fifteenth (15th) calendar day following the action of the Planning Commission or zoning administrator granting issuance of the permit. A conditional use permit or planned development permit is not valid until: (a) The applicant and property owner have acknowledged their consent to the conditions of approval by signing appropriate forms provided by the Community Development Department; (b) Compliance with all conditions established by the Planning Commission to be preconditions to the permit; (c) Building permits associated with a project awaiting Planning Commission or City Council approval for a Conditional Use Permit or Planned Development Permit cannot be issued until the Planning Commission or City

12-35-3 Council have approved the project and the appeal period has lapsed. (Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1(I), eff. 6/2/88; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-128.5)

Section 12-35.210. Council action. The Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission, but before doing so, the Council must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.205, and must make a written finding of fact setting forth wherein the Planning Commission's findings were in error. A majority vote of the whole of the Council is required to grant in whole or in part any appealed application for conditional use permit which was denied by the Planning Commission. (Prior Code § 10-128.3(g))

Section 12-35.211. Appeals. (a) Filing. Written appeals may be taken to the Council by the applicant or by any interested party. Such appeal shall be filed in duplicate with the City Clerk within fourteen (14) calendar days from the date of action by the Planning Commission. (b) Effect of Filing. The filing of an appeal with the City Clerk shall toll the running of the fourteen (14) calendar day period before which a permit becomes valid. Once an appeal has been filed with the City Clerk the permit shall not become valid until the appeal has been formally withdrawn in writing by the appellant, or until the effective date of the City Council decision under subsection (h) of this section. (c) Before accepting an appeal, the City Clerk shall charge and collect a fee established by resolution of the Council. Prior to increasing the filing fee for an appeal, or adding a new fee, notice shall be given in conformity with Chapter 2-24 of this Code. (d) Transmittal of Copies. The City Clerk shall immediately transmit one (1) copy of the appeal to the Community Development Department and one (1) copy of the appeal to the City Manager, and one (1) copy to the City Attorney. (e) Grounds Statement. The appeal shall specifically state the grounds therefor and shall state wherein the Planning Commission failed to conform to the requirements of this article. (f) Defect Notice. The Community Development Director shall inspect the appeal for defects and within seventy-two (72) hours of receipt shall send notice to the appellant of the existence, type and nature of the defect or defects and advise the City Clerk thereof. (g) Council Authority. The Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission, but before doing so, the Council must set the matter for hearing, give the same notice for such hearing as provided in Section 12-35.205, and must make a written finding of fact setting forth wherein the Planning Commission's findings were in error. A majority vote of the whole of said Council is required to grant in whole or in part any appealed application for permit which was denied by the Planning Commission. (h) Referral to Commission. If the decision of the Council is in any way contrary to the action taken by the commission, the Council shall refer its findings to the commission and request a further report of the commission. The commission shall consider the Council findings and report back to the Council for their consideration and action. Failure of the commission to report to the Council within forty (40) days after reference shall be deemed to be approval of any proposed change. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code §§ 10-128.3(f), 10-128.6))

Section 12-35.212. Expiration and extension. If the development authorized by any conditional use permit or planned development permit is, or has been, unused, abandoned, discontinued or development has not been commenced within a period of eighteen (18) months, the permit shall expire and shall become null and void. The Planning Commission may grant extensions of time for additional periods of one (1) year, with or without additional conditions of approval if the development has not been established. An extension of time may be considered at any Planning Commission meeting. A public hearing shall be scheduled in accordance with Section 12-35.205 if additional conditions of approval are required. A written request to extend the date, and submittal of filing fee as determined by resolution of the Council must be filed with the Community Development Department prior to the expiration date of the approval. The submittal of a written request and filing fee for an extension of time shall prevent a permit from expiring until action is taken regarding the extension of time. (Ord. 90-15 § 1, eff. 8/2/90: Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.7)

12-35-4 Section 12-35.213. Revocation. (a) The Planning Commission may, by motion and after a public hearing with notice in accordance with Section 12-35-205, modify conditions of approval of any conditional use permit or planned development permit to make a use compatible with surrounding properties, or revoke any conditional use permit or planned development permit for noncompliance with any of the conditions of approval contained in the permit. Written notice of intention to modify or revoke shall be mailed to the permittee not less than thirty (30) days before the date set for the Planning Commission hearing on the modification or revocation. The modification or revocation may be appealed in the manner provided in Section 12-35-211. (b) If an established time limit for development expires or if a time limit for the duration of the carrying on of the use has been established as one of the conditions, the permit shall expire on such date of expiration without any notification to the owner thereof. (c) The revocation of a conditional use permit or planned development permit shall have the effect of denying all rights granted by the permit. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.8) (Ord. 96-2, eff., 03/08/96)

Section 12-35.214. Modification or enlargement. Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit or planned development permit, or any proposed extension of the use into areas not approved in any such permit, shall require a new use permit. No building permit for such additions, enlargements, modifications or extensions shall be issued unless the Planning Commission has granted a use permit therefor. The zoning administrator may grant minor modification(s) to uses and structures provided the modification(s) do not significantly expand or intensify the use for which the conditional use permit or planned development permit was granted. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-8.9)

Section 12-35.215. Preexisting permits. Any approved permits existing at the date of adoption of the ordinance from which this article derives shall continue to remain valid, until amended, according to the regulations stated in this chapter. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-128.10)

Section 12-35.300A. Article 3. Special Temporary Use Permits

Section 12-35.301. Intent. Uses permitted subject to special temporary use permit are those temporary uses which are required for the proper functioning of the community or are temporarily required in the process of establishing a permitted use, or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. (Prior Code § 10-129.1)

Section 12-35.302. Permitted uses. (a) The following uses shall be allowed upon the issuance of a special temporary use permit: (1) Christmas tree and pumpkin sales (limited to thirty (30) consecutive days); (2) Carnivals, circuses, special events (limited to ten (10) consecutive days); (3) Garage sale permits (limited to sixty (60) consecutive hours); (4) Parking and storage of earth moving or construction equipment; (5) Storage of materials incidental to the carrying on of a public works project, subdivision or construction project; (6) Tract home or lot sales office; (7) Construction trailers, recreational vehicles used as a temporary residence for construction superintendents, garages and sheds for use during building and subdivision construction; (8) Storage, temporary, of materials and construction equipment used in conjunction with construction or maintenance of streets and highways, sewers, storm drains, pipelines or similar uses; (9) Fireworks sales (limited to eight (8) consecutive days); (10) Temporary outdoor display and sale of merchandise to the public in connection with an established business in the City and on the same property thereof (limited to seventy-two (72) consecutive hours and not more than once every quarter) provided that such merchandise is the usual and customary merchandise sold by the established business;

12-35-5 (11) Such other uses as the Planning Commission may, by resolution, deem to be within the intent and purpose of this article. (12) Offsite auto sales. (A) Offsite auto sales at the following locations in accordance with Community Development Department pre-approved site plans, or at any site that meets the criteria in (12)(A)(i-v), are a special temporary use: Mervyn’s (Town Center West), Town Center East/Parking Structure A, Town Center East/Parking Structure B, Madonna Plaza (1318 South Broadway), Rancho Bowl (128 East Donovan Road), G & S Carpets (222 E. Donovan Road), Santa Barbara County Government Center (2115 Centerpointe Parkway), and K-Mart (2875 Santa Maria Way): i. that the site is located adjacent to, and accessible from, a Primary or a Secondary Arterial as identified in the City’s General Plan Circulation Element; ii. that the parking lot is of sufficient size and arrangement/layout to accommodate the parking and traffic circulation demands of the existing use(s) as well as the temporary auto sales activities, in accordance with Chapter 12-32 (Off-Street Parking and Loading) of this Code; iii. that the site is not located within a residential district; and iv. that the site can accommodate the traffic load on weekends. v. Redevelopment Agency and State property are exempted from this criteria. (B) That off-site auto sales are held twice per month on each parking lot, each for a maximum of 72 consecutive hours. (C) That the special temporary use is allowed subject to issuance of a conditional use permit. (D) That new and used vehicles, including recreational vehicles and boats, may be sold. (E) A valid City business license is required. (F) Written permission from the property owner, or an authorized agent of the property owner, shall be included with the application to use the site for the off-site auto sales on specified dates. (G) When the principle place of business for the person or business entity conducting the off-site vehicle sale is not located within the City of Santa Maria, a deposit of $1,000.00 will be required as part of the temporary use permit. The deposit is intended to ensure that the City of Santa Maria receives the sales tax owed for all sales of vehicles occurring within the City limits. In addition, for sellers whose principle place of business is not located within the City of Santa Maria, a copy of the seller’s completed State Board of Equalization Form B-530 must be submitted to the City within ten (10) days after the conclusion of the sale to enable tracking of the receipt of sales tax revenue. Once the City has received the appropriate amount of sales tax revenue from the State Board of Equalization, the $1,000.00 deposit will be returned to the seller. (13) Community event barbecues up to a maximum of 25 days per calendar quarter, subject to the regulations contained in Section 12-35.306. (14) Occasional event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.306.E. (15) Charitable event barbecues, occurring not more than three consecutive days in any calendar quarter, subject to the regulations contained in Section 12-35.306.F. (b) The outdoor seasonal sales of apples and oranges and other fruits and vegetables is specifically prohibited, unless conducted in association with a certified farmers’ market operation or a legal nonconforming swap meet. (Ord. 2009-19, eff. 10/1/09; Ord. 2009-06, eff. 3/19/09; Ord. 2009-04, eff. 1/20/09; Ord. 2006-09, eff. 6/16/06; Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 86-32 § 10 (A), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-129.2)

Section 12-35.303. Application and filing fee. Application for a special temporary use permit may be made by the property owner or his authorized agent. Such applications shall be filed with the Community Development Department. The Community Development Department shall charge and collect a filing fee for each such application, as determined by resolution of the Council. Prior to increasing the filing fee for a temporary use permit, or adding a new fee, notice shall be given in conformity with Chapter 2-24 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-129.3(a))

Section 12-35.304. Approval or denial. Application for special temporary use permit shall be reviewed by the Community Development Department. The zoning administrator shall approve, conditionally approve, or disapprove such application. Approval or conditional approval shall be given only when in the judgment of the Community Development Director such approval is within the intent and purpose of this title. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-129.3(b))

12-35-6 Section 12-35.305. Conditions. In approving a special temporary use permit, the approval shall be made subject to a time limit and other conditions deemed necessary to assure that there will be no adverse effect. Such conditions may include the following: (a) Regulation of hours; (b) Regulation of lights; (c) Requirement of bonds or other guarantees for cleanup or removal of structure or equipment; (d) Such other conditions deemed necessary to carry out the intent and purpose of this article. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-129.3(c))

Section 12-35.306. Community Events. (a) General Provisions: (1) In approving a special temporary use permit for Community, Occasional, and Charitable (Benefit) Event Barbecues, the approval shall be made under the conditions set forth in this ordinance to assure that there will be no adverse impacts to both the community and the qualified non-profit, charitable, or sponsor organizations that carry on the Santa Maria barbecue traditions. (2) The applicant shall identify the site of the proposed barbecue and the Community Development Department shall assist the applicant in preparing the required site plan. (3) The application shall be filed with the Community Development Department, which will review and may issue the permit for the entire calendar year or remainder portion thereof. (4) Any changes to the location, method of operation, or the size of the trailers or vehicles will require a revision to the special temporary use permit. (5) The application shall include: (A) A copy of a valid health permit or exemption issued by the Santa Barbara County Public Health Department for the Community Event, Occasional Event, or Charitable (Benefit) Event Barbecue. (B) Permission from the property owner or authorized agent to use the site for the barbecue on specified dates. (C) An accurate site plan showing the location of the facilities. (b) Site Guidelines: (1) The Community Development Department may assist the special temporary use permit applicants to complete the requirements in accordance to the following site guidelines: (A) All vehicular drive aisles shall remain clear of obstructions. (B) Utility lines shall not interfere with vehicular or pedestrian travel and avoid tripping or other safety hazards. (C) All equipment and seating shall be located on a paved surface and shall not violate sight distance standards (SMMC 12-27.03 Corner Cutback Provisions). (D) Only structures or equipment required to comply with County Health Department standards may be attached to the pavement or other structures on the property. (E) No vehicles, signage, or other equipment shall be located in the public right-of-way or obstruct public access into adjacent buildings. (F) Community event barbecue signage requires no permits when the signage is attached to a vehicle, trailer, or tent, but shall otherwise comply with the number and size limitations of the sign regulations (SMMC 12- 34). (G) Only food and beverages may be sold in conjunction with the barbecues and no off-site sales are permitted. (H) Alcohol sales are prohibited. (I) The site shall be kept free and clear of litter during and after the hours of operation. (J) Required on-site parking spaces may not be occupied prior to the hours of operation contained in this section. (c) Required Findings: (1) That the use will have no adverse effect upon abutting property. (2) That the establishment, maintenance and/or conducting of the barbecue will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood of such use and will not be detrimental to the public welfare, injurious to property or improvements in said neighborhood or contrary to its orderly development. (d) Community Event Barbecue

12-35-7 In approving a special temporary use permit for Community Event Barbecues, the approval shall be made under the following conditions deemed necessary to assure that there will be no adverse impacts. (1) The application for a special temporary use permit shall be filed with the Community Development Department. (2) In approving a special temporary use permit for Community Event Barbecues, the Community Development Department must make the required findings, subject to the general provisions and site guidelines sections of this chapter. (3) To assure that there will be no adverse impacts to the community, the following conditions shall be made part of the special temporary use permit: (A) The barbecues may occur on two of the three weekend days (Friday, Saturday, or Sunday), and on designated Federal holidays, up to a maximum of 25 days per calendar quarter. (B) The barbecue hours of operation shall be between 7 a.m. to 9 p.m. (C) The equipment may be placed on the site between the hours of 7 p.m. and 10:00 p.m. on the night before the proposed day of operation and shall be removed from the site by 9 a.m. on the following day. When not in use, all vehicles, equipment, and trailers associated with the barbecue shall be removed from the site. (D) The size and number of barbecue facilities allowed per site shall be determined by the City Zoning Administrator. i. The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner agrees to control the calendar dates and groups operating at specified locations on the property, as approved. ii. The Zoning Administrator may allow more than one group to operate on the same property under a master site application when the property owner is a qualified sponsor organization. (E) A qualified organization may apply for a conditional use permit from the Planning Commission to operate a barbecue solely for that organization’s own fundraising, which occurs on the premises or primary facility of the organization on those days when the community event does not apply. (F) Community event barbecues are special temporary use permits issued by the Community Development Department and may be transferred between qualified sponsor groups with notification to the Community Development Department and subject to the requirements of this section. (G) The permitted site location may be moved, with the site plan approval of the Community Development Department, once per calendar quarter. (H) Barbecues shall comply with all applicable state and local laws. i. Unless obtaining a conditional use permit from the Planning Commission, the number and size of the equipment shall be limited as follows: (A) Each registered vehicle or trailer used in conjunction with the weekend barbecue events shall be limited to a length of 26 feet. (B) Barbecue units shall be limited to a length of 12 feet and a height of seven feet, including any hood structures. (C) No more than seventy-two linear feet of barbecue and support vehicles may be used for the community event barbecue. (e) Occasional Event Barbecues. (1) An application for a special temporary use permit shall be filed with the Community Development Department. (2) In approving a special temporary use permit for Occasional Event Barbecues, the Community Development Department must make the required findings, subject to the general provisions and site guidelines sections of this chapter, to assure that there will be no adverse impacts to the community. (f) Charitable (Benefit) Event Barbecues. (1) An application for a special temporary use permit shall be filed with the Community Development Department. (2) In approving a special temporary use permit for Charitable (Benefit) Event Barbecues, the Community Development Department must make the required findings, subject to the general provisions and site guidelines sections of this chapter, to assure that there will be no adverse impacts to the community. (Ord. 2006-09, eff. 6/16/06)

12-35-8 CHAPTER 12-36 VARIANCES

Section 12-36.01. When permitted: Conditions required. (a) Variances from the terms of this title may be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the provisions of this title deprive such property of privileges enjoyed by other property in the vicinity and under the identical district classification. (b) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the district in which such property is situated. (c) A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized or clearly permissible by the provisions of this title governing that parcel of property. (Prior Code § 10-127.1)

Section 12-36.02. Application. Applications for variance shall be filed with the Community Development Department by the owner, his authorized agent or a lessee upon forms provided by the Community Development Department. Applications shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the Planning Commission shall prescribe. Every application for a variance shall be accompanied by a drawing or plot plan, in duplicate, drawn to scale and showing the lot and the building site or sites, the proposed location of the building or buildings on the lot, accurate dimensions of the buildings, of the yards and of the lot, and such other information as may be necessary to provide for the enforcement of these regulations or the intelligent consideration of the variance request, as the case may be. (Prior Code § 10-127.2(a))

Section 12-36.03. Filing fee. Before accepting an application for variance, the Community Development Department shall charge and collect a filing fee. Such fee shall be as established by a resolution of the Council. Prior to increasing the filing fee for a variance, or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-127.2(b))

Section 12-36.04. Hearing. (a) Upon receipt of the applications in proper form, the Community Development Director shall place the item on the Planning Commission's agenda for public hearing within a reasonable period of time. (b) Notice of such hearing shall be given by notice through the U.S. mail with postage prepaid, using addresses from the last equalized assessment roll or, alternatively, from such other records of the assessor or the tax collector as may contain more recent addresses, or by both publication in a newspaper of general circulation, published and circulated in the City, and by first-class mail to any person who has filed a written request therefor with the Planning Commission. Such a request may be submitted at any time during the calendar year. Notice also shall be given to all property owners owning property within a distance of three hundred (300) feet from the exterior boundaries of the subject property. As an alternative to such mailing, in addition to the published notice in the newspaper, such notice may be given by posting of the notice in a conspicuous place on the property not less than ten (10) days prior to the date of hearing. (c) The Planning Commission shall, on the date set, hold the public hearing upon the application of the variance. (Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-127.2(c)(1), (d)(1, 2)) * Editor's Note: Section 12-36.04(b) was amended by request of the City Attorney.

Section 12-36.05. Findings required for approval. Before it may grant a variance, and based upon information shown in the application and verified by staff report, or upon further information brought forth during the course of the hearing, the Planning Commission must find that because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the provisions of this title deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification. The circumstances so found must be specifically set forth by the commission in its findings. (Prior Code § 10-127.2(c)(2))

12-36-1 Section 12-36.06. Grant or denial. (a) From the facts presented with the application at the public hearing the Planning Commission may grant the requested variance in whole or in part and with or without conditions as specified in Section 12-36.07. If the findings cannot be made, such application shall be denied. (b) Every action or decision of the Planning Commission authorizing a variance from the regulations established in this title shall be by resolution adopted by a majority of the commission's voting members, setting forth the written findings of fact required by Section 12-36.05. (c) The Planning Commission shall make its findings and determinations within thirty (30) days from the date of the closing of the hearing of such application and shall within ten (10) days of its decision mail a notice of its decision to the applicant and any other person who has requested notice. The thirty (30) day period may be extended at the request of or with the consent and approval of the applicant. The Planning Commission's decision shall be final unless appealed to the City Council. The failure of the Planning Commission to make its findings and determination within the time limit as provided in this subsection, or any approved extension thereof, constitutes a denial of the variance by the Planning Commission as of the last day when the Planning Commission could have acted thereon. (d) No variance granted or authorized by the Planning Commission, as provided in this section, shall become effective until the fifteenth (15th) calendar day following the action authorizing such variance. (Ord. 90-1 § 2 (part), eff. 3/8/90; prior Code § 10-127.2(d)(3--6))

Section 12-36.07. Conditions. (a) The Planning Commission, in approving a variance, may set forth in its decision reasonable terms and conditions which it deems necessary to protect the health, safety and welfare of the community and to assure the intent and purpose of these regulations. It may also require such security and guarantees as it may deem necessary to insure that such terms and conditions are being or will be complied with. (b) Every variance from the provisions of this title granted by the Planning Commission, or where applicable on appeal thereof by the City Council, shall be granted only subject to such conditions as will assure that the adjustment thereby authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated, and shall contain as a condition thereof the following:

“The variance hereby allowed is conditioned upon the privileges granted herein being utilized within one hundred and eighty (180) days after the effective date hereof, and should the privileges authorized hereby fail to be executed or utilized or where some form of construction work is involved, such construction has not actually commenced within such one hundred and eighty (180) days, and is not diligently prosecuted to completion, this authority shall become null and void and any privilege or variance granted hereby shall lapse unless such variance has not been utilized within such one hundred and eighty (180) day period by reason of delays caused by the Community Development Department in approving plans, in which event the Planning Commission may grant a reasonable extension of time. The Planning Commission may, in its discretion and with the consent or upon the request of the applicant, for any cause, grant a reasonable extension of time in addition to the one hundred and eighty (180) days herein provided. Such requests for extension shall have been filed with the Community Development Director fifteen (15) days prior to the expiration of the one hundred and eighty (180) day time limit noted above.”

(c) No variance granted or authorized by the Planning Commission, as provided in this section, shall become effective until after an elapsed period of fourteen (14) calendar days from the date of the action authorizing such variance. (Ord. 86-32 § 9(B), eff. 2/19/87; prior Code § 10-127.2(d)(7))

Section 12-36.08. Appeal from Planning Commission. (a) Eligibility. Written appeals may be taken to the City Council by the applicant for variance or by any interested person affected by any determination for variance or upon the failure of the Planning Commission to make its determinations on any application within the thirty (30) day limit mentioned in Section 12-36.06(c)). (b) Two (2) copies of an appeal shall be filed with the City Clerk within fourteen (14) calendar days from the date of action by the Planning Commission or from the expiration of the thirty (30) day period for Planning Commission action.

12-36-2 (c) Fee. Before accepting an appeal, the City Clerk shall charge and collect a filing fee. Such fee shall be as established by a resolution of the City Council. Prior to increasing the fee for filing an appeal or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code. (d) Grounds. An appeal shall specifically state the ground therefor and shall state specifically the ground therefor wherein the Planning Commission erred or failed to conform to the requirements of this chapter. (e) Transmittal. The City Clerk shall immediately transmit one (1) copy of the appeal to the Community Development Director and, if the appeal has been made by someone other than the applicant, one (1) to the applicant. (f) Effect. The appeal stays all proceedings in furtherance of the action appealed from until the determination of the appeal as provided in this chapter. (g) Report of Director. Upon receipt of the appeal, the Community Development Director within ten (10) days shall transmit to the City Clerk the original petition and copies of all other papers constituting the record upon which the action appealed from was taken, together with a written report disclosing in what respects the petition for variance and facts offered in support thereof met or failed to meet the qualifications provided in this chapter. (h) Hearing. The City Clerk shall place the item on the agenda for Council hearing, which hearing shall be not less than ten (10) days nor more than thirty (30) days from the date of receipt of the appeal. The City Clerk shall give notice of such hearing in the manner prescribed in Section 12-36.04. (i) Council Action. The Council may by resolution reverse, wholly or partly, or may modify any decision, determination or requirement of the Planning Commission. In doing so, the Council must make a written finding of fact setting forth wherein the Planning Commission's findings were in error and wherein the property or particular use involved meets or fails to meet the qualifications set forth in Section 12-36.01. Failure of the Council to reverse or modify the decision of the Planning Commission within fifteen (15) days of the date of the closing of the hearing constitutes affirmation of the Planning Commission's decision. (j) Withdrawal. An appeal may be withdrawn at any time prior to the date and time of mailing of notice of the public hearing. (Ord. 86-32 § 9(C), eff. 2/19/87; Ord. 83-1065 § 1 (part), eff. 1/5/84; prior Code § 10-127.2(e))

Section 12-36.09. Revocation of variances. (a) Effect. The revocation of a variance shall have the effect of denying all privileges granted by the variance. (b) Procedure. (1) The Council, with or without a recommendation from the Planning Commission may, by resolution, and after a public bearing with notice in accordance with Section 12-36.04, revoke any variance for noncompliance with the conditions set forth in granting such variance, or for failure to utilize the variance within the time limit provided. Written notices of intention to revoke shall be mailed to the owners of the property and the occupant of the property not less than thirty (30) days before the Council's action in the revocation of the variance. This shall not apply to the revocation of variances under Section 12-36.07(b). (2) If at any time, when a variance has been granted, it comes to the attention of the Planning Commission that erroneous facts or information were presented by the applicant and considered by the Planning Commission in the granting of the variance, the Planning Commission shall hold a hearing thereon. The persons affected by the variance shall be notified of the hearing. If from the evidence presented to the Planning Commission that erroneous information was in fact presented by the applicant to and considered by the Planning Commission and that the erroneous information did materially affect the decision and judgment of the Planning Commission in granting the variance, then the Planning Commission shall recommend to the Council that the variance be revoked. Upon receipt of such a recommendation, the Council may revoke the variance in accordance with subsection (a) of this section. (Prior Code § 10-127.2(f))

12-36-3 CHAPTER 12-37 ANNEXATION

Section 12-37.01. Definitions. As used in this chapter: (a) "Annexation": Annexations conducted under the Annexation Act of 1913 shall be referred to in this chapter as "annexations of inhabited territory"; annexations conducted under the Annexation of Uninhabited Territory Act of 1939 shall be referred to as "annexations of uninhabited territory." (b) "Petition" means any petition for annexation of territory to the City. (Prior Code § 10-34)

Section 12-37.02. Exclusions. The provisions of this chapter and the fees and charges provided for in this chapter shall not apply to annexations of territory owned by the City or by a school district which includes any part of the City, nor shall they apply to any territory proceedings for annexations of which are initiated by the City Council or which is included in a petition for annexation at the written request of the City, authorized by the City Council and which territory is not owned by any signatory to the petition. (Prior Code § 10-35)

Section 12-37.03. Compliance with chapter. No territory shall be annexed to the City until the provisions of this chapter have been complied with, except as provided in this chapter. (Prior Code § 10-36)

Section 12-37.04. Filing petition. The petitions for the annexation of territory to the City shall be filed with the City Clerk and shall be accepted for filing by the City Clerk only if the petition is accompanied with proof in the form of an affidavit that all provisions of the laws of the state required to be complied with prior to circulating the petition have been complied with. (Prior Code § 10-37)

Section 12-37.05. Agreement and surety: Uninhabited territory. (a) Upon receipt of a petition for the annexation of uninhabited territory the City Council may require that the petitioners and/or other responsible parties execute an agreement with the City, which agreement may require, but shall not necessarily be limited to: (1) Provision for the improvement of streets and all other public utilities and improvements within the territory proposed to be annexed existing within the territory at the time of the filing of the petition to City standards for such construction; (2) Provision for the installation of streets and all other public utilities and improvements outside the area to be annexed, installed in a position to serve the territory proposed to be annexed in accordance with City standards and requirements, including any necessary acquisitions or dedications needed therefor; (3) Provision for an agreement to, or petition to, accomplish the annexation of the area proposed to be annexed to any municipal utility or service district, including but not limited to drainage districts, sewer districts and water districts. (b) In the event any such requirements are imposed by the City Council as a condition of annexation the executed agreement filed with the City may be required to be accompanied by a surety bond issued by a surety company licensed to issue such bonds in the state, approved as to form by the City Attorney, to guarantee the performance of all terms of the agreement. The amount of such bond shall be approved by the City. (Prior Code § 10-38)

Section 12-37.06. Agreement and surety: Inhabited territory. (a) Upon receipt of a petition for the annexation of inhabited territory, the City Council may require that the petitioners and/or other responsible parties execute an agreement with the City, which agreement may require, but shall not necessarily be limited to: (1) Provision for the improvement of streets and all other public utilities and improvements within the territory proposed to be annexed existing within the territory at the time of the filing of the petition to City standards for such construction; (2) Provision for the installation of streets and all other public utilities and improvements outside the area to be annexed, installed in a position to serve the territory proposed to be annexed in accordance with City standards and requirements, including any necessary acquisitions or dedications needed therefor;

12-37-1 (3) Provision for an agreement to, or petition to, accomplish the annexation of the area proposed to be annexed to any municipal utility or service district, including but not limited to drainage districts, sewer districts and water districts. (b) In the event any such requirements are imposed by the City Council as a condition of annexation the executed agreement filed with the City may be required to be accompanied by a surety bond issued by a surety company licensed to issue such bonds in the state, approved as to form by the City Attorney, to guarantee the performance of all terms of the agreement. The amount of such bond shall be approved by the City. (Prior Code § 10-39)

Section 12-37.07. Authority of Council. Nothing contained in this chapter shall be construed to limit the power of the City Council to accept or reject annexations at its sole and unlimited discretion. (Prior Code § 10-40)

12-37-2 CHAPTER 12-38 AMENDMENTS

Section 12-38.01. Scope: Conformance. An amendment to this title or the official zoning map, changing any property from one zone to another or imposing any regulations not imposed before such amendment, or removing or modifying any such regulation imposed before such amendment, shall be adopted in the manner set forth in this chapter. (Prior Code § 10-130.1)

Section 12-38.02. Rezone initiation. A property owner may, by application to the secretary of the Planning Commission on a form designated for such purposes, request a change of district for the property. The Community Development Department shall charge and collect a filing fee for each application, as determined by resolution of the Council. Prior to increasing the fee for filing an application for an amendment, or adding a new fee, notice shall be given in conformity with Article 1 of Chapter 2-24 of this Code. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-130.2)

Section 12-38.03. Hearing notice. The Planning Commission shall hold one (1) public hearing on any regulation, amendment or zone change. Notice of the time and place of the hearing, including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least ten (10) calendar days before the hearing in the following manner: (a) The notice shall be published at least once in a newspaper of general circulation published and circulated in the City. (b) In prezoning, the notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned, or if there is none it shall be posted in at least three (3) public places in the area to be prezoned. (c) In the case of a proposed zone change, including prezoning, further notice shall be given by first-class mail to any person who has filed a written request therefor with the Planning Commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of each calendar year. The City may, pursuant to a resolution of the Council, impose a reasonable fee on persons requesting such notice for the purpose of recovering the cost of such mailings. Further notice of the hearing shall be given by mail including businesses, corporations or other public or private entities shown on the last equalized assessment roll as owning real property within three hundred (300) feet of the property which is the subject of the proposed change of districting. In the event that the proposed zoning district which has been requested by a person other than the property owner, as such property owner is shown on the last equalized assessment roll, notice shall also be given by mail to such owner. (d) In the event that the number of owners to whom notice would be sent, pursuant to subsection (c) of this section, is greater than one thousand (1,000), notice may be given as an alternative not less than ten (10) days prior to the hearing by either of the following procedures: (1) By placing a display advertisement of at least one-fourth (1/4) page in the newspaper having the greatest circulation within the area affected by the proposed change, and in at least one (1) additional newspaper having a general circulation within such area, if such additional newspaper is available; (2) By placing an insert with any generalized mailing sent by the City to property owners in the area affected by the proposed change, such as billings for City services. (3) Any such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard. (Prior Code § 10-130.3(a))

Section 12-38.04. Planning Commission recommendation. (a) A resolution embodying the recommendation of the Planning Commission shall include the reasons for the recommendation and the relationship of the proposed amendment to applicable general and specific plans. (b) Before recommending favorable action on any change of zone or amendment under the provisions of this chapter, the Planning Commission shall make a finding that the proposal is in accordance with the provisions of the General Plan of the City; the commission shall further find that the proposed modifications are required for the public necessity, convenience and general welfare, and in the case of a zone change that the area is afforded the services and facilities appropriate for the zone proposed. (c) In making its recommendation to the Council, the Planning Commission may recommend modifications which are consistent with the notice of public hearing. Recommendations for other modifications, greater area or for a different zoning district classification must be based upon new hearings. (Prior Code § 10-130.3(b))

12-38-1 Section 12-38.05. Council hearing and action. (a) Upon receipt of the recommendation of the Planning Commission, the City Clerk shall set the matter for hearing before the Council and shall report that action to the Council. The date set for hearing shall be as early as possible after receipt of the report of the Planning Commission and shall not be more than thirty (30) days after the filing of the commission's report and recommendation with the City Clerk. Notice of the time and place of the hearing shall be given as presented in Section 12-38.03 for hearing before the Planning Commission. (b) The Council shall hold one (1) public hearing and may hold additional hearings noticed in the manner prescribed in Section 12-38.03. (c) If, however, the report from the Planning Commission recommends against such modification or rezoning, the Council shall not be required to take any further action thereon unless an interested party shall request such hearing by filing a written request with the City Clerk within fourteen (14) calendar days after the Planning Commission files its recommendations with the Council. The receipt of such written request calling for a hearing before the Council shall be deemed as an appeal of the action of the Planning Commission. (d) The Council may approve, modify or disapprove the recommendations of the Planning Commission; provided, that any modification of the proposed regulation, amendment or zone change by the Council shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within forty (40) days after the reference, or such longer period as may be designated by the Council, shall be deemed approval of the proposed modifications. (Ord. 86-32 § 9(D), eff. 2/19/87; prior Code § 10-130.3(c))

12-38-2 CHAPTER 12-39 DEVELOPMENT REVIEW

Section 12-39.01. Development coordinating committee. There is established a development coordinating committee of the City whose members shall be a member of the Planning Commission appointed by the chairman of the Planning Commission, the Director of Public Works, the Director of Community Development, the Director of Recreation and Parks, and the Fire Chief, or their designated representatives. (Prior Code § 10-132)

Section 12-39.02. Purpose of committee. The purpose of the development coordinating committee is to give the City staff an opportunity to review the proposal in order to formulate a preliminary report for the applicant regarding required public improvements, zoning, City Code provisions and design changes if needed, in order to give the applicant an indication of the City's requirements. (Prior Code § 10-132.1)

Section 12-39.03. Review required: Scheduling. All development proposals submitted to the Community Development Department which involve one (1) or more acres of unsubdivided land shall be reviewed by the development coordinating committee. Upon receipt of the development plan described in Section 12-39.04, the proposal will be scheduled for development coordinating committee review within approximately fourteen days. (Prior Code § 10-132.2 (part))

Section 12-39.04. Development plan. (a) Number of Prints. Fifteen (15) prints of a preliminary development plan shall be submitted to the Community Development Department. (b) Contents. The preliminary development plan shall be accurately drawn to scale and shall contain the following information: (1) A key or location map on which shall be shown the general area including adjacent property, subdivisions and roads; (2) North point, scale and legal description; (3) Name and address of record owner or owners; (4) Name and address of the person or firm who prepared the preliminary development plan; (5) Land area to the nearest tenth (1/10) of an acre; (6) Contour lines of the entire property or elevation points sufficient to indicate slope of property; (7) Location, name and existing width of all adjoining highways, streets and ways; (8) Location of all permanent buildings and proposed use of each. Also indicate size and number of storage spaces within each building; (9) Any outside storage area; (10) On-site parking; (11) Areas to be landscaped; (12) Location, width and direction of traffic flow of all roadways and driveways within the development; (13) Location of fences and screen walls, and the design and materials to be used. (Prior Code § 10- 132.2(a))

12-39-1 CHAPTER 12-40 ENVIRONMENT

Section 12-40.01. Conformance to state provisions. The City, all public agencies of the City and every citizen of Santa Maria have the responsibility to comply with the California Environmental Quality Act, and to comply with the environmental guidelines adopted by the Department for Resources of California which are found in Division 6, Title 14 of the Administrative Code. (Prior Code § 10-135.1 (part))

Section 12-40.02. Environmental review procedures. (a) In accordance with the provisions mentioned in Section 12-40.01, the City has adopted the document, "Environmental Procedures," which outlines the City's environmental review process. (b) All zoning actions are required to follow the procedures as set forth in "Environmental Procedures," as established by Resolution Number 77-4396, or as the same may be amended from time to time. (Prior Code § 10- 135.1 (part))

12-40-1 CHAPTER 12-41 INTERPRETATION AND APPEALS

Section 12-41.01. Applicability. The sections of this chapter constitute regulations as to interpretation limited to this title. (Prior Code § 10-133)

Section 12-41.02. Previous or conflicting provisions. Except as specifically provided in this title, this title shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided, however, that in any instances where this title imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings, or the use of any building or structure, than is imposed or required by an existing law, ordinance or regulation, the provisions of this title shall control. (Prior Code § 10-133.1)

Section 12-41.03. Similar uses and slight modifications. Uses which the Community Development Director determines to be similar to the permitted or conditional uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, are compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted or conditional uses therein. The Community Development Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative. (Prior Code § 10-133.2)

Section 12-41.04. Appeal to Planning Commission. (a) Whenever this title provides for a decision, interpretation or other action by the zoning administrator, any person affected thereby may appeal the action to the Planning Commission, in the manner provided in this section. (b) Appeal shall be made in writing and filed with the Community Development Director within ten (10) calendar days following the final action of the Community Development Director. Upon receipt of the appeal, the Community Development Department shall place the matter on the Planning Commission regular meeting agenda within thirty calendar days of receipt thereof. (c) Following consideration of the subject appeal, the Planning Commission may affirm, reverse or modify the decision of the Community Development Director. If the Planning Commission takes no action on the appeal within forty-five (45) calendar days after the filing thereof, the Community Development Director's action is affirmed. (d) Notwithstanding any provision in this section or in Chapter 12-39, if the subject appeal is a matter of legal interpretation the matter shall be submitted to the City Attorney, whose decision shall be determinative. (Ord. 83- 1065 § 1 (part), eff. 1/5/84: prior Code § 10-133.3)

Section 12-41.05. Appeal to City Council. (a) Notwithstanding any provisions set forth in this title, any final action of the zoning administrator, the Community Development Director or the Planning Commission, pursuant to this title, shall be subject to review by the Council upon an appeal filed in the time and manner provided in this title for such appeals. (b) In any case where a time period in days is provided in this title for an appeal, that period shall be numbered in workdays, excluding Saturdays, Sundays and holidays, and not in calendar days. In the event an appeal is to be taken to the Council, not otherwise provided for in this title, the appeal must be filed in writing within not more than fourteen (14) calendar days following the action appealed from and shall state the specific reasons for the appeal, including, but not limited to, statements of errors of law or fact which are alleged to have occurred in the action and proceedings appealed from. (Ord. 86-32 § 9(E), eff. 2/19/87; prior Code § 10-133.4)

Section 12-41.06. Administrative interpretation of conditions of discretionary permits. (a) Any person who is named in a written warning notice of violation of any condition of a use permit, planned development permit, variance or other discretionary permit may apply for an interpretation of the condition. To receive an interpretation the person shall, within seven (7) calendar days after the date of the notice: (1) Submit a written request for interpretation to the Community Development Department. The request must set out the condition(s) to be interpreted and the applicant's interpretation of the condition(s); (2) Pay a processing fee.

12-41-1 (b) Within thirty (30) calendar days after receiving a request for interpretation that meets the requirements of subparagraph (a), the secretary of the Planning Commission shall: (1) Schedule an interpretation hearing before the Planning Commission; (2) Cause a report containing the applicant's and the staff's interpretation of the condition(s) to be prepared; (3) Deliver notice of the hearing and a copy of the report to the Planning Commission and applicant. (c) Following consideration of the application, staff report and other oral or written evidence presented at the hearing, the Planning Commission shall issue a written interpretation of the condition(s). If the Planning Commission has not issued an interpretation within forty-five (45) calendar days of the Department's receipt of a timely application and fee, the interpretation set out in the staff report shall be considered the commission's interpretation. The Planning Commission, however, may continue consideration of its interpretation for more than forty-five (45) days by a majority vote. In either case, the interpretation shall be considered a final action for purposes of Section 12-41.04. (d) There shall be a processing fee for an administrative interpretation of condition(s) of a discretionary permit, established by resolution of the City Council and in an amount not to exceed the reasonable costs of processing the interpretation. The fee shall be set out in the Schedule of Fees and Charges in Volume 4 of this Code and may be modified from time to time by the City Council. (e) Notice of this section shall be provided to all persons named in the warning notice described in subsection (1) of this section, at or before the time of the warning notice. (Ord. 91-11 § 1, eff. 7/18/91)

12-41-2 CHAPTER 12-42 ADMINISTRATION AND ENFORCEMENT

Section 12-42.01. Zoning administrator. (a) There is established the office of zoning administrator. The Director of Community Development shall, ex officio, be the zoning administrator and shall have such duties as shall be assigned to him by the provisions of this title or which may be lawfully delegated to him by the Planning Commission. (b) The zoning administrator is granted the authority to review building plans to determine if the provisions contained in Sections 12-6.16, 12-6A.16, 12-7.17 or 12-8.16 of this title are violated. The zoning administrator may require plans and buildings to be modified so that the potential to convert a legal dwelling unit to additional units is minimized. Such action may include, but not be limited to, the removal of kitchens, showers, baths and walls. The zoning administrator shall make requirements consistent with Section 12-1.01 of this title, General provisions, and Section 12-1.02 of this title, Purpose. (c) Uses which the zoning administrator determines to be similar to the permitted or conditional uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and which are of a comparable nature and of the same classes as the uses enumerated for the district, shall be allowed as permitted or conditional uses therein. The zoning administrator, using professionalism and good judgment, may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of the zoning ordinance. (Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 88-6 § 1(J), eff. 6/2/88; Ord. 85-1109 § 1 (5) (part), eff. 1/2/86)

Section 12-42.02. Reapplication after denials. When an application for zone change, variance, conditional use permit or planned development permit is denied by the Planning Commission or the City Council, a new application shall not be accepted for a period of two (2) years from the date of denial. Upon written request, the Planning Commission by an affirmative vote of not less than a majority of its members, may waive this requirement if it is shown that a substantial change of conditions has taken place in the area in which the property is located or that additional and pertinent information is available which was not brought out at the public hearing and that a waiting period of two (2) years would create an unusual hardship. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-129A)

Section 12-42.03. Violation: Nuisance. It is found and determined that the violation of any term or provision of this title, or of any term or condition of development plans, variances, permits or other authorizations issued pursuant to this title, is a public nuisance, detrimental to the public health, welfare and safety, and especially detrimental to the safety, welfare and values of adjoining and nearby real property. The City Attorney is authorized to initiate and prosecute to completion all lawful proceedings to abate the same. (Prior Code § 10-134.1)

Section 12-42.04. Violation: Misdemeanor. (a) Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title is guilty of a misdemeanor punishable as provided pursuant to Chapter 1-6 of this Code. (b) Any person who agrees to the conditions of a discretionary permit described in Section 12-41.06(a) of this Code and any person who succeeds to the benefits of such a permit, who violates a condition of that permit after the permit has become effective, is guilty of a misdemeanor punishable as provided in Chapter 1-6 of this Code. Provided, however, that this section shall not apply to any person who has applied for an interpretation of that condition in strict conformance with Section 12-41.06 of this Code while interpretation proceedings are pending. (Ord. 90-1 § 2 (part), eff. 3/8/90: prior Code § 10-134.2 (part))

Section 12-42.05. Violation: Permitting. Every person who lets or permits to be used any land, premises, buildings or structures, or any portion thereof, knowing that it is to be used for setting up, maintaining or carrying on a land use contrary to the provisions of this title, is guilty of a misdemeanor. (Ord. 83-1065 § 1 (part), eff. 1/5/84: prior Code § 10-134.2(a))

12-42-1 Section 12-42.06. Enforcement proceedings unrestricted. The provisions of this chapter shall not be construed as a limitation upon, or a waiver of, any other means of enforcement of this title, and the City Attorney is authorized to initiate and maintain criminal and civil proceedings to enforce all of the provisions of this title and the conditions of development plans, variances, permits or other authorizations issued pursuant to this title by proceedings in any court of competent jurisdiction in law or in equity. Each and all enforcement proceedings, to the extent permitted by law, shall be regarded as cumulative. (Prior Code § 10-134.3)

12-42-2 CHAPTER 12-43 OUTDOOR DISPLAY OF MERCHANDISE

Section 12-43.01. Outdoor storage and outdoor display of merchandise prohibited: Exceptions. The outdoor storage and outdoor display of merchandise for sale by a business establishment is prohibited in all zoning districts in the City except for: (a) Approved vehicle and trailer sales or rental; (b) Heavy equipment and heavy machinery sales and rental; (c) Newspaper stands or vending machines; (d) Displays specifically permitted by state law or other sections of this chapter; (e) Flowers, nursery plants and cut flowers when displayed in a manner and location approved by the Community Development Department or at a certified farmers’ market or legal nonconforming swap meet; (f) Lumber and building material yards with a conditional use permit; (g) Tire sales facilities may display one tire rack within ten (10) feet of the building, provided the rack is stored inside the building when the business is closed; (h) Temporary outdoor display permitted under Section 12-35.301 of this Code, including: (1) Christmas trees, (2) Garage sales, (3) Fireworks sales, (4) Temporary display and sale in connection with an established business, (5) Pumpkins. (Ord. 2009-06, eff. 3/19/09; Ord. 2009-04, eff. 1/20/09;Ord. 2005-04, eff. 5/19/05; Ord. 90-1 § 2 (part), eff. 3/8/90; Ord. 85-1109 § 1 (8) (part), eff. 1/2/86)

Section 12-43.02. Outdoor display of merchandise prohibited. The outdoor display of merchandise by a business establishment is prohibited in all zones, notwithstanding the exceptions codified in subsections (a) through (h) of Section 12-43.01 of this title in the following areas: (a) Areas set aside, required, designated or marked for vehicular parking, drive isles, driveways and emergency alleys, except as permitted under Section 12-35.301 and as approved by the Community Development Department; (b) Public sidewalks, landscaped areas or parkways; (c) Designated or required landscape areas on private property; or (d) Private sidewalks so as to either create a safety hazard or to block the reasonable flow of pedestrian traffic or handicapped access. (Ord. 2005-04, eff. 5/19/05; Ord. 85-1109 § 1 (8) (part), eff. 1/2/86)

Section 12-43.03. Nonconforming uses inapplicable. Chapter 12-31 regarding nonconforming uses, structures, lots and parking is inapplicable to this chapter. (Ord. 85-1109 § 1 (8) part), eff. 1/2/86)

Section 12-43.04. Violation is an infraction. The violation of this section is an infraction as set forth in Section 1-6.01 of this Code. (Ord. 85-1109 § 1 (8) (part), eff. 1/2/86)

12-43-1 CHAPTER 12-44 LANDSCAPE STANDARDS

Section 12-44.01. Purpose. It is the purpose of this division to prescribe the policies and regulations for landscape development that will provide for the creation of a water conserving, functional and aesthetic outdoor environment, consistent with the Environmental Resource Management Element of the General Plan and Government Code Section 65590 et seq. (Water Conservation in Landscaping Act). (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.02. Definitions. Unless the context requires otherwise, the following definitions shall apply to this chapter: (a) "Anti-drain valve or check valve" means a valve located under a sprinkler head to hold water in the system to minimize drainage from the lower elevation sprinkler heads. (b) "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. (c) "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations to set the days and length of time of a water application. (d) "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (e) "Canopy dripline" means the line or ring that would be drawn on the soil around a tree directly under its most outermost branches. (f) "Certificate of Substantial Compliance" means a one (1) page document signed by the appropriate licensed or certified professional certifying that the improvements have been installed in accordance with the approved plans. (g) "Drought tolerant plants" means those plants that will, after becoming established, remain healthy in the proposed location on irrigation limited to a maximum of twelve (12) inches of water per square foot per year. (h) "Emitter" means a drip irrigation fitting that delivers water slowly from an irrigation system to the soil. (i) "Establishment period" means the first year after installing the plant in the landscape. (j) "Hydrozone" means a portion of landscaped area having plants with similar water needs that are served by a valve or set of valves with the same irrigation schedule. (k) "Infiltration rate" means the rate of water entry into the soil, expressed as a depth of water per unit of time (inches per hour). (l) "Irrigation efficiency" the measurement of the amount of water beneficially used, which is the amount of water stored in the root zone, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. (m) "Moisture sensing device" means a device that measures the amount of water present in the soil. (n) "Mulch" means any organic material such as leaves, bark or straw which is applied to the soil surface to reduce evaporation and erosion. (o) "Overspray" means the water which is delivered outside of the planted areas, wetting pavements, walks, structures or other planted areas. (p) "Parking areas" means areas that are paved with asphaltic or concrete surface and used for surface parking. (q) "Planting" means live vegetative material under permanent irrigation including live trees, shrubs, vines, ground covers, flowers and lawn. (r) "Rain sensing device" means a system which automatically shuts off the irrigation system during rain. (s) "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area or across property lines. (t) "Station" means planted area served by one valve or by a set of valves that operate simultaneously. (u) "Water Conservation Concept Statement" means a one (1) page checklist and a narrative summary of a development project; applies only to Category II projects. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.03. Provisions and Applicability. (a) Landscape standards are grouped according to project categories. All development, except as exempted herein, will fall under one of two categories, depending on the project size and type of planning review required. For example, basic landscape requirements are listed for Category I and apply to all smaller projects. Larger, more complex projects, where the potential for water saving is greater, must meet the additional set of requirements listed for Category II. (b) Project categories are as follows: (1) CATEGORY I - All projects on parcels less than 10,000 square feet in size. (2) CATEGORY II - All projects on parcels greater than 10,000 square feet in size.

12-44-1 (c) This chapter shall apply to all new landscaping for public and private development with the exception of owner-provided landscaping on single-family lots (i.e. private yards), cemeteries, and registered historical sites. (d) The requirements of this chapter are intended to integrate with other regulations and conform to other sections of the Code pertaining to setbacks, open space and the treatment of exterior spaces. In the event of ambiguity between this chapter and another provision of this Code, the more restrictive provision shall control. (e) The Community Development Department shall evaluate all projects for conformance with these standards. A Certificate of Substantial Compliance shall be completed and submitted to the Community Development Department prior to issuance of the final Certificate of Building Occupancy or immediately upon installation of the landscaping. (f) Decisions of the Zoning Administrator are appealable to the Planning Commission. Decisions of the Planning Commission are appealable to the City Council, according to the appeal provisions of Chapter 41 of Title 12 of the Municipal Code. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.04. Specific landscape design standards. (a) Plant materials shall be appropriate for the slope, soils, proposed use, and exposure (sun/shade) of the specific site. Plant materials including turf shall be water conserving species or varieties capable of surviving on minimal irrigation once established. (b) Passive and/or active solar access, for all proposed structures, as well as any adjacent existing structures, shall be considered in the placement of trees and selection of species. (c) Mowed turf shall not be used in narrow planters, raised beds, and other relatively small planters. However, it may be used when it serves as a landscape ground cover in a functional active recreation area, a retardation basin, a pedestrian accessway, a parkway, a front yard of a residence, or a highly visible planter area adjacent to the street. (d) Non-living organic or inorganic materials, such as mulch or decorative rock, may be used to accent or complement the overall planting but in no case shall serve as the primary ground cover treatment. The inclusion of non-living materials as ground cover is acceptable, provided the proportion of plants to areas is one 5-gallon plant per twenty-five (25) square feet of planter area, or one 1-gallon plant per ten (10) square feet of planter area. (e) Decorative paving and alternative ground covers, such as concrete, brick, wood pavers, pathway bark, wood chips, or turf block may be used to attractively landscape pathways, service areas, emergency vehicle accessways, or areas difficult to maintain. (f) Curbs, headerboards, pavers, and other decorative materials shall be used to reduce irrigation runoff into non-planted areas and to define the boundaries of turf, planter areas, or property lines where fencing is not provided. (g) Protection and preservation of native species and natural areas shall be encouraged. (h) Water features shall be designed and maintained to use water efficiently and minimize water loss through evaporation. Pools, ponds, decorative fountains, and other similar ornamental water features shall use a recirculating water system. (i) A layer of mulch shall be provided in all planted areas to reduce soil moisture evaporation and discourage weed growth. The thickness of mulch shall be determined at the plancheck stage based on the plant material proposed. The use of weed barrier cloth is encouraged. (j) On planted slopes of 3:1 or steeper, jute mesh, straw matting, or comparable biodegradable material shall be used to control irrigation runoff, reduce soil erosion, and allow plants to become established. (k) When building and boundary walls are adjacent to planters, a minimum of one 15-gallon size tree per thirty (30) linear feet of wall shall be provided. (l) Parking areas shall be screened, softened and shaded by conformance to the following requirements: (1) A minimum of one 15-gallon tree shall be provided per six (6) parking spaces. Trees in planters adjacent to the parking area, as required by other sections of this ordinance, may be utilized to meet this requirement. (2) Parking areas shall be adequately landscaped to prevent large, uninterrupted expanses of paving. A minimum of two-hundred (200) square feet of planter areas shall be provided within the parking area per twenty (20) parking spaces. (3) When the planter also serves as vehicular "overhang" area, a minimum width of four (4) feet of planting area per single row of parking and a minimum width of seven (7) feet of planting area per double row of parking shall e provided, unless more is required per other sections of Title 12, (i.e. setbacks). (4) Three (3) foot high screening shall be provided using berms, shrubs, or a combination thereof, to screen parking areas from public streets. This does not preclude the use of trees in such areas as long as trees are planted a minimum of ten (10) feet from any driveway approach to avoid sight obstructions.

12-44-2 (5) Special consideration shall be given to the placement of trees and shrubs in parking lot planters to maintain safe distances from vehicular travel ways, driveways, and walkways for proper visibility. (6) When selecting trees to be used in parking lot areas, the species chosen should be water conserving, low maintenance, litter-free, evergreen, and deep rooted. Whenever possible, trees species providing a shade canopy are encouraged to aid in reducing the amount of reflected heat in parking lot areas. (m) Storm water retardation basins, when required, must be incorporated into the landscape scheme of a proposed project. The following requirements are intended to accomplish this objective: (1) No more than fifty percent (50%) of the required front setback landscaped area along the street frontage shall be encumbered for a retardation basin area unless the basin is less than one foot in depth. (2) The surface of the basin shall be provided with appropriate permanent ground cover and irrigation. (3) Retardation basins should be designed for recreational purposes where possible. Banks of the basin shall not exceed a 4:1 slope. Basins shall be designed with a minimum bottom slope of one percent (1%) to drain properly, except that a slope of 0.2% is allowed if a low flow nuisance water bypass is used (either underground pipe or one (1) foot wide ribbon gutter). When used for active recreational purposes, the bottom of the basins shall be planted with turf and shall be accessible for maintenance. (4) Retardation basins, when adjacent to public rights-of-way, shall receive tree and shrub planting at the ratio of one 15 gallon tree per twenty-five (25) linear feet of basin perimeter and one 5-gallon shrub per one-hundred (100) square feet of basin bank area to ensure a mitigating effect on visual impacts and integration with surrounding plantings. (n) The location, size and species of all existing trees in excess of six (6) inches in diameter and any existing street trees, shall be indicated on landscape plans submitted to the City. Existing trees shall be retained unless the finding can be made by the City Parks Department staff that the preservation of the tree presents a hazard to the health, safety and general welfare of the public or cannot be reasonably accommodated by the proposed development. (1) The grades around existing trees designated to remain shall not be altered more than three (3) inches within the area from the trunk to the canopy dripline. (2) Pavement within the canopy dripline of existing trees should not exceed twenty-five percent (25%) of the area of the canopy. (3) Existing trees that are approved for removal shall be replaced by suitable species sized as follows or as approved by the Zoning Administrator:

Size of Tree Removed Replace With 6" to 8" trunk diameter 2 24" box size trees (at 4' 6" height) (3" to 5" trunk diameter) 9" to 12" trunk diameter 4 24" box size trees (at 4' 6" height) (3" to 5" trunk diameter) 12"+ trunk diameter 6 24" box size trees (at 4' 6" height) (3" to 5" trunk diameter)

(o) Existing or proposed parkways shall be provided with ground cover not to exceed three (3) feet in height as approved and determined at the time of landscape plan review or improved with permanent materials as approved by the Public Works Department. Loose non-living organic or inorganic materials, such as wood chips or decorative rock, shall not be used in parkway areas. (p) Special landscaping requirements may be imposed by the Planning Commission and/or City Council on certain major streets, such as Miller Street and College Avenue. This may include special requirements for the design of plantings, irrigation systems, walkways, and walls within the public right-of-way. (q) Backflow prevention devices, including fire sprinkler devices, shall be identified on the landscape plan and provided with adequate landscape screening. (r) Clinging vines and/or vertical planting shall be provided on trash enclosure walls and any other masonry walls where appropriate to soften the visual effects of the built environment and discourage graffiti. (s) All landscaping areas on the property and in the public parkway shall be permanently maintained with healthy, growing plant material, free from weeds, as shown on the approved landscape plan. Landscaping shall be watered in accordance with the approved maintenance and watering schedule that is incorporated into the landscape plan.

12-44-3 (t) For the purpose of buffering and screening between two adjoining incompatible land uses as defined in the Land Use Element of the General Plan, such as residential and non-residential, the required setback areas shall be landscaped. (u) All required front, rear and side yard areas shall include planted areas suitable for mitigating glare, noise and adverse views, and provide a soft, pleasing environment. The minimum proportion of open space to gross site areas shall be in conformance with the requirements specified in other sections, but in no case shall the planted area be less than fifteen percent (15%) of the site area in commercial and manufacturing districts and twenty-percent (20%) of the site area in multi-family residential districts. These percentages of planted areas are minimums and additional area may be required through the planned development permit or conditional use permit process. In no case shall the total requirement for planted open space be met solely in the required front setback unless otherwise approved by the Zoning Administrator. (v) A "Landscape Development Guidebook" and other information on drought tolerant plants, irrigation efficiency and water conservation measures is available at the Community Development Department to assist in planning water efficient landscapes. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.05. Specific Irrigation Design Standards. The following standards related to the design of the irrigation system are intended to promote water conservation. (a) All projects shall include an automatic underground irrigation system. On-surface drip irrigation or temporary surface PVC pipe systems may be approved in special cases. (b) Plants with similar needs for water usage shall be grouped together in distinct hydrozones and irrigated by separate valves and controller stations. For example, lawn areas shall be irrigated separately from ground cover areas. Areas with sunny exposures shall be watered separately from areas with shady exposures to prevent over watering. (c) Soil type, slope, and infiltration rate shall be considered when designing irrigation systems and selecting equipment to limit wasteful runoff and overspray. All irrigation systems shall be designed to ensure the application of water at a rate that can be absorbed into the soil. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates, to minimize or eliminate runoff. Conditions such as water flowing onto adjacent property, into non-irrigated areas, structures, or hardscape areas are prohibited in accordance with Title 8, Section 8-10-33 of the Municipal Code. (d) To promote irrigation efficiency, irrigation systems shall be designed, maintained, and managed using such techniques as low-precipitation heads, drip irrigation, moisture sensing devices, rain sensing devices, check valves, and other water conserving techniques where appropriate. Whenever possible, irrigation shall be scheduled between the hours of 2:00 a.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature. (e) Temporary irrigation systems may be used for undeveloped areas that have been hydroseeded with native or drought tolerant ground covers. These systems should be removed after the establishment period. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.06. Submittal requirements. (a) CATEGORY I PROJECTS (All projects on parcels less than 10,000 square feet in size). The following is required to be submitted for all Category I Projects: (1) Landscape Documentation Package that includes the elements described below: (A) Landscape Design Plan. The Landscape Design Plan shall be prepared by a professional in a landscape related field, consistent with State Law, and include the following: (i) Scale, north arrow, property lines, existing and proposed structures, streets, major natural features, walls, fences, slopes, berms, retardation basins, drainage structures, such as concrete swales, trash enclosures, site lighting, sewer laterals, utility transformers, street hardware, concrete curbing, headerboard, decorative paving, and other site elements that relate to or affect the overall landscape. (ii) Existing trees to be removed or retained noted by species, location, trunk diameter, height, overall condition and expected useful life. (iii) Planting symbols illustrating locations and identifying proposed plantings. (iv) Plant legend listing proposed plant materials and required street trees by common and botanical names, size, type, and quantity. (v) Plant installation details. (vi) Name, address, and permit number if applicable, of the project.

12-44-4 (vii) Name, address, and telephone number of the applicant or the person who has prepared the plans. (viii) The Landscape Design Plan shall be consistent with the approved site and grading plans for the project. (B) Irrigation Design Plan. The Irrigation Design Plan shall be prepared by a professional in a landscape related field, consistent with State Law, and include the following: (i) Scale, north arrow, property lines, existing and proposed structures, streets, major natural features, existing trees, walls, fences, slopes, berms, retardation basins, drainage structures, such as concrete swales, and underground utilities. (ii) Design of proposed irrigation system including location, size, and type of components such as main and lateral lines, sprinkler heads, drip emitters, backflow prevention devices, automatic controllers, sleeves, electrical conduit, and moisture sensing devices, if utilized. (iii) Schedule identifying proposed irrigation equipment by symbol, manufacturer, model, and type. (iv) Irrigation equipment installation details. (v) Notes identifying available pressure and circuit flow rates. (vi) Statistics listing total paved area, designation of hydrozones, and percentages of total site area devoted to irrigated turf. (vii) Name, address, and permit number if applicable, of the project. (viii)Name, address, and telephone number of the applicant or the person who has prepared the plans. (C) Certificate of Substantial Compliance. (i) Certificate of Substantial Compliance shall be prepared and signed by a professional in a landscape related field, consistent with State Law, certifying that the landscape planting and irrigation installation complies with City approved plans. The completed Certificate shall be submitted to the City and the owner of record prior to issuance of the Certificate of Occupancy. Copies of this form are available at the City of Santa Maria Community Development Department. (ii) CATEGORY II PROJECTS (All projects on parcels greater than ten-thousand (10,000) square feet in size). The following is required to be submitted for all Category II Projects: (1) Landscape Documentation Package described in Section 12-44-06(a)(1). (2) Water Conservation Concept Statement which is a narrative summary of the project and a checklist verifying that the elements of the Landscape Documentation Package have been completed. Copies of this form are available at the City of Santa Maria Community Development Department. (3) Planting notes describing the water conservation measures taken and how the landscape design meets the aesthetics or functional requirements of the site and of the proposed land use, including landscape screening, solar access, climate modification and erosion control. (4) Section/elevation view through the site showing the relationships between planting design, buildings, site improvements and design. (5) Maintenance program describing general maintenance procedures, such as watering frequency and responsibilities, replanting, pruning, irrigation equipment repair and programming, weed control, and fertilizing. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

Section 12-44.07. Other Plan requirements and review. Preliminary, conceptual landscape plans may be required for Planned Development (PD) and Conditional Use Permit (CUP) applications, and multiple family residential applications greater than four (4) units. These plans must be submitted to the Community Development Department for review and include the following: (a) A scaled plan indicating the general locations of all existing and proposed trees, shrub massings, and ground covers. Actual plant names are not required to be specified at this time. (b) Illustration of all walls, fences, sloped banks, berms, retardation basins, trash enclosures, site lighting, sewer laterals, utility transformers, street hardware, and other site elements that relate to or affect the overall landscape. (c) Notes describing the proposed method of irrigation. (Ord. 92-20, eff. 01/14/93; Ord. 92-20, eff. 1/14/93)

12-44-5 CHAPTER 12-45 REGULATION OF ADULT BUSINESSES.

Section 12-45.101. Purpose. The purpose of this chapter is to regulate Adult Oriented Businesses which, because of their very nature, are believed to have many of the recognized significant secondary effects on the community which include, but are not limited to: higher crime rates, noise, debris or vandalism in the vicinity of Adult Oriented Businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the Adult Oriented Businesses. It is neither the intent, nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this chapter to restrict or deny access by adults to Sexually Oriented Materials or Merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of Adult Oriented Business to their intended market. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. (Ord. 93-20, , 08/05/93; Ord. 00-01, eff. 2/01/01)

Section 12-45.102. Definitions. (a) “Adult Bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes Adult Merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (b) “Adult Cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or other oral, written, or visual representations which are characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (c) “Adult Hotel or Motel” means a hotel or motel, which as a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television or other medium, material which is distinguished or characterized by the emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts and which (1) rents, leases, or lets any room for less than a twelve (12) hour period; (2) rents, leases or lets any room more than once in a twenty four (24) hour period; and/or (3) which advertises the availability of any of the above. (d) “Adult Model Studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photographed, filmed, or videotaped for a fee, or any other thing of value, as a consideration, compensation, or gratuity for the right or opportunity to so observe the model or remain on the premises. Adult Model Studio shall not include any Live Art Class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code, as those sections may be amended from time to time. (e) “Adult Motion Picture Arcade” means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual in Individual Viewing Areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. (f) “Adult-Oriented Business” means any business establishment or concern which as a regular and substantial course of conduct performs as an Adult Bookstore, Adult Theater, Adult Motion Picture Arcade, Adult Cabaret, Stripper, Adult Model Studio or Adult Hotel/Motel (but not Clothing Optional Hotel/ Motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes Sexually Oriented Merchandise or Sexually Oriented Material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts. "Adult Oriented Business" shall also include any business establishment or concern which, as a regular and

12-45-1 substantial course of conduct provides or allows performers, models, actors, actresses, or employees to appear in any place in attire which does not opaquely cover Specified Anatomical Parts. "Adult Oriented Business" does not include those uses or activities, the regulation of which is preempted by state law. For purpose of this chapter, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to Specified Sexual Activities or Specified Anatomical Parts as a regular and substantial course of conduct when one or more of the following conditions exist: (1) The area devoted to Adult Merchandise and/or Sexually Oriented Material exceeds more than twenty- five percent (25%) of the total display or floor space area open to the public; (2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on Specified Sexual Activity or Specified Anatomical Parts at least six (6) times in any month in any given year; (3) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (g) “Adult Theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (h) “Children’s School” means an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to the standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning under the jurisdiction of the State Department of Education, but does not include a vocational or professional institution or an institution of higher education including a community or junior college, college, or university. (i) “Church” means a building or buildings which are used primarily for religious worship and related religious activities. (j) “Establish” means, with reference to an Adult Bookstore, Adult Cabaret, Adult Hotel or Motel, Adult Model Studio, Adult Motion Picture Arcade, Adult Theater, or other adult business: (1) Opening or commencement of operation as a new business. (2) Conversion of an existing business to an adult business. (3) Addition of an Adult Oriented Business to an existing business, whether or not adult, if the addition results in enlarging the place of business. For purposes of this paragraph, enlargement means an increase in the size of the building or area in 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. (k) “G-string” means an article of clothing that opaquely covers the buttocks at least one (1) inch on either side of the natal cleft and covers the entirety of the genitalia and pubis. (l) “Individual Viewing Area” means any area used for viewing live performances, pictures, movies, videos or other presentations which has a potential maximum occupancy of ten (10) persons or less as determined by the Building Official under the adopted Uniform Building Code. (m) “Live Art Class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing, or sculpting of live models exposing Specified Anatomical Parts; instruction is offered in a series of at least two (2) classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and pre-registration is required at least twenty-four (24) hours in advance of participation in the class. (n) “Live Entertainment” means any display by a human being which is characterized by an emphasis on Specified Anatomical Parts or Specified Sexual Activities. (o) “Public Park” means a park, playground, swimming pool, beach, pier, public reservoir, lineal parkway or bikeway, or similar athletic field within the City of Santa Maria which is under the control, operation or management of the City Department of Recreation and Parks. (p) “Pasties” means an article of clothing that opaquely covers the nipple and areola of the female breast. (q) “Performer” means any dancer, entertainer, model, or other person who performs Specified Sexual Activities or displays Specified Anatomical Parts in an Adult Oriented Business. (r) “Sexually Oriented Material” means any element of any merchandise, including but not limited to any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral, or visual representation or presentation which, for purposes of sexual arousal, provides depictions which are

12-45-2 characterized by an emphasis on matter depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Parts. (s) “Sexually-Oriented merchandise” means sexually oriented implements and paraphernalia, including, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity. (t) “Specified Anatomical Areas” means (1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (u) “Specified Sexual Activities” means (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship, any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or (2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation; or (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or (5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or (6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or (7) Human excretion, urination, menstruation, vaginal or anal irrigation; or (8) The removal of clothing to the point where specified anatomical parts are either not opaquely covered or minimally covered with devices commonly referred to as Pasties and G-strings or equivalent clothing. (Ord. 93- 20, eff. 08/05/93; Ord. 00-01, eff. 2/1/00).

Section 12-45.103. Permitted Locations. Adult Oriented Businesses may be established only in the C-1 (central business district) and C-2 (general commercial) zones. (Ord. 93-20, eff. 08/05/93; Ord. 00-01, eff. 2-1-00).

Section 12-45.104. Prerequisites. No Adult Oriented Business may be established unless the owner of the business first obtains a business license from the City of Santa Maria and complies with all other requirements of the Santa Maria Municipal Code. The above notwithstanding, no Adult Oriented Business will be required to obtain a conditional use permit or planned development permit. If an adult oriented business intends to serve alcoholic beverages, the business will first be required to obtain a conditional use permit from the City for the sale of alcoholic beverages. (Ord. 93-20, eff. 08/05/93, Ord. 00-01, eff. 2/1/00).

Section 12-45.105. Locational and Operational Requirements. (a) The Adult Oriented Business shall not be located within seven hundred fifty (750) feet of any lot upon which there is properly located a Public Park, Children’s School, Church, or City Public Library or any of its branches. 1 (b) The Adult Oriented Business shall not be located within seven hundred fifty (750) feet of any other Adult Oriented Business.1

1 The required distances for separation shall be measured using a straight level line, without regard to intervening structures or objects. The required distance separation between Adult Oriented Businesses shall be measured as follows. The measurement shall start at the closest exterior wall of the structure of one of the businesses, if the business is located by itself in a free standing structure, or the closest point of the tenant space if the business is located in part of a building. The measurement shall end at the closest exterior wall of the structure of the other business if the other business is located by itself in the a free standing structure, or the closest point of the tenant space of the other business if the other business is located in a part of a building. The required distance separation between an Adult Oriented Business and the City’s Public library, City library branches, Churches, Children’s Schools, and Public Parks shall be measured as follows. The measurement shall start from the nearest exterior wall of the structure of an Adult Oriented Business, if it is located by itself in a free

12-45-3 (c) Notwithstanding any other provision of this Code, any person desiring to establish an Adult Oriented Business may, at any time, file an application for a business license for the proposed business. The application will be deemed complete and accepted by the City so long as the application form prescribed by the City is completed. The business license shall be issued as a provisional license immediately upon the owner’s submitting a completed application and paying of an applicable administrative fee or tax. The application shall be reviewed and shall be issued by the City within thirty (30) calendar days of receipt of the application if all of the required findings can be made. The decision of the City to grant or deny the license is final, and subject to judicial review according to the expedited provisions of Code of Civil Procedure §1094.8. If the business is not Established within two (2) years of the date the license is issued, the provisional business license shall automatically expire and all distance requirements specified by this section shall be reevaluated as of the day a new business license application is filed. Otherwise, the provisional license shall expire upon granting of a permanent license, denial of a permanent license, or final court judgment approving denial of the license, whichever occurs last. This subsection is intended to avoid a prior restraint on first amendment activity of an Adult Oriented Business. It does not excuse an Adult Oriented Business from complying with other operational rules, performance standards, occupancy limits, and similar requirements of this Code. (d) The Adult Oriented Business will not be located completely or partially within any mobile structure or pushcart. (e) The Adult Oriented Business will not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use or which would increase occupancy beyond the maximum building occupancy as determined by the Building Official of the City of Santa Maria as required by law. (f) The Adult Oriented Business will not conduct any massage, tattooing, acupressure, fortune-telling or escort services on the premises. (g) The Adult Oriented Business will provide a security system that visually records and monitors all parking lot areas. All indoor areas of the Adult Oriented Business accessible to the public will be open to public view at all times with the exception of restroom facilities. "Accessible to the public" will include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization as well as any area of the establishment where a patron can go. (h) The Adult Oriented Business shall comply with the City's sign regulations. (i) The Adult Oriented Business shall comply with the objective development and design requirements of the zone in which it is to be located. (j) The Adult Oriented Business shall not allow admittance to any person under the age of eighteen (18) if no liquor is served, or under the age of twenty-one (21) if liquor is served. (k) For the two years prior to establishing the Adult Oriented Business and at all times during its operation in Santa Maria, neither the owner (if an individual) nor any of the directors, officers or general partners (if a corporation or partnership) of the Adult Oriented Business shall have been found guilty of a misdemeanor or felony classified by the State as a sex-related offense, including but not limited to Penal Code sections 266a-c, 266e, 266g- i, 315, 316, 647 sub. (a) or (b), or have either had an Adult Oriented Business Permit or similar license or permit suspended or revoked or have otherwise been found to have violated any of the provisions of an Adult Oriented Business Permit or similar permit, license or ordinance in any City, county, territory, or state. Nor shall any such person be on parole or probation for any of the aforementioned violations. (l) The owner of the Adult Oriented Business shall provide separate restroom facilities for male and female patrons. The restrooms will be free from Sexually Oriented Materials and Sexually Oriented Merchandise. Only one (1) person will be allowed in the restroom at any time, unless otherwise required by law, in which case the owner of the Adult Oriented Business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the public portion of the restroom during operating hours. The owner shall ensure that the attendant permits no person of the opposite sex in the restroom, not more than one (1) person to enter a restroom stall, and, with the exception of urination and excretion, permit no persons to engage in any Specified Sexual Activity in the public portion of the restroom.

standing structure, or from the tenant space if the business is located in part of a building. The measurement shall end at the closest lot line of the property upon which the City Public Library, church, children’s school, or public park exists or operates. The distance requirements imposed by subdivision (a) shall be evaluated as of the date the Adult Oriented Business files a completed business license application with the City.

12-45-4 (m) The interior of the Adult Oriented Business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises, including but not limited to the interior of all Individual Viewing Areas, from a manager's station which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area, including but not limited to the interior of any Individual Viewing Area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the Individual Viewing Area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No Individual Viewing Area shall be designed or operated to permit occupancy of more than one (1) person at a time. (n) All areas of the Adult Oriented Business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

Bookstores 20 foot-candles Retail Establishments 20 foot-candles Theater 5 foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles Cabaret 5 foot-candles except during performances, at which times the lighting shall be at least 1.25 foot candles Motion Picture Arcade 10 foot-candles in public areas Individual viewing booths. 1.25 foot-candles Motion picture theater 10 foot-candles except during performances at which times the lighting shall be at least 1.25 foot candles Motel/Hotel 20 foot-candles in public areas

(o) The Individual Viewing Areas of the Adult Oriented Business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more Individual Viewing Areas. (p) Adult Oriented Businesses shall comply with the parking standards of Title 12, Chapter 32. (q) The Adult Oriented Business shall comply with the Noise Element of the General Plan, Interior and Exterior Noise Standards and the noise ordinance of the City of Santa Maria. (r) The Adult Oriented Business shall comply with all building and construction standards of the Uniform Building Code, Chapter 24 hereof, Title 24 of the California Code of Regulations, and all other federal, state and City-adopted standards for the specific use. (s) Live entertainment shall only be performed either (1) on a stage raised at least eighteen (18) inches above the floor and separated from patrons by a fixed rail at least thirty (30) inches in height placed at a distance of not less than six (6) feet from the stage and around the perimeter of the stage; or (2) in a location other than on the stage such that the Performer is separated from any patron by not less than six (6) feet. This provision does not apply to an Individual Viewing Area where the stage is completely separated from the Individual Viewing Area by a floor to ceiling permanent, solid barrier. (t) No Individual Viewing Area may be occupied by more than one (1) person at any one time. (u) No patron shall directly pay or give any gratuity to any Performer, and no Performer will accept any directly paid gratuity from any patron. For the purposes of this section, the phrase "directly pay" shall mean the person-to-person transfer of the gratuity. This section shall not prohibit the establishment of a non-human gratuity receptacle placed at least six (6) feet from the stage or area which the Performer is occupying. (v) No Performer will intentionally have any physical contact of a sexual nature with any patron and no patron will intentionally have any physical contact of a sexual nature with any Performer while on the premises of an Adult Oriented Business. For the purposes of this subdivision, the phrase “physical contact of a sexual nature” shall mean any physical contact between any part of the Performer and the genitals, buttocks, lap, head, torso or chest of the patron and any physical contact between any part of the patron and the genitals, buttocks, lap, head, chest or torso of the Performer, whether or not such part or parts are clothed or unclothed. (w) No exterior door or window shall be propped or kept open at any time during hours of operation; any exterior door or windows shall be covered with opaque coverings at all times. (x) The owner shall provide an entrance and exit to the premises for Performers which is separate from the entrance and exit used by the public.

12-45-5 (y) Neither Live Entertainment nor any Sexually Oriented Material or Sexually Oriented Merchandise shall be visable from anywhere outside the Adult Oriented Business. (z) At least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking lot at all times live entertainment is offered. The security guard shall be charged with preventing violations of law and enforcing the provisions of this chapter. All security guards shall be uniformed so as to be readily identifiable as a security guard by the public. No person acting as a security guard shall act as a doorperson, ticket taker or seller, or similar functionary while acting as a security guard. For all Adult Oriented Businesses providing Live Entertainment, an additional security guard shall be provided with each increase in maximum occupancy of two hundred (200) persons. Security guards shall be licensed under the California Private Security Services Act, Business & Professions Code §§7580 et seq. (Ord. 93-20, eff. 08/05/93, Ord. 00-01, eff. 2/1/00)

Section 12-45.106. Performer Requirements. It shall be unlawful for any person to act as a Performer in an Adult Oriented Business where one or more of the following apply: (a) the Performer is less than eighteen (18) years of age; (b) the Performer has, within the past two (2) years, been registered in any state as a prostitute; (c) the Performer has, within the past two (2) years, been convicted of any of the offenses listed in Section 12- 45.105 (k), or parallel offenses outside the State of California; (d) the Performer has, within the past two (2) years, violated any applicable subsection of Section 12-45.105.; (e) the Performer has, within the past two (2) years, been found to have violated any other adult oriented business ordinance of any other City, county, or state, or has had any adult oriented business permit suspended or revoked; or (f) the Performer has, within the past two (2) years, been convicted of engaging in any act of obscenity on the premises of the Adult Oriented Business; (g) the Performer is on probation or parole for any of the reasons described in subsections (b), (c), (d), (e) or (f). (Ord. 00-01, eff. 2/1/00).

Section 12-45.107. Persons Responsible. For purposes of this chapter, “owner” includes the owners, operators and managers of premises which constitute an Adult Oriented Business. The owners of an Adult Oriented Business are responsible for compliance with this chapter. (Ord. 00-01, eff. 2/1/00).

Section 12-45.108. Inspections. The owner of an Adult Oriented Business will permit officers of the City of Santa Maria, the County of Santa Barbara and each of their authorized representatives to conduct unscheduled inspections of the premises of the Adult Oriented Business for the purpose of ensuring compliance with the requirements of this chapter at any time the Adult Oriented Business is open for business or occupied. (Ord. 00-01, eff. 2/1/00).

Section 12-45.109. Nonconforming Adult-Oriented Businesses. (a) Notwithstanding any other provision of this Code, no Adult Oriented Business legally operating prior to the effective date of this ordinance may be expanded in any manner unless and until the entire Adult Oriented Business complies in all respects with the provisions of this chapter and/or any other provision of the Code pertaining to the operation of the business. For the purposes of this section, the term "expansion" shall include any physical expansion of the facility in which the Adult Oriented Business is located or operating and/or the introduction and/or addition of any category of Adult Oriented Business use not legally operating on the property prior to the enactment of this ordinance as such separate categories of Adult Oriented Business uses are contained in Section 12-45.102. For the purposes of this section, the catchall phrase "Adult Oriented Business" shall not be considered a single category of Adult-Oriented Business. (b) An Adult Oriented Business lawfully operating as a conforming use is not rendered a nonconforming use by the subsequent location of an Adult Oriented Business, of a Church, Children’s School, or Park within 750 feet. (Ord. 00-01, eff. 2/1/00).

Section. 12-45.110. Enforcement. The City finds that a violation of the ordinance constitutes a public nuisance and, in addition to any other remedy provided by law, is enforceable by means of an injunction sought by the City. The above notwithstanding,

12-45-6 with the exception of Section 12-45.105., subsection (v), a violation of any provision of this ordinance shall be a misdemeanor. (Ord. 00-01, eff. 2/1/00).

12-45-7 CHAPTER 12-46 RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES, COMMUNITY APARTMENTS, AND PLANNED UNIT DEVELOPMENTS

Section 12-46.01. Purpose and Intent. (a) The purpose of this chapter is to regulate the development of residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion from existing apartments, so that the residential development is consistent with the goals, objectives and policies of the General Plan, including provisions for a healthy environment through high-quality appearance, safety and appropriate densities for condominium, stock cooperative, community apartment and planned unit developments. (b) The City Council has determined that residential condominiums, stock cooperatives, community apartments and planned unit developments are significantly different from rental apartment units, and for the benefit of public health, safety and welfare makes the findings that residential condominiums, stock cooperatives, community apartments and planned unit developments are to provide amenities equal to or better than single family detached developments, including, but not limited to, adequate on-site circulation and parking, private laundry facilities, enclosed storage areas, recreation facilities, open space, controlled densities, and maintenance agreements for common areas. (c) Therefore, in order to assure conformance with the General Plan provisions and expectations for amenities as stated in the findings set out in this section for residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion, and to provide adequate public review of projects, conditional use or planned development permit approval pursuant to Chapters 25 and 35 of this Title and tentative and final or parcel maps as provided for in Title 11 of the Municipal Code are required. (Ord. 93-29, eff. 10/07/93)

Section 12-46.02. Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Applicant" means the person or persons applying for new construction or conversion who possess an ownership interest, either as principal or agent, in land or a building. (b) "Association" means the organization of persons who own a project. (c) "Common" means property with undivided ownership. (d) "Community apartment" means an estate in real property consisting of an undivided interest in common in a parcel of real property and the improvements therein, coupled with the right of exclusive occupancy for residential purposes of an apartment located thereon. (e) "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential building on such property. (f) "Conversion" means a change in the type of ownership of a parcel of land, together with the existing structures, from residential rental realty to community apartment, stock cooperative or condominium. (g) "Planned unit development" means a development consisting of individually owned lots together with common areas which are owned in common by the lot owners. (h) "Project" means a residential condominium, stock cooperative, community apartment or a planned unit development. (i) "Public report" means the final subdivision public report for a project of five (5) or more dwelling units issued by the California Department of Real Estate pursuant to Section 11-13.2 of the Business and Professions Code. (j) "Stock cooperative or Stock cooperative apartment" means a corporation formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. (k) "Unit" shall mean the element in a project which is exclusively owned or occupied individually and not in common with the owners of other elements of the project. (l) "Zoning administrator" shall mean the Director of Community Development or his or her designee. (Ord. 93-29, eff. 10/07/93)

Section 12-46.03. General requirements. (a) Planned development or conditional use permit required. A planned development or conditional use permit shall be required for all residential condominiums, stock cooperatives, community apartments and planned unit

12-46-1 developments, both new construction and conversion. The planned development or conditional use permit shall be processed in accordance with Chapters 25 and 35 of this title. (b) Tentative and final or parcel map required. In addition to the requirements of this title and chapter, a tentative and final map or tentative and parcel map shall be required for all residential condominiums, stock cooperatives, community apartments and planned unit developments, both new construction and conversion. (c) Noticing costs. (1) Funds necessary to cover the costs incurred by the City for all noticing requirements shall be deposited with the City prior to acceptance of the conditional use or planned development permit application. (2) Noticing requirements for all conversion projects, including those of four (4) or fewer units, shall be in accordance with Government Code Section 66427.1. (d) Inspection of conversion projects. Applicants for conversion projects shall arrange for an inspection of the project by the Building Division of the City of Santa Maria. The Chief Building Official shall prepare a report detailing any deficiencies pursuant to the requirements of this chapter. Any such deficiencies shall be corrected prior to issuance of the certificate of occupancy for the converted units. An inspection fee will be charged for the inspection and report in accordance with the Uniform Building Code as adopted by the City of Santa Maria. (e) Certificate of occupancy. Prior to sale of any new construction or conversion project units, a certificate of occupancy shall be obtained from the Chief Building Official, subject to the requirements of this chapter. (Ord. 93- 29, eff. 10/07/93)

Section 12-46.04. Development standards. (a) Zoning compliance. Applicable Municipal Code zoning requirements, including those pertaining to setbacks, height, density, and parking, shall be incorporated into the design of the project. (b) Laundry facilities. Each unit shall be provided with space and utility hookups within the unit or attached garage to accommodate a standard sized washer and dryer. Minimum dimensions shall be six (6) feet wide and three (3) feet deep. (c) Storage space. Each unit shall have for its own use at least three hundred (300) cubic feet of enclosed, weatherproof, lockable storage space located adjacent to each unit, with a minimum opening of three (3) feet (width) and five (5) feet (height). The design and location of such space shall be shown on the plans submitted for the project. Such storage space shall be in addition to cabinets and closets within the unit. Enclosed, lockable garages of a size in excess of minimum standards shall constitute compliance with this section. (d) Roof equipment screening. Mechanical equipment on roofs shall be fully screened from public view. The design of the screening shall appear on the plans submitted for the project. (e) Trash enclosures. Each trash receptacle (either a bin or container) shall be stored in a trash enclosure. Containers may be stored within a garage if the garage has been oversized to accommodate the container. The final development plan submitted for building permit shall specify the size and location of all trash collection areas, and the enclosure shall be constructed in accordance with the approved plan. The location and size shall be approved by the Community Development Department and the Public Works Department. The size and construction specifications of all trash enclosures shall be approved by the Public Works Department in accordance with their standard specification drawings, and shall include the following: a concrete pad and masonry block walls with gates of a solid material. Trash bins require masonry walls a minimum of six (6) feet in height, and trash containers require masonry walls a minimum of four (4) feet in height. (f) Parking. Two (2) covered parking spaces per unit, plus one (1) guest parking space for each two (2) units, shall be provided. The guest parking spaces shall be evenly distributed throughout the development at locations approved by the Director of Community Development. Housing designed specifically for senior citizens may provide not less than one (1) space per unit, one-half (1/2) of which must be covered. (g) Open space. Maximum lot coverage by buildings shall be thirty-five percent (35%). Landscaping and common area requirements shall be set forth in the applicable zoning designation of the project. Each unit shall include a private ground-level patio or yard area and/or upper level balcony. Units situated at the ground level shall provide a minimum of two hundred (200) square feet of private patio or yard and/or balcony. Units not situated at ground level shall provide a minimum of fifty (50) square feet of private balcony area. A minimum fifty (50) square foot concrete slab for use as a patio shall be required at each sliding glass door. (h) Public easements. The applicant shall dedicate or cause to be dedicated to the City, land or easements for street widening, public access or other public purposes in connection with the project where necessary and in accordance with established planned improvements. (i) Underground utilities. All utility and communication wires, including cable television, within the boundaries of the project shall be placed underground. Gas and electric meters shall be above grade.

12-46-2 (j) Utility metering and controls. (1) Each unit shall have separate metering for gas and electricity consumption. Each unit shall have separate water metering as required by the Municipal Code. Each unit shall have its own panel-board for electrical circuits which serve the unit and a gas shut-off valve for the gas line serving the unit. Each unit shall have a water shut-off valve and such valves for each plumbing fixture within the unit. Each unit shall be served by separate heating/cooling controls. (2) Exception: Gas and electric metering of individual units may not be required if such metering would be in conflict with an innovative energy-efficient or resource-conserving utility system designed for the project, as approved by the Director of Community Development. (k) Electricity and plumbing. (1) Each unit shall be served by separate exhaust fans and vent pipes. (2) Each unit shall be served by ground-fault circuit interrupters as required by the Uniform Building Code. (3) All water pipes to sinks and laundries shall be installed with surge pipes or equivalent devices approved by the Chief Building Official. (4) Drip pans or an equivalent device with drains to the outside of the building shall be provided under all water heaters, dishwashers and washing machines within the units located above separately owned units. (5) Ultra-low flush water closets (maximum 1.6 gallon per flush) shall be installed in each unit. (l) Energy efficiency. (1) All new units and all new buildings owned in common shall comply with energy conservation standards in Title 24 of the California Administrative Code, or its successor. For conversion projects, the applicant shall indicate the provisions of Title 24 which cannot be met, and existing and planned energy conservation provisions which will compensate for such noncompliance. (2) Each unit shall be preplumbed and prewired for solar assisted hot water heating. (3) All swimming pools, hot tubs and spas shall be equipped with solar-assisted heating and covers. (4) Roof design shall take into consideration a southerly exposure. In order to accommodate future solar panels, a portion of the roof shall have a pitch of approximately thirty percent (30%), or 1:3.33. (m) Building Code conformance. All units, both new and converted, shall be in conformance with standards for new construction in effect at the time of tentative map approval, including, but not limited to, the Uniform Building Code, Uniform Plumbing Code, Uniform Fire Code, National Electrical Code, Title 24 of the California Administrative Code, and the California Energy Code. Minor deviations to these Codes may be approved by the Chief Building Official, provided that public safety is not compromised. (n) Fire safety. Smoke detectors of a type approved by the City of Santa Maria Fire Department shall be provided in each unit at locations specified by the Uniform Building Code. (o) Sound Transmission. (1) All permanent mechanical equipment which is determined by the Director of Community Development to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor or ceiling, or otherwise insulated in a manner approved by the Director of Community Development to lessen the transmission of vibration and/or noise. This requirement applies to domestic appliances as well as other equipment. (2) All voids around pipes shall be packed with rock wool or equivalent sound deadening material, and all pipes shall be wrapped at all points of contact with any wood or steel members and strap hangers. (3) No recessed cabinets, vents, electrical devices, junction boxes or similar equipment shall be placed back to back between separate dwelling units where the required double wall is penetrated. (4) Wall and floor/ceiling assemblies shall conform to the sound insulation performance criteria contained in the Uniform Building Code. (5) Required floor coverings may only be replaced by another floor covering that provides the same or greater noise attenuation characteristics. (Ord. 93-29, eff. 10/07/93)

Section 12-46.05. Warranties. (a) A minimum of a one (1) year warranty shall be provided free of charge by the applicant to the first purchaser of each unit on any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, and heating/cooling systems provided therein as of close of escrow. Limitations placed on manufacturer's warranties for new products shall take precedence over the one (1) year warranty required by this section. (b) A minimum of a one (1) year warranty shall be provided free of charge by the applicant to the association for elements owned in common. Limitations placed on manufacturer's warranties shall take precedence over the one (1) year warranty required by this section. (Ord. 93-29, eff. 10/07/93)

12-46-3

Section 12-46.06. Reports required for conversion. Applicants of all conversion projects shall submit the following information in conjunction with the conditional use or planned development permit application: (a) Tenant information. The name and address of each current tenant, together with address labels for noticing requirements pursuant to this title. (b) Building history report. A report which contains the dates of construction of all elements of the proposed conversion project; a statement of the major uses of the project since construction; the date and description of each major repair and renovation of any element since the date of construction. Major repair means any repair for which an expenditure of more than one thousand dollars ($1,000) was made. (c) Noise insulation report. A report prepared by a certified acoustical engineer describing conformance with the noise insulation standards of the Uniform Building Code and Section 11-12.04 (o) of the Municipal Code. (d) Property and structural report. A structural and property report describing the condition, including deficiencies, and remaining useful life of each element of the proposed conversion project. The report shall include, but not be limited to, the following elements: mechanical systems, plumbing system, electrical systems, roofs, foundations, structural elements of existing structures, paved surfaces, and exterior surfaces. Projected maintenance costs shall be estimated and detailed in the report. The report shall be prepared by a registered civil or structural engineer, a listed general building contractor, an architect, or any combination thereof. (e) Structural pest report. A structural pest report relating the presence or absence of wood-destroying pests and organisms. The report shall be prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code. (f) Soils/geological report. A copy of the soils/geological report originally prepared for the property. If such report has never been prepared or is considered insufficient by the Chief Building Official, the applicant shall submit a new report prepared by a registered civil engineer, soils engineer, or geologist. The report shall also include the elevation of the first floor level relative to the established one hundred (100) year flood elevation. (Ord. 93-29, eff. 10/07/93)

12-46-4 CHAPTER 12-47 SURFACE MINING AND RECLAMATION

Section 12-47.01. Purpose and intent. (a) This ordinance is adopted pursuant to the California Surface Mining and Reclamation Act of 1975, Chapter 9, Sections 2710 et seq., Public Resources Code, and Section 3500 et seq. of Title 14 of Chapter 8 of the California Code of Regulations. (b) The Council finds and declares that the extraction of minerals is essential to the continued economic well- being of the City and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. (c) The Council further finds that the reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land. (d) The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.02. Definitions. (a) "Exploration" or "prospecting" means the search for minerals by geological, geophysical, geochemical or other techniques, including, but not limited to, sampling, assaying drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present. (b) "Idle" means to curtail for a period of one (1) year or more surface mining operations by more than ninety (90) percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. (c) "Mined lands" means the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations. (d) "Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. (e) "Mining Waste" means the residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from, or displaced by, surface mining operations. (f) "Operator" means any person who is engaged in surface mining operations, himself, or who contracts with others to conduct operations on his behalf. (g) "Overburden" means the soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal, by surface mining operations. (h) "Permit" means any formal authorization from, or approved by, the City, the absence of which would preclude surface mining operations. (i) "Person" means any individual, firm, association, corporation, organization, or partnership, or any city, county, district, or the State or any department or agency thereof. (j) "Reclamation" means the process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures. (k) "State Board" means the State Mining and Geology Board, in the Department of Conservation, State of California. (l) "State Geologist" means the individual holding office as structured in Section 677 of Article 3, Chapter 2 of Division 1 of the Public Resources Code. (m) "Surface mining operations" means all or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine, borrow pitting, streambed skimming and segregation and stockpiling of mined materials (and recovery of the same). Surface mining operations shall include, but are not limited to: (1) In-place distillation, retorting or leaching.

12-47-1 (2) The production and disposal of mining waste. (3) Prospecting and exploratory activities. (Ord. 94-4, eff. 3/3/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.03. Scope. (a) The provisions of this chapter shall apply to the incorporated areas of the City of Santa Maria. (b) The provisions of this chapter are not applicable to: (1) Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster. (2) Prospecting and exploration for minerals of commercial value where less than one-thousand (1,000) cubic yards of overburden is removed in any one (1) location of one (1) acre or less. (3) Any surface mining operation that does not involve either the removal of a total of more than one- thousand (1,000) cubic yards of minerals, ores, and overburden, or involve more than one (1) acre in any one (1) location. (4) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (5) Such other mining operations that the City determines to be of an infrequent nature, and which involve only minor surface disturbances and are categorically identified (no such identifications made as of the effective date of these regulations) by the State Board pursuant to Sections 2714 (d) and 2758 (c) of the California Surface Mining and Reclamation Act of 1975. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.04. Permit and reclamation plan requirement. (a) Any person, except as provided in Public Resources Code Section 2776, who proposes to engage in surface mining operations as defined in this chapter shall, prior to the commencement of such operations, obtain from the City of Santa Maria (1) a conditional use permit to mine in accordance with Chapter 35 of Title 12, and (2) approval of a Reclamation Plan, in accordance with the provisions set forth in this chapter and as further provided in Article 5, California Surface Mining and Reclamation Act of 1975. All applications for a Reclamation Plan for surface mining operations shall be made on forms provided by the Planning Division of the City Community Development Department, and as called for by Public Resources Code Section 2776. (b) No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of this chapter. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he/she has in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the City Planning Department and receive, within a reasonable period of time, approval of a Reclamation Plan for operations to be conducted after January 1, 1976, unless a Reclamation Plan was approved by the City of Santa Maria prior to January 1, 1976, and the person submitting that plan has accepted the responsibility for reclaiming the mined lands in accordance with that plan. Nothing in this ordinance shall be construed as requiring the filing of a Reclamation Plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. (c) The conditional use permit (CUP) application and proposed Reclamation Plan shall be sent to the director of the Department of Conservation (Department) within thirty (30) days of the filing of the application. The Department shall be provided at least 45 days to review and comment on the Reclamation Plan prior to the City's approval of the Reclamation Plan. (d) A fee as established for the permitted uses in the City Fee Ordinance, shall be paid to the City of Santa Maria, Department of Community Development, at the time of filing. This fee may be reviewed and revised by resolution of the City Council. (e) Within ninety (90) days of a mine becoming idle, the operator must submit to the City an Interim Management Plan (IMP) for review and approval. The IMP is considered an amendment to the Reclamation Plan and is subject to the City's review per this chapter and the review of the Department of Conservation. Idle mines shall maintain financial assurances and are subject to annual inspections. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

12-47-2

Section 12-47.05. Review procedure. The Planning Division shall review the Conditional Use Permit application, and the Reclamation Plan application and all supporting materials, and shall schedule a public hearing before the Planning Commission within ninety (90) days of the filing of both the complete Conditional Use Permit application and the complete Reclamation Plan application. Such public hearing shall be held by the Planning Commission for the purpose of consideration of the issuance of a Conditional Use Permit for the proposed surface mining operation. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.06. Performance bond or other surety. Upon a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Planning Division of the cost of the reclamation of the mined land according to the Reclamation Plan, a surety bond, trust fund, irrevocable letter of credit, or other mechanism adopted by the State Mining Board through the regulatory process conditioned upon the faithful performance of the Reclamation Plan shall be filed with the City Clerk. The Planning Division shall determine the amount of the surety based on the estimated cost of the reclamation of all lands disturbed after January 1, 1976, and lands proposed to be disturbed in the upcoming year. Such surety shall be executed in favor of the City of Santa Maria and the Department of Conservation, reviewed annually, and renewed and revised as necessary. All financial assurances, and amendments thereto, shall be forwarded to the Department of Conservation for review at least forty-five (45) days prior to formal City approval of the financial assurance. Such surety shall be maintained in an amount equal to the cost of completing the remaining reclamation of the site as prescribed in the approved or amended Reclamation Plan during the succeeding two (2) year period, or other reasonable term. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.07. Public records. Reclamation Plans, reports, applications, and other documents submitted pursuant to this chapter are public records unless it can be demonstrated to the satisfaction of the City that the release of such information, or part thereof, would reveal production, reserves, or rate of depletion entitled to protection as proprietary information. The City shall identify such proprietary information as a separate part of each application. A copy of all permits, Reclamation Pans, reports, applications, and other documents submitted pursuant to this chapter, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines and Geology by the City of Santa Maria. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner in accordance with Public Resources Code Section 2710 et seq. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.08. Periodic review. As a condition of approval for the Conditional Use Permit and/or the Reclamation Plan, annual inspections by the City shall be required. Said inspections shall ensure compliance with the approved Reclamation Plan, financial assurances, and Conditional User Permit conditions. The annual inspections shall be conducted within six (6) months of the City's receipt of the annual reports submitted to the State Mining Board by operators pursuant to Public Resource Code Section 2207. All inspections are to be completed using a form supplied by the Department of Conservation. The operator is responsible for bearing the reasonable cost of such inspections. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.09. Amendments. Amendments to an approved Conditional Use Permit and/or Reclamation Plan may be submitted to the City at any time, detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until such amendment has been filed with, and approved by, the City Planning Commission. Amendments to an approved Conditional Use Permit and/or Reclamation Plan shall be approved by the same procedure as is prescribed for approval of a Reclamation Plan. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.10. Deviations. Deviations from an approved Reclamation Plan may be allowed upon request of the operator and applicant, and upon a finding by the Planning Commission that each requested deviation is necessary to achieve the prescribed or higher post-mining use of the reclaimed land. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

12-47-3 Section 12-47.11. Enforcement. The provisions of this chapter shall be enforced by any authorized member of the Planning Division of the City of Santa Maria or such other persons as may be designated by the City Council. (Ord. 94-4, eff. 3/31/94; Ord. 93- 23, eff. 8/19/93)

Section 12-47.12. Appeal. Any person aggrieved by an act or determination of the Planning Division Administrator in the exercise of the authority granted herein shall have the right to appeal to the Planning Commission and the City Council as provided in Section 12-35.211 of the Santa Maria Municipal Code. Any appeal must be filed on forms provided within fourteen (14) days after the rendition, in writing, of the decision. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.13. Severability. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

Section 12-47.14. Ordinance revision. This ordinance shall be reviewed annually and in coordination with revisions to State Law to ensure that it is in accordance with the State policy for Mined Lands Reclamation. The Public Works Department, and the Community Development Department, shall review this ordinance and make recommendations to the Planning Commission for applicable revisions. Revisions shall be made in accordance with City procedures. (Ord. 94-4, eff. 3/31/94; Ord. 93-23, eff. 8/19/93)

12-47-4 CHAPTER 12-48 DENSITY BONUS

Section 12-48.01. Purpose and Intent. The Housing Element of the General Plan sets forth various goals and policies to encourage a variety of housing types and costs to serve the various economic needs within the community. It is the intent of the City to further encourage the provision of lower cost, very low cost and senior housing by providing a density bonus program. (Ord. 95-9, eff. 08/31/95)

Section 12-48.02. Compliance with Government Code Section 65915. In accordance with Government Code Section 65915 et seq., or successor sections, the Planning Commission and/or City Council shall provide the developer incentives for the production of moderate income, lower income, very low income or senior housing units when the developer meets the requirements set forth in this chapter. In the event the Legislature amends specific requirements of Section 65915 et seq. or successor sections, those amendments shall control and apply in Santa Maria pending further amendment of this chapter. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.03. Density Bonuses. Any housing development of five (5) or more units as defined by 50073.5 the Health and Safety Code, any senior citizen housing development as defined in Section 51.3 of the Civil Code, any mobilehome park that limits residency to older persons pursuant to Civil Code §798.76 or 799.5, and any common interest development project as defined below, shall be entitled to a density bonus above the maximum number of dwelling units otherwise allowed by this title, in the amount calculated as specified by Government Code Section 65915(g), if the proposed development project meets the following minimum criteria: (a) Ten percent (10%) of the total units in the project, before the density bonus is applied, is reserved for lower income households as defined in Section 50079.5 of the Health and Safety Code; or (b) Five percent (5%) of the total units in the project, before the density bonus is applied, is reserved for very low income households, as defined in Section 50105 of the Health and Safety Code; or (c) Fifty percent (50%) of the total units in the project, before the density bonus is applied, is reserved for qualifying residents as specified in Section 51.3 of the State Civil Code or (d) Ten percent (10%) of the total dwelling units in a Civil Code §1351 common interest development project, before the density bonus is applied, are reserved for persons and families of moderate income, provided that all of the units are offered to the public for purchase. Any applicant proposing to develop one or more residential units whose project does not meet the definitions above shall also be entitled to receive a density bonus if the residential units will be reserved for lower or very low income households. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.04. Additional Incentives for Affordable Units. (a) In addition to the density bonus provided by Section 12-48-03, the City shall, through a planned development permit, agreement, or subdivision, grant additional incentives or concessions in the number specified by subsection (d)(1) of Government Code Section 65915. Examples include: (1) Reducing or waiving development standards, modifying or waiving zoning requirements (including minimum lot size or setbacks), and modifying architectural design requirements or Public Works requirements which result in identifiable cost reductions; or (2) Providing other regulatory incentives or concessions proposed by the developer or the City, so as to result in identifiable cost reductions; or (3) Allowing the developer to pay development impact fees over a period of time not to exceed three (3) years in equal installments. The terms of an approval under this section shall be reflected in a written agreement containing provisions for interest and security approved by the Finance Director and City Attorney; or (4) Approving mixed-use zoning in conjunction with the project. (b) The applicant for a density bonus may submit a proposal requesting specific concessions or incentives to staff for Commission or Council consideration. In the case of a proposal that would not qualify for additional concessions or incentives due to the small number of units proposed, the applicant may request to substitute a specific concession or incentive in place of a density bonus. (c) The Commission or Council shall grant a requested concession or incentive for a project described in Section 12-48.03, subsections (a) through (d), unless it makes a written finding based on substantial evidence either:

12-48-1 (1) that the additional incentive is not required in order to provide for affordable housing costs as defined in Section 50052.5 of the Health and Safety Code or for rents for the targeted units as specified in Section 65915(c) of the California Government Code; or (2) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon the public health and safety or upon the physical environment or on any real property that is listed in the California Register of Historical Resources and for which 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. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.05. Additional Density Bonus For Donation of Land To City; Additional Density Bonus Or Incentive/Concession for Child Care. (a) When an applicant for approval of a residential development donates land to the City according to the requirements of Government Code Section 65915(h), or successor section, the applicant shall receive an additional density bonus. (b) When an applicant proposes to construct a housing development as decribed by Section 12-48.03 and includes a child care facility as defined by Government Code §65915(i), the applicant shall receive either an additional density bonus or an additional incentive or concession according to the terms of Government Code Section 65915(i), or successor section. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.06. Repealed. Section 12-48.06 was repealed in its entirety and deleted per Ordinance 2006-17.

Section 12-48.07. Procedure for Density Bonus Applications for residential projects that request a density bonus which will increase the density beyond that otherwise allowed in a specified zoning district, shall be processed in a manner consistent with procedures for a standard residential project in its designated zoning district. Developers requesting incentives described in 12-48- 04(a)(1), however, shall apply for a planned development (PD) permit per Section 12-35 whether or not the project site is located in a planned development overlay zone. The PD process allows discretionary review of the project to implement the incentives and appropriate enforcement measures. The developer may submit to the Community Development Department a written proposal for a project pursuant to this chapter prior to the submittal of any formal development applications. Within ninety (90) days of receipt of a proposal, the City shall notify the developer, in writing, of the procedures to be followed to comply with the requirements of this chapter. The materials submitted by the developer must clearly indicate how the requested waiver(s) or modification(s) are necessary to make the proposed housing units economically feasible. Additional information for density bonus projects required when the proposal is submitted include: (a) A written description that specifies the number, type, location, size and construction scheduling of units in the project which will be designated as the affordable or senior units. (b) Indication of the percentage of units that will be reserved for moderate, low or very low income or senior households. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.08. Affordable Housing Density Bonus Agreement. (a) To be eligible for a density bonus, the developer must sign a binding agreement with the City, approved by the City Attorney's office, which sets forth the conditions and requirements to be met in the implementation of the density bonus program. The Agreement will also establish specified compliance standards and remedies available to the City upon failure by the developer to make units accessible to intended households. The relevant terms and conditions of the density bonus agreement shall be filed and recorded on those individual lots or units of a project development which are designated for the location of target dwelling units. (b) The term of the agreement shall be at least thirty (30) years, or such other period as may be required by a financing program for the project. (c) When the agreement pertains to moderate-income units in a common interest development, the agreement shall contain provisions for equity sharing as required by Government Code Section 65915(c), or successor section. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

Section 12-48.09. Requirements for Participation. In order for a developer to participate in the density bonus program and be eligible for incentives, the following requirements must be met:

12-48-2 (a) The developer shall set aside, per the approved agreement, the number of units which are designated for moderate, low, very low or senior households. A unit will be counted toward meeting the set-aside requirement if it is either vacant or occupied by a qualified resident. (b) The target units must be compatible in floor plan, furnishings, and exterior design to the nondesignated units. Further, the target units must be equally dispersed in each phase throughout the development. (c) The maximum allowable rents to comply with the density bonus law are determined by a formula designated by the State Department of Housing and Community Development based on area median income. (d) Dwellings sold per the agreement shall be affordable to the designated income households as defined by income limits established by the State Department of Housing and Community Development. (e) The developer shall provide to the Community Development Department a yearly accounting of the total units occupied, the total units vacant, the total units occupied by lower or very low income households, and the total by which the units set aside fell short of the required number of units. The distribution (location) of the affordable units must also be shown. (Ord. 2006-17, eff. 1/18/07; Ord. 95-9, eff. 08/31/95)

12-48-3 CHAPTER 12-49 MIXED-USE PROJECTS

Section 12-49.01 Purpose The purpose of this chapter is to establish regulations pertaining to the development of mixed-use projects within the City. It is intended to provide standards for projects that include a combination of permitted uses and other compatible uses not permitted in a single established zoning district. (Ord. 2004-18, eff. 12/16/04)

Section 12-49.02 Objectives The objective of this chapter is to encourage a compatible mixture of residential, commercial, industrial, public, and recreational uses. (a) Properly designed and developed mixed-use projects shall further goals of the City’s General Plan. Specifically, mixed-use projects should: (1) Promote incubator businesses; (2) Improve the aesthetics of the built environment; (3) Promote an appropriate balance and scale of commercial uses that meet the need of nearby residents and workers; (4) Provide sufficient safe and accessible plazas and greenways for active and passive enjoyment; (5) Improve the quality of air and water through provisions for the planting of trees, greenspace protection, bicycle parking, car sharing, and electric vehicle parking; (6) Reduce traffic by encouraging neighborhoods connected by mass-transit routes, safe and comfortable pedestrian access, and multi purpose trails; (7) Expand residential opportunities; (8) Improve health, safety, and welfare; (9) Reduce urban sprawl; and, (10) Promote in-fill development. (b) An appropriate mixed-use development is: (1) Diverse and contains a representative mix of residents, workers, and uses; (2) Complete in that it is sustainable for the residents, workers, and patrons; (3) Compact in that it contains the highest and best use for the land it occupies; (4) Connected by safe streets, sidewalks, and multi-purpose trails; and (5) Walkable/Transit Accessible so it is easily accessible without benefit of an automobile. (Ord. 2004-18, eff. 12/16/04)

Section 12-49.03 Definitions For purposes of this chapter, the following definitions shall apply: (a) Accessory Use. “Accessory Use” means a use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or adversely affect other properties in the zone. (b) Downtown Specific Plan Area. The Downtown Specific Plan Area is the area described in the Santa Maria Downtown Specific Plan. (c) Infill Development. Infill development refers to construction of new housing, workplaces, shops, and other facilities within existing urban or suburban areas. The development can be of several types: building on vacant lots, reuse of underutilized sites (such as parking lots and old industrial sites), and rehabilitation or expansion of existing buildings. (d) Live-Work/Work-Live Units. Live-Work/Work-Live units are single tenant spaces that include both a residential unit and a commercial or light industrial use such as an artist studio, photography studio, craftsperson shop (woodworking, ceramics, etc.), or similar use. This differs from other types of mixed-use developments where the residential use and commercial or other non-residential use is in different tenant spaces. Live-work units comprise one or more rooms with cooking space and sanitary facilities in conformance with the Uniform Building Code (UBC) and adequate working space available for and regularly used by persons residing therein. (e) Lot. Lot means a parcel of land of at least sufficient size to meet zoning requirements for use, coverage, area and open space as required by this code. (f) Large efficiency Unit. Large efficiency units are residential units that are between 400 and 600 square feet in size. (g) Small Efficiency Unit. Small efficiency units are residential units that are 400 square feet or less in size. (Ord. 2004-18, eff. 12/16/04)

12-49-1 Section 12-49.04 General Requirements (a) Unless otherwise specifically required by this chapter, a Planned Development (PD) permit or Conditional Use Permit (CUP) shall be required for mixed-use developments in conformance with Figure 1 in Section 12-49.05. An Administrative Use Permit shall be required for permitted projects that exceed the maximum height or setback requirements by 10 percent (10%) or less, or do not meet the minimum parking, open space or landscape requirements by 10 percent (10%) or less. Projects that exceed the required maximum height or setback requirements by more than 10 percent (10%), but less than or equal to twenty-five percent (25%), or do not meet the minimum parking, landscape, or open space requirements by more than 10 percent (10%), but less than or equal to twenty-five percent (25%) require a Conditional Use Permit approved by the Planning Commission, even when such project is otherwise permitted. A project that exceeds maximum height or reduces the minimum setback requirements by more than twenty-five percent (25%), or does not meet minimum landscape or open space requirements by more than twenty-five percent (25%) requires a Conditional Use Permit approved by the City Council after consideration by the Planning Commission. No project that fails to meet minimum parking requirements by more than twenty-five percent (25%) can be approved in any case. The planned development, conditional use, or administrative use permit shall be processed in accordance with Chapter 35 of this title. (b) Tentative and final or parcel maps shall be required for all mixed-use projects that include the creation of lots, condominiums, stock cooperatives, community apartments and planned unit developments, both new and conversion. (Ord. 2004-18, eff. 12/16/04)

Section 12-49.05. Mix of Uses At the time of a planned development or conditional use permit application for a mixed-use development, the applicant shall declare from Figure 1, the proposed mix of uses for the project.

FIGURE 1 PRIMARY USES (BASE DISTRICT) USE OS R-2 R-3 CPO CC C-11 C-22 M-1 CM ZONE

OS P P P P P P P P

R-2 X P P P P P CUP CUP R-3 X X CUP CUP P P CUP CUP CPO X CUP CUP P P P P CUP CC X CUP CUP P P P P CUP

(ADDED TO BASE) TO (ADDED SECONDARY USES SECONDARY C-1 X CUP CUP P P P P CUP C-2 X CUP CUP CUP CUP CUP CUP CUP M-1 X CUP CUP CUP CUP CUP CUP P CM X X X X X X X CUP P = Permitted; CUP = Permitted subject to a Planned Development or Conditional Use permit (see subsection d) X = Not Allowed 1 = Per SMMC Chapter 12-12.03(a) the C-1 District allows all permitted CC and CPO uses. 2 = Per SMMC Chapter 12-13.03(a) the C-2 District allows all permitted C-1, CC, and CPO uses.

(a) In the M-2, PF, AS-II, and AS-III zoning districts, and in the Santa Maria Business Park, mixed-use projects will be considered on a “case-by-case” basis and are subject to a pre-application. (b) Mixed-Use projects are not permitted in an R-1, RSL-1, or RMH zoned district. (c) A Conditional Use Permit is required when an existing developed site is converted to a mixed-use project or is not on a site with a Planned Development (PD) overlay. Developed sites are required to meet all design and

12-49-2 performance standards outlined in this ordinance, with the exception of the base zoning coverage requirement in paragraph (h). (d) A Planned Development Permit is required for Mixed Use Projects on properties with a Planned Development (PD) overlay. (e) Home Occupations do not constitute a Mixed-Use. (f) For sites with multiple base zoning districts, a Planned Development Permit shall establish the mix and location of uses. (g) Mini-Storage warehouses are prohibited in mixed-use projects. (h) When a mixed-use project is proposed outside of the four-square mile area, it shall meet the following performance standards: (1) A minimum of 51% of the gross floor area shall be utilized by a land use permitted or conditionally permitted by the underlying, base zoning district. (Ord. 2006-03, eff. 4/21/06; Ord. 2004-18, eff. 12/16/04)

Section 12-49.06 Live-Work/Work-Live Units Live-Work/Work-Live Units. Live-Work/Work-Live Units include, but are not limited to, photographers and photographic studios, artists and art studios, craftsperson and workshops, professional-technical service trades and researchers (architects, engineers, accountants/bookkeepers, appraisers) are allowed in mixed-use developments in conjunction with a City Business License. (a) Live-Work/Work-Live spaces in existing buildings require an Administrative Use Permit and may require improvements to the structure or lot subject to the following: (1) Any building that contains a Live-Work/Work-Live occupancy shall comply with the standards of the latest adopted edition of the California Building Code, including standards for habitability. (2) Any Live-Work/Work-Live unit shall comply with all performance standards outlined in Section 12- 49.08 of this chapter. Specifically, Live-Work Spaces shall adhere to the following: (A) The combined area of live-work units shall be 1500 square feet, or less, and shall be classified as a Group R occupancy when the work areas are deemed accessory to the primary residential occupancy. (B) Buildings with three or more live-work units shall be classified as R-1 occupancies pursuant to the California Building Code. (C) The combined area of work-live units shall be 1500 square feet, or less, and shall be classified as B, M, or F occupancy, according to the primary work use when the residential area shall be deemed as accessory to the work occupancy. (D) All Live-Work units shall be separated from each other and the rest of the building by not less than one-hour fire resistive occupancy separation and sound transmission control assembly per California Building Code, Appendix Chapter 12. (E) The residential area of the Live-Work or Work-Live units shall meet the requirements of the California Building Code for Efficiency Dwelling Units Section 310.7. (F) All Live-Work/Work-Live occupancies shall comply with the California Energy Code for residential buildings. (G) Live-Work/Work-Live buildings shall comply with the requirements of California Building Code 11A and 11B (Disabled Access for Newly Constructed Buildings). (H) Consistent with Title 24 of the California Code of Regulations and requirements of Federal law, in lieu of an accessible public restroom in each work-live/live-work unit, fully accessible restroom facilities may be provided in common areas located on an accessible route of travel within a reasonable distance of the accessible units as defined by Title 24, Part 5, Section 413.5.2 and 413.5.3 of the California Plumbing Code. (I) Parking shall be accessible per California Building code, chapters 11A and 11B. Except with respect to those requirements, standards, and provisions specifically imposed in Title 12 and the California Building Code, construction materials and methods of construction shall be governed by an in accordance with the California Building Code. In the event there is a conflict between any requirement, standard, or provision between this ordinance and any other requirement, standard, or provision of state law, the more restrictive shall apply. (Ord. 2004-18, eff. 12/16/04)

Section 12-49.07 Accessory Uses (a) Accessory uses, as defined by this ordinance, shall be allowed provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of a permitted principal use. In addition, accessory uses and structures shall be in accordance with the development standards provided in Section 12-49.08. (Ord. 2004-18, eff. 12/16/04)

12-49-3

Section 12-49.08 Development Standards (a) The property development standards set out in the following sections of this chapter apply to all sites and structures proposed for a mixed-use project. Proposed mixed-use projects within the downtown as identified in the City’s adopted Downtown Specific Plan shall conform to the adopted Downtown Specific Plan’s development standards. (b) Whenever there is a conflict with a standard of this chapter and the standards identified by the Downtown Specific Plan, the standards of the Downtown Specific Plan shall apply. (c) Unless otherwise determined by the Entrada Specific Plan or Downtown Specific Plan, building heights and setbacks for Mixed-Use projects are established from Figure 2, Dimensional Standards, with the distance given in feet from property lines.

FIGURE 2 Primary Zoning District Dimensional Standards (feet) STANDARDS R-2 R-3 CPO CC C-1 C-2 M-1 CM Building Height 30 35 35 30 40 40 35 40 Front Setback 20 20 0 0 0 0 0 0 Side Setback 5 10 0 0 0 0 0 0 Corner Setback 15 15 0 0 0 0 0 0 Rear Setback 10 10 0 0 0 0 0 0 Notes: 1. The Zoning Administrator, through an Administrative Use Permit may grant minor exceptions up to 10 percent (10%) of the maximum for building heights and minimum building setbacks pursuant to Section 12- 49.04(a). 2. The Planning Commission, through a Conditional Use Permit or Planned Development Permit may grant exceptions up to 25 percent (25%) for building heights and minimum building setbacks pursuant to Section 12- 49.04(a). 3. Exceptions to heights and setbacks greater than 25 percent (25%) require approval of the City Council, through a Conditional Use Permit or Planned Development Permit pursuant to Section 12-49.04(a). 4. Mixed Use projects adjacent to an R-1 zoning district require one-foot of building setback for each foot of building height. 5. Setbacks are subject to the sight distance triangle requirement per SMMC 12-27.03. (d) Parking. Parking shall be provided per chapter 12-32 of this title except as follows: (1) Through the Administrative Use Permit process, the Zoning Administrator, may approve up to a ten percent (10%) reduction in parking. The Planning Commission, through a Conditional Use Permit or Planned Development Permit, may approve up to a twenty-five (25%) reduction in parking if the mixed use development incorporates one or more of the following traffic-reduction methods: (A) The project is located along a mass transit line as identified by the Santa Maria Area Transit and the design of the mixed-use project encourages the use of the mass transit (i.e. provides a bus shelter, bus turn-out lane, etc.). (B) The residential units are owner-occupied, rented, leased, or sold to owners or employees of any commercial use on the same property. (C) The commercial use employs 10 or more persons and provides a compressed workweek, flexible time, or telecommuting option for its employees as a condition of approval of the Conditional Use Permit or Planned Development Permit. (D) Any part of the project property is located within a 500-foot radius of a parking lot owned by the City of Santa Maria, or City of Santa Maria Redevelopment Agency. (E) The project, through its design, incorporates a pedestrian and/or bicycle path connecting it to a Multi Purpose Trail (MPT) corridor. (F) One Santa Maria Area Transit (SMAT) bus pass is provided for each on-site income-restricted dwelling unit for the term of each unit’s affordability status.

12-49-4 (2) Parking requirements may be satisfied through a shared parking agreement with adjacent properties, provided that the shared parking lot has parking spaces in excess of that required for the uses on that site, or that the shared parking is intended for the uses on that site, or that the shared parking is intended for use during non-peak hours, and the amount of shared parking can satisfy the amount of parking required by the mixed-use project. (3) The total number of parking spaces for the aggregate of all uses on a mixed-use site shall not be less than one space for each residential unit, except when the residential component shall qualify for the four square mile parking exception (Section 12-32.07A). (4) Parking structures shall be allowed in conjunction with a mixed-use project provided that the parking structure is architecturally integrated in the development’s architectural theme. Parking structures shall visually conceal automobiles from adjacent roadways and have the appearance of an appropriately scaled and themed building. (5) Unless otherwise regulated by an existing Specific Plan, it is required that open, surface parking be located to the rear of a mixed-use development. Surface parking and driveways adjacent to streets, alleys, sidewalks, and/or dwelling units shall be screened with a decorative low wall, fence, or landscaped berm of sufficient size and density to screen automobiles. Space defining elements such as trellises, columns, walls, arbors and hedges shall be provided to enhance the appearance of parking lots. These elements shall be consistent with the development’s architectural theme. (6) Mixed-use developments with freestanding or zero lot-line residential units shall provide at least one covered parking space per unit, accessed from an alley or other public or private arterial. (7) Residential components of mixed-use projects shall provide parking according to the standards set forth in Figure 3. FIGURE 3 Number of Parking Spaces Required (per unit) for Residential Portions of Mixed-Use Projects Large Efficiency Unit Small Efficiency Unit Apartments (600 STANDARDS Condos (400 to 600 square (less than 400 square square feet or larger) feet) feet) Outside Four Square 1 covered 1 covered 0.75 uncovered 0.5 uncovered Mile Area Inside Four Square 1 covered 1 uncovered 0.75 uncovered 0.5 uncovered Mile Area Notes: 1. Where covered parking is referenced in Figure 3, this shall indicate that covered parking is required. 2. Where uncovered parking is referenced in Figure 3, this shall indicate that uncovered parking is permitted. (e) In-fill Lot Architectural Standards. Mixed-use projects proposed adjacent to or across the street from two or more existing structures, shall compliment the established architectural character of the neighborhood in terms of: (1) Consistencies of roofline, roof materials, and roof colors. (2) Use of similar proportions in building mass, outdoor spaces, and colors and material. (3) Similar window and door patterns. (4) Similar streetscapes including landscaping, light fixtures, and other site amenities. (5) Similar decorative elements such as ornamental grillwork and accent tiles. (f) Maximum Horizontal Wall Dimension. Any wall surface easily visible from neighboring properties or the public right-of-way shall be no longer than 100 feet without a break. Such break shall, at a minimum, consist of a recess or offset measuring at least 20 feet in depth and one-quarter of the building in length or a series of recesses or offsets, at intervals of not more than 40 feet that vary in depth from the building wall by a minimum of 4 feet. Not less than 25 percent (25%) of the building wall shall be varied in this way. The objective of this standard is to avoid large, undifferentiated wall surfaces. Smaller offsets at 40-foot intervals are an acceptable substitute. (g) Landscape and Open Space. Landscape and Open Space requirements shall be established from Figure 4, Landscape and Open Space Standards.

12-49-5 FIGURE 4 Primary Zoning District Landscape and Open Space Standards Outside of Four Square Mile Area STANDARDS R-2 R-3 CPO CC C-1 C-2 M-1 CM NOTES Landscape 20% 20% 15% 15% 15% 15% 15% 15% 1 Open Space 300 250 0 0 0 0 0 0 2,3,4,5,6,7, 8,9

Primary Zoning District Landscape and Open Space Standards Inside of Four Square Mile Area

STANDARDS R-2 R-3 CPO CC C-1 C-2 M-1 CM NOTES Landscape 20% 20% 15% 15% 15% 15% 15% 15% 1 Open Space 0 0 0 0 0 0 0 0 2,3,4 Notes: 1. Total percentage of site including setback areas. 2. Expressed in square feet per dwelling unit. 3. Open Space is in excess of percentage of site landscaping and may include amenities such as barbecue areas, tot-lots, swimming pools, walking trails, basketball and/or volleyball courts, and horseshoe pits for use by the residential tenants of the mixed-use project. 4. Dwelling units may count patio or balcony areas in the open space square-footage requirements. 5. Mixed-use developments in the CPO, CC, C-1, C-2, M-1, and CM base zoning districts that include residential units shall provide a minimum of 250 square feet open space with active amenities per dwelling unit. 6. The open space requirement for large and small efficiency units shall be no less than 60 square feet. 7. The Zoning Administrator, through an Administrative Use Permit, may grant minor reductions, up to 10 percent (10%) of the required landscaping or open space pursuant to Section 12-49.04(a). 8. The Planning Commission, through a Conditional Use Permit or Planned Development Permit, may grant reductions up to 25 percent (25%) of the required landscaping or open space pursuant to Section12-49.04(a). 9. The City Council, through a Conditional Use Permit or Planned Development Permit, may grant reductions over 25 percent (25%) of the required landscaping or open space pursuant to Section 12-49.04(a)(1). (h) Streetscape Design. Mixed-use projects shall be designed to accommodate pedestrian uses along street frontages. The following design elements shall be incorporated into new or redeveloped mixed-use developments: (1) Mixed-uses in relation to street frontages. (A) Mixed commercial uses and non-residential portions of live-work uses, when located in buildings along one or more street frontages shall have primary access on a street frontage. (B) Floors above the first floor (ground level) of mixed-use buildings located on the street frontage may contain commercial tenant spaces or residential units. (C) Outdoor seating and dining uses are allowed. (2) Design elements along street frontages. Mixed-use buildings along street frontages shall create a safe pedestrian-friendly environment by providing a combination of the following: (A) Awnings, balconies, porches, landscaped planter boxes, trellises, columns, cornices, arches, decorative tiles, decorative grillwork, and outdoor furniture along street frontages. (B) Pedestrian-friendly architectural elements shall be architecturally consistent with the development’s overall theme and any adopted Specific Plan if applicable. (C) Buildings shall not back onto streets. (3) Where possible, loading areas and trash enclosures shall be located toward the rear of mixed-use developments and not be visible to adjacent streets. (4) Bike racks shall be provided in an attractive and functional manner. (i) Connectivity. Mixed uses, when located on the same site and in separate buildings shall provide landscaped pedestrian walkways or bike paths connecting the mixed uses, structures open spaces, and buildings. (Ord. 2004-18, eff. 12/16/04)

12-49-6

Section 12-49.09. Performance Standards The following performance standards shall apply to mixed-use developments. (a) Glare and Lighting. The glare and lighting standards of this section shall apply to all mixed-use developments. (1) Use of Reflective Glass. Mirrors or highly reflective glass shall not cover more than 20 percent of a building surface visible from a street unless an applicant submits information demonstrating to the Zoning Administrator that use of such glass would not significantly increase glare visible from adjacent streets or pose a hazard for moving vehicles. (2) Outdoor lighting. Outdoor lighting shall be shielded in a manner that prevents a direct line between its luminary and any residentially zoned, planned, or developed parcel. Within 50 feet of a residential zoning district or within 50 feet of the lot line of a lot containing a residential use, lighting shall be installed no higher than 20 feet above the ground directly below the light fixture. (3) Outdoor lighting shall not exceed the following levels: (A) 0.50 foot-candles at the property line if the subject property abuts a residential zoning district or a lot containing a residential use. (B) 2.00 foot-candles at the property line if the subject property abuts a non-residential zoning district or lot containing only non-residential uses. (4) Glare and heat from arc welding, acetylene torch cutting or similar processes shall be contained within a completely enclosed and vented building. (b) Odor. The odors released from any operation or activity shall not exceed detectable concentration beyond lot lines, measured at any location on the lot lines. Commercial or industrial uses with attached residential units shall provide state-of-the-art ventilation systems to prevent odors from penetrating residential units. (c) Vibration. No use, activity, or process shall produce vibrations that are perceptible without instruments at the property line for more than three minutes in any one hour of the day between the hours of 7:00 a.m. and 10:00 p.m. No use, activity or process shall produce vibrations for more than 30 seconds in any one-hour between the hours of 10:00 p.m. and 7:00 a.m. (d) Hours of Operation. Unless otherwise approved through a Conditional Use Permit or Planned Development Permit, the hours of operation for any mixed-use project with a residential component shall not begin before 7:00 a.m. or continue after 11:00 p.m. For live/work or work/live units, the hours of operation shall not be before 7:00 a.m. or after 10:00 p.m. This standard shall include other activities directly related to the operation of the commercial or industrial component, including but not limited to pick-up and/or deliveries. (e) Work Conducted. All work shall be performed entirely indoors unless approved through a Conditional Use Permit or Planned Development Permit. Any outdoor work allowed through a Conditional Use Permit or Planned Development Permit shall not be performed in designated parking areas or open space area. In addition, approved area for outdoor work shall not be counted as open space. (f) Flammable, Explosive, and Combustible Materials. The use or storage of flammable, explosive, or combustible materials shall at all times comply with the adopted Uniform Fire Prevention Code, adopted California Building Code, and any other adopted ordinances or regulations of the City of Santa Maria. (g) Noise. All mixed-use developments shall comply with the City of Santa Maria adopted standards for noise. Where a mix of uses is provided, the most strict noise standards for the provided use shall apply. (1) Exception to allow elevated noise levels in outdoor living areas. Outdoor living areas such as patios and balconies may be incorporated into multifamily development projects in areas which experience elevated noise levels. These noise levels may not exceed the “Normally Unacceptable” Community Noise Exposure levels (75dB and above) specified in Figure 2 of the “Noise Element Guidelines” (Appendix C of the California General Plan Guidelines). Furthermore, prospective buyers and future occupants of dwellings shall be provided the following notice: This property is presently located in an urban area which periodically and regularly experiences elevated noise levels. Potential sources of this noise may be automobile traffic, railroad operations, flying aircraft, industrial/commercial uses and general human activity in an urban environment. You may wish to consider what noise level annoyances, if any, are associated with the property before you complete your purchase and/or rental agreement and determine whether they are acceptable to you. (Ord. 2004-18, eff. 12/16/04)

12-49-7 CHAPTER 12-50 REASONABLE ACCOMMODATION

Section 12-50.01. Purpose This chapter implements the policy of the City of Santa Maria on requests for reasonable accommodation in its rules, policies, and procedures for persons with disabilities as required by the Fair Housing Act, as amended, 42 U.S.C. Section 3604(f)(3)(B) and state law [Government Code §12955.6]. The policy of the City of Santa Maria is to comply fully with the provisions of the Fair Housing Act. Any person with a disability and eligible under the Fair Housing Act may request a reasonable accommodation with respect to the various land use or zoning laws, rules, policies, practices and/or procedures of the City as provided by the Fair Housing Act pursuant to the procedures set out in this Chapter. Nothing in this Chapter requires persons with disabilities or operators of group homes for persons with disabilities acting or operating in accordance with applicable zoning, licensing or land use laws or practices to seek reasonable accommodation under this Chapter. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.02. Definitions. (a) Act. The Fair Housing Amendments Act of 1988. (b) Applicant. An individual, group or entity making a request for reasonable accommodation pursuant to this chapter. (c) Code. The Santa Maria Municipal Code. (d) Department. The Community Development Department of the City of Santa Maria. (e) Disabled Person. Any person who, as defined by applicable federal law, has a physical or mental impairment that limits one or more major life activities or anyone who is regarded as having such impairment; or anyone who has a record of such impairment. (f) Housing. Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.03. Notice to the public of availability of accommodation process. The Department shall prominently display a notice at the counter in the City Community Development Department advising those with disabilities or their representatives that they may request a reasonable accommodation in accordance with the procedures established in this Chapter. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.04. Requesting reasonable accommodation. In order to make specific housing available to one or more individuals with disabilities, a person with a disability or a person acting on his or her behalf at his or her request (collectively "Applicant") may request a reasonable accommodation relating to the various land use or zoning rules, policies, practices and/or procedures of the City applicable to such housing. (a) A request by an applicant for reasonable accommodation relating to land use or zoning rules, policies, practices and/or procedures shall be made orally or in writing. The Department will assist the applicant with furnishing the Department all information necessary for processing the reasonable accommodation request, including that information which the Department deems necessary to complete a reasonable accommodation request form. Upon the City's receipt of the necessary information to process the applicant's request for reasonable accommodation, the Department shall use the information to complete a reasonable accommodation request form. (b) The Department will provide the assistance necessary to an applicant in making a request for reasonable accommodation. The Department will provide the assistance necessary to any applicant wishing to appeal a denial of a request for reasonable accommodation to ensure the process is accessible to the applicant. The applicant is entitled to be represented at all stages of the proceedings identified in this chapter by a person designated by the applicant. (c) Should an applicant disclose medical information in connection with a request for reasonable accommodation, this information shall: (1) be kept confidential as required by law; and (2) if in record format, be returned to the applicant and not maintained in City files. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.05. Jurisdiction. (a) Director/Designee. The director of the Department, or its designee ("Director/Designee"), shall have the authority to consider and act on requests for reasonable accommodation. When a request for reasonable accommodation is filed with the Department, it will be referred to the director/designee for review and

12-50-1 consideration. The director/designee shall issue a written determination within thirty (30) days of the date of receipt of a completed application and may (1) grant the accommodation request, or (2) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal and the right to request reasonable accommodation in the appeals process. The notice of determination shall be sent to the applicant by regular mail and by any other format reasonably requested by the applicant in writing. (b) If reasonably necessary to reach a determination on the request for reasonable accommodation, the director/designee may, prior to the end of said thirty (30) day period, request additional information from the applicant, specifying in detail what information is required. The applicant shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the thirty (30) day period to issue a written determination shall be stayed. The Director shall issue a written determination within thirty (30) days after receipt of the additional information. If the applicant fails to provide the requested additional information within said fifteen (15) day period, the Director shall issue a written determination within thirty (30) days after expiration of said fifteen (15) day period. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.06. Findings for reasonable accommodation. The following findings, while not exhaustive of all consideration and findings that may be relevant, must be made before any action is taken to approve or deny a request for reasonable accommodation and must be incorporated into the record relating to such approval or denial: (a) Whether the housing subject to the request for reasonable accommodation is to be used by an individual protected under fair housing laws; (b) Whether the accommodation requested is necessary to make housing available to one or more persons with disabilities; (c) Whether the requested accommodation would require a fundamental alteration to the City's zoning scheme; (d) Whether the requested accommodation would impose undue financial or administrative burdens on the City. A request for a reasonable accommodation shall not be denied for reasons which violate the provisions of the Act. This ordinance does not obligate the City to grant any accommodation request unless required by the provisions of the Act or applicable California state law. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.07. Appeals. (a) Within thirty (30) days after the date the director/designee mails a written adverse determination under Section 12-50.05 to the applicant, the applicant requesting reasonable accommodation may appeal the adverse determination. (b) All appeals shall contain a statement of the grounds for the appeal. (c) If an individual applicant needs assistance in appealing a determination, the Department will provide the assistance necessary to ensure that the appeal process is accessible to the applicant. All applicants are entitled to be represented at all stages of the appeal proceeding by a person designated by the applicant. (d) Appeals shall be to the planning commission, which shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than thirty (30) days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in Section 12-50.06 and shall be consistent with the Act and state law. The decision of the planning commission shall be final. (e) An applicant may request reasonable accommodation in the procedure by which an appeal will be conducted. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.08. No fee to be imposed. There shall be no fee imposed in connection with a request for reasonable accommodation under the provisions of this Chapter or an appeal of a denial of such request by the director/designee. Nothing in this ordinance obligates the City to pay an applicant's attorney fee. (Ord. 2007-25, eff. 1/17/08)

Section 12-50.09. Stay of Enforcement. While an application for reasonable accommodation or appeal of a denial of said application is pending before the City, the City will not enforce the subject zoning ordinance against the applicant. (Ord. 2007-25, eff. 1/17/08)

12-50-2 CHAPTER 12-51 DEVELOPMENT AGREEMENTS

Section 12-51.01. Authority and purpose. This chapter is enacted pursuant to the authority contained in Section 65864 et. seq. of the California Government Code. The purposes of these provisions are to prescribe the procedure for consideration of requests for development agreements, encourage private participation in comprehensive planning, and provide the City Council with flexibility to adjust municipal code requirements for development projects that offer significant benefit to the community or contribute to the successful achievement of City goals. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.02. Application. Application for a development agreement shall be made by a person, or the authorized agent of a person, having a legal or equitable interest in the affected property. Application shall be made on a form prescribed by the Community Development Director and shall be filed with the Community Development Department. The application shall be accompanied by a fee deposit prescribed by the City Council, and a project description, which shall include the following: (a) A legal description of the affected property, a listing of property owners, and the proposed parties to the agreement; (b) A description of the development project, indicating the permitted uses of the property, floor-area ratio or density, building height and size, phasing of development, provisions for the reservation and dedication of land for public purposes and such additional information as may be required to allow the applicable criterion and factors to be applied to the proposal. Such information may include, but is not limited to, site and building plans, elevations, relationships to adjacent properties, and operational data. Where appropriate, the description may distinguish between elements of the project that are proposed to be fixed under the agreement and those that may vary; (c) An identification of any planned unit development permit or other special zoning approval that has already been obtained for the development project; (d) Any special conditions, suggested by the developer; (e) The timing of the development project; (f) Public facilities financing plan; (g) A statement of the relationship to the specific plan and to the general plan; (h) Other items specific to the project proposal, as determined by the City Attorney or any affected City Department; (i) A specific listing of all requested adjustments to municipal code requirements; and (j) Identified benefits to the developer and to the City. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.03. Procedure. (a) An application for a development agreement shall be considered by the Planning Commission, which shall hold a public hearing on the application. Notice of the hearing shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The Planning Commission shall determine whether the proposal is consistent with the City's General Plan and any applicable specific plan, and may recommend to the City Council approval or disapproval of the application, or recommend its approval subject to changes in the development agreement or conditions of approval, giving consideration to the factors set forth in Section 12-51.04. (b) After a recommendation has been rendered by the Planning Commission, the City Council shall hold a public hearing on the application. Notice of the hearing and the intention to consider adoption of a development agreement shall be given as provided in Sections 65090 and 65091 of the California Government Code in addition to any other notice required by law for other actions to be considered concurrently with the development agreement. The Council shall review the recommendation of the Commission and determine whether the proposal is consistent with the City's General Plan and any applicable specific plan, and may approve or disapprove the proposed development agreement, or approve it subject to changes therein or conditions of approval, giving consideration to the factors set forth in Section 12-51.04. If the Council approves the development agreement or approves it subject to changes or conditions, it shall do so by ordinance. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.04. Factors for consideration. In reviewing an application for a development agreement, the Planning Commission and City Council shall give consideration to other pending applications and approved projects; the traffic, parking, public service, visual, and other impacts of the proposed development project upon abutting properties and the surrounding area; ability of the

12-51-1 applicant to fulfill public facilities financing plan obligations; the provisions included, if any, for reservation, dedication, or improvement of land for public purposes or accessible to the public; the type and magnitude of the project's economic effects to the City of Santa Maria, and of its contribution, if any, toward meeting the City's housing needs; and to any other comparable, relevant factor. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.05. Periodic reviews. (a) Periodic review. Each development agreement shall be reviewed at least once every twelve months and the review period shall be specified in the agreement. The applicant shall file for periodic review on a form prescribed by the Community Development Director with the Community Development Department. A fee prescribed by the City Council shall accompany the application. Failure to file for such review shall not prevent the City from conducting a periodic review as specified in the agreement. As part of periodic review proceedings, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director finds that such compliance has been deficient, this finding and a recommendation of the Director shall be forwarded to the City Council for consideration in accordance with subsection (b) of this section. (b) Termination. At any time the City Council may, at a public hearing, consider whether there are grounds for termination of any development agreement. Notice of the hearing shall be given in the manner specified in the development agreement. At the hearing, the applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such review, the Council finds and determines, on the basis of substantial evidence, that the applicant or successor thereto has not complied in good faith with the terms or conditions of the agreement, the Council may terminate or modify the agreement in whole or in part. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.06. Adherence to development agreement, and amendment or cancellation by mutual consent. A development agreement shall not be transferred or assigned to a new person without the written consent of the City. A successor in interest shall provide proof of ability to fulfill the applicant's obligations pursuant to the development agreement. In any case, the burdens of such agreement shall also bind, and its benefits shall also inure to, all successors in interest. A development agreement may be amended, or canceled in whole or in part, by the mutual consent of the parties to the agreement or their successors in interest. Such amendments and cancellations shall be processed in the same manner as an original application and shall be subject to the same procedural requirements. (Ord. 2011-11, eff. 1/19/11)

Section 12-51.07. Recording. No later than ten calendar days after the City enters into a development agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto. If the agreement is amended or canceled, pursuant to Sections 12-51.06, the City Clerk shall record notice of such action with the Recorder. (Ord. 2011-11, eff. 1/19/11)

12-51-2 CHAPTER 12-52 EFFICIENCY UNIT PROJECTS

Section 12-52.01. Purpose. The general purpose of this chapter is to create a tool that will assist in providing housing for persons of all income levels, consistent with the public health and safety and good planning practices. The specific purpose of this chapter is to provide access to clean, comfortable, and safe living conditions for residents. A related purpose is to facilitate new construction of efficiency dwelling unit projects or the structural conversion of transient occupancy uses into single-room occupancy projects, as appropriate, and to require that efficiency unit projects be consistently maintained in accordance with applicable standards so as not to create a public nuisance. (Ord. 2012-08, eff. 5/17/2012)

Section 12-52.02. Definitions. (a) “Efficiency unit” means efficiency dwelling unit, as established in Title 9, and containing no more than 519 square feet of floor area. (b) “Efficiency unit project” means five (5) or more efficiency units permitted in certain commercial areas through a planned development (PD) permit. One example of an efficiency unit project may involve the conversion of a motel into five (5) or more efficiency units rented for longer than thirty (30) days. Another example of an efficiency unit project may involve new construction of five (5) or more efficiency units. (Ord. 2012-08, eff. 5/17/2012)

Section 12-52.03. Where efficiency unit projects may and may not be established. Subject to the issuance of a planned development (PD) permit in an area with a PD overlay, an efficiency unit project may be established within the Central Business District (C-1) zone and the General Commercial District (C- 2) zone. Efficiency units or efficiency unit projects may not be established in the single-family residential (R-1, RSL-1, or RMH) zoning districts. Nothing in this Ordinance endorses illegal garage conversions as a method of creating additional dwelling units. .(Ord. 2012-08, eff. 5/17/2012)

Section 12-52.04. Special standards applicable to an efficiency unit project. The following special standards and requirements apply to an efficiency unit project: (a) Caretaker’s residence. A caretaker’s residence, as defined in Section 12-2.31, is required within an efficiency unit project. (b) Efficiency unit project parking shall be provided as follows: (1) One (1) uncovered parking space for each efficiency unit; (2) Two (2) uncovered parking spaces for an onsite manager unit; (3) Each efficiency unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that efficiency unit. (c) Landscaping shall be provided in the amount of fifteen (15) percent of the area of the lot, calculated as described in Chapter 44 of this Title. Landscaping design shall incorporate Low-Impact Development (LID) techniques, native and drought-tolerant plantings, and specific landscaping features that meet the resident needs and integrate into the overall project design. (d) Common exterior open space and amenities shall be provided for common use of the efficiency unit project residents at a minimum rate of 10 square feet per efficiency unit, with a minimum 150 square feet of common exterior open space provided for each efficiency unit project. (e) Recreational amenities shall be provided in addition to common open space. At least one recreational amenity shall be incorporated into the project design for each five (5) efficiency units, or fraction thereof. (f) Common interior area(s) shall be provided for common use of the efficiency unit project residents at a minimum rate of 10 square feet per efficiency unit, with a minimum 150 square feet of common interior area provided for each efficiency unit project. Within this common area, at least one (1) fixture amenity shall be provided for each five (5) efficiency units, or fraction thereof. (Ord. 2012-08, eff. 5/17/2012)

Section 12-52.05. Procedure for an efficiency unit project. (a) Applications for efficiency unit projects shall be processed in a manner consistent with procedures for a planned development permit per Chapter 12-35. (b) Nothing in this section precludes the concurrent processing of an efficiency unit project under the Historic Overlay District, per Chapter 12-25A, or as part of a Mixed Use project, per Chapter 12-49. (Ord. 2012-08, eff. 5/17/2012)

12-52-1 Section 12-52.06. Findings. In approving an efficiency unit project, the Planning Commission shall make findings supported by substantial evidence in accordance with Chapter 12-35. In addition, the Planning Commission shall make the following supplemental findings, supported by substantial evidence: (a) The efficiency unit project’s proposed structures, landscaping, hardscape and amenities will result in an overall superior setting for the Santa Maria community by improving the aesthetics of the built environment; and (b) If applicable, the efficiency unit project can significantly extend the useful life of any structures existing on the site; and (c) The efficiency unit project’s proposed operations will result in an overall superior living environment for the residents of the project by expanding housing opportunities and providing access to clean, comfortable, and safe living conditions. (Ord. 2012-08, eff. 5/17/2012)

12-52-2 CHAPTER 12-53 EMERGENCY SHELTERS

Section 12-53.01. Emergency shelters. This chapter provides for emergency shelters pursuant to Government Code Section 65583, and in conformance with State of California Health and Safety Code Section 50800-50806.5 as administered by Department of Housing and Community Development under the State of California Emergency Housing and Assistance Program and funded by the State Treasury Emergency Housing and Assistance Fund, as those sections now exist and may hereafter be amended. (Ord. 2013-04, eff. 6/6/13)

Section 12-53.02. Purpose. The purpose of this chapter, in accordance with Government Code Section 65583(a)(4), is to encourage and facilitate the establishment of emergency shelters according to objective standards, which will assure that emergency shelters are compatible with the surrounding neighborhood and do not create a public nuisance. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any building or use which violates any City ordinance or any statute of the State of California regarding public nuisances and health and safety, including but not limited to applicable Fire and Building codes. (Ord. 2013-04, eff. 6/6/13)

Section 12-53.03. Definitions. “Eligible organization” means an agency of local government, or a nonprofit corporation, that provides or contracts with community organizations to provide emergency shelter, and receives grant funding under the Emergency Housing and Assistance Program as administered by the California Department of Housing and Community Development. “Emergency shelter” means housing with minimal supportive services for homeless persons, and where occupancy by any one homeless person is limited to six months or less within a 12 month period. “Responsible party” means any individual, business or entity that is obligated to assure that an emergency shelter complies with the requirements of this Chapter. “Successful application” means a submission to the California Department of Housing and Community Development that has resulted in an award of Emergency Housing and Assistance Program grant funding pursuant to State of California Health and Safety Code Sections 50800-50806.5 and Title 25, Section 7967 of the California Code of Regulations, “Grant Selection Process.” (Ord. 2013-04, eff. 6/6/13)

Section 12-53.04. Permitted zoning districts where emergency shelters may be established. Emergency shelters may be established as a permitted use in the CPO and PF zoning districts. Emergency shelters shall be permitted in the CC, C-1, and C-2 zoning districts subject to obtaining a conditional use permit according to the procedures set forth in Article 2 of Chapter 12-35 of this title. Emergency shelters shall be subject to the standards of this Chapter, and the development and management standards of those districts contained in this title where emergency shelters are identified as a permitted use. (Ord. 2013-04, eff. 6/6/13)

Section 12-53.05. Establishment and management of emergency shelters; responsible party; criteria. Any person who establishes, manages or provides security for an Emergency shelter shall be a responsible party as defined in this Chapter. (a) Prior to establishing an emergency shelter in a CPO or PF district, a responsible party shall submit documentation to the Community Development Department that the emergency shelter meets each of the following criteria: (1) Proximity to other emergency shelters. The emergency shelter shall not be located on a property within a three hundred (300) foot radius of an existing emergency shelter property. The required distance for proximity to other shelters shall be measured using a straight level line, without regard to intervening structures or objects, as follows: The measurement shall start at the closest point of the exterior boundary of the subject emergency shelter property. The measurement shall end at the closest point on the other emergency shelter’s exterior property boundary. (2) Maximum number of persons/beds. The emergency shelter shall contain a maximum of 40 beds and shall shelter no more than 40 persons. (3) Off-street parking. Emergency shelters shall provide 1 parking space for every 10 beds, or 1 space for each residential unit, whichever is greater, plus 1 space for each person staffing the shelter. (4) Lighting. Emergency shelters shall provide external lighting as follows:

12-53-1 (A) The lighting shall be stationary and directed away from adjacent properties and public rights- of-way. (B) The lighting shall consist of low intensity, fully shielded, downward directed fixtures, placed uniformly throughout the site to reduce contrast between shadows and illuminated areas. (C) A minimum average maintained 0.5 foot-candles shall be maintained throughout the site. Light or glare exceeding 0.5 foot candle shall not be transmitted or reflected to surrounding properties or streets. (5) Size and location of exterior and interior on-site waiting and client intake areas. Emergency shelters shall provide on-site waiting and client intake areas. These areas shall either be located internal to the structure, or shall be a designated area fully screened from view of the public right of way and neighboring properties. (6) On-site management. Emergency shelters shall be managed onsite by individuals designated by an eligible organization, as defined in this Chapter. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include a copy of the eligible organization’s successful application, as defined in this Chapter, and shall include the name and contact information of the individuals designated by the organization to provide onsite management. (7) Length of stay. Emergency shelters shall limit each individual’s stay in the shelter to no more than 6 months in a 12-month period. (8) Security. Emergency shelters shall provide at least one on-site supervisor at all times to address and resolve security issues. The documentation submitted to the Community Development Department prior to establishing an emergency shelter shall include the name and contact information of the individuals or company providing on-site security. (b) Following the establishment of an emergency shelter, the onsite management company, individual managers, and, as to subparagraph (8), the on-site security supervisor, shall be responsible parties for maintaining the standards set forth in this section. (Ord. 2013-04, eff. 6/6/13)

12-53-2 CHAPTER 12-54 MEDICAL MARIJUANA DISPENSARIES

Section 12-54.01. Purpose. The purpose of this chapter is to prohibit medical marijuana dispensaries from being opened or established within the City of Santa Maria. (Ord. 2013-10, eff. 9/17/13)

Section 12-54.02. Definition. For purposes of this chapter, the following definition shall apply: (a) “Medical marijuana dispensary” means a facility or location, whether fixed or mobile, where medical marijuana is made available for medical purposes in accordance with Health and Safety Code Section 11362.5 et seq. (Ord. 2013-10, eff. 9/17/13)

Section 12-54.03. Medical marijuana dispensaries prohibited. Medical marijuana dispensaries are prohibited in every zone of the City. No person shall operate or permit to be operated a medical marijuana dispensary in or upon any premises in the City. (Ord. 2013-10, eff. 9/17/13)

12-54-1

Appendix

APPENDIX

Appendix-1

Appendix-2

Appendix-3

Appendix-4

Appendix-5

Appendix-6

Appendix-7

Appendix-8

Appendix-9

Appendix-10

Appendix-11

FIGURE 6

Property Line Maximum Slope – 5%

Sidewalk

Exit Ramp

16’ Min. Transition

Appendix-12

FIGURE 7

Transition Slope (1/2 Ramp Slope)

8’ Min. Maximum Ramp Slope – 20% 8’ Min.

Ramp Transition Transition

Appendix-13