Chapter 17.71 SPECIAL PROVISIONS AND DEVELOPMENT STANDARDS*

A. Upon application or on its own initiative, the planning commission may add a use to the list of permitted uses in any zone district, if the commission makes the following findings:

1. That the addition of the use will be in accordance with the purposes of the district in which the use is proposed;

2. That the use has the same basic characteristics as the uses permitted in the district;

3. That the use will not be detrimental to the public health, safety or welfare;

4. That the use will not create more vehicular traffic than the volume normally created by the uses permitted in the district;

5. That the use will not create more odor, dirt, smoke, noise, vibration, illumination, glare, unsightliness or any other objectionable influence than the amount normally created by any of the uses permitted in the district.

B. When a use has been added to a list of permitted uses, the use shall be added to the text of that section of this title when it is next published. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)

17.71.020 Public utility lines and mains.

The provisions of this title shall not be construed to limit installation or maintenance of public utility pole lines, pipes, conduits and mains, and domestic water wells or require any use permit therefor. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)

17.71.030 Building height.

A. Height of a building shall be measured along the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the roof.

B. Roof structures for housing elevators, stairways, tanks, ventilating fans or similar equipment, and fire or parapet walls, skylights, towers, flagpoles, chimneys, antennas or similar structures may be erected above the height limit but shall not be allowed for the purpose of providing additional floor space. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)

17.71.040 Institutional building yard requirements.

Any building erected, altered or used for school or church purposes or as an institutional building shall be located at least fifteen feet from every lot line of any property included in any RA, R or RM district, notwithstanding any lesser requirement in the zone where located; provided such building shall not be required to be located more than five feet from any lot line adjacent to any alley. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993)

17.71.050 Accessory buildings.

These regulations apply to all districts, planned communities, and specific plan areas, unless otherwise specified.

A. Permitted Accessory Uses and Structures. In addition to the principal uses and structures expressly included in a zoning district, accessory uses and structures customarily associated with and subordinate to a permitted principal use on the same building site and consistent with the purpose and intent of the applicable zoning district are permitted. Whenever there is a question as to whether a specific use or structure is permitted as an accessory use, the director shall make the determination.

B. Discretionary Action Required. Accessory uses and structures shall be subject to a discretionary action when one or more of the following apply:

1. The discretionary action is required by other zoning regulations; or

2. The principal use is subject to a discretionary permit and the accessory structure is over six feet in height.

C. Location of Certain Attached Accessory Structures. Accessory structures that are attached to a main building, are enclosed, and are over eight feet in height shall comply with the setback requirements for a main building.

D. Location of Other Accessory Structures. Accessory structures shall be permitted anywhere on the building site except within the following areas, unless as otherwise regulated by subsections (E) through (I) of this section:

1. Within the ultimate right-of-way.

2. Within the front yard setback.

3. The space between a dwelling and any accessory building on the same lot, when not joined by a common wall, shall be a minimum distance of ten feet.

4. A nondwelling accessory building may be located in a required side yard area on any part of the rear one-third of a lot, subject to the limitations of subsections (E) through (I) of this section.

5. Accessory buildings may be located in a portion of the required rear yard area in RA, R and RM districts, provided:

a. Such building may occupy not more than twenty percent of the length of the required rear yard, measured between side lot lines;

b. Such building may not be more than twelve feet in height or one story;

c. No such building may occupy any part of the required rear yard of a reversed corner lot.

E. Additional Standards for Accessory Structures in R Zoning Districts.

1. Accessory structures not exceeding one story may be located in the required rear yard but not closer than three feet to any lot line. On a reverse corner lot, an accessory structure shall not be located closer to the rear property line than the required side yard on the adjoining key lot. An accessory structure shall not be closer to a side property line adjoining a key lot and not closer to a side property line adjoining the street than the required front yard on the adjoining key lot. In placing accessory structures in a required rear yard, a usable, open, rear yard area of at least seven hundred eighty square feet shall be maintained.

2. Accessory and garden structures under seven feet in height may be located in any portion of a required side yard, except in the street side yard of a reversed corner lot; provided, that any mechanical equipment shall be located a minimum of five feet from a side property line adjoining an interior lot in any residential district.

F. Additional Standards for Accessory Structures in RM Zoning Districts.

1. Accessory and garden structures less than seven feet in height with no roof may be located within any portion of the required rear setback.

2. Accessory and garden structures under seven feet in height may be located in any portion of a required side setback, subject to administrative site plan review, except in the street side setback of a reversed corner lot.

G. Additional Standards for Accessory Structures in the PO Zoning District.

1. Accessory and garden structures under seven feet in height may be located within any portion of a required rear yard.

2. Accessory structures under seven feet in height may be located in any portion of a required side setback, subject to administrative site plan review under the provisions of Chapter 17.80, except in the street side yard of a reversed corner lot.

H. Swimming Pools. Swimming pools shall not be constructed within three feet of an ultimate vehicular right-of-way or property line. Swimming pools shall be used solely by persons residing on the site and their guests; provided, that all fencing complies with the Uniform Building Code and city standards.

I. Garages and Carports. Where a garage or carport is located with access from a public alley, it shall be set back a minimum of eleven feet from the alley right-of-way. No garage door or roof overhang shall extend into the alley right-of-way. Above- or below-ground swimming pools are to be set back a minimum of five feet from the rear yard property line. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.060)

17.71.060 Through lots.

On a through lot, a front yard shall be provided on each street frontage except where a waiver of access to one of the frontages applies. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.070)

17.71.070 Outside stairways, balconies and fire escapes.

A. Stairways, stair landings and balconies may extend into the required front or rear yard setback not more than three feet; provided, that all such structures shall be open, and without roofs, except for lattice type guard railings. Structural supports for stairways and landings may be enclosed.

B. Fire escapes, required by law, ordinance or regulations of a public agency, may project into any front, side or rear yard not more than four feet.

C. Depressed ramps or stairways and their supporting structures, designed to permit access to parts of buildings below average ground level, may extend into any required yard not more than forty-two inches. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.080)

17.71.080 Porches, eaves and sills.

A. Uncovered porches, platforms or landing places which do not extend above the level of the first floor of the building may extend into required yards as follows:

1. Into front yards not more than six feet;

2. Into side yards and rear yards not more than five feet.

B. Lattice type guard railings or walls, of not more than three feet in height, may be installed or constructed on such structures.

C. Eaves, sills, cornices, belt courses, buttresses or similar architectural features, fireplaces not exceeding eight feet in width, and planting boxes may extend or project no closer than three feet from the side lot line, and may extend or project into the required front yard not more than three feet. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.090)

17.71.090 Fences, walls and hedges.

A. Normal Corner Lots.

1. Along the side lot line of the street or alley side.

a. Anywhere within any required front yard area. Fences and walls shall be fifty percent or more open and shall not exceed a maximum height of forty-two inches.

b. Anywhere along the side lot line measured from the rear lot line to the beginning of the front yard area. Fences and walls shall not exceed six feet in height; provided, however, if a garage or carport is constructed with entrance from the side street, the fence or wall shall not exceed forty-two inches in height from the carport to the front line.

B. Reverse Corner Lots.

1. The same height restrictions shall apply as described for normal corner lots.

2. Hedges, trees and architectural features may be located in front yards and front the side lot lines adjacent to the front yard and along the street side, side yard, from the main structure to the front lot line and to the rear lot line, provided they are maintained in such a manner as not to create a hazard to life or limb to pedestrians or vehicular traffic.

C. When there is a difference in the ground level between two adjoining lots, the height of any wall or fence constructed along any property line shall be determined by using the level lot line of the highest contiguous lot.

D. The use of barbed wire, electrified fence or razor wire in conjunction with any fence, wall or hedge, or by itself within any residential zone, is prohibited unless required by any law enforcement agency or regulation of the state of California or any agency thereof. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.100)

17.71.100 Nonconforming front yards.

Where more than sixty percent of the lineal frontage of lots improved with residential buildings within any block is comprised of lots with less than the minimum front yard requirement, then the minimum front yard requirement for other residential buildings in such block shall be reduced to the average of the actual front yards of all of the lots in such block improved with residential buildings; provided, that those lots which have front yards of greater depth than the minimum requirement shall be counted as having the minimum requirement. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.110)

17.71.110 Effect of eminent domain.

If any land, right-of-way or easement is taken by eminent domain, or is granted to the condemnor under actual threat of suit in eminent domain, the following provisions and exceptions shall apply:

A. If the area of a lot is reduced below the minimum requirement thereby, such lot shall be deemed to be a legal substandard lot, and any existing building or structure thereon shall be deemed to be nonconforming.

B. If a required yard is reduced or eliminated thereby, any affected building or structure shall be deemed nonconforming; provided, however, that such building or structure may be structurally altered or enlarged as long as such alterations or enlargements comply with all other requirements of the zoning district.

C. If any required parking space on a lot is reduced or eliminated thereby, the provisions of Chapter 17.64 shall not be construed to require the replacement of the required parking space. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.120)

17.71.120 Clarification or interpretation.

In the event of need for clarification or interpretation of this title, the planning commission shall ascertain all pertinent facts and by resolution shall set forth its findings. Said resolution shall be transmitted to the city council. If approved by the council, said clarifications or interpretation shall govern until modified by resolution adopted in like manner or by appropriate amendment to this title. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.130)

17.71.130 Landscaping.

A. Whenever this zoning title requires landscaping, the following standards of design installation and maintenance (along with compliance with the Dinuba Landscape Design Guidelines) shall be observed:

1. When property is undeveloped at the time landscaping requirements are imposed upon the property, all required landscaping shall be provided and maintained prior to the time a main building is occupied for any use requiring a building or when any open use, other than agricultural, occurs on the property.

2. All vegetation shall be provided with an adequate, permanent and nearby source of water by means of installed on-site water sprinklers or a flood irrigation system. The irrigation system shall be designed to irrigate all plant material and to supply adequate on-site water to grow healthy plants under Dinuba’s climatic conditions. The irrigation plan shall indicate the type of heads, pipe size, valve size, backflow valve and water supply size and source.

3. Landscaping provided in conjunction with any use requiring a site plan shall be generally designated on the site plan. Prior to the issuance of any building permit, a detailed landscape planting, irrigation and grading plan (when a landscape mound is proposed) shall be submitted to a scale of not less than one inch equaling forty feet, which shall show the location, size and variety of all plantings, water supply, contours and similar designations as the director may require.

4. All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, or disease, and any such vegetation which shows signs of such damage or injury shall be replaced by the same or similar vegetation of a size and character which will be comparable at full growth.

5. Landscaping shall be kept free from weeds and undesirable grasses.

6. Every property owner or occupant shall be responsible for the maintenance and care of all trees, shrubs, plants and vegetation in the street right-of-way abutting such property.

7. Planting. Except for driveways and as otherwise provided by this title, all required yards shall be landscaped. Each residential parcel of land or lot shall have a minimum of one medium-sized tree for each residential unit. Each commercial and industrial parcel of land or lot shall have a minimum of one medium-sized tree for every two parking spaces. Two small trees (fifteen to thirty feet at maturity) shall be counted as one medium-sized tree. All present and future tree planting and shrub planting shall conform to the requirements of the city.

8. Parking Lot Shading. The following provisions shall apply in all PO and C districts as well as the PA overlay district:

a. For new uses, fifty percent of paved parking lot surfaces shall be shaded by tree canopies within fifteen years of planting. This requirement may be reduced for existing development if it is demonstrated that the constraints of an existing site would make it impossible to meet the normal standard. The requirement for parking lot shading for existing development shall apply if new construction or remodeling results in an addition of two thousand five hundred square feet or more. The amount of shading required for existing development shall be determined during the site plan review process but shall be in keeping with the intent of the section.

b. A “paved parking lot” shall include parking stalls, driveways and maneuvering areas.

c. Trees planted to satisfy the requirements of these guidelines are subject to established landscaping requirements as identified in subsection (A)(7) of this section. This requirement may be waived if the standards for shading have been met.

d. A landscaping plan which details the degree of compliance with the parking lot shading is required. The plan shall show:

i. All landscaped areas;

ii. Tree canopies drawn to scale representing the estimated canopy at a fifteen-year growth period;

iii. The total area in square feet of the paved parking lot, driveways and maneuver areas and the area shaded by tree canopies. A schedule listing total parking area, shaded area and the percentage of parking area shaded should be included;

iv. A schedule of the specific names of proposed trees and their sizes.

e. To simplify the process of determining compliance, the true angle of deflection of natural sunlight shall not be considered. Shaded areas shall be assumed to be only those portions of a paved parking lot directly beneath the shading canopy or drip line.

f. Any portion of a paved parking lot shaded by a manmade structure (overhangs and covered parking for instance) shall be subtracted from the area of the parking lot to be shaded.

g. Trees planted along the perimeter of a lot may be counted as providing shade for the full area of their canopy.

h. If the degree of overlap between trees is less than fifteen percent, all trees may be counted as shading one hundred percent of their canopy. If the degree of overlap is fifteen percent or greater, then it will be necessary to perform individual calculation to determine the area of shading.

i. A ten percent minor deviation of the shading standard may be approved by the director if it is found that the normal standards would impose an undue hardship.

9. The director may allow minor deviations from a landscape site plan.

10. The updated Model Water Efficient Landscape Ordinance, Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended, is hereby adopted and incorporated by reference into the code. One copy of the MWELO is on file and available for use by the public in the city of Dinuba public works department.

B. Whenever any person neglects to conform to this title, or a site plan concerning any landscaping or landscaped area, the director may require, upon thirty days’ written notice, such compliance. In the event noncompliance continues, in whole or in part, the director may cause work to be done and plantings to be made to bring the landscaping or area into compliance. The work and plantings and a lien therefor shall be accomplished as provided for in the Dinuba Municipal Code. (Ord. 2021-04 § 2 (Att. A § 16), 2021; Ord. 2017-03 § 2 (part), 2017: Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.140)

17.71.140 Satellite dish antenna.

A. Purpose. The purpose of this section is to allow the installation of dish-type satellite antenna within the city of Dinuba. Such installation shall be subject to development and location criteria outlined below.

B. Definition. “Dish-type satellite antenna” means a satellite earth station consisting of (1) a receiving component of a disc or similar configuration whose purpose is to receive television signals from orbiting satellites or other sources, and (2) a low noise amplifier whose purpose is to magnify television signals.

C. Residential Installation Criteria. The installation of dish-type antenna may be permitted in all AN, RA, R and RM districts, subject to the following criteria:

1. Antenna Size. Maximum diameter to be twelve feet.

2. Setbacks.

a. Rear, fifteen feet from center of dish;

b. Side, ten feet from center of dish;

c. Street side, fifteen feet from center of dish;

d. Front, to comply with zone regulation, dish must be screened from view if located behind setback front yard area.

3. Height. Maximum height to be thirteen feet, roof-mounted installations are prohibited.

4. Number. One dish-type satellite antenna per site. This shall be in addition to normal television and radio antenna.

D. Commercial Installation Criteria. The installation of dish-type satellite antenna may be permitted in all PO, C and M districts subject to the following criteria:

1. Installations shall be subject to site plan review.

2. Installations shall not be permitted within required front and street-side landscape areas.

3. Installations shall, by location and design, minimize visibility from adjoining properties and right-of-way.

4. Display of antennas on trailers or at other temporary locations on the site will be considered as open display of merchandise and shall be visually screened. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.150)

17.71.150 Recycling facilities.

A. Permits Required. No person shall permit the placement, construction or operation of any recycling facility without first obtaining a permit pursuant to the provisions set forth in this section. Recycling facilities may be permitted as set forth in the following table:

Type of Facility	Zones Permitted	Permit Required
Reverse vending machines	All commercial	To be approved by director
Small collection	C-2, C-3, C-4, M-1, M-2	To be approved by director
Large collection	C-2, C-4 M-1, M-2	Conditional use permit
Light processing	C-4, M-1, M-2	Conditional use permit
Heavy processing	M-1, M-2	Conditional use permit

B. Review Criteria. The city council is hereby empowered to adopt by resolution specific criteria and guidelines for review of applications for recycling facilities. The council may amend these standards from time to time, by resolution. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.160)

17.71.160 Abandoned or converted service stations.

A. Abandoned Service Stations. Service stations which become vacant or cease operation beyond one hundred eighty days shall be required to remove all underground storage tanks, remove all gasoline pumps and pump islands and shall remove freestanding canopies. In order to prevent said action, the owner must supply the director with written verification, prior to the one hundred eightieth day from time operations ceased, that an allocation of gas has been received and that operation of the station will commence within thirty days of the date of the written correspondence. If the service station is to resume operation after the one hundred eighty days, then the director shall require the processing and approval of a site plan application to ensure that the facilities will be reasonably upgraded and maintained. This could include such things as, but not limited to, replanting existing landscape areas, painting of structures, upgrading or installing trash enclosure, striping parking spaces, installation of signs in conformance with adopted sign provisions, resurfacing vehicle access and parking areas and installation of missing street improvements.

B. Converted Service Stations. Buildings and structures originally designed as a gasoline service station but proposed to be used for another use shall be subject to site plan review, administrative approval or conditional use permit, depending upon the use. The conversion of the facilities to another use may require upgrading and remodeling for such things as, but not limited to, removal of all gasoline appurtenances, removal of canopies, removal of pump islands, removal of overhead doors, additional landscaping, additional street improvements or modification of existing improvements to conform to access regulations and exterior remodeling. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.170)

17.71.170 Temporary uses.

A. Purpose. The purpose of this section is to regulate temporary land use activities which may adversely affect the public health, safety and welfare.

B. Authority. The director is authorized to approve, approve with conditions, or to deny such request. The director may establish conditions including, but not limited to, hours of operation, parking, signage and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize detrimental effects on surrounding properties. The director also may require a cash deposit or cash bond to defray the costs of cleanup of a site by the city in the event the applicant fails to leave the property in a satisfactory condition, or to guarantee removal and/or reconversion of any temporary use to a permanent use allowed in the subject district.

C. Temporary Uses in All Districts. Notwithstanding underlying zoning, temporary use permits may be granted for fruit and vegetable stands on properties primarily within undeveloped agricultural areas. All fruits and vegetables sold at such stands shall be grown by the owner/operator or purchased by said party directly from a grower/farmer.

D. Temporary Uses in Residential Zoning Districts. The following temporary uses may be allowed in any residential zoning district:

1. Enclosed temporary construction materials storage yards in any residential district, required in connection with the development of subdivisions.

2. Model homes and subdivision sales offices pursuant to subsection (F) of this section.

3. Trailer coaches or mobile homes on active construction sites pursuant to subsection (G) of this section.

E. Temporary Uses in Commercial and Industrial Zoning Districts. The following temporary land use activities may be allowed in the PO, C-1, C-2, C-3, C-4, M-1, and M-2 zoning districts, unless otherwise stated below:

1. Parking lot and sidewalk sales for businesses located within a C district;

2. Outdoor art and craft shows and exhibits subject to not more than fifteen days of operation or exhibition in any ninety-day period;

3. Seasonal retail sale of agricultural products raised on the premises, limited to periods of ninety days in a calendar year and when parking and access is provided to the satisfaction of the director. A minimum of ten off-street parking spaces shall be provided with provisions for controlled ingress and egress to the satisfaction of the director;

4. Religious, patriotic, historic, or similar displays or exhibits within yards, parking areas or landscaped areas, subject to not more than fifteen days of display in any ninety-day period for each exhibit;

5. Christmas tree or pumpkin sales lots subject to the following:

a. All such uses shall be limited to thirty days of operation per calendar year,

b. All lighting shall be directed away from and shielded from adjacent residential areas;

6. Circuses, carnivals, rodeos, pony riding or similar traveling amusement enterprises subject to the following:

a. All such uses shall be limited to not more than fifteen days, or more than three weekends, of operation in any one-hundred-eighty-day period. To exceed this time limitation shall require the review and approval of a conditional use permit,

b. All such activities shall have a minimum setback of one hundred feet from any residential area. This may be waived by the director if no adverse impacts would result,

c. Adequate provisions for traffic circulation, off-street parking and pedestrian safety shall be provided to the satisfaction of the director,

d. Restrooms shall be provided,

e. Security personnel shall be provided,

f. Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided,7

g. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the director;

7. Model homes and subdivision sales offices pursuant to subsection (F) of this section;

8. Trailer coaches or mobile homes on active construction sites pursuant to subsection (G) of this section;

9. Temporary sidewalk sales and use of the public right-of-way for the display and sale of merchandise not associated with businesses in the C districts, including distribution of free or reduced price cell phones, shall require approval by the director. The use for such purposes shall be limited to two weeks. Permanent use for such purposes is strictly prohibited;

10. Temporary revival church services shall be permitted in the C-2 (downtown commercial) and C-4 (general commercial) districts, subject to administrative approval per Chapter 17.80;

11. Mobile homes to provide temporary living or office quarters for circus or carnival personnel in accordance with an approved conditional use permit;

12. The following temporary signs and nameplates may be erected without obtaining a sign permit, in accordance with Chapter 17.72:

a. Temporary display posters in connection with nonprofit civic and cultural events and with noncommercial health, welfare and safety campaigns (such as Red Cross, United Crusade, Tuberculosis Seals, Heart Fund, performing arts and the like). Such posters shall be removed within fourteen days after the termination of the event;

b. Temporary window signs (noninternally illuminated) announcing special sales, a change in management, individual product and/or price signs or similar information and designed to be viewed from adjacent streets, sidewalks, public rights-of-way or parking lots within a business center. This section is not intended to allow additional permanent signs;

c. Temporary signs for the purpose of directing traffic to a residential property for sale shall be permitted; provided, that such signs shall have an area on any face not greater than three square feet, shall be limited to two in number pertaining to any property and shall be displayed only during the hours between eight a.m. and five p.m.;

13. Temporary Signs. Temporary signs of an area not greater than thirty-two square feet may be erected or maintained for a period of not more than ninety days upon approval of the director and the obtaining of a temporary sign permit from the building official, in accordance with Chapter 17.72, other provisions of this chapter notwithstanding;

14. Temporary Outdoor Fireworks Sales. Where such uses are approved, the sign standards allowed for such uses shall be as follows, in accordance with Chapter 17.72: temporary A-frame and I-frame signs may be used. Total number of signs per street frontage shall be one not to exceed twenty-five square feet in size nor six feet in height. Maximum sign area for all street frontages shall not exceed fifty square feet;

15. Temporary telephone booths in the P overlay district.

F. Model Home and Subdivision Sales Offices. Model homes may be used as offices solely for the first sale of homes within a recorded tract subject to the following conditions:

1. The sales office may be located in a garage, trailer or dwelling;

2. Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the director in one-year increments up to a maximum of four years or until ninety percent of the development is sold, whichever is less;

3. A cash deposit, letter of credit or any security determined satisfactory to the city shall be submitted to ensure the restoration or removal of the structure;

4. The sales office is to be used only for transactions involving the sale, rent or lease of lots and/or structures within the tract in which the sales office is located, or contiguous tracts;

5. Failure to terminate the sales office and restore the structure or failure to apply for an extension on or before the expiration date will result in forfeiture of the cash deposit, a halt in further construction or inspection activity on the project site and enforcement action to ensure restoration of the structure;

6. Street improvements and temporary off-street parking at a rate of two spaces per model shall be provided prior to commencement of sales activities or the display of model homes;

7. Flags, pennants or other on-site advertising shall be regulated pursuant to Chapter 17.72.

G. Trailer Coaches or Mobile Homes on Active Construction Sites. Trailer coaches or mobile homes may be permitted on active construction sites for use as a temporary living quarters for security personnel, or temporary residence of the subject property owner, subject to the following restrictions:

1. The director may approve a temporary trailer for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended;

2. Installation of trailer coaches may occur only after a valid building permit has been issued;

3. A recreational vehicle being defined as a motor home, travel trailer, truck camper or camping trailer, with or without motive power, shall not be permitted pursuant to this section;

4. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. (Ord. 2017-03 § 2 (part), 2017: Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.180)

17.71.180 Video machine arcades and video or Internet gambling businesses.

A. Purpose. The purpose of this section is to set forth development and operational standards for arcades. Such standards are adopted to protect the public welfare from potential problems associated with the operation of video machine arcades and Internet gambling.

B. Definitions. For the purpose of this section, the following definitions shall apply:

1. “Video arcade” means a commercial establishment that contains five or more video machines.

2. “Video machine” means any machine, device or apparatus, the operation of which is made possible by the placing of any coin, plate, disc, slug or key into any slot or other opening, or the payment of any fee for use as a game or contest, which is operated through the use of electronic means with transmitted images and sounds.

3. “Video or Internet gambling business” means an establishment where video machines simulate gambling or play gambling-themed games, such as, but not limited to, slots, roulette, dice games or other casino style games not allowed by Business and Professions Code Section 17539.1, that directly or indirectly connect a patron or customer with a sweepstakes, cash, cash-equivalent prize or other prize of value.

C. Permits Required.

1. Video arcades may be approved as a conditional use in the C-2, C-3 and C-4 zones.

2. Video machines, up to four in number, may be approved by the director, subject to the operational criteria set forth in subsection (D) of this section.

3. Video or Internet gambling businesses are prohibited in all zones.

D. Operational Criteria.

1. Location. Video machines and arcades shall not be located closer than six hundred feet to any public schools.

2. Hours of Operation. Normal hours of operation shall be between the hours of ten a.m. and eleven p.m. unless alternate hours are approved as part of a conditional use permit. Machines located in businesses may be operated during normal business hours if approved by the director (four or fewer machines) or conditional use permit (arcades). In any case, school aged children shall be prohibited from operating video machines while school is in session.

3. Security/Supervision. The use shall be under the supervision of an adult during all hours of operation. Additional supervision or security may be required as deemed necessary under the terms of the conditional use permit. The work station of the adult attendant shall be such that entry and immediate outside area is visible. Supervision responsibility shall extend to the public and/or parking areas in the vicinity of the arcade.

4. Alcoholic Beverages. No alcoholic beverages shall be bought or consumed on the premises, including the public and/or private areas in the vicinity. This shall not apply to businesses which are licensed and approved for alcoholic beverage sale and use.

5. Noise. No noise or sound generated by an arcade shall be audible outside of the arcade building.

6. Loitering. Gathering and loitering of individuals in the arcade and public and/or parking areas in the vicinity of the arcade shall be prohibited.

E. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance of any arcade with the conditions of the use permit under which the arcade is operating. (Ord. 2014-04 § 2 (part), 2014; Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.190)

17.71.190 Garage conversions.

A. Purpose. The purpose of this section is to allow, in limited cases, the conversion of garages and carports for living space. Such conversion is deemed acceptable subject to review of available off-street parking and compatibility with surrounding development.

B. Applicability. Provisions of this section shall only apply in cases as follows:

1. The site is being used as a single-family detached residence;

2. That a replacement covered parking area of a minimum of four hundred square feet, with a minimum width of twenty feet, be provided without encroaching on required front or side yard setbacks;

3. That the area converted shall be used as part of the main dwelling and shall not be used as a separate dwelling unit;

4. That the area to be converted shall be subject to all applicable building code requirements;

5. That the site be owner occupied and that such ownership shall have been in effect for a minimum of twelve months prior to approval of a conversion under this title.

C. Process. All applications for garage or carport conversions shall be subject to administrative approval pursuant to Chapter 17.80.

D. Conversion Criteria. Garage or carport conversions are subject to the following criteria:

1. The garage door shall be removed from the structure, except when the applicant is retaining one parking stall to a standard width and length which would also be perpendicular with the garage door. The exterior elevation of the conversion shall be compatible in design with the existing dwelling;

2. Provision for buffering, such as a planter, shall be provided between the converted carport or garage and the remaining parking area;

3. The remaining parking area shall have a minimum depth of twenty feet from property line with access to be approved by the director. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.200)

17.71.200 Bed and breakfast facilities.

A. Purpose. The purpose of this section is to provide for the following:

1. To allow, in limited cases, the operation of bed and breakfast facilities; and

2. To regulate such operations for the protection of the general health, safety and welfare.

B. Definition. “Bed and breakfast inn” means a single-family dwelling which is predominantly residential in character, containing three to six guest rooms offering overnight accommodations for rent, wherein a breakfast meal is customarily included in the lodging rate.

C. Process. Applications for bed and breakfast inns shall be subject to approval of a conditional use permit pursuant to Chapter 17.80. Bed and breakfast inns shall be subject to any such condition as deemed appropriate by the planning commission.

D. Development Criteria. Bed and breakfast facilities are permitted, pursuant to a conditional use permit, in R, RM and C-2 zoned areas. In order for a conditional use permit to be approved, the following development criteria shall be met:

1. All standards of the underlying zoning district including, but not limited to, height, lot and yard requirements and lot coverage shall apply.

2. One additional off-street parking space shall be provided for each room available for lodging purposes. Tandem parking shall not be deemed as meeting this requirement.

3. The owner of the facility shall reside on site.

4. Bed and breakfast facilities shall be subject to all applicable building, fire, health and safety codes.

5. No person who is paying rent in exchange for lodging shall occupy a guest room on the premises for more than fourteen consecutive nights.

6. The scale and appearance of the bed and breakfast facility shall remain primarily residential in character; all buildings and site improvements shall be similar to and compatible in design with the surrounding neighborhood and adjacent residences. The planning commission shall have authority to grant or deny applications for bed and breakfast facilities based upon design and aesthetic criteria, as well as the other provisions of this section.

7. One externally lighted sign shall be allowed on the premises. The sign may be either wall-mounted or freestanding and shall not exceed six square feet in area. Freestanding signs shall not exceed five feet in height.

8. Bed and breakfast facilities shall be operated by the permanent occupants of the premises. No more than two persons not residing on the premises shall be employed in the operation of the facility. One additional parking space shall be provided for each two employees. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.210)

17.71.210 Sight distance.

The following regulations shall apply to all intersections of streets, alleys and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within the cutoff areas established.

A. There shall be a corner cutoff area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty feet from the intersection of such lines at the corner of a street, alley or highway.

B. There shall be a corner cutoff area on each side of any private driveway intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point of not less than ten feet from the edges of the driveway where it intersects the street or alley right-of-way.

C. There shall be a corner cutoff area on each side of any alley intersecting a street or alley. The cutoff lines shall be in a horizontal plane, making an angle of forty-five degrees with the side, front or rear property line, as the case may be. They shall pass through a point not less than ten feet from the edges of the alley where it intersects the street or alley right-of-way.

D. Where, due to an irregular lot shape, a line at a forty-five degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line that is not less than thirty feet from the intersection of the side and front (or rear) property lines and through a point on the side and front (or rear) property lines. (Ord. 2008-05 § 1 (part), 2008: Ord. 93-6 § 3 (part), 1993. Formerly 17.71.220)

17.71.220 Regulation of adult material.

A. Purpose. The adult uses and material subject to the provisions of this section are recognized as having serious objectionable characteristics which are incompatible with, and may have deleterious effects upon, adjacent areas and community values.

B. Definitions. The following definitions shall apply:

1. “Display” means to place in plain view.

2. “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is a matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct which, taken as a whole, lacks significant literary, artistic, political or scientific value for minors.

a. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the appeal of the matter shall be judged with reference to its intended recipient group.

b. In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that matter is being commercially exploited by the defendant for the sake of its prurient appeal, that evidence is prohibitive with respect to the nature of the matter and can justify the conclusion that the matter lacks significant literary, artistic, political or scientific value for minors.

3. “Matter” means any book, magazine, newspaper, video recording or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment, machines or materials.

4. “Minor” means any person under eighteen years of age.

C. Limitations Upon Display of Certain Materials. It shall be unlawful for any person, partnership, corporation or other legal entity to display harmful matter in a public or private place, other than a public or private place from which minors are excluded, without placing a device commonly known as a blinder rack in front of such matter, so that the lower two-thirds of the material is not exposed to view. (Ord. 2008-05 § 1 (part), 2008: Ord. 98-11 § 1, 1998; Ord. 93-6 § 3 (part), 1993. Formerly 17.71.230)

17.71.230 Necessity of conditional use permits for the sale of alcoholic beverages.

A. Purpose. The purpose of this section is to set forth the development and operational standards for the issuance of a conditional use permit for alcoholic beverage sales. Such standards are adopted to protect the public welfare and health from the potential problems associated with the sale of alcoholic beverages.

B. Definitions. For the purposes of interpreting this section, the following definitions shall apply:

1. “Employee of off-sale liquor establishment” means the person, corporation, partnership, limited liability company, joint venture or group enterprise legally responsible for the day-to-day operation of the off-sale liquor establishment, who may or may not also be the owner of the off-sale liquor establishment.

2. “Off-sale liquor establishment” means any establishment which, after the effective date of the ordinance which adopted this section, applies for or has obtained a liquor license from the California Department of Alcoholic Beverage Control (ABC), including license types 20 and 21, for the purpose of selling alcoholic beverages at a location within the city, which beverages are not to be consumed on the premises where they are sold.

3. “On-sale liquor establishment” means any establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises, including but not limited to any facility which has obtained a California Department of Alcoholic Beverage Control license type 41, 42, 47, 48, 51, 52 or 63, for the purpose of selling alcoholic beverages at a location within the city which are to be consumed on the premises where they are sold.

4. “Owner of off-sale liquor establishment” means the person, corporation, partnership, limited liability company, joint venture or other enterprise having lawful possession of the premises upon which the off-sale liquor establishment is operated. The owner of the off-sale liquor establishment may or may not also be an employee of the off-sale liquor establishment.

5. “Server” means any employee or an owner of either an on-sale liquor establishment or of an off-sale liquor establishment, who provides services directly to the retail customer of that establishment.

6. “Substantial change of mode or character of operation,” for the purposes of this chapter, means and includes but is not limited to any one or more of the following:

a. A period of closure greater than thirty days; or

b. An increase in square footage of that portion of the property in which alcoholic beverages are either sold or in which the inventory is open to customers; or

c. The establishment changes its type of liquor license within a license classification or is required by the state, for any reason, to apply or reapply for the same type of license or a different type of license for the sale of alcoholic beverages for this location and it does so successfully.

C. Permits Required.

1. No place wherein alcoholic beverages are sold, served or given away for on-site or off-site consumption shall be established in any zone without first obtaining a conditional use permit for alcoholic beverage sales from the city, and then an application for such a permit shall be considered if and only if the use in question is permissible in the zone where the property is located with such a permit. No existing site which is currently used for such a purpose which then has a substantial change of mode or character of operation, as defined in this section, shall continue to operate without first obtaining a conditional use permit.

2. A conditional use permit issued under this section shall be reviewed by the director of public works annually. Should the operator fail to comply with the conditions of the conditional use permit, then the matter shall be recommended to the planning commission to initiate a procedure under Section 17.04.170 to consider revocation of the conditional use permit.

3. Any substantial change of mode or character of operation shall require a new conditional use permit.

4. In considering an application for a conditional use permit or revocation of an existing conditional use permit for alcoholic beverage sales under this section, the planning commission and, if appealed, the city council, shall consider whether the proposed use will adversely affect the health, safety or welfare of the residents of the area or will result in an undue concentration of such establishments in one area.

a. Whether the application is denied or granted or revoked, the planning commission, and, if appealed, the city council, shall make written findings based upon substantial evidence in view of the whole record to support its decision.

b. The planning commission, or, if the matter is appealed, the city council, shall also consider whether the proposed use will detrimentally affect nearby residentially zoned districts in the area, after giving consideration to the distance of the proposed use from the following:

i. Residential buildings;

ii. Churches, schools, hospitals, public playgrounds and other similar uses; and

iii. Other establishments dispensing for sale or other consideration alcoholic beverages, including beer and wine.

c. In all determinations pursuant to this section, the applicant for the conditional use permit for alcoholic beverage sales shall have the burden of proving by substantial evidence that the proposed use will not adversely affect the health, safety or welfare of the public, nor result in undue concentration of alcoholic beverage outlets in that part of the city, or detrimentally affect nearby uses within the city.

5. The director is specifically authorized to refuse the issuance, other than renewal or ownership transfer, of any retail license for premises located within six hundred feet of churches, hospitals, schools, public playgrounds, and nonprofit youth facilities including, but not limited to, facilities serving Girl Scouts, Boy Scouts, or Campfire Girls. This distance shall be measured pursuant to rules of the department, which is a straight-line distance from the nearest wall of the off-sale liquor establishment’s structure to the nearest wall of the sensitive facility’s structure, or to the playground or park area when there is no structure.

D. Operational Criteria. Off-sale liquor establishments shall meet all of the following conditions both at the time of and all times while holding a conditional use permit for alcoholic beverage sales under this section. Such establishments shall not sell or store motor fuels on the same premises as alcoholic beverages, except upon the following conditions:

1. The sale of alcoholic beverages shall not be located closer than six hundred feet to any public or private school as measured in a straight-line distance from the nearest wall of the off-sale liquor establishment’s structure to the nearest wall of the sensitive facility’s structure, or to the playground or park area when there is no structure.

2. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler which was affixed in the location on or before January 1, 1997.

3. No alcoholic beverage (including but not limited to beer or wine) advertising shall be located on any motor fuel islands and all advertising and signs shall comply with Chapter 17.72.

4. No sale of alcoholic beverages shall be made from a drive-up or drive-in window.

5. No display or sale of beer or wine shall be made from an ice tub.

6. Employees who are on duty between the hours of ten p.m. and either two a.m. or closing, whichever is earlier, who sell beer or wine shall be at least twenty-one years of age.

7. Gathering and loitering of individuals is prohibited at either public or private parking areas of off-sale liquor establishments.

E. Existing Establishments Selling Alcoholic Beverages.

1. Any establishment lawfully existing prior to the effective date of the ordinance adopting this chapter and licensed by the state for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a conditional use permit for alcoholic beverage sales when there is substantial change in the mode or character of operation.

2. An establishment which becomes lawfully established on or after the effective date of the ordinance which adopted this chapter which is licensed by the state for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a new or a modification of any existing conditional use permit for alcoholic beverage sales applicable to that establishment when there is a substantial change in the mode or character of operations of the establishment.

F. Monitoring of Use. Periodic inspections, which may or may not be announced in advance, may be conducted by the city to ascertain compliance by any establishment engaged in the sale of alcoholic beverages with the conditions of the use permit under which it is operating. Violation of any provision of the conditional use permit is subject to revocation as set forth in Section 17.80.100. A fee for inspection will be charged based on the actual cost to the city expressed as an hourly rate as established by the MSI Study. (Ord. 2012-03 § 2 (part), 2012; Ord. 2008-05 § 1 (part), 2008: Ord. 98-9 § 12, 1998. Formerly 17.71.240)

17.71.240 Minor changes in property use or change in occupancy.

A. Minor changes in property use or occupancy that do not warrant full discretionary permit review as determined by the director will be required to make reasonable minor improvements or upgrade existing improvements as per city requirements.

B. Minor changes in property use or occupancy that are obviously in a neglected state of repair or maintenance as determined by the director will be required to be processed as an administrative site plan review and be required to upgrade the property as per city requirements. (Ord. 2008-05 § 1 (part), 2008)

17.71.250 Street dedications and improvements.

Because of changes that may occur due to drainage conditions, utility service requirements or vehicular traffic generated by facilities requiring an administrative site plan review, the following dedications and improvements may be deemed necessary and may be required as a condition or conditions to the approval of any site plan:

A. Development Bordering or Traversed by an Existing Street. If the development borders or is traversed by an existing street, the applicant may be required to:

1. Dedicate all necessary rights-of-way to widen a bordering minor or collector street to the extent of one-half the ultimate width established by the city as the standard for such minor or collector street, or the full extent required for a frontage road;

2. Dedicate all necessary rights-of-way to widen a traversing minor or collector street to its ultimate width established by the city as the standard for such minor or collector street;

3. Dedicate all necessary rights-of-way to widen a bordering or traversing arterial street to the standards of width established by the city;

4. Set back all facilities the required distance from ultimate property lines along an arterial or collector street as shown on any master, official or precise plan of streets and highways, or by the city’s general plan;

5. Install curbs, gutters, sidewalks, street signs, street lights and street trees along one side of a bordering or along both sides of a traversing minor, collector or arterial street;

6. Install utilities and drainage facilities to the full extent of the service requirements generated by the development.

B. All improvements shall be to city standards existing at the time the site plan is approved and shall be installed at the time of the proposed development. Where it is determined by the city that it is impractical to put in any or all improvements at the time of the proposed development, an agreement to make such improvements may be accepted in lieu thereof. In any event, the applicant shall enter into an agreement with the city for the provision of improvements before a building permit may be issued, at which time there shall be money deposited with or in favor of the city to guarantee the making of such improvements.

C. Street dedications and improvements which may be required by this section shall be considered only on the principle that they are required as near as practical in proportion to the traffic, utility and other demands generated by the proposed development. (Ord. 2008-05 § 1 (part), 2008)