Chapter 17.60
SPECIAL REGULATIONS
Sections:
17.60.010 Temporary uses and structures.
17.60.030 Alcoholic beverage sales for off-premises consumption.
17.60.040 Bed and breakfast inns.
17.60.060 Exterior lighting regulations.
17.60.080 Outdoor storage, sales, and service yards.
17.60.100 Residential care facilities.
17.60.110 Roadside agricultural sales.
17.60.120 Satellite dish and other antennas.
17.60.130 Sidewalk cafes and outdoor eating areas.
17.60.140 Day care facilities.
17.60.150 Recycling facilities.
17.60.160 Historic/cultural landmark designations.
17.60.190 Prohibited marijuana activities.
17.60.010 Temporary uses and structures.
A. Purpose and Intent. The purpose of this section is to control and regulate land use activities of a temporary nature which may adversely affect the public health, safety, and welfare. The intent is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residences and land owners, and to minimize any adverse effects on surrounding properties and the environment.
B. Temporary Use Permit.
1. Unless otherwise provided herein, an application for a temporary use permit shall be required for all activities described in subsection C of this section subject to the conditions set forth herein and any other conditions as may be prescribed by the director of community development. A temporary use permit may be approved, modified, conditioned, or denied by the director. The director may refer such application to the city council, pursuant to SBMC 17.72.030 (Public Hearing and Notice Requirements).
2. The director may approve, or conditionally approve, a temporary use permit only when all the findings contained in SBMC 17.68.010 (Conditional Use Permits) are made.
3. The director may also require the submission of a site plan indicating any information required by this section.
C. Temporary Uses Allowed. The following temporary uses and structures shall be allowed as indicated below:
1. Contractors’ offices, temporary living quarters, storage yards and large containers on the site of an active construction project, subject to the following regulations:
a. The director may approve a trailer coach as a temporary living quarters for security personnel, or temporary residence of the property owner, for the duration of the construction project or for a specified period, but in no event for more than two years. If exceptional circumstances exist, a one-year extension may be granted; provided, that the building permit for the first permanent dwelling or structure on the same site has also been extended.
b. Installation of trailer coaches may occur only after a valid grading or building permit has been issued.
c. The trailer coach must have a valid California vehicle license and shall provide evidence of State Division of Housing approval as prescribed in the Health and Safety Code of the state of California. A recreational vehicle shall not be permitted pursuant to the section.
d. The temporary trailer coach installation must meet all requirements and regulations of the city building department.
e. All temporary storage areas and large containers shall be removed from the site upon completion of the building permit.
f. Large containers may not be placed on any building site in any zone for a period exceeding 90 days unless a temporary use permit is obtained.
g. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the building permit for which the use has been approved, or the expiration of the time for which the approval has been granted.
2. Parking lot and sidewalk sales, subject to the following regulations:
a. The sale may not exceed three days during any three-month period;
b. The prospective merchant must obtain written authorization of the property owner;
c. The activity shall not present a hazard to pedestrians or encroach on a required building exit;
d. Safe vehicle ingress and egress shall be provided at all times;
e. Adequate parking shall be provided and maintained during the course of the activity;
f. No item, or any portion thereof, shall be displayed on public property; however, items may be displayed within the public right-of-way if an encroachment permit has first been obtained from the city engineer.
3. Outdoor display of merchandise accessory to a current on-site business, subject to the following regulations:
a. The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises;
b. Adequate parking shall be provided and maintained at all times. Displays shall not result in a loss of required off-street parking;
c. No item, or any portion thereof, shall be displayed on public property;
d. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business;
e. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance;
f. Items which are displayed within five feet of a wall containing a main public entrance or display window(s), but not both, occupy no more than 50 percent of the wall length of the particular principal building or the tenant store, and do not extend beyond the edge of the building or tenant space, shall not require a temporary use permit. Items which are displayed at least 100 feet from the street right-of-way shall not require a temporary use permit. Displays allowed without permit pursuant to this paragraph shall meet all other requirements of this subsection (C)(3).
4. Outdoor art and craft exhibits (shows and sales) subject to not more than 15 days of operation or exhibition in any 90-day period.
5. Religious, patriotic, historic, or similar displays or exhibits within required yard, parking areas, or landscaped areas, subject to not more than 15 days of display in any 90-day period for each exhibit.
6. Christmas tree or pumpkin sales lots subject to the following guidelines and conditions:
a. All such uses shall be limited to 30 days of operation per calendar year.
b. All lighting shall be directed away from and shielded from adjacent residential areas.
c. All unsold items shall be removed from the site upon completion of the sale and the site left free of litter and debris or any other evidence of the temporary use.
7. Carnivals, circuses, or similar traveling amusement enterprises subject to the following guidelines and conditions:
a. All such uses shall be limited to not more than 15 days, or more than 3 weekends, of operation in any 180-day period, unless a conditional use permit is obtained from the community development director pursuant to SBMC 17.68.010.
b. All such activities shall have a minimum setback of 100 feet from any residential area. This requirement may be waived by the director if in his opinion no adverse impacts would result.
c. Adequate provisions for traffic circulation, off-street parking, and pedestrian safety shall be provided to the satisfaction of the director.
d. Restrooms shall be provided.
e. Security personnel shall be provided.
f. Special, designated parking accommodations for amusement enterprise workers and support vehicles shall be provided.
g. Noise attenuation for generators and carnival rides shall be provided to the satisfaction of the director.
8. Model unit sales offices solely for the first sale of homes within a recorded tract or condominium subdivision subject to the following conditions:
a. The sales office may be located in a garage, trailer, or dwelling.
b. Approval shall be for a two-year period, at which time the sales office use shall be terminated and the structure restored to its original condition. Extensions may be granted by the director in one-year increments or until 90 percent of the development is sold plus six months to close sales.
c. The sales office shall be used only for transactions involving the sale, rent or lease of lots or units within the tract or condominium subdivision.
d. Temporary off-street parking at a rate of two spaces per model shall be completed to the satisfaction of the director prior to commencement of sales activities or the display of model units.
e. Flags, pennants, or other on-site advertising, including signs, shall be regulated pursuant to the Comprehensive Sign Ordinance (Chapter 17.64 SBMC).
D. Conditions of Approval. In approving an application for a temporary use permit, the director may impose conditions deemed necessary to ensure that the permit will be in accordance with the standard prescribed herein and the findings required by SBMC 17.68.010 (Conditional Use Permits). These conditions may involve pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:
1. Provision for a fixed period, not to exceed 90 days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or as otherwise provided in this section, or for a shorter period as determined by the director;
2. Regulation of operating hours and days;
3. Provision for temporary parking facilities, including vehicular ingress and egress;
4. Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, dirt, odors, gases, and heat;
5. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
6. Provision for sanitary and medical facilities;
7. Provision for solid, hazardous and toxic waste collection and disposal;
8. Provision for security and safety measures;
9. Regulation of signs;
10. Submission of a performance bond or other surety devices, satisfactory to the director, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
11. Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.
E. Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used, pursuant to the provisions of this title.
F. Revocation. A temporary use permit may be revoked or modified by the director if any one of the following findings can be made:
1. That circumstances have changed so that one or more of the findings of fact contained in SBMC 17.68.010 can no longer be made;
2. That the temporary use permit was obtained by misrepresentation or fraud;
3. That one or more of the conditions of the temporary use permit have not been met; and
4. That the use in violation of any stature, ordinance, law, or regulation. (Ord. 194 § 2, 1994; Ord. 185 § 2, 1993)
17.60.020 Adult businesses.
A. Purpose and Intent. It is the purpose and intent of this section to establish reasonable and uniform regulations for the location, development, and operation of adult businesses within the city of Solana Beach. In the execution of this title, it is recognized that there are some uses which, due to their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are further heightened by their concentration in any one area, thereby having deleterious effects on adjacent areas.
These regulations are intended to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. The following objectives have been formulated to prevent the concentration of adult entertainment uses in any one area, to restrict their accessibility to minors, to maintain neighborhood vitality and economy, and to ensure the same high standards of site planning, architecture and landscape design required of all commercial developments.
B. Definitions.
1. Adult Business. For the purposes of this section an “adult business” shall mean any commercial activity where for any form of consideration more than 15 percent of the total display, shelf, rack, table, stand, or floor area is utilized for one or more of the following:
a. The presentation of material which has a substantial component of its theme, the depiction, illustration, or description of specified anatomical areas or specified sexual activities.
b. The presentation of a live performance which has as a substantial component of its presentation, the depiction, illustration, or description of specified anatomical areas or specified sexual activities.
c. The display or exposure of specified anatomical areas.
d. The display or exposure of specified sexual activities.
e. The display or exposure of instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”.
2. Specified Anatomical Areas. As used herein, “specified anatomical areas” shall mean and include any of the following:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, or in a state of sexual stimulation or arousal even if completely and opaquely covered.
3. Specified Sexual Activities. As used herein, “specified sexual activities” shall mean and include any of the following:
a. The fondling or other touching of human genitals, pubic region, buttocks, anus or female breasts;
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
c. Masturbation, actual or simulated;
d. Excretory functions, menstruation, vaginal or anal irrigation as part of or in connection with any other activities set forth in (a) through (c) above.
C. Conditional Use Permit Required. An adult entertainment use shall only be permitted by conditional use permit as issued by the city council in accordance with SBMC 17.68.010. Specific conditions providing for the development, operation, and design of such a use shall be imposed by the city council.
D. General Regulations.
1. Each adult business establishment shall be located a minimum of 500 feet from an existing adult business. Such measurement shall be the horizontal distance measured between the nearest property lines of the proposed use and the existing adult business.
2. Each adult business shall be located a minimum of 200 feet from any residentially zoned area, church, school, or park. Such measurement shall be the horizontal distance between the property line of the proposed adult business and the nearest residential zoning line or property line of any church, school, or park.
3. All building openings, entries and windows from an adult business shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area, including public sidewalks, street, arcades, hallways, or passageways, of any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas, or as defined in this code. Furthermore, such businesses may not have signs, graphics, or window displays which in any way present, depict, illustrate or describe any such material. (Ord. 215 § 4, 1996; Ord. 185 § 2, 1993)
17.60.030 Alcoholic beverage sales for off-premises consumption.
A. Conditional Use Permit Required. Any liquor store or other establishment for the sale of alcoholic beverages for off-premises consumption, either alone or in conjunction with any other use, and bars (except in connection with a bona fide restaurant) shall require a conditional use permit issued by the city council pursuant to SBMC 17.68.010 (Conditional Use Permits). When reviewing an application for a use permit the council shall, in addition to the factors listed in SBMC 17.68.010, consider the following items:
1. Whether establishment of the use will result in an over concentration of off-sale and on-sale alcoholic beverage sales establishments in the area within 300 feet of the proposed location.
2. The proximity of the proposed use to public and private schools for minors.
3. The proximity of the proposed use to public parks and beach accesses.
B. Conditions for Concurrent Sale of Motor Vehicle Fuel With Beer and Wine. Where an establishment proposes to engage in the concurrent selling of motor vehicle fuel with beer and wine, the following requirements shall be included in the conditional use permit:
1. The concurrent sale of motor vehicle fuel and alcoholic beverages other than beer and wine for off-site consumption shall be prohibited.
2. No beer or wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler.
3. No sale of alcoholic beverages shall be made from a drive-in window.
4. No display or sale of beer or wine shall be made from an ice tub.
5. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated advertising for beer or wine shall be located on buildings or windows.
6. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21 years of age to sell beer and wine. (Ord. 185 § 2, 1993)
17.60.040 Bed and breakfast inns.
A. Purpose and Intent. The purpose and intent of this section is to provide for the development, siting, and operation of bed and breakfast inns to ensure that the use is compatible with the surrounding neighborhoods.
B. Definition. A “bed and breakfast inn” is a residential dwelling which provides lodging for compensation, including overnight sleeping accommodations and meals to the extent permitted by law.
C. Conditional Use Permit Required. A bed and breakfast inn also may be permitted in the residential zones by conditional use permit as issued by the city council in accordance with SBMC 17.68.010. Specific conditions providing for the development, operation, and design of such use shall be made by the city council.
D. Regulations.
1. An owner of the property shall reside on the premises at all times. Such premises shall be the owner’s permanent legal residence.
2. No guest may stay for more than 14 consecutive nights at a bed and breakfast inn.
3. Within the (ER-1), (ER-2), (LR), (LMR), and (MR) zones, no bed and breakfast inn shall have more than four guest bedrooms.
4. One off-street parking space shall be required for each guest bedroom plus two for the resident host.
5. No restaurant activity shall take place except that food may be served to overnight guests. No preparation or cooking of food shall be conducted within any bedroom made available for rent.
6. Each room that is designated for guest occupancy must be provided with a smoke detector.
7. In residential zones, one nonilluminated announcement sign may be used to identify the bed and breakfast inn, but may not exceed four square feet in area. Freestanding signs shall not exceed 42 inches in height above finished grade.
8. No bed and breakfast inn within a residential zone shall be located on a lot closer than 1,000 feet from any other lot containing a bed and breakfast inn, except that two bed and breakfast inns may be located on adjacent lots.
9. The integrity of the interior of the structure shall be maintained so as to allow the relatively easy conversion of the structure to the original residential use.
10. The exterior of the structure should retain its residential character so as to be indistinguishable from the other homes in the neighborhood.
11. Sleeping rooms available for guest use shall not comprise more than 50 percent of the floor area of the principal residence.
12. Prior to occupancy of any unit, the owner shall obtain a business license for a bed and breakfast inn which shall be issued only after compliance with all bed and breakfast inn requirements have been verified by the director of community development.
13. A bed and breakfast inn shall comply with any other conditions the city council may deem appropriate to ensure compatibility with the surrounding neighborhood. (Ord. 215 § 5, 1996; Ord. 185 § 2, 1993)
17.60.050 Caretaker units.
Caretaker units may be developed as a permitted or conditional use as provided by the base zone for the exclusive use of personnel employed for the maintenance and security of the principal use subject to the following regulations:
A. The caretaker unit shall meet all yard setback requirements of the applicable zone.
B. The caretaker unit shall be not greater than 720 square feet in area.
C. The caretaker units shall be connected to all utilities (sewers, septic tanks or professionally maintained holding tanks, water, electricity, and generators).
D. Temporary caretaker units shall comply with all requirements of SBMC 17.60.010(C) (Contractors’ Offices, Temporary Living Quarters, Storage Yards and Large Containers) in addition to requirements A through C of this section. (Ord. 185 § 2, 1993)
17.60.060 Exterior lighting regulations.
A. Purpose and Intent. It is the purpose of this section to control excessive or unnecessary outdoor light emissions which produce unwanted illumination of adjacent premises within the city. Additionally, it is the intent of this section to prescribe standards for the maintenance of designated “dark sky” neighborhoods as set forth in the Solana Beach general plan. Such neighborhoods seek to preserve their traditional semirural character, a major component of which is very low levels of nighttime illumination.
B. Lighting Regulations (Citywide). Lighting permitted shall be subject to the following regulations:
1. Light Usage. All lights, exclusive of approved signage, shall be used for the purposes of illumination only, and not designed for or used as an advertising display. The operation of searchlights for advertising purposes is prohibited. The illumination of outdoor billboards is prohibited.
2. Horizontal Cutoff. Luminaries, including street lighting, shall be so designed and shielded by horizontal cutoff to eliminate all light directed above the horizontal. The lower edge of the luminary housing shall extend below the entire light source and all glassware so that any light emitted above the horizontal is eliminated. Light-directing refractors shall be considered to be light sources.
3. Light Trespass. The illumination of adjacent premises by spill light shall not exceed a value of 0.02 foot candles measured in the horizontal or vertical plane at a point five feet inside the adjacent property.
4. Removal. Poles and lights shall be removed at the owner’s expense when property on which they are located is utilized for street widening.
C. Dark Sky Areas. The following additional regulations are applicable only to those areas designated as “Dark Sky” areas on Map Drawing 17.16.060-A, on file with the city clerk and the department of community development:
1. No new street lighting standards shall be installed, unless the city engineer recommends and the city council, after a noticed public hearing, approves such standard(s) upon finding that such lighting is necessary to protect the public safety.
2. The lighting of subdivision entrances, entrance signs and residential identification signs is prohibited. Security lighting and external illumination of building address signs are exempted.
3. The outside illumination for aesthetic or dramatic purposes of any building and/or surrounding landscape, including environmentally sensitive habitat areas (public or private) is prohibited.
4. Area lighting for any purpose, public or private, is prohibited, except where a temporary use permit has been issued by the director of community development for a special event.
5. The lighting of outdoor commercial parking areas shall be prohibited between 9:00 p.m. and dawn. Security lights may be exempted pursuant to a conditional use permit issued by the director of community development.
6. Commercial wall signs or monument signs (within the “dark sky area”) which are visible from a residentially zoned area immediately adjacent to the commercial premises shall not be internally lighted. External illumination is permitted subject to the provisions of subsection B of this section. Internally illuminated signs which are not visible from residentially zoned areas immediately adjacent to the commercial premises shall be permitted.
D. Temporary Exemptions. Upon written request from any individual, the director of community development may grant a temporary exemption from the requirements of this section for a period not to exceed 30 days within any one-year period. Such exemption may be allocated cumulatively for recurring events.
Within 10 days of receiving an exemption request, the director shall notify all contiguous property owners of such request by mail 10 days prior to the director’s decision. The request for the exemption shall contain as a minimum the following information:
1. Specific exemption requested.
2. Type and use of outdoor light involved.
3. Duration of time for the requested exemption.
4. Type of illumination.
5. Total lumen of lamp or lamps.
6. Proposed location of exterior light.
7. Previous temporary exemptions, if any.
8. Physical size of exterior light.
9. Any additional information the director deems necessary to make a reasonable evaluation of a temporary exemption request.
The decision of the director may be appealed in accordance with SBMC 17.72.070 (Appeals). (Ord. 185 § 2, 1993)
17.60.070 Fences and walls.
A. Purpose and Intent. The purpose of this section is to prescribe standards for fences, walls, and view-obscuring landscaping within the city for the conservation and protection of property, the assurance of safety and security, the enhancement of privacy, the control of dust, and the improvement of the visual environment including the provision of a neat appearance in keeping with neighborhood character.
B. Permitted Fences and Walls (Nonresidential Zones C, SC, LC, OP, LI, PI, OSR). Fences and walls shall be constructed in accordance with the following standards, except when the city council or director of community development, as a condition of approval of a matter under their jurisdiction, requires that a fence or a wall be constructed to a height greater than otherwise permitted by this section in order to mitigate against potential adverse effects. On fill or cut slopes, the height of all fences, walls, retaining walls, or any combination thereof shall be measured above the level of the pre-existing grade.
1. No fence or wall, within the buildable area, shall be higher than the maximum height applicable to a principal structure.
2. Within required front and street side yards, no fence, wall, retaining wall or combination thereof shall be higher than 42 inches, except that an additional 24 inches of fence height (to a maximum height of 66 inches) shall be permitted; provided the additional portion of the fence is constructed of a material that is at least 80 percent open to light.
3. Within required rear and interior side yards, no fence, wall, retaining wall or combination thereof shall be higher than six feet, except where such property abuts a residentially zoned lot in which case an additional two feet of fence height is permitted.
4. Barbed wire, razor, and electrical fences are prohibited.
5. In the OSR zone a woven, rail, or similar open type fence may be six feet high. No such fence shall be located on a bluff face or to within 40 feet from the top edge of a coastal bluff area or 25 feet from the top edge of any other natural bluff area except where reasonably necessary to deter trespassing or to discourage indiscriminate traverse upon the face of the bluff. No fence shall interfere with public beach access rights.
For purposes of measuring fence height, see definition of “Fence”, Chapter 17.08 SBMC (Definitions).
C. Permitted Fences and Walls (Residential and Agricultural Zones ER, LR, LMR, MR, MHR, HR). Fence and Wall requirements for the residential zones shall be as prescribed in SBMC 17.20.040(O) (Residential Zones, Specific Requirements, Fences, Walls, and Hedges).
D. Required Fences and Walls (All Zones).
1. Parking Areas. All parking areas of five or more parking spaces, (and driveways serving such parking areas) located on a parcel abutting property in any residential zone, shall be separated from such abutting property by a solid fence or wall six feet in height, except as follows:
a. Where said fence or wall abuts a front yard or street side yard on adjacent property, the required fence or wall shall be limited to 42 inches in height.
b. Where the finished grade of a parking area is more than six feet below the finished grade of adjacent property, no fence or wall is required, except as necessary for the safety of persons. Where there are variations in the finished grade adjacent to the lot, these same requirements shall apply, and the fence or wall shall be designed in such a way as to have a functional and aesthetic transition while protecting adjoining residential property from the lights and noise of vehicular traffic.
c. The director of community development or the city council may waive or modify the provisions of (a) and (b) above if findings are made that the placement of structures and other factors prevent the lights and noise of vehicular traffic from adversely affecting abutting residential property at least to the same degree as the required fence or wall.
2. Outdoor Storage, Sales, and Service Yards. Fence and wall requirements for outdoor storage, sales display areas, and service yards shall be as prescribed in SBMC 17.60.080 (Outdoor Storage, Sales, and Service Yards).
3. Mobile Home Parks. Mobile home parks shall be entirely enclosed at its exterior boundaries by a decorative, view-obscuring fence or wall, or by decorative screening or landscaping plants and/ or materials; provided, however, that said fence, wall screening or landscaping when located within a front yard shall be constructed at or behind the required setback.
4. Scenic Area Overlay Zone. Within the scenic area overlay zone (SBMC 17.48.010) potentially unsightly features shall be screened from view by a view-obscuring fence or wall or by decorative screening or landscaping plants and/or material in accordance with the provisions of an approved development review permit.
E. Standards Applicable to Required Walls and Fences (All Zones).
1. Measurement of Height. The prescribed height of required fences, walls, or landscaping screens shall be measured above the actual adjoining level of the finished grade, except that where parking, loading, storage, or similar areas are located above finished grade, the height of fences, walls or landscaping required to screen such areas or space shall be measured above the level thereof. An earthen berm not higher than three feet may count toward the prescribed height of any fence, wall, or landscaping screen.
2. Fence Materials. Fences and walls may be of any material commonly used in the construction of fences or walls, or otherwise acceptable by the department of community development, except as otherwise specified herein.
3. Fence Opaqueness. The degree of opaqueness or transparency of fences and walls may be determined by the property owner, in accordance with his desire for visual privacy, except as otherwise specified herein.
4. Hedges and Landscaping. A hedge or other dense landscaping may satisfy a requirement for a view-obscuring fence. Such hedge or other dense landscaping shall be maintained in accordance with the provisions of Chapter 17.56 SBMC (Landscaping Regulations) and shall be replaced with another hedge, other dense landscaping or an appropriate fence or wall when it ceases to serve the purpose of obscuring views. However, no such hedge shall be grown or maintained at a height greater than that permitted by these regulations for a wall or fence.
5. Gateposts. Gateposts and other superstructures over ways of ingress and egress may be permitted as determined appropriate by the director of community development. (Ord. 185 § 2, 1993)
17.60.080 Outdoor storage, sales, and service yards.
A. Purpose. It is the intent of this title that, where possible, all businesses shall be conducted completely within an enclosed building. In recognition that certain types of uses require outdoor storage, sales areas, and service yards, the purpose of this section is to provide for the regulation of outdoor storage, sales and service yards to minimize potential adverse effects upon adjacent development and to preserve and enhance the scenic quality of the city.
B. Definitions.
1. Outdoor Storage. As specified herein, “outdoor storage” shall mean any outdoor area, exclusive of parking lots, used for the storage of supplies and materials including, but not limited to, building materials, merchandise (not on display), maintenance supplies, construction equipment, machinery, raw material, inoperative vehicles, refuse, recycled materials, and containers of any type.
2. Outdoor Sales. As specified herein, “outdoor sales” shall mean any permanently maintained outdoor area used for the display of merchandise intended for on-premises sale including automobile sales lots.
3. Service Yard. As specified herein, “service yard” shall mean any outdoor area used for automotive or equipment repair or maintenance, materials assembly or processing, exclusive of loading areas and automotive cleaning services.
C. Conditional Use Permit Required. Any outdoor storage or service yard which is not accessory to a current on-site business and any permanent outdoor sales area of a business shall require a conditional use permit pursuant to SBMC 17.68.010. Specific conditions providing for adequate screening of such areas shall be imposed by the director of community planning or city council. For the purposes of this section, the director of community development shall determine whether the outdoor storage yard, sales area, or service yard is a principal or accessory use of the property.
D. Regulations. All outdoor storage, sales, and service yards, including such uses which are accessory to a current on-site business shall comply with the following regulations, as applicable:
1. Any outdoor storage or service yard shall be completely enclosed by a solid wall, with necessary gates, with a minimum height of six feet and a maximum height of eight feet. The substitution of a fence, decorative wall, or dense plantings which will adequately buffer the area may be approved as a part of a required conditional use permit.
2. Material or equipment shall not be stacked or piled higher than the enclosure surrounding the storage area. Exceptions may be granted pursuant to the conditional use permit in cases where the containers, such as silos, bins, or tanks, are to be used for finished products in transition or in other situations where the provisions of this paragraph are not appropriate.
3. Hazardous materials including, but not limited to, explosive, highly flammable, or toxic material or chemicals shall not be stored outdoors except in appropriate storage containers or facilities specifically authorized pursuant to California law, including the California Health and Safety Code, California Fire Code as adopted by Chapter 15.32 SBMC and all applicable state regulations.
4. Except as otherwise provided in Chapter 17.52 SBMC (Parking and Loading Regulations) every portion of a lot used for outdoor sales shall be considered as a part of the gross floor area in calculating the parking requirements for the subject use.
5. Every portion of a lot used for the sale, rental, lease of automobiles, trucks, trailers, and other similar vehicles shall comply with all requirements of Chapter 17.52 SBMC (Parking and Loading Requirements). In addition to the parking area landscaping requirements required by Chapter 17.52 SBMC, all sites shall provide a minimum 10-foot landscaped buffer area between the street frontage and display area.
6. Outdoor night lighting for storage yards, service yards, and sales areas shall be directed away from residential areas (see also SBMC 17.60.060, Exterior Lighting Regulations).
7. Objectionable noise, odors, or particulates shall not be allowed to emanate beyond the premises.
8. All health requirements shall be observed. (Ord. 440 § 3, 2012; Ord. 185 § 2, 1993)
17.60.090 Kiosk businesses.
A. Purpose. The purpose of this section is to ensure that kiosk businesses are compatible with the visual quality and efficient functioning of existing or proposed commercial centers.
B. Definition. For the purpose of this section a kiosk business shall include any business or related commercial activity located in a freestanding structure of less than 200 square feet in area. Kiosk businesses include, but are not limited to, film development services, flower stands, food stands, key shops, parcel services, automated tellers, and information booths.
C. Regulations. All kiosk businesses shall comply with the following regulations:
1. The kiosk shall not obstruct or impede pedestrian or vehicular circulation.
2. No kiosk structure shall exceed a height of 15 feet.
3. Kiosk structures shall comply with all setback requirements applicable to principal structures within the zone, unless a variance and/or encroachment permit is obtained.
4. The kiosk business shall not result in a net loss of required on-site parking.
5. All kiosk businesses, including drive-thru facilities, shall be consistent with the requirements Chapter 17.52 SBMC (Parking and Loading Regulations).
6. Signage for kiosk businesses shall be as prescribed in Chapter 17.64 SBMC (Comprehensive Sign Ordinance). (Ord. 185 § 2, 1993)
17.60.100 Residential care facilities.
A. Purpose and Intent. It is the purpose and intent of this section to provide location criteria and development standards for the establishment and operation of residential care facilities. It is recognized that such facilities provide an important and essential community service and that they should be located and operated in a manner which is sensitive and compatible with the surrounding neighborhood and community.
B. Definition. Any family home, group care facility, or similar facility, with or without food services(s) and kitchen facilities, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual including, but not limited to, alcoholism or drug abuse recovery facilities, congregate living facilities, community care facilities, intermediate care facilities/disabled habilitives, or intermediate care/developmentally disabled-nursing facilities licensed by the state of California, excluding housing for the elderly, nursing and convalescent homes.
C. Conditional Use Permit Required.
1. A residential care facility with six or fewer persons is a use regulated by the state of California and shall be considered a permitted use in all zones permitting residential uses (see Table 17.12.020, Use Matrix).
2. A residential care facility for seven or more persons shall be permitted only by conditional use permit in accordance with SBMC 17.68.010. Specific conditions providing for the development, operation, and design of any residential care facility for seven to 12 persons shall be made by the director of community development. Specific conditions providing for the development, operation, and design of any residential care facility for 13 or more persons shall be made by the city council.
D. Regulations. The following development standards are intended as minimum requirements for residential care facilities. Since the conditional use permit process is discretionary, each application will be considered on its own merits. Additional requirements may be imposed in order to meet the objectives of the general plan or to address special circumstances of the proposal including, but not limited to, state and county licensing requirements:
1. The use should comply with all property development regulations of the underlying zone, including but not limited to setbacks, yards, floor area ratio, height and parking, unless a variance to the above standards is granted in conjunction with the conditional use permit.
2. Sleeping areas must meet all of the following criteria:
a. A minimum of 70 square feet of sleeping area per resident, exclusive of closet or storage space.
b. No room commonly used for other purposes shall be used as a sleeping area. Such rooms shall include but shall not be limited to living rooms, dining rooms, family rooms, dens, recreation rooms, hallways, stairways, unfinished attics, basements, garages, storage areas, sheds, or similar attached or detached buildings.
c. No sleeping area shall be used as a public or general passageway to another room, bath, or toilet.
d. A minimum of eight square feet of storage (closet or drawers) shall be provided per bed.
3. The facility shall provide one full bathroom (toilet, sink, shower, and/or bathtub) per every seven beds.
4. The facility shall be required to provide one parking space per employee and one parking space for every seven beds, unless the director of community development determines that additional parking spaces are required.
5. The facility shall comply with citywide landscaping regulations (Chapter 17.56 SBMC).
6. The facility shall be required to provide a common living area of 100 square feet plus five square feet per bed, exclusive of the sleeping, dining and kitchen areas.
7. Existing and new facilities shall comply with all other health, building, and safety requirements. (Ord. 185 § 2, 1993)
17.60.110 Roadside agricultural sales.
A. Conditional Use Permit Required. The operation of a stand for the display and sales of agricultural products, including horticultural and floricultural products shall require a conditional use permit pursuant to SBMC 17.68.010.
B. Regulations.
1. The area of a roadside agricultural stand shall not exceed 200 square feet.
2. Such stands shall be located at least 15 feet from any street or highway.
3. An encroachment permit shall be required for any stands located in the ROW zone or in a public-right-of way.
4. Signage for roadside agricultural stands shall be as prescribed in Chapter 17.64 SBMC (Comprehensive Sign Ordinance).
5. Roadside agricultural stands located in parking lots shall meet all requirements of SBMC 17.60.090 (Kiosk Businesses). (Ord. 185 § 2, 1993)
17.60.120 Satellite dish and other antennas.
A. Purpose and Intent. The purpose and intent of this section is to ensure that satellite dish antennas, and other large antennas are constructed in a safe manner and located in areas where impact to the public and neighbors is limited. It is not the intent of this section to impose unreasonable regulations on satellite dish antennas, prevent reception of satellite-delivered signals by such antennas, or impose costs on the users of satellite dish antennas or other large antennas that are excessive in light of the purchase and installation cost of the equipment. It is the further intent of this section to promote the orderly and esthetically pleasing installation of satellite dish antennas in all zones, while prohibiting to the maximum extent possible antennas which would interfere with public and private views, create visual blight, or intrude into public open space or scenic bluff areas. It is the further intent of this section that these provisions shall govern the installation of all satellite dish antennas requiring a permit herein and that no other permit or approval, except for building or other construction permits required by SBMC Title 15 shall be required for the installation of a satellite dish antenna.
B. Permit Requirements and Exemptions.
1. Satellite dish antennas are permitted in all zones subject to the provisions of this section and the standards of the applicable zone.
2. Satellite dish antennas less than 30 inches in diameter are permitted in any zone and are not subject to the installation standards or permit requirements of this section if the antennas are attached to a permitted primary or accessory structure on a lot.
3. A satellite dish antenna exceeding 30 inches in diameter or which is not attached to a permitted primary or accessory structure on a lot shall not be installed on any property in the city unless a satellite antenna installation permit has first been issued by the community development director and all applicable building and other construction permits required by SBMC Title 15 have been obtained. Building and other applicable construction permits shall not be issued until after the issuance of the satellite antenna installation permit. An application for a satellite antenna installation permit shall be filed with the community development director on a form approved by the director and shall be accompanied by a scaled plot plan showing the proposed location of the antenna on the property, screening details and other information establishing that the antenna will be installed in compliance with the installation standards of this title. An application fee in an amount established by city council resolution, the amount of which shall not exceed the reasonable cost of reviewing the application for compliance with this title, shall be paid at the time the application is submitted. The community development director shall issue the satellite antenna installation permit if the proposed installation complies with the installation standards of this title. The director shall act on the application within 10 working days of the date the completed application is submitted. The application for a satellite antenna installation permit may be submitted by the owner or lessee of the property or by a contractor on behalf of the owner or lessee.
4. If a satellite antenna, except as may be exempted, is installed without a satellite antenna installation permit having first been issued, the community development director shall collect an investigation fee, in addition to the permit fee, which shall be paid regardless whether or not a permit is then or subsequently issued. The investigation fee shall be in an amount equal to the application fee for the satellite antenna installation permit. Payment of the investigation fee shall not relieve the property owner or lessee from compliance with the section or from any penalty prescribed for violation of this section.
5. Whenever a discretionary zoning permit or approval is required for a development, the satellite antenna installation permit may be consolidated with, and issued as a part of, the discretionary permit or approval.
6. Issuance of the satellite antenna installation permit shall be subject to the issuance of a permit under Solana Beach Ordinance No. 110 or any subsequent ordinance enacted to establish procedures to protect public and private views.
C. Installation Standards. All satellite dish antennas shall comply with the installation requirements set forth below:
1. Residential Zone Standards (ER, LR, LMR, MR, MHR, and HR Zones). A satellite dish antenna shall be considered as accessory to the primary structure on a lot and shall be permitted in all residential zones subject to the following standards:
a. No more than one satellite dish antenna shall be permitted per lot, except as otherwise provided in paragraph (h) hereof with respect to condominiums and other multi-family residential developments with more than 50 dwelling units.
b. The antenna shall be mounted on the ground, except as otherwise provided in paragraph (h) hereof with respect to multi-family residential developments subject to a development review permit or other zoning permit regulating the design and construction of the development.
c. The antenna shall not be located in a required front yard or in a required side yard. The antenna shall not be located in the area of the lot between a street and the main structure outside of the required front or side yard unless there is no other location on the property where the antenna may be placed and receive satellite delivered signals. The antenna shall not be located such that any portion of the antenna is within four feet of any property lines.
d. The antenna shall not exceed 10 feet in height. Height shall be measured vertically from the highest point of the antenna positioned for operation to the bottom of the base at ground level.
e. The antenna shall not be located on a coastal bluff or within 25 feet of the top edge of a coastal bluff as defined in Chapter 17.08 SBMC, or below or within 25 feet of the rim of a canyon located on the north side of the city between the railroad right-of-way and Interstate Freeway 5, or in any area encumbered by an open space easement.
f. The antenna shall be screened from view from adjacent property and from public streets, rights-of-way or property by a wall, fence, hedge or other landscape material located between the antenna and the applicable setback line so that no more than 25 percent of the antenna extends above the top of the screening material. The screening material shall be continuously maintained in a good condition so long as the antenna remains on the property.
g. The antenna dish shall not exceed seven feet in diameter.
h. More than one satellite dish antenna per lot may be installed in condominiums and other multifamily residential developments which have 50 or more dwelling units if the community development director finds that one satellite dish antenna is insufficient to provide reception for the dwelling units in the development. Satellite dish antennas may be installed on the roof of a multifamily residential structure subject to the screening requirements for roof-mounted antenna established by this section or for roof mounted antenna in non-residential zones when permitted by the development review permit or other zoning permit or approval regulating the design and construction of the development. The provisions of this paragraph (h) shall be applicable to hotels and apartments located in residential zones.
2. Commercial and Industrial Zone Standards (C, SC, OP, LC, and LI Zones). A satellite dish antenna shall be considered as accessory to the primary structure on a lot and is permitted in all commercial and industrial zones subject to the following standards:
a. Standards applicable to ground-mounted satellite antenna.
i. The antenna shall not be located in the front 50 percent of the lot, except for through or corner lots where the antenna shall be located in that half of the lot located furthest away from any street. The antenna shall not be located in any required parking area.
ii. The antenna shall not exceed 15 feet in height. Height shall be measured vertically from the highest point of the antenna when positioned for operation to the bottom of the base at ground level.
iii. The antenna shall not be used as a sign or contain any advertising copy.
iv. The antenna shall be screened from view from adjacent properties and from public streets, rights-of-way and property by a wall, fence, hedge or other appropriate landscape material located between the antenna and the applicable setback line so that no more than 25 percent of the antenna extends above the top of the screening. The screening material shall be continuously maintained in a good condition so long as the antenna is installed on the property.
b. Standards applicable to roof-mounted satellite antennas. An antenna mounted on a pole fixed to the ground, but also directly attached to a primary or accessory building by straps, brackets or other means, shall be considered to be a roof-mounted antenna.
i. The antenna shall not exceed 15 feet in height; provided, however, that in no event shall the antenna extend more than five feet above the permitted height of the building on which it is located. Height shall be measured vertically from the highest point of the antenna when positioned for operation to the bottom of the base where it is attached to the building, or in the case of pole-mounted antenna, to the point where the roof-line intersects the pole.
ii. The antenna shall be screened by recessing the antenna into the roof, constructing a screen out of similarly colored and textured roof or wall material as the building on which the antenna is located, or appropriate landscaping so that the antenna is not visible from the ground level at the property line.
c. General standards applicable to both ground-mounted and roof-mounted satellite antennas.
i. No more than one antenna shall be located on a lot; provided, however, that the community development director may permit more than one antenna per lot if the director determines that there is more than one permitted use or business on the lot and that the reception needs of the permitted uses or businesses cannot be met by a single antenna.
ii. For property located adjacent to Highway 101 or between Highway 101 and Cedros Avenue, antennas shall be located and screened so that the antennas are not visible from the Highway 101 right-of-way.
3. Agricultural Zone (A Zone) and Open Space/Recreation Zone (OSR Zone). A satellite dish antenna shall be considered as accessory to the primary structure or use on the property and shall be permitted subject to the same standards applicable to residentially zoned property.
4. Public Institutional Zone (PI Zone). Satellite dish antennas are a permitted accessory use of property in the public institutional zone.
D. Exception to Installation Standards. If application of the standards established by this title prevents the installation of a satellite dish antenna on property of an applicant, or would result in the imposition of unreasonable costs in light of the purchase and installation costs of the equipment, then the community development director shall grant an exception to the standards, but only to the extent necessary to permit the installation of one satellite dish antenna on the applicant’s property in such a place and manner as to result in the greatest compliance possible with the standards and cause the least impact on the esthetics of the neighborhood, views from adjoining property and views from public streets, rights-of way and property. Any variance granted by the community development director shall be justified in writing and a copy of the decision shall be kept in the permit file.
E. Previously Installed Satellite Antennas. Any satellite dish antenna legally installed before the effective date of the ordinance codified in this title shall be brought into conformance with all requirements herein, except for requirements of size and height, within 18 months of the effective date of the ordinance codified in this title. If a satellite antenna installation permit is required for such antenna, the inspection fee shall not be applicable unless the application for the satellite antenna installation permit is not filed within the 18-month period.
F. Conventional Television Antennas and Amateur Radio Antennas.
1. Conventional television receiving antennas (mast, rods, and support wires) shall not extend more than 10 feet in height above the highest point of the roof.
2. Amateur radio antennas in excess of 40 feet above grade are subject to a planning director’s use permit with appeal rights to the city council pursuant to Chapter 17.68 SBMC. A maximum height of 75 feet may be allowed.
a. All antennas must meet principal building setbacks.
b. Not more than one amateur radio antenna support structure and one whip antenna structure in excess of 30 feet in height per building site is allowed.
c. All antenna shall be situated so as to be of minimum visual impact to the community.
d. Whip antenna are exempt from the use permit requirements.
e. These standards satisfy the requirements of the city’s view preservation ordinance and no additional view preservation permit is required.
G. Wireless Communication Facilities (WCFs).
1. All wireless communication facilities, and any modifications, collocations, expansions or other changes to existing WCFs, are subject to a permit as specified in City Council Policy No. 21. All WCFs shall comply with City Council Policy No. 21.
2. “Wireless communication facility” (WCFs) means any component, including antennas and all related equipment, buildings and improvements for the provision of personal wireless services defined by the Federal Telecommunications Act of 1996 and as subsequently amended. Personal wireless services include, but are not limited to, cellular, personal communication services (PCS), enhanced specialized mobile radio (ESMR), paging, ground-based repeaters for satellite radio services, micro-cell antennas and similar systems which exhibit technological characteristics similar to them. (Ord. 481 § 3, 2017; Ord. 391 § 1, 2008; Ord. 355 § 1, 2006; Ord. 191 § 1, 1994; Ord. 185 § 2, 1993)
17.60.130 Sidewalk cafes and outdoor eating areas.
A. Purpose and Intent. The purpose and intent of these regulations is to encourage outdoor eating areas and sidewalk cafes as visual amenities which intensify pedestrian activity and make street life more attractive in commercial areas, to promote and protect public health, safety, and general welfare, to preserve and enhance the character of neighborhoods, and to ensure adequate space for pedestrians.
B. Definitions.
1. An “outdoor eating area” is a portion of a restaurant, located between the front setback of a building and the street, which is used exclusively for dining, drinking and circulation therein. Outdoor eating areas include sidewalk cafes.
2. A “sidewalk cafe” is a portion of a restaurant, located within the sidewalk area of the public right-of-way, which is used exclusively for dining, drinking and circulation therein. A sidewalk cafe may provide waiter or waitress service or self-service.
C. Conditional Use Permit Required. A sidewalk cafe shall only be permitted by conditional use permit issued by the director of community development or city council in accordance with SBMC 17.68.010. Specific conditions providing for the development, operation, and design of such a use shall be imposed by the director of community development or the city council.
Outdoor eating areas which do not include a sidewalk cafe do not require a conditional use permit but shall comply with all applicable regulations below.
D. Regulations. All outdoor eating areas, including sidewalk cafes, shall comply with the following regulations as applicable:
1. Clear Path.
a. For sidewalk cafes, there shall be a minimum clear distance, which is free of all obstructions, of 50 percent of the sidewalk width or four feet, whichever is greater. The minimum distance may be measured from any point within the sidewalk width; provided the clear path is maintained in a continuous line conforming to the curvature of the sidewalk. Portions of the sidewalk cafe may be located on either side of the clear path thereby creating two distinct perimeters. In no event may recesses in the sidewalk cafe frontage be used to satisfy this unobstructed width requirement except that corners of the sidewalk cafe may be rounded or mitered. For the purposes of the minimum clear path, parking meters, traffic signs, and trees which have gratings flush to grade, without fence or guards, shall not count as obstructions. Within a sidewalk cafe perimeter located on the street side of a clear path, tables and chairs may be located between sidewalk obstructions such as trees, light standards, planters, news racks, mail boxes, benches and similar fixtures; provided such public facilities remain accessible.
b. At the intersection of streets a minimum clearance, free of all obstructions, measured from the outer edge of the sidewalk cafe to the curb side or nearest obstruction, shall be required as determined by the city engineer. The corner of the sidewalk cafe wall may be rounded or mitered.
2. Cafe Boundary. No portion of a sidewalk cafe, such as gates or any objects placed within a sidewalk cafe, shall swing or project beyond the designated exterior perimeter of the sidewalk cafe. However, fire exit doors, which are used exclusively as emergency exit doors, shall be exempt from this provision.
3. Location. No portion of an outdoor eating area shall be located within eight feet of the entrance to a ground floor commercial use other than an entrance to an outdoor eating area. An exception to the minimum distance between outdoor eating areas and adjacent business entrances may be granted up to zero feet after review of existing conditions in that commercial area on that particular street by the director of community development and all other appropriate departments, and upon the affected adjacent property and first floor tenant(s) having given notarized written permission for an encroachment. The review will take into consideration the effect that the exception may have on adjoining businesses in terms of visibility and access.
4. Access For Persons with Physical Disabilities. An outdoor eating area and its restaurant shall be directly accessible to persons with physical disabilities. In the event the main restaurant has provided such access, the outdoor eating area shall be accessible to persons with disabilities from the interior of the restaurant. In order to ensure access for persons with physical disabilities:
a. At least one door leading into the outdoor eating area or restaurant from the adjoining sidewalk shall be not less than three feet wide.
b. A ramp with nonskid surface, if there is change of grade, having a minimum width of three feet and a slope of not greater than one inch in height for every 12 inches of horizontal distance shall be provided. Such ramp may be of portable type for cafes which are six feet wide or less, except if the cafe is 180 square feet in area or greater.
5. General Design Considerations.
a. Fixtures.
i. Sidewalk cafes may contain readily removable railings or fencing or any combination of removable railings, fencing, and landscaping in planter boxes to separate the encroachment area from the remainder of the sidewalk.
ii. No solid walls shall be permitted in the right-of-way. Solid walls and wind screens are permitted in outdoor eating areas outside of the right-of-way.
iii. The furnishings of the interior of a sidewalk cafe shall consist of readily movable tables, movable chairs, and movable umbrellas. For the purposes of this section “readily movable” shall mean that no object such as a table, chair, planter, or any other fixture, shall be leaded, cemented, nailed, bolted, power riveted, screwed, or affixed, even in a temporary manner, to either the sidewalk or to any other structure which it abuts.
iv. Landscaping may be placed either in movable planters or planted in the ground inside the defined cafe area adjacent to any barrier, railing fence, or combination thereof.
v. Lighting and heating fixtures may be permanently affixed onto the exterior front of the main building. Portable heating units may be used in all outdoor cafes.
b. Signage. Only the following signs are permitted within an outdoor eating area or sidewalk cafe:
i. The name and type of establishment may appear on the umbrellas or the valance of an awning.
ii. A movable menu board, not to exceed eight square feet, shall be allowed within the boundaries of the outdoor eating area or sidewalk cafe.
c. Refuse Storage Area. No structure or enclosure to accommodate the storage of trash or garbage shall be erected or placed on, adjacent to, or separate from a sidewalk cafe on the public right-of-way.
d. Safety.
i. All barriers, railings, or fences placed around a sidewalk cafe shall be contiguous to the sidewalk. The barriers shall be adequately designed so that unsafe conditions are not created for the physically disabled, blind and partially sighted. In order to maximize visual access and pedestrian safety, the height of the railing, barrier, fence, or planter within the right-of-way shall not exceed three feet in elevation.
ii. Adequate lighting of barriers and railings for stairways and sidewalks shall be provided.
iii. No cantilevered projections over a public right-of-way or other pedestrian walkway shall be permitted. A change in paving pattern and texture may be required to alert pedestrians of a change in sidewalk use.
iv. Awnings or umbrellas may be used in conjunction with all outdoor eating areas. For sidewalk cafes within the public right-of-way, awnings shall be adequately secured, retractable and shall be constructed and installed to the satisfaction of the building official. At no point shall the height of the awning including the valance be less than seven feet from the floor of a sidewalk cafe.
v. Sidewalk cafes should be at the same elevation as the adjoining sidewalk. However, in the event of a grade change, consideration may be given to permit the floor level of the sidewalk cafe to be elevated or depressed.
6. Environmental Compatibility.
a. The outdoor eating area should fit in with the character of the area and reinforce the aspect of outdoor pedestrian plazas/park settings.
b. The scale of an outdoor cafe should be compact, and suggest intimacy, charm and functionality through materials, landscaping, signs, and use.
c. The hours of operation of an outdoor eating area shall be limited to the hours of operation of the associated eating or drinking establishment.
E. Encroachment Permit Required. An encroachment permit shall be required for a sidewalk cafe in accordance with the provisions of SBMC 11.20.200 and shall be applied for and processed concurrently with the application for a conditional use permit.
F. Liability Insurance. The permittee shall agree to hold the city of Solana Beach harmless and indemnify the city of Solana Beach from and against all claims, demands, costs, losses, damages, injuries, litigation, and liability arising out of or related to the use of the public property by the permittee or permittee’s agents, employees, contractors, or guests. The permittee shall also give evidence of liability insurance in an amount determined by the issuing authority to be sufficient to deal with the maximum amount of potential liability related to permittee’s use of the public property, and such additional terms as the issuing authority deems appropriate. The issuing authority may require an additional bond to be posted as security for the performance of permittee’s obligation to repair all public property damaged as a result of permittee’s use of the public property. (Ord. 185 § 2, 1993)
17.60.140 Day care facilities.
A. Purpose and Intent. The purpose of this section is to prescribe standards for medium and large day care facilities to assure their compatibility with surrounding uses and to avoid over-concentration of such facilities in residential neighborhoods.
B. Conditional Use Permit Required. Day care facilities for six or less children are a permitted use in all zones allowing residential uses. Day care facilities for seven or more children shall only be permitted by conditional use permit issued by the director of community development in accordance with SBMC 17.68.010.
C. Design Standards. All day care facilities requiring a conditional use permit shall conform to the following regulations where applicable:
1. The facility shall conform to all property development standards of the zone in which it is located.
2. Large facilities for 13 or more children shall not be located within 300 feet of another large facility.
3. An outdoor play area of no less than 75 square feet per child, but in no case less than 450 square feet in area shall be provided. The outdoor play area shall be located in the rear area. Stationary play equipment shall not be located in required side and front yards.
4. A six-foot-high solid decorative fence or wall shall be constructed on all property lines, except in the front yard. In the front yard of any residential zone, no fence or wall shall exceed 42 inches in height. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site development and adjacent properties. All fences or walls shall provide for safety with controlled points of entry.
5. On-site landscaping shall be consistent with that prevailing in the neighborhood and shall be installed and maintained, pursuant to Chapter 17.56 SBMC (Landscaping Regulations). Landscaping shall be provided to reduce noise impacts on surrounding properties.
6. All on-site parking shall comply with the provisions of Chapter 17.52 SBMC (Parking and Loading Regulations). Large facilities shall provide on-site vehicle turnaround or separate entrance and exit points, and adequate passenger loading spaces.
7. All on-site lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity appropriate to the use it is serving.
8. All on-site signage shall comply with the provisions of Chapter 17.64 SBMC (Comprehensive Sign Ordinance).
9. The facility shall contain a fire sprinkler system, fire extinguisher and smoke detector devices and meet all standards established by the city fire department.
10. A facility within a residential zone may operate up to 14 hours per day.
11. Outdoor activities may only be conducted between the hours of 8:30 a.m. to 8:00 p.m.
12. Any facility shall be state licensed and shall be operated according to all applicable state and local health and safety regulations. (Ord. 185 § 2, 1993)
17.60.150 Recycling facilities.
A. Purpose and Intent. The purpose of these recycling facilities regulations is to make redemption and recycling of reusable materials convenient to the public in order to reduce litter and increase the recycling of reusable materials, while protecting the public health and safety of the community. The intent is to encourage the provision of recycling services by providing a comprehensive and easily understood program of permitting and regulating such uses in commercial and industrial zones and also to provide guidelines and development regulations to ensure that the placement of recycling facilities are consistent with other development requirements of this title.
B. Definitions.
1. “Recyclable material” is reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2 (b)(4) of the California Health and Safety Code. Recyclable material does not include refuse or hazardous waste or hazardous waste materials.
2. A “recycling facility” is a center for the collection and/or processing of recyclable materials. Recycling facilities include “collection facilities” and “processing facilities.”
3. A “certified recycling facility” is a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
4. A “collection facility” is a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public. Such a facility does not use power driven processing equipment, except as indicated in this section. Collection facilities may include “reverse vending machines,” “small collection facilities,” and “large collection facilities,” as defined herein.
5. A “reverse vending machine” is an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirement of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
6. A “bulk reverse vending machine” is a “reverse vending machine” that occupies an area of more 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
7. A “small collection facility” occupies an area of not more than 500 square feet, and may include:
a. A mobile recycling unit;
b. A bulk reverse vending machine or a group of reverse vending machines occupying more than 50 square feet;
c. Kiosk type units, which may include permanent structures;
d. Unattended containers placed for the donation of recyclable materials.
8. A “large collection facility” is a “collection facility” which occupies an area greater than 500 square feet, or is on a separate property not appurtenant to a primary use and may include permanent structures.
9. A “processing facility” is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include “light processing facilities” and “heavy processing facilities” as defined herein.
10. A “certified processing facility” is a processing facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
11. A “light processing facility” is a “processing facility” which occupies an area under 45,000 square feet of gross collection, processing and storage area, and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact or bale ferrous metals other than food and beverage containers.
12. A “heavy processing facility” is any processing facility other than a “light processing facility.”
13. A “mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable material. A mobile recycling unit also means the bins, boxes or container transported by truck, vans, or trailer, and used for the collection of recyclable materials.
C. Conditional Use Permit Required. No person shall place, construct, or operate any recycling facility except in compliance with the regulations set forth in this section. Large collection facilities, light processing facilities, and heavy processing facilities shall require a conditional use permit pursuant to SBMC 17.68.010. Recycling facilities are permitted as set forth in the following table:
|
Type of Facility |
Zones Permitted |
Permit Required |
|---|---|---|
|
Reverse Vending |
C, SC, LC, LI |
None (by Right) |
|
Small Collection |
C, SC, LI |
None (by Right)* |
|
|
LC, ROW |
Planning Director CUP |
|
Large Collection |
C, SC, OP, PI, LI |
Planning Director CUP |
|
|
ROW |
City Council CUP |
|
Light Processing |
SC, LI |
Planning Director CUP |
|
Heavy Processing |
SC, LI |
City Council CUP |
* Planning Director CUP required if facility involves a parking reduction.
D. Regulations. All recycling facilities, including those facilities which are permitted by right, shall meet all of the applicable criteria and standards listed below. Those recycling facilities permitted with a conditional use permit shall meet the applicable criteria and standards; provided, that the planning director or city council may impose more stringent standards upon finding that such modifications are reasonably necessary to implement the general intent of this section and the purpose of this title.
The criteria and standards for recycling facilities are as follows:
1. Reverse Vending Machines.
a. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city of Solana Beach.
b. Shall be located within 30 feet of an entrance to the commercial structure and shall not obstruct pedestrian or vehicular access, or any activity on the site.
c. Shall not occupy required parking spaces.
d. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height.
e. Shall be constructed and maintained with durable waterproof and rustproof material.
f. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and telephone number of the operator or responsible person to call if the machine is inoperative.
g. Shall have a sign area of a maximum of two square feet per machine, exclusive of operating instructions.
h. Premises shall be maintained in a clean, litter free, dust free condition on a daily basis.
i. Operating hours shall be at least the operating hours of the primary use on the site.
j. Shall be illuminated to ensure safe operation if operating hours are between dusk and dawn.
k. No internally illuminated signs or structures shall be permitted; and artificial lighting used to illuminate any sign or structure shall be directed away from adjacent properties.
2. Small Collection Facilities.
a. The facility shall be established in conjunction with an existing commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city of Solana Beach.
b. The facility shall be no larger than 500 square feet, and if located in an open parking lot shall occupy no more than five parking spaces, not including spaces to be used for removal of materials or exchange of containers.
c. The facility shall be set back at least 10 feet from any street line or building and shall not obstruct pedestrian or vehicular circulation.
d. The facility shall accept only glass bottles, metals, plastic containers, papers and reusable items.
e. The facility shall use no power-driven processing equipment except for reverse vending machines.
f. The facility shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of materials, and shall be of a capacity sufficient to accommodate materials collected within the collection schedule.
g. The facility shall store all recyclable material in containers or in mobile unit vehicles and shall not leave materials outside of containers when attendant is not present.
h. Recyclable materials or refuse which has accumulated or is deposited outside of containers or in bins intended as receptacles for recyclable materials, shall be removed on an as-needed basis. The premises of the facility shall be maintained free of litter and any other debris, and shall be swept at the end of each collection day.
i. Attended facilities shall be in operation only during the hours of operation of the primary use; provided, that facilities located within 100 feet of residentially zoned or occupied property shall operate only during the hours between 9:00 a.m. and 7:00 p.m.
j. Containers for 24-hour donation of materials shall be at least 30 feet from any property residentially zoned or occupied unless there is an enclosed area for the donations.
k. Containers shall be clearly marked to identify the type of material which may be deposited, the name and telephone number of the facility operator, the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure or containers.
l. Signs may be provided as follows:
i. Small collection facilities may have identification signs with a maximum 16 square feet, not to exceed the height of the container, in addition to informational signs required by reverse vending machines.
ii. Signs must be consistent with the character of the location.
iii. Directional signs, bearing no advertising message, may be installed in accordance with Chapter 17.64 SBMC (Comprehensive Sign Ordinance), if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
iv. Internally illuminated signs or structures shall not be permitted; and artificial lighting used to illuminate any sign or structure shall be directed away from adjacent properties.
m. The facility shall not eliminate landscaping required by Chapter 17.56 SBMC (Landscaping Regulations) or any permit issued thereto.
n. No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of the primary use.
o. Occupation of parking spaces which results in the total number of spaces being below the minimum number of required spaces for the primary use is not permitted unless all of the following conditions exist:
i. The facility, including parking reduction, if approved through a conditional use permit issued by the planning director;
ii. The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;
iii. A traffic study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site;
iv. The conditional use permit will be reconsidered at the end of 18 months.
A reduction in available parking spaces in an established parking facility may then be allowed by the planning director as follows:
For a primary commercial use:
|
Number of Available Parking Spaces |
Maximum Reduction |
|
0 – 25 |
0 |
|
26 – 35 |
2 |
|
36 – 50 |
3 |
|
51 – 100 |
4 |
|
101+ |
5 |
A maximum five space reduction will be allowed when not in conflict with the parking needs of the host use.
p. If the facility becomes inoperative for a period of 30 days or more, the collection facility shall be removed from the site.
3. Large Collection Facilities.
a. A large collection facility shall be in compliance with all the regulations of the zone in which it is located.
b. A large collection facility shall be screened from the public right-of-way by either operating in an enclosed building or within an area fully enclosed by a solid wall at least six feet in height pursuant to SBMC 17.60.080 (Outdoor Storage, Sales, and Service Yards).
c. All exterior storage of material shall be in sturdy, nonflammable containers or enclosures which are covered, secured, and maintained in good condition. All processed materials shall be baled and palletized. Storage containers for flammable material shall be constructed of nonflammable material. No storage shall be visible above the height of the fencing.
d. Recyclable materials or refuse which has accumulated or is deposited outside of containers, bins or enclosures intended as receptacles for recyclable materials shall be removed on an as-needed basis. The premises of the facility shall be maintained free of litter and other debris, and shall be swept at the end of each collection day.
e. The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
f. Space shall be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials.
g. One parking space shall be provided for each commercial vehicle operated by the large collection facility. Parking requirements for employees shall as required for outdoor storage and service yards (see Chapter 17.52 SBMC, Parking and Loading Regulations).
h. If the facility is located within 500 feet of residential property it shall not be in operation between 7:00 p.m. and 7:00 a.m.
i. Any containers provided for after hours donations of recyclable materials shall be at least 50 feet from any residentially zoned property, shall be of sturdy, durable waterproof and rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of materials.
j. Donation areas shall be kept free of litter and any other debris and the containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers.
k. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operations. All other signage shall comply with Chapter 17.64 SBMC (Comprehensive Sign Ordinance).
l. Power-driven processors, including those used for aluminum foil and can compacting, baling, plastic shredding, or other light processing activities may be approved at the discretion of the planning director if noise conditions are met.
4. Processing Facilities.
a. A processing facility shall be in compliance with all the regulations of the zone in which it is located.
b. All processors shall operate in a fully enclosed building except for incidental storage, or within an area enclosed by a solid wall at least six feet in height pursuant to SBMC 17.60.080 (Outdoor Storage, Sales, and Service Yards) where such outdoor area is located at least 150 feet from property zoned for residential use.
c. Power-driven processing shall be permitted; provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, compacting, grinding, shredding and sorting of source separated recyclable materials and repairing of reusable materials.
d. A light processing facility shall be no more than 45,000 square feet of lot area and shall have no more than two outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.
e. All exterior storage of material shall be in sturdy, nonflammable containers or enclosures which are covered, secured, and maintained in good condition. All processed materials shall be baled and palletized. No storage shall be visible above the height of the fence.
f. The processing facility site shall be maintained free of litter and any other debris and shall be cleaned on a daily basis and shall be secure from unauthorized entry and removal of materials when attendants are not present.
g. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable material. If the facility is open to the public, a minimum of 10 customer parking spaces will be provided.
h. One parking space shall be provided for each commercial vehicle operated by the processing facility. Parking requirements for employees shall as required for outdoor storage and service yards (see Chapter 17.52 SBMC, Parking and Loading Regulations).
i. If the facility is located within 500 feet of residential property, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility shall be administered by on-site personnel during hours the facility is open.
j. Any containers provided for after hours donation of recyclable materials shall be at least 50 feet from any residentially zoned or occupied property, shall be of sturdy, rustproof and waterproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry and removal of materials.
k. Donation areas shall be kept free of litter and any other debris. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no materials shall be left outside the recycling containers.
l. The facility shall be clearly marked with the name and telephone number of the facility operator and the hours of operation. All other signage shall comply with Chapter 17.64 SBMC (Comprehensive Sign Ordinance).
m. Air contaminants including, but not limited to, smoke, charred paper, paper, dust, grime, carbon, noxious acids, fumes, gases, odors, or particulate matter, which endanger human health, or result in damage to vegetation or property, cause objectionable changes in temperature or cause soiling on neighboring properties shall not be permitted.
n. All processing facilities shall meet municipal code standards for noise and vibration. (Ord. 185 § 2, 1993)
17.60.160 Historic/cultural landmark designations.
A. Purpose and Intent. The purpose of these provisions is to establish a procedure for the designation of historic, cultural, archaeological, or architectural landmarks herein after referred to as historic/cultural landmarks.
B. Initiation. The city council may initiate the procedure to designate a historic/cultural landmark as follows:
1. On its own motion.
2. On the request of any city officer or body.
3. On the application of any person filed with the planning director.
C. Application Requirements. All requests and applications for designating historic/cultural landmarks shall be filed with the department of community development on a form prescribed by the planning director and accompanied by evidence as to the historic, cultural, or architectural or archaeological values of the building, structure or site that merit its designation as a historic/cultural landmark. An application fee in an amount established by city council resolution shall be paid at the time of submission of the application.
D. Review of Application. The planning director shall review each application and submit it to the city council with a report and recommendation.
E. City Council Action. The city council shall have jurisdiction over the designation of historic/cultural landmarks. If the city council finds that the building, structure, site, or collection of buildings or sites has historic, cultural, archaeological or architectural values significant in the history of the city, the city council may initiate the hearings to designate such building, structure, or site as a historic/cultural landmark. Designation of historic/ cultural landmarks may include sites listed on the National Register of Historic Sites or sites listed as California Registered Landmarks; however, the city may designate sites which are not listed on federal or state registers.
F. Action Following Initiation of Hearings. Following the initiation of the public hearings to designate a historic/cultural landmark, the planning director shall schedule and notice the required public hearing before the city council to reclassify the subject property to apply a historic/cultural landmark designator which will subject the property to the regulations of this section.
G. Development Review Permit Required. No building or grading permit shall be issued for the construction or alteration of any building or structure, or site (nor shall any person construct or alter a building, structure, or site) which has a historic/cultural landmark designator applied to the building, structure, or site until a development review permit has been submitted and approved in accordance with SBMC 17.68.040 (Development Review Permits) and the criteria and procedures established by this section. A development review permit is not required for alterations to the interior of a structure which the planning director finds do not degrade or detract from the historic, cultural, archaeological or architectural resource values which qualify the structure as a designated historic/cultural landmark.
H. Submittal Requirements. In addition to the submittal requirements set forth in SBMC 17.68.040, applications for development review permits involving a designated historic/ cultural landmark shall include a site plan containing such textural description and plans, sketches, and drawings as are necessary to show:
1. The existing or proposed use and design of the premises, building, or structure;
2. The historic, cultural, archaeological or architectural resource value or significance of a building or structure based upon research of historic archives, photographs and other documents; and
3. The relationship of the proposed use, building or structure to the historic, cultural, archaeological or architectural resources of the designated historic/cultural landmark.
I. Development Review Criteria. The general criterion of the development review is that the proposed construction, alteration, demolition, or relocation of any building, structure, or site shall enhance, to the maximum extent feasible, and not interfere with, detract from or degrade the historic, cultural, architectural or archaeological resource values of the designated historic/cultural landmark. In applying this general criterion, the following specific criteria shall be evaluated when they are applicable:
1. Compatibility of Use. The use proposed for a building, structure, or site without structure shall be compatible with the uses predominating in the designated area.
2. Compatibility of Design. All development, demolitions, relocations, conversions, or other alterations occurring on designated historic/ cultural landmark properties shall be in keeping with the architectural style and scale characterizing the period of history in which the structure was built, and shall be in keeping with the landscaping and architectural features which caused the property to be so designated as a historic/cultural landmark. Restoration efforts shall be in keeping with details, materials, textures, colors, and landscape features common to the period of history when the designated landmark was constructed. Where necessary, alternative building regulations shall be applied pursuant to Part 2 of Title 24 of the California Administrative Code, entitled “The Historic Building Code.”
J. Demolition or Relocation of Designated Historic/Cultural Landmarks.
1. No person shall demolish, destroy, or move all or any part of a designated historic/cultural landmark, nor shall any permit be issued for such demolition, moving or earth movement, unless a conditional use permit has been approved by the city council in accordance with SBMC 17.68.010. Violators will be prosecuted and punished to the maximum extent permitted by law, which includes complete restoration of the damaged site (see SBMC 17.72.120, Enforcement and Penalties, subsection C, Violators Punishable by Fine and Imprisonment).
2. A conditional use permit for demolition or moving of a designated historic/cultural landmark shall not be approved unless the city council finds that one or more of the following conditions exist:
a. A structure is a hazard to the public health or safety, and repairs or stabilization are not physically possible.
b. The site is required for a public use which will be of more benefit to the public than the historic/cultural landmark and there is no alternative location for the public use.
c. Retention of such landmark or structure thereon would cause undue financial hardship to the owner. “Undue financial hardship” shall be defined as a situation in which there is no use for which the premises can reasonably be used which would provide an overall economic benefit or income sufficient to maintain the site or structure. An application for demolition or moving of a designated historic/cultural landmark on grounds of financial hardship shall include information adequate to justify such hardship.
3. A conditional use permit for demolition of a designated historic/cultural landmark shall not be approved unless the structure or object cannot be moved or relocated.
4. A conditional use permit for the relocation of a designated historic/cultural landmark shall not be approved unless the relocation will not destroy the historical, cultural, archaeological or architectural values of the historic/cultural landmark, and the relocation is part of a definitive series of actions which will assure the preservation of the historic/cultural landmark. (Ord. 185 § 2, 1993)
17.60.170 Live/work use.
A. Purpose and Intent. The purpose of this section is to make new and existing light industrial and commercial buildings available as joint living and working quarters for individuals and families engaged in the arts and crafts, small scale custom manufacturing, special commercial retail, and similar creative endeavors; increase the supply of low-income housing in the form of live/work units; and encourage the preservation of existing buildings which are structurally sound and aesthetically worthy, while protecting the primary uses within each zoning district. The cultural and economic life of the city is enhanced by the residence of persons regularly engaged in the creation and commodity of arts and crafts. It is the intent of these regulations to:
1. Allow the adaptive reuse of existing buildings for live/work use.
2. Allow for the construction of new buildings specifically designed for live/work use.
3. Ensure that the live/work space is complimentary to the commercial, industrial, and/or residential uses permitted in each zone.
4. Ensure that the commercial and industrial component of live/work remains the primary focus of the use.
5. Ensure that the residential component of live/work is incidental to the commercial and industrial use components.
B. Definitions. “Live/work” is defined as an occupancy by an individual or a family maintaining a common household consisting of one or more rooms or floors in a building originally designed for industrial or commercial occupancy, or in a new building specifically designed for live/work use and includes the following:
1. Cooking and sanitary facilities in accordance with applicable standards as adopted by the city of Solana Beach; and
2. Adequate working space reserved for that sole purpose and used by one or more persons residing therein.
C. Conditional Use Permit Required. Live/work buildings and units shall be permitted in the general commercial (C) and special commercial (SC) zones only, subject to a conditional use permit issued by the director of community development pursuant to SBMC 17.68.010 (Conditional Use Permits).
D. Regulations. All live/work building and units shall comply with the following regulations; provided, that the director of community development or city council may modify any requirement, up to what would normally be required, if necessary to protect the public health, safety, and welfare. Additional conditions may be imposed by the department of building and safety and the fire department:
1. The minimum total square footage of an individual live/work unit shall be 500 square feet.
2. New live/work buildings (excluding conversions) shall provide a minimum of four units.
3. Any commercial zone in which a live/work use is located shall remain a commercial zone and the occupant of the live/work use by selecting this type of occupancy accepts the conditions found in the area including, but not limited to, noise, pollution, fumes, dirt, traffic and odors to the extent that they are permitted by law in the zone. The director of community development or city council may include conditions to this effect which would be recorded as part of the conditional use permit.
4. The living space shall not be rented or sold separately from the working space.
5. Vehicular parking and loading spaces shall be established by the conditional use permit based on the proposed uses and by review of a parking/loading report prepared by the applicant.
6. All building, fire, electrical, mechanical and other applicable codes shall be adhered to including the American Disabilities Act unless specifically exempted by said codes. City staff shall exercise discretion in interpreting such codes to encourage live/work projects, but shall not compromise public health, safety and welfare standards. (Ord. 185 § 2, 1993)
17.60.180 Emergency shelters.
A. Purpose and Intent. This section establishes standards for the development and operation of emergency shelters in the general commercial zone. In compliance with SB 2, effective January 1, 2008, emergency shelters shall be allowed as a permitted use without the need for a conditional use permit and are exempt from CEQA (California Environmental Quality Act).
B. Emergency Shelter Regulations. Emergency shelters shall be subject to the following regulations:
1. Eligible Locations. A new facility shall be a permitted use in the general commercial (C) zone only, and may be located in the public/institutional zone with a director’s use permit.
2. Separation Between Emergency Shelters. A new emergency shelter shall not be closer than 300 feet to another emergency shelter as measured between property lines.
3. Lighting. Adequate external lighting shall be provided for security purposes to ensure fully lit parking, gathering and waiting areas. Lighting shall be contained on site per SBMC 17.60.060, Exterior lighting regulations.
4. Building Design Standards.
a. Number of Beds. An emergency shelter shall contain a maximum of one bed per 150 square feet of sleeping area not to exceed 20 beds and shall serve no more than 20 persons.
b. Client Waiting Areas. Emergency shelters shall have an interior, enclosed client waiting and intake area large enough to accommodate the number of persons equal to 25 percent of the number of beds. The area shall be based on space required for seated persons. Any exterior overflow waiting area shall be fenced, screened, gated, and covered and shall not obstruct sidewalks or driveways.
c. Client Gathering Areas. Emergency shelters shall have an interior multipurpose area separate from the sleeping area. The multipurpose area shall be provided with space equal to at least 10 square feet per bed, but not be less than 150 square feet. The exterior multipurpose area shall have a gathering area equal to at least 25 square feet per bed and shall be fenced, screened, and landscaped.
5. Facility Operating Standards.
a. On-Site Management. The facility shall maintain a management plan. The management plan must document that management and staffing is sufficient for adequate control of the facility. The management plan shall include descriptions of:
i. On-site management.
ii. Staffing levels and qualifications.
iii. Client services offered and case management.
iv. Behavior guidelines including no drug or alcohol use.
v. Facility maintenance.
vi. Emergency plan.
vii. Security plan.
b. Vehicle Parking. The number of off-street parking spaces shall be calculated based on the square footage of office space at the facility plus one parking space per 10 beds. The square footage of office space shall be used to determine the number of spaces per the standards specified in Chapter 17.52 SBMC (Parking and Loading Regulations).
c. Length of Stay. Temporary shelter shall be available to residents for a maximum of six months.
d. Hours of Operation. The emergency shelter shall only accept clients between the hours of 7:00 a.m. and 8:00 p.m. (Ord. 445 § 12, 2014)
17.60.190 Prohibited marijuana activities.
A. Legislative Findings and Statement of Purpose.
1. The city council finds that prohibitions on commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries are necessary for the preservation and protection of the public health, safety, and welfare for the city and its community and is consistent with federal law that makes the manufacture, possession or use of marijuana to be a crime. The city council’s prohibition of such activities is within the authority conferred upon the city council by federal and state law.
2. On October 9, 2015, the Governor signed the “Medical Marijuana Regulation and Safety Act” (the “MMRS Act”) into law. The MMRS Act becomes effective January 1, 2016, and contains new statutory provisions that allow local agencies to regulate or ban the cultivation, storage, manufacture, transport, delivery, provision, or other related activities pertaining to medical marijuana.
3. The city council finds that the state is not authorized to issue a license for the cultivation of medical marijuana within the city because Health and Safety Code Section 11362.777(b)(3) provides that the Department of Food and Agriculture may not issue a state license to cultivate medical marijuana within a city that prohibits cultivation.
4. The city council further finds that state licensed dispensaries shall not deliver medical marijuana within the city because Business and Professions Code Section 19340(a) expressly prohibits the delivery of marijuana in a local jurisdiction that has explicitly prohibited the delivery by ordinance.
5. On November 8, 2016, the state voters approved the Adult Use of Marijuana Act, also identified as Proposition 64 (“Prop 64”). Prop 64 legalized adult non-medical use of marijuana and established a state licensing scheme for non-medical marijuana facilities largely patterned on the MMRS Act, and generally: (1) allows adults 21 years and older to possess up to one ounce of marijuana and cultivate up to six plants for personal use; (2) regulates and taxes the production, manufacture, and sale of marijuana for adult use; (3) allows local regulation and taxation of marijuana; (4) prohibits smoking marijuana in places where smoking tobacco is prohibited; and (5) rewrites criminal penalties so as to reduce the most common marijuana felonies to misdemeanors and allow prior offenders to petition for reduced charges. Prop 64, similar to the MMRS Act, allows cities and counties to prohibit the establishment of non-medical facilities and licenses that are provided under Prop 64, providing for minimal personal use exceptions.
6. The city council finds that the state is not authorized to issue licenses for commercial marijuana activities within the city because Business and Professions Code Section 26055(e) provides that the state may not issue a state license for any commercial marijuana activities within a city that prohibits such activities.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. “Commercial marijuana activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery, or sale of marijuana and marijuana products.
2. “Delivery” means the commercial transfer of marijuana or marijuana products to a customer, qualified patient or primary caregiver. “Delivery” also includes the use by a marijuana dispensary or retailer of any technology platform owned and controlled by a marijuana dispensary or retailer that enables customers, qualified patients, or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary or retailer of marijuana or marijuana products.
3. “Marijuana” means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
4. “Marijuana cultivation” means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
5. “Marijuana processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
6. “Marijuana dispensary” or “marijuana dispensaries” means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California, or for the purposes set forth in California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
7. “Medical marijuana collective” or “cooperative or collective” means any group that is collectively or cooperatively cultivating and distributing marijuana for medical purposes that is organized in the manner set forth in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996) or California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act).
C. Prohibited Activities. Commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, and marijuana dispensaries shall be prohibited activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity. No use permit, variance, building permit, or any other entitlement, license, or permit, whether administrative or discretionary, shall be approved or issued for commercial marijuana activities, marijuana cultivation, marijuana processing, marijuana delivery, or the establishment or operation of a marijuana dispensary or medical marijuana collective in the city, and no person shall otherwise establish or conduct such activities in the city, except where the city is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
D. Public Nuisance. Any violation of this chapter is hereby declared to be a public nuisance.
E. Violations. To the extent not preempted by state law, any person or business that violates any provision of this section shall be subject to the enforcement provisions of Chapters 1.16 and 1.18 SBMC. (Ord. 478 § 2, 2017; Ord. 468 § 2, 2016)