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This section establishes standards for large family day care homes in compliance with State law, including the limitations on the City's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of these Regulations and any requirements imposed by the California Department of Social Services through its facility licensing. Licensing by the Department of Social Services is required for all large family day care homes.
A. Permit Procedures. Permit processing for large family day care homes shall be subject to the following:
1. Permit Requirement. A large family day care home shall require the approval of a non-discretionary large family day care home permit by the Director.
2. Criteria for Approval. A large family day care home permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this section; and
3. Administrative Use Permit. Director may approve an administrative use permit, in compliance with Chapter 19.25, authorizing operation of a large family day care home which does not comply with and/or cannot be operated in compliance with the standards in this section.
B. Location, Site Planning, and Operational Standards.
1. No large family day care home shall be located within 300 feet of another.
2. Parking standards:
a. Where the large family day care home is located on a parcel having less than 22 feet of legally permitted on-street parking along the frontage of the parcel, or is located within a preferential parking area, the home shall provide one additional parking space. The driveway of a large family day care home may serve to meet the required off-street parking spaces and/or the drop off area.
b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 19.70 (Parking and Loading Standards). Any home located on a four-lane arterial street shall be provided with adequately designed off-street drop-off and pick-up areas to ensure that vehicles exiting the site may do so in a forward manner.
c. One additional parking space shall be provided for each employee.
4. The home shall contain a fire extinguisher and smoke detector devices and comply with all standards established by the City Fire Department.
5. In order to protect adjacent residential dwellings from noise impacts, a large family day care home within any residential zoning district may only operate up to 14 hours per day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
6. Each home shall be inspected by the City for compliance with the Uniform Housing Code and any regulations adopted by the State Fire Marshal which are applicable to large family day care homes.
(Ord. 2185; Ord. 2243; Ord. 2358 §18; Ord. 2397 §14, Ord. 2440 §50, Ord. 2519 §31)
Any retail trade or service use providing drive-in or drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and appearance in the following manner:
A. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do, they shall have clear visibility, and be emphasized by enhanced paving or markings.
B. Drive-through aisles shall have a minimum 15-foot interior radius at curves and a minimum 12-foot width. Each drive-through entrance and exit shall be at least 100 feet from an intersection of public rights-of-way, measured at the closest intersecting curbs, and at least 25 feet from the curb cut on the adjacent property, unless otherwise approved by the Director. Also, each entrance to an aisle and the direction of flow shall be clearly designated by signs and/or pavement markings or raised curbs outside of the public right-of-way.
C. Each drive-through aisle shall provide sufficient stacking area at a minimum of 20 feet per vehicle in advance of the service window or automated teller machine (ATM), to accommodate a minimum of four vehicles for pharmacies, banks, and financial services or six vehicles for all other drive-through uses.. In lieu of this standard, an interior traffic study which models vehicular queuing may be prepared for City staff review. The stacking area shall not interfere with other on-site circulation and parking facilities.
D. The provision of drive-through service facilities shall not justify a reduction in the number of required off-street parking spaces.
E. All service areas, trash storage areas, and ground-mounted and roof-mounted mechanical equipment shall be screened from ground-level view from adjacent properties or public rights-of-way.
F. Menu boards shall not exceed 24 square feet in area, with a maximum height of 6 feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned parcel. Noise levels measured at the property line of a drive-in or drive-through facility shall not increase the existing ambient noise levels in the surrounding area.
G. Each drive-through aisle shall be include a combination of landscaping, low walls, and/or berms to prevent headlight glare and to reduce visibility of vehicles from impacting adjacent streets and parking lots.
H. An 8-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned parcel. The design of the wall and the proposed construction materials shall be subject to architectural review.
(Ord. 2185, Ord. 2440 §51, Ord. 2494 §50)
Where allowed by Division IV (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), gas stations require use permit approval in compliance with Chapter 19.24, and shall be constructed and operated in the following manner:
A. New Gas Stations. New gas stations shall comply with the following standards, in addition to the standards contained in Subsection B (Modification or Expansion of an Existing Gas Station), below:
1. A maximum of two gas stations shall be allowed at each intersection.
2. The minimum site area shall be 15,000 square feet.
3. The minimum frontage shall be 100 feet on each street.
4. Pump islands shall be located a minimum of 15 feet from any property line to the nearest edge of the pump island; however, a canopy or roof structure over a pump island may encroach up to 10 feet within this distance. When the property line is a street right-of-way line, at least 3 feet in width along the line shall be landscaped. Additionally, the cashier location shall provide direct visual access to the pump islands and the vehicles parked adjacent to the islands.
5. There shall be no more than two vehicular access points to or from adjacent public rights-of-way.
6. There shall be a minimum distance of 30 feet between curb cuts along a street frontage.
7. Landscaping shall be provided and permanently maintained in compliance with the following regulations, as well as those outlined in Chapter 19.68 (Landscaping Standards):
a. Landscaping shall cover a minimum of 10 percent of the gas station site area, exclusive of required setbacks.
b. A minimum 5-foot-wide, inside dimension, and 6-inch-high curbed landscaped planter area shall be provided along the front property lines, except for openings to facilitate vehicular circulation to adjacent properties, and along side and rear property lines adjoining residentially zoned properties. Where adjoining a periphery wall, trees planted not more than 16 feet apart shall be included in the planter areas which shall be a minimum of 6 feet wide, inside dimension.
c. An on-site planter area of not less than 200 square feet shall be provided at the corner of two intersecting streets. Landscaping shall not exceed a height of 30 inches at this location.
d. Additional landscaping may be required by the Zoning Administrator or if applicable the Board, to screen the gas station from adjacent properties.
8. All exterior light sources, including perimeter, and flood, shall be energy-efficient, stationary, and shielded to ensure that all light is directed away from adjacent properties and public rights-of-way. All canopy lights shall be fully recessed. Lighting shall not be of a high intensity so as to cause a traffic hazard, be used as an advertising element, or adversely affect adjacent properties, in compliance with Section 19.60.050 (Exterior lighting).
9. Openings of service bays shall be designed to minimize the visual intrusion onto adjacent properties.
10. A gas station which adjoins property in a residential zoning district shall provide a 6-foot-high decorative masonry wall along the common property line, compatible with on-site development and adjacent properties, subject to architectural review.
B. Modification or Expansion of an Existing Gas Station. Any modification or expansion of an existing gas station shall comply with all of the following standards:
1. All activities and operations shall be conducted entirely within an enclosed structure, except as follows:
a. The dispensing of petroleum products, water, and air from pump islands;
b. The provision of emergency service of a minor nature; and
c. The sale of items via vending machines which is subject to Section 19.76.120.
2. No vehicle may be parked on sidewalks, parkways, driveways, or alleys;
3. No vehicle may be parked on the premises for the purpose of vehicular sales;
4. All on-site signs shall be in compliance with Chapter 19.74 (Signs);
5. No used or discarded vehicle parts or equipment, or disabled, junked, or wrecked vehicles shall be located in any open area outside of the main structure;
6. Noise from bells, loudspeakers, or tools shall be in compliance with Section 19.60.080 (Noise) and shall not be audible from residentially zoned parcels between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and Saturdays, and before 10: 00 a.m. and after 7:00 p.m. on Sundays and nationally recognized holidays;
7. Gas stations may receive used motor oil for subsequent recycling and removal, subject to approval by the City Fire Department; and
8. Where an existing gas station adjoins property in a residential zoning district, a 6-foot-high decorative masonry wall may be required along the common property line as a condition of use permit approval for any on-site improvement, expansion or modification, if such a condition is necessary for land use compatibility.
(Ord. 2185; Ord. 2223, Ord. 2440 §52)
A guest house may have direct access to the main dwelling but shall not provide any required housing features of the main dwelling. A guest house is intended to provide temporary(30 days or less) quarters within a detached residential accessory structure, located on the same premises with the main dwelling, for use by guests of the occupants of the premises, and shall not be rented or otherwise used as a separate dwelling.
A. Purpose. The purpose of this section is to regulate the placement, size, use, and allowance of guest houses within the City.
B. Development Standards. The location and construction of guest houses shall comply with the following standards:
1. Only one guest house shall be allowed on a single parcel of record;
2. The guest house shall:
a. Not be provided with separate metered utilities or a separate address;
b. Not contain more than one bathroom;
c. Not contain a kitchen or other cooking facilities, including a microwave oven, hot plate, or toaster oven;
d. Not exceed 250 square feet of livable floor area;
e. Not exceed the allowable site coverage for the zoning district;
f. Not be separately rented or leased from the main dwelling, whether compensation is direct or indirect;
g. Be designed to ensure visual harmony, consistency, and compatibility with the main dwelling on the site and with other residential structures in the area; and
h. Not exceed 15 feet in height or be more than one story. A use permit approved in compliance with Chapter 19.24 may authorize a greater height when the guest house is proposed over a one-story structure, including a detached garage, and when the guest house will provide visual harmony, consistency, and compatibility with the main dwelling.
(Ord. 2185, Ord. 2440 §53, Ord. 2494 §52)
Outdoor sales and equipment rental establishments, where the business is not conducted entirely within a structure or enclosed area, shall comply with the following standards:
A. Temporary Outdoor Retail Sales and Activities. The temporary outdoor display of merchandise shall comply with the following standards:
1. Temporary Uses. Temporary outdoor sales are subject to Chapter 19.22 (Temporary Uses).
2. Duration of Sales. The sales shall be of a temporary nature, lasting not longer than a total of six months.
3. Maximum Sales Area. The area devoted to temporary outdoor sales shall not exceed the following:
a. CC and CN and ML districts: 2 1/2 percent of the gross floor area of the structure occupied by the business; and
b. CS and CR districts: 5 percent of the gross floor area of the structure occupied by the business.
B. Permanent Outdoor Retail Sales and Activities. The permanent outdoor display of merchandise shall comply with the following standards:
1. Location of Sales Area. The shall occupy a fixed and approved location that does not disrupt the normal function and safety of the site or its circulation and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscaped areas. The outdoor sales shall be located entirely on private property and outside of any required setback. A minimum setback of 10 feet from any public right-of-way is required.
2. Adjacent to a Public Right-of-Way. Outdoor sales areas adjacent to public rights-of-way shall be screened with decorative solid walls, fences, or landscaped berms, a minimum of 36 inches high and merchandise displays shall not exceed a height of three feet above finished grade.
3. Outdoor Vending Machines. Outdoor vending machines, as defined in Chapter 19.04 (Definitions), are subject to the performance standards below.
a. Accessory Use. Outdoor vending machines shall be an accessory use to an approved primary use and may not be located on an unimproved lot.
b. Location.
(1) Building Frontage. Outdoor vending machines are permitted along the building frontage that includes the primary business entrance. Where the primary business entrance is located at the building corner, outdoor vending machines will be permitted on only one side of the building.
(2) Clear Path of Travel. Outdoor vending machines shall not obstruct pedestrian pathways, driving aisles, parking spaces, or any areas necessary for proper pedestrian or vehicular circulation or loading activities. A clear path of travel at least four feet wide must be provided around outdoor vending machines.
(3) Public Rights-of-Way. Outdoor vending machines shall not be installed in, or within four feet of, the public right-of-way, or located in such a manner as to encourage or require customers to stand or park in the right-of-way in order to use the machine.
(4) Architectural Review. The placement of outdoor vending machines shall be considered as part of the architectural review process for new development. Outdoor vending machines installed subsequent to an approved project shall be considered a modification to an approved project and subject to section 19.18.070 (Conformance to Plans).
c. Area. The area occupied by outdoor vending machines may not exceed 10 percent of the width of the building frontage along which they are located, nor shall the combined area of all vending machines at any one site exceed 32 square feet.
d. Signage and Window Coverage. No more than 25 percent of a window area may be covered with signage or outdoor vending machines combined. Sign copy on outdoor vending machines shall be limited to the exterior panels of the machine and shall only advertise the product or service provided by the machine.
e. Design and maintenance.
(1) Utility Connections. Any required exposed conduits, pipes, or utility connections shall be secured to the building and painted, or otherwise screened, to match the building exterior, and shall not bridge a span greater than 18 inches.
(2) Maintenance. All outdoor vending machines shall be maintained in a clean, working and attractive condition. If the outdoor vending machine is removed, the area shall be cleaned and restored, including the removal of any conduits or other connection hardware.
C. General Requirements. The following requirements shall apply to all (temporary and permanent) outdoor retail sales and activities:
1. Signs. There shall be no signs visible from the public street in addition to those allowed by Chapter 19.74 (Signs).
2. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of 7 feet above finished grade for a single display item. Stacked displays may not exceed a height of 6 feet above finished grade.
3. Relationship to Main Use. Outdoor sales shall be directly related to a business establishment on the parcel. The use of the property shall comply with the standards for the zoning district.
4. Review and Approval Required. Any use proposing permanent outdoor merchandise display or other outdoor business activities shall be subject to review and approval, in compliance with Chapter 19.18 (Architectural Review).
5. Outdoor Storage Areas. Outdoor storage areas are subject to the regulations of Section 19.60.060(H)(3) (Outdoor Storage and Work Yards). Temporary outdoor storage areas are not subject to screening requirements.
D. Exceptions. The provisions of this section do not apply to the following:
1. Sales or distribution of newspapers or periodicals in compliance with the provisions of the Municipal Code.
2. Sales from the public right-of-way in compliance with the provisions of the Municipal Code.
3. Temporary sales not within a structure or enclosed area, in compliance with Chapter 19.22 (Temporary Uses).
4. Sales of seasonal agricultural food products and flowers on private, non-residential property, not to exceed 6 months annually.
(Ord. 2185, Ord. 2427 §53, Ord. 2440 §54, Ord. 2494 §54)
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