This section establishes special conditions which shall apply to the following listed land uses:
(A) Alcoholic beverage sales.
(1) A conditional use permit, obtained pursuant to the provisions of §§ 153.240 through 153.248, shall be required for any business that sells alcoholic beverages for on-site or off-site consumption. This requirement shall apply to any new business proposed to locate within the city, as well as to existing businesses applying for a new state permit to sell alcoholic beverages.
(2) In approving an application for a conditional use permit to establish a use selling alcoholic beverages, the Planning Commission may impose conditions on the use to ensure that the use operates in a manner that provides adequate protection of general health, safety, and community welfare.
(3) In determining whether to approve a conditional use application for alcoholic beverage sales and the conditions to impose on such use, the Commission shall consider the following:
(a) The nature and use of real property within 500 feet of the use, and in particular, the location of similar nearby uses and the location of residences, parks, schools, and churches.
(b) Appropriate measures to provide proper maintenance of the building exterior, including keeping the premises free of junk, litter, and debris.
(c) Lighting of exterior areas, including parking lots, to discourage activities outside of the buildings.
(d) Protection of persons residing on or using adjacent properties from noise, illegal activity, odors, and undue light and glare.
(e) Provision of on-site security, both inside and outside the building, to satisfy any concerns raised by the Police Department.
(f) Hours of operation.
(g) Controls on occupancy limits inside the building and loitering outside of the building.
(1) Concentration. A total of no more than two automobile service stations shall be located at the corners of street intersections.
(2) Lot dimensions. Each automobile service station site shall have a minimum lot area of 15,000 square feet and a minimum lot width of 125 feet.
(3) Setbacks. Buildings of Type IV construction, as defined by the Uniform Building Code, shall be set back a minimum of 10 feet from any property or building setback line, except as otherwise permitted by the Uniform Building Code for building walls of two-hour fire-resistant construction.
(4) Pumps and islands. All gasoline pumps and pump islands shall be set back 15 feet from any property line or building setback line.
(5) Canopies. Canopies over pump islands are permitted, provided such canopies are constructed entirely of non-combustible materials, are either attached to the building or are located no closer than 10 feet to any building on the same property, and are located no closer than five feet to any adjacent interior property line.
(6) Retail sales. The retail sale of goods is permitted, provided parking is provided as required for retail business.
(7) Parking. No vehicle shall be parked on the site other than those belonging to customers and employees, and service station vehicles. Adequate parking shall be provided for customers and employees and service station vehicles. Storage of vehicles is prohibited. Excess space, if any, may be leased to nearby businesses seeking additional parking provided all the provisions for leased parking are met. See §§ 153.220 through 153.227 for additional parking requirements.
(8) Access and driveways. No site shall have more than two accessways to any one street, and no driveway shall be allowed within 20 feet of a street corner. However, the City Engineer shall have the authority to place additional restrictions on driveways and access as necessary to enhance vehicular and pedestrian safety in the immediate vicinity of the site.
(9) Lighting. All outside lighting shall be oriented and shielded to prevent glare, reflection, or any nuisance or hazardous interference with adjacent uses or streets.
(10) Landscaping.
(a) Five foot wide raised planters shall be provided along the street aide property line. All plantings shall be of a variety that will not achieve a height of over three feet.
(b) Three foot wide raised planters shall be provided along any wall erected along an interior property line.
(c) At street corners, 150 square feet of raised landscaped area shall be provided.
(d) A minimum of 30 square feet of raised landscaped area shall be provided along each building facade facing a street.
(e) All landscaped areas shall be protected by a six inch high concrete curb;
(f) Permanent automatic irrigation systems shall be provided for all landscaped areas, and all landscape material shall be maintained in a neat and healthy condition. No landscaping shall be permitted to grow over public rights-of-way.
(g) Alternate proposals for the enhancement of planter areas may be proposed by developers and reviewed and approved by the Community Development Department.
(11) Utilities. All utility services extended to the building shall be installed underground.
(12) Restrooms. All restroom entrances facing or visible from a public right-of-way shall be screened by solid decorative screening six feet high.
(13) Refuse. Refuse containers shall be contained within a solid block wall enclosure of five foot minimum height. The enclosure gate shall be fully screened.
(C) Automobile repair businesses.
(1) All site area not covered by buildings or landscaping shall be fully paved with materials acceptable to the Community Development Director.
(2) All stored or parked vehicles shall be stored or parked only in areas designated for such use.
(3) All repair activities shall be conducted within a fully enclosed structure.
(4) All used or discarded automobile parts or equipment shall be fully screened from public view.
(5) All service bays shall be designed to allow access without backing or driving directly forward into a public right-of-way or alley.
(6) All on-site activities shall comply with the city's current noise requirements.
(D) Churches.
(1) Only those uses specifically identified in and authorized by an approved conditional use permit shall be permitted to operate in association with the principal permitted use. For example, a day care center or private school located at a church facility must be identified as an authorized use in the conditional use permit for the church. Otherwise, any such additional use shall require an amendment to the principal conditional use permit (CUP).
(2) The application for a church shall be granted only upon the Planning Commission, or City Council on appeal, making the findings contained in § 153.246 and the following additional findings:
(a) That all buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties;
(b) That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses; and
(c) That all exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects.
(E) Drive-through businesses.
(1) For fast-food restaurants, a minimum queuing distance of 150 feet shall be provided from the forwardmost drive-up window to the entrance to the queuing space. For all other drive-through businesses, the minimum distance shall be 100 feet. The queuing space shall be located completely clear of any adjacent public right-of-way and all circulation aisles provided on a site.
(2) Drive-through aisles shall be located to avoid interference with and adverse impacts on on- site pedestrian circulation.
(3) Menu boards for drive-through restaurants shall be located to provide adequate distance from the menu board to the entrance to the queuing space.
(F) Educational facilities.
(1) Only those uses specifically identified in and authorized by an approved conditional use permit shall be permitted to operate in association with the principal permitted use. Otherwise, any such additional use shall require an amendment to the principal conditional use permit (CUP).
(2) The application for an education facility shall be granted only upon the Planning Commission, or City Council on appeal, making the findings contained in § 153.246. Zoning and the following additional findings:
(a) That all buildings, structures, and landscaping will be developed in a manner harmonious and compatible with development on surrounding properties;
(b) That exterior parking areas will be screened with landscaping in a manner that ensures compatibility with and an enhancement to surrounding land uses; and
(c) That all exterior lighting will be designed, oriented, and constructed to shield adjacent properties from adverse glare effects.
(G) Hotels and motels.
(1) A minimum lot size of 40,000 square feet and a minimum street frontage of 90 feet are required for the development of any new hotel or motel.
(2) If the hotel or motel is to be developed as a one-story structure, then at least 1,000 square feet of lot area shall be provided for each proposed guest room. In all other cases, at least 800 square feet of lot area shall be provided for each proposed guest room.
(3) Each guest room shall have a minimum size of 300 square feet and an average width of not less than 12 feet.
(4) Not more than one manager's quarters may be provide on-site. The minimum dwelling unit size of the R-3 zone shall apply to the manager's quarters.
(5) Every hotel and motel shall have an office with a registration desk, and the office shall be located in close proximity to the main entrance of the facility.
(6) In addition to the development standards for the C-1, C-3, and M-1 zones set forth in this title, the Planning Commission may impose specific conditions relating, but not limited to:
(a) The height and area of buildings;
(b) Setbacks;
(c) Signage;
(d) Installation and maintenance of fences, walls, hedges, landscaping, and drainage facilities;
(e) Traffic circulation;
(f) Security requirements;
(g) Installation of antenna, including satellite dish antenna.
(7) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HOTEL. A building or group of buildings in which there are six or more guest rooms where lodging, with or without meals, is provided for compensation. A HOTEL may provide space for shops or stores within its confines as is otherwise permitted in the zone in which the hotel is located. Dining facilities are recognized as a normal appurtenant use in hotels in any zone in which hotels are permitted. A HOTEL shall include one or more amenities for guests, including but not limited to: business center; on-site dining; exercise facilities; meeting rooms; spa; pool; lounge areas; bars; sundry/gift shops. HOTEL shall not include jails, hospitals, asylums, sanatoriums, rest homes, orphanages, prisons, detention homes, or similar buildings where human beings are housed and detained under legal restraint.
MANAGER’S QUARTERS. Any dwelling unit contained in any hotel or motel and containing kitchen facilities.
MOTEL. A group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and are directed to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile and motor lodges. An establishment shall be considered a MOTEL when it is required by the California Health and Safety Code to obtain the name and address of the guest, the make, year, and license number of the vehicle, and the state in which the license was issued.
PERSON, OCCUPANCY, TRANSIENT, RENT and OPERATOR. These terms shall have the same meanings as set forth in § 35.056 of this code.
UNIT. Any dwelling unit intended for or used for transient occupancy.
(‘65 Code, § 5-29.01) (Ord. 297-C.S., passed - - )
(8) Regulations. No person shall operate any hotel or motel within the city unless such hotel or motel complies with the following regulations:
(a) No portion of any manager's quarters shall be rented for occupancy by or occupied by any transient. Manager's quarters shall be occupied only by the operators; the managing agents of the operator, or employees of the operator, and the total number of occupants in any manager's quarters shall be limited to the same extent that the number of occupants in any dwelling unit in the R-3 Zone is limited by the Official Land Use Plan Law of the city (contained in Ch. 153 of the code of ordinances) or any other applicable law of the city. No manager's quarters shall contain more than one kitchen.
(b) At least two parking spaces, or an internal driveway abutting an office used for the purposes of registering transients, shall be posted with signs indicating that such parking spaces or driveway is to be used for registration purposes only.
(c) Microwave ovens and/or any other appliance capable of preparing foods of any kind shall not be located in any unit, other than the manager's quarters, except that appliances designed for the sole purpose of preparing coffee or boiling water shall be permitted in any unit.
(d) No more than one meter shall be used or maintained for each utility service to any hotel or motel. Utility panels for such meters shall not be visible from any public sidewalk or street which abuts such hotel and motel.
(e) Coin-operated machines designed or used for the disbursement of food, beverages, personal articles, or other commercially sold items shall not be located inside any unit of any hotel or motel.
(f) Every operator of every hotel or motel within the city shall keep a register wherein he shall require all transients to print and sign their names upon their procuring lodging or accommodations in such hotel or motel. The register shall also show the time when the name was printed and signed (including the time of day, the day, and the month of the year), the room occupied or to be occupied by such person, the address of each such person, the make, year, and license number of the vehicle, if any, of such person, and the state in which such vehicle is licensed. Such register shall be kept in a conspicuous place in the office of the hotel or motel and at all times shall be open to inspection by any police officer, the City Manager, or any designated representative of the City Manager.
(g) No occupancy or registration of any unit, or any portion thereof, other than the manager's quarters, by any person shall exceed 21 calendar days in any consecutive 90 calendar day period.
(h) No unit, or any portion thereof, shall be rented more than two times in any one consecutive 24-hour period or more than one time in any one consecutive 12-hour period.
(i) No hourly or monthly billing rate shall be offered, accepted, or otherwise used by any operator or any managing agent or employee of any operator of any hotel or motel.
(j) The operator of any hotel or motel shall not permit the parking of any vehicle, whether an automobile, truck, or recreational vehicle, anywhere other than within the painted and designated parking space which is adequate for such parking.
(k) Daily room cleaning service shall be provided for each unit which is rented.
('65 Code, § 5-29.02) (Ord. 297-C.S., passed - - ) Penalty, see § 10.99
(H) Karaoke KTV. The City Council shall have the authority to adopt by resolution standard conditions to be incorporated into conditional use permits issued for karaoke TV businesses. The conditions may be amended from time to time as the Council deems appropriate. Further, the Planning Commission may impose additional conditions on individual projects as it deems necessary to carry out the provisions of this title.
(I) Live entertainment. Any business offering live entertainment shall require the issuance of a conditional use permit for that business. The Planning Commission, in consultation with the Police Department and other city agencies, shall have the authority to impose whatever conditions it deems necessary to protect public health, safety, and community welfare.
(J) Secondhand stores. The outdoor display or storage of goods shall be prohibited at all times, notwithstanding the provisions of § 153.159.
(K) Personal care facilities.
(1) Applicants requesting personal care facilities with private rooms shall complete and submit a planning application and supplemental Police questionnaire for review and approval by the Community Development Department and the Police Department along with the following information:
(a) A professionally prepared plot plan that is drawn to at least an one-eight-inch scale, showing all property boundary lines, building location(s) and off-street parking; and
(b) Floor plans that include the location of all counters, equipment, partitions, sinks, plumbing, walls, electrical and any other alteration or improvement necessary for the operation of the business.
(2) Appeal. If an applicant is dissatisfied with the decision related to their application, they have the ability to appeal the decision to the Council following the appropriate procedures as outlined in § 153.247 of the Municipal Code.
(3) Minimum requirements.
(a) All exterior doors (except back or rear exterior doors used only for employee entrance to and exit from the establishment) shall remain unlocked during business hours. Interior doors shall not have any locking mechanisms, including but not limited to any and all interior doors which lead to, or are located in, the following areas: customer waiting room, front reception, or internal hallways. A door leading from any lobby area to customer areas, if any, shall not have any locking mechanism or be capable of being locked or blocked to prevent entry in any manner. No private rooms for public use shall be allowed. Restrooms are excluded from this requirement.
(b) All exterior windows and glass doors shall not be blocked by window tinting, opaque coverings of any kind, or by painted signs that cover more than 25% of any windowpane. The interior of the business shall be plainly visible from the exterior of the business by passing vehicles and pedestrians.
(c) Treatment rooms within personal care facilities shall meet the following visibility standards:
1. There must be windows on the upper half of all interior walls that face into common areas. The windows must have at least 75% unobstructed visibility on the upper half of the interior wall.
2. Doors to treatment rooms must have an unobstructed window in the upper half of the door covering at least 75% of the upper half of the door.
3. Doors cannot be capable of being locked or blocked and should have a minimum 12-inch gap between the top of the door and doorframe and a 12-inch gap between the bottoms of the door and floor.
4. In lieu of doors, curtains may be used to cover the door opening and must have a minimum 12-inch gap between the top of the curtain and doorframe and a 12-inch gap between the bottom of the curtain and floor.
(d) The applicant may use drapes with runners in place of solid partitions.
(e) There shall be only one customer allowed in the facial room at any given time and the business shall post this regulation accordingly. The sign shall be a minimum of 12 by 14 inches and posted in a conspicuous location.
(f) There shall be no buzzer alarm or intercom system.
(g) Adult oriented merchandise prohibited. The use or possession of adult oriented merchandise in the establishment is strictly prohibited.
(h) The business shall be available for inspection by the San Gabriel Police Department during business hours.
(i) The applicant shall provide the hours and days of operation to the Police Department for review.
(4) Revocation. If the owner/operator is found in violation of the requirements that owner/operator shall receive written notice and shall have three business days to contact the Community Development Department to remedy the violation. Failure to comply shall result in actions as prescribed in § 110.14 (Suspension or Revocation Procedure) of the City's Municipal Code.
(5) Applicability to existing businesses. Existing personal care facilities with legally constructed tenant improvements and valid business licenses issued prior to the effective date of this ordinance that do not comply with these provisions will be subject to § 153.422 (Continuation of Non-Conforming Structures) of the city's Municipal Code.
(L) Vending machines.
(1) Businesses shall be limited to the number of machines as follows:
(a) Building frontages up to 50 linear feet may have a maximum of one machine.
(b) Building frontages of 51- 100 linear feet may have up to two machines.
(c) Building frontages of 101- 200 linear feet may have up to three machines.
(d) Building frontages of 201- 300 linear feet may have up to four machines.
(e) Building frontages over 300 linear feet may have a maximum of five machines.
(2) Vending machines located within public view shall be grouped in one location at a business or shopping center.
(3) Vending machines installed within a shopping center shall maintain a distance between groupings of machines of 100 feet.
(4) The vending machine shall not be placed in a location that would reduce the width of the walkways on private property to less than three feet.
(5) The vending machine shall not be located within five feet of a driveway.
(6) The vending machine shall not project onto or over any part of the public right-of-way, take up required parking spaces, or interfere with ingress/egress or other circulation patterns.
(7) All vending machines shall be kept in good working order, absent of broken or missing parts, graffiti, dirt or oils.
(8) No advertising shall be permitted on the machine other than what is being sold from the vending machine.
(9) When installed adjacent to a building, vending machines shall be parallel to the wall of the building with a clearance between the wall and the vending machine of not more than six inches.
(10) Vending machines shall be affixed to property in a way to insure they are not upset due to earthquake or other calamity but shall not be affixed by way of chains or other temporary methods.
(11) Security cages or similar devices, which fully enclose the vending machine, are prohibited for vending machines located within public view.
(M) VIP rooms within restaurants. All VIP rooms shall comply with each of the following minimum requirements to the satisfaction of the Police Department:
(1) The VIP room shall be used in conjunction with meal service only.
(2) VIP rooms shall be available for use only during the restaurant's posted, regular business hours. Business hours shall be posted and observed. All non-employees shall vacate the restaurant within 15 minutes after the restaurants posted closing time.
(3) The room shall be designed to accommodate normal restaurant activities. Dining tables and chairs shall be included. No other furniture, especially, couches, lounging furniture or other accessories not generally associated with a restaurant shall be allowed.
(4) Permanent lighting shall be maintained in the VIP room at all times.
(5) The door and window openings of the room shall be maintained free and clear of all visual obstructions at all times.
(6) Curtains or other screening may be utilized for privacy in lieu of a solid door.
(7) All public areas of the facility must allow visibility into the room from other areas of the interior of the facility. As a rule of thumb, 75% unobstructed visibility of the upper half of any interior walls would be sufficient visibility.
(8) No tinted or "one-way" glass shall be installed in any VIP room.
(9) No doors other than exterior doors and restrooms shall be capable of locking within the facility. The premises' exterior doors shall remain unlocked during business hours.
(10) No equipment shall be installed other than surveillance cameras installed and utilized per the approval of the Chief of Police, which has the capability off recording, videotaping or monitoring the activities, conversations, or other sounds in the VIP rooms.
(11) No doorbells, buzzers, warning devices, or similar devices shall be installed at the facility.
(12) Any serving of alcoholic beverages must be in compliance with alcoholic and beverage control's rules and regulations and any conditions established by conditional use permit.
(13) No live entertainment, dancing or karaoke shall be provided or allowed in the VIP room without a conditional use permit.
(14) Each facility shall allow for unannounced inspections at any time and the owner/operators shall cooperate with city officials at all times.
(N) Pool and billiard halls. All pool and billiard halls shall meet the following minimum conditions for a permit:
(1) Physical environment.
(a) A clear and unobstructed view of the entire interior of the pool or billiard hall shall be visible from the entrance to such room.
(b) No partitions forming rooms, stalls, or other enclosures within which the public may congregate shall be permitted within the pool or billiard hall. However, this shall not prohibit the maintenance of washrooms, toilet rooms or storage closets.
(c) No alcoholic beverages shall be sold, consumed or made available in the pool or billiard hall.
(2) Conduct.
(a) Behavior within the pool or billiard hall shall conform to all laws and ordinances in addition to the provisions of this chapter. Management shall provide sufficient adult supervision to assure compliance with such laws and ordinances. All owners, managers, and operators of the pool or billiard hall shall be strictly responsible for the enforcement of any rules and regulations promulgated for the operating of such room, and shall not permit any person violating any law, ordinance, rule or regulation to remain in the pool or billiard hall.
(b) No persons shall bring any form of alcoholic liquor into a pool or billiard hall. No person in an intoxicated condition shall enter or remain in the pool or billiard hall.
(c) No person having charge or control of any pool or billiard hall shall permit any persons to enter or remain therein who has any form of alcoholic liquor in their possession, or permit any intoxicated, boisterous or disorderly persons to enter, be or remain in any pool or billiard hall.
(O) Emergency shelters. All emergency shelters shall meet the following locational and operational standards:
(1) The shelter shall be located adjacent to any zone except R-1;
(2) The shelter shall be located within one-quarter mile of a bus stop;
(3) The shelter shall be located within a two-mile radius of a hospital;
(4) The number of beds shall not exceed one per 130 square feet of gross floor area;
(5) Off-street parking shall be provided for every staff member;
(6) The shelter shall have full-time on-site management;
(7) The shelter shall be located no closer than 300 feet to another emergency shelter;
(8) The maximum length of stay of any person shall be six months;
(9) Exterior lighting shall be provided at building entrances and exits and within parking areas. The lighting fixtures must be shielded to prevent glare; and
(10) Security guards, as recommended by the Police Department, shall be provided during the hours that the emergency shelter is open.
(P) Single room occupancy (SRO) developments. All single room occupancy (SRO) developments shall meet the following locational and operational standards:
(1) Single room occupancy developments shall be located adjacent to any zone except R-1;
(2) Single room occupancy developments shall be located no closer than 300 feet to another single room occupancy development;
(3) Single room occupancy units shall be efficiency units that may include a complete private bath and kitchen but do not have a separate bedroom. The maximum size for an SRO unit shall be 500 square feet;
(4) A minimum lot size of 18,000 square feet and a minimum street frontage of 90 feet are required for the development of any new single room occupancy developments;
(5) Single room occupancy developments shall not exceed a density of 1,742 square feet of net lot area for each unit;
(6) At least one common bathroom shall be provided for every six units;
(7) Buildings in a single room occupancy development shall not occupy more than 60% of the total net lot area;
(8) Single room occupancy developments shall not exceed a maximum height of three stories or 45 feet;
(9) Each single room occupancy development shall have a common open space area totaling a minimum of 100 square feet per unit;
(10) Each single room occupancy development shall have a front yard of not less than 15 feet;
(11) Each single room occupancy development shall have a side yard of not less than ten feet. On corner lots the side yard of the side street shall be not less than ten feet;
(12) Each single room occupancy development shall have a rear yard of not less than 20 feet;
(13) Garbage and rubbish collection areas shall be provided as required in § 153.151 of the San Gabriel Municipal Code;
(14) Adequate laundry facilities shall be available on the premises, with no fewer than one washer/dryer per six units;
(15) Average income of residents in the development shall be no more than 40% of the area median income;
(16) The development shall be subject to a covenant recorded with the County Assessor’s Office stating that the units shall be subject to these income restrictions for a minimum period of 55 years;
(17) New construction projects for seniors shall not qualify as single room occupancy housing;
(18) Off-street parking shall be provided at the rate of 0.5 parking space per unit, plus one parking space for on-site management;
(19) Single room occupancy developments shall have full-time on-site management.
(Q) Community gardens.
(1) Management. Community gardens shall be managed bv a garden coordinator and operated according to a set of rules addressing governance, hours of operation, maintenance and security responsibilities, and the system for assigning plots.
(2) Structures. Structures are limited to storage sheds, plant cultivation structures (greenhouses, hoophouses. and cold frames), benches, bike racks, raised planting beds, compost or waste bins, picnic tables, fences, and rain barrel systems. Individual structures may not exceed 120 square feet in size or 12 feet in height. The combined area of all structures shall not exceed 15% of the garden area. All structures shall meet the setback requirements of the underlying zoning district and § 153.126, Accessory Buildings and Structures.
(3) Fencing. Community gardens shall be fenced in accordance with the development standards of the underlying zoning district.
(4) Signs. One sign per street frontage is permitted. Signs shall not exceed four square feet of sign face area and shall not exceed six feet in height. The sign shall include a contact telephone number and/or contact e-mail address/website address for the garden coordinator and for the Community Development Department. No advertising for garden sponsors, donors, supporters, suppliers, etc. is permitted on site.
(5) Water.
(a) A metered water supply connection shall be provided. Water costs shall be paid by the garden coordinator body.
(b) Sprinkler systems are prohibited: all watering shall be by hose or watering can. Informational materials supplied by the garden coordinator to plot holders shall include advice on water conservation, mulching, effective watering techniques, etc.
(6) Compost. Compost materials shall be stored at least three feet from adjacent property in a manner that is not visible from adjacent property, controls odor, prevents infestation, and minimizes runoff into waterways and onto adjacent properties.
(7) Trash. A suitably sized trash receptacle shall be placed on-site. The garden coordinator shall be responsible for arranging for and making payment for regular trash collection. The operating rules shall encourage onsite composting of plant materials only and encourage gardeners to take their trash off-site for disposal.
(8) Outdoor lighting. No outdoor lighting is permitted.
(9) Operational standards.
(a) Allowable uses include the cultivation of fruits, vegetables, plants, flowers, or herbs. Plants prohibited by the State of California and/or federal law are prohibited.
(b) Gardening activities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m.
(c) Mechanized tools (tillers, trimmers, etc.) or flame-producing tools are prohibited.
(d) On-site sales of produce or any other items are prohibited.
(e) The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property or to the public right-of-way.
(f) No synthetic pesticides or herbicides may be used.
(g) No fresh manure may be used.
(h) Entrance gates (if any) shall be secured with a key or combination lock. A copy of the key or the combination code shall be provided to the Community Development Department.
(10) Rules and regulations. A bulletin board (or similar) shall be erected on the site listing the rules and regulations that apply to garden users. The bulletin board shall not be visible from the public right of way to minimize the risk of vandalism.
(11) Maintenance. Garden areas shall be maintained in good condition to prevent overgrown plots, unmaintained common areas, accumulation of trash, blight, and other nuisances.
(R) Open air markets.
(1) Application requirements. A temporary use permit is required for open air markets that are one-time events. The Planning Commission shall approve a conditional use permit for ongoing open air markets only if the following requirements are met:
(a) The market operator and/or individual vendors secure all necessary licenses, certificates and health permits, and all agricultural products meet all pertaining health and safety standards.
(b) Documentation is provided to show that all standards set forth in this section will be met.
(2) Management plan. A management plan shall be prepared and provided to the Planning Commission, including the following:
(a) Identification of (a) market manager(s), who shall be present during all hours of operation.
(b) A set of operating rules addressing the governance structure of the market; the method of assigning booths and registering vendors; hours of operation; maintenance; security; refuse collection; and parking.
(3) Parking. One vehicle parking space for each vendor stall shall be provided. Alternative parking arrangements, including shared parking, may be considered by the Planning Commission in determining whether sufficient parking is provided.
(4) Hours of operation. Market activities shall be conducted between the hours of 7:00 a.m. and 8:00 p.m. Set-up and clean-up and take-down may occur between 6:00 a.m. and 9:00 p.m.
(5) Waste disposal. Adequate composting, recycling, and trash containers shall be provided during hours of operation, and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris.
(6) Performances. Live musical and other performances may be approved with appropriate permits; a temporary use permit for one-time events or a conditional use permit for ongoing events.
(S) Low barrier navigation center. All low barrier navigation centers shall meet the following locational and operational standards:
(1) A low barrier navigation center is a housing first low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
(2) Low barrier are best practices to reduce barriers to entry, and may include, but are not limited to, the following:
(a) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
(b) Pets;
(c) The storage of possessions; and
(d) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(3) The low barrier navigation center shall be located in mixed-use and non-residential zones permitting multi-family uses.
(4) The low barrier navigation center shall offer services to connect people to permanent housing through a services plan that identifies services staffing.
(5) The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing.
(6) The low barrier navigation center shall comply with Chapter 6.5 of Division 8 of the Welfare and Institutions Code.
(7) The low barrier navigation center shall have a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by § 578.3 of Title 24 of the Code of Federal Regulations;
(8) An application for a low barrier navigation center shall be submitted to the Community Development Department. The city shall notify the applicant whether the application is complete within 30 days of receipt pursuant to § 65943 of the Gov’t Code. The city shall act within 60 days of receipt of a completed application.
(9) This section shall remain in effect until such time as Article 12 of Chapter 3 of Division 1 of Title 7 of the Cal. Gov’t Code is repealed by the state legislature or by its own sunset provisions.
(T) Supportive housing.
(1) Supportive housing shall have the same meaning as defined in § 50675.14 of the Health and Safety Code.
(2) Supportive services shall have the same meaning as defined in the Gov’t Code § 65582.
(3) Target population shall have the same meaning as defined in § 50675.14 of the Health and Safety Code.
(4) Use by right shall have the same meaning as defined in subdivision (i) of § 65583.2 of the Government Code.
(5) Supportive housing shall be a use by right in zones where multi-family and mixed uses are permitted, including nonresidential zones permitting multi-family uses, if the proposed housing development satisfies all of the following requirements:
(a) Units within the development are subject to a recorded affordability restriction for 55 years.
(b) One hundred percent of the units, excluding managers' units, within the development are restricted to lower income households and are or will be receiving public funding to ensure affordability of the housing to lower income. For purposes of this division, "lower income households" has the same meaning as defined in § 50079.5 of the Health and Safety Code. The rents in the development shall be set at an amount consistent with the rent limits stipulated by the public program providing financing for the development.
(c) At least 25% of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100% of the units, excluding managers' units, in the development shall be restricted to residents in supportive housing.
(d) The developer shall provide the Community Development Department with the information required by Gov’t Code § 65652.
(e) Nonresidential floor area shall be used for onsite supportive services in the following amounts:
1. For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services; and
2. For a development with more than 20 units, at least 3% of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
(f) The developer shall replace any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Gov’t Code § 65915.
(g) Units within the development, excluding managers' units, shall include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(6) The supportive housing development shall comply with the written, objective development standards and policies that apply to other multi-family developments within the same zone.
(a) The review of a supportive housing development to determine whether the development complies with objective development standards, including objective design review standards, pursuant to this subdivision shall be conducted consistent with the requirements of subdivision (f) of Gov’t Code § 65589.5, and shall not constitute a "project" for purposes of Division 13 (commencing with § 21000) of the Public Resources Code.
(7) Any discretion exercised by the city in determining whether a project qualifies as a use by right pursuant to this section or discretion otherwise exercised pursuant to this section does not affect the city's determination that a supportive housing development qualifies as a use by right pursuant to this subdivision.
(8) Notwithstanding any other provision of this section to the contrary, the city shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all the following conditions have been met:
(a) The owner demonstrates that it has made good faith efforts to find other sources of financial support.
(b) Any change in the number of supportive housing units is restricted to the minimum necessary to maintain the project's financial feasibility.
(c) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(9) This section does not prohibit the city from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, the city shall not adopt any requirement, including, but not limited to, increased fees or other exactions, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development's eligibility to receive ministerial approval pursuant to this article.
(10) A developer of supportive housing subject to this section shall provide the Community Development Department with a plan for providing supportive services, with documentation demonstrating that the supportive services will be provided onsite to residents in the project, as required by Government Code § 65651, and describing those services, which shall include all of the following:
(a) The name of the proposed entity or entities that will provide supportive services;
(b) The proposed funding source or sources for the provided onsite supportive services; and
(c) Proposed staffing levels.
(11) The Community Development Department shall approve a supportive housing development that complies with the applicable requirements of this section.
(12) The Community Development Department shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this section. The Community Development Department shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.
(13) If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.
(14) This section shall not be construed to do either of the following:
(a) Preclude or limit the ability of a developer to seek a density bonus, including any concessions, incentives, or waivers of development standards, from the city pursuant to Gov’t Code § 65915 or any other local program that offers additional density or other development bonuses when affordable housing is provided.
(b) Expand or contract the authority of the city to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.
(U) Transitional housing.
(1) Transitional housing provides temporary housing with supportive services to individuals and families experiencing homelessness with the goal of interim stability and support to successfully move to and maintain permanent housing.
(2) Transitional housing projects can cover housing costs and accompanying supportive services for program participants for up to 24 months.
(3) Participants in a transitional housing project must have a signed lease, sublease, or occupancy agreement with the following requirements:
(a) An initial term of at least one month;
(b) Automatically renewable upon expiration, except by prior notice by either party; and
(c) A maximum term of 24 months.
(‘65 Code, § 9-3.848) (Ord. 455-C.S., passed 11-21-95; Am. Ord. 520-C.S., passed 11-4-03; Am. Ord. 535-C.S., passed 1-20-04; Am. Ord. 589 C.S., passed 2-1-11; Am. Ord. 590-C.S., passed 3-1-11; Am. Ord. 608-C.S., passed 5-10-14; Am. Ord. 631-C.S., passed 4-18-17; Am. Ord. 632-C.S., passed 5-2-17; Am. Ord. 709, passed 7-2-24)