Coastal LUC Chapter 17.42 Standards for Specific Land Uses

Chapter 17.42
Standards for Specific Land Uses

Sections:

17.42.010 Purpose and Applicability

17.42.020 Accessory Retail and Service Uses

17.42.030 Agricultural Accessory Structures

17.42.040 Animal Keeping

17.42.046 Aquaculture Development or Facilities

17.42.050 Bed and Breakfast Inns (B&Bs)

17.42.060 Child Day Care Facilities

17.42.070 Drive-Through Facilities

17.42.080 Home Occupations

17.42.090 Live/Work Units

17.42.095 Medical Marijuana Dispensary

17.42.100 Mixed Use Projects

17.42.110 Mobile Homes and Mobile Home Parks

17.42.120 Multi-Family Projects

17.42.130 Outdoor Displays and Sales

17.42.140 Outdoor Storage

17.42.144 Pipelines and Transmission Lines

17.42.150 Recycling Facilities

17.42.160 Residential Accessory Uses and Structures

17.42.170 Second Units

17.42.180 Service Stations

17.42.010 - Purpose and Applicability

A. Purpose. This Chapter provides site planning, development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts and Allowable Land Uses) within individual or multiple zoning districts, and for activities that require special standards to ensure their compatibility with site features, and existing uses and structures in the site vicinity.

B. Applicability. The land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

1. Where allowed. The uses that are subject to the standards in this Chapter shall be located only where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

2. Planning permit requirements. The uses that are subject to the standards in this Chapter are allowed only when authorized by the planning permit required by Article 2, except where a planning permit requirement is established by this Chapter for a specific use.

3. Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Zoning Districts and Allowable Land Uses), 3 (Site Planning and Project Design Standards), 5 (Resource Management), and Article 6 (Site Development Regulations).

a. The applicability of the standards in this Chapter to the specific land uses listed is determined by Chapter 17.20 (Development and Land Use Approval Requirements).

b. In the event of any conflict between the requirements of this Chapter and those of Articles 2 or 3, the requirements of this Chapter shall control.

17.42.020 - Accessory Retail and Service Uses

This Section provides standards for specific retail sales and service uses, including restaurants, pharmacies, and the sale of retail merchandise, that are accessory to a primary commercial, industrial, or institutional use, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. General standard. There shall be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, windows with merchandise visible from adjoining streets, etc.), nor access to any space used for the accessory retail or service use other than from within the primary structure.

B. IL (Light Industrial) zoning district. Accessory retail services uses within the IL zoning district shall be limited to businesses that the review authority determines will manufacture, refine, repair, finish, or store their products or services on-site, will provide adequate parking and street access, and not generate significant customer traffic.

C. Review and approval requirements. Accessory retail and service uses may require Design Review in compliance with Section 17.71.050. Accessory Retail and service uses require a Minor Use Permit in compliance with Table 2-10 in Section 17.24.030. In order to approve an accessory retail or service use, the review authority shall first find that there will be no adverse effects on adjacent existing or potential residential uses from excessive traffic, noise or other effects of the accessory use.

17.42.030 - Agricultural Accessory Structures

The following standards apply to agricultural accessory structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Timing of installation. An agricultural accessory structure shall only be constructed concurrent with or after the construction of an approved primary structure on the same site, unless:

1. The site is one acre or larger, and the proposed structure is a barn, or other structure used for confining animals and/or housing farm equipment or supplies, or is a noncommercial greenhouse; or

2. Construction in advance of a primary structure is authorized through Minor Use Permit approval.

B. Setback requirements. An agricultural accessory structure shall comply with the setback requirements of the applicable zoning district, except where Section 17.42.040 (Animal Keeping) establishes a greater setback requirement for an animal keeping structure.

17.42.040 - Animal Keeping

Animal keeping within the City shall comply with requirements of this Section, and shall occur only where allowed by Article 2 (Zoning Districts and Allowable Land Uses), and this Section. The provisions of this Section are intended to assist in ensuring that animal keeping does not create adverse impacts on adjacent properties by reason of bright lights, dust, insect infestations, noise, odor, or visual blight.

A. Pre-existing uses. Any legally established animal keeping use that became nonconforming upon adoption of this Section shall be permitted to continue subject to Chapter 17.90 (Nonconforming Uses, Structures, and Parcels).

B. Allowable animal keeping activities and permit requirements.

1. Activities and permit requirements. Animal keeping, including related animal husbandry activities (breeding, judging, etc.) is allowed only in compliance with the limitations on use and permit requirements in Table 4-1, and the animal keeping standards in Subsection C. The keeping of imported animals may require approval by the U.S. Department of Agriculture Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or the California Department of Food and Agriculture, and the Mendocino County Agricultural Commissioner, in addition to any City approval required by this Section.

Table 4-1 - ALLOWABLE ANIMAL-KEEPING AND PERMIT REQUIREMENTS
Type of Animal	Permit Requirement by Zoning District
Type of Animal	RR	RS	Other Zones Allowing Residential Use

Aviary	P	P	C
Beekeeping	P	P	C
Fowl and poultry, except roosters	P	P	C
Hogs and swine	P	C	C
Horses and cows	P	MUP	C
Household pets	P	P	P
Roosters	MUP	C	C
Other large animals (defined in Table 4-2)	P	MUP	C
Other small animals (defined in Table 4-2)	P	P	P


Key to permit requirements:
P	Permitted animal keeping, no City approval required for the animal keeping activity, provided that it complies with the standards in Subsections C. through F.
MUP	Minor Use Permit approval required in compliance with Section 17.71.060
C	Type of animal or activity not allowed.

2. Minor Use Permit review. Where Table 4-1 requires a Minor Use Permit for keeping a specified animal type, the purpose of the discretionary review shall include evaluation of how the proposed animals will be housed and/or confined, and whether the location, size, and design of the area on the site for animal keeping will be adequate to allow compliance with the other standards of this Section without unreasonable effort on the part of the animal manager. In approving a Minor Use Permit in compliance with this Section, the review authority may limit the maximum number of animals allowed on the site as appropriate to the characteristics of the site, the surrounding land uses, and the species of animals proposed.

C. Animal keeping standards. All animal keeping shall comply with the standards in Table 4-2, where allowed by Subsection B., Table 4-1, except that more animals may be allowed by Minor Use Permit.

Table 4-2 - ANIMAL-KEEPING STANDARDS
Type of Animal or Facility	Maximum Number of Animals per Site (1)	Minimum Lot Area (2)	Minimum Setbacks (3)
Type of Animal or Facility	Maximum Number of Animals per Site (1)	Minimum Lot Area (2)	From Side/Rear Property Lines	From Streets and Dwellings

Aviary for birds other than fowl and poultry	20 per acre	2 acre	25 ft	50 ft
Dogs and cats	5 animals total on a site less than 1 acre; 5 of each species on a site of 1 acre or more	None required	None required	None required
Fowl and poultry	12 per acre	2 acre	25 ft	50 ft
Hogs and swine	1 per acre	2 acres	50 ft	100 feet
Horses and cows	2 per acre	1 acre	25 ft	50 ft
Other small animals - Including chinchillas, rabbits, non-poisonous reptiles, rodents, and other non-poisonous small animals.	6 animals total on a site less than 1 acre; 4 of each species on a site of 1 acre or more, where allowed by Table 4-1.	None for 6 or fewer animals; 1 acre for 7 or more animals	None on a site of less than 1 acre; 10 ft on a site of 1 acre or more.	None on a site of less than 1 acre; 25 ft on a site of 1 acre or more.
Other large animals - Emus, goats, llamas, miniature horses and donkeys, ostriches, pot belly pigs, sheep, and similar sized animals.	4 per acre	2 acre	25 ft	50 feet for accessory structure, none for pasture

Notes:

(1) Offspring allowed in addition to maximum number until market-ready.

(2) Minimum lot area required for the keeping of animals.

(3) Minimum setbacks from all property lines for barns, shelters, pens, coops, cages, and other areas and structures where animals are kept in concentrated confinement; but not including areas continuously maintained as pasture. Animals shall not be kept in any required front yard setback except in pasture areas.

D. Maintenance and operational standards. All animal keeping shall comply with all of the following maintenance and operational standards.

1. Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Manure shall also not be allowed to accumulate within setback areas. Each site shall be maintained in a neat and sanitary manner.

2. Containment. All animals shall be effectively contained on the site, and shall not be allowed to run free on any parcel in a separate ownership or in a public right-of-way.

3. Waterway protection. The keeping of horses or cattle within 50 feet of any waterway shall first require Director approval of a good housekeeping plan to protect the waterway from the polluting effects of runoff from the animal keeping area. The plan shall provide for regular manure removal, the maintenance of pasture vegetation to minimize the exposure and potential erosion of bare soil, site grading to direct runoff to detention and settling areas rather than the waterway, and/or other measures approved by the Director.

4. Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation on any public road, adjoining property, or in any drainage channel or other waterway. In the event sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement.

5. Noise control. Animal keeping shall comply with the Municipal Code Chapter 9.44.

E. Animal husbandry project exception. The keeping or raising of a calf, horse, goat, sheep, hog, chickens, rabbits, birds or other animals as a 4 H or Future Farmers of America (FFA) project shall comply with the following requirements.

1. Minimum site area. A minimum of one acre of site area shall be required for the keeping of horses, cows, or other large animals.

2. Setback requirements. The project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any dwelling other than on the project site; except that a hog or swine shall not be located closer than 100 feet from any dwelling other than on the project site.

3. Maximum number of animals. The number of animals shall comply with the limitations in Subsection C.

4. Maintenance. The animal keeping shall comply with all standards in Subsection D.

F. Kennels and animal boarding. Each kennel and other small animal boarding facility shall comply with the following standards.

1. Minimum site area. An animal boarding facility may be approved only on a parcel of 2 acres or larger.

2. Enclosure within building. All animal boarding (sleeping and night-time confinement) shall occur within an entirely enclosed building.

3. Noise control. The building used for animal boarding shall be insulated, or otherwise constructed and maintained so that no noise from animals within the building is audible to an average person at the property line of the site.

4. Management. A manager of the facility shall be present on the site at all times.

17.42.046 - Aquaculture Development or Facilities

A. Conformance to LCP. All aquaculture development or facilities shall require a coastal development permit unless it is development exempt from coastal development permit requirements pursuant to Section 30610 of the Coastal Act and Section 17.71.045 of this Development Code. All aquaculture development shall be consistent with all policies and standards of the certified LCP, including but not limited to policies regarding the protection of public access, water and marine resources, environmentally sensitive habitat areas, hazards, water quality, archaeological resources, and visual resources.

B. Application requirements. An application for aquaculture development or aquaculture facilities shall comply with the requirements of Chapter 17.70 (Permit Application Filing and Processing), and the requirements of Section 17.71.045 (Coastal Development Permit). In addition to the application information required by Chapter 17.70 and Section 17.71.045, an application for aquaculture development shall contain the following specific information to enable the review authority to evaluate the conformance of the proposed development or facility with the policies and standards of the certified LCP:

1. Maps. An area map identifying the location of the development or facility, and any proposed intake structures and outfalls. The map should be based upon an official map of the U.S. Geologic Survey (USGS) with a scale appropriate to the geographic surroundings.

2. Project plans. Plans of the development or facility drawn to scale and including:

a. A site plan of the development or facility depicting all structures, ponds, raceways, holding tanks, water containing or conveyance structures, work areas, paving, fencing, property lines;

b. A map identifying surrounding uses and delineating existing improvements and property lines;

c. Grading and drainage plans;

d. Floor plans;

e. Building elevations; and

f. Landscaping plans.

3. Project description. A general description of the development or facility, indicating the total number of ponds, raceways, holding tanks, and other similar water containing or conveyance structures.

4. Flow diagram. A flow Diagram of the development or the facility that contains all subflows, inputs, and outputs to the facility, with discharge rates expected at different times.

5. Days of operation. The projected number of operating days for the facility on a monthly basis throughout a calendar year.

6. Species list. A list of species of aquatic animals and plants held and fed, or introduced to the facility. For each species, the application shall specify the total weight produced by the facility per year in pounds of harvestable weight, and the maximum weight present at any one time. The values given should be representative of normal operation.

7. Feeding poundage. The total pounds of food fed during the calendar month of maximum feeding, based upon normal operation.

8. Discharge data. A list of the projected types, maximum daily amounts, and maximum concentration of all drugs, disinfectants, and other chemicals that will be used at the facility that could ultimately be discharged to coastal waters. Material Safety Data Sheets shall be submitted for each such product that could be discharged. The basis of calculations and/or a comparison of the reported concentrations with analytical method detection limits could be included.

9. Best management practices (BMPs) plan. A copy of a complete BMPs Plan in compliance with Section 17.42.046.C.

10. Monitoring and maintenance plan (MMP). A copy of a MMP. The MMP shall detail inspection and maintenance activities for structural BMPs and lay out a procedure for periodic evaluations of nonstructural BMPs.

11. Outfalls. A description of the number and nature of any outfalls from the facility to the receiving water, using a sketch, diagram or photograph to depict the facility; intakes, outfalls, and receiving water. The maximum daily, maximum 30-day average, and long-term (greater than six months) average flow (gpd) from each outfall shall be provided.

12. Alternatives analysis. An alternatives analysis of whether there are feasible less environmentally damaging alternatives for any proposal to place intake or discharge lines above ground within the harbor district and the adjoining tidelands and submerged lands of the Noyo River, or on the face of coastal bluffs within the Timber Resources Industrial district. Alternatives to be evaluated shall include placing lines under ground through use of discretional drilling or trenching, using closed-loop aqua culture systems that do not require offshore intake and discharge line, connecting discharge line to the existing sanitary sewer system, and minimizing impacts through alternative locations.

13. Compatibility. A visual analysis of whether the aquaculture development facility would be visually compatible with the character of the surrounding area.

14. Biological resource survey. A survey of biological resources of the development site that includes a narrative description and map of the biological resources, an analysis of the potential impacts of the proposed development of the identified habitat or species, project alternatives designed to avoid and minimize impacts to sensitive resources, and mitigation measures that would minimize or mitigate residual impacts that cannot be avoided through project alternatives.

15. Geotechnical study. All aquaculture development or facilities, including any intake or discharge lines, located in or near an area subject to geologic or flood hazards, including but not limited to bluff erosion, slope stability, seismic events, liquefaction, tsunamis, floods and wave attacks, shall be required to submit a geologic/soils/geotechnical study report prepared by a Registered Geologist, a licensed Certified Engineering Geologist (CEG) or Geotechnical Engineer (GE) that identifies any geologic hazards affecting the development site and any necessary mitigation measures. The geologic/soils/geotechnical report shall include a statement by the consultant that the development will be safe from geologic hazards and that the development will in no way contribute to instability on or off the subject site.

16. Water and sewer capability. Evidence demonstrating the availability of adequate water and sewer services to serve the aquaculture development or facility.

C. Best Management Practices Plan. Applicants for aquaculture development or facilities shall develop and implement a Best Management Practices (BMP) Plan that ensures all development will be carried out in a manner that sustains the biological productivity of coastal waters, protects human health and maintains healthy populations of all species of marine organisms. BMPs are schedules of activities, prohibitions of practices, cleaning and maintenance procedures, employee training, treatment methods, etc. that are employed to control discharge of pollutants.

1. Application Requirements. A complete BMP Plan shall be submitted with the permit application. The BMP Plan shall document specific BMPs and their standard operating procedures. An approved BMP Plan shall be fully implemented prior to commencement of any discharges associated with the development.

2. Minimum Requirements. At a minimum, structural and/or non-structural BMPs shall be proposed, to the maximum extent feasible, to:

a. Minimize the reintroduction of solids removed through the treatment of the water supply;

b. Minimize excess feed entering the aquatic animal production system;

c. Minimize the discharge of unconsumed food;

d. Minimize discharge of feeds containing high levels of fine particulates and/o high levels of phosphorus;

e. Minimize discharges to surface waters of blood, viscera, fish carcasses, or transport water containing blood associated with the transport or harvesting of fish;

f. Clean raceways, ponds, tanks or settling ponds at frequencies that minimize the disturbance and subsequent discharge of accumulated solids during routine activities, such as harvesting and grading of fish, and ensure adequate retention volume for the settling ponds;

g. Maintain in-system technologies to prevent the overflow of any floating matter and subsequent by-pass of treatment technologies;

h. Ensure the safe storage of drugs and chemicals to avoid inadvertent spillage or release into the aquatic animal production facility;

i. Settle, screen, or filter effluent to minimize or eliminate the discharge of waste solids to the greatest extent practicable;

j. Collect aquatic animal; mortalities on a regular basis. Store and dispose of aquatic animal mortalities to prevent discharge to surface waters; and

k. Minimize the potential escape of non-native species by, for example, installing physical barrier such as effluent screens. No animals of a non-native species shall be intentionally released under any circumstances.

3. Staff. Facility staff shall be familiar with the BMP Plan and adequately trained in the specific procedures that the BMP Plan requires.

4. Document availability. The BMP Plan shall be maintained at all times at the aquaculture development or facilities.

D. Best management practices monitoring and maintenance.

1. Monitoring and Maintenance Plan (MMP). Applicants for aquaculture facilities shall develop and implement a MMP that ensures all development continues to be carried out in a manner that sustains the biologic productivity of coastal waters, protects human health, and maintains healthy populations of marine organisms.

2. MMP approval and implementation. A complete MMP shall be submitted to the permitting authority with the permit application. An approved MMP shall be fully implemented within three months of the commencement of development operations.

3. MMP and BMP coordination. The MMP shall describe inspection and maintenance of activities to be performed for structural BMPs and the associated activity frequencies. Structural BMPs include practices, methods, and measures of a mechanical or biological nature. Major observations to be made during inspections include:

a. Locations of discharges from the development;

b. BMPs that are in the need of maintenance;

c. BMPs that are not performing, failing to operate, or inadequate; and

d. Locations where additional BMPs are needed.

4. MMP evaluation. The MMP shall include a procedure for periodic evaluations of structural and nonstructural BMPs needed to achieve compliance with the requirements of the certified LCP. The MMP shall also include written reporting requirements that provide for the submittal of monitoring reports at a frequency acceptable to the permitting authority, but not less frequent than once per year.

E. Noncompliance. Applicants for aquaculture facilities shall develop a Contingency Plan (CP) to be immediately enacted should the MMP results show noncompliance with the requirements of the certified LCP.

1. Contingency Plan (CP). The CP shall include instructions to notify the permit issuing authority, determine the source of noncompliance, eliminate the source, and monitor the discharge to verify that the noncompliance has been eliminated. The instructions shall be consistent with Subsection E.3 below. Key operating and site management personnel shall be familiar wit the contents of the CP.

2. CP Approval. A complete CP shall be submitted to the permitting authority for approval prior to issuance of the CDP.

3. Corrective CP Measures. Where corrective CP measures would not constitute development under Section 30106 of the Coastal Act, the permittee shall implement such corrective CP measures consistent with the requirements of the CP immediately following discovery of noncompliance with the approved permit or the certified LCP requirements. Where corrective CP measures would constitute development under Section 30106 of the Coastal Act, implementation of such corrective measures shall require an amendment to the original Coastal Development Permit.

F. Permit Amendments. Coastal Development Permits for aquaculture development or facilities shall be conditioned to require a permit amendment whenever there is a proposed change in the facility, including changes in the nature of the discharges from the facility.

17.42.050 - Bed and Breakfast Inns (B&Bs)

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&B), where allowed by Article 2 (Zoning Districts and Allowable Land Uses). The intent of these provisions is to ensure the compatibility between the B&B and nearby residential uses.

A. Limitation on number within the RL zoning district. No bed and breakfast inn shall be allowed within the RL zoning district, except those which existed in the RL zone as of December 2, 2002. These existing B&Bs may be expanded as allowed by Use Permit approval.

B. Exterior appearance. The exterior appearance of an existing structure housing an existing B&B in the RL zoning district shall not be altered from its residential character except for allowed signs, and any structural modifications necessary to comply with California Code of Regulations Title 24. An addition to an existing B&B in the RL zoning district shall require Design Review in compliance with Section 17.71.050, to ensure that the structure is designed consistent with the residential character of the surrounding neighborhood.

C. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Additional services and special events may be allowed only as specifically provided by the Use Permit approval for the facility, where the review authority determines that the type and frequency of the approved services and events will not adversely affect the residential character of the neighborhood, or allow for a use more intensive than typically associated with a B&B within the City.

D. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room, plus two spaces for the on-site owner/manager of the B&B. Parking shall not be located in the required front and side setbacks; and any night lighting for the parking area shall be limited to the minimum number of fixtures and illumination levels necessary for safety, and shall comply with Section 17.30.070 (Outdoor Lighting).

E. Signs. See Chapter 17.38.

17.42.060 - Child Day Care Facilities

A. Applicability. Where allowed by Article 2 (Zoning Districts and Allowable Land Uses) Child day care facilities shall comply with the standards of this Section. These standards apply in addition to the other provisions of this Development Code and requirements imposed by the California Department of Social Services (DSS). DSS Licensing is required for all facilities.

B. Definitions. Definitions of the child day care facilities regulated by this Section are in Article 10 (Glossary & Index) under “Day Care.”

C. Standards for large family day care homes. As required by State law, a Minor Use Permit for a large family day care home shall be approved if it complies with the following standards.

1. Location requirements. In order to avoid the concentration of intensive, non-residential land uses in residential neighborhoods, maintain residential character, and compatibility with adjacent residential uses, no large family day care home shall be located within 300 feet of an existing large family day care home, or child day care center. In no case shall a residential property be directly abutted by a large family day care center on two or more sides.

2. Parking, drop-off area.

a. At least two off-street parking spaces shall be provided exclusively for dropping off and picking up children. The driveway may be used to provide the off-street parking required by Section 17.36.040 (Number of Parking Spaces Required) for a single-family dwelling, if the parking will not obstruct any required drop-off and pick up areas nor block any sidewalks or other public access. Alternative parking and drop-off arrangements may be required by the review authority based on traffic and pedestrian safety considerations.

b. A home located on a street with a speed limit of 30 miles per hour or greater shall provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3. Outdoor activity areas.

a. Any side or rear setback areas intended for day care use shall be enclosed with a fence or wall to separate the children from neighboring properties.

b. Outdoor recreation equipment over eight feet in height shall not be located within a required side setback, and shall be set back a minimum of five feet from a rear property line.

4. Noise. Noise generated from the large family day care home shall not exceed the standards in Municipal Code Chapter 9.44.

5. Additional standards. Each large family day care home shall comply with applicable building and fire codes, and standards adopted by the State, and Social Services Department licensing requirements (California Code of Regulations, Title 22, Division 2).

D. Standards for child day care centers.

1. Fencing. Design Review shall be required for any proposed fencing.

2. Parking and loading.

a. Off-street parking shall be provided as required through the Minor Use Permit process, but shall be a minimum of one space per employee on the largest shift, plus one space for each 10 children authorized by the State license. An exception to these off-street parking requirements may be granted if the facility complies with the following criteria:

i) The exception shall be granted only for uses in an existing building, and shall not be granted for any expansion of gross floor area or new construction;

ii) Off-street parking shall be provided on the site in the maximum amount feasible;

iii) The exception shall only be granted in a situation where the City Engineer has determined that the exception will not result in potentially unsafe conditions for vehicles or pedestrians;

iv) Each Minor Use Permit that grants an off-street parking exception shall be reviewed annually, and if it is found that the use of on-street parking spaces by the facility is creating a nuisance, the City may initiate proceedings to revoke the Minor Use Permit.

b. Picking up and dropping off of children shall not create unsafe conditions. Loading and unloading of children from vehicles shall only be allowed in the driveway or in an approved parking area.

3. Noise. Potential noise sources shall be identified during the Minor Use Permit process, and noise attenuation and sound dampening shall be addressed.

17.42.070 - Drive-Through Facilities

This Section establishes standards for the development and operation of drive-through facilities for very limited types of retail or service activities (e.g., ATMs, banks, or pharmacies) where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. General standards.

1. Design objectives. Drive-through facilities shall only be permitted if the design and operation avoids congestion, excessive pavement, litter, and noise.

2. Limitation on location. A drive-through facility shall only be located to the rear of a building. A drive-through facility shall be located within the CBD zone only if the review authority determines that the facility is ancillary to a use that is primarily pedestrian oriented.

B. On-site circulation standards. A drive-through facility shall be provided internal circulation and traffic control as follows.

1. Aisle design.

a. The entrance/exit of any drive aisle shall be a minimum of 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel.

b. Drive aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 10-foot width.

2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive-up or drive-through service that is physically separated from other on-site traffic circulation.

a. The stacking area shall accommodate a minimum of three cars for each drive-up or drive-through window in addition to the vehicle receiving service.

b. The stacking area shall be located at and before the service window (e.g., pharmacy, teller, etc.).

c. Separation of the stacking area from other traffic shall be by concrete curbing or paint striping on at least one side of the lane.

d. Stacking areas adjacent and parallel to streets or public rights-of-way shall be prohibited.

3. Walkways. An on-site pedestrian walkway shall not intersect a drive-through aisle.

4. Exceptions. The review authority may approve alternatives to the requirements of Subsections B.1, through B.3 where it first finds that the alternate design will, given the characteristics of the site, be equally effective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

C. Signs. Each entrance to, and exit from, a drive-through aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs. Signage shall also be provided to indicate whether the drive-through facility is open or closed.

17.42.080 - Home Occupations

The following standards for home occupations are intended to provide reasonable opportunities for employment within the home, while avoiding changes to the residential character of a dwelling that accommodates a home occupation, or the surrounding neighborhood, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Business License required. A home occupation shall require a City Business License.

B. Limitations on use. The following are examples of business activities that may be approved as home occupations, and uses that are prohibited as home occupations.

1. Uses allowed as home occupations. The following and other uses determined by the Director to be similar may be approved by the Director in compliance with this Section.

a. Art and craft work (ceramics, painting, photography, sculpture, etc.);

b. Tailors, sewing, etc.; and

c. Office-only uses, including an office for an architect, attorney, consultant, counselor, insurance agent, planner, tutor, writer, etc., and electronic commerce.

2. Uses prohibited as home occupations. The following are examples of business activities that are not incidental to or compatible with residential activities, and are, therefore, prohibited as home occupations:

a. Adult entertainment activities/businesses;

b. Animal hospitals and boarding facilities;

c. Automotive and other vehicle repair and service (body or mechanical), painting, storage, or upholstery, or the repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engines, or of any motor vehicle, including automobiles, boats, motorcycles, or trucks;

d. Contractor’s and other storage yards;

e. Dismantling, junk, or scrap yards;

f. Fitness/health facilities (except that one-on-one personal trainers may be allowed);

g. Medical clinics, laboratories, or doctor’s offices;

h. Personal services as defined in Article 10 (Glossary & Index), except that licensed massage therapy and physical therapy may be allowed as home occupations in compliance with this Section;

i. On-site sales, except that mail order businesses may be allowed where there is no stock-in-trade on the site;

j. Uses which require explosives or highly combustible or toxic materials;

k. Welding and machine shop operations;

l. Wood cutting businesses; or

m. Other uses the Director determines to be similar to those listed above.

C. Operating standards. Home occupations shall comply with all of the following operating standards.

1. Accessory use. The home occupation shall be clearly secondary to the full-time use of the property as a residence.

2. Location of home occupation activities.

a. RR zoning district. Allowed home occupation activities may be conducted within an approved accessory structure in the RR zoning district, provided that two covered parking spaces are continually maintained.

b. Other zones. All home occupation activities shall be confined completely to one room within the primary dwelling, which shall not occupy more than 25 percent of the gross floor area of the ground floor. Garages or other enclosed accessory structures may be used for home occupation purposes only if required off-street parking spaces are continually maintained. Horticulture activities may be conducted outdoors, but only within the rear one-third of the site.

3. Visibility. The use shall not require any exterior modification to the structure not customarily found in a dwelling, nor shall the home occupation activity be visible from a public right-of-way, or from neighboring residential properties.

4. Signs. There shall be no advertising signs, other than one name plate, not exceeding one square foot in area, and only if attached flush to a wall of the structure.

5. Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of explosive, flammable, or hazardous materials beyond those normally associated with a residential use.

6. Off-site effects. No home occupation activity shall create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances as determined by the Director.

7. Outdoor display or storage. There shall be no window display or outdoor storage or display of equipment, materials, or supplies associated with the home occupation.

8. Employees. A home occupation shall have no on-site employees other than full-time residents of the dwelling.

9. Client/customer visits. The home occupation shall be operated so as to not require more than eight vehicle trips per day of clients, customers, visitors, and/or service visits to the residence. On-site presence of clients or customers shall be limited to one client or family at a time, and only between the hours of 9:00 a.m. and 8:00 p.m.

10. Motor vehicles. There shall be no motor vehicles used or kept on the premises, except residents’ passenger vehicles, and/or one pickup truck, van, or similar vehicle not exceeding 1.5 ton carrying capacity. The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises in a manner different from normal residential usage, except for FedEx, UPS, or USPS-type home deliveries/pick-ups. The Commission may authorize other types and/or additional vehicles with Use Permit approval.

11. Utility service modifications. No utility service to the dwelling shall be modified solely to accommodate a home occupation, other than as required for normal residential use.

D. Home working operations. Small-scale commercial wood and metal working may be authorized by Minor Use Permit as a home occupation, provided that the review authority may require conditions of approval limiting hours of operation, noise levels, and/or any other aspect of the operation, to ensure compatibility with on-site and adjacent residential uses.

17.42.090 - Live/Work Units

A. Purpose. This Section provides standards for the development of new live/work units and for the reuse of existing commercial and industrial structures to accommodate live/work opportunities where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A live/work unit shall function predominantly as work space with incidental residential accommodations that meet basic habitability requirements. The standards of this Section do not apply to mixed use projects, which are instead subject to Section 17.42.100 (Mixed Use Projects).

B. Application requirements. In addition to the information and materials required for a Use Permit application by this Development Code, the review authority may require a Use Permit application for a live/work unit to include a Phase I Environmental Assessment for the site, including an expanded site investigation to determine whether lead based paint and asbestos hazards are present in an existing structure proposed for conversion to live/work. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site that could pose a health risk to the residents. If the Phase I assessment shows potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to the Department in order to determine if remediation may be required.

C. Limitations on use. The nonresidential component of a live/work project shall only be a use allowed within the applicable zoning district. A live/work unit shall not be established or used in conjunction with any of the following activities:

1. Adult businesses;

2. Vehicle maintenance or repair (e.g., body or mechanical work, including boats and recreational vehicles), vehicle detailing and painting, upholstery, etc.);

3. Storage of flammable liquids or hazardous materials beyond that normally associated with a residential use;

4. Welding, machining, or any open flame work; and

5. Any other activity or use, as determined by the Director to not be compatible with residential activities and/or to have the possibility of affecting the health or safety of live/work unit residents, because of the potential for the use to create dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous because of materials, processes, products, or wastes.

D. Residential density. Live/work units shall not exceed a maximum density of 15 units per acre.

E. Occupancy requirement. The residential space within a live/work unit shall be occupied by at least one individual employed in the business conducted within the live/work unit.

F. Design standards.

1. Floor area requirements. The minimum net total floor area of a live/work unit shall be 1,000 square feet. No more than 30 percent or 400 square feet, whichever is greater, shall be reserved for living space as defined under “Live/Work Unit” in Article 10 (Glossary & Index). All floor area other than that reserved for living space shall be reserved and regularly used for working space.

2. Separation and access. Each live/work unit shall be separated from other live/work units or other uses in the structure. Access to each live/work unit shall be provided from a public street, or common access areas, corridors, or halls. The access to each unit shall be clearly separate from other live/work units or other uses within the structure.

3. Facilities for commercial or industrial activities, location. A live/work unit shall be designed to accommodate commercial or industrial uses as evidenced by the provision of flooring, interior storage, ventilation, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity. The ground floor of a live/work unit shall be used only for non-residential purposes.

4. Integration of living and working space. Areas within a live/work unit that are designated as living space shall be an integral part of the live/work unit and not separated from the work space. The living space of a live/work unit shall be accessed only by means of an interior connection from the work space, and shall have no exterior access except as required by the Building Code.

5. Mixed occupancy structures. If a structure contains mixed occupancies of live/work units and other nonresidential uses, occupancies other than live/work shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the live/work units and other occupancies, as determined by the Building Official.

6. Parking. Each live/work unit shall be provided with at least two off-street parking spaces. The review authority may modify this requirement for the use of existing structures with limited parking.

G. Operating requirements.

1. Sale or rental of portions of unit. No portion of a live/work unit may be separately rented or sold as a commercial or industrial space for any person not living in the premises or as a residential space for any person not working in the same unit.

2. Notice to occupants. The owner or developer of any structure containing live/work units shall provide written notice to all live/work occupants and users that the surrounding area may be subject to levels of dust, fumes, noise, or other effects associated with commercial and industrial uses at higher levels than would be expected in more typical residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the applicable zoning district.

3. On-premises sales. On premises sales of goods is limited to those produced within the live/work unit; provided, the retail sales activity shall be incidental to the primary production work within the unit. These provisions shall allow occasional open studio programs and gallery shows.

4. Nonresident employees. Up to two persons who do not reside in the live/work unit may work in the unit, unless this employment is prohibited or limited by the Use Permit. The employment of three or more persons who do not reside in the live/work unit may be allowed, subject to Use Permit approval, based on an additional finding that the employment will not adversely affect parking and traffic conditions in the immediate vicinity of the unit. The employment of any persons who do not reside in the live/work unit shall comply with all applicable Uniform Building Code (UBC) requirements.

5. Client and customer visits. Client and customer visits to live/work units are allowed subject to any applicable conditions of the Use Permit to ensure compatibility with adjacent commercial or industrial uses, or adjacent residentially zoned areas.

H. Changes in use. After approval, a live/work unit shall not be converted to either entirely residential use or entirely business use unless authorized through Use Permit approval. No live/work unit shall be changed to exclusively residential use in any structure where residential use is not allowed, where two or more residential units already exist, or where the conversion would produce more than two attached residential units.

I. Required findings. The approval of a Use Permit for a live/work unit shall require that the review authority first make all of the following findings, in addition to those findings required for Use Permit approval by Section 17.71.060 (Use Permit and Minor Use Permit):

1. The proposed use of each live/work unit is a bona fide commercial or industrial activity consistent with Subsection C. (Limitations on use);

2. The establishment of live/work units will not conflict with nor inhibit commercial or industrial uses in the area where the project is proposed;

3. The structure containing live/work units and each live/work unit within the structure has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations; and

4. Any changes proposed to the exterior appearance of the structure will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses.

17.42.095 - Medical Marijuana Dispensaries

Medical Marijuana Dispensaries, as defined in Section 17.100.020, shall be allowed per the requirements of Fort Bragg Municipal Code Chapter 9.30. (Ord. 851 §3, 2005.)

17.42.100 - Mixed Use Projects

This Section provides standards for the design of mixed use projects, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). A mixed use project combines residential and nonresidential uses on the same site, with the residential units typically located above the nonresidential uses (vertical mixed use). Residential units may be also allowed at ground level behind street-fronting nonresidential uses (horizontal mixed use) only under the limited circumstances specified by this Section.

A. Design considerations. A mixed use project shall be designed to achieve the following objectives.

1. The design shall provide for internal compatibility between the residential and non-residential uses on the site.

2. Potential glare, noise, odors, traffic, and other potential nuisance conditions for residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site.

3. The design shall take into consideration existing and potential future uses on adjacent properties and shall include specific design features to minimize potential impacts.

4. The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided.

5. Site planning and building design shall provide for convenient pedestrian access from the public street into the nonresidential portions of the project, through such means as courtyards, plazas, walkways, and street furniture.

6. Site planning and building design shall be compatible with and enhance the adjacent and surrounding residential neighborhood in terms of building design, color, exterior materials, landscaping, lighting, roof styles, scale, and signage.

B. Mix of uses. A mixed use project may combine residential uses with any other use allowed in the applicable zoning district by where allowed by Article 2 (Zoning Districts and Allowable Land Uses); provided, that where a mixed use project is proposed with a use that is required to have Minor Use Permit or Use Permit approval in the applicable zoning district, the entire mixed use project shall be subject to that permit requirement.

C. Maximum density. The residential component of a mixed use project shall comply with the density requirements of the applicable General Plan designation and zoning district.

D. Site layout and project design standards. Each proposed mixed use project shall comply with the property development standards of the applicable zoning district, and the following requirements.

1. Location of units. Residential units shall not occupy ground floor street frontage on the primary street frontage. Residential units are allowed on the first floor of alleys and secondary street frontages. The ground floor street frontage space within a mixed use building shall be reserved for commercial uses, except for a lobby or other feature providing access to the residential units.

2. Parking. In order to encourage the development of residential uses in existing and new commercial areas, the use of shared parking provisions shall be incorporated into mixed use projects in compliance with Section 17.36.080 (Reduction of Parking Requirements).

3. Loading areas. Commercial loading areas shall be located away from residential units and shall be screened from view from the residential portion of the project to the maximum extent feasible.

4. Refuse and recycling areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and nonresidential uses.

E. Performance standards.

1. Lighting. Lighting for commercial uses shall be appropriately shielded to limit impacts on the residential units.

2. Noise. Each residential unit shall be designed and constructed to minimize nonresidential project noise levels, in compliance with the City’s Noise Ordinance.

3. Hours of operation. A mixed use project proposing a commercial component that will operate outside of the hours from 8:00 a.m. to 6:00 p.m. shall require Use Permit approval to ensure that the commercial uses will not negatively impact the residential uses within the project, or any adjacent residential uses.

17.42.110 - Mobile/Manufactured Homes and Mobile Home Parks

This Section provides requirements and development standards for the use of mobile homes and manufactured homes as single-family dwellings outside of mobile home parks, and for mobile home parks, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Mobile home outside of a mobile home park.

1. Site requirements. The site, and the placement of the mobile home on the site shall comply with all zoning, subdivision, and development standards applicable to a conventional single-family dwelling on the same parcel.

2. Mobile home design and construction standards. A mobile home outside of a mobile home park shall comply with the following design and construction standards.

a. The exterior siding, trim, and roof shall be of the same materials and treatment found in conventionally built residential structures in the surrounding area, and shall appear the same as the exterior materials on any garage or other accessory structure on the same site.

b. The roof shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the mobile home, and the roof pitch shall be no less than 3:12.

c. The mobile home shall be placed on a foundation system, subject to the approval of the Building Official; and

d. The mobile home is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC Section 4401 et seq.), and has been constructed after January 1, 1989.

B. Mobile home park standards. The site for the mobile home park shall comply with the following requirements.

1. Planning and design objectives. The City intends that each mobile home park be designed and landscaped to be compatible with adjacent residential and other uses. These standards are intended to provide a means of achieving an environment of stable, desirable character not out of harmony with the surrounding area.

2. Permit requirements. A mobile home park shall require Design Review in compliance with Section 17.71.050, in addition to the Use Permit approval required by Section 17.21.030 (Residential Zoning District Allowable Land Uses and Permit Requirements).

3. Allowable uses. Use Permit approval for a mobile home park may authorize the following uses in addition to individual mobile homes.

a. Accessory uses, limited to awnings, portable, demountable or permanent carports, fences or windbreakers, garages, porches, and storage cabinets.

b. A golf course, lake, park, playground, riding and hiking trails, equestrian facilities, other similar recreational structures and facilities, clubhouses, community centers, laundries, and similar uses; provided that all of these are not allowed on the individual mobile home lots within the mobile home park.

c. Public utility and public service uses and structures.

4. Standards. This Section identifies standards for mobile home park development, recognizing the dual need for moderately priced housing, and standards that will adequately protect residents of the parks and the City as a whole.

a. Phased development. Development may be in phases, so long as each phase complies with the minimum standards of this Section, and no mobile home is occupied in any phase until at least 10 mobile home lots are developed and improved on a minimum of two acres, and authorized by a permit for occupancy in compliance with Health and Safety Code Section 18505.

b. Density. The Commission shall determine the allowable density for each mobile home park, based on the following criteria:

i) The provision of the space necessary for compliance with this Section;

ii) Individual mobile home lots shall be a minimum of 2,400 square feet; and

iii) In no case shall the density of a mobile home park exceed the maximum density of the General Plan and zoning district designation for the subject site.

c. Building lines. Each structure and mobile home shall have a minimum setback of 15 feet from all exterior property lines; and a minimum setback of 20 feet from the right-of-way of any street adjoining the mobile home park. The resulting setback area shall be landscaped and continually maintained, in compliance with Chapter 17.34 (Landscaping Standards).

d. Parking. Parking shall be provided in compliance with Chapter 17.36 (Parking and Loading).

e. Utilities. All utility distribution facilities (including cable television, communication and electric lines and boxes) within a mobile home park shall be placed underground. The developer is responsible for complying with the requirements of this Subparagraph, and shall make the necessary arrangements with the utility companies for the installation of the required facilities.

f. Tenant storage. A minimum of one 75 cubic foot storage cabinet shall be provided on each mobile home site. Adequate solid waste and recyclable materials storage enclosures shall be provided in compliance with Section 17.30.110 (Solid Waste/Recyclable Materials Storage).

g. Accessory uses. Accessory uses are those that are incidental to the planned residential use, exist for the sole purpose of service to the residents, are customarily found in multi-family developments, and do not alter the character of the residential use.

i) Any structure used for an accessory use shall meet all requirements for a primary structure.

ii) Allowable accessory uses include a management facility, laundry facility, swimming facilities, recreation room, recreational vehicle storage areas, vending machines, and other uses that, in the opinion of the Commission, are of a similar nature.

iii) A mobile home park may contain accessory retail and service uses for park residents as authorized by Use Permit approval, and in compliance with Section 17.42.020 (Accessory Retail and Service Uses).

h. Travel trailers. An occupied travel trailer, camper, motor coach, motor home, trailer coach, or any similar vehicle not certified under the National Mobile Home Construction Safety Standards Act of 1974 (42 USC Section 4401 et seq.) shall not be allowed within a mobile home park. Unoccupied trailers and other recreational vehicles may be stored in an approved on-site storage area where authorized by Use Permit.

i. Fencing. A solid masonry wall, fence, or other decorative landscape screening of the maximum height allowed by this Development Code shall be installed as required by the review authority as part of the Use Permit approval for the mobile home park.

j. Landscaping. Landscaping shall be provided in compliance with Chapter 17.34 (Landscaping Standards).

k. Signs. A mobile home park may be allowed one externally illuminated identification sign not exceeding six feet in height or 24 square feet in area. The sign shall be integrated into the mobile home park landscaping, at a location specified in the Use Permit approval.

l. Skirting. Skirting shall be provided along all sides of each mobile home.

m. Internal streets. Internal street design shall comply with City street standards except where superseded by a standard required by State law.

17.42.120 - Multi-Family Projects

New or remodeled multi-family projects shall comply with the standards of this Section, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). For the purposes of this Section, the term “remodeled” means the reconstruction or remodeling of at least 50 percent of the gross floor area of the original structure.

A. Accessory structures. Accessory structures and uses (e.g., bicycle storage, garages, laundry rooms, recreation facilities, etc.) shall be designed and constructed with an architectural style, exterior colors and materials similar to the structures in the project containing dwelling units.

B. Building facades adjacent to streets. A multi-family project of three or more dwelling units shall be designed so that at least 75 percent of the facade of each building adjacent to a public street is occupied by habitable space with windows. Each facade adjacent to a street shall have at least one pedestrian entry into the structure.

C. Front setback pavement. No more than 40 percent of the front setback area shall be paved for walkways, driveways, and/or other hardcover pavement.

D. Parking location. Off-street parking for a multi-family structure of three or more units shall be located so that it is not visible from the street fronting the parcel. A garage providing parking for a duplex may be located in compliance with the following standards, in addition to the requirements of Chapter 17.36 (Parking and Loading).

1. Front setback. A garage shall be set back from the front property line at least 10 feet further than the facade of the dwelling, to reduce visual impact from the street.

2. Side setback. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a garage may be built to the side property line on that side, but shall be located at least eight feet from the other side property line. Otherwise, a garage shall be set back a minimum of five feet from each side property line.

3. Rear setback. A garage shall be set back a minimum of five feet from a rear property line.

4. Facade width, parking orientation. The front facade of a garage shall not exceed a width of 25 feet. Tandem parking is allowed.

E. Open space. Each multi-family residential project, except a duplex, shall include permanently maintained outdoor open space for each dwelling unit (private space), and for all residents (common space), except where the review authority determines that existing public park or other usable public open space is within convenient walking distance, or that the residential units are part of a mixed use project and/or located in a commercial zoning district.

1. Area required. Private and common open space shall be provided as required by Table 4-3.

TABLE 4-3 - MULTI-FAMILY PROJECT OPEN SPACE REQUIREMENTS
Project Size	Minimum Common Open Space Required	Minimum Private Open Space Required

3 or 4 units	200 sf	100 sf for each unit
5 to 10 units	500 sf	150 sf for each unit with patios 100 sf for each unit with balconies
11 and more units	100 sf per unit

2. Configuration of open space. Required open space areas shall be designed and located as follows. Landscaping shall comply with the requirements of Chapter 17.34 (Landscaping Standards).

a. Common open space. All required open space shall be: easily accessible; continuous, usable site elements; separated from parking areas; safe and secure. Each common open space area shall have a minimum dimension of 12 feet for three and four unit projects, and 20 feet for projects with five or more units.

b. Private open space. Private open space shall be at the same elevation as, and immediately accessible from within the unit. Each private open space area shall have a minimum dimension of eight feet; except that the review authority may authorize different minimum dimensions for upper-floor balconies where the private open space is provided as a balcony or upper floor court.

The review authority may allow required open space to be in different locations and/or with different dimensions where it determines that the alternative approach will provide open space of equivalent utility and aesthetic quality.

3. Maintenance and control of common open space. Required common open space shall be controlled and permanently maintained by the Home Owners Association (HOA). Provisions for control and maintenance shall be included in property covenants of all common interest developments.

F. Outdoor lighting. Outdoor lighting shall be installed and maintained along all vehicular access ways and major walkways, in compliance with 17.30.070 (Outdoor Lighting). The lighting shall be directed onto the driveways and walkways within the development and away from adjacent properties. Lighting of at least one foot candle shall also be installed and maintained within all covered and enclosed parking areas and shall be screened to minimize glare onto public sidewalks. Lighting fixtures/lamps shall be the most energy efficient available. All proposed lighting shall be shown on the required landscape plan.

G. Storage. A minimum of 100 cubic feet of lockable storage area shall be provided for each dwelling outside of the unit, with no dimension less than 30 inches.

H. Television antennas. Exterior television antennas, other than satellite dishes less than 39 inches in diameter, are not allowed, except for a single common, central antenna, with underground cable service to each dwelling unit. This restriction shall be included in any property covenants of a common interest development.

I. Window orientation. Where one or more windows are proposed 10 feet or less from a side lot line, or 10 feet from another residential structure on the same site, Design Review shall ensure, to the extent feasible, that the windows are located and/or screened to provide privacy for residents of both structures.

17.42.130 - Outdoor Displays and Sales

A. Applicability. The provisions of this Section apply to temporary and permanent facilities for outdoor display, sales (e.g., garden supply sales, news and flower stands, and similar uses where merchandise is displayed for sale), and outdoor eating areas, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

B. Temporary outdoor displays and sales. See Section 17.71.030 (Limited Term Permit).

C. Permanent outdoor displays and sales. The permanent outdoor display and sale of merchandise is allowed subject to the following standards.

1. The outdoor display of merchandise shall not exceed a height of six feet above finished grade, unless a greater height is allowed through Minor Use Permit approval.

2. Outdoor display and sales areas shall not encroach into required setback areas or the public right of way. In zoning districts where no setback area is required, the outdoor sales area shall be set back a minimum of 10 feet from adjoining property lines unless otherwise allowed through Minor Use Permit approval.

3. Displayed merchandise shall occupy a fixed, specifically approved, location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, required parking spaces, or pedestrian walkways. A display shall not obstruct intersection visibility or otherwise create hazards for pedestrian or vehicle traffic.

4. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel.

5. The Director may require that outdoor sales and activity areas other than vehicle sales lots, produce stands, and nursery product sales be screened from the view of adjoining public rights-of-way by decorative walls, fences, or landscaping.

6. Additional signs shall not be provided for the outdoor display and sales area beyond those normally allowed for the primary use.

D. News and flower stands.

1. Location requirements. A news or flower stand shall:

a. Be located parallel and adjacent to the wall of a structure. A freestanding news or flower stand is allowed only as a roofed kiosk;

b. In the case of a privately owned stand, not be located within the public right-of-way, within three feet of a display window of any structure abutting the sidewalk, or so as to interfere with or restrict the reasonable use of the window for display purposes.

2. Design and construction requirements.

a. A stand shall be soundly constructed of wood, metal, or other suitable permanent material, and designed in a manner and color to be compatible with the adjacent structures whether the stand is opened or closed. Security doors shall be designed as an integral part of the structure.

b. Shelving shall not exceed eight feet in height or two feet in depth.

3. Maintenance. Each news or flower stand shall be maintained in a clean and neat condition and in good repair, at all times.

4. Signs.

a. The stands shall not be used for advertising or publicity purposes. Signs shall be for identification only, with size and design in compliance with Chapter 17.38 (Signs).

b. The owners or operators of the outdoor news or flower stand shall display, in a place readily visible to the public, a telephone number and address where the owners may be reached.

5. Additional product sales. In addition to the sale of newspapers, magazines, and other periodicals, for newsstands, and flowers and plants, for flower stands, the owners or operators may sell other related accessory products, not to exceed 10 percent of the total merchandise displayed.

E. Outdoor dining areas.

1. An outdoor dining area may be allowed accessory and incidental to a restaurant with indoor eating area on the same site; provided, the outdoor eating area shall also comply with the parking requirements of Section 17.36.040 (Number of Parking Spaces Required) for restaurants.

2. Signs shall comply with Chapter 17.38.

17.42.140 - Outdoor Storage

An outdoor storage or work area shall comply with the following requirements, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Enclosure and screening required. Outdoor storage areas shall be entirely enclosed by a solid wall or fence as approved by the review authority with a minimum height of six feet and a maximum height of eight feet.

B. Maximum height of stored materials. The materials within the storage area shall not be higher than the fence, except where authorized by the Use Permit for the storage area.

C. Landscaped setback. In any case where an outdoor storage area abuts a street right-of-way, the required screening wall or fence shall be set back from the right-of-way as required by the applicable zoning district, and the set back area shall be landscaped to the approval of the Director, and in compliance with Chapter 17.34 (Landscaping Standards).

17.42.144 - Pipelines and Transmission Lines

Pipelines and transmission lines shall comply with the following requirements, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Local service facilities. Lines and facilities for local utility service are permitted in all zones.

B. New pipeline, electrical, and telecommunications transmission corridors shall be located within existing pipeline or electrical and telecommunications transmission corridors wherever feasible.

C. Electrical and telecommunications transmission rights-of-way and pipelines shall be routed to minimize impacts to scenic resources and environmentally sensitive habitat areas according to the following standards:

1. Require underground installation of electrical and telecommunication lines where technically and economically feasible, unless it can be demonstrated that other options are less environmentally damaging.

2. Scarring, grading, or other vegetative removal shall be minimized and construction areas shall be revegetated with plants native to the area.

3. Where above-ground electrical or telecommunications transmission lines are necessary, the design and color of the support towers shall be compatible with the surroundings to the extent feasible. Avoid locating above-ground transmission lines along the crest of hills, bluffs, and in scenic resource areas.

D. Electric transmission lines. The location of proposed electric transmission lines shall be reviewed by the Commission and approved by the Council prior to right-of-way acquisition.

17.42.150 - Recycling Facilities

This Section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities, where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Reverse vending machines. Reverse vending machines shall comply with the following standards.

1. Accessory use only. Each machine shall be installed only as an accessory use to an allowed primary use.

2. Location requirements. If located outside of a structure, a machine shall not occupy parking spaces required by the primary use.

3. Signs. Sign area shall not exceed four square feet for each machine, exclusive of operating instructions. The sign area shall be subject to the overall site sign area limitations in Section 17.38.070 (Zoning District Sign Standards).

4. Lighting. Each machine shall be illuminated to ensure comfortable and safe operation if the machine is accessible between dusk and dawn. The light source shall be shielded so that glare and reflections are confined within the boundaries of the site.

B. Small collection facilities. A small collection facility shall comply with the following standards.

1. Location requirements. A small collection facility shall:

a. Not be located within 50 feet of any parcel zoned or occupied for residential use; and

b. Be set back at least 10 feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

2. Maximum size. A small collection facility shall not occupy more than 350 square feet or three parking spaces, not including space that would be periodically needed for the removal of materials or exchange of containers.

3. Appearance of facility. Collection containers and site fencing shall be of a color and design that is compatible and harmonious with the surrounding uses and neighborhoods.

4. Operating standards for small collection facilities. Small collection facilities shall:

a. Not use power-driven processing equipment, except for reverse vending machines;

b. Accept only glass, metal, or plastic containers, paper, and reusable items;

c. Use containers that are constructed with durable waterproof materials, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule; and

d. Be screened where determined by the review authority to be necessary because of excessive visibility.

5. Signs. Non-illuminated signs may be provided as follows:

a. Identification signs are allowed with a maximum area of 15 percent for each side of the structure or 12 square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

b. Additional directional signs, consistent with Chapter 17.38 (Signs), may be approved by the Director if found necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

6. Parking requirements.

a. No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One additional space shall be provided for the attendant, if needed.

b. Use of parking spaces by the patrons and the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless a parking study, determined to be acceptable by the Director, shows that existing capacity is not fully utilized during the time the recycling facility would be on the site.

C. Large collection facilities. A collection facility that is larger than 350 square feet, or on a separate parcel not accessory to a primary use, shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned for residential use.

2. Container location. Any containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials.

3. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure.

4. Setbacks, landscaping. Structure setbacks and landscaping shall be provided as required for the applicable zoning district.

5. Outdoor storage. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls.

6. Operating standards.

a. The site shall be maintained clean, sanitary, and free of litter and any other trash or rubbish, shall be cleaned of loose debris on a daily basis, and shall be maintained free from rodents and other disease vectors.

b. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

D. Processing facilities. Processing facilities shall comply with the following standards.

1. Location requirements. The facility shall not abut a parcel zoned or occupied for residential use.

2. Limitation on activities. Allowed activities are limited to baling, briquetting, compacting, crushing, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials. The facility shall not bale, compact, or shred ferrous metals, other than beverage and food containers. Outbound truck shipments from the site shall not exceed an average of two each day.

3. Maximum size. The facility shall not exceed 45,000 square feet of floor or ground area.

4. Container location. Containers provided for “after hours” donation of recyclable materials shall be permanently located at least 100 feet from any residential zoning district, constructed of sturdy, rustproof materials, have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and

5. Screening. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;

6. Outdoor storage. Exterior storage of material shall be in sturdy containers or enclosures that are secured and maintained in good condition. Storage shall not be visible above the height of the required solid masonry walls;

7. Operating standards. Dust, fumes, odor, smoke, or vibration, above ambient levels, shall not be detectable on adjoining parcels.

17.42.160 - Residential Accessory Uses and Structures

This Section provides standards for residential accessory uses and structures, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). These requirements do not apply to residential second units, which are instead regulated by Section 17.42.170 (Second Units).

A. Limitation on number. Only one residential accessory structure shall be allowed on any parcel in addition to a detached garage, except in the RR and RS zoning districts, and except where a site is two times or more the minimum lot area required for a new parcel in the applicable zoning district.

B. Relationship to primary use. An accessory use and/or structure shall be incidental to the primary residential use of the site, and shall not alter the character of the primary use.

C. Timing of installation. A residential accessory structure shall only be constructed concurrent with or after the construction of the primary structure on the same site, unless:

1. The site is within the RR zoning district, is one acre or larger, and the proposed structure is a garage; or

2. Construction in advance of a primary structure is authorized through Minor Use Permit approval.

D. Attached structures. An accessory structure attached to the primary structure shall comply with all zoning district requirements applicable to the primary structure, including height limits, site coverage, and setbacks; and shall also comply with any applicable requirements of Subsection F.

E. Detached structures. An accessory structure that is detached from the primary structure shall comply with the following standards, except where Subsection F. establishes a different requirement for a specific type of accessory structure.

1. Setbacks.

a. Front setback. An accessory structure shall not be located within a required front setback.

b. Side and rear setbacks. An accessory structure not exceeding 10 feet in height shall maintain side and rear setbacks of at least five feet. An accessory structure with a height greater than 10 feet shall comply with the setback requirements of the applicable zoning district.

c. Separation between structures. An accessory structure shall maintain at least a five-foot separation from other accessory structures and the primary dwelling unit.

d. Double-frontage lot. An accessory structure shall not occupy the front half of a parcel, or either front quarter of a double-frontage lot.

e. Garage accessible from an alley. Where an accessory garage is accessible to vehicles from an alley, it shall be located not less than 25 feet from the opposite side of the alley.

2. Height limit. The height of an accessory structure other than a detached garage shall not exceed 12 feet, except where a greater height is authorized through Minor Use Permit approval. The height limit of a detached garage including any accessory uses, structures, and additions built into or on the detached garage shall not exceed 16 feet, except where a greater height is authorized through Minor Use Permit approval.

3. Coverage and size limitations. Where permitted, the aggregate coverage of accessory structures in required side and rear setbacks shall not exceed 500 square feet. The maximum site coverage for all structures on a parcel shall comply with the requirements of the applicable zoning district.

F. Standards for specific accessory uses and structures. The following requirements apply to the specific types of accessory structures listed, in addition to the requirements of Subsection A. - E, as applicable.

1. Antennas. Antennas shall comply with the requirements of Chapter 17.44 (Telecommunications Facilities).

2. Garages. A garage for a single-family dwelling shall comply with the following requirements. A garage for a multi-family project shall comply with the requirements of Section 17.42.120 (Multi-Family Projects). This limitation does not apply to double lots.

a. Limitation on number. A single parcel shall have only one attached or detached garage, except that this limitation shall not apply in the RR and RS zoning districts, or to a site that is two times or more the minimum lot area required for a new parcel in the applicable zoning district.

b. Front setback. Garages shall comply with the garage front setback requirements of the applicable zoning district.

c. Side setbacks. When a maintenance easement is granted by the owner of the adjacent parcel to the approval of the Director, a garage may be built to the side property line on that side, but shall be located at least eight feet from the other side property line. Otherwise, a garage shall be set back a minimum of five feet from side property lines.

d. Rear setback. A garage shall be set back a minimum of five feet from the rear property line.

e. Facade width, parking orientation. The facade of any garage facing a street shall not exceed a width of 25 feet.

3. Greenhouses. An accessory greenhouse may occupy up to 400 square feet for each dwelling unit in the RL and RM, zoning districts; and 1,000 square feet or five percent of the parcel area, whichever is smaller, in the RR or RS zoning districts. Accessory greenhouses are not allowed in the RH or RVH zones.

4. Guest houses. Guest houses shall comply with the requirements for second units in Section 17.42.170 (Second Units).

5. Patio covers. A patio cover that is attached to or detached from the primary dwelling, and open on at least three sides, may be located within the required rear setback subject to the following:

a. The five-foot separation from the primary dwelling unit required by Subparagraph E.1.c (Separation between structures), above does not apply;

b. The structure shall comply with the coverage and size limitations of Subparagraph E.3 (Coverage and size limitations), above; and

c. No part of the patio cover shall be closer than 10 feet to a property line.

6. Swimming pools. Non-commercial swimming pools are an allowed accessory use in any zoning district subject to the following requirements:

a. Setbacks. No swimming pool shall be located within a required front or side setback, or within 10 feet of any property line; and

b. Fence or wall. No swimming pool shall be located within three feet of a fence or wall.

7. Tennis and other recreational courts. Non-commercial outdoor tennis courts and courts for other sports, including basketball and racquetball, accessory to a residential use shall comply with the following requirements:

a. Setbacks. No court shall be located within a required setback, or within 10 feet of a property line; and

b. Fencing. Court fencing shall comply with Section 17.30.050 (Fences, Walls, and Screening); and

c. Lighting. Court lighting shall require Minor Use Permit approval, and shall not exceed a maximum height of 20 feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 17.30.070 (Outdoor Lighting).

8. Workshops, studios, and storage areas. An accessory structure intended as a workshop or studio for artwork, crafts, light hand manufacturing, hobbies and/or storage, is subject to the following standards:

a. Limitation on use. The use of an accessory structure as a studio shall be limited to: non-commercial hobbies or amusements; maintenance of the primary structure or setbacks; artistic endeavors, including painting, photography, or sculpture; or for other similar purposes. Any use of an accessory workshop for any commercial activity shall comply with Section 17.42.080 (Home Occupations); and

b. Floor area. A workshop studio and/or storage area footprint shall not occupy an area larger than 25 percent of the building footprint of the primary structure.

17.42.170 - Second Units

This Section establishes standards for residential second units, where allowed by Article 2 (Zoning Districts and Allowable Land Uses). An application for a second unit that complies with the standards of this Section shall be approved ministerially, without discretionary review or a public hearing.

A. Limitation on location. A second unit is not allowed on a parcel where access to the parking required for the second unit is from the same street as the access to the parking for the primary dwelling, and the curb-to-curb width of the street is less than 36 feet. Access from an alley may be approved only if the alley has adequate drainage facilities, and has adequate width and, in the case of a dead-end alley, adequate turnaround area for emergency vehicles.

B. Limitation on number of units. No more than one second unit shall be approved on a single parcel.

C. Minimum site area. A parcel proposed for a second unit shall be a minimum of 6,000 square feet.

D. Relationship to primary use.

1. Size, style. A second unit shall be incidental and subordinate to the primary single-family residential use of the site in terms of size, location, and appearance, and shall not alter the character of the primary structure. The architectural style, exterior materials, and colors of the second unit shall be compatible with the primary dwelling unit.

2. Timing of construction. A second unit may be constructed simultaneously with, or after the primary dwelling. In addition, an existing dwelling that complies with the design standards for second units in Subsection E. may be considered a second unit, and a new primary unit may be constructed which would then be considered the primary dwelling unit.

E. Second unit design standards. A second unit shall comply with the following standards and shall be consistent with the provisions of the applicable zoning district and the policies and development standards of the certified LCP.

1. Height limit. A second unit shall be limited to 18 feet and one story. A second unit located over a garage may be allowed with a maximum height of 25 feet with Minor Use Permit approval.

2. Setbacks. A second unit shall comply with the setback requirements of the applicable zoning district, unless the second unit is located in a nonconforming structure as defined by Section 17.90.020. No second unit may be permitted above a garage unless the unit complies with the setback standards of the applicable zoning district.

3. Maximum floor area.

a. The floor area of a second unit shall not exceed 960 square feet.

b. For purposes of computing the floor area of a second unit that is detached from the primary unit, all enclosed areas accessed from within the second unit shall be included.

c. An on-site enclosed storage area, or garage of up to 400 square feet, shall not be included when calculating the floor area of the second unit, provided that no internal doorway or passage connects the storage or garage and the second unit.

4. Separate entrance required. An attached second unit shall have an entrance separate from the entrance to the primary dwelling.

5. Window placement. A second unit that is placed 20 feet or less from a residential unit on the same parcel or an adjacent parcel shall not have windows that directly face windows in the other unit. A second unit that is two stories or located over a garage shall not have windows or balconies that directly face a neighboring yard. This limitation applies only to side yards, not to windows facing alleys.

6. Site coverage. The maximum site coverage by structures and impervious surfaces shall not exceed 50 percent of the net site area or the maximum coverage allowed by the applicable zoning district, whichever is less.

7. Services. Second units shall have adequate services to serve the second residential unit including water supply and sewage disposal.

8. Public Access. Second residential units shall not obstruct public access to and along the coast, or public trails.

9. Visual Resources. Second residential units shall not significantly obstruct public views from any public road, trail, or public recreation area to, and along the coast and shall be compatible with the character of the area.

10. Environmentally Sensitive Habitat Areas and Wetlands. All development associated with second residential units shall provide adequate buffers from environmentally sensitive habitat areas consistent with all LCP requirements.

11. The City shall only grant approval of a Second Unit if the City determines that the means of accommodating the Second Unit: (1) will not have an adverse effect on coastal resources, (2) will ensure adequate services will be provided to serve the proposed development, and (3) will not displace Coastal Act priority uses. If the City determines that the means for accommodating a Second Unit will have an adverse effect on coastal resources, will not ensure adequate services will be provided to serve the proposed development, or will displace Coastal Act priority uses, the City shall deny the Second Unit.

F. Off-street parking requirements. At least one off-street paved parking space shall be provided for a second unit or carriage house in addition to the parking required for the primary dwelling by Chapter 17.36 (Parking and Loading). The parking space shall comply with the location and design requirements of Chapter 17.36. If the primary dwelling was legally constructed at a time when off-street parking was not required (before November 22, 1982), off-street parking shall only be required for the second unit. If feasible, driveway access to required off-street parking shall not eliminate on-street parking spaces. If required driveway access for one off-street space eliminates one on-street parking space; the off-street space shall not be required.

17.42.180 - Service Stations

This Section establishes standards for the development and operation of motor vehicle service stations (not including card lock facilities), where allowed by Article 2 (Zoning Districts and Allowable Land Uses).

A. Permit and application requirements. A service station shall require Design Review in compliance with Section 17.71.050, in addition to the planning permit required by Article 2. Each application for a new or remodeled service station shall include a photometric plan identifying all proposed light sources and their illumination levels, to assist in evaluating compliance with the outdoor lighting requirements of Subsection D.5 and Section 17.30.070 (Outdoor Lighting). The City may require an applicant to pay the cost for a lighting consultant engaged by the City to evaluate photometric plans and recommend alternatives to proposed lighting.

B. Limitations on location.

1. Prohibited locations. A service station site shall not abut a residential zoning district or residential use.

2. Separation between stations. A service station shall not be closer than 500 feet to another service station except when both are at the same street intersection. The distance shall be measured in a straight line from the nearest property line of the sites for each service station. No more than two service stations shall be located at the same street intersection.

C. Site requirements. A site proposed for a new service station shall:

1. Be located on an arterial street on a site with a minimum of 150 feet of frontage; and

2. Have a minimum area of 15,000 square feet and a minimum depth of 100 feet.

The Commission may grant an exception to this requirement for a service station within a retail complex site if the Commission determines that the exception improves traffic circulation or reduces traffic. Approval of the exception shall also require that the Commission ensure that the service station is effectively integrated into the architecture and design of the overall retail complex.

D. Site planning standards. The layout of a service station site and its site features shall comply with the following standards.

1. Site access and driveways.

a. Curb cuts for service station driveways shall be separated by a minimum of 30 feet from edge-to-edge.

b. A driveway shall not be located closer than 50 feet to the end of a curb corner nor closer than 25 feet to an interior property line.

c. The width of a driveway shall not exceed 25 feet, measured at the sidewalk.

d. Each pump island shall be provided a stacking area that can accommodate a minimum of three waiting vehicles.

2. Setback requirements.

a. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island.

b. A canopy or roof structure over a pump island shall be a minimum of 10 feet from any property line.

3. Pavement. A service station site shall be paved with a permanent surface of concrete or asphalt material and shall contain drainage facilities in compliance with all Federal, State, and local laws, rules, and regulations. Any unpaved portion of the site shall be landscaped and separated from the paved area by curbs or other barrier approved as part of the Design Review for the site.

4. Landscaping. Landscaping, consisting of trees, ground cover, shrubs, vines, and/or other plant materials approved by the review authority shall be installed, permanently maintained and, if necessary, replaced, in compliance with the following standards, and the requirements of Chapter 17.34 (Landscaping Standards).

a. A minimum of 15 percent of the entire site shall be landscaped.

b. Boundary landscaping is required along all property lines abutting streets, except for driveways.

c. Landscaped areas shall have a minimum width of eight feet, and shall be separated from abutting vehicular areas by a wall or curbing at least six inches higher than the abutting pavement.

d. A corner site shall be provided a planter area of at least 200 square feet at the street corner, except where a building is located at the corner.

e. Additional landscaping may be required by the Commission to screen the service station from adjacent properties.

f. All landscaping on the site shall be placed and maintained to provide safe sight distances for pedestrians and drivers.

5. Lighting. Exterior lights, including canopy, perimeter, and flood shall be stationary, and shielded or recessed within the roof canopy to ensure that all light is directed away from adjacent properties and public rights-of-way. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 17.30.070 (Outdoor Lighting). Lighting fixtures/lamps shall be the most energy efficient available, including florescent, compact florescent, low pressure sodium, high pressure sodium, or other lighting technology that is of equal or greater energy efficiency.

6. Signs and banners. Signs, banners, and promotional flags shall comply with Chapter 17.38 (Signs).

7. Solid waste and recyclables storage. The storage and disposal of solid waste and recyclable materials, including used or discarded motor vehicle parts or equipment, and fluids, shall comply with all applicable Federal, State, and local requirements. Outdoor solid waste and recyclable storage areas shall be screened by a solid masonry wall with a height of six feet, or as approved by the review authority. The wall design, materials, and colors shall be compatible with the primary structures on the site, as determined by the review authority.

E. Building design standards. Each new service station shall comply with the following standards.

1. Architectural character. Subject to the requirements of Design Review, service station architecture shall fit with the existing or intended character of the surrounding area as determined by the review authority.

2. Bay orientation. Service bay openings shall not face a public street.

3. Restrooms. Each service station shall maintain one or more restrooms available for use by the general public without charge. Restroom entrances shall be screened from the view of the public right-of-way.

F. Facility operating standards.

1. Restriction on outdoor activities. Outdoor activities on a service station site shall be limited to fueling, replenishing air, water, oil and similar fluids, and the replacement of minor parts (e.g., lamp bulbs, wiper blades, and other similar items) requiring only the use of small hand tools while a vehicle is being serviced at the pump island. Where minor auto repair is permitted by Article 2, all repair activities shall occur entirely within an enclosed structure.

2. Display. There shall be no outdoor display of equipment or merchandise, except as allowed in compliance with Subsection G.1 (Outdoor storage).

3. Vehicle parking. Vehicles shall not be parked on sidewalks, parkways, driveways, or alleys, and shall not be parked on the premises for the purpose of sale.

G. Appurtenant uses. The following appurtenant uses are prohibited unless specifically allowed as part of Use Permit approval.

1. Outdoor storage. One or more outdoor storage and display cabinets or enclosures other than the primary structure may be approved by the review authority, provided that their combined total area shall not exceed 50 square feet. The construction and finish of storage and display cabinets shall be compatible with the primary structures on the site, as determined by the review authority. Outdoor storage and display cabinets may be used only for the display and sale of brake fluid, gasoline additives, oil, transmission fluid, windshield wipers and fluid, and other similar merchandise. The outdoor storage of tires shall be prohibited. No outdoor vending machines are allowed.

2. Tow truck operations. Where tow truck operations are approved as part of a service station by the review authority, no abandoned, disabled, junked, wrecked, or otherwise non-operational motor vehicles shall remain on site for more than five days, and shall be stored entirely within an enclosed structure.

3. Convenience sales - Parking. Where allowed, the sale of beer and wine, other drinks, food, and/or other merchandise shall be provided off-street parking in compliance with Chapter 17.36 (Parking and Loading).

4. Prohibited uses. The following uses are prohibited.

a. The rental, sale, or storage of garden supplies, tools, trailers, travel trailers, vehicles, and other similar materials and merchandise, except the short term storage of vehicles allowed in compliance with Subsection G. 2. (Tow truck operations), above.

b. Incidental uses such as pinball or video game machines, pool tables, or laundry facilities.

H. Removal of tanks upon cessation or change of use. If, for any reason, a service station ceases to sell gasoline for more than 115 out of 120 days, all gasoline pumps and signs shall be removed from the site and all gasoline storage tanks shall be removed or treated in compliance with Federal and State regulations, subject to the approval of the Fire Department.

17.42.190 - Restaurants

The following standards for restaurants are intended to regulate the disposal of grease and oils for the protection of the City of Fort Bragg sewage treatment plant and the environment.

A. Operating standards. Restaurants shall comply with the following operating standards.

1. Installation and maintenance of grease trap/interceptor. Grease interceptor installation and maintenance must comply with the City’s Food Service Establishment Wastewater Discharge Permit and the City’s Municipal Code section regarding Fats, Oil and Grease Control.

2. Washing of restaurant floor mats, exhaust filters. Restaurant floor mats and exhaust filters shall be washed in a sink or wash area that drains to the sanitary sewer, or collected wastewater from such washing shall be discharged to the sanitary sewer.

Chapter 17.42Standards for Specific Land Uses