Chapter 11.40 SPECIFIC USE STANDARDS

The provisions of this chapter establish operational and design standards applicable to specific permitted uses within the city. These provisions further regulate the establishment and operation of land uses to ensure safety and compatibility throughout South Gate.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.020 Applicability.

The standards of this chapter shall apply to the specific land uses or features addressed, as permitted, in any zone. Specific use standards of this chapter are required in addition to the permit requirements and standards of the applicable zone.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.030 Automotive sales/services/repair/storage.

The land uses listed under “auto sales/repair uses” in any allowed land use table of this title shall be subject to the following operational and development standards.

A. Surfacing. Any area used for vehicle sales or similar use shall be surfaced and maintained with cement concrete or asphaltic concrete, a minimum of three inches in thickness, to eliminate dust or mud, and shall be so graded and drained to dispose of all surface water. Drainage shall be taken to the curb or gutter and away from buildings and adjoining property.

B. Screening. A screening wall or fence is required in the following locations:

1. Residential-Adjacent Uses. Where auto sales/repair uses or a similar use is adjacent to an NL or NM zoned property, a minimum six-foot-high solid masonry wall shall be installed along the NL/NM zone adjacent property line, and a maximum of eight-foot wall is permitted. Within the required front setback of the residential property, the wall shall be reduced consistent with the property line site wall standards of the applicable zone; see Table 11.24-1, RC Development Standards, or the development standards table for each zone.

2. Non-Residential-Adjacent. A six-foot-tall solid masonry wall shall be installed along the property line adjacent to any other use. A minimum six-inch-high suitable concrete curb shall be securely installed and maintained a minimum of three feet from the wall where the area is used for parking or maintenance.

C. Lighting. Any lights provided to illuminate any vehicle sales area, trailer sales area, boat sales area, or similar use permitted by this title shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located.

D. Repair and Testing. Repairing, testing, or rebuilding of any vehicle shall be restricted to between the hours of seven a.m. and ten p.m., and shall not exceed the ambient noise level by more than five decibels.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.040 Awnings and canopies.

The standards of this section, along with the development and design standards provided in Chapter 11.23, apply to all awnings and canopies (“awnings”) used in conjunction with any land use in any zone.

A. All awnings shall accentuate the character-defining features of a building, as follows:

1. Should be mounted to highlight architectural features, such as moldings, that may be found above the storefront.

2. Shall match the shape of the opening that they are shading.

3. Shall not conflict with the building’s proportions or with the shape of the openings.

4. Should not be of an odd shape; bubble/dome awnings are prohibited except where the shape of an opening requires a bubble/dome awning, or a historic precedent shows they were previously used on the building.

5. May be constructed of metal, wood, or fabric, subject to the approval of the director.

B. Lights that illuminate the pedestrian way beneath the awning shall be reviewed by the director to determine if they are appropriate for their context.

1. Lights may illuminate the storefront.

2. Internally illuminated awnings that glow are prohibited.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.050 Child day care facilities.

This section establishes the standards for city review of child day care facilities, in conformance with state law and Section 1596.78 of the California Health and Safety Code, including the limitations on the city’s authority to regulate these facilities.

These standards apply in addition to all other applicable provisions of this title and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the California Department of Social Services is required for all child day care facilities. Evidence of the license shall be presented to the planning division prior to establishing any child day care facility.

A. Small Family Home Day Care. Small family home day care facilities are permitted residential uses, in all zones in which residential uses are permitted, as allowed by Section 1597.44 et seq. of the California Health and Safety Code.

B. Large Family Home Day Care. Large family home day care facilities, as allowed by Section 1597.465 et seq. of the California Health and Safety Code, shall be permitted by administrative permit, in all zones in which residential uses are permitted, subject to compliance with the following procedures and restrictions:

1. The large family home day care shall not be located within three hundred feet of any other existing or approved large family home day care, small family home day care, group home, or halfway house, measured property line to property line.

2. Off-street parking shall be provided at one space for each nonresident employee, in addition to the parking spaces required for the primary use, pursuant to Chapter 11.33, Parking Standards. Parking requirements may be fulfilled through tandem parking in the driveway.

3. The loading/unloading of vehicle occupants shall only occur on the driveway, a parking area approved by the director, or the area directly in front of the residence, and shall not unduly restrict traffic flows or result in pedestrian hazards.

4. No swimming pool/spa shall be installed on the site after establishment of the family day care facility, due to human safety considerations. Any pool/spa existing on the site prior to application for approval of a family day care facility shall be removed prior to establishment of the use, unless the director determines that adequate, secure separation exists between the pool/spa and the facilities used by children.

5. The facility shall not exceed the city’s noise limits for residential uses, as established by Chapter 11.34, Noise Control Program.

C. Day Care Centers. The following standards shall apply to day care centers:

1. Outdoor play space shall be provided at a minimum of seventy-five square feet per child, and the space shall not be located within twelve feet of a main structure on an adjacent lot.

2. Fencing around the play space shall be required to a height of five feet to limit entry and provide safety.

3. Outdoor lighting for play or instruction space shall be provided consistent with the standards of Section 11.30.050(F), Building Lighting.

4. Parking and loading facilities shall be provided for on-site vehicular pick-up and drop-off, in addition to the parking spaces required pursuant to Chapter 11.33, Parking Standards.

5. The facility shall not exceed city noise limits for the applicable zone, as established by Chapter 11.34, Noise Control Program.

D. Day Care Appeals. An action regarding an administrative permit for a large family day care home may be appealed by the following:

1. The applicant;

2. A person owning or leasing real property within one hundred feet of the subject property; or

3. The State Department of Health Services by filing a written appeal with the director within ten working days of the action.

Upon the filing of an appeal, no action to exercise the permit may be taken until a final decision is made, subject to the decision authority found in Table 11.51-1, Application and Review Authority. The appeal process shall be consistent with Section 11.50.040, Appeals.

E. Revocations. An administrative permit for a large family day care home may be revoked by the director, consistent with the decision authority of Table 11.51-1, Application and Review Authority.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.060 Community assembly.

This section establishes the standards for all forms of community assembly land uses. These standards apply in addition to all other applicable provisions of this title and the applicable land use permissions of the zone. These standards apply to all portions of the facility, including educational, residential, secular, and nonsecular land uses included in the building or associated with the property.

A. Lot Coverage. Lot coverage or floor-to-area ratio of the applicable zone shall not apply to community assembly land uses.

B. Development Standards. The following development standards modify the development standards of the applicable zone for community assembly land uses. Where Table 11.40-1, Community Assembly Development Standards, does not specify, the development standard of the applicable zone shall govern.

Table 11.40-1 Community Assembly Development Standards
Development Standards	Standard Lot Configuration
Lot Area
Minimum Square Footage (sq. ft.)	15,000 sq. ft.
Maximum Lot Coverage	None, lot coverage and floor-to-area ratio of the applicable zone shall not apply
Height
Building Maximum	Consistent with applicable zone
Architectural Features	15 ft. greater than the maximum building height of the applicable zone, inclusive of secular and nonsecular icons, roof features, and other architectural elements
Required Building Setbacks
Street Property Line (PL)	15 ft.; parking prohibited in required setback area
Interior/Rear PL	Consistent with applicable zone; parking permitted in setback area
NL/NM Zone Adjacent PL	Nonresidential building(s): 20 ft. Residential building: consistent with applicable zone
Parking
Minimum Required	1 space per 3 fixed seats; or 1 space per 150 sq. ft. assembly area
Site Walls
Residential Adjacent PL	5-ft. solid masonry wall required along PL; wall prohibited in required setback area

NL = neighborhood low; NM = neighborhood medium.

C. Required Access. The site shall be accessible from a minimum of one public street with a minimum roadway cross-section of thirty-six feet, composed of two parking lanes and two traffic lanes.

D. Administrative Plan Review Required. All community assembly uses shall submit an administrative plan review as part of the permit application. The administrative plan review shall include a detailed site plan, all setbacks, building separations, location of signage, street/parking layout, landscaping, and building elevations.

E. Signage. Permitted signage is established in Table 11.40-2, Permitted Community Assembly Land Use Signage.

Table 11.40-2 Permitted Community Assembly Land Use Signage
Sign Type	Number Permitted	Maximum Square Footage (sq. ft.)	Permitted Location and Height
Identity Sign, Attached	1, maximum 1 face used	20 sq. ft.	Outside wall of the main building
Identity Sign, Detached	1, both faces used	20 sq. ft.	Ground-mounted, max. 6 ft. in height

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.070 Historic resources.

Any building or structure that is deemed eligible by the city or California; is officially listed on a local register, the California Register of Historical Resources, or the National Register of Historic Places; or is an official contributing resource within a designated historic district may, for historic preservation and adoptive reuse purposes, be permitted any land use (to be contained within the historic building/structure) subject to the prior review and approval of a CUP by the planning commission, if it is determined that the land use will do the following:

A. Be compatible with and not adversely impact the surrounding land uses.

B. Be a good adaptive reuse of the building for economic development purposes.

C. Not adversely impact the historical features of the interior or exterior of the building, nor adversely affect the historic setting of the building on the property based on the recommendations of the Historic Resources Commission.

D. Comply with all applicable Secretary of the Interior’s standards for historic preservation.

E. Not result in the building/structure being potentially at risk for removal from any local or state register or the National Register of Historic Places, or eliminate its eligibility to be listed in such registers, in the opinion of the Historic Resources Commission.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.080 Hotels.

A. Permit Requirements. A CUP is required for any hotel land use. The CUP shall include a discretionary plan review showing all exterior improvements and sufficient architectural plans to delineate all interior improvements for the facility.

B. Included Uses. A hotel land use may include associated office, service, eating, liquor sales, and entertainment activities within the hotel parcel.

C. Landscaping. A minimum of ten percent of the developed area of the site shall be landscaped consistent with the Department of Water Resources model water efficient landscape ordinance standards, adopted by reference by this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.090 Live/work units.

Live/work units, as permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following:

A. Live/work units shall have direct interior access between living and work spaces.

B. Work space shall be limited to the first/ground floor, and shall have a direct pedestrian entrance to the work space separate from the residential entrance.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.100 Cyber cafés.

The city has a moratorium on cyber café establishments as a primary standalone use. The use is permitted as an ancillary use when in conjunction of another primary use such as a reproduction or computer business.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.110 Gold, semiprecious, precious metal buying stores.

Gold, semiprecious, precious metal buying stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:

A. Applicant shall obtain zoning approval including any discretionary permit approval, including approval of hours of operation.

B. Items shall be required to be held for a period of ten working days before selling, shipping, melting or changing/modifying.

C. No licensee may receive any goods unless the seller presents valid identification in the form of the following:

1. A valid driver’s license, a valid identification card, or current valid photo identification card issued by the state of residency of the person from whom the item was received;

2. A passport of the United States;

3. A driver’s license by any state or Canada;

4. An identification card issued by any state;

5. An identification card issued by the United States;

6. A passport from any other country, in addition to any item of identification bearing an address;

7. Matrícula consular de alta seguridad (MCAS) (consular identification card), in addition to any of the above.

D. No transaction with minors (eighteen years or younger) shall be permitted unless accompanied by a parent or guardian.

E. Business owner/applicant must submit an application to the police department for a criminal background check, including all employees prior to approval of use or commencing operation.

F. Each transaction shall be electronically sent to the police department within twenty-four hours of the transaction occurring, including a photograph of each item so that the item(s) can be posted on the police department’s website.

G. Merchant shall retain all records detailing all transactions for one year.

H. Security video shall be installed and operable on site and videos shall be retained for a period of ninety days.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.120 Pawn shop/used retail sales.

Pawn shop/used retail sales stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:

A. For all transactions, the owner shall document a complete and accurate description of each item including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item including the purchase price, amount of money loaned upon, or pledged therefor.

B. The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.

C. The signature of the person identified in the transaction.

D. Security video shall be installed and operable on site and videos shall be retained for a period of ninety days.

E. Each transaction shall be electronically sent to the police department within twenty-four hours of the transaction occurring, including a photograph of each item so that the item(s) can be posted on the police department’s website.

F. Merchant shall retain all records detailing all transactions for one year.

G. Business owner shall provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three years.

H. No transaction with minors (eighteen years or younger) shall be permitted unless accompanied by a parent or guardian.

I. No licensee may receive any goods from a person of unsound mind or an intoxicated person.

J. No licensee may receive any goods, unless the seller presents valid identification in the form of the following:

1. A valid driver’s license, a valid identification card, or current valid photo identification card issued by the state of residency of the person from whom the item was received;

2. A passport of the United States;

3. A driver’s license by any state or Canada;

4. An identification card issued by any state;

5. An identification card issued by the United States;

6. A passport from any other country, in addition to any item of identification bearing an address;

7. Matrícula consular de alta seguridad (MCAS) (consular identification card), in addition to any of the above.

K. No licensee may receive any item of property that possesses an altered or obliterated serial number or operation identification number or any item of property that has had its serial number removed.

L. No person may pawn, pledge, sell, consign, leave, or deposit any article of property not their own whether with permission or without.

M. No person may pawn, pledge, sell, consign, leave, or deposit any article of property with a false or fictitious name, nor give a false date of birth, out of date address of residence or telephone number; nor present a false or altered identification, or the identification of another.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.130 E-cigarettes/vapor/smoke shops/hookah.

E-cigarettes/vapor/smoke shops/hookah stores, as defined in this title and permitted by the applicable zone, shall be consistent with all regulations and development standards of the zone, in addition to the following standards:

A. Sales to minors (eighteen years or younger) shall be prohibited and minors are not permitted within any area of the business where the smoking or tobacco or other substances is allowed.

B. Photograph identification shall be required when necessary to verify age of consumer.

C. Any e-cigarettes/vapor/smoke shops/hookah shall be located a minimum one-thousand-foot radius from any other similar e-cigarette/vapor/smoke/hookah shop use.

D. E-cigarettes/vapor/smoke shops/hookah land uses shall not be located within a one-thousand-five-hundred-foot radius of a public or private school, park, playground, church or place of worship, or any sensitive users.

E. E-cigarettes/vapor/smoke shops/hookah shall be located in an established regional shopping center of two acres or more.

F. All business activities shall be conducted completely within the building. Outdoor barbecues, braziers and lighting coals are prohibited.

G. No admittance fee, cover charge or minimum payment, as a condition of entry, is allowed.

H. Sale and consumption of alcoholic beverages shall be subject to a CUP.

I. Live entertainment, including but not limited to singers, DJs, dancers, or comedians or amusement devices, shall be subject to a CUP.

J. Uniformed security guard(s) shall be provided as deemed necessary by the chief of police or designee.

K. Window coverings shall not prevent visibility of the interior of the tenant space from the exterior of the premises during operating hours. All proposed window tint shall be approved in advance by the community development department.

L. Adequate ventilation shall be provided for the heating of coals in accordance with all requirements of the Los Angeles County fire department, or other required state or federal laws.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.140 Massage establishments.

All massage establishments shall be subject to the requirements of this section. The term “massage establishment” is defined by Chapter 11.60, Definitions.

A. Applicability. The provisions of this section are applicable to any and all massage establishments, which include the following:

1. The opening or commencement of any massage establishment.

2. The conversion of any other existing business to a massage establishment, as defined herein.

3. The addition of a massage establishment to any other existing business.

4. The relocation of any existing massage establishment.

B. Massage Establishment License Required. The operator of the business shall obtain a massage establishment license pursuant to the provisions of Title 2 of this code, and its staff members who administer massages shall obtain a massage technician permit. Any individual employee or service provider who is an independent contractor or for which the operator of the business collects a fee or receives compensation for permitting the use of the premises shall also obtain a city business license.

C. Locational Requirements. A minimum separation of a three-hundred-foot radius is required between any massage establishment and any of the following land uses. The radius shall be measured from all property lines or lease lines of the massage establishment and the following:

1. Adult-oriented business;

2. Other massage establishment;

3. Existing educational institution used by minors;

4. Park;

5. Playground;

6. Church/place of worship;

7. Noncommercial establishment operated by bona fide religious organizations (hereinafter referred to as “sensitive use”).

D. Prior Legality. Any legally established massage establishment shall not be deemed in violation of subsection (C) of this section, Locational Requirements, due to the subsequent establishment of any listed sensitive use within the required three-hundred-foot separation.

E. Nonconforming Uses. Any existing massage establishment shall be subject to the nonconforming triggers and provisions of Chapter 11.55, Nonconforming Uses and Buildings, if made to be in violation of this title by the adoption or amendment of this title.

F. Prevailing Regulations. If any city ordinance or any part thereof is found in conflict with the provisions of this section, the provisions of this section shall apply.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.150 Motels.

All motels shall be subject to the requirements of this section.

A. Permit Required. All motel land uses shall be subject to the permit requirements of the applicable zone. Where permitted, a motel shall require a CUP.

B. Development Standards. The development standards of Table 11.40-3, Motel Development Standards, and this section shall be required of all motel land uses.

Table 11.40-3 Motel Development Standards
	RC Zone
Lot Area
Minimum	15,000 square feet
Lot Coverage
Maximum	0.50%
Required Landscaping
Minimum	10% of site; 4% of requirement shall be within the parking area
Unit Size
Minimum Guest Unit	300 square feet
Minimum Manager Unit (1)	650 square feet

Note:

1. Maximum of one manager’s unit; may include a kitchen facility.

C. Transient Motel Conditions of Approval. In addition to all standards of subsection (B) of this section, the following conditions of approval shall apply to all CUPs for transient motel land uses:

1. All units on the site shall be serviced by common utility meters, not individual utility meters.

2. Signage shall be posted, limited to one sign, notifying prospective guests of the thirty-day occupancy limit, and that units shall not be offered for rent by the month.

3. A register shall be maintained, as required by Chapter 7.60.

4. Occupancy of all guest rooms shall be limited to a maximum of thirty days.

D. Residential Motel Conditions of Approval. In addition to all standards of subsection (B) of this section, the following conditions of approval shall apply to all CUPs for all residential motel land uses:

1. All units shall provide a kitchen sink; utility services to attach cooking appliances and refrigeration; a separate closet; and a separate bathroom containing a sink, toilet, and bathtub or shower.

2. If converted, all units shall be converted into residential motel units.

3. Separate mailbox facilities may be provided for individual units.

4. A maximum of one sign advertising the units for rent may be permitted, subject to the following standards:

i. Maximum sign area: twelve square feet.

ii. Minimum height clearance: eight feet.

iii. Subject to city review and shall comply with all signage standards.

5. Tenant occupancy for a period in excess of thirty days shall require the use of a written contract.

6. A prohibition on occupancy, by written tenancy contract, of all units for a period of less than thirty days.

7. Application for a CUP for a residential motel shall include the following:

i. A copy of the written contract of tenancy requiring occupancy for a period in excess of thirty days.

ii. A standards inspection report, completed by the building and safety department, prior to any action taken on the CUP.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.160 Outdoor dining/seating.

The standards of this section shall apply to all outdoor dining and seating provided in conjunction with any land use in any zone. Outdoor dining/seating shall be located, developed, and operated in compliance with Section 11.23.070(E), Outdoor Dining; this section; and the following standards.

A. Zone Requirements. Outdoor dining/seating may be permitted in conjunction with any land use subject to the permit requirements of the applicable zone.

B. Location Requirements. Outdoor dining areas shall be located directly adjacent to the associated land use.

1. When located adjacent to a residential use, provisions shall be made to minimize noise, light, and odor impacts on the adjacent residential use. This may include a sound-buffering acoustic wall and/or separation by a physical barrier to define the limits of the outdoor dining space. Design and adequacy of these features shall be subject to director approval, in conjunction with the required permit.

C. Operating Requirements.

1. All outdoor dining/seating areas shall maintain a minimum depth of five feet if screened, marked, or enclosed by a wall, fence, or planting.

2. A wall, fence, or planting feature to mark or screen the outdoor dining/seating area is permitted but not required. Where used, the maximum height of the wall/fence/planting feature shall not exceed forty-two inches, except when located adjacent to a residential use, the wall may be permitted up to seven feet if it is a transparent or clear material.

3. Cooking within an outdoor dining area may be permitted with a CUP.

4. The hours of operation shall be limited to the hours of operation of the associated land use.

5. Illumination shall be installed to prevent glare onto, or direct illumination of, any adjacent residential property or use.

6. All outdoor dining areas shall include a landscape component, which may be in the form of planter boxes, plants used as dividing fencing, and/or permanent vegetation.

7. Outdoor dining areas serving alcoholic beverages shall meet, and be in compliance with, the requirements of Chapter 11.42, Alcoholic Beverage Sales, and the state’s Alcohol Beverage Control Board.

8. Reasonable volumes of amplified sound or background music is not prohibited within the outdoor dining area provided there is no impact to adjacent uses (i.e., residential).

9. No structure or enclosure to accommodate the storage of refuse or recycling shall be built or placed on or adjacent to the outdoor dining area.

D. Public Right-of-Way Encroachments. The outdoor dining/seating area and an associated awning may be permitted to encroach into the public right-of-way, subject to public works department review and permitting approval.

1. A minimum of six feet clear shall be maintained between the right-of-way back of curb and any encroaching feature or element of the outdoor dining/seating area or awning.

2. Associated awnings shall be located a minimum of eight feet above the sidewalk; awnings shall not obstruct or prevent the placement of street trees or other improvements within the public right-of-way. Awnings shall not have permanent footings.

3. All encroachments shall be subject to a recorded encroachment permit.

E. Design Compatibility. Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structure and the following:

1. The use of awnings, plants, umbrellas, and other human-scale elements are encouraged to enhance the pedestrian experience, if applicable.

2. The relationship of outdoor dining areas to churches, hospitals, schools, and residential uses shall be considered by the director. Site design should be used to eliminate potential impacts related to glare, light, loitering, and noise.

3. Outdoor dining areas shall not inhibit vehicular or pedestrian traffic flow.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.170 Personal services, fortune, palm and card reader.

The standards of this section are applicable to any future telling, spirit communication, extra-sensory perception, and other similar services as defined in Chapter 11.60, Definitions, where the use is specifically allowed.

A. Annual Record Check Required. An annual police record check shall be made on the applicant and all employees of the establishment.

B. Separation of Uses Required. Any use shall be located a minimum of six hundred feet from any other similar use.

C. Permissive Conditions. Table 11.21-3, Allowed Land Uses, Urban Mixed-Use Zones, identifies future telling, spirit communication, extra-sensory perception, and other similar services as a permitted use within the CDR1, CDR2, UN and MS zones.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.180 Renewable energy systems.

The city promotes the use of alternative energy sources, such as renewable energy systems, to reduce demand on the regional energy grid.

This section establishes design and operational standards for permitting and installation of renewable energy systems. The standards of this section shall apply to the installation and renewal of permits for all renewable energy systems, public and private. All renewable energy systems shall be subject to administrative plan review to ensure compliance with the standards of this section.

A. Measurements. All measurements, setbacks, and provisions of this section shall apply to any portion of the renewable energy system. Where devices include moving parts, the measurement shall be taken from the outermost edge of the moving portions of the device.

B. Development Standards. The following requirements shall apply to all renewable energy systems based on the type of system and applicable performance standards.

1. Setbacks. All renewable energy systems mounted to a building or structure shall be subject to the required setbacks of the applicable zone, except as modified below:

i. There shall be a minimum ten-foot setback from any street frontage or right-of-way.

ii. Encroachments may be allowed for proper function of the renewable energy system; no portion of the system shall be less than two feet from any interior property line.

iii. Standalone ground-mounted renewable energy systems are subject to a CUP and appropriate public hearings in the NL, NM, IF, LI, M2, and M3 zones.

2. Height. Renewable energy systems may be allowed mounted to a building, structure, or roof. The height shall not exceed fifteen feet from the base/mount of the unit to the top of the unit (including blade length in vertical position, where applicable).

i. Solar panels shall be limited to a maximum height of five feet from the base/mount of the unit. Solar panels shall be permitted, subject to a CUP, in conjunction with carports and garages in parking areas in all zones.

ii. Additional height encroachments may be permitted through a CUP where adjacency conditions prevent a renewable energy system within the fifteen-foot height limitation to function properly.

3. Size/Coverage. A renewable energy system, or group of systems, shall not exceed thirty percent area coverage of the surface to which the system is mounted; additional area coverage may be permitted through a CUP.

4. Noise. All renewable energy systems shall be operated in such a manner that they do not exceed the city’s noise standards, found in Chapter 11.34, Noise Control Program.

5. Design. The following measures shall be followed to minimize the visual impact of a renewable energy system:

i. Systems shall be white, grey, or other nonobtrusive color. Solar systems shall be exempt from the color requirements.

ii. Design of nonsolar/nonwind systems shall complement the design of the associated building or structure.

iii. Removal of existing vegetation shall be minimized.

iv. Any accessory structure shall be painted or otherwise visually treated to blend with the surroundings.

v. A structure shall be nonreflective in all areas possible to blend with the surroundings.

6. Security Fencing. Public access shall be restricted through the use of a fence with locked gates, nonclimbable towers, or other suitable methods.

C. System Review. All renewable energy systems shall have adequate plans during application and administrative plan review through the building and safety department to specifically address all of the following information. The applicant shall submit the following:

1. Standard drawings to demonstrate compliance with the latest version of the California Building Code.

2. Line drawings of electrical components of the renewable energy system in sufficient detail to demonstrate compliance with the applicable electrical code.

3. Plan and elevation diagram of the renewable energy system and placement showing compliance with the standards of this section and the applicable zone.

4. Plans specifying the renewable energy system’s manufacturer, model, power rating, and blade dimensions (where applicable).

D. Nonoperation. The project owner shall post a bond, lien contract agreement, cash deposit, or other form of surety acceptable to the director, sufficient to allow for the removal of nonoperational renewable energy system(s).

1. Any nonoperational renewable energy system, or any system not in compliance with the provisions of this section, shall be removed within twelve months of nonoperation or citation by the city. Violations and abatement procedures shall comply with Chapter 11.56, Enforcement.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.190 Single-room-occupancy apartment.

Single-room-occupancy apartments shall be limited to a maximum of twenty units and shall be consistent with the applicable zone regulations and the following minimum requirements:

A. Occupancy shall be limited to a maximum of one person per room.

B. A full community kitchen and laundry facility shall be part of each building.

C. The laundry facility shall provide a minimum of one clothes washer and one clothes dryer per six units.

D. Each unit shall include a private interior kitchenette, bathroom, and closet.

E. Each unit shall be equipped with hardwired smoke detectors with battery backup.

F. Utilities for the apartment building shall be underground.

G. The electric and telephone utilities for each unit shall be metered separately; the meters for gas, water, and sewer services, and for trash pick-up shall be for the entire building.

H. The minimum distance from a bus line or major arterial shall be one thousand feet.

I. Each unit shall be contracted on a one-year lease of occupancy.

J. The building shall be operated by a certified nonprofit organization under contract with the city to provide housing for low- and very-low-income residents.

K. The property shall include on-site management.

L. All development standards applicable to the zone related to height, setbacks, building separation, floor area ratio, and lot coverage shall be adhered to.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.200 Tattoo/body modification.

Every tattoo/body modification establishment shall be subject to the following, in addition to all other requirements of the law:

A. A minimum separation of a five-hundred-foot radius is required between any other tattoo/body modification establishment and any school (public or private). The radius shall be measured from all property lines or lease line of the properties involved.

B. Live animals, except for service animals, shall not be allowed on the premises.

C. Temporary or mobile establishments or events are not authorized by this section.

D. The applicant/operator of the establishment shall also comply with all applicable state and local laws, including Section 119300 et seq. of the California Health and Safety Code (California Safe Body Art Act) and Section 653 of the California Penal Code.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.210 Temporary construction offices.

Temporary structures may be permitted for sales, operation, or construction management during construction, per the standards below.

A. Types of Structures. Temporary structures for use during construction of new development shall be limited to mobile trailers, one mobile home, or a temporary structure used as a temporary sales office.

B. Limited Services. Temporary structures shall not have sewer, water, electricity, or any other utility connections, except as permitted by subsections (C) and (D) of this section.

C. Residential Construction. The director may issue a temporary permit for occupancy of a trailer on a residential lot not in a trailer park for a maximum period of sixty days; such permit shall not be issued more than three times in any twelve-month period. The use of the trailer shall be limited to temporary occupancy during construction/reconstruction of an on-site residence; temporary utility connections may be allowed through a temporary occupancy permit.

D. Major Construction Projects. For major new residential or nonresidential construction projects of more than one acre, on-site temporary structures for construction management and sales shall be allowed. Structures may have utility connections for use during construction of the project; all temporary structures shall be removed within thirty days of cessation of work or project completion.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.220 Drive-through facilities.

The regulations in this section allow for drive-through facilities by reducing the negative impacts they may create. The purposes of this section are to:

1. Reduce noise, lighting, and visual impacts on abutting uses, particularly residential uses;

2. Promote safer and more efficient on-site vehicular and pedestrian circulation; and

3. Reduce conflicts between stacked vehicles and traffic on adjacent streets.

The regulations of this section apply to all uses with drive-through facilities, including new developments, addition of drive-through facilities to existing developments, and the relocation of an existing facility.

A. Required Findings. A use permit for a drive-up window or for a remote teller shall not be approved unless the appropriate authority finds that:

1. The design and location of the facility and stacking lane will not contribute to increased congestion on public or private streets adjacent to the subject property; and

2. The design and location of the facility and stacking lane will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot.

B. Development Standards. The following requirements shall apply to all drive-through facilities:

1. Stacking Space. There shall be, at a minimum, one hundred fifty feet of stacking space for a single lane, measured from the service window to the entry into the drive-through lane. Nonfood and nonbeverage businesses may reduce the stacking space to a minimum of eighty feet.

2. Driveways. Entry and exit driveways shall be a minimum of forty feet from a corner intersection.

3. Landscaping along a Street. Drive-through lanes located adjacent to a street shall provide a minimum ten-foot landscaped width between the drive-through lane and the street right-of-way.

4. Drive-Through Lanes. Drive-through lanes must be clearly identified through the use of striping, landscaping, and signs.

5. Voice Amplification Equipment. Service windows with amplified sound shall be regulated to be consistent with the provisions of Chapter 11.34, Noise Control Program. Adequate landscaping and solid fencing shall be installed to control the effects of noise from facility operations, particularly adjacent to a residential use or zone.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.230 Water conservation.

The reuse of water is highly encouraged for all developments where such is feasible. Where installed, facilities shall be properly maintained to prevent off-site drainage and ensure proper use. Water reuse facilities may include the following:

A. Site plumbing for reclaimed or gray water resources.

B. On-site capture and reuse of rain water and irrigation water.

C. Living roofs with proper drainage and capture design.

All water conservation methods or facilities shall be architecturally integrated into the primary building or dwelling, and shielded as appropriate.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

11.40.240 Emergency shelters.

Consistent with Sections 65582, 65583(a), and 65589.5 of the Government Code, all California cities are required to identify a zone in which to permit emergency shelters by right. This section contains development standards for emergency shelters and created an overlay where shelters are permitted. The light industrial overlay zone was established by Section 11.24.050 and is identified on the zoning and special requirements and overlay maps. In addition, the following operational standards shall apply:

A. The shelter shall be available to residents for no more than six months in any consecutive twelve-month period. During that time, staff and services shall be provided to assist residents to obtain permanent shelter and income.

B. Adequate external lighting shall be provided for security purposes, consistent with this title. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

C. On-site management of the facility shall be required during all hours of operation.

D. The emergency shelter provider/operator shall have a written management plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; and training, counseling, and treatment programs for residents.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)