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HomeMy Public PortalAboutOrdinance 1150ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AMENDING CHAPTER 17.02 "ADMINISTRATION", CHAPTER 17.03 "ZONING", CHAPTER 17.05 "OFF STREET PARKING AND LOADING STANDARDS", CHAPTER 17.10 "AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS", 17.11 "GENERAL DEVELOPMENT STANDARDS", CHAPTER 17.14 "DEFINITIONS", AND CHAPTER 17.19 "DOWNTOWN ZONE DISTRICTS" OF THE BEAUMONT MUNICIPAL CODE FOR IMPLEMENTATION OF THE STATE MANDATED HOUSING ELEMENT UPDATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, RIVERSIDE COUNTY, STATE OF CALIFORNIA AS FOLLOWS: SECTION 1. CEQA. The City Council finds that the actions contemplated by this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to 15061(b)(3), CEQA review is not required because there is no possibility that this Ordinance may have a significant effect upon the environment and the proposed text amendments constitute a minor alteration in a land use limitation under CEQA Guidelines Section 15305, and such a land use limitation is a permissible exercise of the City's zoning powers. SECTION 2. Severability. The City Council hereby declares that if any provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid or unconstitutional by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, such invalidity shall not affect the other provisions, sections, paragraphs, sentences, or words of this Ordinance, and to this end the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed, and the balance of the Ordinance enforced. SECTION 3. Prosecution of Prior Ordinances. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the City of Beaumont Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any penalty or the penal provisions applicable to any violation thereof. SECTION 4. The City Council hereby amends Title 17, Chapter 17.02 "Administration", Chapter 17.03 "Zoning", Chapter 17.05 "Off Street Parking and Loading Standards", Chapter 17.10 "Affordable Housing Incentives/Density Bonus Provisions", 17.11 "General Development Standards", Chapter 17.14 "Definitions", and Chapter 17.19 "Downtown Zone Districts" to include amendments to the Beaumont Municipal Code Zoning to read as specifically set forth in Exhibit "A", which Exhibit is attached hereto and made a part hereof. SECTION 5. Effective Date and Publication. The Mayor shall sign and the City Clerk shall certify to the passage of this Ordinance and cause the same or a summary thereof to be published within 15 days after adoption in accordance with Government Code Section 36933. This Ordinance shall take effect 30 days after adoption in accordance with Government Code Section 3 693 7. INTRODUCED AND READ for the first time and ordered posted at a regular meeting of the City Council of the City of Beaumont, California, held on the 20th day of September 2022, by the following roll call vote: AYES: Lara, Santos, Martinez, White NOES ABSENT Fenn ABSTAIN PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Beaumont, California, held on the 4th day of October 2022. AYES: Lara, Santos, Fenn, Martinez, White NOES: ABSENT: ABSTAIN: Lloyd White, M or Attest: City Clerk Approved as to form: Johfi O. Pinkney, City A orney TITLE 17-ZONING Chapter 17.02 ADMINISTRATION AND ENFORCEMENT Chapter 17.02 ADMINISTRATION AND ENFORCEMENT 17.02.010 Purpose and authority. The purpose of Chapter 17.02 is to outline those activities and/or procedures that will implement this Zoning Ordinance. The purpose of this section of the Zoning Ordinance is to accomplish the following: A. To identify each reviewing and approval authority within the City of Beaumont along with their powers, duties, and related information; B. To identify the steps necessary to obtain the requisite City approvals related to land use and development; C. To establish and identify the procedures for filing applications for permits and other approvals; and, D. To establish and identify the appeal process. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.020 Community Development Director duties and responsibilities. The Community Development Director shall be responsible for the enforcement of the Zoning Code and shall have the authority to undertake the activities and duties indicated in this section. A. The Community Development Director shall administer the Zoning Ordinance; B. The Community Development Director shall consider and approve administrative plot plan applications which are in conformance with applicable zoning standards and which do not require a public hearing; C. The Community Development Director shall review and make recommendations to the Planning Commission and the City Council on planning applications, land use and planning issues, or other activities as may be directed by the City Council, the Planning Commission, or the City Manager; D. The Community Development Director shall assist applicants in the submittal of development applications; and, E. The Community Development Director shall review and make recommendations to the Planning Commission and City Council on all applications and any attendant approvals and environmental documents. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.030 Planning Commission duties and responsibilities. The duties of the Planning Commission are outlined in this section. A. The Planning Commission shall instruct the Community Development Director to exercise administrative duties where applicable; B. The Planning Commission shall conduct public hearings to consider and make recommendations to the City Council regarding general plan amendments, zone changes, zone variances, and specific plans; Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 18 Created: 2022-05-02 10:29:26 [EST] C. The Planning Commission shall conduct public hearing to recommend approval (to the City Council) of all the tentative parcel maps and tentative tract maps; The Planning Commission shall consider the appeals of determinations made by the Community Development Director regarding site plan reviews, signage plans, and temporary use permits; and, E. The Planning Commission shall conduct public hearings to approve plot plans, variances and conditional use permits. Table 17.02-1 identifies the permits and approvals that may be necessary as required by this Zoning Code, as well as approving authority and appeal body. Table IZ02-1 Permit Approval Matrix Application staff Planning Commission City Council Conditional Use Permit Review Approval Appeal Final Map Review — Approval General Plan Amendment Review Recommendation Approval Lot Line Adjustment & Parcel Merger Approval Appeal Appeal Administrative Plot Plan Review Approval Appeal Appeal Plot Plan (without EIR) Review Approval Appeal Plot Plan (with EIR) Review Approval Appeal Sign Plans Approval Appeal Appeal Modification of Standards Approval Appeal Appeal Specific Plan Review Recommendation Approval Temporary Use Permit Approval Appeal Appeal Tentative Parcel Map Review Recommendation Approval Tentative Tract Map Review Recommendation Approval Variance Review Approval Appeal Zone Change Review Recommendation Approval Zoning Ordinance Review Recommendation Approval ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.040 Application process. Applications for permits, permit modifications, amendments, and other matters pertaining to the Zoning Code, shall be filed with the Planning Department on the appropriate City application form. The following procedures apply to the granting of a development application: A. Submittal Information. All plans, and any other information required by the Planning Department shall be submitted with the application form. Applications shall be completed by the owner(s) of properties, their agents, or other persons who have written authority from the property owner(s) to complete and file the application on the owner's behalf. Any person or authorized representative desiring a permit or approval required by this Title, shall file an application with the Planning Director or the designee on forms provided by the Planning Director. B. Pre -application Meeting. Prior to the filing of an application for any discretionary permit requiring approval by the Planning Commission or City Council, the applicant may request a pre -application (Supp. No. 6, Update 2) Page 2 of 18 Created: 2022-05-02 10:29:16 [EST] conference with the Community Development Director or the designee. The purpose of the pre - application conference is to advise the applicant of the development regulations applicable to the property for which the application is being filed and to review any preliminary site plan or other development plans the applicant may have prepared. C. Application is Deemed Completed. No application shall be processed until it is deemed complete by the Community Development Director or the designee. No application shall be deemed complete until all required information is provided in the required quantity and format. D. Concurrent Applications. Whenever more than one permit or approval is required for a proposed Project or use, all applications shall be filed and processed concurrently. All such related applications will be reviewed in accordance with the procedures set forth for the application requiring the highest level of review. E. Application Fees. Each applicant for a land use action authorized by this Zoning Ordinance shall pay those fees and costs as established by resolution of the City Council. F. Re -submittal of Application. Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, no new application for the same or similar request may be accepted within one year of the date of the denial, unless the Community Development Director finds that the conditions surrounding the application have sufficiently changed to warrant a new application. Changed conditions shall mean a substantial change in land use on properties in the vicinity, improved infrastructure in the vicinity, altered traffic patterns, or any such similar change resulting in a changed physical environment. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.050 Public hearings. For applications requiring a public hearing, upon accepting an application as complete, the Planning Director shall establish the time and place of the public hearing consistent with the requirements of this Section. The City Council shall have the authority to change the time or place of a hearing. The hearing body for any given matter shall be determined based upon the nature and type of permit as set forth in this Zoning Ordinance. However, in all cases, the hearing shall be held within 30 days of the date on which the application has been accepted as complete, unless a longer time period is required to accommodate the requisite environmental review under the provisions of the California Environmental Quality Act. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.051 Public hearings, noticing. The procedures for the noticing of public hearings are indicated in this section. A. Newspaper Publication. The notice of the public hearing shall be published in a newspaper of general circulation not less than ten days prior to the date of the hearing, or as prescribed in the California Environmental Quality Act where relevant. The notice shall include the time, place, and identity of the hearing body or officer, the nature of the application, the application number, and the location of the property under consideration. B. Notice to Surrounding Properties. Notice shall be given to all owners of property located within the designated radius of the exterior boundaries of the subject property pursuant to the requirements of the State of California Planning and Zoning Development Law. (Supp. No. 6, Update 2) Page 3 of 18 Created: 2022-05-02 10:29:16 [EST] C. Additional Notice. Additional notice of the hearing shall be provided in accordance with procedures established by the Planning Commission and as may be required under the California Environmental Quality Act. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.052 Public hearing, evidence of noticing. When notice of a public hearing is given, the documentation indicated in this section shall be deemed sufficient to serve as proof that such notice was given. A. Affidavit of Publication Required. When notice is given by publication, an affidavit of publication by the newspaper in which the publication was made is required. B. Affidavit of Mail Delivery Required. When notice is given by mail or other delivery, an affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mailing/delivery and the list of persons and groups to which the mailing/delivery was made. C. Failure to Comply. Failure to send notice to any property owner whose address is not on the most recent roll of the Riverside County Assessor shall not invalidate any of the proceedings. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.053 Public hearing, procedures. The conduct of the public hearing(s) must include the following elements identified in this section. A. Discretionary Review. At the public hearing, the authorized hearing body shall review the application and any pertinent materials submitted with the application, and any report prepared by the Community Development Director or his designee based on City staff's investigation of the application. B. The Applicant's Rights at Public Hearing. During any public hearing, the applicant for the application shall have the right to be represented to provide testimony and to present evidence. C. The Public's Rights at Public Hearing. All other persons shall have the right to comment on any relevant aspect of the application under consideration. D. Discretionary Action. Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement, the subject of the public hearing. E. Continuation of Public Hearing. If the action is taken to continue the item being considered or to take the matter under advisement, before adjournment or recess, the person presiding at the public hearing shall publicly announce the time and place to which the hearing will be continued. No further notice shall be required. F. Final Decision. The decision of the hearing body shall be considered final unless a decision is appealed. In all cases, the City Council shall represent the final authority. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.060 Appeals and revocations. An applicant is afforded the right to appeal a decision made by the Community Development Director and/or the Planning Commission. The appeals procedures are indicated in this section. (Supp. No. 6, Update 2) Page 4 of 18 Created: 2022-05-02 10:29:16 [EST] A. Appeal of Community Development Director's Decision. Decisions of the Community Development Director, authorized by this Zoning Ordinance, may be appealed to the Planning Commission. All such appeals shall be filed in writing with the Secretary of the Planning Commission. B. Appeal of Planning Commission Decision. All actions and decisions of the Planning Commission, authorized by this Zoning Ordinance, may be appealed to the City Council. All such appeals shall be filed in writing with the City Clerk. C. Persons Eligible to File an Appeal. Any person may appeal a decision or action of the Community Development Director or Planning Commission, in accordance with the terms of this Zoning Ordinance. D. Time Limit for Filing an Appeal. All appeals must be filed within 15 calendar days of the date of the rendering of the decision. If the 15th day occurs on a holiday or weekend, the appeal period shall be extended to the next City workday. No appeal shall be accepted after the appeal period has expired. E. Appeals Form. All appeals must be submitted in writing on the appropriate form provided by the City. The appeal must specifically state the grounds for the appeal and instances in which the review body erred in reaching the particular determination subject to the appeal. F. Payment of Fees. A fee shall be paid concurrent with filing of the appeal in accordance with the fee schedule established by resolution of the City Council. G. Scheduling of Public Hearing. Within 15 days upon receipt of an appeal, the Planning Commission Secretary (in the case of an appeal of a Community Development Director decision) or the City Clerk (in the case of an appeal of a decision by the Planning Commission) shall set the matter for public hearing. The hearing shall be noticed as provided for in Section 17.42. H. Findings. All actions to affirm, reverse, or modify in whole or part any decision of the Community Development Director or Planning Commission shall be made with supporting findings for the affirmation, reversal, or modification. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.061 Revocations and right of revocation. Upon determination that there has been a violation of the terms or conditions of any permit or approval granted under this Zoning Ordinance; or if a determination is made that a permit or approval was obtained by deception or fraud, or represents a public nuisance; or the use subject to the approval no longer exists; or the permit or approval has not been activated in accordance with the terms of this Title 17, the Community Development Director shall have the authority to initiate revocation proceedings. A. Public Hearing Required for Revocation. The Community Development Director shall schedule a hearing before the Planning Commission for the purpose of considering revocation of the permit or approval. In the case where the Planning Commission's original action consisted of a recommendation to the City Council, the Planning Commission's action on the revocation shall also consist of a recommendation to the City Council, and the City Council shall have the authority to revoke the permit or approval. B. Written Notice to Permittee. At least 30 days prior to the revocation hearing, the permittee (the owner of the property, use, or business subject to the revocation) subject to the revocation hearing shall be given written notice of the City's intent to conduct the hearing. The notice to the permittee shall be served either in person or by registered mail, return receipt requested. C. Public Notice. At least ten days prior to the revocation hearing, public notice of the hearing shall be given in the same manner as was required for the original permit or approval. (Supp. No. 6, Update 2) Page 5 of 18 Created: 2022-05-02 10:29:16 [EST] D. Evidence in Support of Motion. At the hearing, the Community Development Director shall present evidence supporting the motion for the revocation of the permit or approval. The permittee shall be given the opportunity to present reasons why the permit or approval shall not be revoked. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.070 Plot plans. A plot plan permit shall be required of any party proposing to establish a new land use, or to assume an existing use, consistent with the zoning of the proposed location of the use, prior to the use and occupancy of any property for such land use. The purpose of a plot plan permit is to implement the provisions of the Zoning Ordinance and to protect the character and integrity of residential, commercial and industrial areas in the City. Plot plan applications shall be processed by the Community Development Director and shall entail a review of the configuration, design, location and impact of the proposed use by comparing the use to established standards and design guidelines in order to determine whether the permit should be approved. The Community Development Director is empowered to grant and deny administrative plot plan applications for projects which entail use and occupancy of existing facilities and to impose reasonable conditions upon the granting of such permits. The Planning Commission is empowered to grant and deny plot plan applications for projects, and to impose reasonable conditions upon the granting of such permits. A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a plot plan permit. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to acceptance of any application. B. Type of Plot Plan Application. The Community Development Director shall determine the type and scope of application required of any applicant for a proposed use. An administrative plot plan application, not requiring a public hearing, shall be required for the following: a. Occupancy or assumption of an existing use or business which conforms to this Zoning Ordinance. b. Site plans for a single-family dwelling unit on an existing legal lot and other residential projects with two to four dwelling units on one legal lot. C. Development plans that are exempt from the California Environmental Quality Act. d. Model home complexes and temporary real estate sales offices used exclusively for the first sales of homes. e. Temporary uses, unless a conditional use permit is required or the Community Development Director determines that Planning Commission approval is required due to the uniqueness, size, and/or location of the proposed temporary event. 2. A plot plan application, requiring a public hearing conducted by the Planning Commission, shall be required for the following: a. Any use which is subject to the provisions of the California Environmental Quality Act. b. Any use which exceeds the limitations applicable to the administrative plot plan application process, as set forth in this Zoning Ordinance (Section 17.02.070(B)1). C. Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040). (Supp. No. 6, Update 2) Page 6 of 18 Created: 2022-05-02 10:29:16 [EST] D. Review of Application by Community Development Director. The Community Development Director or his designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate. For administrative plot plan applications, the Community Development Director shall render a decision in writing without notice or hearing. For plot plan applications, the Community Development Director or his designee shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the applicant prior to any scheduled public hearing on the application. E. Planning Commission Public Hearing. For plot plans acted upon in accordance with Section 17.02.070.B.2, a public hearing of the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated and maintained, particularly with respect to the findings prescribed in Subsection G of this section (Findings of Approval). F. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations). G. Findings of Approval. The Planning Commission may approve and/or modify a plot plan permit in whole or part, with or without conditions, provided that all of the following findings of fact are made: 1. The proposed use is permitted, or is substantially similar to a use permitted, within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance; 2. The proposed use is consistent with the objectives, policies, general land uses and programs of the general plan and any applicable specific plans; 3. The subject site is physically suitable for the type and intensity of the proposed land use; 4. The location, size, design and operating characteristics of the proposed use is compatible with existing land uses within the general area in which the proposed use is located; 5. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed land use would not be detrimental to the public convenience, health, safety or general welfare; 6. The approval of the plot plan permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and there would be no significant adverse impacts upon environmental quality and natural resources that cannot be reasonably mitigated and monitored. Imposition of Conditions of Approval. In granting a permit, the Community Development Director or Planning Commission may impose such conditions as deemed necessary to ensure that the public health, safety and general welfare are protected and that the proposed use is not a detriment to the community. All conditions shall be binding upon the applicant, heirs, successors, or assignees. Plot Plan Time Limits. The grantee of a plot plan permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the plot plan permit shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued towards completion of the project. 2. In the event that no building permit is required, a certificate of occupancy and/or business license has been issued for the use. (Supp. No. 6, Update 2) Page 7 of 18 Created: 2022-05-02 10:29:16 [EST] J. Plot Plan Lapse in Time. A plot plan permit subject to lapse may be renewed up to one additional year, provided that the applicant files an application for renewal with the Planning Director prior to the expiration date, and subject to consideration in a public hearing. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.080 Zone changes. In recognition of that fact that physical, economic, and other conditions in the City may change over time, provisions are hereby made to allow for amendments to the zoning map and Zoning Ordinance text in accordance with the procedures outlined in this Section. All such changes of zone or zoning ordinance text amendments shall be adopted in the manner in which other City ordinances are adopted. A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate applications for a change of zone or zoning ordinance text amendment. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. B. Zone Changes for Properties Under Multiple Ownership. In the case of a change of zone application, if the property for which the change of zone is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application. C. City Council Initiated Zone Change. The City Council may initiate an application to change the boundaries of any zone district or to amend the text of the zoning ordinance. D. Planning Commission Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Chapter 17.02 (Sections 17.02.051 to 17.02.053). E. Recommendation of Zone Change by Planning Commission. The Planning Commission shall recommend to the City Council approval, approval with modifications, or denial of the proposed application. The Commission's recommendation shall be transmitted to the City Clerk for scheduling the matter for consideration by the City Council. F. Denial of Zone Change by Planning Commission. Upon receipt of a Planning Commission recommendation for denial of a change of zone, the City Clerk shall place the Commission's recommendation on the City Council agenda as a receive -and -file item. The Commission's decision shall be considered final and no further action by the Council will be required unless an appeal is filed in accordance with the provisions of this Zoning Ordinance (Section 17.02.060, Appeals), or unless the Council chooses to set the matter for hearing. G. City Council Public Hearing. Upon receipt of a Planning Commission resolution recommendation for approval of a change of zone or zoning ordinance amendment, or denial of a zoning ordinance text amendment, the City Clerk shall set the matter for hearing before the City. At the hearing, the City Council shall review the Commission's recommendation and receive evidence as to how or why the proposed change of zone or zoning ordinance text amendment is consistent with the objectives of this Zoning Ordinance, the City of Beaumont General Plan, and development policies of the City. The City Council shall act to approve or deny the application by resolution. Referral of Matter Back to the Planning Commission. If the Council proposes any substantial modification to the application not previously considered by the Planning Commission, the Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Commission to act within 40 days of receiving the Council's request shall provide the Council with authority to act without the Commission's recommendation. (Supp. No. 6, Update 2) Page 8 of 18 Created: 2022-05-02 20:29:16 [EST] I. Approval of Zone Change by City Council. The City Council shall be required to make the following findings of fact before approving a change of zone or zoning ordinance text amendment: 1. That the proposed change of zone or zoning ordinance text amendment is consistent with the goals, policies, and objectives of the General Plan; and 2. That the proposed change of zone or zoning ordinance text amendment will not adversely affect surrounding properties; and 3. That the proposed change of zone or zoning ordinance text amendment promotes public health, safety, and general welfare and serves the goals and purposes of this Zoning Ordinance. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.090 General plan amendments. This Section is established pursuant to Section 65358 of the California Government Code, to allow for the amendment of the City of Beaumont General Plan. A. Providing Proof of Vested Interest. Applications to amend the General Plan text or maps may be initiated by any person,who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply, prior to the acceptance of any application. B. General Plan Amendments for Properties Under Multiple Ownership. In the case of a proposed amendment to the General Plan land use policy map, if the property for which the amendment is proposed is in more than one ownership, all owners or their authorized agents shall be required to sign the application. C. City Council Initiated General Plan Amendment. The Community Development Director and/or City Council may initiate an application to amend the General Plan. D. Planning Commission Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of Section 17.02.051. At the public hearing, the Planning Commission shall review the application and proposal and receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Title 17, the balance of the General Plan, and development policies of the City. E. Planning Commission Action. The Planning Commission shall act to recommend to the City Council approval, approval with modifications, or denial of the proposed application. A majority vote of the entire Planning Commission is required to recommend approval or approval with modifications. The Planning Commission's action shall include its recommendation and shall be transmitted to the City Clerk for scheduling the matter for public hearing before the City Council. F. City Council Public Hearing. Upon receipt of a Planning Commission resolution, the City Clerk shall set the matter for hearing before the City Council as provided for in Section 17.42 [17.02.050] (Public Hearings). At the hearing, the City Council shall review the Commission's recommendation and may receive evidence as to how or why the proposed General Plan amendment is consistent with the objectives of this Zoning Ordinance, the balance of the General Plan, and development policies of the City. G. City Council Action. The City Council shall act to approve or deny the application. A majority vote of the entire Council is required to amend the General Plan. The City Council's action to amend the General Plan shall be by formal resolution. (Supp. No. 6, Update 2) Page 9 of 18 Created: 2022-05-02 10:29:16 [EST] H. Referral of General Amendment to the Planning Commission. If the City Council proposes any substantial modification to the application not previously considered by the Planning Commission, the City Council shall refer the matter back to the Commission for consideration. No public hearing shall be required. Failure of the Planning Commission to act within 40 days of receiving the City Council's request shall provide the City Council with authority to act without the Planning Commission's recommendation. I. Required Findings. Prior to approving a General Plan amendment, the City Council shall make the following findings: 1. That the proposed amendment is in the public interest, and that there will be a community benefit resulting from the amendment; 2. That the proposed amendment is consistent with the other goals, policies, and objectives of the General Plan; 3. That the proposed amendment will not conflict with provisions of the zoning ordinance or subdivision regulations; and 4. In the event that the proposed amendment is a change to the land use policy map, that the amendment will not adversely affect surrounding properties. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.100 Conditional use permits. The City recognizes that certain uses, due to the nature of use, intensity, or size, require special review to determine if the use proposed, or the location of that use, is compatible with surrounding uses, or through the imposition of development and use conditions, can be made compatible with surrounding uses. The conditional use permit is provided for this purpose. The Planning Commission is empowered to grant and deny applications for conditional use permits and to impose reasonable conditions upon the granting of such permit. A. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a conditional use permit. The authorized agent of any person with a legal vested interest may also initiate an application. Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. B. Scope of Application. Applications for conditional use permits may be submitted only for those uses specified as allowable conditional uses in the applicable zone district. A conditional use permit is not a substitute for a change of zone or zoning ordinance text amendment. C. Filing of Application. The application shall be filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.040). D. Review of Application by Community Development Director. The Community Development Director or his designee, shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application. E. Planning Commission Public Nearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed use and the proposed conditions under which it would be operated or (Supp. No. 6, Update 2) Page 10 of 18 Created: 2022-65-02 10:29:16 [EST] maintained, particularly with respect to the findings prescribed in subsection G of this section (Required Findings). F. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of this Zoning Ordinance (Section 17.02.060 Appeals and Revocations). G. Findings of Approval. The Planning Commission may approve and/or modify a conditional use permit in whole or in part, with or without conditions, provided that all of the following findings of fact are made: 1. The proposed use is one conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this Zoning Ordinance; 2. The proposed use would not impair the integrity and character of the zone in which it is to be located; 3. The subject site is physically suitable for the type of land use being proposed; 4. The proposed use is compatible with the land uses presently on the subject property; 5. The proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located; 6. There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety; 7. There would be adequate provisions for public access to serve the subject proposal; 8. The proposed use is consistent with the objectives, policies, general land uses, and programs of the City of Beaumont General Plan; 9. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare; and 10. The proposed design and elevations preserve and maximize the image, character, and visual quality of the neighborhood. 11. The Planning Commission shall find that the proposed use does not have a disproportionately high and adverse human health or environmental effect on minority and low-income populations. 12. This subsection G shall apply only to the uses identified in Chapter 17.03. This subsection shall not invalidate any conditional use permit for an operating facility but shall be complied with prior to issuance of a building permit for all projects for which no building permit has been issued upon the effective date of this provision. 13. Group or Community Care Facilities, regardless of size, shall only be required to comply w. objective standards and. findings for approval. Imposition of Conditions of Approval. The following provisions shall apply with respect to the imposition of conditions of approval: 1. In granting a conditional use permit, the Planning Commission may impose such conditions as it deems necessary to ensure that the public health, safety, and general welfare are protected and that the proposed operation is not a detriment to the community. 2. All conditions shall be binding upon the applicant, heirs, successors, or assignees and shall restrict the construction, location, maintenance, and use of all land within the development. (Supp. No. 6, Update 2) Page 11 of 18 Created: 2022-05-02 10:29:16 [EST] 3. A deed restriction may be recorded with the County Recorder of Riverside County, as approved by the City Attorney, regarding the conditions of this section and other requirements of the conditional use permit. Conditional Use Permit, Attachment, Suspension, and Revocation. A conditional use permit that is valid and in effect and granted pursuant to the provisions of this Title 17 shall be valid only on the property for which it was granted and shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a conditional use permit pursuant to provisions set forth in Section 17.02.61. Conditional Use Permit Time Limits. The grantee of a conditional use permit shall have one year from the effective date of the permit to establish a right to use the permit; otherwise, the conditional use permit shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the conditional use permit was approved; or 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the conditional use permit was approved; or 3. In the event no building permit or occupancy is required, the site for which the conditional use permit was approved is occupied and used for the permitted purpose; or 4. Prior to the date on which the conditional use permit will elapse, the grantee files an application to renew the permit pursuant to subsection K below. K. Conditional Use Permit Lapse in Time. A conditional use permit subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. A public hearing before the Planning Commission shall be required. L. Conditional Use Permit Renewal. The Planning Commission may grant or deny an application for renewal of a conditional use permit. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the conditional use permit and surrounding properties. M. Lapsing in Conditional Use Permit. If any conditional use permit fails to be actively exercised for a continuous 180-day period, the permit shall lapse and become void. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.110 Variances. The variance procedure is provided pursuant to Section 65906 of the California Government Code to grant relief from zoning provisions when, because of special circumstances applicable to a property, including size, shape, topography, location, or surroundings, the strict application of this Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under the identical zoning classification. A. Limitations in Variances. Variances shall not be granted to authorize a use or activity on a property that is not otherwise expressly authorized by the provisions of this Zoning Ordinance governing that property. A variance is not a substitute for a zone change, zone text amendment, or conditional use permit. Financial hardship in and of it does not represent grounds on which to file a variance application to gain relief from zoning provisions. (Supp. No. 6, Update 2) Page 12 of 18 Created: 2022-05-02 10:29:16 [EST] B. Providing Proof of Vested Interest. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a variance. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. C. Notice of Public Hearing. An application shall be filed pursuant to the provisions of Section 17.02.051. D. Filing of Application. In addition to the application filing requirements established in this Zoning Ordinance, the applicant shall file a statement of the precise nature of the variance requested and the practical difficulty or unnecessary physical hardship that would result from the strict or literal interpretation of this ordinance, together with any other data pertinent to the application and the making of requisite findings (Section 17.02.040). E. Review of Application by Community Development Director. The Community Development Director shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The report shall be provided to the Planning Commission and the applicant prior to any scheduled public hearing on the application. F. Public Hearing. A public hearing before the Planning Commission shall be noticed and conducted pursuant to the provisions of this Zoning Ordinance (Section 17.02.051). At the public hearing, the Planning Commission shall review the application and proposal and receive evidence concerning the proposed variance and the conditions which make compliance with specific provisions of this ordinance difficult. G. Planning Commission Action. The Planning Commission shall act to approve, conditionally approve, or deny the application. The decision of the Planning Commission shall become effective immediately upon its rendering, unless an appeal is filed pursuant to the provisions of Section 17.02.060 (Appeals and Revocations). H. Findings of Approval. In granting a variance, the Planning Commission must make all of the following findings: 1. That the strict or literal interpretation and application of this Zoning Ordinance would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this Zoning Ordinance, or would deprive applicants of privileges granted to others in similar circumstances; and 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or the intended development of the property that do not apply generally to other property in the same zone; and 3. That the granting of such variance will not constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone; and 4. That the granting of such variance will not be materially detrimental to the public health, safety, or general welfare nor injurious to property or improvements in the zone or neighborhood in which the property is located; and 5. That the granting of such variance will not create any inconsistency with any objective contained in the General Plan. Imposition of Conditions of Approval. A variance that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. (Supp. No. 6, Update 2) Page 13 of 18 Created: 2022-05-02 10:29:16 [EST] J. Conditions of Approval will be Binding. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a variance pursuant to provisions set forth in Section 17.02.61. K. Time Limits. The grantee of a Variance shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the variance shall lapse and become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the variance was approved; or 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the variance was approved; or 3. In the event no building permit or occupancy is required, the site for which the variance was approved is occupied; or 4. Prior to the date on which the variance will elapse, the grantee files an application to renew the permit pursuant to subsection L below. L. A variance subject to lapse may be renewed up to an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. M. The Planning Commission may approve or deny an application for renewal of a variance. As part of its action, the Commission may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the variance and surrounding properties. ( Ord. No. 1128 , § 2(Exh. B), 12-1-2020) 17.02.120 Modification of standards. The modification of standards procedure is established to grant minor relief from development standards, under limited circumstances, when the granting of such relief will provide for better design and function of the structure, or addition to a structure, proposed. A. Use of Modification of Standards. An application for the purposes of this Section, a modification of standards application shall be filed whenever any one of the following deviations from the provisions of this Title 17 is proposed: 1. A decrease of not more than 20 percent of the minimum required setback area. 2. An increase of not more than ten percent of the maximum permitted building height. 3. Any deviation in the permitted maximum height or location of a fence or wall. 4. An increase of not more than ten percent of the maximum permitted lot coverage. 5. A decrease of not more than 20 percent of the minimum usable open space requirement. 6. Any deviation in the applicable development standards of not more than 20 percent to allow for improved productivity of solar energy systems. 7. A decrease of not more than 20 percent of the minimum number of required parking spaces. a. If a fractional number is obtained with this calculation, the number of parking spaces that may be reduced shall be rounded up to the next highest whole number, except that the parking requirement shall not be reduced to zero (e.g., if two to four parking spaces are required, a minor modification approval could reduce the requirement by one parking space). (Supp. No. 6, Update 2) Page 14 of 18 Created: 2022-05-02 10:29:16 [EST] 8. Modifications in excess of those cited in subparagraph 1 through 7 above shall require a variance. B. Modification of Standards, Initiation. Any person who is able to demonstrate a legal vested interest in the proposed application may initiate an application for a modification of standards. The authorized agent of any person with a legal vested interest may also initiate an application. The Community Development Director may request proof of ownership or authorization to apply prior to the acceptance of any application. In addition to the application filing requirements, the applicant shall file a statement of the precise nature of the modification of standards requested and reasons for the request. C. Community Development Director Investigation. The Community Development Director or the designee shall investigate the application and proposal, including the analysis of precedent cases as appropriate, and shall prepare a report outlining facts and a recommendation relating to the application. The Community Development Director may request written statements from adjoining property owners who may be affected by the proposed application. D. Community Development Director Action. Based on the investigation undertaken pursuant to C above, the Director or designee shall act to approve, approve with conditions, or deny the modification of standards application. In granting a modification of standards, the Director or designee shall make findings of fact that establish the circumstances appropriate for the approval. Action on a modification of standards application shall be taken within ten days of the date the application is deemed complete. E. Modification of Standards Findings. An application shall not be granted unless all of the following findings can be made: 1. A modification is needed to allow property to be used in a more beneficial manner; and 2. A modification would not be detrimental to public health, safety, or general welfare or to surrounding property owners or the community; and 3. The granting the modification would not grant special privileges to the applicant not enjoyed by surrounding property owners; and 4. There are physical circumstances due to the shape or condition of the property which would result in hardship under existing regulations; and 5. The purpose of modification is not based exclusively on the financial advantage of the owner; and 6. The alleged difficulties were not created by the owner; and 7. The modification would not diminish property values in the area; 8. The modification would not increase traffic or endanger public safety; and, 9. The modification would not have detrimental effects on adjoining properties. Modification of Standards, Attachment, Revocation, and Suspension. A modification of standards that is valid and in effect and granted pursuant to the provisions of this Zoning Ordinance shall be valid only on the property for which it was granted and only for the improvements for which it is granted and further, shall continue to be valid upon change of ownership of the property or any lawfully existing building or structure on the property. The Community Development Director shall have the authority to initiate proceedings to suspend or revoke a modification of standards pursuant to provisions set forth in Section 17.02.61. G. Modification of Standards, Time Limits. The grantee of a modification of standards shall have one year from the effective date of the approval to establish a right to use the approval; otherwise, the approval (Supp. No. 6, Update 2) Page 15 of 18 Created: 2022-05-02 10:29:16 [EST] shall lapse and shall become void. For the purposes of this section, such a right shall be established if either: 1. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the modification of standards was approved; or 2. In the event no building permit is required, a certificate of occupancy has been issued for the structure for which the modification of standards was approved; or 3. In the event no building permit or occupancy is required, the site for which the modification of standard was approved is occupied; or 4. Prior to the date on which the modification of standards will elapse, the grantee files an application to renew the permit pursuant to subsection 5 below. 5. A modification of standards approval subject to lapse may be renewed for an additional one-year period, provided that the application for renewal is filed with the Planning Department prior to the expiration date. H. Approval or Denial of Application. The Community Development Director may approve or deny an application for renewal of a modification of standards. As part of the action, the Director may also modify existing conditions of approval or add new conditions to reflect any change in circumstances related to the modification of standards and surrounding properties. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.125 Certificates of appropriateness. This purpose of this section is to provide various levels of historic protection and review and to preserve existing elements of historic resources in the City. The City's intent is to be lenient in its review of plans for structures which have little or no historic value, or of plans for new construction, unless such plans would impair the historic value of surrounding structures. The establishment of a certificate of appropriateness is intended to protect structures of historic significance including areas of architectural, cultural, historic, economic, political, and social importance from the adverse effects of any alteration, demolition, or removal. A. Applicability. 1. A certificate of appropriateness is required for the exterior alteration, demolition, removal, or relocation of any historic resource or potential historic resource. A historic resource includes: a. A resource identified in a City -approved historic or cultural resources study; A structure over 50 years old; and/or C. A structure potentially eligible for registration on a local, state, or national register. 2. The following activities do not require approval of a certificate of appropriateness: (Supp. No. 6, Update 2) Painting, routine maintenance, or minor repair, as determined by the Director to be consistent with existing colors and materials and not to have an adverse effect on the integrity of the historic resource. Such work includes: 1. Alterations to the interior of the structure that do not have the possibility of adversely affecting the integrity of the historic resource; 2. Repairing pavement or repaving flat concrete work that is not considered a character -defining feature of the historic resource; Page 16 of 18 Created: 2022-05-02 10:29:16 [EST] 3. Landscaping, unless the landscaping is considered a character -defining feature of the historic resource; 4. Construction, repair, demolition, or alterations to other structures on the property not determined to qualify as a historic resource; 5. Re -glazing windows; 6. Replacement of incompatible windows or doors with more historically appropriate windows or doors; 7. In -kind replacement of windows and doors on side and rear fagades not readily visible from the public right-of-way; 8. Minor changes to front and street side fences; 9. Construction, repair, demolition, or alterations to side and rear yard fences; 10. Roofing work, if there is minimal change in roof structure and exterior appearance; 11. Foundation work, if there is minimal change in exterior appearance; and/or 12. Repair of exterior siding, if consistent in material, size, and orientation to existing or proven historic siding. B. Review Procedure. 1. Community Development Director review. Minor modifications that do not involve new construction, additions to existing structures, or demolition of existing structures shall be subject to review and approval or denial by the Director. 2. Planning Commission review. All other modifications that do not meet the criteria for Director review as specified above shall be subject to review and approval or denial by the Commission. The Commission shall conduct a public hearing on the request in compliance with Section 17.02.053 (Public hearing, procedures). Notice. Noticing for a certificate of appropriateness shall be provided in compliance with Section 17.02.051(Public hearings, noticing); however, the notice for a certificate of appropriateness subject to Director review shall state the following: a. The Director will decide whether to approve or deny the certificate of appropriateness on a date specified in the notice; and A public hearing will be held by the Director only if requested in writing by any interested person before the specified date for the decision. Community Development Director public hearing. If a public hearing is requested in writing for a certificate of appropriateness application subject to Director review, the Director shall schedule the hearing which shall be noticed and conducted in compliance with Chapter 17.02.053 (Public hearing, procedures). If no public hearing is requested, the Director shall render a decision on the date specified in the public notice. C. Findings of Approval. The review authority shall approve, with or without conditions, a certificate of appropriateness only after the following findings are made: 1. Either, (a) the proposed work will neither adversely affect the significant features or character of a historic resource, or (b) a statement of overriding considerations has been adopted by the review authority finding that the benefits of the proposed work outweigh the impact on historic resources; and (Supp. No. 6, Update 2) Page 17 of 18 C-eated: 2022-05-02 10:29:16 [EST] 2. The proposed project is consistent with the General Plan and any applicable specific plan D. Unsafe or Dangerous Conditions. None of the provisions of this section shall be construed to prevent any alteration or demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the Building Official or the Fire Chief and where the proposed measures have been declared necessary by such official to correct such conditions. Work shall be performed in compliance with the current adopted version of the Uniform Code for the Abatement of Dangerous Buildings. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed without compliance with this section. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.130 Enforcement. This section outlines the procedures to ensure that the provisions of this Title are enforced. A. Special Prosecutor Responsibilities. The Special Prosecutor, upon the request of the City Council, shall institute any necessary legal proceedings to enforce this Zoning Ordinance (Title 17). The Special Prosecutor shall be authorized, in addition to any other remedy provided in this Zoning Ordinance to institute an action for an injunction to restrain or any other appropriate action or proceedings for enforcement. B. Clarification of Ambiguity. If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this Zoning Ordinance, or if ambiguity exists with respect to matters of height, yard requirements, area requirements, or zone boundaries as set forth herein, it shall be the duty of the Community Development Director to ascertain all pertinent facts, and to set forth in writing the findings and the interpretations. The Director can refer the matter to the Planning Commission as a scheduled matter not requiring public hearing, and the findings and interpretations of the Planning Commission shall be set forth in the recorded minutes. Thereafter, such interpretations shall govern. C. Enforcement and Penalty for Violation. The Planning Commission, the Community Development Director, the City Attorney, the City Clerk, and all officials charged with the issuance of licenses or permits shall enforce the provisions of this Zoning Ordinance. Any permit, certificate, or license issued in conflict with the provisions of this Zoning Ordinance shall be void. D. Actions Deemed a Nuisance. Any building or structure erected or maintained, or any use of property contrary to the provisions of this Zoning Ordinance shall be declared to be unlawful and a public nuisance, subject to abatement pursuant to the City of Beaumont Municipal Code. E. Remedies. All remedies concerning this Zoning Ordinance shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, or improvements, and shall not prevent the enforced correction or removal thereof. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.02.140 Reserved. (Supp. No. 6, Update 2) Page 18 of 18 Created: 2022-05-02 10:29:16 [EST] TITLE 17 - ZONING Chapter 17.03 ZONING MAP AND ZONE DISTRICTS Chapter 17.03 ZONING MAP AND ZONE DISTRICTS 17.03.010 Purpose and authority. The purpose of this Chapter 17.03 is to accomplish the following: • To implement the Community Development Element of the City of Beaumont General Plan and the Land Use Policy Map; • To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map; • To indicate the development standards for each of the Zone Districts; and • To identify the range of uses permitted within each Zone District. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.020 Establishment of zone districts. For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the corporate boundaries of the City of Beaumont: Recreation/Conservation Zone (R-C Zone) Residential, Rural Zone (R-R Zone) Residential, Single Family Zone (R-SF Zone) Residential, Traditional Neighborhood Zone (R-TN Zone) Residential, Multiple -Family Zone (R-MF) Urban Village Zone (UV Zone) Commercial, Neighborhood Zone (C-N Zone) Community Commercial Zone (C-C Zone) Manufacturing Zone (M Zone) Public Facilities Zone (P-F Zone) Overlay Zones (O Zone) Specific Plan (SP Zone) Additional zone classifications that apply to Downtown Beaumont are provided in Chapter 17.19. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.030 Zoning map. The location and boundaries of the various zones are delineated on the zoning map of the City of Beaumont. All property within the City, public and private, is assigned a specific Zone designation and its location and extent is Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 39 Created: 2022-05-02 10:29:17 [EST] noted on the official zoning map. The use of all property must be in accordance with the Zoning designations delineated on the zoning map and pursuant to the provisions of this Zoning Code. A. Use of Zoning Map and Classifications. The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance. B. Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply: 1. Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. 2. Easements and Rights -of -Way. Dedicated streets, alleys, freeways, or railroad rights -of -way shall be deemed to be unclassified. 3. Vacated or Abandoned Property. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the Zoning of the adjoining property on each side. 4. Amendments to the OfficialZoning Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the zoning map shall be noted on the Map with the date of the amendment and references to the amending ordinance. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.040 Recreation/Conservation Zone (R-C Zone). The Recreation/Conservation Zone is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity. A. Recreation/Conservation Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section. Recreation/Conservation Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a conditional use permit. C. Recreation/Conservation Zone, Development Standards. The following standards shall apply to the Recreation/Conservation Zone (R-C Zone): 1. Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Setbacks and Yards. All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a plot plan or conditional use permit for structural development. 3. Building Height. In the RC Zone the maximum height of any building shall not exceed two stories or 35 feet, whichever is less. D. Recreation/Conservation Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Recreation/Conservation Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. (Supp. No. 6, Update 2) Page 2 of 39 Created: 2022-05-02 10:29:16 [EST] Recreation/Conservation Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.050 Residential, Rural Zone (RR Zone). The Residential, Rural Zone (R-R Zone) is intended to provide for and encourage the development of agriculturally oriented low density residential development to take advantage of the rural environment. A. Residential, Rural Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Rural Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Residential, Rural Zone, Development Standards. The following standards shall apply to the Residential, Rural Zone (R-R Zone): 1. Lot Area. The lot sizes shall not be less than 40 acres. 2. Setbacks and Yards. Minimum yard requirements shall be 25 feet for the front yard, ten feet for the side yard, and 20 feet for the rear yard. A minimum setback of 50 feet shall be provided along property lines adjoining the R-C Zone. Building Height. In the R-R Zone the maximum height of any building shall not exceed two stories or 26 feet, whichever is less. D. Residential, Rural Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Residential, Rural Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Residential, Rural Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.060 Residential, Single -Family Zone (R-SF Zone). The Residential, Single -Family Zone (R-SF Zone) is intended to protect established neighborhoods of one - family dwellings and to provide space in suitable locations for additional residential, single-family development. To increase access to shopping, services, and amenities, the R-SF Zone allows for limited, appropriately located neighborhood supporting uses in specific locations. A. Residential, Single -Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Single -Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. Residential, Single -Family Zone, Development Standards. The following standards shall apply to the Residential, Single -Family Zone (R-SF Zone): 1. Lot Area and Dimension. The minimum lot area for lots within this zone is 7,000 square feet. (Supp. No. 6, Update 2) Page 3 of 39 Created: 2022-05-02 10:29:26 [EST] 2. Setbacks and Yards. The following setback requirements are applicable to the Residential, Single - Family Zone (R-SF Zone): a. Front Yard Setbacks. The minimum front yard setback is 20 feet for single level structures and 20 feet for two level structures. In no event shall a residence be situated in such a manner as to result in a distance of less than 20 feet between the back of a sidewalk and the face of a garage door. b. Rear Yard Setbacks. The minimum rear yard setback for single level structures is 20 feet except for those interior lots that border on an alley. A minimum rear yard setback of five feet is permitted for an accessory structure used for enclosed parking. The minimum rear yard setback for a two -level residential structures is 20 feet. C. Side Yard Setbacks. Interior side yard setbacks shall not be less than five feet on each side except that on interior lots of 70 feet or greater in width, side yard setbacks shall be at least five feet in width on one side and ten feet in width on the other side. Two story residences shall have a ten -foot side yard setback regardless of parcel width. Corner lots shall have a street side yard of at least ten feet from each side yard property line. d. Setbacks for Accessory Structures. Accessory structures, including second and guest units (as may be permitted by this Ordinance), detached garages, outbuildings, sheds, gazebos, and patios, shall comply with the front and side setback regulations applicable to the R-SF Zone. Such structures may be located in the rear yard areas subject to the following limitations: 1. The height of any accessory structure shall not exceed the height of the principal residence on the site. 2. Single -story accessory structures shall be located a minimum of ten feet from the principal residential structure; two-story accessory structures shall be located a minimum of 20 feet from the principal residential structure. 3. A minimum rear setback of ten feet shall be maintained for any accessory structure. 4. An accessory structure, or the total of all accessory Structures, shall in no event occupy more than 25 percent of the lot. e. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Building Height. In the Residential, Single -Family Zone (R-SF Zone), the maximum height of any building shall not exceed 35 feet or two stories, whichever is less. Table 17.03-2 Setback (Yard) Requirements for Residential, Single -Family Zone (RSF Zone) Yard Single Level Two -Level Front Yard 20 ft. 20 ft. Rear Yard 20 ft. for interior lots 20 ft. 5 ft. for accessory structures used exclusively for parking Side Yard' S ft. for interior lots <70 ft. in width 10 ft. 10 ft. on one side and 5 ft. on the other side for interior lots >70 ft. in width (Supp. No. 6, Update 2) Page 4 of 39 Created: 2022-05-02 10:29:16 [EST] 10 ft. for corner lots (street side yard) 1 For commercial uses in the SFR Zone, a 25-foot side yard setback applies when adjacent to a residential use 4. F1oorArea Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only. (Supp. No. 6, Update 2) MMMIMM ._ .. . ........ . ...... . .... --' -- i Page 5 of 39 Created: 2022-05-02 10:29:16 [EST] €D. Residential, Single -Family Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Residential, Single -Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. GF. Residential, Single -Family Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. #G. Pedestrian Access. Development projects that include 20 or more residential units shall provide on -site pedestrian connections to public sidewalks and transit stops. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.065 Residential, Traditional Neighborhood (R-TN Zone). The Residential, Traditional Neighborhood Zone is intended to provide a range of housing choices, including single-family and multi -family development and supporting neighborhood service uses within a walkable and well- connected setting. A. Residential, Traditional Neighborhood Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Traditional Neighborhood Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Residential, Traditional Neighborhood Zone, Development Standards. The following standards shall apply to the Residential, Traditional Neighborhood Zone (R-TN Zone): 1. Lot Area and Dimension. Lot sizes for the Residential, Traditional Neighborhood Zone (R-TN Zone) shall not be less than 5,000 square feet with a minimum lot width of 50 feet and a minimum lot depth of 100 feet. Smaller lots may be allowed consistent with 17.11.030.D (Small Lot Development). 2. Setbacks and Yards. The following setback requirements are applicable to the Residential, Traditional Neighborhood Zone (R-TN Zone): a. Front Yard Setbacks. 1. The minimum front yard setback is 15 feet. 2. The maximum front yard setback is 25 feet. The maximum setback requirement may be waived if the Director finds: (a) Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s); (b) The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or (c) A larger area is required to preserve existing mature trees or natural features. b. Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of five feet is allowed for a garage abutting an alley. (Supp. No. 6, Update 2) Page 6 of 39 Created: 2022-05-02 10:29:16 [EST] C. Side Yard Setbacks. 1. The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet.. 2. The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in Section 17.03.065.C.2.a.2. Table IZ03-2 Setback (Yard) Requirements for Residential, Traditional Neighborhood Zone (RTN Zone) Yard Setback Requirement Front Yard 15 ft. (minimum) 25 ft. (maximum) unless waived by the Director Rear Yard 15 ft. (minimum) 5 ft. (minimum) for a garage abutting an alley Side Yard 5 ft. (minimum) for interior lots 10 ft. (minimum) for corner lots (street side yard) 20 ft. (maximum) for corner lots (street side yard) unless waived by the Director d. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Building Placement Requirements. a. Building fagade(s) shall extend a minimum of 50 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 50 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement. b. In the area between the minimum and maximum street side yard setback, 35 percent of the linear distance parallel to the street shall be occupied by a building fa4ade(s). (Supp. No. 6, Update 2) Page 7 of 39 Created: 2022-05-62 10:29:16 [EST] Building Placement Requirements, R-TN Zone Exhibit I 3 d Required Building AreA —I-------------- Property Une — Building K. RPq"ired RAldingArea I - ©Property Line I I - I I — — — — — — — — — — — — — — I � � I I i — — — — — — — — — — -- — _ I ( I I � I� Sidewalk Street t11 !V 6 4. Density. The maximum density shall be twelve units per acre with an average of six units per acre, applied across the property. a. A studio or one -bedroom unit of no more than 750 square feet, excluding a garage, shall count as 0.5 of a unit. b. Density below four units per acre may be allowed subject to conditional use permit approval, if the Planning Commission finds that the lower density does not jeopardize the City's ability to satisfy its Regional Housing Need Allocation. 5. Usable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Residential, Traditional Neighborhood Zone (R-TN Zone): a. For multi -family developments of fewer than 20 units, each unit shall have a minimum of 100 square feet of usable open space. b. For multi -family developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space, and common usable open space at an equivalent of 200 square feet per unit C. The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable"). 6. Building Height. In the Residential, Traditional Neighborhood Zone (R-TN Zone), the maximum height of any building shall not exceed 35 feet. (Supp. No. 6, Update 2) Page 8 of 39 Created: 2022-05-02 10:29:16 [EST] 7. FloorArea Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only. D. Residential, Traditional Neighborhood Zone, Off street Parking. 1. Parking shall not be located in the front setback unless the Director makes the following findings: a. Buildings comply with the maximum front setback requirement; b. Parking located within the front setback is in the driveway of a single-family home or a duplex; or C. The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and d. Requirements in Chapter 17.05 are complied with. 2. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Residential, Traditional Neighborhood Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Residential, Traditional Neighborhood Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. G. Accessory Dwelling Units. AEeesseFy dwelling units aFe- allevVead- eens.stent with the StandaFds applie #G. Maximum Block Length. Block length is limited to 600 feet measured from curb edge to curb edge. +H. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). 11. Supplemental Multiple Family Development Standards. The following standards apply to multiple family developments, including attached single unit developments. 1. Building Entrances. a. All dwelling units located along streets shall have the primary entrance facing the street. Exceptions to this requirement may be approved where the site is located on a major arterial carrying high traffic volumes. b. Dwelling units located in the interior of a multiple family development shall be designed so that the primary entryway is visible from a pedestrian pathway that is connected to a street. C. Building entrances shall have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 30 square feet. Exceptions to this requirement may be approved for alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry. 2. Building Fagades. a. At least 75 percent of the facade of each building adjacent to a street shall be occupied by habitable space with windows. b. Each building fagade adjacent to a street shall have at least one pedestrian entry into the structure. (5upp. No. 6, Update 2) Page 9 of 39 Created: 2022-05-02 10:29:16 [EST] C. All street -facing facades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 25 horizontal feet of wall. Building entrances and front porches may count towards meeting this requirement. Facade Articulation, Multiple Family Development Requirements Exhibit 2 ■ 25ft� 25 ft Street -facing facades shall have at least one horizontal projection or recess at feast 2 feet, for every 25 linear feet of wall. 3. Building Roofs. The roof line at each elevation shall demonstrate an offset of at least 24 inches for each one to three units exposed on that elevation, but in no case shall a roof line be more than 50 feet without a minimum 18-inch offset. Roof Line, Multiple Family Development Requirements Exhibit 18 in Min . ............ The roof line for each elevation shall be offset at least 18 inches for each one to three units exposed on that elevation. 4. Pedestrian Access. On -site pedestrian circulation and access shall be provided consistent with the following standards. a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities. b. To circulation network. Regular connections between on -site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on - site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. C. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. (Supp. No. 6, Update 2) Page 10 of 39 Created: 2022-0542 10:29:26 [EST] To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e. Pedestrian walkway design. Walkways shall be a minimum of six feet wide, shall be hard -surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. 5. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather -proofed, and lockable private storage space with a minimum horizontal dimension of four feet. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.070 Residential, Multiple -Family Zone (R-MF Zone). The Residential, Multiple -Family Zone is intended to protect established medium density and high -density residential development in the City, and to facilitate further development of this land use type. This includes higher density housing that includes condominiums, townhomes, duplexes, patio apartments, senior housing and supporting ancillary facilities. A. Residential, Multiple -Family Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Residential, Multiple -Family Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Residential, Multiple -Family Zone, Development Standards. The following standards shall apply to the Residential, Multiple -Family Zone (R-MF Zone): 1. Lot Area and Dimensions. Lot sizes for the Residential, Multiple -Family Zone (R-MF Zone) shall not be less than 6,000 square feet with an average lot width of 60 feet and a minimum average lot depth of 100 feet. Smaller lots may be allowed consistent with Section 17.11.030.D (Small Lot Development). 2. Setbacks and Yards. The following setback requirements are applicable to the Residential, Multiple -Family Zone (R-MF Zone): a. Front Yard Setbacks. The minimum front yard setback is 20 feet. The maximum front yard setback is 25 feet. The maximum setback requirement may be waived if the Director finds: (a) Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s); Created: 2022-05-02 10:29:16 [EST] (Supp. No. 6, Update 2) Page 11 of 39 (b) The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or (c) A larger area is required to preserve existing mature trees or natural features. b. Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of five feet is allowed for a garage abutting an alley. C. Side Yard Setbacks. 1. The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet. The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in subparagraph 17.03.070.C.2.a.2. Table 17.03-2.5 Setback (Yard) Requirements for Residential, Multiple -Family Zone (RMF Zone) Yard Setback Requirement Front Yard 15 ft. (minimum) 20 ft. (maximum) unless waived by the Director Rear Yard 15 ft. (minimum) 5 ft. (minimum) for a garage abutting an alley Side Yard 5 ft. (minimum) for interior lots 10 ft. (minimum) for corner lots (street side yard) 20 ft. (maximum) for corner lots (street side yard) unless waived by the Director Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Building Placement Requirements. Building fagade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement. b. In the area between the minimum and maximum street side yard setback, 50 percent of the linear distance parallel to the street shall be occupied by a building fagade(s). (Supp. No. 6, Update 2) Page 12 of 39 Created: 2022-05-02 10:29:26 [EST] Building Placement Requirements, R-MF Zone Exhibit Required BulldIng Area i� —�— — Property Line — — — — — — — — — — — — in Building _ �Requlred BuildingArea I r Fi-IProperty Line I I ee I ' Im a a 3 b 4— N1W 6Tn6- Sidewalk 20 17 50% Street 4. Density. The minimum density shall be 12 units per acre, and the maximum density shall be 30 units per acre. 5. Lot Area Requirements. The area occupied by all structures shall not exceed 70 percent of the lot area. 6. Useable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Residential, Multiple -Family Zone (R-MF Zone): 7 8. a. For multi -family developments of fewer than 20 units, each unit shall have a minimum of 100square feet of usable open space. b. For multi -family developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space. C. The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable"). Building Height. In the Residential, Multiple -Family Zone (R-MF Zone), the maximum height of any building shall not exceed 35 feet. Floor Area Ratio. The maximum permitted floor area ratio is 0.35. This standard applies to commercial uses only. (Supp. No. 6, Update 2) Page 13 of 39 Created: 2022-05-02 10:29:26 [EST] D. Residential, Multiple -Family Zone, Off street Parking. 1. Parking shall not be located in the front setback unless the Director makes the following findings: a. Buildings comply with the maximum front setback requirement; b. The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and C. Requirements in Chapter 17.05 are complied with. 2. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Residential, Multiple -Family Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. Residential, Multiple -Family Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. (Supp. No. 6, Update 2) Page 14 of 39 Created: 2022-05-02 10:29:16 [EST] #G. Maximum Block Length. Block length is limited to 600 feet measured from curb edge to curb edge. 1H. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065. apply to multiple family developments, including attached single unit developments, in the R-MF Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.075 Urban Village Zone (UV Zone). The Urban Village Zone applies to a specific area situated between Interstate 10 and State Route 60 Freeway corridors. Within this area, a variety of specialized land uses that capitalize on the area's unique location are contemplated. These uses include a regional commercial center, higher density residential development, educational uses, and abundant open space and recreational amenities. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment. A. Urban Village Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. Urban Village Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Urban Village Zone, Development Standards. The following standards shall apply to the Urban Village Zone (UV Zone): 1. Lot Area and Dimensions. Lot sizes for the Urban Village Zone (UV Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. Setbacks and Yards. The following setback requirements are applicable to the Urban Village Zone (UV Zone): a. Front Yard Setbacks. No front yard setback is required for commercial uses; five-foot setback for residential development. b. Rear Yard Setbacks. 10-foot rear yard setback is required. C. Side Yard Setbacks. No side yard setback is required. d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from State Route 60 and Interstate 10. e. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Density. The minimum density shall be 12 units per acre, and the maximum density shall be 24 units per acre; however, no more than 21 acres within the UV Zone shall be developed at a density below 20 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 1.0. The floor area ratio standard applies to non-residential uses only. (Supp. No. 6, Update 2) Page 15 of 39 Created: 2022-05-02 10:29:16 [EST] 5. Building Height. In the Urban Village Zone (UV Zone), the maximum height of any building shall not exceed 50 feet. D. Urban Village Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Urban Village Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback). Urban Village Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. #G. Maximum Block Length. Block length is limited to 400 feet measured from curb edge to curb edge. A block length of up to 600 feet shall only be allowed when a mid -block pedestrian connection is provided, or the Director finds that: The location and configuration of the lot makes a mid -block pedestrian connection infeasible or impractical; and 2. Safe and convenient pedestrian connections are provided throughout the site consistent with applicable pedestrian access requirements in this Code. Culs-de-Sac and Dead -End Streets. Culs-de-sac and dead-end streets are not allowed unless the Director makes the following findings: 1. Unique physical circumstances exist that prevent a connected a connected street system; and 2. A cul-de-sac or dead-end street is necessary to provide access to lots or buildings in a manner consistent with City standards. dl. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). K.I. Supplemental Standards. 1. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings: a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions. The following are exempt from this requirement: (Supp. No. 6, Update 2) 1. Residential uses; and 2. Multi -level garages. Page 16 of 39 Created: 2022-05-02 10:29:16 [EST] C. Reductions. This requirement may be reduced or waived if the Director makes the following findings: 1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and 2. Street -facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. Building Transparency/Required Openings Exhibit Min. 50%of this area shall be openings _ � t ................•----,....... ...__.T__.. 7 fit Max. 30 ft linear wall without an opening ISft Front ar side street lat line or pedestrian walkway 3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk. 5. Wall Plane Modulation. All street -facing fagades shall have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall. 6. Pedestrian Access. On -site pedestrian circulation and access shall be provided consistent with the following standards. a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities. b. To circulation network. Regular connections between on -site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on - site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. C. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e. Pedestrian walkway design. Created: 2022-05-02 10:29:26 [EST] (Supp. No. 6, Update 2) Page 17 of 39 Walkways shall be a minimum of six feet wide, shall be hard -surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.13). Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. 3. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of five acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on -site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. C. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. L. Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065. apply to multiple family developments, including multiple family residential components of mixed -use developments and attached single unit developments, in the UV Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.080 Commercial, Neighborhood Zone (C-N Zone). The Commercial, Neighborhood Zone (C-N Zone) is intended to permit development that provides for a range of commercial service and retail land uses that are in proximity to residential neighborhoods consistent with the General Plan. A. Commercial, Neighborhood Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Commercial, Neighborhood Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Commercial, Neighborhood Zone, Development Standards. The following standards shall apply to the Commercial, Neighborhood Zone (C-N Zone): (Supp. No. 6, Update 2) Page 18 of 39 Created: 2022-05-02 20:29:26 [EST] 1. Lot Area and Dimension. Lots sizes for the Commercial, Neighborhood Zone (C-N Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 100 feet. Setbacks and Yards. The following setback requirements are applicable to the Commercial, Neighborhood Zone (C-N Zone) a. Front Yard Setbacks. The minimum front yard setback is 25 feet. A minimum of 50 feet should be provided if the parking is provided in the front of the business. b. Rear Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height. C. Side Yard Setbacks. No setback is required when the parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height. d. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum permitted floor area ratio is 1.0. 4. Building Height. In the Commercial, Neighborhood Zone (C-N Zone), the maximum height of any building shall not exceed 50 feet. D. Commercial, Neighborhood Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Commercial, Neighborhood Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Commercial, Neighborhood Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. G. Supplemental Standards. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings: The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; or b. The design incorporates habitable space built close to the public sidewalk; and C. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. 2. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions for parking garages. Multi -level garages are exempt from this requirement. (Supp. No. 6, Update 2) Page 19 of 39 Created: 2022-05-02 10:29:26 [EST] Reductions. This requirement may be reduced or waived if the Director makes the following findings: 1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and Street -facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. Building Transparency/Required Openings Exhibit Min. 50%of this area shall be openings 7ft 2.s ft Max. 30 ft linear wall withoutan , opening Front or side street lot line or pedestrian walkway 3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk. 5. Wall Plane Modulation. All street -facing fagades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 50 horizontal feet of wall. 6. Pedestrian Access. On -site pedestrian circulation and access shall be provided consistent with the following standards. a. internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities. b. To circulation network. Regular connections between on -site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on - site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. C. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e. Pedestrian walkway design. Created: 2022-05-02 10:29:16 [EST] (Supp. No. 6, Update 2) Page 20 of 39 1. Walkways shall be a minimum of six feet wide, shall be hard -surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of five acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on -site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. C. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.090 Community Commercial Zone (C-C Zone). The Community Commercial Zone is intended to preserve, and where applicable promote, commercial shopping centers. This Zone specifically applies to those parcels that may contain more than one business or those properties with large format retailers (e.g., where the floor area of the business exceeds 50,000 square feet). A. Community Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Community Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Community Commercial Zone, Development Standards. The following standards shall apply to the Community Commercial Zone (C-C Zone): 1. Lot Area and Dimension. Lots sizes for the Community Commercial Zone (C-C Zone) shall not be less than 10,000 square feet with an average lot depth of 100 feet and a minimum average lot depth of 100 feet. (Supp. No. 6, Update 2) Page 21 of 39 Created: 2022-05-02 10:29:16 [EST] 2. Setbacks and Yards. The following setback requirements are applicable to the Community Commercial Zone (C-C Zone): a. Front Yard Setbacks. The minimum front yard setback is 25 feet. There shall be a minimum of 50 feet for the front yard setback if parking is provided in the front of the building. b. Rear Yard Setbacks. No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height. C. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot where a building exceeds 35 feet in height. d. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum floor area ratio is 0.75. 4. Building Height. In the Community Commercial Zone (C-C Zone), the maximum height of any building shall not exceed 50 feet. D. Community Commercial Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Community Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Community Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. G. Supplemental Standards. Additional standards listed in Section 17.03.080.G apply to developments in the C-C Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.100 Manufacturing Zone (M Zone). The Manufacturing Zone is intended to maintain the existing industrial and manufacturing uses and to promote the development of new business parks, light industrial use, research parks, manufacturing uses, warehousing activities, and ancillary and supportive uses. A. Manufacturing Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-3 of this Section. B. Manufacturing Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-3 of this Section. Such uses require the approval of a conditional use permit. C. Manufacturing Zone, Development Standards. The following standards shall apply to the Manufacturing Zone (M Zone): Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be 10,000 square feet. Setbacks and Yards. The following setback requirements are applicable to the Manufacturing Zone (M Zone): (Supp. No. 6, Update 2) Page 22 of 39 Created: 2022-05-02 10:29:16 [EST] a. Front Yard Setbacks. The minimum front yard setback is 25 feet. There shall be a minimum of 50 feet for the front yard setback if parking is provided in the front of the building. b. Rear Yard Setbacks. No minimum rear yard setback is required except for those parcels that abut residential zones. For those parcels that abut residential zones, the minimum rear yard setback is 20 feet plus an additional two feet for every foot that exceeds 35 feet. C. Side Yard Setbacks. No setback is required when parcel is abutting commercial or manufacturing zones. For those parcels that abut residential zones, the minimum side yard setback is 20 feet plus an additional two feet for every foot that exceeds 35 feet. d. Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. 3. Floor Area Ratio. The maximum floor area ratio is 0.75. 4. Building Height. In the Manufacturing Zone, the maximum height of any primary building shall not exceed 50 feet. D. Manufacturing Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Manufacturing Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. Manufacturing Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.110 Public Facilities Zone (PF Zone). The Public Facilities Zone includes a range of public uses and activities that serve the public good and welfare. These include, but are not limited to, schools, civic buildings, fire stations, and is intended to include and recognize the flowing uses: water course and watershed areas, public and private park lands, cemeteries, natural resource lands, wildlife preserves, and publicly owned dedicated scenic and open space areas. This Zone is also intended to provide for permanent open space in specific areas by limiting development in areas where natural hazards are present that might endanger the health, safety, and welfare of residents from possible flood, subsidence, erosion, or seismic activity. A. Public Facilities Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.03-1 of this Section. B. Public Facilities Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.03-1 of this Section. Such uses require the approval of a conditional use permit. C. Public Facilities Zone, Development Standards. The following standards shall apply to the Public Facilities Zone (P-F Zone): Lot Area and Dimension. No minimum or maximum lot area standards are applicable to this Zone. Within those parcels containing structures, the minimum lot area must be 10,000 square feet. Setbacks and Yards. a. All yards and other structural standards other than height shall be specified in connection with, and as a part of, the issuance of a plot plan or conditional use permit for development. (Supp. No. 6, Update 2) Setbacks for Properties Adjoining the R-CZone. A minimum setback of 20 feet shall be provided along property lines adjoining the R-C Zone. Page 23 of 39 Created: 2022-05-02 10:29:16 [EST] 3. Floor Area Ratio. The maximum floor area ratio is 1.0. 4. Building Height. In the PF Zone the maximum height of any building shall not exceed two stories or 35 feet, whichever is less. D. Public Facilities Zone, Off Street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Public Facilities Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. Public Facilities Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.120 Permitted uses for Base Zone Districts. The permitted uses for the Base Zone Districts (identified in Section 17.03.040 through 17.03.110) are listed in Table 17.03-3. Table 17.03-3 Permitted Land Uses For Base Zone Districts' RC PF RR RSF RTN RMF I CN I CC I M UV Administrative Professional Services Administrative/Professional Offices N N N P N N P P P P Advertising Agencies N P N N N N P P C P Architectural/Engineering/Design Services N P N N N N P P P P Attorney/Legal Services N P N N N N P P C P Business Management Services N P N N N N P P C P Government Offices P P P P P P P P P P Travel Agencies N P N N N N P P C P Agricultural Uses Animal Keeping (Commercial Use) N N P C C N C C C C Animal Keeping (Accessory Use) N A A A A A C C C C Animal Rescue Facilities N N P C C N N N C N Apiaries N N P C C N N N N N Aviaries N N P N N N N N C N Catteries N N P C C N C C C C Commercial Growing Establishments N N P N N N N N C N Community Gardens N N P P P P P P N P Dairies N N P N N N N N N N Employee/Farmworker Housing (No N N P N N N' More Than 36 Beds Kennels (all Classes) N N P C C N C C C C Produce Stands N N P N N N N N P N Stables N N P I N N -TN--j N N N I N (Supp. No. 6, Update 2) Page 24 of 39 Created: 2022-05-02 10:29:16 [EST] Alcohol Service and Sales Bars or Cocktail Lounges2 C N N N N N C C C7 I C Liquor Stores2.4 N N N N N N C C N C Restaurants with Alcoholic Beverage Sales C N N N N N C C C C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) N N N N N N C P C C Automobile Parking or Storage Facilities N N N N N N C P P C Automobile Rental Agencies N N N N N N P P P C Automobile Repair Facilities N N N N N N C P P N Automobile Towing and/or Wrecking Facilities N N N N N N N N C N Body and Paint Shops N N N N N N C C C N Car Wash N N N N N N C C C C Gas/Service Stations N N N N N N C C C 7C Limousine Services N N N N N N P I P I P I N Recharging Stations Allowed (P) in any area designed for the parking or loading of vehicles. Tire Repair N N I N N N N N P7 P N Tire Store N N N N N N N P P N Towing Services with Indoor Vehicle Service N N N N N N C C C N Towing Services with Outdoor Vehicle Storage N N N N N N N N C N Truck/Trailer Rentals N N N N N N C I C P N Communications Facilities Ham Radio Antennae (Private Use) N N P P P P P P I P P Radio and Television Broadcasting Studios N N N N N N N P P P Recording and Sound Studios N N N N N N N P P P Satellite Dishes (Non -Private) N N N N N N P P P P Satellite Dishes (Private Use) N N P P P P N N C P Wireless Telecommunication Facility— Stealth C N N N N N C C C C Daycare Facilities Commercial Day Care Facilities N N I N C5 C5 N j P I P I C C Educational Establishments (5upp. No. 6, Update 2) Page 25 of 39 Created: 2022-05-02 10:29:17 [EST] Elementary, Junior, and High Schools/Private & Charter Elementary, Junior, and High Schools/Public College or University Tutoring & Testing Vocational and Trade Schools Food and Beverage Sales Bakeries Catering Establishments Convenience Markets Grocery Stores/Supermarkets Grocery Store, Alcohol Sales General Merchandise and Trade Antique Sales Appliance Sales Art Galleries and Supplies Beauty Supplies Books and Magazines Building Materials Building Materials with outdoor sales/storage Camera and Photographic Supplies Candy Stores Cigar/Cigarette Shops2 Clothing Stores Department Stores Discount Stores Electronic Equipment Sales Equipment Sales and Rentals Florists Freight Forwarding Services Furniture and Home Furnishings Garden Supply Gifts, Crafts, and Novelties Guns and Ammunition Hardware Stores Hobby, Toy and Game Stores Indoor Swap Meets (Supp. No. 6, Update 2) N �P IC IC I I IC IC C C Il!■■a�a��■ii�000[�7 MIooEMMmoosmmmmmv mmm N N I N IC5 C6 N N N N N N N N C5 0 N N N C5 C6 N N N C5 C6 N N N N N N N N N N N N N N N N N N N N N N N C5 C6 N N N N N N N N N N N N I N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N CS C6 N N N N N N N N N N N N N N N N N N C5 C6 N N i N N N N N N N N N N N C5 C6 N N N N N Page 26 of 39 M000E ©MI00E MMOME MODmE MMM©E ©000E ©ONDoE ©MIGN©E ©o0mE mmmon ©©MME ©©=M- F ©===a ©M0©E ©moms ©DOME ©0M©E ©0M©E ©MIGNoE ©MoOI© M00©M MOOM0E ©00©E ©DOmn �DOm8 ©mmmu ©DOOU . mmon ©©Do© Created: 2022-05-02 10:29:27 [EST] Jewelry Sales and Repair N N N N N N P P N P Leather Goods N N N N N N P P N P Luggage Sales N N N N N N P P N P Office Equipment, Furniture, and Supplies N N N N N N P P P P Pet Sales and Supplies N N N N N N P P P P Records, Tapes, and Videos N N N CS C6 CS, 6 P P N P Retail, Other Specialty N N N N N N P P N P Sporting Goods and Equipment N N N N N N P P P P Surplus Stores N N N N N N P P C N Thrift and Second -Hand Stores N NtN N N C C N N Variety Stores N IN N N N P P N C Wholesale Establishments N N N N P P C P Lodging Bed and Breakfast Facilities C N C I C C C P P N P Emergency Shelters N N N N N N P N Hotels and Motels C N N N N N P P C P N N N N N I N N N N P Residence Inns C N N N N N P P N P Single -Room Occupant (SRO) Facilities N N N N N N C C N N Supportive HousinE N N P P P P C C N P Trailer Parks and Campsites C N N N N C N N N N Transitional Housing N N N P N-P 4&P EP C C N N P Manufacturing and Industrial Apparel/Textile Products N N N N N N N N P N Assembly Plants N N N N N N N N P N Bottling Plants N N N N N N N N P N Bulk Postal Service Facilities N N N N N N N N P N Chemicals N N N N N N N N P N Contract Construction Services N N N N N N N N P N Contractor or Building Materials Storage N N N N N N N N P N Data Services N N N N N N N N P N Exterminating Services N N N N N N C C P N Feed and Fuel Yards N N N N N N N N P N Food and Kindred Products N N N N N N N N P N Furniture N N N N N N N N P N Lumber/Wood Products N N N N N N N N P N (Supp. No. 6, Update 2) Page 27 of 39 Created: 2022-05-02 10:29:17 [EST] Mini -Storage, Mini -Warehouse, Self- Storage or Public -Storage N N N N N N N N P N Metal Salvage Yards N N N N N N N N P N Paper Products N N N N N N N N P N Petroleum -Related Materials N I N N N N N N N C N Primary Metal Industries (Electroplating) N N N N N N N N C N Printing/Publishing N N N N N N N N P N Professional/Scientific/Electronic Products N N N N N N N N P N Research Services and Laboratories N N N N N N N N P N Retail Sales of Products Manufactured or Stored On -Site N N N N N N N N P N Sandblasting and Beadblasting N N N N N N C, A C, A C N Taxidermy N N N N N N N N C N Medical/Health Care Ambulance Services N N N N N N P P P N Animal Hospitals/Veterinaries N N N N N N P P P P Clinics N N N N N N P P C P Convalescent Homes N N C C C C P P N C Chemical Dependency Clinics N N N N N C C N N C Hospitals N N N N N N P P N C Medical/Dental Offices N N N N N N P P N P Pharmacies N N N N N N P P N P Pharmacies, with drive -through N N N N N i N C C N P Personal Services Banking, Credit Unions, Financial Services N N N N N N P P N P Barbers and Beauty Parlors N N N C5 C6 C5,6 P P N P Cemeteries N C C C C C C C C N Check Cashing Services N N N N N N P P N N Commercial Pet Grooming Services N N N N N N P P C P Dry Cleaners N C5 C6 C5-6 P P N P Funeral Parlors, Mortuaries N N N N C C C C Laundries, Laundromats tNN N CS C6 C5-6 P P C P Locksmith and Key Shops N N N N P P P P Pawnbrokers N N N N C C N N Massage Establishment N N N N C C N C (Supp. No. 6, Update 2) Page 28 of 39 Created: 2022-05-02 10:29:17 [EST] Photocopying and Photo Developing Services N N N N N N P P P P Photography Studios N N N N N N P P N P Shoe Repair Shops N N N C5 C6 CS, 6 P P C P Tailors N N N CS I C6 I CS.6 P P C P Tattoo/Body Piercing Services N N N N_j N j N C C N C Public and Quasi -Public Uses Community Recreation Centers P P P P P P N N N P Cultural Facilities P P P P P N N N P Libraries P P P P P P C C N P Museums P P P P P P C C N P Parks P P P P P P P P N P Public Safety Facilities N P P P P P P P P P Senior Citizen Activity Centers N P P P P P P P N P Recreation and Entertainment Adult -Oriented Businesses N N N N N N N N C N Amusement Parks N N C N N N C C C C Athletic Fields N P P P P P N N N P Batting Cages N N N N N N C C C P Billiard and Pool Halls N N N N N N C C N C Bowling Alleys N N N N N N P P N j P Commercial Athletic Facility N N N N N N C C C C Dance Studios N N N N N N P P N P Golf Driving Ranges C N N N N N N C C C Health Clubs and Gymnasiums N N N N N N C C C C Miniature Golf Courses N N C N N N C C N P Off -Road Mini -Bike and Motorcross Courses C N C N N N N C C N Public Auditorium/Auditoriums N P N N N N P P N P Shooting Range (Indoor) N N N N N N N N C N Skating Rinks N N N N N N N C C P Video Arcades N N N N N N C C N C Recycling Collection Facilities N N N N N N C C C N Processing Facilities N N N N N N C C C N Religious Institutions Churches N C C C C C P P C P Monasteries, Convents, or Similar Religious Use N C C C C C P P C P (Supp. No. 6, Update 2) Page 29 of 39 Created: 2022-05-02 10:29:27 [EST] Repair Services Electrical and Household Appliances N N N N N N P P P N Repair Furniture Refinishing N N N N N N P P P N Furniture Reupholstering N N N N N N C C P N Lawnmower Repair/Sales Shops N N N j N N N P P P N Machine Shops N N N N N N C C P N Welding Shops N N N N N N C, C, P N A A Residential Uses Accessory Guest Houses N N P I P P P N N N P Accessory Dwelling Units See Chapter 17.15.4 Boarding or Rooming Houses N N C C C C N N N P Caretaker's Unit N N P N P P P* N C P Congregate Care Facilities N N N N C C C C N P Day Care Centers, Small Family-1 to 8 N N P P P P N N N P Children Day Care Centers, Large Family-7 to N N P P P P C N N P 14 Children Duplexes N N N N P P N N N P Group or Community Care Facilities-6 N N P P P P N N N P or fewer persons) Group or Community Care Facilities-7 N N C C 4;-P C—P N N N C or more persons) P Home Occupation Businesses N N P P P P N N N P Mobile Home Parks N N N N C C N N N N Mobile Home or Manufactured N N P P P P N N N P Housing Units Single Lot Multiple -Family, Apartment & N N N N P P P* N N P Condominiums Planned Residential Developments N N I P I P P P N N N P (Supp. No. 6, Update 2) Page 30 of 39 Created: 2022-05-02 10:29:17 [EST] Employee/Farmworker Housinp, (6 or N N P P P P N N N P Fewer Persons] Senior Housing Developments N N P P P P C N N P Single -Family Dwellings N N P P P P N N N P Restaurant Delicatessens N N N Cs C6 C5,6 P P P 1 P Fast -Food Restaurants —Without Drive- Th ru2, 3 N N N N N N P P P P Fast -Food Restaurants —With Drive- Thru2, s N N N N N N C C N P Sit -Down Restaurants C N N Cs C6 CS, 6 P P C P Sit Down Restaurant with live Entertainment C N N N N N C C N C Restaurant, serving alcohol C N N N N N C C N C Service Organizations Philanthropic and Charitable Institutions N N N N N N P P C P Service Organizations N N N N N N P P C P Temporary Uses Street/Craft Fairs and Farmers' Markets —Ongoing N N N N N N C C N C Temporary Structures (Subdivision sales Office) C N P P P P P P P P Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days C C C N N C P P P P Outdoor Displays N N N CS C6 CS, 6 C C C C Parking Lot Sales N C N N N N P P P P Amusement Enterprises N C N N N N I C I C IC C Transportation Facilities Bus Passenger Terminals N N N N N N C C C P Charter Bus Companies N N N N N N C C C P Motor Vehicle Transportation (Taxi/Shuttle) N N N N N N C C C N Truck Stops and Terminals, Truck Yard N N N N N N C C C N Utilities Energy Storage Facility N N N N N N N N P N Public Utility/Service Structures N P N N N N N N P N Sewage Disposal Facilities/Waste Transfer N P N N N N N N P N Utility Company Offices N N N N N N P P P N (Supp. No. 6, Update 2) Page 31 of 39 Created: 2022-05-02 10:29:17 [EST] Water Storage, Distribution, and Collection Facilities N P N N N N N N N N Wind Energy Conversion Systems See Section 17.11.140 N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings *Only allowed for properties on Sixth Street 1 See Section 17.02.070 to determine if a plot plan is required. 2 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center. 3 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant. ° New liquor stores shall not be located within 1,000 feet of another liquor store. s Only allowed for properties on Brookside Avenue, Cougar Way, Oak Valley Parkway, filth Street, 8th Street, Beaumont Avenue, Pennsylvania Avenue, and Highland Springs Avenue. a Only allowed for properties on streets designated as Arterial Roadways or Connector Streets. 7 Bars and cocktail lounges are only allowed as a conditionally permitted accessory use in the M Zone, and if the primary business is an alcohol production facility, such as a brewery, winery, or spirits manufacturer. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1137, § 4(Exh. A), 8-3-2021; Ord. No. 1141, § 4(Exh. A), 10-5- 2021; Ord. No. 1142, § 4(Exh. A), 10-19-2021) 17.03.130 Overlay Zone (O Zone). The Overlay Zone refers to specific areas of the City where special development standards are applicable. This section sets forth additional standards for defined areas (i.e., overlay zones) that are applied in addition to standards provided in the base zones. The overlay zone standards are intended to ensure that proposed uses and development result in a desirable character consistent with the General Plan. A. Conflicting Requirements. If there is a conflict between any of the permitted uses or development standards in a base zone or elsewhere in this Zoning Code and an overlay zone, the overlay zone shall control. B. Overlay Zones. The following overlay zones are established: 1. Transit Oriented District Overlay. 2. RR,Higher Density 3. Housing Site- ()vprl,- C. Transit Oriented District Overlay. The Transit Oriented District (TOD) Overlay applies to the area around a future Metrolink transit station. The permitted uses and development standards are intended to be (Supp. No. 6, Update 2) Page 32 of 39 Created: 2022-05-02 10:29:17 [EST] conducive to a transit -friendly environment, including a mix of residential and commercial uses within a walkable and transit accessible setting. Transit Oriented District Overlay, Permitted Uses. The uses permitted under this Overlay are identified in Table 17.03-4. Transit Oriented District Overlay, Conditional Uses. The uses conditionally permitted under this Overlay are identified in Table 17.03-4. Such uses require the approval of a conditional use permit. 3. Transit Oriented District Overlay, Development Standards. The following standards shall apply to the Transit Oriented District (TOD) Overlay: a. Front Yard Setbacks. No front yard setback is required. Density. The minimum density shall be 18 units per acre, and the maximum density shall be 30 units per acre. C. F1oorArea Ratio. The maximum permitted floor area ratio is 1.0. This standard applies to non-residential uses only. 4. Transit Oriented District Overlay, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Overlay (e.g., no front yard setback). 5. Maximum Block Length. Block length is limited to 400 feet measured from curb edge to curb edge. A block length of up to 600 feet shall only be allowed when a mid -block pedestrian connection is provided, or the Director finds that: a. The location and configuration of the lot makes a mid -block pedestrian connection infeasible or impractical; and Safe and convenient pedestrian connections are provided throughout the site consistent with applicable pedestrian access requirements in this Code. 6. Culs-de-Sac and Dead -End Streets. Culs-de-sac and dead-end streets are not allowed unless the Director makes the following findings: a. Unique physical circumstances exist that prevent a connected a connected street system; and b. A cul-de-sac or dead-end street is necessary to provide access to lots or buildings in a manner consistent with City standards. 7. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). [8.] Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065JI apply to multiple family developments, including multiple family residential components of mixed -use developments and attached single unit developments, in the TOD Overlay. D. Higher Density Overlay. The Higher Density Overlay applies to properties subject to rezoning as identified in the City's Housing Element and mapped on the City's Zoning Maw 1. Higher Density Overlay. Density. The minimum density shall be 20 units per acre, and the maximum density shall be 30 units per acre. 2. Higher Density Overlay. Use Standards. The following use standards shall apply within the Higher Density Overlay: (Supp. No. 6, Update 2) Page 33 of 39 Created: 2022-05-02 10:29:17 [EST] a_. Owner -occupied and rental multi -family uses are allowed as permitted uses (by right) reeardless of the affordability level of the units. b. 100 percent residential use is allowed. C. A minimum of 50 percent of the floor area in mixed -use proiects must be occupied by residential use. E. Housing Sites Overlay. The Housing Sites Overlay applies to properties identified in the Cit 's Housin Element as housing sites in zones where no minimum density applies. This Overlay establishes a minimum required residential density of 11 units per acre. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.140 Specific Plan Zone (SP Zone). The Specific Plan zoning designation applies to those areas of the City that have an adopted Specific Plan as well as those areas where a Specific Plan will be required at which time a development concept is proposed. Those Specific Plans that were adopted prior to the adoption of this Zoning Ordinance or the currently adopted General Plan have been incorporated herein by reference. Any future Specific Plan or Specific Plan Amendment must be consistent with the adopted General Plan. Specific plans and amendments thereto, shall be adopted in accordance with the provisions of this Title and of Section 65450 et seq. of the Government Code, as now written or hereafter amended. All uses established pursuant to an applicable specific plan shall be subject to all of the conditions and restrictions set forth in the specific plan, regardless of the requirement of the underlying zone, including, but not limited to, density and intensity of use, setbacks, heights, area and open space. A. Request forSpecific Plan. The owner of real property, or a person authorized by the owner, shall have the right to request that the City consider a specific plan of land use or an amendment to an adopted specific plan for the real property. The right to request consideration of a specific plan does not imply that the plan will be approved. Whenever any State law, the City General Plan, or any ordinance requires the adoption of a specific plan as a condition to the approval of a project, an application for a specific plan shall be made pursuant to this Section. B. Environmental Review. A proposal to adopt or amend a specific plan shall not be considered at a public hearing until all procedures required by the City of Beaumont Rules Implementing the California Environmental quality Act to hear a matter has been completed. C. Applications for Specific Plans. Applications shall be made to the Community Development Director, on the forms provided by the Planning Department, and shall be accompanied by a filing fee as set forth in the Fee Ordinance. The application shall supply all required information, which may include part or all of the following depending on the nature of the Plan and shall be in the form of a text and accompanying maps, plans, and exhibits. D. Content of Specific Plans. The scope and content of a Specific Plan prepared for the City shall comply with State of California Planning Zoning and Development laws governing their preparation. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.03.150 Permitted uses for Overlay Zone Districts. The permitted uses for Transit Oriented District Overlay Zones are listed in Table 17.03-4. (Supp. No. 6, Update 2) Page 34 of 39 Created: 2022-05-02 20:29:17 [EST] Table IZ03-4 Permitted Land Uses For Overlay Zone Districts' Transit Oriented District Overlay Administrative Professional_ Services Administrative/Professional Offices P Advertising Agencies P Architectural/Engineering/Design Services P Attorney/Legal Services P Business Management Services P Government Offices P Travel Agencies P Agricultural Uses Animal Keeping (Commercial Use) C Animal Keeping (Accessory Use) C Catteries C Community Gardens P Kennels (all Classes) C Alcohol Service and Sales Bars or Cocktail Lounges2 C Liquor Stores2.3 C Restaurants with Alcoholic Beverage Sales C Automotive Services Automobile, Motorcycle, and Marine Craft Sales (New and Used) P Automobile Parking Facilities P Automobile Rental Agencies P Automobile Repair Facilities P Body and Paint Shops C Car Wash C Gas/Service Stations C Limousine Services P Recharging Stations Allowed (P) in any area designed for the parking or loading of vehicles. Towing Services —With Indoor Vehicle Service C Truck/Trailer Rentals C Communications Facilities Wireless Telecommunication Facility —Stealth C Radio and Television Broadcasting Studios P Recording and Sound Studios P Satellite Dishes (Non -Private) P Satellite Dishes (Private Use) N Ham Radio Antennae (Private Use) P Daycare Facilities Commercial Day Care Facilities P Educational Establishments Elementary, Junior, and High Schools/Private & Charter C Elementary, Junior, and High Schools/Public C (Supp. No. 6, Update 2) Page 35 of 39 Created: 2022-05-02 10:29:17 [EST] College or University C Tutoring & Testing Facility C Vocational and Trade Schools C Food and Beverage_. Sales Bakeries P Catering Establishments P Convenience Markets P Grocery Stores/Supermarkets P Grocery Store, Alcohol Sales P General Merchandise and Trade Antique Sales P Appliances P Art Galleries and Supplies P Beauty Supplies P Books and Magazines P Building Materials P Building Materials with outdoor sales/storage N Camera and Photographic Supplies P Candy Stores P Cigar/Cigarette Shops2 C Clothing Stores P Department Stores P Discount Stores P Electronic Equipment P Equipment Sales and Rentals (indoor) C Florists P Freight Forwarding Services P Furniture and Home Furnishings P Garden Supply P Gifts, Crafts, and Novelties P Guns and Ammunition P Hardware Stores P Hobby, Toy and Game Stores P Indoor Swap Meets C Jewelry Sales and Repair P Leather Goods P Luggage Sales P Office Equipment, Furniture, and Supplies P Pet Sales and Supplies P Records, Tapes, and Videos P Retail, Other Specialty P Sporting Goods and Equipment P Surplus Stores P Thrift and Second -Hand Stores C Variety Stores P Wholesale Establishments P Lodging (Supp. No. 6, Update 2) Page 36 of 39 Created: 2022-05-02 10:29:17 [EST] Bed and Breakfast Facilities P Emergency Shelters C Hotels and Motels P Low Barrier Navigation Centers Residence Inns P Single -Room Occupant (SRO) Facilities C Supportive Housing Transitional Housing Manufacturing and Industrial Exterminating Services C Sandblasting and Beadblasting C, A Medical/Health Care Ambulance Services P Animal Hospitals/Veterinaries P Clinics P Convalescent Homes P Chemical Dependency Clinics N Hospitals P Medical/Dental Offices P Pharmacies P Pharmacies, with drive -through C Personal Services Banking, Credit Unions, Financial Services P Barbers and Beauty Parlors P Cemeteries N Check Cashing Services P Commercial Pet Grooming Services P Dry Cleaners P Funeral Parlors, Mortuaries C Laundries, Laundromats P Locksmith and Key Shops P Pawnbrokers C Massage Establishment C Photocopying and Photo Developing Services P Photography Studios P Shoe Repair Shops P Tailors P Tattoo/Body Piercing Services C Public and Quasi -Public Uses Community Recreation Centers N Cultural Facilities N Libraries C Museums C Parks P Public Safety Facilities P Senior Citizen Activity Centers P Recreation and Entertainment (Supp. No. 6, Update 2) Page 37 of 39 Created: 2022-05-02 10:29:17 [EST] Amusement Parks C Athletic Fields N Batting Cages C Billiard and Pool Halls C Bowling Alleys P Commercial Athletic Facility C Dance, Martial Arts, and Fitness Classes (Not open Gym) P Golf Driving Ranges C Health Clubs and Fitness Gyms C Miniature Golf Courses C Public Auditorium/Auditoriums P Skating Rinks C Video Arcades C Recycling Collection Facilities C Processing Facilities C Religious Institutions Churches P Monasteries, Convents, or Similar Religious Quarters P Repair Services Electrical and Household Appliances Repair P Furniture Refinishing P Furniture Reupholstering C Lawnmower Repair/Sales Shops P Machine Shops C Welding Shops C, A Residential Uses Accessory Guest Houses P Accessory Dwelling Units P-See Chapter 17.15. Boarding or Rooming Houses N Caretaker's Unit P Congregate Care Facilities C Day Care Centers, Small Family-1 to 8 Children P Day Care Centers, Large Family-7 to 14 Children P Duplexes P Group or Community Care Facilities-6 or fewer persons) P Group or Community Care Facilities-7 or more persons) EP Home Occupation Businesses P Mobile Home Parks N Mobile Home or Manufactured Housing Units Single Lot P Multiple -Family, Apartments & Condominiums P Planned Residential Developments P Senior Housing Developments P Single -Family Dwellings P Restaurant Delicatessens P (Supp. No. 6, Update 2) Page 38 of 39 Created: 2022-05-02 10:29:17 [EST] Fast -Food Restaurants —Without Drive-Thru2 P Fast -Food Restaurants —With Drive-Thru2 C Sit -Down Restaurants P Sit -Down Restaurant with Live Entertainment C Restaurants that serve alcohol C Service Organizations Philanthropic and Charitable Institutions P Service Organizations P Temporary Uses Street/Craft Fairs and Farmers' Markets P Temporary Structures Such as Subdivision Sales Offices P Seasonal Outdoor Sales (<30 days) P Outdoor Displays P Parking Lot Sales P Amusement Enterprises C Transportation Facilities Bus Passenger Terminals C Charter Bus Companies C Motor Vehicle Transportation (Taxi/Shuttle) C Transit Stations and Facilities C Truck Stops and Terminals C Utilities Public Storage Facilities C Utility Company Offices P Wind Energy Conversion Systems See Section 17.11.140 N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use A* = Permitted as an Accessory Use in Assembly Buildings 1 See 17.02.070 to determine if a plot plan is required. 2 These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center. 3 New liquor stores shall not be located within 1,000 feet of another liquor store. 4 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 39 of 39 Created: 2022-05-02 10:29:27 [EST] TITLE 17 -ZONING Chapter 17.05 OFF-STREET PARKING AND LOADING STANDARDS Chapter 17.05 OFF-STREET PARKING AND LOADING STANDARDS 17.05.010 Purpose and authority. The purpose of this section is to ensure that all land use and development in the City of Beaumont have sufficient parking in order to prevent or alleviate congestion. Parking and loading areas shall be provided in accordance with this section when a building or structure is constructed, or a new use is established. Additional off-street parking shall be provided in accordance with this section if an existing building is altered, or dwelling units, apartments or guest rooms are added, or a use is intensified by the addition of floor space or seating capacity, or there is a change of use, at the time of such alteration, addition, intensification or change of use. The number of parking spaces and loading berths shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas shall be laid out in a manner that will protect the public safety and ensure their usefulness. Provide adequate off-street parking facilities, loading areas, and vehicle movement area associated with a use. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.020 Applicability. The minimum standards of this Chapter 17.05 shall apply to all new construction, expansion, renovation, conversion, and alteration of existing uses or structures in all zone districts. Off-street parking spaces shall be provided at the time of commencement of the use of the land or construction of the building, or at the time of renovation, conversion, alteration, or expansion by adding floor area, dwelling units, rooms, beds, or seats to a structure or to changes in occupancy or the enlargement of a commercial or industrial building. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.030 General provisions. This Section outlines the general requirements for parking in the City of Beaumont. The following parking regulations will be applicable to all development in the City. A. Maintenance of Parking Areas. All covered or uncovered off-street parking and loading facilities required by Chapter 17.05 shall be permanently reserved for parking and loading purposes. All parking facilities, including but not limited to curbs, directional markings, handicapped symbols, landscaping, pavement, signs, striping and wheel stops, etc., shall be permanently maintained by the property owner/tenant in good repair, free of litter and debris, potholes, obstructions and stored material. B. Restrictions Regarding Use of Parking Areas. Required parking spaces and areas shall not be used for the sale or display of goods and services, nor for the sale, display, repair or dismantling of motor vehicles, nor for the storage of inoperable or unlicensed vehicles, unless otherwise permitted by subsection C below. C. Truck Parking Prohibited in Residential Zones. The parking of commercial vehicles weighing 6,000 pounds or more shall be prohibited in all residential zones . This restriction shall apply to both on - street and off-street parking. D. Temporary Parking. Parking areas in any zone may be used for temporary, special events with authorization from the owner or operator of the parking area and the Community Development Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 8 Created: 2022-05-02 10:29:18 [EST] Director. The Community Development Director may impose conditions to mitigate any adverse effect on surrounding properties. Provisions outlined in 17.03 (Temporary Use Permits and Special Events) shall govern the procedures and conditions for the application and approval of a temporary use/special event permit. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.040 Parking requirements for land uses. Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a greater number of spaces are required through conditional use permit conditions of approval. A. Off-street Parking Requirements. Off-street parking and loading spaces with adequate ingress and egress must be provided for any new structure and for any new use established; for any addition to or enlargement of an existing structure or use; or for any change in the occupancy of any structure or the manner in which any use is conducted that would result in additional parking or loading spaces to be required. For any addition or any enlargement of an existing structure or use, or for any change of occupancy or manner of operation that would increase the number of parking or loading spaces required, the additional parking or loading shall be required only for such addition, enlargement, or change and not for the entire structure or use. Table 17.05-1 specifies the number of off-street parking spaces required for permitted land uses. Table 1%05-I Off Street Parking Requirements Land Use Parking Required Compact/Truck Parking Downtown Parkin Residential Single -Family Residential 2 enclosed spaces/unit Not Applicable gee Parking Required Units (accessory units that are rentals must provide 1 space, of which one shall be enclosed) Attached Single Family 2 enclosed spaces/unit Not Applicable See Parking Required and Duplex Units Multi -Family 1.25 spaces per unit Not Applicable spaces per unit (efficiency/1-bedroom (spaces may be units) uncovered) Multiple -Family (2 or 2 spaces per unit (at least Not Applicable 2 spaces per unit more bedrooms/unit) 1 space must be covered) Motels/Boarding Houses 1 space for each sleeping Not Applicable 1.15 spaces per key; plus, 7.67 spaces per 1,000 sf unit. 1 space per guest gross floor area of room or unit; plus, other spaces as required for restaurant and banquet space auxiliary uses such as banquet facilities, bars, and restaurants Lodging— Emergency 1 space for every 10 Not Applicable 1 space for every 1C Shelters beds; plus, 1 space per beds; plus, 1 space p_ employee and agency employee and agenc%, vehicle vehicle Commercial (Supp. No. 6, Update 2) Page 2 of 8 Created: 2022-05-02 10:29:18 [EST] Assembly Use 1 space per 4 permanent Compact: Maximum 10% 0.75 to 0.90 s aces per 3 seats 2 seats. Where temporary where 20+ spaces are seats are used, 1 space provided. per 20 sf of assembly area. Banks/Financial 1 space per 200 sf gross Compact: Maximum 10% See Parking Required 2 Institutions floor area where 20+ spaces are provided. Bars and Nightclubs 1 space per 75 sf gross Compact: Maximum 10% '­-Parkinje Required 2 floor area; plus 1 space where 20+ spaces are per 2 employees on the provided. largest shift Churches and Other 1 space per 3 fixed seats. Compact: Maximum 10% 1 space per 4 fixed seats 2 Religious Institutions Where no fixed seats are where 20+ spaces are provided, 1 per 20 square provided. feet of assembly area. Cinema 1 space per 3 seats Compact: Maximum 10% 0.75 to 0.90 spaces per 3 seats 2 where 20+ spaces are provided. Compact: Not permitted. Day Care • Day care 1 space for every 7 Compact: Not permitted. 3.75 spaces per 1,000 sf gross floor area 2 center children Gasoline Service Stations 1 space per 200 sf gross Compact: Not permitted. 0.75 spaces per 200 sf plus 1 space per bay_2 floor area; plus 1 space Truck: 1 space per vehicle per service, bay; plus, any operated from site. additional spaces, required for accessory uses such as retail or food service Retail Uses 1 space per 200 sf gross Compact: Maximum 10% 0.75 spaces per 200 sf floor where 20+ spaces are gross floor area provided. Truck: As required for service and delivery vehicles. Professional Offices, 1 space per 200 sf gross Compact: Maximum 10% See Parkinp ReQuired other than medical floor area where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Medical and Dental 1 space per 250 sf gross Compact: Maximum 10% 0.9 spaces per 250 sf Offices floor area where 20+ spaces are gross floor area provided. Restaurants, Fast Food' 1 space for every 100 sf Compact: Maximum 10% See Parking Required of gross floor area, but where 20+ spaces are not less than 10 spaces provided. Restaurants, Sit -Down 1 space for every 100 sf Compact: Maximum 25% See Parking Required of gross floor area, but where 20+ spaces are not less than 10 spaces provided. (Supp. No. 6, Update 2) Page 3 of 8 Created: 2022-05-02 10:29:18 [EST] Trade or business school 1 space per 50 sf of gross See Parking Required classroom area Manufacturing General Manufacturing 1 space per 500 sf gross Compact: Maximum 10% See Parking Required floor area where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. Office, accessory to 1 space per 250 sf gross Compact: Maximum 10% - -king Required 2 manufacturing use floor area of office space where 20+ spaces are provided. Trucking and Truck 1 space per 1,000 sf gross Truck: Per loading See Parking Required Terminals floor area within any requirements. building Warehousing 1 space per 1,000 sf gross Compact: Maximum 10% See Parking Required floor area where 20+ spaces are provided. Truck: 1 space per vehicle operated from site. 1 Minimum standard vehicle stacking capacity in a drive -through lane is eight vehicles. Fractional Spaces. All fractional spaces shall be rounded up to the next highest whole number. Combined Uses. When two or more uses are combined on a given site, the required parking shall be calculated as the combined total required for each individual use. Where two or more uses exist within a single building, parking shall be calculated based on the percentage of floor area devoted to each use Compact and Handicap Parking. The calculation of the number of compact and handicap parking spaces to be provided shall be based on the total number of spaces required. Handicapped (accessible) parking shall comply with standards set forth in Chapter 11 of the Uniform Building Code. B. Unspecified Land Use. If a land use is not specifically listed in Table 17.05-1, the Community Development Director shall decide which standard most closely reflects the demand for parking that will be generated by the proposed project. For uses not specifically mentioned, the requirements for off-street parking spaces shall be the same as for similar mentioned uses and the Planning Director shall determine in writing the parking requirements for the proposed project. In the event the determination of the Community Development Director shall be deemed unsatisfactory or unreasonable, the applicant may present the matter to the Planning Commission in writing for posting on the agenda of a regularly scheduled Commission meeting, for determination. C. Reduction of Spaces. No reduction of required parking spaces shall be allowed, except through approval of a variance in accordance with the provisions of this Title 17.05. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.050 Access requirements. Driveways providing ingress and egress to off-street parking spaces shall be designed, constructed and maintained as follows. (Supp. No. 6, Update 2) Page 4 of 8 Created: 2022-05-02 10:29:18 [EST] A. General Requirements. All lots shall have adequate vehicular access from a dedicated and improved street or service road to permit unimpeded movement of goods and people. Visibility on streets and intersections shall not be blocked by signs, trees, hedges, fences, wal►s, or structures. Directional signs and graphics may be used to promote public safety and convenience. B. Driveways. The following requirements are applicable to driveways: 1. Driveways shall not be located where they would impede traffic on streets or through intersections. 2. Driveways and aisles shall be maintained unobstructed at all times. 3. The minimum driveway width shall be 12 feet per lane for a one-way driveway and 25 feet for a two-way driveway. C. Aprons. Each garage shall have an adequate paved area in front of the garage (apron) for maneuvering. The minimum paved apron width shall be 24 feet. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.060 Parking facility standards and dimensions. Off-street parking areas shall be provided on the subject site, outside of any public right-of-way, in compliance with this section. A. Parking Stall Design. Parking facilities shall be designed to conform to the following minimum guidelines and standards: 1. Parking spaces shall be located on the same lot as the use to which they serve, unless remote parking is permitted by the Community Development Director pursuant to the provisions of Section 17.05.80 (Remote Parking). 2. Access to parking stalls shall not be taken directly from a public or private street or alley. 3. The entrance to a private garage or carport shall be located a minimum of 24 feet from the street which the garage or driveway faces. 4. A 15-foot vertical clearance shall be maintained over all parking areas, driveways, and access points. 5. Driveways serving a parking area with 20 or more spaces shall be designed with either one-way circulation or a double driveway system. 6. No parking area shall be designed so that vehicles back into a street, except for single-family dwelling units. 7. No parking space shall be located within 20 feet of the access driveway, except within the R-SF zone. 8. All carpooling parking spaces and bicycle racks shall be located near the main entrance of the facility they are intended to serve. B. Parking Space Dimensions. Table 17.05-2 identifies the minimum required dimensions for parking stalls and aisles for standard, compact, and truck parking spaces. No more than a six-inch vehicle overhang into a landscaped area is permitted only when curb stops are not provided. (Supp. No. 6, Update 2) Table 17.05-2 Parking Space Dimensions Page 5 of 8 Created: 2022-05-02 10:29:18 [EST] Type of Parking Angle Stall Depth (Y) Drive Aisle Width Stall Width M Section Width Standard Parking Spaces 0° 9 feet 10 feet 24 feet 28 feet 45° 19 feet(a) 14 feet 12 feet 9 inches 52 feet(b) 90° 19 feet 26 feet 9 feet 64 feet Compact Parking Spaces 0° 9 feet 10 feet 20 feet 25 feet 45° 16 feet 14 feet 8 feet 43 feet 90° 16 feet 26 feet 8 feet 64 feet Truck Parking Spaces 0° 12 feet 24 feet 50 feet 52 feet 45° 44 feet 32 feet 17 feet 120 feet 50° 50 feet 46 feet 14 feet 145 feet 90° 50 feet 60 feet 12 feet 160 feet Notes: (1315'-10" for overlapped or herringbone layout. (b�45'-9" for overlapped or herringbone layout. C. Emergency Access. Dedicated fire lanes to serve as access for fire vehicles and emergency apparatus from a public street shall be provided as set forth below and shall be posted as a fire lane: 1. If any structure is 50 feet from a right-of-way and more than 30 feet high; or 2. If any structure is 150 feet from a right-of-way and 30 feet high or less; or 3. If the structure or use is commonly associated with a fire or explosion hazard; or 4. If the structure or use attracts a large congregation of people, as determined by the Fire Department. 5. Fire lanes must be at least 25 feet wide. An alley can serve as a fire lane if it meets the requirements. Likewise, an appropriately designed buffer strip unobstructed by landscaping or structures, can serve as a fire lane. 6. Projects with other characteristics, such as distance from the nearest fire hydrant, site design, etc., which inhibit fire control may require provision of a fire lane at the discretion of the Planning Director. 7. Alternative means of fire control may be provided, subject to the approval of the Fire Department. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.070 Parking required improvements. Off-street parking areas shall be improved in compliance with this section. A. Covering Materials. All parking spaces, maneuvering areas, turnarounds, and driveways shall be paved with asphaltic concrete or Portland cement in accordance with standards set by the City Engineer/Director of Public Works. (Supp. No. 6, Update 2) Page 6 of 8 Created: 2022-OS-02 10:29:18 [EST] B. Parking Stall Designations. All parking spaces except those in garages or carports shall be marked with paint or other distinguishable material. Compact and handicap parking spaces shall be identified to preclude use by other vehicles. C. Directional Signage. Directional signs shall mark one-way entrances and aisles and shall be visible to drivers of vehicles using the facility. D. Wheel Stops. Bumper guards and wheel stops shall be provided as needed to protect buildings, structures, landscaping, and other vehicles. E. Parking Area Lighting. The lighting of parking areas shall be designed in accordance with the standards for light and glare in Section 17.05.080 of this Title. F. Buffers. Parking areas provided for commercial and industrial uses shall be separated from any adjoining residential zone, church, school, or park by a six -foot -high masonry wall. G. Headlight Glare. Where parking for any non-residential use is provided on any area of a lot whereby parking spaces or vehicle maneuvering areas will result in vehicle lights shining onto a public street, a wall or dense planting of shrubs or similar landscape material shall be provided as a buffer between the parking/maneuvering area and the street. The height of the wall or landscaping shall not be lower than three feet. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.05.080 Shared and remote parking. Certain types of developments or combinations of land use within a specific development may be eligible for a parking reduction if it can be demonstrated that such development may benefit from shared parking. This section indicates the procedures applicable to development applications requesting either shared -parking or remote parking. A. Special Study Required for Shared Parking. Two or more uses may share parking facilities, subject to the approval of the Community Development Director and the provisions of this section. A parking demand analysis for the uses proposed to share parking facilities shall be prepared. The parking demand analysis shall be prepared by a registered traffic engineer or other professional with expertise in the field. When such analysis demonstrates, to the satisfaction of the Director, that the uses have different peak parking requirements, then the parking space requirement may be reduced by the Director. In no event, however, shall the parking requirement be reduced below the highest peak parking requirement of the use demanding the most parking. B. Conditions and Requirements for Shared Parking. The following conditions must apply for shared parking to be permitted. 1. The uses sharing the parking facilities shall be located on the same lot or contiguous lots. 2. A legal agreement shall be signed by all parties sharing parking facilities. Such agreement shall be approved by the City Attorney and Community Development Director, shall be recorded with the County Recorder's Office, and shall continue to be valid upon change of ownership of any property subject to the agreement or any lawfully existing building or structure on said properties. 3. Shared parking arrangements must be authorized by any discretionary permit issued for the use for which the parking is provided. Where no discretionary permit is required, such shared parking arrangements shall meet all other requirements of this Subsection B. C. Remote Parking. The following conditions must apply for remote parking. (Supp. No. 6, Update 2) Page 7 of 8 Created: 2022-05-02 10:29:18 [EST] 1. Remote parking may be permitted for multi -family structures and commercial and industrial uses, provided such parking facilities are located no more than 300 feet from the use they are intended to serve. 2. A covenant for use of the lot for parking shall be required between the owner of the lot supporting the proposed use and the owner of the lot to be used for remote parking. The covenant for remote parking shall be prepared by the City and recorded with the County Recorder of the County. The covenant may not be revoked, modified, or canceled without the consent of the City. 3. Such agreements for remote parking shall be authorized by any required discretionary permit issued for the proposed multi -family structure or commercial or industrial use. 4. Where no other application is involved, a conditional use permit shall be required to authorize remote parking. .jwntown In Lieu Parking Fee. Upon the Ci 's adoption of an in -lieu parking program,require parki.np for any development in the Downtown may be reduced or eliminated through the payment of an: "eu parking fee. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 8of8 Created: 2022-05-02 10:29:18 [EST] TITLE 17 - ZONING Chapter 17.10 AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS Chapter 17.10 AFFORDABLE HOUSING INCENTIVES/DENSITY BONUS PROVISIONS 17.10.010 Purpose. The purpose of this Chapter is to provide incentives for the production of housing for very low income, lower income, moderate income, and senior households in accordance with Government Code Sections 65915-65918 (i.e., State density bonus lawl. In enacting this Chapter, it is the intent of the City to facilitate the development of affordable housing and to implement the goals, objectives and policies of the Housing Element of the City's General Plan. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.020 Definitions. "'"^^^ •"^^"^ '^-All terms afe-used in this Ceha ter, p they -shall have the meanings established bytWs sectier+this Develooment Code or as superseded by State density bonus laws of mixed use 99RIA9 iR CW�WReti9A With the h9USIR9 develelament gr aRY other FegulatGFY"AGeRtiye, which would raleulat[eng. Beaumont, California, Code of Ordinances Created: 2022-05-02 10:29:19 [EST] (Supp. No. 6, Update 2) Page 1 of 9 ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.030 Implementation. The City shall grant a density bonus and/or additional incentives or concessions, waivers or reductions of deveio[�ment stanaaras, ana, or,:amng ratios as described in State density bonus law to an applieafA qualifying rp olect pursuant to State density bonus law.whe agFees to pFevide the felle ing taFget units: The urovisions of this Chapter shall be administered by the Community Develo iment Department consistent with Chapter 17.02 {Administration and Enforcement)1-N.A.FPFIAGame Wnits. Designate at least teR PeFcent ef the tetAl units ef a housing development, OF 2. VeFy6@4A,lRE;eFRe'1R1%s DggigRate at least five pement of the tatal units of a housing development, OF such 9theF percentage prqvided by law, as taFget units affordable to very low lReeme he -seholds (Supp. No. 6, Update 2) Page 2 of 9 Created: 2022-05-02 10:29:19 [EST] (Supp. No. 6, Update 2) Page 3 of 9 Created: 2022-05.02 10:29:19 [EST] ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.040 Types of enureraad-incentives allowed. A. Density Bonus. The deRs4%y bemis allewed by this rmhapteF shall censist of those deRSitY !RGFeases speGified in land use peFFAit applicatign. A single develBIEFReRt PFejeet shall Rat he g-@Rted FAeFe than ene density benus ..lianee with this rhapte. The Gity shall PF9vide a density bonus and an additleRal iR9@Rt1VP fRF qualified deyelepmeRts, wfaaR the SeetieR 5IJIIt1 1Tr pFevidiRgthe taFget units. Any applicant seeking a wibveF OF FAGVOGRtign afnievelopment or zoning A& OMPF I rnnt6•^^t' ^c T-v-nes of Incentive If requested by the applicant, a qualifying project shall be entitled to at least one of the following incentives, unless the City makes the findings required by Government Code Section 65915(d)(1): 1. Types 41ncent4ves. The alleEaties of an additieRal iReentive shall be deteFfflined 9A a ease by Ease basis The ...lsl:tignal :ns....a:..e Fna..:Aslude but :s net limited to any efthe fells...: ..... a— —A reduction in site development standards or a modification of the requirements of this Development Code, which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. These may include, but are not limited to, one or more ofthe following: ia. Reduced minimum lot sizes and/or dimensions. 4h. Reduced minimum lot setbacks. 4k . Reduced minimum outdoor and/or private outdoor open space. (Supp. No. 6, Update 2) Page 4 of 9 Created: 2022-05-02 10:29:19 [EST] ivd. Increased maximum lot coverage. ve. Increased maximum building height. Wf. Reduced on -site parking standards. viig. Reduced minimum building separation requirements. viiih. Other site or construction conditions applicable to a residential development. b2. Mixed use zoning to allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone. Approval of mixed -use activities in conjunction with the housing development if other land uses will reduce the cost of the housing development,—aae-+� in the area, and is consistent with the General Plan. c-3. Another regulatory incentive or concession proposed by the applicant and agreed to by the City, that results in identifiable, financially sufficient, and actual cost reductions. Permissible incentives include direct financial aid (e.g., redevelopment set -aside, Community Development Block Grant (CDBG) funding) in the form of a loan or a grant to subsidize or provide low interest financing for on or off -site improvements, land, or construction costs. d4. A density bonus of more than 'R.hat allowed under State density bonus law. e5, Waived, reduced or deferred plan check, construction permit and/or development impact fees (e.g., capital facilities, park, traffic, etc.). B. Additional Incentives. The approval of an additional incentive or incentives above that allowed by State density bonus law shall be determined on a case -by -case basis by the City's review authority. z� ZeRi8ff Standffds shall shev.; that the v_WVPF RF FARdifiratiRA iS ReeeSSaFY te make the housing development). densitybe d. Ggsts. PFeieetead^sts: May include items that aFe FeqHlFed solely beeabise ef the efthe density benus mits and %m0w.Id n9t have been Fee sired ...Ithei it the unitr ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.050 Requirements for density bonus projects. A. The entry into and execution of the density bonus housing agreement shall be a condition of any application f9F a di5EFetiGnary planning peRnit (e.g., tFao maps, paFeel Fnaps, site PlaRS, plaRned develepment, OF for a housing development proposed pursuant to this Chapter (see Section (Supp. No. 6, Update 2) Page 5 of 9 Created: 2022-05-02 10:29:29 [EST] 17.10.080 . The agreement shall be recorded at the applicant's cost as a restriction running with the land on the parcel or parcels on which the target units will be constructed. The ewR ebligati.... t.......:.....:.. R9 24eFd2hIP I ausaRg shall be eymeleAced an the density benus housing agFeen;eRt- The affFeement shall B. Target units shall remain restricted and affordable to the designated group for a period ofW955 years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), or otherwise as provided by law. mr -die 1-pefsea 4 h_^'� �:G.,n -persons 4 bedfesRRs . .:.gym i C. An applicant shall agree that the initial occupants of the moderate -income units in the condominium project or in the planned development are persons and families of moderate income, as defined in Health and Safety Code Section 50093. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e), that promote homeownership. For purposes of this subsection, the City's proportionate share of appreciation shall be equal to the percentage by which the initial sale price to the moderate -income household was less than the fair market value of the home at the time of initial sale. The owner shall submit annually, and within 30 days of occupancy of a target rental unit, a certificate of compliance, which shall include the name, address, and income of each tenant occupying the target unit. The owner shall maintain and keep on file annual sworn and notarized income statements and current tax returns for all tenants occupying the target rental units. R. The owner shall provide to the City any additional information required by the City to=,nsure the long-term affordability of the target units by eligible households. Gd. The City shall have the right to inspect the owner's project -related records at any reasonable time and shall be entitled to audit the owner's records once a year. ✓EH. The City may establish fees associated with the setting up and monitoring of target units. it. All for -sale target units shall be occupied by their purchasers; no renting or subleasing shall be permitted. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) Created: 2022-05-02 10:29:19 [EST] (Supp. No. 6, Update 2) Page 6 of 9 Formatted: List 1 Formatted: List 1 Formatted: List 1 l Formatted: List 1 Formatted: List 1 Formatted: List 1 17.10.060 Development standards. A. Target units shall be constructed concurrently with non -restricted units unless both the City and the applicant agree within the density bonus housing agreement to an alternative schedule for development. B. Target units shall be built on -site wherever possible and when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the target units shall be equivalent to the bedroom mix of the non -target units of the housing development, except that the developer may include a higher proportion of target units with more bedrooms. The design and appeaFanee ^f th^ •aFget units Shall ".......,,patible with the desigA f the total hewsi^^ development. All housing developments shall comply with all applicable development standards, except those standards, which may be modified as provided by this Cehapter. Deviations from these provisions may only be permitted as part of an approved density bonus housing agreement. C. Circumstances may arise in which the public interest would be served by allowing some or all of the target units associated with one housing development to be produced and operated at an alternative development site. Where the applicant and the City form an agreement, the resulting linked developments shall be considered a single housing development for purposes of thisc-Chapter. Under these circumstances, the applicant shall be subject to the same requirements of this Cehapter for the target units to be provided on the alternative site. D. Saari* PaFki^^ FeqWiFement, Upon request of the developer of a housing development qualifying for a density bonus pursuant to this Chapter, the City shall permit vehicular parking ratios, inclusive of handicapped and guest parking, aypepdaRee n•'n•h the fallowing standaMs R. ^ ^ "^a ^^- ^ T•A•^ and nne half parking spar consistent with State density bonus law. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.070 Processing of density bonus requests. An application for a density bonus housing agreement pursuant to this Chapter shall be processed as part of the application for a housing development. An app"-a"^- f^' - heusing development shall Fiat be deteFF IRed '69FRplete' feF purposes of GaYeFFIFReRt Gede SeetieR 65920, at seq., unless and until the City Gemne"! has given pFellpAiRaFy BPPFBYR' Af the fBFFR and Fentent ef a density benus Musing affeement, which eemplies with the A• `�An applicant proposing a housing development pursuant to this rshapter shall submit an Formatted: Paragraph 1 _+ application for a density bonus housing agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre -application or a formal application, shall be Provided on the City's application form and include a: t. ' brief description of the proposed housing development, including the total number of units, target units, aPA density bonus units proposed, and anv incentives or waivers being req uested.f (Supp. No. 6, Update 2) Page 7 of 9 Created: 2022-05-02 10:29:19 [EST] ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.080 Density bonus housing agreement. A. A legally binding agreement between a developer of a housing development and the City, which ensures that the requirements of this Chapter and State density bonus law are satisfied, shall be executed. Thise tersfls of •he dFaft ensity bonus housing agreement (the "agreement") shall be reviewed and •-••'�. wed' R^ appreprateaooroved by the Community Development Director and the City Attorney who shall formulate a recommendation to the review authority forfi" approval. B. Following execution of the agreement by the applicant and the City, the completed agreement, or memorandum thereof, shall be recorded. The conditions contained in the agreement shall be filed and recorded on the parcel or parcels designated for the construction of target units as a condition of final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The agreement shall be binding upon all future owners and successors in interest for this property, which is the subject of the housing development application. C. At a minimum, the agreement shall include the following: 1. The total number of units proposed within the housing development, including the number of target units; 2. A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost; 3. The location, unit sizes (square feet), and number of bedrooms of target units; 4. Tenure of use restrictions for target units 9t�:^t'^ year; 5. A schedule for completion and occupancy of target units; 6. A description of any additional incentive being provided by the City; (Supp. No. 6, Update 2) Page 8 of 9 Created: 2022-05-02 10:29:19 [EST] 7. A description of remedies for breach of the agreement by either party (the City may identify tenants or qualified purchasers as third -party beneficiaries under the agreement); and 8. Other provisions to ensure implementation and compliance with this Cshapter and State density bonus law. D. In the case offor-sale housing developments, the agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to and occupied by eligible very low, lower income, or, in the case of a condominium or planned development, moderate income households at an affordable sales price and housing cost, or to qualified senior citizen residents (i.e., maintained as senior citizen housing). 2. The initial purchaser of each target unit shall execute an instrument or agreement, approved by the City Attorney, restricting the sale of the target unit in accordance with this Cehapter and State density bonus law during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain provisions as the City may require to ensure continued compliance with this Chapter and the State density bonus law. E. In the case of rental housing developments, the agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies and the proper management and maintenance of target units for qualified tenants; 2. Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this CEhapter; and 3. Provisions requiring owners to submit an annual report to the City, which includes the name, address and income of each person occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.10.090 Changes in State density bonus laws. It is the intent of the City Council that the provisions of this Chapter shall be interpreted so as to fulfill the requirements of Government Code Section 65915 et seq., notwithstanding changes in State laws revising percentages, numerical thresholds and/or other standards applicable to the granting of density bonuses or related incentives that may occur after the effective date of this chapter. Accordingly, it is the further intent of the City Council that any such changed percentages, numerical thresholds or other standards shall be deemed to supersede and govern any conflicting percentages, numerical thresholds or other standards contained in this chapter, to the maximum extent permitted by law. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 9 of 9 Created: 2022-05-02 10:29:19 [EST] TITLE 17 -ZONING Chapter 17.11 GENERAL DEVELOPMENT STANDARDS Chapter 17.11 GENERAL DEVELOPMENT STANDARDS 17.11.010 Purpose and authority. This Chapter establishes general development standards for all land uses and development in the City. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.020 Applicability. The regulations contained in this Chapter are applicable to all site development in the City of Beaumont. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.030 Lots and divisions of land. Whenever a division of land is proposed, the total number of lots or density permitted shall be determined pursuant to the City of Beaumont General Plan, any applicable adopted specific plan and the Government Code. In any event, no parcel shall be created that is below the minimum size allowed by the zoning classification that has been applied to the parcel of land unless a variance has been granted that allows smaller parcel sizes, a conditional use permit has been granted for a planned residential development that allows smaller lot sizes as a part of an overall development, or a conditional use permit has been granted pursuant to Section 17.11.030.D. Other requirements that are applicable are indicated in this Section. A. Recorded Lots. Any lot shown upon an official subdivision map or record of survey map duly approved and recorded or any lot for which a bonafide deed has been recorded prior to the effective date of Ordinance No. 324 may be used as a building site, provided the required yard setbacks are maintained. Sale of a Portion of a Lot. Where a lot is divided into separate ownerships and the area of either portion is such that the number and location of the buildings on the lot are not located within a particular zone, then, in determining the permissible number and location of any buildings on either portion of the lot, both parts shall be considered as one parcel only. C. Gated Communities. The City will review requests for gated communities during the tentative map process and may approve gated communities if the following findings are made: Gated communities shall include pedestrian and bicycle access, connections, and improvements with access points located no more than 600 feet apart; and There is a demonstrated need for public safety or security that will be satisfied by the gate; or There is a demonstrated benefit for private maintenance of infrastructure and facilities located within the gated community. D. Small Lot Development. Residential development located on lots less than the minimum lot size established in the R-TN or R-MF zones may be approved with a conditional use permit subject to the following standards: 1. Maximum and minimum density shall be consistent with the zone, and as may be modified through a density bonus (Chapter 17.10). Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 24 Created: 2022-05-02 10:29:19 [EST] 2. The minimum lot size shall be 2,000 square feet. 3. The minimum lot width shall be 25 feet. 4. The minimum lot depth shall be 50 feet. 5. The maximum area of the lot occupied by structures shall be 75 percent. 6. Setbacks. a. Side Yard Setbacks. The side yard setback shall be a minimum of three feet. For attached units, a minimum side yard setback of five feet shall be provided at the end of the row of attached units. b. Rear Yard Setbacks. Rear yard setbacks shall be a minimum of 10 feet. A minimum rear yard setback of five feet is required for those parcels that have a garage abutting an alley. C. Other Setbacks. Other setbacks shall be consistent with the zone, and as may be modified through a density bonus (Chapter 17.10). ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.040 Site preparation. This Section indicates the requirements are applicable to the preparation of a site for development. A. Property Lines. Boundary stakes shall be placed on the property by a licensed land surveyor prior to beginning construction for the purpose of delineating property lines. B. Site Grading Requirements. Site grading shall conform to the following: 1. All grading shall conform to the Uniform Building Code, Chapter 70, as may be amended by City Ordinance. 2. The minimum building pad and drainage swale slope shall equal one percent if cut or fill is less than ten feet. The minimum building pad and drainage swale slope shall equal two percent if the cut or fill is greater than ten feet. Drainage swales shall be a minimum of 0.3 feet deep and be constructed a minimum of two feet from the top of cut or fill slopes. 3. The maximum cut and fill slopes are two to one (2:1). 4. A five-foot wide by one -foot high berm must be provided, or its equivalent along the top of all fill slopes over five feet high. 5. All grading shall be done under the supervision of a competent soils engineer who shall certify that all fill has been properly placed and who shall submit a final compaction report for all fills over one feet deer). 6. A Registered Civil Engineer shall submit to the Building and Safety Department, written certification of completion of rough grading in accordance with the approved grading plan prior to issuance of the building permit. This certification shall apply to line; grade, elevation and the location of cut fill slopes. 7. A final compaction report will be required for all fills greater than one foot. 8. All grading shall be done in conformance with recommendations of a preliminary soils investigation. (Supp. No. 6, Update 2) Page 2 of 24 Created: 2022-05-02 10:29:19 [EST] 9. Two sets of the final compaction report shall be submitted to the Building and Safety Department which shall include foundation design recommendations and certification that grading has been done in conformance with the recommendation of the preliminary soils report. 10. The contractor shall notify the Building and Safety Department, at least 24 hours in advance requesting finish lot grade and drainage inspection. This inspection must be approved prior to building permit final inspection for each lot. 11. During rough grading operations and prior to the construction of permanent drainage structures, temporary drainage control shall be provided to prevent the ponding of water of water and the flooding of adjacent properties. 12. No fill shall be placed on existing ground until the ground has been cleared of weeds debris, topsoil, and other deleterious material. 13. If steep sloping terrain occurs upon which fill is to be placed, it must be cleared, keyed, and benched into firm natural soil for full support. Preparation shall be approved by a registered Soils Engineer prior to the placement of fill material. 14. Cut slopes or fill slopes equal to or greater than three in vertical height shall be planted with grass or ground cover to protect the slope from erosion and instability in accordance with policies of the City Engineer prior to the approval of final inspection. 15. Dust shall be controlled by watering or other approved methods. 16. All existing drainage courses on the project site must continue to function, especially during storm conditions. Protective measures and temporary drainage provisions must be used to protect adjoining properties during grading operations. 17. Stability calculations with a factor of at least one and five -tenth shall be submitted by a soils engineer to the Building and Safety Department for cut and cut and fill slopes over 30 feet in vertical height. 18. A Registered Civil Engineer or licensed land surveyor shall submit certification of building pad elevation. Where specific elevations are required; the elevation (with respect to mean sea level) shall be given. If an elevation with respect to adjacent ground surface is required, the actual distance above the adjacent ground shall be given. 19. The design engineer shall provide a minimum of one blue top finished pad, prior to rough grade approval. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.050 Off -site improvements. This section indicates the specific requirements with respect to off -site improvements. Notwithstanding any provision to the contrary in this ordinance, this Section shall not be subject to Section 17.02.100 of this ordinance related to the following of variances. A. Requirements for Certain Improvements. Prior to the issuance of a Building Permit for erecting a new structure, an enlargement or addition in excess of 300 square feet or of more than 25 percent of the original area of an existing residential structure, or movement of structure on any lot abutting a public street, the applicant for such building permit for the owner of such property shall comply with the off - site improvement requirements, where applicable, which include lot surveying, and installation of curbs and gutters and other improvements as outlined in the ordinance. (Supp. No. 6, Update 2) Page 3 of 24 Created: 2022-05-02 10:29:19 [EST] B. Provisions Made for Completing Improvements. No building or structure shall be erected, constructed, enlarged or altered on a lot which abuts a street unless provision is made or has previously been made, for the dedication of the necessary right-of-way for street and highway purposes, and for the improvement of that portion of the street and/or right-of-way upon which the lot fronts and adjoins. The improvement shall include the installation of curb, gutter and pavement and such sidewalk as is required on that side of the centerline of the street and/or right-of-way adjoining said lot. A Certificate of Occupancy shall not be issued for any building or structure subject to the provisions of this ordinance without all improvements and dedications required hereunder being made and completed or the appropriate security filed with the Director of Public Works/City Engineer as required. C. Plans and Standards for Improvements. The owner, developer or applicant for the building permit shall submit plans prepared by a Registered Engineer for said dedication and improvement to the City Engineer for his review and approval. The following requirements also apply: 1. All street improvements required by this Subsection shall be designed in accordance with the standards for such streets as set forth in the official standards as approved by the City Council. 2. All plans to be based on City Benchmark Systems. D. Street Dedication and Improvements Required. This Subsection indicates specific requirements with respect to street dedications and any required improvements. 1. No building shall be erected, enlarged by more than 25 percent or moved to any lot or parcel of lots, which abuts or adjoining a street unless the one-half portion of such street adjoining or abutting the developed area has been dedicated and improved in accordance with the current standards and specifications on file in the Office of the City Engineer. 2. Curb and gutter in front of the lot upon which the building or structure is to be erected shall be provided as required by the City Engineer in compliance with the Standard Specifications of the City. 3. If sidewalks exist on 25 percent or more of the total frontage of the lots in the block on that side of the street adjoining the lot upon which the building or structure is to be erected or constructed, then a sidewalk shall be provided in front of said lot provided that the City. Council may waive the provisions for sidewalks in front of single family residences, in manufacturing zones, and in open space zones if appealed by property owner. 4. The City Council may extend the time for of improvements for a period the date of occupancy permit security and development the -construction of one year from with a signed agreement. Costs of Engineering and Improvements. The owner, developer or applicant for the building permit shall pay all costs of dedication and improvement, including any cost for the removal or relocation of utilities, including fire hydrants, traffic signals, street lighting, drainage culverts, and of preparation of plans and blueprints. Completion of Improvements. Any person required to make street improvements pursuant to the provisions of this Subsection shall make and construct all of said improvements in accordance with said standards and specifications and other requirements of the Director of Public Works/City Engineer, or upon City Council approval, shall file with the City Engineer, a letter of credit, cash, certificate of deposit, or an agreement and note for the obligation secured by a deed of trust on the property, in such amount as the City Engineer shall estimate and determine to be necessary to cover the total costs of all required improvements. The City Engineer may determine the period of time during which the installation of said improvements could be reasonably delayed, provided that, in any event, the installation or construction of said improvements shall not be delayed for a period of more than two years from the date of final inspection of the building without the approval of the City Council. The City Engineer shall cause a written itemized estimate of the costs of all improvements and the amount of (Supp. No. 6, Update 2) Page 4 of 24 Created: 2022-05-02 10:29:19 [EST] the required security to be given to the owner or applicant required to make the improvements within 30 days after issuance of the building permit. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.060 Building permits. Building permits shall be issued only in accordance with the following conditions: A. Access Required. No building permit shall be issued for a building or structure on a lot that does not have access on a dedicated and improved street or on a private road acceptable to the Planning Director and the City Engineer. B. Compliance with Zoning Required. No building permit shall be issued for a building, structure, or improvement that would be in violation of or contrary to the provisions of this ordinance, other applicable ordinance or law, or lawful condition or regulation of the City of Beaumont. In the event the Director of the Building and Safety Department declines to issue a building permit pursuant to the provisions of this subsection, the applicant may appeal such decision to the Planning Commission that shall review, study and suggest possible alternative proposals that would be in compliance with such ordinances, law, condition or regulation. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.070 Dwellings. This Section indicates the requirements applicable to dwellings. A. Transferal of Residential Requirements. Where a building for dwelling purposes is erected on a lot in a zone other than the zone in which such building for dwelling purposes is first ordinarily or primarily permitted by this ordinance, such lot shall be subject to the same requirements for yards, minimum lot area and percentage of lot coverage as are specified in this ordinance for a lot in the zone in which such building for dwelling purposes is first ordinarily or primarily permitted. This general provision shall prevail over any specific setback stated in nonresidential zones. B. Location of Dwellings. Except in multiple dwelling developments or where otherwise provided in this ordinance, every dwelling shall face or front upon a street or permanent means of access to a street, and in no event shall any dwelling face or front upon an alley. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.080 Walls and fences. This Section indicates the requirements applicable to fences and walls. A. Fencing Materials. Solid fences in multiple family residential, commercial and manufacturing zones shall be masonry or other permanent materials as approved by the Community Development Director. Open work fences facing any public street in commercial zones must be either masonry or metal grill work such as wrought iron. Open work fences in any other situation may, in addition to the above, be open metal mesh, or any other appropriate material as determined by the Community Development Director. Fencing materials for residential development in the single-family residential zones shall be subject to approval by the Community Development Director. Fencing materials shall be compatible with, and complement, conditions which prevail in the subject area, with consistency relative to architectural characteristics, other fencing in the vicinity and materials. Wherever practical and Created: 2022-05-02 10:29:19 [EST] (Supp. No. 6, Update 2) Page 5 of 24 appropriate, decorative masonry and other materials shall be employed as determined appropriate by the Planning Director. Barbed wire fences may only be permitted in agricultural and manufacturing zones when specifically approved by the Community Development Director. B. Prohibited Materials for Fences and Walls. In no case shall barbed or other similar type wire be used as any part of a fence except where approved by the Community Development Director for use in agricultural or manufacturing zones. Barbed or similar type wire when permitted by the Community Development Director shall not be placed so as to be visible from any facing public street. C. Nonconforming Fences. Every fence erected prior to, the adoption of the ordinance which does not conform with the provisions of the Code of the City of Beaumont, shall be removed, altered or replaced in order to so conform to the Code requirement. Such nonconforming fences shall be abated according to the following schedule provided in Table 17.11-2. The value of fence shall be determined by the building official after consultation with the fence owner and/or a fence installer. Value shall be the book value of the fence, as it existed on the effective date of this ordinance. D. Fence and Wall Location and Height. Fences and walls may be erected on property lines in any zone, with a maximum height of six feet above the ground level immediately abutting the fence at its highest point, with the following exceptions: 1. No fence greater in height than three and one-half feet (42 inches) may be placed in the required front yard, either along the front or side property line; 2. On corner lots, the maximum height shall not exceed three and one-half feet (42 inches) within an area defined on both intersecting street by a 45-degree angle taken through the corner of the building or structure at the point that the structure is closest to the intersection; 3. Within residential zones, fencing in the front yard areas shall be limited to three and one-half feet (42 inches), either along the front or side property line, in the required front yard, or the closest projection of the front of the residences, whichever is greater; 4. In manufacturing zones, fences which do not exceed eight feet in height measured from the ground level immediately abutting the fence at its highest point may be erected at or near property lines; provided that the maximum height of such fences in any yard abutting a public street shall be limited to six feet in height within a five foot setback area from any public street. Table 17.11-1 Abatement Schedule for Nonconforming Walls and Fences Value of Wall or Fences Period for Removal $100.00 or less 90 days $100.01 to $200.00 6 months $200.01 to $400.00 1 year $400.01 to $650.00 2 years $650.01 to $1,000.00 3 years $1,000.01 to $1,500.00 4 years $1,500.01 to $2,500.00 5 years $2,500.01 to $5,000.00 7 years $5,000.01 to $7,500.00 8 years $7,500.01 to $10,000.00 9 years $10,000.01 or more 10 years ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 6 of 24 Created: 2022-05-02 10:29:19 [EST] 17.11.090 Acquisition and use of public property. When the Planning Commission pursuant to the provisions of Title 17 of the Government Code, known as the Conservation and Planning Law, approves the acquisition of any square, park or other public ground or open space, by any public entity, it may in its approval designate for what purpose such property may be used and when so approved such property may be used for any use designed pursuant to this section in addition to those uses permitted in the zone in which such property is located. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.100 Swimming pool, spa and similar. This Section indicates the requirements applicable to swimming pools, spas and similar. A. Adoption of the California Building Code. The California Building Code, current Edition, as Published by the International Conference of Building Officials, is hereby adopted and made a part of this chapter by reference. B. Requirements. 1. Private swimming pools and their mechanical equipment for the use of the occupants of the premises and their nonpaying guests shall be located not closer than five feet to any property line or dwelling. 2. All other swimming pools shall be located not nearer than ten feet from any property line or building. 3. Walls. A masonry wall or other sound reducing material as approved by the Planning Director shall be erected on three sides of the mechanical equipment facing neighboring properties to a height of not less than 18 inches taller than the equipment. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.110 Home occupations. The purpose of this Section is to provide for the conduct of home occupations/home-based businesses in residential zones or buildings in such a manner as to be compatible with, and not disruptive to, residential neighborhoods. The use shall be clearly incidental and secondary to the principal use of a residential dwelling as a dwelling. A. Uses Permitted. The following uses or similar uses shall be considered as home -based businesses provided that such uses comply with the criteria stated in this Section: 1. Professional office occupation whose principal product is information, management or design, including but not limited to accounting, architecture, artist/talent management and promotion, brokerage, business/financial management, computer programming and software development, credit/financial counseling, drafting and illustration, engineering, fashion design, interior decoration and design, legal services, marketing and advertising, property management, and writing and editing. The primary means of contact must be by phone, mail, or other electronic form of communication. Professional office activity does not include research requiring the use of hazardous materials and equipment. Professional office activity does not include a medical office. 2. A secondary office for a business in which the principal office, staff and equipment are located elsewhere. (Supp. No. 6, Update 2) Page 7 of 24 Created: 2022-05-02 10:29:19 [EST] 3. The home office of a salesman, wherein all sales are conducted by telephone or by correspondence and wherein there are no displays or related commodities on premises. 4. Any legal use customarily conducted entirely within a residential dwelling. 5. The home office of a service business where not more than one 2,000-pound (one ton) or smaller vehicle used in conjunction with the home -based business is kept on the subject property. 6. Sales of produce (fruit or vegetables) grown on the subject property. 7. Cottage food operations, as defined in California Health and Safety Code Section 113758, shall be a permitted home -based business provided it complies with all applicable provisions of this Section and under the California Health and Safety Code, as it may be amended. B. Conditions. Home -based businesses may be permitted pursuant to the provisions of this Section, subject to the following conditions. 1. Employment shall be limited to residents of the dwelling only. 2. Material or equipment used in connection with such home -based businesses shall be limited to that normally found in a dwelling and recognized as being part of the normal uses and practices in the zone in which the use is a part. 3. There shall be no direct sales of products or merchandise from the dwelling, except for produce (fruit or vegetables) grown on the subject property or otherwise as authorized by this Section. 4. Produce and sales may be permitted subject to sales being limited to three days per week. No structure or stand of a permanent nature shall be erected on the subject property. 5. Customers or clientele shall not be permitted to visit/enter the dwelling in connection with the home -based business. However, incidental uses such as music lessons, tutoring, and the sale of produce may be permitted if the intensity of such use is approved by the Community Development Director. 6. No more than one room of the dwelling shall be used for the home -based business. Use of the garage for the home -based business may be permitted if such use does not obstruct required parking. 7. No alteration of any kind will be allowed to the principal building which changes its residential character. This includes, but is not limited to, the enlargement of public utility services or the installation of special equipment attached to walls, floor or ceilings. 8. The home -based business use shall not generate pedestrian or vehicular traffic beyond that normal/customary to the zone in which it is located. 9. The home -based business shall not involve the use of commercial vehicles for delivery of materials to or from the premises. 10. Materials or supplies shall not be stored indoors or outdoors for purposes other than those permitted in the zone. 11. The home -based business shall not involve the display of signs or advertising devices on the premises except one unlighted sign, not more than two square feet in area, may be posted on temporary produce displays 12. A valid business license from the City shall be obtained each year and shall be posted on any temporary produce displays. (Supp. No. 6, Update 2) Page 9 of 24 Created: 2022-05-02 10:29:19 [EST] 13. The activities of the home -based business shall not be conducted in a manner that negatively impacts the residential area. Such determination of the City may include, but not be limited to, consideration of color of the building, construction, lighting, signs, sounds, noises and vibrations. 14. All operations of such home -based business shall be conducted so as to prevent the emanation of any dust, gas, smoke, noise, fumes, odors, vibrations, or electrical disturbances which are or may be detrimental to the welfare of the occupants of surrounding properties. 15. No accessory building or space outside of the principal building shall be used for the home -based business other than the growing of produce. No outdoor storage, including the storage or parking of vehicles associated with the home -based business, shall be permitted. 16. The following requirements shall also apply to cottage food occupations: i. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling and is the owner of the cottage food operation. The permit shall not be transferable to another operator nor transferable to another site. ii. The cottage food operation shall be registered or permitted as a "Class A" or "Class B" operation by the Riverside County Department of Environmental Health in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California Health and Safety Code requirements. iii. Any applicant for a permit under this Section shall provide to the City, as part of the home - based business application: (1) a copy of the operation's registration or permit to operate as a "Class A" or "Class B" operation, as required under Health and Safety Code Section 114365, and (2) a copy of the self -certification checklist submitted to and approved by the County. iv. The permit shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Section, and all other code sections regarding spacing and concentration, traffic control, parking, and noise control. V. A permit issued under this Section may be revoked for any violation of this Section or of Section 114365 et seq. of the California Health and Safety Code. vi. The City may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the City has, on the basis of a consumer complaint, reason to suspect that adulterated or otherwise unsafe food has been produced by the cottage food operation, or that the cottage food operation has violated this Section and/or California Health and Safety Code Section 114365 et seq. vii. Gross annual sales shall not exceed the amount specified in California Health and Safety Code Section 113758. 17. A home occupation shall be subject to any additional condition or requirement, which may be imposed by the Commission or Council. C. Applications. Applications to have a home -based business shall be made to the Community Development Director, accompanied by the filing fee set forth in the fee schedule, and shall include such information and documentation as may be required to complete a Home Occupation Permit. The applicant shall be the operator of the home -based business and shall be a resident of the dwelling in which the home -based business is located. Information shall be provided to ensure that the proposed home -based business complies with the requirements of this Section. Additional information necessary to make the findings required for approval may be required by the City. The permit may include specific conditions and restrictions necessary to make the use compatible with a residential setting. Created: 2022-05-02 10:29:19 [EST] (Supp. No. 6, Update 2) Page 9 of 24 Exemptions. Activities exempt from the home -based business requirements include temporary sales stands with nominal sales such as children's lemonade stands and hostess parties, not more than three in any 12-month period. No structure or stand of a permanent nature shall be erected onsite for these exempt sales. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.120 Manufactured homes on foundations. A. Conditions. A manufactured home may be installed on a foundation on any lot in the City of Beaumont, that is zoned to permit the construction of a conventional single-family dwelling, if it meets the following conditions: The manufactured home shall be certified under the national Mobilehome Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.) and shall bear a California insignia or Federal label as required by section 18550 (b) of the Health and Safety Code. 2. The foundation system shall meet the requirements of section 18551 of the Health and Safety Code. The manufactured home shall have a roof overhang of not less than 16 inches with a minimum 12-inch gable overhang, unless it is determined that it is not compatible to the neighborhood in which the manufactured home is being located. The manufactured home shall have non-reflecting roofing material and siding material that is compatible with the neighborhood in which the manufactured home is to be located, consistent with standards applied to non -manufactured single-family dwellings. 65. Agarage shall be provided consistent with the requirements for a non-manuractured single-family dwelling. ;ti-,n He r ns;tr ,r#Pd The manufactured home shall be used only as a single-family residential use and shall comply with all the setback and height requirements of the zone in which it is located. Applications. Applications to install a manufactured home on a permanent foundation shall be made to the Community Development Director, on the form provided by the Planning Department, accompanied by the filing fee set forth in the fee schedule and shall include such information and documentation as may be required by the Community Development Director, including the following: 1. Name and address of the applicant and all owners of the subject property, including evidence that all owners agree to the application. 2. Location or address, legal description and zoning of the property on which the manufactured home is to be located. 3. A site plan of the entire property showing location of the manufactured home and all accessory buildings, including all dimensions and setbacks. 4. Certification that the manufactured home complies with the National Mobilehome Construction and Safety Standards of 1974. (Supp. No. 6, Update 2) Page 10 of 24 Created: 2022-05-02 10:29:29 [EST] 5. Photographs that show the manufactured home in sufficient detail with regard to siding material, roof overhang and roof materials. 6. Photographs that depict the type of structures, siding and roofing materials and roof overhang of structures in the neighborhood in which the manufactured home is to be located. C. Processing of Applications. Within 14 days following the acceptance of an application as being complete, the Planning Director shall determine whether the request meets all the of the requirements of this ordinance and shall determine the roof overhang, roofing and siding materials and any automobile enclosure necessary to achieve compatibility with the neighborhood. Upon approval of the application, the Community Development Director shall forward the original thereof to the Building Official, file one copy, and return one copy to the applicant, who shall then obtain all necessary installation and construction permits from the Building Department. If the Community Development Director is unable to approve the application, it shall be returned to the applicant along with a statement of the reasons therefore, giving notice that the applicant may meet with the Community Development Director to discuss the matter. D. Appeal. Appeals shall be provided for plot plans in Section 17.02.060 of the Ordinance. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.130 Mobilehome parks. A. Intent. It is the intent of this section to provide regulations for the establishment, maintenance and operation of mobilehome parks in the City of Beaumont. B. Classification of Mobilehome Parks. 1. Pre -Existing Mobilehome Parks. A pre-existing mobilehome park shall not be deemed nonconforming by reason of failure to meet the minimum requirements prescribed by this section, provided that the regulations of this section shall apply to the enlargement or expansion of a mobilehome park, and provided that the pre-existing mobilehome park on a site less than ten acres shall not be further reduced in area. Planned Residential Mobilehome Parks. A Planned Residential Mobilehome park is a site intended for residential use exclusively in mobilehomes together with recreation and necessary facilities (including trailer and boat storage areas). Planned Residential Mobilehome Parks shall be constructed in accordance with the hereinafter listed requirements. In addition, thereto, planned residential mobilehome parks shall be subject to, and shall comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located. 3. Integrated Mobilehome Parks. An integrated mobilehome park is a site intended for residential use exclusively in mobilehomes not including recreation and accessory facilities. Development standards shall include site development as required in Section 17.03.060 (residential Single -Family Zone) and in Section 17.11.120 (Manufactured Homes on Foundations). In addition, thereto, integrated mobilehome parks shall be subject to, and comply with, such additional conditions and requirements as are determined to be necessary in approving the development to make it compatible with the area in which it is proposed to be located. C. Development Approval. All mobilehome parks shall be developed subject to a conditional use permit as found in Section 17.02. Development Standards for Planned Residential Mobilehome Parks. (Supp. No. 6, Update 2) Page 11 of 24 Created: 2022-05-02 10:29:19 [EST] 1. Site Standards. The following regulations shall apply to the site of a mobilehome park. Additional regulations may be specified as conditions of a use permit. a. Minimum Gross Area: Ten acres b. Maximum Density: Seven units per gross acre. C. Minimum Access Frontage: 250 feet continuous frontage on a dedicated public street. d. Minimum Park Perimeter Yards: Five feet adjacent to a public street. e. Maximum Height: Mobilehomes and accessory structures 35 feet. 2. Interior Site Development. The following requirements shall apply to development of mobilehome spaces and to facilities within a mobilehome park. Additional requirements may be specified as conditions of a use permit. a. Mobilehome Space. Each space shall contain a minimum of 4,000 square feet for exclusive use by the occupants of the space. Each space shall have dimensions capable of accommodating a rectangle with minimum dimensions of 46 feet by 75 feet, and 75 percent of the spaces shall have a minimum depth of 90 feet. b. Mobilehomes shall meet the following minimum lot setbacks: 20 feet front yard. Five feet side yard and ten feet rear yard. The 20-foot front setback may be reduced on interior streets to ten feet if an attached garage is located in front of the mobilehome with at least 65 percent of the front yard landscape with live plant material. C. Access Drive. All mobilehome access drives within a mobilehome park shall be privately owned and shall be at least 30 feet wide exclusive of adjoining parking areas and sidewalks. The Mobilehome Park will be developed in a manner that permits adequate circulation to and within the proposed development for emergency and protective services, including police and fire equipment. Main access drives shall have standard class A curbs and gutters. Other interior access drives shall have rolled curbs and gutters. d. Sidewalks. Concrete sidewalks at least five feet in width shall be provided to serve all central or common facilities within the mobilehome park. Access drives shall be provided with sidewalks on at least one side. e. Accessory Building and Uses. Accessory buildings and uses serving the entire mobilehome park, including recreation facilities, laundry areas, mobilehome park offices, maintenance and storage buildings or storage areas shall be located at least 50 feet from the boundary of the mobilehome park site. f. Landscaping. Not less than 20 percent of each mobilehome space shall be landscaped with live plants, including at least one tree on each space. g. Community Recreation. A minimum of 500 square feet of community recreation area, (exclusive of any mobilehome space) shall be provided within the mobilehome park for each site. The community recreation areas shall contain a clubhouse and a recreational area for outdoor games and activities such as shuffleboard, horseshoes, putting green, or swimming pool. The community recreation and service areas together with the identification of activities planned for the areas, shall be shown on the plans and specifications in such detail as shall be required by the Planning Director. The location and size of all facilities indicated in this paragraph shall be subject to the approval of the Planning Commission. The clubhouse shall have a floor area of not less than 25 square feet for each residential lot, and shall contain adequate kitchen, restroom and storage facilities. In no event shall the community area for any mobilehome park be less than two acres. (5upp. No. 6, Update 2) Page 12 of 24 Created: 2022-05-02 10:29:19 [EST] Improvements. The following improvements shall be installed on all lots used for residential purposes: A concrete slab or other metal or wood deck containing at least 200 square feet. The area between the ground level and the floor of a mobilehome shall be screened from view by an opaque skirt entirely around the mobilehome. No common area for storage of camp and boat trailers shall be permitted unless it is designated on the map. Not more than one mobilehome for residential purposes shall be permitted on a lot. k. Whenever the soil is excavated below a mobilehome, a retaining wall shall be installed extending six inches above grade. Plans for the retaining wall shall be approved by the Department of Building and Safety. Electrical and Television Service. All electrical, telephone, C.A.T.V. and similar service wires or cables which provide direct service to the property being developed shall, within the exterior boundary line of such property, be installed underground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to said property. Utility service poles may be placed on the rear of the property to be developed, only for the purpose of terminating underground facilities. The developer or owner is responsible for complying with the requirements of this section and he shall make the installation of such facilities. m. Exemption. The improvement and setback requirements contained in this subsection may be modified or eliminated when the Commission finds that due to topographical conditions or property ownership patterns these requirements are impractical and will not serve to protect the present or future welfare of the public. 3. Screening and Landscaping. Masonry walls six feet high shall be erected along all boundary lines, except that along all street boundaries the wall shall be erected five feet from the right-of-way line. The area between the wall and the street shall be planted in ground cover. Trees or shrubs shall be planted within the ten -foot strip adjacent to the inside of all boundary walls. All trees and shrubs planted shall be of a variety that will grow to a height of not less than 15 feet and shall be planted at intervals so that at maturity the trees or shrubs will provide a screening of the mobilehome park. All plantings shall be maintained in a growing condition. 4. improvement Requirements. On -site improvements shall be constructed and maintained in conformance with mobilehome park improvement standards, approved by the Planning Commission and the City Council. Such standards may include, but shall not be limited to the design, construction and maintenance of the following: a. Access drives, sidewalks and parking spaces; b. Walls and fences; C. Lighting, signs; d. Curb and gutter, drainage, and sanitary sewer facilities; e. Electrical and water services; f. Fire protection facilities. S. Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 13 of 24 Created: 2022-05-02 20:29:19 [EST] 17.11.140 Wind energy conversion systems. A. Intent. It is the intent of this section to provide regulations for the establishment, maintenance and operation of wind energy conversion systems (WECS) in the City. B. Permit Requirements. Table 17.11-2 identifies the permit requirements for WECS. Additionally, a building permit shall be obtained prior to the installation of a WECS. Table 17.11-2 Wind Energy Conversion Systems (WECS) Location Type Allowed Height Quantity Permit Allowed Allowed Required Residential Private, non- Shall not 1 per lot Conditional Zones commercial' exceed the maximum Use Permit Commercial Private, non- 1 or more per Conditional Zones and All commercial' allowed height lot Use Permit Other Zones within the Not Listed applicable zone Industrial Zone Private, non- 1 or more per Minor Plot Plan and Public commercial' lot Facility Zone Windfarm3 2 or more per Conditional lot Use Permit A private, non-commercial WECS is installed on a developed property for the purpose of providing energy for on -site consumption. A private, non-commercial WECS is only allowed as an accessory use. ;b1;2 ;en;;hg;The Commission may allow the height of a WECS to exceed the maximum allowed height if strict compliance to the height limit would result in no or poor productivity, as established by evidence provided by the applicant. The Commission may require larger setbacks if additional height is allowed. ;b1;3;en;;hg;A windfarm is multiple WECS installed at a single property or area for the purpose of generating larger quantities of electrical or mechanical power for transmission to a public or private utility. C. Application. An application for a WECS shall be made consistent with Section 17.02.040 (Application process). All required information identified on the form shall be provided by the applicant, in addition to the following information: 1. Direction of prevailing winds across the project site; 2. Manufacturer and model designation, rated kilowatt capacity, overall machine height, total blade diameter, rated maximum rotor rotations per minute, and other manufacture's data sufficient to determine compliance with this section; 3. Location and type of security fencing and/or screening; and 4. Proof of liability insurance consistent with Subsection 17.11.140.D.10. D. General Requirements. (Supp. No. 6, Update 2) Page 14 of 24 Created: 2022-05-02 10:29:19 [EST] 1. Development standards. A WECS shall comply with the development standards for the zone in which it is located unless otherwise specified in this section. 2. Height measurement. The height of a WECS shall be measured to the top of the WECS, including any blade when at its highest point. 3. Setback measurement. Setbacks shall be measured to the outer edge of a WECS, including any blade when at its maximum horizontal extension. 4. Setbacks. A WECS shall maintain the same minimum setbacks required for a primary structure within the applicable zone. 5. Colors and materials. A WECS shall have a non -reflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. 6. Advertising and graphics. No advertising, display, or graphic is permitted on any WECS. A manufacturer's identification label and/or any government required identification or safety labels or signs may be affixed to a facility or site in a discrete manner as feasible. 7. Undergrounding required. All wiring or any associated and ancillary equipment, batteries, devices, structures, or support(s) for any WECS, shall be placed underground to the maximum extent feasible. 8. Noise. WECS shall comply with Chapter 9.02 (Noise Control). 9. Security and safety. WECS shall be secured from access to the general public by fencing or other deterring device or means as the City may approve or require so the WECS is not an attractive nuisance. WECS shall either have tower climbing apparatus located not closer than 12 feet to the ground or be un-climbable by design for the first 12 feet. 10. Proof of liability insurance. The owner of any WECS shall provide, as part of the permit application submittal, proof of liability insurance that specifically addresses the installation, use, and maintenance of the WECS to the satisfaction of the City. 11. Effects of development on productivity. The City shall not be liable if subsequent development in the City impairs the productivity of any WECS. 12. Inoperative facility removal required. Any WECS that is not operated for a continuous period of six months shall be considered abandoned. A WECS and all equipment associated with an approved WECS shall be removed within six months of the discontinuance of the use and the site shall be restored to its original pre -construction condition, subject to the approval of the Director. E. Private, non-commercial WECS. A private, non-commercial WECS shall be subject to the following standards. 1. Location. A WECS, including associated and ancillary equipment, batteries, devices, structures, or supports, shall be located in the rear portion of the property (i.e., between the primary structure and rear property line). This provision may be modified by the Commission if strict compliance would result in no or poor productivity, as established by evidence provided by the applicant. 2. Screening. The WECS shall be separated from adjoining properties by at least a six-foot high solid fence or wall, or by trees and landscaping of equal minimum height approved by the Commission. Approval of screening may include reasonable conditions deemed by the Commission necessary to minimize the visual impacts of a WECS. Net -metering. A private, non-commercial WECS may be net -metered with written authorization provided by the utility company. Net -metering is a service to an electric consumer under which electric energy generated by that electric consumer from an eligible on -site generating facility and delivered to the local distribution facilities may be used to offset electric energy provided by the electrical utility to (Supp. No. 6, Update 2) Page 15 of 24 Created: 2022-05-02 18:29:19 [EST] the electric consumer during the applicable billing period. Net -metering does not allow the sale of power back to the electric company or into the wholesale electricity market. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.11.150 Storage facilities. A. Intent. This section establishes requirements for the storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. The purpose of these regulations is to provide adequate and convenient guidelines for self - storage, outdoor storage and display of materials, merchandise, and equipment in the appropriate zones. The intent of these regulations is to minimize visual impacts to adjacent properties and public rights -of -way and to protect public health, safety and welfare due to the over development of these storage intensive facilities and encourage economic development within the City of Beaumont by controlling the number, size, and location of these types of facilities. B. Classification of Storage Uses. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: 1. Outdoorstorage use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. Truck yard or truck terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site. 3. Automobile parking or storage facility means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping automobiles or recreational vehicles (including RV's, boats, watercraft, off -road vehicles) or other vehicles, together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling. 4. Contractor or building materials storage yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor's business licensed within the City of Beaumont. 5. Mini -storage, mini -warehouse, self -storage or public -storage means an operation serving the public where customers rent or lease, or self -store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities. 6. Storage uses means any of the forgoing uses in subsections 1-5. (Supp. No. 6, Update 2) Page 16 of 24 Created: 2022-05-02 10:29:19 [EST] C. Applicability. The requirements of this chapter shall apply to the establishment or modification of storage uses in zoning districts in which the storage use is permitted, pursuant to Beaumont Municipal Code Chapter 17.03. This chapter shall not apply to legally existing storage uses or pending applications as of the effective date of the ordinance codified in this chapter. The continuation of legally established existing storage uses shall be subject to the regulations and guidelines of Chapter 17.08, Non -conforming uses of the Beaumont Municipal Code. D. Storage Uses. The following shall apply to all outdoor, truck yard or truck terminal, automobile parking or storage and contractor or building materials storage yard uses: Storage uses shall not be located adjacent to or across a street or intersection from residentially zoned land, public or private schools, public parks and open space intended for public park and recreational use. 2. Storage uses should be limited to occupying parcels not suitable for valuable commercial or industrial, job producing uses. a. Site Design Standards. (1) All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc. (2) Parking shall be provided for the primary use associated with a storage use in accordance with Chapter 17.05 (Off -Street Parking and Loading Standards) of the Beaumont Municipal Code or an applicable specific plan. (3) All passenger vehicle parking lots, drive -aisles, and truck parking areas or truck courts, and outdoor storage areas shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation. (4) Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on -site and to avoid queuing, stacking, loading, unloading, and parking of vehicles off -site on adjacent streets. (5) Signage for directional guidance to vehicles entering and exiting the facility shall be provided on -site. Screening Standards. (1) All stored goods and materials, not including trucks and trailers within truck parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. (2) Screen walls shall not be located within any required front yard or street side yard building or landscape setback area. (3) All stored goods and materials, not including trucks and trailers within truck parking areas, shall not exceed eight feet in height. Screen walls shall be of adequate height to screen on - site uses but not exceed eight feet in height. Mature landscaping shall be required to effectively screen along street frontages any area where the eight -foot screen wall is Created: 2022-05-02 10:29:29 [EST] (Supp. No. 6, Update 2) Page 17 of 24 unable to provide complete screening and subject to the requirements of Chapter 17.11.080 Walls and Fences. (4) Solid walls surrounding storage uses which are either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight feet of the wall is visible from public view. (5) A combination of fencing and landscaping may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening and subject to the requirements of Chapter 17.06 Landscaping Standards. (6) Access gates and doors may be constructed of open wrought iron and provide adequate vehicle stacking. (7) Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls. C. Security Standards. (1) All storage uses shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee. (2) All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code. d. Operational Standards for Outdoor, Truck Yard or Truck Terminal, Automobile Parking or Storage and Contractor or Building Materials Storage Yard Uses. (1) An operations and truck route plan shall be submitted for review and approval as part of the conditional use permit or plot plan application as required under Chapters 17.02 and 17.03. The plan shall describe the operational characteristics of the proposed use, including but not limited to, hours of operation, number of employees, types of items to be stored at the site, property maintenance and the proposed truck routing to and from the facility to designated truck routes which to the greatest extent feasible avoids passing residential, educational, park and open space intended for public park and recreational use areas. The plan shall also include physical and operational measures for preventing truck queuing, stopping, and parking on public streets. (2) Storage uses are subject to all applicable fire, health, safety, and building regulations. (3) Storage is not permitted in required front or street side yard setback areas. (4) Caretaking units shall be permitted, provided parking is accommodated on -site. e. Performance Measures and Standard Conditions of Approval. (1) The following measures shall be included as performance measures and standard conditions of approval for all storage uses: (Supp. No. 6, Update 2) (a) The queuing of trucks on streets or elsewhere outside of facility shall be prohibited. All queuing, stacking, loading, unloading, and parking shall occur exclusively on -site. (b) The operator of the storage use shall be responsible for implementing and monitoring an operations and truck route plan during all operations, including, but not limited to posting the plan and educating truck drivers on the approved routes. Page 18 of 24 Created: 2022-05-02 10:29:19 [EST] (c) Facilities shall not store any products, goods, materials, or containers outside of any building on -site, except for trucks and trailers associated with the facility, unless such storage is permitted through the entitlement process in accordance with this chapter. (d) Drivers shall not sleep or reside within any vehicle on -site overnight or for any other extended duration of time. (e) Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the city that an issue exists. (f) Prior to the issuance of a certificate of occupancy or business license, any new tenant or operator of a storage facility shall: a) submit an operational plan and trip generation analysis prepared by a licensed traffic engineer for review and approval demonstrating the proposed operations and projected traffic associated with the new tenant or operator is the same or less than the projected traffic assumed in the approved entitlements for the facility; and b) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. If the proposed operations and trip generation represent a significant change in operational characteristics or more than ten percent increase in trip generation beyond what was entitled, a modification to the entitlements shall be required prior to the start of operations. Exempt Uses. (1) The following uses shall be exempt from the provisions and requirements of this chapter: (a) Vehicle, boat, and recreational vehicle dealerships (b) Temporary seasonal displays (e.g. Christmas tree lots, pumpkin patch lots, etc.) (c) Ancillary or outdoor display by indoor retailers approved as an accessory use. (d) Existing, conforming uses are exempt from these provisions. E. Mini -storage, Mini -warehouse, Self -storage or Public -storage. The following shall apply to mini -storage, mini - warehouse, self -storage or public -storage uses: Mini -storage, mini -warehouse, self -storage or public -storage uses shall be limited to occupying parcels of irregular shape not suitable for valuable commercial or industrial, job producing uses. Site Design Standards. (1) All buildings and structures shall incorporate enhanced architectural treatments on all sides visible from public view. Enhanced architectural treatments include combinations of accent building materials, windows/spandrel glass, reveals, metal eyebrow accents, cornices, etc. (2) Parking shall be provided for the primary use associated with a storage use in accordance with Chapter 17.05 (Off -Street Parking and Loading Standards) of the Beaumont Municipal Code or an applicable specific plan. (3) All passenger vehicle parking lots, drive -aisles, and truck parking areas or truck courts, and outdoor storage areas shall be paved with asphalt or concrete; no areas shall remain unfinished and all areas of a developed site shall be finished with a permanent surface or permanent landscaping materials and irrigation. (4) Sufficient space, including additional overflow areas, shall be provided to accommodate all maneuvering, queuing, stacking, loading, unloading, and parking of vehicles on -site and to (5upp. No. 6, Update 2) Page 19 of 24 Created: 2022-05-02 10:29:19 [EST] avoid queuing, stacking, loading, unloading, and parking of vehicles off -site on adjacent streets. (5) Signage for directional guidance to vehicles entering and exiting the facility shall be provided on -site. Screening Standards for Mini -storage, Mini -warehouse, Self -storage or Public -storage. (1) All stored items, not including trucks, trailers or recreational vehicles within truck parking areas and courts, shall be completely screened from public view, by a combination of buildings and/or solid screen walls of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. (2) Screen walls shall not be located within any required front yard or street side yard building or landscape setback area. (3) All stored items, not including trucks, trailers or recreational vehicles within truck parking areas, shall not exceed the height of the permanent structures or screen walls depending on location of stored items. Screen walls shall be of adequate height to screen on -site uses but not exceed eight feet in height. Mature landscaping shall be required to effectively screen along street frontages any area where the eight -foot screen wall is unable to provide complete screening. (4) Solid walls surrounding storage uses that either at grade or are above the grade of an adjacent street shall incorporate a berm/slope along the entire length of the wall that ensures that no more than eight feet of the wall is visible from public view. (5) A combination of fencing and mature landscaping may be provided in lieu of solid screening walls along the side and rear property lines in areas where the site is not visible to the public. A combination of trees and shrubs shall be provided to ensure adequate screening. (6) Access gates and doors may be constructed of open wrought iron. (7) Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls. Security Standards. (1) All storage buildings and storage areas shall be secured and incorporate security cameras which maintain recordings to the satisfaction of the Police Chief or their designee. (2) All outdoor storage uses shall be illuminated entirely every night, from dusk until dawn, in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code. d. Operational Standards for Mini -storage, Mini -warehouse, Self -storage or Public -storage Uses. (1) A property maintenance plan shall be included as part of the conditional use permit or plot plan application. The program shall provide for the regular maintenance of building structures, landscaping, and paved surfaces in good physical condition and appearance. The methods and maximum intervals for maintenance of each component shall be specified in the program (2) Storage uses are subject to all applicable fire, health, safety, and building regulations. (Supp. No. 6, Update 2) Page 20 of 24 Created: 2022-0542 10:29:19 [EST] (3) Storage is permitted in required side and rear yards. Storage is not permitted in required front or street side yards. (4) Caretaking units shall be permitted, provided parking is accommodated on -site. e. Performance Measures and Standard Conditions of Approval. (1) The following measures shall be included as performance measures and standard conditions of approval for all mini -storage, mini -warehouse, self -storage or public -storage uses: (a) Facilities shall not store any products, goods, materials, or containers outside of any building on -site, except for trucks, trailers or recreational vehicles associated with the facility. (b) Facilities shall not be used for temporary or permanent residential purposes. No person may sleep or reside within any structure or vehicle on -site overnight or for any other extended duration of time. (c) Operators shall address any parking, traffic, noise, or safety issues within 48 hours of being notified by the city that an issue exists. (d) Prior to the issuance of a certificate of occupancy or business license, any new tenant or operator of a storage facility shall: a) sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility. ( Ord. No. 1136, § 4(Exh. A), 7-20-2021) 17.11.160 Energy storage facilities. A. Intent. Energy storage facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the City of Beaumont by establishing regulations for the installation and use of energy storage systems. The regulation herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment. B. Classification of Energy Storage Facilities. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows: 1. Battery: A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. 2. Battery energy storage management system: An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions 3. Battery energy storage system: A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. 4. Cell: The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. (Supp. No. 6, Update 2) Page 21 of 24 Created: 2022-05-e2 10:29:29 [EST] 5. Commissioning: A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements. 6. Decommissioning plan: A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. 7. Energy storage system: A system which stores energy and releases it in the same form as was input. 8. Renewable energy: Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients. C. Applicability. The requirements of this ordinance shall apply to all energy storage systems permitted, installed, or modified after the effective date of this ordinance, excluding general maintenance and repair. Energy storage systems constructed or installed prior to the effective date of this ordinance shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage system that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing energy storage systems shall be subject to the regulations and guidelines of Chapter 17.08, Non -conforming Uses of the Beaumont Municipal Code. D. Development Standards. The following shall apply to all energy storage facilities: 1. Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes. 2. Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Beaumont Municipal Code: a. The site shall be fully enclosed by a minimum eight -foot, non -scalable solid wall. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt -up walls. Decorative masonry block means neutral colored slump stone block, split -face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt -up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines. b. Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view. C. Anti -graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls. d. Except as set forth in subparagraph (e), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (a), above. Enclosures for batteries and other systems shall not exceed 15 feet in height. Buildings shall be subject to height standards of the Manufacturing Zone. e. Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the Manufacturing Zone subject to Planning Commission approval. f. On -site parking shall be provided as specified below: (Supp. No. 6, Update 2) Page 22 of 24 Created: 2022-0542 10:29:19 [EST] 1. For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided. 2. For unoccupied sites, one on -site parking space shall be provided. 3. All structures, appurtenances, parking and drive aisles shall be paved with asphalt or concrete. 4. All outdoor facilities shall be in compliance with the Chapter 8.50 Outdoor Lighting of the Beaumont Municipal Code. 5. All site landscaping shall comply with Chapter 17.06 Landscaping of the Beaumont Municipal Code. 6. All facilities shall have an approved signage plan including safety signage to be posted at the site. E. Decommissioning. 1. Decommissioning Plan. Prior to approval of a building permit, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The decommissioning plan shall also include: a. A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site; b. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations; C. The anticipated life of the battery energy storage system; d. The estimated decommissioning costs and how said estimate was determined; e. The method of ensuring that funds will be available for decommissioning and restoration; f. The method that the decommissioning cost will be kept current; g. The manner in which the battery energy storage system will be decommissioned, and the Site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and h. A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event. 2. Decommissioning Fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the City of Beaumont, in a form approved by the City for the removal of the battery energy storage system, in an amount to be determined by the City, for the period of the life of the facility. This fund may consist of a letter of credit from a licensed -financial institution. All costs of the financial security shall be borne by the applicant. 3. Ownership Changes. If the owner of the battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or (Supp. No. 6, Update 2) Page 23 of 24 Created: 2022-05-02 10:29:19 [EST] operator assumes in writing all of the obligations of the project, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the Planning Department of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Planning department in writing. The project and all approvals for the battery energy storage facilities would be void if a new owner or operator fails to provide written notification to the Planning Department in the required timeframe. Reinstatement of a void project or approvals will be subject to the same review and approval processes for new applications under this chapter. Performance Measures and Standard Conditions of Approval. 1. The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities: a. Facilities shall not store any products, goods, materials, or containers outside of any building on - site. b. Facilities shall comply with Chapter 9.02 Noise Control of the Beaumont Municipal Code. C. Operators shall address any nuisance, safety issues or violations of conditions of approval within 48 hours of being notified by the city that an issue exists. d. Prior to the issuance of a certificate of occupancy or business license, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility and the decommissioning plan shall be recorded against title to the property as a covenant running with the land. ( Ord. No. 1142, § 6(Exh. C), 10-19-2021) (Supp. No. 6, Update 2) Page 24 of 24 Created: 2022-05-02 10:29:19 [EST] TITLE 17 -ZONING Chapter 17.14 DEFINITIONS Chapter 17.14 DEFINITIONS 17.14.010 Introduction. This list of terms is designed to clarify the Zoning Ordinance's intent as it relates to land uses and development requirements. The word "shall" indicate a mandatory requirement, except when used in connection with an action or decision of the City Council or any City commission, board, or official. In these latter instances, the word "shall" shall be directory only. For general terminology used throughout this ordinance, the definitions used in the Uniform Building Code or accepted dictionaries of the English language, shall apply. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.14.020 General grammatical interpretation. Words, terms, and phrases used in this Title 17 shall have the meanings usually ascribed to them, or as defined or used in state planning and zoning laws, or as defined in Section 17.08.030 of this Zoning Ordinance. For the purposes of this Zoning Ordinance, unless the context clearly indicates otherwise, certain terms used in herein are defined as follows: A. Words in the present tense include the future; B. Words in the singular number include the plural; C. Words in the plural number include the singular; D. The terms "shall" and "will" and "must" are mandatory; E. The term "his" is gender neutral and means his or her; The word "shall" is mandatory; the word "may" is permissive. The present tense includes the future, the future includes the present. The singular number includes the plural, the plural includes the singular. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.14.030 Definitions (A through Z). A Above-ground/On-ground Pool. See "Swimming pool". Abut or Abutting. The same as meaning adjoining. Access. The place, or way, by which pedestrians and vehicles are provided adequate and usable ingress and egress to a property or use as required by this Zoning Code. Accessory Dwelling Unit (ADU1. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code, Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 23 Created: 2022-05-02 10:29:20 [EST] 2. A manufactured home, as defined at Section 18007 of the California Health and Safety Code. 4ccessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot. Accessory Use. A use incidental to, related, and clearly subordinate to the principal use established on the same lot or parcel of land where such accessory use is located. Adjacent. Two or more lots or parcels of land separated by an alley, street, highway or recorded easement, or two or more objects located near or in close proximity to each other. Adjoining. Two or more lots or parcels of land sharing a common boundary line, or two or more objects in physical contact with each other. Affordable Unit. Refers to a housing development project in which 80 percent of the units shall be designated for very low-income households and 20 percent reserved for low-income households as those terms are defined in the Health and Safety Code. Alley. A public or private right-of-way, other than a street or highway, permanently reserved as a secondary means of vehicular access to adjoining properties. Amendment. A change in the wording, context, content, or substance of this Zoning Code or in the zoning map. Such changes must be adopted by ordinance by the City Council in the manner prescribed by law. Amusement Arcade. Any place open to the public where five or more amusement games are maintained for use by the public. When only a portion of the premises is used for the operation of amusement games, only that portion shall be considered as an amusement arcade. Amusement Game. Any entertainment device for which a fee is paid to play, including, but not limited to, pinball, video or other electronic games. Animal Hospital. Shall mean a place where anima s or pets are given medical or surgical treatment and cared for during the time of such treatment. Use as a kennel shall be limited to short time boarding and shall be only incidental to such hospital use. Animals —Retail Sales. The retail sales of small animals (such as dogs, cats, birds, and fish), provided such activities take place within an entirely enclosed building. Antique Shop. An establishment primarily engaged in the sale of antiques. Apartment House. A building, or a portion of a building, designed or used for occupancy by three or more households living independently of each other and containing three or more individual dwelling units within a single structure. Apartment Unit. A room or suite of two or more rooms with a single kitchen in a multiple -family dwelling, suitable for occupancy as a dwelling unit for one household. Arcade. See "Amusement arcade". Artists'Studio. A building containing work space and retail sales space for artists and artisans producing individual one -of -a -kind works of art, including individuals practicing a fine art, or skilled in an applied art or craft, provided that the use does not impact any other use or property with noise, odor, dust, vibration, or other nuisance. This classification includes, but is not limited to, painter's studios, ceramic studios, and custom jewelry studios. Assessor. The Assessor of the County of Riverside. Automobile Parking or Storage Facility means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping automobiles or recreational vehicles (including RV's, boats, watercraft, off -road vehicles) or other vehicles, together with or without facilities necessary to service, dispatch, store or maintain aforementioned (Supp. No. 6, Update 2) Page 2 of 23 Created: 2022-05-02 10:29:19 [EST] vehicles, their cargos and crews. Also applies to a business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling. Automobile Wrecking or Automobile Dismantling. A business establishment engaged in the dismantling and/or wrecking of automobiles, used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts. Automobile Service Station. An establishment providing gasoline oil and other additives, and/or performing minor repairs and other customary services for automobiles and light vehicles, but excluding painting, body work steam cleaning, and major repairs. Advertising Structure. A structure of any kind or character, erected or maintained for outdoor advertising purposes, upon which any poster bill, Awning. Either a fabric covered appendage, or a temporary collapsible shelter of noncombustible materials supported entirely from the exterior wall of a building. . B Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade, or parapet on at least one side. Balcony, Unenclosed. A balcony open to the sky and not fully enclosed on more than two sides. Balloon. A floating air -filled or gas -filled object tethered to a fixed location (also see "Sign, balloon"). Banks and Savings. A state- or federally chartered financial institution that provides retail banking Barrier. A fence, a wall, a building wall or a combination thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. Bars and Cocktail Lounges. Establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses that may serve alcoholic beverages incidental to the primary use. Basement. That portion of a building located between the ground level or first floor of a structure. Battery. A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements. Battery Energy Storage Management System. An electronic system that protects storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions. Battery Energy Storage System. A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not toinclude a stand-alone 12-volt car battery or an electric motor vehicle. Bed and Breakfast facilities. A residential structure that is occupied by a resident as his/her primary residence with one or more bedrooms rented for period of 30 consecutive days or fewer, and where meals may be provided. Billiard Parlor. An establishment that provides five or more billiard and/or pool tables. (Supp. No. 6, Update 2) Page 3 of 23 Created: 2022-0S-02 10:29:29 [EST] Boarding. A residence or dwelling, other than a hotel, wherein three or more rooms are rented under three or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the residence. Building. Any structure having a roof supported by columns or by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind. Building; Accessory. A detached subordinate building, the use of which is incidental to that of the primary building or to the principal use of the land, and which is located on the same lot or parcel of land with the main building or principal use of the land. Building, Height. The vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure, except as provided elsewhere in this Zoning Ordinance. Building, Main. A building in which is conducted a principal use of the lot or parcel of land upon which it is situated. In a residential or agricultural zone, any residential unit shall be deemed to be a main building upon the lot or parcel of land on which it is situated. Building Material Sales. An establishment engaged in retailing or wholesaling of building supplies or equipment. This classification includes lumber yards and tool and equipment sales, but excludes businesses engaged in the retail sales of paint and hardware, building contractor's yards, and activities classified under "Equipment Leasing and Rentals." Building Site. The ground area of one or the ground area of two or more lots when used in combination of a building or group of buildings together with all open spaces as required by this Ordinance. Building Wall. The vertical surface, or any element thereof, including any structural member or group of structural members attached the vertical surface, that defines the exterior boundaries of a building. Business and Trade School. An establishment which provides on -site training of business, commercial, and/or trade skills such as accounting, data processing, and computer repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the applicable zone. Incidental instructional services in conjunction with another primary use shall not be considered a business and trade school. Cabana. A structure containing not more than 700 square feet, not containing a kitchen. Camp, Day. A facility with an organized daytime program involving the supervision and care of children. Canopy. Has the same meaning as "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building. A fixed overhead shelter used as may or may not be attached to a building. Carport. A permanently roofed structure with no more than two enclosed sides, used or intended to be used for automobile shelter and storage. Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy. Cellar. See "Basement". Centerline. The centerline of any street, as established by the City Engineer by official surveys, and on file in the Office of the City Engineer. Check Cashing. A business that, for compensation, engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. This classification does not include a state- or federally- chartered bank, savings association, credit union, or industrial loan company. Further, this (Supp. No. 6, Update 2) Page 4 of 23 Created: 2022-05-02 20:29:19 [EST] classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business. Church. A facility used for religious worship and incidental religious education and/or activities, including a parsonage which shall be a maximum of 1,200 square feet or 50 percent of the assembly hall whichever is less. Setbacks and parking shall meet the residential single-family requirements. This definition does not include private schools as defined in this section of the Zoning Ordinance. Child Care Center. A facility that provides non -medical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. "Childcare center" includes day care centers and family day care homes. City. Refers to the City of Beaumont. Club, Private. Any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise. This definition does not include "Adult" business establishments. Clubs and Lodges. A private or nonprofit organization providing meeting, recreational, or social facilities primarily for use by members and/or guests. Commercial Printing. A business providing printing, blueprinting, photocopying, engraving, binding, or related services. Commercial Vehicle. A vehicle which, when operated on a street, is required to be registered as a commercial vehicle under the State Vehicle Code, and which is used or maintained for the transportation of persons for hire, compensation, or profit, or which is designed, used, or maintained primarily for the transportation of property. Commission. Refers to the Planning Commission of the City of Beaumont. Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements. Communications Facilities. An establishment engaged in broadcasting, recording, and other communication services accomplished through electronic or telephonic mechanisms. This classification includes, but is not limited to, radio, television, or recording studios, telephone switching centers, and telegraph offices. Communications Facilities, Wireless. An unstaffed facility used for the transmission or reception of wireless telecommunication services, commonly consisting of an antenna array, connection cables, a support structure, and ancillary support facilities. Community Center. A building, buildings, or portions thereof used for recreational, social, educational, and cultural activities where buildings and associated improvements are owned and/or operated by a public, nonprofit, or public serving group or agency. Community Garden. Use of land for and limited to cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity, by several individuals or households. Condominium. An undivided interest in common in a portion of real property coupled with a separate interest in space called a "unit," the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The description of the unit may refer to: a) boundaries described in the recorded final map, parcel map, or condominium plan, b) physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, c) an entire structure containing one or more units, or d) any combination thereof. An individual condominium within a condominium project may include, in addition, a (Supp. No. 6, Update 2) Page 5 of 23 Created: 2022-05-02 10:29:19 [EST] separate interest in other portions of the real property. This term shall also include stock -cooperative developments. Condominium Project. A common interest development consisting of condominiums. Contractor or Building Materials Storage Yard means establishments which engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment associated with a construction or contractor's business licensed within the City of Beaumont. Convalescent Facilities. A business establishment engaged in providing care on 24-hour basis for persons requiring regular medical attention, but excluding facilities providing surgical or emergency medical services. Convalescent Home. A home or establishment offering or providing lodging, meals, nursing, dietary, or other personal services to five or more convalescents, invalids, or aged persons, but shall not include surgery or the care of persons with contagious or communicable diseases. Conversion (Condominium). A change in the type of ownership of a parcel or parcels of land, together with the existing structures, from rental housing, as defined in this section, to a condominium, community apartment, planned development, stock cooperative, or common interest development. County. Refers to the County of Riverside. Court. An open, unoccupied space bounded on two or more sides by the walls of a building. "Inner court" is a court entirely enclosed within the exterior walls of a building. All other courts are referred to as outer courts. Coverage. The percentage of total site area covered by structures, open or enclosed, excluding the following uncovered structures: steps, courts, patios, terraces, and swimming pools. D Dairy. Any premises where three or more cows, three or more goats or one or more cows and two or more goats, or two or more cows and one or more goats are kept, milked, or maintained. Daycare Center, Adult. A state -licensed facility designed to provide necessary care and supervision to persons 18 years of age or older on less than a 24-hour basis. Adult day care centers include the various types of adult day services as defined under state law that include "adult day care facilities," "adult social day care facilities," and "adult day health care facilities." Day Care Center, Children. A state -licensed facility, other than a family day care home, providing non -medical care and supervision to children under 18 years of age on less than a 24-hour basis. Child day care centers shall include "day care centers" as defined under state law, which include infant centers, preschools, and extended day care facilities. Deck. A platform other than a balcony, either freestanding or attached to a building, without a roof, that is supported by pillars, posts, or walls. Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation. Director and Director of Planning and Planning Director. Refers to the Community Development Director or his or her designee. Drive-in Restaurant. Any building or structure in which food and drink are prepared for service to customers outside of such building or structure, even though the same is served to customers inside said building or structure (Supp. No. 6, Update 2) Page 6 of 23 Created: 2022-05-02 10:29:19 [EST] or to customers occupying vehicles outside such structure and shall include self-service restaurants for take-out food. Drive-thru. See "Establishment with drive -up service". Driveway. An appropriately paved and privately -owned surface or road that provides access to off-street parking or loading facilities. Dump. An area devoted to the disposal of combustible or non-combustible refuse. Duplex. A structure consisting of two dwelling units. Dwelling or Dwelling Unit. An attached or detached building containing one or more rooms wherein the occupants of each dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Multiple Family Residential. One or more buildings located on a lot containing a total of two or more dwellings within a structure. Dwelling, Single -Family. An attached or detached building not to contain more than one kitchen wherein the occupants of the dwelling unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Dwelling, Tri-plex. A building designed for occupancy by three families living independently of each other and containing three dwelling units under one common roof. Dwelling, Two -Family or Duplex. An attached or detached building containing two Dwelling Units wherein the occupants of each Dwelling Unit are living and functioning together as a single housekeeping unit, meaning that they have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, expenses and responsibilities, membership in the single housekeeping unit is fairly stable as opposed to transient and members have some control over who becomes a member of the single housekeeping unit. Efficiency Kitchen. A kitchen that includes the following: 1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane Ras.. 2. A food preparation counter; 3. Storage cabinets that comply with minimum building code standards; and 4. May include a single basin sink with a maximum waste line diameter of 1.5 inches. Emp to ee Farm worker Housina. Housing as described in California Health and Safety Code Sections 17021.5 and 17021.6. a mployee housing as defined in California Health and Safety Code Section 17008. Energy Storage System. A system which stores energy and releases it in the same form as was input. Establishment with Drive -up Service. A business or institution providing services accessible to persons who remain in their automobiles. (Supp. No. 6, Update 2) Page 7 of 23 Created: 2022-05-02 10:29:19 [EST] Fagade, Building. The exterior wall of a building that is located above ground. Family. One or more persons living together as a single housekeeping unit in a dwelling unit. A family includes the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as dormitories, fraternities, sororities, monasteries or nunneries. Family Day Care Home, Large. A dwelling that regularly provides care, protection, and supervision for 12 or fewer children under the age of ten, in the provider's own home, for periods of less than 24 hours per day. Family Day Care Home, Small. A dwelling that regularly provides care, protection, and supervision for one to six children inclusive, including children under the age of ten. Firearm Sales or Firearms Business. An establishment having at least 25 percent of its gross floor area devoted to the sale of firearms, ammunition and ammunition components, and hunting or shooting equipment. Floor Area, Gross. The total horizontal area of all the floors of a building included within the surrounding walls, exclusive of vent shafts and courts. Floor Area, Net. The total useable floor area within all floors of a building included within the surrounding walls. Floor Area Ratio. The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located. Food and Beverage Sales. A business establishment where the primary use involves the retail sales of food and beverages for off -site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores. Food Manufacturing. A business establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on -site, souvenirs, and ancillary tasting facilities for the public. Frontage. The frontline of a site, separating the site from the street. G Garage, Parking Garage. A structure with a common vehicular entrance and exit which is used by vehicles in parking spaces and which otherwise conforms to the requirements of this Zoning Code. Garage, Private. A detached accessory building, or a portion of a main building on the same lot, enclosed on three sides and with a door capable of enclosing the fourth side, for the parking or temporary storage of vehicles owned by the occupants of the premises. General Plan. The General Plan of the City of Beaumont, consisting of the General Plan and Map, adopted by the City Council. Grade, Existing. The surface of the ground or pavement at a specific location as it existed prior to disturbance in preparation for a construction project. Grade, Finished. The finished surface elevation of the ground or pavement at a specific location after the completion of a construction project. Grade, Ground Level. The average level of the finished ground surface surrounding a building, measured at the center of all walls of the building. Gradient. The rate of vertical change of a ground surface expressed in a percentage and determined by dividing the vertical distance by the horizontal distance. (Supp. No. 6, Update 2) Page 8 of 23 Created: 2022-05-02 10:29:19 [EST] Group Home (Unlicensed) or Unlicensed Group Home. A single-family dwelling unit with six or fewer occupants who are all (other than the house manager) considered disabled under state or federal law, but not licensed by the state. Group or Community Care Facilities. Consistent with Health and Safety Code Section 1502, facilities licensed bV the Community Care Licen�_Division _of the State Department of Social Services to provide 24-hour non- medical residential care to children and adults with developmental disabilities who are in need of personal services, supervision, and/or*assistance essential for self-protection or sustaining the activities of daily living Guest House. Refers to living quarters, having no kitchen facilities, located within an accessory building located on the same premises with a main building and occupied solely by members of the family, temporary guests, or persons permanently employed on the premises. Guest Room. A room designed for or occupied as sleeping quarters by one or two persons, providing lodging for compensation. H Hazardous Waste. Any waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may: a) exhibit toxicity, corrosivity, flammability, and/or reactivity; b) cause, or significantly contribute to, an increase in serious irreversible, or incapacitating reversible, illness; or, c) present a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Hazardous Waste Facility. All contiguous land, structures, other appurtenances, and improvements within a property, used for handling, treating, storing, or disposing of hazardous wastes. Health and Physical Fitness Facility. A private athletic clubs and gymnasiums including, but not limited to, weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities. Height. See "Building height". Home Occupation. An occupational activity carried on by the occupant(s) of a residential dwelling as a secondary use in connection with which there is no display, no walk-in customers, no stock -in -trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes. Hospital. A facility providing medical, surgical, psychiatric, and/or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out -patient treatment, as well as training, research, and administrative services for patients and employees. Hotel or Motel. One or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an interior court. Such facilities are designed to be used, or intended to be used, rented, or hired out for temporary or overnight accommodations for guests, and are offered primarily to patrons by signs or other advertising media. This classification may contain public meeting rooms and eating, drinking, and banquet services associated with the facility. Hot Tub. See "Swimming pool". Household. A single individual or group of individuals, unrelated or related by blood or marriage, residing in a dwelling unit. Household Pet. A domesticated animal commonly maintained within a residence. (Supp. No. 6, Update 2) Page 9 of 23 Created: 2022-05-02 10:29:19 [E57] Industrial Complex. Any group of three or more industrial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or single industrial use occupying at least 100,000 square feet of floor area. In -ground Pool. See "Swimming pool". Junior Accessory Dwelling Unit JADU . A residential unit that is consistent with the following: 1. Is no more than 500 square feet in size; 2. Is contained entirely within an existing or proposed single-family structure; 3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing_or proposed single-family structure; and 4. Includes an efficiency kitchen. Junk Yard. The use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials. Kennel. Any lot or premises on which four or more dogs or cats at least four months of age are boarded or trained. Kitchen. A room in a building or dwelling unit that is used in the cooking or preparation of food. Laboratory. An establishment providing analytical or testing services, including, but not limited to, chemical labs, dental -medical labs, optical labs, and labs conducting mechanical, electrical, physical, or environmental tests, as well as research and development. Landscaping. The planting and maintenance of live trees, shrubs, ground cover, and lawn areas, including the installation of irrigation systems required by the provisions of this Zoning Code. "Landscaping" may include inorganic decorative materials of natural or man-made origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials used in landscaping may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences. Liquor Store. A business establishment having at least 50 percent of its gross floor area used for the sale of alcoholic beverages intended for off -site consumption. Loading Space. An off-street space on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley, or other permanent means of ingress and egress. Lodging House. A residence or dwelling, other than a hotel, wherein lodging and meals are provided to four or more persons for compensation, whether direct or indirect. In determining the number of persons lodging in a lodging house, all residents shall be counted, including an owner, agent or manger. Lot. Real property with a separate and distinct number or other designation shown on a plat recorded in the Office of the County Recorder as a part of an approved subdivision, shall also mean (1) a parcel of real property when shown as a delineated parcel of land with a number of other designations on a plat recorded in the Office of the County Recorder of Riverside County; or (2) a parcel of land the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the Office of the County Recorder of Riverside County; (3) a parcel of real property not delineated as in (1) or (2) above, and containing not less than the prescribed minimum square footage required in the zone in which it is (Supp. No. 6, Update 2) Page 10 of 23 Created: 2022-05-02 10:29:19 [EST] located and which abuts at least one public street, and alley or a private easement determined by the Commission to be adequate for purposes of access from a street; (4) a parcel of land registered under Land Title Law (Torrens Title) and held under separate ownership from adjacent property on the effective date of this Ordinance. Lot, Area. The total area, measured in a horizontal plane, included within the lot lines of a lot or parcel of land. Lot, Corner. A lot located at the intersection of two or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an interior lot. Lot, Cul-de-sac. A lot fronting on, or with more than one-half of its lot frontage, on the turnaround end of a cul-de-sac street. Lot, Depth. The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines. Lot, Interior. A lot other than a corner or reverse corner lot. Lot, Key. Any lot where the side property line abuts the rear property line of one or more lots, and where such lots are not separated by an alley or any public way. Lot Line. Any line bounding a lot as defined in this section. Lot Line, Exterior. A lot line abutting a street. Lot Line, Front. On an interior lot, the front lot line of the property line abutting the street, except in those cases where the latest tract deed restrictions specify another line as the front lot line. On a corner or reversed corner lot, the front lot line is the shorter property line abutting a street. On a through lot, or a lot with three or more sides abutting a street, or a corner or reversed corner lot with lot lines of equal length, the Zoning Administrator shall determine which property line shall be the front lot line for purposes of compliance with the setback provisions of this Zoning Code. Lot Line, Interior. A lot line not abutting a street. Lot Line, Rear. A lot line not abutting a street that is opposite and most distant from the front lot line. For triangular lots where there is no rear lot line, the rear lot line shall be defined as the point at which the side lot lines intersect. Lot Line, Side. Any lot line that is not classified as a front lot of line or rear lot line. Lot Line, Zero. A lot line that does not have any side -yard setback. Lot, Reverse Corner. A corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear. Lot, Through. A lot having frontage on two parallel or approximately parallel streets. A through lot may have no rear lot line. Lot, Width. The horizontal distance between the side lot lines measured at right angles to the lot depth line at a distance located midway between the front and rear lot lines. Low Barrier Navigation Centers. Consistent with Government Code Section 65660. Housing First, low -barrier, service -enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case manaeers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. M Main Building. A building that is designed, and used for, or intended to be used, to accommodate the principal use on the lot. In residential zones, any dwelling shall be considered the main building on the lot. (Supp. No. 6, Update 2) Page 11 of 23 Created: 2022-05-02 10:29:19 [EST] Maintenance and Repair Services. An establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair, or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats, or ships. Mansard or Mansard Roof. A roof having two slopes on all sides with the lower slope steeper than the upper one. Manufactured Housing. A mobile home, or manufactured housing unit, as defined by and installed in accordance with California Health and Safety Code Section 18008 and 18551, respectively, and factory -built housing as defined by California Health and Safety Code Section 19971. Medical Clinic. Any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include inpatient or overnight accommodations. Activities included within this definition are health centers, health clinics, and doctors' offices. Mini -storage, Mini -warehouse, Self -storage or Public -storage means an operation serving the public where customers rent or lease, or self -store and have direct access to, individual storage areas, compartments, or facilities rooms within a larger structure or structures provided for storage use. This use may also include limited caretaker facilities. Mobile Home. A movable or transportable vehicle, other than a motor vehicle, intended for occupancy for one family, and having no foundation other than jacks, piers, wheels or skirtings. All mobile homes located on lots must be a minimum of 450 square feet, with a minimum of ten feet in width. All mobile homes must have a complete sanitary facility, including a lavatory, flush type toilet, tub or shower, and kitchen sink, all connected to sewage outlets in conformity with state, county and health requirements. Mortuary. An establishment providing services such as preparing the deceased for burial, and arranging and managing funerals and related services, and may include limited caretaker facilities. This classification excludes cemeteries, crematoriums, and columbariums. Motel. One or more buildings containing more than five completely furnished individual guest rooms with one or more such rooms or units having a separate entrance leading directly from the outside of the building or an inner court. Such facilities are designed, used, or intended to be used, rented or hired out as temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients. Motels include auto courts, motor lodges, and tourist courts. N Nonconforming. A building and/or improvement, or portion thereof, which does not conform improvement to current Zoning Code regulations. Nonconforming use, any use of land or property that was lawfully established and in effect at the lawful or legal time this Zoning Code or any amendment became effective, but no longer complies with all of the applicable regulations and standards of the zone in which the use is located. Nonconforming any structure or improvement that was lawfully established and in existence structure, lawful at the time this Zoning Code or any amendment became effective, but no or legal longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located. O Offices. Administrative, clerical, or public contact offices of a government agency, government including postal facilities, together with incidental storage and maintenance of vehicles. Offices, Medical. Offices or health facilities providing health services, including without limitation, preventative and rehabilitation treatment, diagnostic services, and testing and analysis, but excluding inpatient services and overnight accommodations. This classification includes without limitation offices providing medical, dental, surgical, rehabilitation, podiatric, optometric, chiropractic, and psychiatric services, and medical or dental laboratories incidental to such offices. (Supp. No. 6, Update 2) Page 12 of 23 Created: 2022-05-02 10:29:19 [EST] Offices, Professional. Offices for firms or organizations providing professional, executive, management or administrative services, such as architectural, engineering, real estate, insurance, investment, or legal offices. This classification excludes savings and loan associations, banks, and medical offices. Off -Street Parking Facility. A lot, or portion thereof, improved and used for the parking of vehicles, including, but not limited to, enclosed garages and parking structures, open parking areas, aisles, driveways, and appurtenant landscaped planters and their improvements. Open Space, Useable (Useable Open Space). Open space upon the lot or parcel to which it is appurtenant, which can be used by inhabitants of the property for outdoor living, activity and/or recreation and may include landscaping. Each linear dimension of such space shall be a minimum of six feet. Balconies may be credited as "usable open space" provided they each have linear dimensions of a minimum of five feet. Enclosed recreation or multi -purpose activity rooms may be credited as "usable open space." All such areas shall be readily accessible to the inhabitants of the property. "Usable open space" does not include driveways, open or covered parking areas, utility space such as trash or garbage areas, or space occupied by the required front yard setback. The computation of usable open space provided shall be as follows: 1. The following areas shall be computed at 1.25 times the area actually devoted to such use: a. Private patios, when directly accessible to the dwelling unit to which it is appurtenant; such patios shall be completely enclosed on all sides by a fence which is a minimum of five feet in height; b. Balconies and lanais, when directly accessible to the unit to which they are appurtenant; such balconies and lanais must have a minimum dimension of five feet; C. Swimming pool areas, including the hard surface deck, which normally surrounds such pools. Deck area more than 25 feet from the edge of the pool will not be counted as open space under this; and d. Recreation activity rooms, provided these rooms are permanently maintained for the use of tenants for various recreation activities. Such activity rooms shall not include lobbies, but may include common steam rooms, sauna baths, or the like. 2. All other areas meeting usable open space requirements shall be credited with the actual area (square feet) provided. 3. No area will be considered as usable open space if it has any dimension less than six feet except balconies. Outdoor Advertising. The use of signs or other measures soliciting public support or directing public attention to the sale, lease, hire, or use of any objects, products, services, or functions which are not produced, sold, or otherwise available on the premises where such signs are erected or maintained. Outdoor Living Space. Either an open passive landscaped area specifically designed, improved, and maintained to enhance the architectural design, privacy, and general environmental quality of a residential development or an easily accessible public or private activity area specifically designed, improved, and maintained for outdoor living and/or recreation by occupants of the residential development. Outdoor Storage Use means establishments that engage primarily in the outdoor storage of goods, materials (except temporary storage of construction materials associated with an active building permit), machines, vehicles, trailers, and other equipment. P Parcel. A contiguous quantity of land owned by, or recorded as the property of, the same claimant or person. (Supp. No. 6, Update 2) Page 13 of 23 Created: 2022-05-02 10:29:19 [EST] Parking Space. A space within an off-street parking facility that has the minimum attributes of size, location, and design specified in Article 21 (Parking requirements) of this Zoning Code. Parks and Recreation Facilities. Uses that include, but are not limited to, land and interests in land; swimming pools; tennis, volleyball and basketball courts; baseball grounds; play areas; turf; sprinkler systems; community center buildings; recreation buildings; and other works, properties, structures, and facilities necessary or convenient for public park, playground, or recreation purposes. Pawn Shop. A business establishment engaged in the buying or selling of new or secondhand merchandise and offering loans secured by personal property. Performance Art. A public building used for theatrical performances, concerts, recitals, and facilities similar entertainment. This classification excludes commercial cinemas or theaters. Personal Convenience Service. A business establishment providing recurrently needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self- service laundromats, and similar services. This classification excludes massage parlors, tattoo parlors, and/or skin piercing establishments. Personal Improvement Service. A business establishment providing instructional services or facilities, including, but not limited to, photography, fine arts, crafts, dance or music studios, driving schools, modeling agencies, reducing salons, and health or physical fitness clubs. Incidental instructional services associated with a retail use shall be classified as "retail sales" rather than "personal improvement services." Planned Unit Development. The planning, construction, or implementation and operation of any use or structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land, structures, and uses as a single project. Plant Nursery. A site used to raise trees, shrubs, flowers, and other plants for sale or for transplanting, and where all merchandise (other than plants) is kept within an enclosed building or fully screened enclosure, and fertilizer of any type is stored and sold in package form only. Porch. A permanent projection attached to the entrance of a building, which is has a roof but is not fully enclosed. Pre-existing. In existence prior to the effective date of this Ordinance. Public Building. A building owned and operated by a public agency for public use. Public Safety Facility. A public facility providing public safety and emergency services, including police and fire protection, and associated support and training facilities. vumic lranslr. A location, including. nut not umntea to, a pus siop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the piihlir Public Utility Facility. A building or structure used by any public utility including, but not limited to, any gas treatment plant, reservoir, tank, or other storage facility, water treatment plant, well, reservoir, tank or other storage facility, electric generating plant, distribution or transmission substation, telephone switching or other communications plant, earth station or other receiving or transmission facility, any storage yard for public utility equipment or vehicles, and any parking lot for parking vehicles or automobiles to serve a public utility. The term "public utility" shall include every gas, electrical, telephone and water corporation serving the public or any portion thereof for which a certificate of public convenience and necessity has been issued by the State Public Utility Commission. (Supp. No. 6, Update 2) a] Page 14 of 23 Created: 2022-05-02 10:29:19 [E57] R Recharging Stations. An area where equipment is provided to recharge an electric vehicle. Recreational Facility. A publicly owned and operated recreational structure or building, such as a tennis court, swimming pool, multi -purpose community building, or similar use. Recyclable Material. A reusable material, including, but not limited to, metals, glass, plastic, and paper, and which is intended for reuse, re -manufacture, or reconstitution for the purpose of using the altered form. "Recyclable material" shall not include refuse or hazardous materials. "Recyclable material" may include used motor oil collected and transported in accordance with Section 25250.11 and Section 25143.2(b)(4) of the State Health and Safety Code. Recycling Facility. A center for the collection and/or processing of recyclable materials. "Certified recycling facility" or "certified processor" refers to a recycling facility certified by the State Department of Conservation as meeting the requirements of the State Beverage Container Recycling and Lifter Reduction Act of 1986. A recycling facility does not include storage containers or processing activities located on the premises of a residential, commercial, or manufacturing use, and used solely for the recycling of material generated by such residential property, business, or manufacturer. Recycling, Collection Facility. A center for the acceptance of recyclable materials from the public by donation, redemption, or purchase. Recycling, Processing Facility. A building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of material for efficient shipment, or to an end -user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and re -manufacturing. Renewable Energy. Energy sources that constantly renew themselves or are regarded as practically inexhaustible. Renewable energy includes energy derived from solar, wind, geothermal, hydroelectric, wood, biomass, tidal power, sea currents, and ocean thermal gradients. Rental Units. A housing unit leased for the occupancy of a residential household. Residence. One or more rooms designed, used, or intended to be used as permanent living quarters for a household, and not as temporary or overnight accommodations. Residential Care Facility, Licensed. A residential care facility licensed or supervised by any federal, state, or local agency, which provides housing and nonmedical care for children, elderly persons, or physically and mentally handicapped persons in a family -like environment. These facilities include the following: 1. An intermediate care facility, developmentally disabled habilitative and intermediate care facility/developmentally disabled -nursing or a congregate living facility as identified in State of California Health and Safety Code section 1267.8; 2. A community care facility as identified in State of California Health and Safety Code section 1566.3; 3. A residential care facility for the elderly as identified in State of California Health and Safety Code section 1569.85; 4. An alcoholism or drug abuse recovery or treatment facility as identified in State of California Health and Safety Code section 11834.02; 5. A home for the care of mentally disordered or otherwise handicapped persons as identified in State of California Welfare and Institutions Code section 5116; 6. A home for the care of dependent and neglected children as identified in the State of California Welfare and Institutions Code section 300, but not including wards of the court as identified in the State of California Welfare and Institutions Code section 601ff. (Supp. No. 6, Update 2) Page 15 of 23 Created: 2022-05-02 10:29:19 [EST] Rest Home. See "Convalescent home". Restaurant, Sit Down. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to the public on demand from a menu during stated business hours, served in and on reusable containers and dinnerware, to be consumed on the premises primarily inside the building at tables, booths, or counters, with chairs, benches, or stools. This use may include incidental delivery service utilizing no more than two delivery vehicles. Restaurant, Fast -Food. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverage are served to customers from a serving counter in disposable containers or wrappers and where food and meals are generally prepared in advance for immediate sale, and which may include inside seating, drive -through service, delivery service, and take-out/carry-out service. Restaurant, Delivery. A place where orders for food and beverages may be placed in person or by telephone, facsimile, copier, or other off -site means of communication, from a limited menu, and which orders are delivered to a location directed by the customer. Restaurant, Take-out. A business establishment that is maintained, operated, and/or advertised or held out to the public as a place where food and beverages are served in disposable containers or wrappers from a serving counter for consumption exclusively off the premises. Retail Sales. A business establishment engaged in the retail sale of merchandise not specifically listed under another use classification as defined in this section. This classification includes, but is not limited to: department stores, clothing stores, furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, books, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation). This classification excludes thrift shops and pawnshops. Room. An unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches. School, Elementary, Junior High, and High. An institution of learning which offers instruct on in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California. School, Private. An educational institution having a curriculum comparable to that required in the public schools of the State of California. Secondary (or second) Unit. A detached dwelling unit that provides complete, independent living residential unit facilities for one or more persons. A secondary residential unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot on which the primary unit is situated. Senior Housing. A housing development project in which 100 percent of the project rental units are intended to be occupied by persons who are 62 years of age or older, or married couples, of which one spouse is over 62 years of age. Service Station. See "Vehicle, service station". Setback. A required open space on an improved lot that is unoccupied by buildings and unobstructed by structures from the ground upward, except for projections and accessory buildings permitted by the provisions of this Zoning Code. Setbacks shall be measured as the shortest distance between a property line and the nearest vertical support or wall of the building, enclosed or covered porch, or other structure. (Supp. No. 6, Update 2) Page 16 of 23 Created: 2022-05-02 10:29:19 [EST] Setback, Between. A required open space between separate buildings or between separate buildings or dwelling units on the same lot or building site. Such setback shall ,be setback between measured as the minimum distance between the nearest vertical support dwelling units or wall of each building or enclosed or covered porch. Setback, Exterior Side. A side setback abutting a street. Setback, Front. A setback extending across the full width of the front of the lot, the minimum and/or average dimensions of which are determined by the property development standard of the applicable zone in which such lot is located. Setback, Rear. A setback extending across the full width of the rear of a lot, the minimum and/or average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Setback, Side. A setback extending from the required front setback to the required rear setback, or to the front and/or rear property lines where no front and/or rear setback is required by the provisions of this Zoning Code, the minimum and average dimensions of which are determined by the property development standards of the applicable zone in which such lot is located. Sign. Any card, cloth, plastic, paper, metal or other material or painted character visible from outside of a structure for advertising purposes, mounted to the ground or any, tree, building, wall, bush, rock, fence or structure, whether privately or publicly owned. "Sign" means any graphic announcement, declaration, demonstration, display, illustration, insignia or object used to advertise or promote the interest of any person or business when the same is placed out-of-doors in view of the general public. This definition shall not include the display of. the American flag, flag of the State, county, public entity or City flag. Sign, A -Frame. A freestanding sign usually hinged at the top or attached in a similar manner, and widening at the bottom to form a shape similar to the letter "A." Such signs are usually designed to be portable and are not considered to be permanent signs or displays. Sign, Animated Signs. Signs designed to attract attention through movement or the semblance of movement of the whole or any part including, but not limited to, signs which swing, twirl, move back and forth or up and down; or signs which change color or shades of color; or any other method or device which suggests movement. Animated signs do not include flags and banners, time and temperature signs. Sign, Announcement or Bulletin Board Signs. Signs permanent in character designed to accept changeable copy, handbills, posters and matters of a similar nature. Sign, Area of Sign. The area of a sign shall include the entire area within a series of rectangles whose outermost boarders are defined by the outermost extent of any writing, representation, emblem, figure, character or separate sign surface. When letters comprising a sign message are placed on a background or field which is different in color or materials from the architectural features of the building on which the sign is mounted, the sign area shall be calculated as the entire area comprising the overall sign feature. In the case of a two-sided sign, the area shall be computed as including only the maximum single display surface that is visible from any ground position at one time. The supports or uprights on which any sign is supported should not be included in determining the sign area unless such supports or uprights are designed in such a manner as to form an integral background of the sign. In the case of any cylindrical or spherical sign, the total area shall be computed on the total area of the surface of the sign. Sign, Awning Sign. A sign painted or printed on the exterior surface of an awning. An alternative to a wall sign, permitted as same. Sign, Balloon. One or more balloons used as a permanent or temporary sign or as a means of directing attention to any business or profession, or to a commodity or service sold, offered, or manufactured, or to any entertainment. Sign, Banner. A fabric or fabric -like material on which an advertising message is painted or otherwise affixed. (Supp. No. 6, Update 2) Page 17 of 23 Created: 2022-05-02 10:29:29 [EST] Sign, Billboard. A sign that directs attention to a business, profession, product, commodity or service offered on the site on which the sign is located. Signs, Changeable Copy. Copy for temporary use which is changed at periodic intervals and which may be utilized on pylon, monument, wall, bulletin board or announcement signs. Sign, Commercial Complex. Any group of three or more commercial uses on a parcel or combination of parcels which are generally served either by common access or common parking, or large single commercial use occupying at least two and one-half acres with a minimum of 200 feet of street frontage. Sign, Construction Signs. Signs stating the names of those individuals or businesses, such as architects, engineers, contractors, or owners directly connected with a construction project and/or the name of the project, the address of the business, and emergency telephone numbers. Sign, Directional Signs. Signs which contain any of the following words: "Entrance", "enter", 'but", "one-way" or other words, or words which contain nonflashing arrows or other characters indicating traffic direction. Sign, Electronic Message Sign. A sign having the capability of presenting variable message displays, including time and temperature, by projecting an electronically controlled light pattern against a contrasting background, and which can be programmed to change the message display periodically. Sign, Flag. A device, generally made of flexible materials, usually cloth, paper or plastic, usually used as a symbol of a government, school, religion, etc. It may or may not contain any copy. Sign, Flashing Signs. Lighted signs which in whole or in part disappear and reappear at periodic intervals, or are intermittently on and off, and which are placed so as to attract vehicular traffic with emphasis on the recurrence of lights as in those types generally referred to as "nervous" signs, arrows, stars, etc., and/or beacon signs. Sign, Freestanding. A sign that is completely supported by structures or other supports that are placed on or anchored in the ground and are independent from any building or other structure. Sign, Height of Signs. The distance from the average ground level immediately surrounding the base of the sign to the top of its highest element, including any structural or architectural element. Landscape mounding shall not be used to artificially increase the height of a sign. Sign, Monument Signs. A sign with an overall height of six feet or less, standing directly on the ground or on a base of where supporting poles or structures, if any, are enclosed by decorative covers. Sign, Nameplate. Signs naming the occupant of the premises, the business and/or address. Sign, Off -site Signs. Any sign which advertises or informs in any manner businesses, services, goods, persons or events at some location other than that upon which the sign is located. Sign, Painted Signs. Signs painted on the exterior surface of a building or structure. Painted signs do not Sign, Pennant. A device generally made of flexible materials, usually cloth, paper or plastic. A pennant may or may not contain any copy and is primarily intended to draw attention. Sign, Pylon Sign. A sign with an overall height exceeding six feet and having one or more decorative supports permanently attached directly into or upon the ground. Sign, Political Signs. Political signs are signs setting forth a political message with respect to an upcoming federal, State or local governmental election. Sign, Portable Signs. Signs not designed to be attached to a building or anchored to the ground, including "A" boards, sandwich signs and signs attached to a fence/wall. Sign, Poster Signs. Any sign attached to the ground in a manner approved by the building official, which may be visible from adjacent streets or highways. (Supp. No. 6, Update 2) Page 18 of 23 Created: 2022-05-02 10:29:19 [EST] Sign, Projecting Signs. Signs including wall signs which are suspended from or supported by a building or wall and which project from said building or wall. Sign, Real Estate Signs. All signs and sign structures relating to the sale, lease or other disposition of the real property on which the sign is located, and which are temporary in nature. Sign, Revolving Signs. Signs, all or a portion of, which rotate in a constant, circular manner. Sign, Roof Signs. Any sign supported by or attached to or projecting through the roof of a building or structure or projecting above the eave line or parapet wall of the building or structure. Sign, Special Event Sign. A temporary sign, which advertises special events and activities such as grand openings, charitable events, Christmas trees, fireworks, or as specified by the Planning Director. Sign Structure. The supports, uprights, bracings, guy rods, cables and other structural framework of a sign or outdoor display. Sign, Temporary Signs. Signs erected for a temporary purpose not exceeding 45 days, including banners, pennant valances, streamers, balloon signs, inflated devices, search lights, beacons, costumed or live persons, moving stuffed animals, or advertising light or similar materials used for advertising purposes attached to or pinned on or from any structure, staff, pole, line, framing, vehicle or other object. Sign, Time and Temperature Sign. An electronically controlled sign with illuminated flippers or light bulbs for the sole purpose of displaying the time, and temperature (F. and/or C.) at intermittent intervals. Under Canopy Signs. A sign with a single or double face copy attached to the underside of a projecting canopy perpendicular to the building frontage. Sign, Unofficial (Non -Regulatory) Signs. Signs located on public property (e.g., street or median island, parkway, sidewalk, traffic control sign posts, utility poles, park land, trees, etc.). Sign, Vehicle Signs. Signs on or affixed to trucks, vans, automobiles, trailers, or other vehicles which advertise or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise or rendering of service from such vehicles. Sign, Wall Signs. Signs which are in any manner affixed to any exterior wall of a building or structure, the exposed face of which is in a plane parallel to the plane of the wall and which projects not more than 12 inches from the building or structure wall. Sign, Window Signs. Signs painted, attached, glued or otherwise affixed to a window or otherwise easily visible from the exterior of the building. Sign, Wall Murals. The decoration on the exterior surface of a structure with scenic, architectural or artistic paints which in themselves do not identify or advertise any product, service or business. A wall mural is a sign if it is related by language, logo or pictorial depiction to the advertisement of any product or service or the identification of any business. Snack Shop. A business establishment that is maintained, operated, and/or advertised or held out to the public as serving snack foods, such as donuts, ice cream, yogurt, candy, cookies, bakery items, beverages, and similar items to be consumed either on the premises or off the premises. Solid Fill. Any noncombustible materials insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions. Spa, Non -Portable. See "Swimming pool". Spa, Portable. A non -permanent structure intended for recreational bathing, in which all controls, water - heating, and water -circulating equipment are an integral part of the product and which is cord -connected (not permanently electrically wired). (Supp. No. 6, Update 2) Page 19 of 23 Created: 2022-05-02 10:29:19 [EST] Story. "Story" as defined in the currently adopted and effective Uniform Building Code of the City. Story -Half. A story with at least two of its opposite sides situated immediately under a sloping roof, with the floor area of said story not in excess of two-thirds of the floor area of the floor immediately below it. Street. A public thoroughfare or right-of-way acquired for use as such, or an approved private thoroughfare or right-of-way, other than an alley, which affords the principal means of access to abutting property. "Street" shall include all major and secondary highways, traffic collector streets, and local streets. Street, Center line. See "Center line". Street Line. The boundary line between the street right-of-way and abutting property. Street/Craft Fairs/Farmer's Market—Ongoing/reoccurring. Temporary event that regularly reoccurs (e.g. weekly Farmer's Market). Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams, girders, floor joists, ceiling joints, or roof rafters. Structure. Any physical improvement constructed or erected, including an edifice or building of any kind, or any piece of work artificially constructed or composed of parts jointed together in some definite manner, and which structure requires location on or in the ground or is attached to another improvement or in the ground, including fences, walls, swimming and wading pools, and patios. Supportive Housing. Consistent with Health and Safety Code Section 50b7D..L,+. housing with no limit or, iength of stay_, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizinn their nhiiity to live and; when possible, work in the community. Swap Meet. Any indoor or outdoor place, location, or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by a multitude of individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term "swap meet" is interchangeable with, and applicable to, flea markets, auctions, open air markets, farmer's markets, or other similarly named or labeled activities; but the term does not include the usual supermarket or department store retail operations. Swimming Pool. Any structure intended for swimming, diving, or recreational bathing that contains water over 24 inches deep. This includes in -ground, above -ground, and on -ground swimming pools, hot tubs, and spas. Swimming Pool, Indoor. A swimming pool which is totally contained within a residential structure and surrounded on all four sides by walls of said structure. Swimming Pool, Outdoor. Any swimming pool which is not an indoor pool. Structure Advertising. A structure existing, erected, or maintained to serve exclusively as a stand, frame, or background for the support or display of signs. T Tandem Parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. Target Population. Consistent with Health and Safety Code Section 50675.14, persons, including persons with disabilities, and families who are "homeless." as that term is defined by Section 11302 of Title 42 of the United States Code, or who are "homeless youth," as that term is defined bV_paragraph (2) of subdivision (e) of Section 12957 of the Government Code. Individuals and families currently residing in supportive housing meet the definition of "target population" if the individual or family was "homeless," as that term is defined by Section (Supp. No. 6, Update 2) Page 20 of 23 Created: 2022-05-02 10:29:19 [EST] 11302 of Title 42 of the United States Code, when approved for tenancy in the supportive housing proiect in which, they currently reside. Target Unit. A dwelling unit within a housing development, reserved for sale or rent to, and affordable to, lower- or moderate -income households. Thrift Shop. A business establishment primarily engaged in the sale of used clothing, household goods, furniture, or appliances. This classification does not include antique shops. Tire. A rubber covering, typically inflated or surrounding an inflated inner tube, placed around a wheel to form a flexible contact with the road. May include new or used tires. Tire Repair. The process of mending a hole, tear, fissure or blemish in a tire by including but not limited to grinding, gouging, applying adhesive or filling a hole or crevice with rubber. Tire Store. An establishment where the sale, installation or storage of new or used or retread tires and tubes is conducted with or without other products or services. Tire store does not include a retreading establishment, collection, reduction or transfer of tires. Townhouse. A single-family dwelling which visually appears to share one or more common walls with an adjacent single-family dwelling, but which, in fact, is structurally and functionally independent of any other single- family dwelling. Trailer Coach. Any vehicle, with or without motor power, designed or used for human habitation and constructed to travel on the public thoroughfares in accordance with the provisions of the California State Vehicle Code. Trailer Park. A site designed and equipped for the harboring, parking, or storing of one or mobile home park more trailers or mobile homes being used as living and/or sleeping quarters. Trailer Site. That portion of a trailer park designated for use or occupancy of one trailer coach and including all appurtenant facilities. Transfer Station. An area, including any necessary building or structures, for the temporary waste storage and the salvage of rubbish, garbage, or industrial waste. This definition also includes material recovery facilities. Transit Stations and Facilities. Facilities for passenger transportation operations, such as rail (e.g., Metrolink) but does not include airports or heliports. Transitional Housing. Consistent with Code Section 65582, buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Triplex. A structure containing three individual residential dwelling units. Truck Yard or Truck Terminal means a type of outdoor storage use whereby an outdoor lot, lot area, or parcel of land used, is designed and maintained primarily for the purpose of storing, parking, dispatching, or keeping trucks, tractors, construction equipment and associated equipment together with or without facilities necessary to service, dispatch, store or maintain aforementioned vehicles, their cargos and crews. Also applies to a business engaged in the storage and distribution of goods having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time but excluding trucking accessory to another industrial use on the site. U Uniform Sign Program. All applications for approval of signs in a shopping center, commercial, industrial or office complex, a group of three or more businesses on a parcel or project site or for commercial recreation uses shall be submitted in the form of a construction, including connections and electrical plans, if any, and shall (Supp. No. 6, Update 2) Page 21 of 23 Created: 2022-05-02 10:29:19 [EST] delineate the typical size, shape, design, material, coloring, lettering, lighting and position of the signage in relationship to the building form or place where it will be displayed. Scaled sketches of existing signs on the premises shall accompany the application. Use. The purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied, utilized, or maintained. u Variance. A modification of a literal provision of this Zoning Code, granted by an administrative or quasi- judicial act in accordance with the provisions of this Zoning Code. Vehicle. A business engaged in the washing, waxing, cleaning, and/or detailing of automobile washing automobiles or similar light vehicles. Vehicle Body. A business establishment involved in the repairing, restoring, and/or painting and fender shop of the bodies of motor vehicles. Vehicle Rentals. A business engaged in the sale, lease and/or rental of automobiles and light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box - type bed less than nine feet in length), including storage and incidental maintenance and repair. Vehicle Repair Garage. Any site and improvements used for the repair and maintenance of automobiles, motorcycles, light trucks (having a rating of less than 10,001 pounds, an unladen weight of less than 6,001 pounds, and equipped with an open box -type bed less than nine feet in length), or other similar passenger vehicles licensed by the State Department of Motor Vehicles. This classification shall not include the repair or maintenance of motor homes or commercial vehicles as defined in Section 3-7.901 of this Zoning Code. "Motor vehicle repair garage" shall be construed broadly to include the place where the following types of commonly -known garage or shop activities occur: tune-up and muffler work, parts and tire sales and installation, wheel and brake work, engine and transmission overhaul, and installation of car alarms and car stereos. "Motor vehicle repair garage" shall not include automobile wrecking, dismantling, or salvage, motor vehicle body and fender shops, or tire retreading or recapping. Vehicle, Service. A business establishment primarily engaged in the retail sale of vehicle fuel station and lubricants. This classification includes facilities having service bays for vehicle service and repair. Such service and repair may include the sale of tires, batteries, and other parts and products related to the operation of a motor vehicle; minor tune-up; lubrication and parts replacement; non -mechanical car -washing, polishing, and waxing; and other light work related to preventive maintenance and upkeep, but may not include maintenance and repair of large trucks or other large vehicles, or body and fender work on any vehicles. Vehicle Towing/Storage. A business establishment providing towing and/or storage of operative or inoperative vehicles. This classification includes the storage of parking tow-aways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling. Visual Obstruction. Any physical obstruction which limits the visibility of persons in motor vehicles or pedestrians approaching intersecting or intercepting streets, alleys, driveways, or other public rights -of -way. W Wall or Fence. A structure forming a physical barrier, including, but not limited to, concrete, concrete block, wood, or other materials which are solid and are so assembled as to form a barrier. Warehouse Retail. An off -price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public. Warehouse Retail, Specialty. An off -price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers. (Supp. No. 6, Update 2) Page 22 of 23 Created: 2022-05-02 10:29:19 [EST] Washroom. Any building, which contains individual laundry facilities and/or bathroom facilities but does not include kitchen facilities. Wholesaling, Distribution and Storage. A business engaged in storage and distribution and having five or fewer heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time. Wholesaling establishments may include no more than ten percent or 1,000 square feet of floor area, whichever is less, for the incidental direct sale to consumers of only those goods distributed wholesale. This classification excludes "Mini -warehouses or self -storage facilities" and "Vehicle towing/storage." Wholesale Dry -Cleaning Plant. A dry-cleaning establishment having at least 51 percent of its gross sales to licensed dry cleaners. Wind Energy Conversion System. A machine and or equipment that creates electricity from wind energy. X Y Yard. An open space on a lot or parcel of land, other than a court, unoccupied and unobstructed by a building from the ground upward. Yard, Front. A yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line, where the front lot line is coterminous with the street line, and the front elevation of the structure located on the parcel. Yard, Rear. A yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land. Yard, Side. A yard extending from the required front yard, or the front lot line where no front yard is required, to the required rear yard or the rear lot line where no rear yard is required. The width of a required side yard shall be a specified horizontal distance between each side lot line and a line parallel thereto on the lot or parcel of land. Where a side yard is bounded by a street, the width of such required side yard shall be a specified horizontal distance between the side lot line on the street side, where said side lot line is coterminous with the street line of a fully -widened street or the ultimate street line of a partially -widened street, and a line parallel thereto on the lot or parcel of land. Zoning Map. The Official Zoning Map delineating the boundaries of zones within the City of Beaumont. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1137, § 5(Exh. B), 8-3-2021; Ord. No. 1141, § 6(Exh. B), 10-5- 2021; Ord. No. 1142 , § 5(Exh. B), 10-19-2021) (Supp. No. 6, Update 2) Page 23 of 23 Created: 2022-05-02 10:29:19 [EST] City of Beaumont Accessory Dwelling Unit Ordinance Chapter 17.15 ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) 17.15.010. Purpose. The purpose of this Chapter is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units QADUs) in compliance with Government Code Sections 65852.2 and 65852.22. 15.020. Applicability. A. This Chapter establishes standards for ADUs and JADUs where allowed by Sections 17.03.120 (Permitted uses for Base Zone Districts), 17.03.150 (Permitted uses for Overlay Zone Districts), and 17.19.120 (Permitted uses for Downtown Base Zone Districts). B. Where this Chapter does not contain a particular standard or procedure, applicable standards and procedures in this Zoning Code shall apply unless otherwise stated. C. An ADU or JADU that conforms to the development standards in this Chapter is deemed to be an accessory use and shall not count towards the overall density for the lot on which it is located. 17.15.030. Number of Unit Tvnes Allowed. A. Single -Family Dwellings. On lots with an existing or proposed single-family dwelling, up to one ADU and one JADU shall be allowed. B. Multifamily Dwellings. On lots with existing or proposed attached multifamily dwellings, the following shall be allowed: Up to two detached ADUs, provided each detached ADU is no more than 16 feet in height and has side and rear yard setbacks of at least four feet; and 2. Non -habitable portions of the existing main structure may be converted to an ADU(s) provided that the maximum number of such ADUs shall not exceed 25 percent of the number of multifamily units, and each ADU complies with Building Code standards. 17.15.040. Permit Process, Timing, and Fees. A. Administrative Plot Plan Required. ADUs and JADUs shall require plot plan approval by the Community Development Director subject to the finding that the ADU or JADU complies with this Zoning Code and Government Code Sections 65852.2 and 65852.22 as applicable. A building permit shall also be required for construction of an ADU or JADU. B. Ministerial Review Required. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 1 of 6 City of Beaumont Accessory Dwelling Unit Ordinance 1. The City shall act on an application to create an ADU or JADU, either by approving the application or sending a notice of deficiency, within 60 days of receipt of a complete application. Such applications resubmitted in response to a notice of deficiency shall be approved or a notice of deficiency sent within 60 days. 2. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered ministerially without discretionary review or a hearing. C. Impact and Utility Fees. Prior to issuance of a building permit for an ADU or JADU, the applicant shall pay all applicable fees. 1. No impact fees shall be imposed on a JADU or an ADU less than 750 square feet in size. 2. Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling). 3. For the purposes of this section, "impact fee" means a "fee" as defined in Government Code Section 66000(b) and a fee specified in Government Code Section 66477. Impact fees do not include any connection fee or capacity charge for water or sewer service. 4. If an ADU orJADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling shall be required. Installation of a separate direct connection between an ADU or JADU contained within an existing structure and the utility shall not be required. ADUs not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the ADU on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the City. 17.15.050. rpneral An[ I --A 1ADU Requirer ft A. No Separate Conveyance. An ADU or JADU maybe rented, but no ADU and JADU maybe sold or otherwise conveyed separately from the primary dwelling unit, nor shall the lot containing the ADU or JADU be subdivided, unless the property was built or developed by a qualified nonprofit corporation and all provisions of Government Code Section 65852.26 are met. B. Short -Term Rental Use Prohibited. No ADU or JADU maybe rented for a term that is shorter than 30 days. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 2 of 6 City of Beaumont Accessory Dwelling Unit Ordinance C. No Minimum Parcel Size. No minimum parcel size shall be required to establish an ADU or JADU. D..Minimum Unit Size. The minimum size of an ADU or JADU is 1.50 square feet ("efficiency unit" per Health and Safety Code Section 17958.1). E. Entrances. The main entrance to an attached ADU or the exterior entry of a JADU may not be located on the front of the primary unit. F. Second Story Units. New second -story windows in an ADU or JADU that are 25 feet or less from a property line shall incorporate at least one of the following: 1. The proposed second -story window of the ADU or JADU shall be positioned such that the window sill is at least five feet above finished floor; or 2. The proposed second -story window of the ADU or JADU shall utilize frosted or obscured glass in the glazing portion of the window (i.e., glass that is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable). G. Colors and Materials. An ADU shall have matching colors and materials as the primary dwelling unit (i.e., use of the same wall and trim material or wall and trim material that visually appears the same as the primary dwelling unit, including color and texture). H. Fire Sprinkler Requirements. ADUs and JADUs shall not be required to include fire sprinklers if they are not required for the primary residence. I. Existing Nonconforming Conditions. An ADU or JADU shall not be required to correct a nonconforming zoning condition. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12. J. Rental Data. The owner of the lot on which an ADU or JADU is located will be requested to participate in the City's monitoring program to determine rent levels of ADUs and JADUs for the City's Regional Housing Needs Allocation reporting. K. Deed Restriction. A deed restriction shall be recorded against the lot containing the ADU or JADU with the Riverside County recorder's office prior to issuance of any certificate of occupancy for the ADU or JADU. The deed restriction shall run with the land and may be enforced against future property owners. Among other requirements, the deed restriction shall state that the ADU or JADU may not be transferred or sold separately from the primary dwelling. The form of the deed restriction shall be provided by the City. ADU Removal. If an ADU or JADU is removed or converted to another use after a certificate of occupancy has been issued for the ADU or JADU, any deviations from development standards (e.g., setbacks, parking) or exemptions granted specific to the ADU or JADU use (e.g., reduced or exempt fees) shall be brought into compliance with the standards and regulations in effect at the time. Upon approval of the reversion request by the City, the deed restriction applicable to the ADU or JADU shall be rescinded from title. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 3 of 6 City of Beaumont Accessory Dwelling Unit Ordinance 17.15.060. Additional Accessory Dwelling Unit (ADU) Standards A. Maximum Size. The maximum size of a detached or attached ADU is 850 square feet for a studio or one -bedroom unit and 1,200 square feet for an ADU with two or more bedrooms. 1. ADUs created from the conversion of existing space may exceed these size limits. 2. An addition of up to 150 square feet to accommodate ingress and egress for an ADU created from the conversion of an existing accessory structure shall be exempt from the maximize size standard. B. Setbacks 1. Front setbacks shall be those established by the applicable zone district. 2. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less. 3. If a detached ADU would be constructed in the same location and to the same dimensions as an existing structure, the ADU may maintain the same setbacks as the existing structure. C. Height. Height shall not exceed the height of the main unit or 16 feet, whichever is greater. D. Parking, 1. One off-street parking space shall be provided for each ADU. The parking space may be provided as tandem parking and may be located in setbacks, but not in the front yard unless on the driveway. 2. When a garage, carport, or covered parking structure is demolished in conjunction with construction of an ADU or is converted to an ADU, those off-street parking spaces shall not be required to be replaced. 3. Parking for an ADU shall not be required in the following situations: a. The ADU is located within one-half mile walking distance of public transit. b. The ADU is located within an architecturally and historically significant historic district. c. The ADU is part of the proposed or existing primary residence or an existing accessory structure. d. When on -street parking permits are required but not offered to the occupant of the ADU. e. When there is an established car share vehicle stop located within one block of the ADU. E. Design. 1. A newly constructed detached ADU shall be located behind the street -facing facade of the primary unit. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 4 of 6 City of Beaumont Accessory Dwelling Unit Ordinance 2. When a garage is converted to an ADU, the garage door shall be removed and replaced with either windows or a door (provided the door does not face the street if it is an attached ADU). Windows and doors shall be of the same size, proportion, and spacing as the primary dwelling unit. 3. A solid fence six feet in height or vegetative screening/plantings of species with a mature height of at least 10 feet shall be located or constructed along interior side and rear property lines adjacent to the ADU if the ADU is located less than 10 feet from respective property lines. F. Other Standards. Lot coverage, open space, and floor area ratio limitations, where applicable, shall not preclude the development of an ADU of up to 800 square feet and 16 feet in height with a minimum of four -foot side and rear setbacks. 17 1S n7fl Additional Junior Acc----ry Dwelling llnit ('AnU) Standarric A. JADUs shall be subject to an owner -occupancy requirement. A natural person with legal or equitable title to the property shall reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, this owner - occupancy requirement does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. B. JADUs shall have both interior access to the primary dwelling unit and an exterior door. C. Parking shall not be required for a JADU. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 5 of 6 City of Beaumont DEFINITIONS 17.14.030 Definitions (A through Z). Accessory Dwelling Unit Ordinance The following definitions will be added alphabetically to Section 17.14.030, Definitions (A through Z). Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: 1. An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code. 2. A manufactured home, as defined at Section 18007 of the California Health and Safety Code. Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot. Efficiency Kitchen. A kitchen that includes the following: 1. A cooking facility with appliances that can run on standard 120 volt outlets or natural or propane gas; 2. A food preparation counter; 3. Storage cabinets that comply with minimum building code standards; and 4. May include a single basin sink with a maximum waste line diameter of 1.5 inches. Junior Accessory Dwelling Unit QADU). A residential unit that is consistent with the following: 1. Is no more than 500 square feet in size; 2. Is contained entirely within an existing or proposed single-family structure; 3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure; and 4. Includes an efficiency kitchen. Public transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Tandem parking. Two or more automobiles parked on a driveway or in any other location on a lot, lined up behind one another. ADMINISTRATIVE DRAFT DECEMBER 2021- Rev. January 2022 Page 6 of 6 TITLE 17 - ZONING Chapter 17.19 DOWNTOWN ZONE DISTRICTS Chapter 17.19 DOWNTOWN ZONE DISTRICTS 17.19.010 Purpose and authority. The purpose of this Chapter 17.19 is to accomplish the following: • To implement the Downtown Area Plan of the City of Beaumont General Plan and the Land Use Policy Map; • To identify and describe the land use designations delineated on the City of Beaumont Official Zoning Map; • To indicate the development standards for each of the Zone Districts; and • To identify the range of uses permitted within each Zone District. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.020 Establishment of zone districts. For the purpose of providing a uniform basis for this Zoning Ordinance, the following zone classifications may be applied to those parcels located within the City of Beaumont Downtown boundaries: Downtown Mixed Use Zone (DMU Zone) Beaumont Mixed Use Zone (BMU Zone) Sixth Street Mixed Use Zone (SSMU Zone) Sixth Street Mixed Use - Residential Zone (SSMU-R Zone) Local Commercial Zone (LC Zone) Downtown Residential Multifamily Zone (DMF Zone) Other zone classifications that apply to Downtown, which are governed by Chapter 17.03, are as follows: Residential, Single Family Zone (R-SF Zone) Residential, Traditional Neighborhood Zone (R-TN Zone) Public Facilities Zone (P-F Zone) ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) Beaumont, California, Code of Ordinances (Supp. No. 6, Update 2) Page 1 of 24 Created: 2022-05-02 10:29:21 [EST] 17.19.030 Zoning map. The location and boundaries of the various zones within Downtown are delineated on the zoning map of the City of Beaumont. Figure 17.19-1 illustrates the zone districts for Downtown. All property within the Downtown, public and private, is assigned a specific Zone designation and its location and extent is noted on the official zoning map. The use of all property must be in accordance with the Zoning designations delineated on the zoning map and pursuant to the provisions of this Zoning Code. A. Use of Zoning Map and Classifications. The requirements that are applicable to each Zone classification is specifically set forth in subsequent articles of this ordinance. B. Uncertainty in Cartography. Where uncertainty exists as to the boundaries of any zone, the following rules shall apply: 1. Cartography. Where boundaries are indicated as approximately following street lines, alley lines, or lot lines, such lines shall be construed to be such boundaries. 2. Easements and Rights -of -Way. Dedicated streets, alleys, freeways, or railroad rights -of -way shall be deemed to be unclassified. 3. Vacated or Abandoned Property. If any public street, alley or other right-of-way is vacated or abandoned, the land formerly in such street, alley or right-of-way shall be included within the Zoning of the adjoining property on each side. 4. Amendments to the Official Zoning Map. Changes in boundaries of Zones shall be made by ordinance (as described in Section 17.02). All amendments to the zoning map shall be noted on the Map with the date of the amendment and references to the amending ordinance. (Supp. No. 6, Update 2) Page 2 of 24 Created: 2022-05-02 10:29:20 [EST] Figure 17.19-1. Downtown Zones Room Flow on I-10 FREEWAY Beaumont Avenue District Single family Residential Extended Sixth Street Traditional Neighborhood QDowntown District Downtown Residential Multifamily Sixth Street Mixed Use - Residential (Supp. No. 6, Update 2) Page 3 of 24 Is 1 0 0.1 0.2 0.4 Miles 1 Sixth Street Mixed Use Public Facilities Beaumont Mixed Use VV Active Ground Uses Required Downtown Mixed Use Local Commercial Created: 2022-05-02 10:29:2e [EST] O N O N r-1 N e-I m L X W N Lol 0 N a --I 17.19.040 Downtown Mixed Use Zone (DMU Zone). The Downtown Mixed Use (DMU) Zone is intended to provide for a rich and diverse mixture of office, retail, commercial, civic, entertainment, and cultural activities in a lively, thriving, high -quality pedestrian environment which incorporates mixed use development. Active and retail uses are required along the Sixth Street (between California and Palm Avenues) and Beaumont Avenue (between 5th and 8th Street) street frontages to create a walkable, pedestrian -oriented and vibrant environment. This Zone is also intended to allow for residential uses on the upper floors (residential uses are not permitted on the first floor along Sixth Street and Beaumont Avenue to ensure that the Downtown character is maintained). A. Downtown Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. B. Downtown Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Downtown Mixed Use Zone, Development Standards. The following standards shall apply to the Downtown Mixed Use Zone (DMU Zone): Lot Area and Dimensions. No minimum requirement. Setbacks and Yards. The following setback requirements are applicable to the Downtown Mixed Use Zone (DMU Zone): a. Front Yard Setbacks. No front yard setback is required for commercial uses; five-foot maximum setback for residential development. b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. C. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. d. Freeway SetbacksforResidential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 15 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Downtown Mixed Use Zone (DMU Zone), the maximum height of any building shall not exceed 3 stories or 45 feet. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. (Supp. No. 6, Update 2) Page 5 of 24 Created: 2022-05-02 10:29:20 [EST] Figure 17.19-2. Step Back from Adjacent Residential Uses Development in DMU, DMF, SSMU Single Family or SSMU-R Zone/Uses I Fourth floor, ' if permitted i 15's i }1 r u 1 O 'I rn I X 7' 15, 1 S 11 : ::I 1 I *minimum ( see specific zone for setback) D. Downtown Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Downtown Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback). F. Downtown Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. #G. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). 1.N. Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way: 1. Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits. 2. Prioritize the location of non -habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway. 3. Screen the project site with substantial vegetation and/or a wall barrier. 4. Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10. Supplemental Standards. These Supplemental Standards apply to development within DMU Zone: 1. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings: a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; and (Supp. No. 6, Update 2) Page 6 of 24 Created: 2022-05-02 10:29:20 [EST] b. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. 2. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. a. Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions. The following are exempt from this requirement: 1. Residential uses; and 2. Multi -level garages. C. Reductions. This requirement may be reduced or waived if the Director makes the following findings: 1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and 2. Street -facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. Figure 17.19-3. Building Transparency/Required Openings Exhibit Min. 50% of this area shall be openings j I . . 1 };------------�=-,-----�tl��'­I�i� a17-�-- 7ft 2.5 ft Max. 30 ft linear wall without an opening Front or side street lot line or pedestrian walkway 3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk. Created: 2022-05-02 10:29:20 [EST] (Supp. No. 6, Update 2) Page 7 of 24 5. Wall Plane Modulation. All street -facing facades shall have at least one horizontal or vertical projection or recess at least two feet in width and depth, for every 50 horizontal feet of wall. 6. Pedestrian Access. On -site pedestrian circulation and access shall be provided consistent with the following standards. a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities. b. To circulation network. Regular connections between on -site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on - site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. C. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e. Pedestrian walkway design. 1. Walkways shall be a minimum of six feet wide, shall be hard -surfaced, and paved with permeable materials. Walkway widths may be reduced to three feet wide for small lot development (Section 17.11.030.D). 2. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. 3. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of five acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on -site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. C. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. (Supp. No. 6, Update 2) Page 8 of 24 Created: 2022-05-02 10:29:20 [EST] Additional standards listed in Section 17.03.065. apply to multiple family developments, multiple family residential components of mixed -use developments, and attached single unit developments, in the DMU Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.050 Beaumont Mixed Use Zone (BMU Zone). The Beaumont Mixed Use Zone is intended to facilitate Beaumont Avenue corridor's transition to a mixed - use district with a mix of professional office, limited commercial uses and residential uses that are compatible with the abutting single-family residences to the east and west. Development is intended to be less intense than the DMU zoning district in keeping with the scale of surrounding development. A. Beaumont Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. Beaumont Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Beaumont Mixed Use Zone, Development Standards. The following standards shall apply to the Beaumont Mixed Use Zone (BMU Zone): 1. Lot Area and Dimensions. No minimum lot size required. 2. Setbacks and Yards. The following setback requirements are applicable to the Beaumont Mixed Use Zone (BMU Zone): Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 20 feet. In no event shall a residence be situated in such a manner as to result in a distance of less than 20 feet between the back of a sidewalk and the face of a garage door. b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. C. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. 3. Density. The maximum density shall be 10 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.35. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Beaumont Mixed Use Zone (BMU Zone), the maximum height of any building shall not exceed 2 stories or 35 feet. D. Beaumont Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Beaumont Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone. Beaumont Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. (Supp. No. 6, Update 2) Page 9 of 24 Created: 2022-05-02 10:29:20 [EST] G. AccesseFy Dwelkng Units. Aeeessery dwelling uRits are aIIG;WA.fP_F_J GGIAS;msteRt with the standards applie +.. +k. D R A I 1 7...... ...J [+..+., I.,... Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.060 Sixth Street Mixed Use Zone (SSMU Zone). The Sixth Street Mixed Use Zone is intended to provide for commercial and multifamily residential uses along Sixth Street, east of Palm Avenue either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue. A. Sixth Street Mixed Use Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. B. Sixth Street Mixed Use Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Sixth Street Mixed Use Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use Zone (SSMU Zone): 1. Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use Zone (SSMU Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use Zone (SSMU Zone): a. Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 10 feet. b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. C. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. d. Freeway Setbacks for Residential Uses. Residential uses shall have a minimum setback of 500 feet from Interstate 10. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use Zone (SSMU Zone), the maximum height of any building shall not exceed 4 stories or 60 feet, except as noted below. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. (Supp. No. 6, Update 2) Page 10 of 24 Created: 2022-05-02 10:29:20 [EST] D. Sixth Street Mixed Use Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Sixth Street Mixed Use, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback). Sixth Street Mixed Use Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). tH. Adjacency to Interstate 10. The following standards apply to development that are within 500 feet of Interstate 10 as measured from its right-of-way: 1. Locate occupied open space areas (play areas, courtyards, patios, balconies, etc.) as far from the freeway as possible when the size of the site permits. 2. Prioritize the location of non -habitable uses, such as parking structures and building areas not calculated in floor area, nearest the freeway. 3. Screen the project site with substantial vegetation and/or a wall barrier. 4. Provide special noise mitigation for residential uses in this zoning district that are within 500 feet of Interstate 10, 11, Supplemental Standards. Additional standards listed in Section 17.19.040.11 apply in the SSMU Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.070 Sixth Street Mixed Use —Residential Zone (SSMU-R Zone). The Sixth Street Mixed Use —Residential Zone (SSMU-R Zone) is intended to provide for multifamily residential and commercial uses along the north side of Sixth Street, east of Palm Avenue. Multifamily residential uses are required, either as stand alone or in a mixed use setting. The permitted uses and development standards are intended to be conducive to a compact, mixed use, and walkable environment and supportive of the Downtown retail environment west of Palm Avenue. A. Sixth Street Mixed Use —Residential Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. B. Sixth Street Use —Residential Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Sixth Street Mixed Use —Residential Zone, Development Standards. The following standards shall apply to the Sixth Street Mixed Use —Residential Zone (SSMU-R Zone): Lot Area and Dimensions. Lot sizes for the Sixth Street Mixed Use —Residential Zone (SSMU-R Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 80 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Sixth Street Mixed Use —Residential Zone (SSMU-R Zone): (Supp. No. 6, Update 2) Front Yard Setbacks. The minimum front yard setback is 5 feet and the maximum front yard setback is 10 feet. Page 11 of 24 Created: 2022-05-02 10:29:20 [EST] b. Rear Yard Setbacks. The minimum rear yard setback is 10 feet, except when adjacent to a single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. C. Side Yard Setbacks. The minimum side yard setback is 5 feet, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. 3. Density. The maximum density shall be 22 units per acre. 4. Floor Area Requirements. The maximum permitted floor area ratio is 0.5. The floor area ratio standard applies to non-residential uses only. 5. Building Height. In the Sixth Street Mixed Use —Residential Zone (SSMU-R Zone), the maximum height of any building shall not exceed 4 stories or 60 feet. 6. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. D. Sixth Street Mixed Use —Residential Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. Sixth Street Mixed Use —Residential Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply, except where they conflict with standards allowed in this Zone (e.g., no front yard setback). Sixth Street Mixed Use —Residential Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. ##G. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). 1H. Supplemental Standards. Additional standards listed in Section 17.19.040JI apply in the SSMU Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.080 Downtown Residential Multifamily Zone (DMF Zone). The Downtown Residential Multifamily Zone (DMF Zone) is intended to encourage walkable, transit ready residential development in the proximity to Downtown, and to facilitate further development of this land use type. This includes higher density housing that includes condominiums, townhomes, duplexes, patio apartments, senior housing and supporting ancillary facilities. A. Downtown Residential Multifamily Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. B. Downtown Residential Multifamily Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Downtown Residential Multifamily Zone, Development Standards. The following standards shall apply to the Downtown Residential Multifamily Zone (DMF Zone): (Supp. No. 6, Update 2) Page 12 of 24 Created: 2022-05-02 10:29:20 [EST] 1. Lot Area and Dimensions. Lot sizes for the Downtown Residential Multifamily Zone (DMF Zone) shall not be less than 6,000 square feet with an average lot width of 60 feet and a minimum average lot depth of 100 feet. Smaller lots may be allowed consistent with 17.11.030.1) (Small Lot Development). Setbacks and Yards. The following setback requirements are applicable to the Downtown Residential Multifamily Zone (DMF Zone): Front Yard Setbacks. The minimum front yard setback is 10 feet. 2. The maximum front yard setback is 20 feet. The maximum setback requirement may be waived if the Director finds: Common plazas, courtyards, or outdoor amenity areas are located between the street and the building(s); b. The building(s) incorporates an entrance design that creates a welcoming entry feature facing the street; or C. A larger area is required to preserve existing mature trees or natural features. Rear Yard Setbacks. The minimum rear yard setback is 15 feet, except a minimum rear yard setback of 20 feet is required when adjacent to a single family residential use. C. Side Yard Setbacks. 1. The minimum interior side yard setback is five feet, except corner lots shall have a minimum street side yard setback of 10 feet. The minimum interior side yard setback is increased to 15 feet if adjacent to a single family residential use and to 20 feet for a three-story building. 2. The maximum street side yard setback is 20 feet. The maximum setback requirement may be waived if the Director makes the findings listed in subparagraph 17.19.080.C.2.a.2. Building Placement Requirements. Building fa�ade(s) shall extend a minimum of 65 percent of the street frontage for the area between the minimum and maximum front yard setbacks. For example, if a lot is 100 feet wide, 65 linear feet of the lot parallel to the street must be occupied by a building(s) that adheres to the maximum setback requirement. b. In the area between the minimum and maximum street side yard setback, 50 percent of the linear distance parallel to the street shall be occupied by a building fagade(s). (Supp. No. 6, Update 2) Page 13 of 24 Created: 2022-05-02 10:29:20 [EST] Figure 17.19-4. Building Placement Requirements, DMF Zone 01 Cd Required Building Area N Property Llne - I------------------ TiBuilding DRequired Building Area ©Property Line I"no E I I -I I I I I I I I I I I I I I I j I I I I 1 (min) Sidewalk 2W 10• 50% (min) Street 4. Density. The density shall not exceed 22 units per acre. v S. useable Yard Area (Open Space) Requirements. The following minimum useable open space standards are applicable to development within the Downtown Residential Multifamily Zone (DMF Zone): a. For multifamily developments of fewer than 20 units, each unit shall have a minimum of 100 square feet of usable open space. b. For multifamily developments of 20 or more units, each unit shall have a minimum of 200 square feet of usable open space. C. The definition of useable open space and the method of computation is provided in Chapter 17.14 (see "Open Space, Useable"). 6. Building Height. In the Downtown Residential Multifamily Zone (DMF Zone), the maximum height of any building shall not exceed 35 feet. Step back from Adjacent Residential. New development when sited next to single-family uses shall step back upper floors (third and higher) an additional 15 feet to maintain solar access and privacy for adjacent single family residential uses. See Figure 17.19-2. D. Downtown Residential Multifamily Zone, Off street Parking. 1. Parking shall not be located in the front setback unless the Director makes the following findings: (Supp. No. 6, Update 2) Page 14 of 24 Created: 2022-05-02 10:29:20 [EST] a. Buildings comply with the maximum front setback requirement; b. The parking area located within the front setback is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06; and C. Requirements in Chapter 17.05 are complied with. 2. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Downtown Residential Multifamily Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Downtown Residential Multifamily Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. Street Trees. A minimum of one tree shall be located along every 40 feet of street frontage. Street trees shall comply with applicable standards in Section 17.06.110 (Street trees). Supplemental Multiple Family Development Standards. Additional standards listed in Section 17.03.065. apply to multiple family developments, multiple family residential components of mixed - use developments, and attached single unit developments, in the DMF Zone. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) 17.19.090 Local Commercial Zone (LC Zone). The Local Commercial Zone (LC Zone) is intended to permit development that provides for a range of commercial service and retail land uses that are in proximity to residential neighborhoods consistent with the General Plan. A. Local Commercial Zone, Permitted Uses. The uses permitted under this Zone District are identified in Table 17.19-1 of this Section. B. Local Commercial Zone, Conditional Uses. The uses conditionally permitted under this Zone District are identified in Table 17.19-1 of this Section. Such uses require the approval of a conditional use permit. C. Local Commercial Zone, Development Standards. The following standards shall apply to the Local Commercial Zone (LC Zone): 1. Lot Area and Dimension. Lots sizes for the Local Commercial Zone (LC Zone) shall not be less than 10,000 square feet with a minimum average lot depth of 100 feet and a minimum average lot width of 100 feet. 2. Setbacks and Yards. The following setback requirements are applicable to the Local Commercial Zone (LC Zone): a. Front Yard Setbacks. The minimum front yard setback is 5 feet. b. Rear Yard Setbacks. No rear yard setback is required, except when adjacent to single family residential use. The rear yard setback is 20 feet when adjacent to single family residential use. C. Side Yard Setbacks. No side yard setback is required, except when adjacent to single family residential use. The side yard setback is 15 feet when adjacent to single family residential use. (Supp. No. 6, Update 2) Page 15 of 24 Created: 2022-05-02 10:29:20 [EST] Lot Area Requirements. The area occupied by all structures shall not exceed 50 percent of the lot area and the maximum permitted floor area ratio is 0.7. 4. Building Height. In the Local Commercial Zone (LC Zone), the maximum height of any building shall not exceed 60 feet. D. Local Commercial Zone, Off street Parking. Automobile storage space shall be provided as indicated in Chapter 17.05. E. Local Commercial Zone, Landscaping. The provisions of Chapter 17.06 of this ordinance shall apply. F. Local Commercial Zone, Signs. The provisions of Chapter 17.07 of this ordinance shall apply. G. Supplemental Standards. 1. Limitations on Location of Parking. Above ground parking shall not be located within 40 feet of a street facing property line unless the Director makes the following findings: a. The site is small and/or constrained such that underground parking or surface parking located more than 40 feet from the street is not feasible; or The design incorporates habitable space built close to the public sidewalk; and C. The parking area located within 40 feet of the street is landscaped along the street with a hedge, trellis, and/or landscaping consistent with Chapter 17.06. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, doors, or other openings for at least 50 percent of the building wall area located between two and one-half and seven feet above the level of the sidewalk. Such walls may run in a continuous plane for no more than 30 feet without an opening. (Figure 17.19-3). Design of openings. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep. b. Exceptions for parking garages. Multi -level garages are exempt from this requirement. C. Reductions. This requirement may be reduced or waived if the Director makes the following findings: 1. The proposed use has unique operational characteristics with which providing the required transparency and openings is incompatible; and 2. Street -facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping to create visual interest at the pedestrian level. 3. Building Orientation. Building frontages shall be generally parallel to streets and pedestrian walkways. 4. Building Entrances. The primary building entrance shall face a public sidewalk. Buildings located in the interior of a site shall have the primary entrance face a pedestrian walkway that is connected to a public sidewalk. 5. Wall Plane Modulation. All street -facing fagades shall have at least one horizontal or vertical projection or recess at least two feet in depth, for every 50 horizontal feet of wall. 6. Pedestrian Access. On -site pedestrian circulation and access shall be provided consistent with the following standards. (Supp. No. 6, Update 2) Page 16 of 24 Created: 2022-05-02 10:29:20 [EST] a. Internal connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on -site automobile and bicycle parking areas, and to any on -site open space areas or pedestrian amenities. b. To circulation network. Regular connections between on -site walkways and the public sidewalk and other planned or existing pedestrian routes or trails shall be provided. An on - site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. C. To neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. e. Pedestrian walkway design. 1. Walkways shall be a minimum of six feet wide, shall be hard -surfaced, and paved with permeable materials. 2. Where a required walkway crosses a driveway, parking area, or loading area, it must be clearly identified using a raised crosswalk, a different paving material, or a similar method. 3. Where a required walkway is parallel and adjacent to an auto travel lane, it shall be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or another physical barrier. 7. Public Open Space Requirement. Developments with 50,000 square feet or more of non- residential floor area on sites of two acres or larger shall provide open space consistent with the following: a. Forty square feet of open space shall be provided for every 1,000 square feet of nonresidential floor area for the first 100,000 square feet of non-residential floor area, plus 20 square feet of open space for every 1,000 square feet of non-residential floor area over 100,000 square feet. b. Such open space shall be visible and accessible from a public street, or from on -site areas normally frequented by customers and shall be accessible during business hours. Areas within required setbacks may count towards the open space requirement. C. Such open space shall have a minimum dimension of 40 feet. d. Amenities shall be included that enhance the comfort, aesthetics, or usability of the space, including trees, landscaping, shade structures, seating (e.g., fixed seating, planter ledges, etc.), lighting, drinking fountains, public art, or performance areas. e. The surface of the open space shall allow for convenient outdoor activity, recreation, and/or gathering. Such surface may be plant or hardscape material, or a combination thereof. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020) (Supp. No. 6, Update 2) Page 17 of 24 Created: 2022-05-02 10:29:20 [EST] 17.19.120 Permitted uses for Downtown Base Zone Districts. The permitted uses for the Base Zone Districts (identified in Section 17.19.040 through 17.19.090) are listed in Table 17.19-1. Table 17.19-1 Permitted Land Uses for Base Zone Districts in Downtown DMU BMU SSMU SSMU-R LC DMF Administrative Professional Services Administrative/Professional Offices P1 P P P P N Advertising Agencies P1 P P P P N Architectural/Engineering/Design Services P1 P P P P N Attorney/Legal Services P1 P P P P N Business Management Services P1, 2 P P P P N Government Offices and Facilities P1, 2 P3 P P P N Travel Agencies P P P P P N Alcohol Service and Sales Bars or Cocktail Lounges' C N C C C N Liquor Stores '•5 C C C C C N Restaurants with Alcoholic Beverage Sales C C C6 C6 C6 N Automotive Services Automobile, Motorcycle, Truck, and Marine Craft Sales (New and Used) N N P C6 P N Automobile Parking Facilities C N C N P N Automobile Rental Agencies N N C6 N P N Automobile Repair Facilities N N C6 N C N Body and Paint Shops N N N N C N Car Wash N N C N C N Gas/Service Stations N N C6 C6 C N Limousine Services N N C N P N Recharging Stations Allowed (P) in any area designed for the parking or loading of vehicles. Tire Repair N N N N P N Tire Store N N N N P N Towing Services —With Indoor Vehicle Service N N N N C N Towing Services —With Outdoor Vehicle Storage N N N N C N Truck/Trailer Rentals N N N N C N Communications Facilities Wireless Telecommunication Facility— Stealth N N C N C N Radio and Television Broadcasting Studios N N P1'' P1,' P N Recording and Sound Studios C1.7 C1.3 P1-7 P1,7 P N Satellite Dishes (Non -Private) P P P P P N Satellite Dishes (Private Use) P P P P P P Ham Radio Antennae (Private Use) P P P P P P (Supp. No. 6, Update 2) Page 18 of 24 Created: 2022-05-02 10:29:21 [EST] Day Care Facilities Commercial Day Care Facilities (not in- home) N P P P C N Day Care Centers, In Home —Small Family with 1 to 6 Children (as an accessory use in a residential unit) 131 P P P P P Day Care Centers, In Home —Large Family with 7 to 12 Children (as an accessory use in a residential unit) C1 C C C C C Educational Establishments Elementary, Junior, and High Schools/Private & Charter CZ C C C C C Elementary, Junior, and High Schools/Public 0 C P C C C Colleges or University P2 N P1.6 N P N Tutoring & Testing P1, 7 P3 P7 P7 P N Vocational and Trade Schools C1-' C1, 3 N N P N Food and Beverage Sales Bakeries P' P3 P7 N P N Catering Businesses P P3 P P P N Convenience Markets P P3 P P P N Grocery Stores/Supermarkets P P3 P P P N Grocery Stores, Alcohol Sales P N P C P N General Merchandise and Trade_ Antique Sales P' P3 P7 P P N Appliances Sales P' P3 P7 N P N Art Galleries, Studios and Supplies P P3 P P P N Beauty Supplies P P3 P P P N Book and Magazine Sales P P3 P P P N Building Materials with outdoor sales/storage N N N N C N Camera and Photographic Supplies P P3 P P P N Candy Stores P P3 P P P N Cigar/Cigarette Shops' P P3 P P P N Clothing Stores P P3 P P P N Department Stores Ps'9 N P P P N Discount Stores N N N N P N Electronic Equipment Sales P P3 P P P N Equipment Sales and Rentals (indoor storage only) N N P N P N Equipment Sales and Rentals (outdoor storage) N N C N C N Florists P P3 P P P N Freight Forwarding Services N N N N P N Furniture and Home Furnishings P N C C P N Garden Supply P' P3 P7 P' P N Gifts, Crafts, and Novelties P P P P P N (Supp. No. 6, Update 2) Page 19 of 24 Created: 2022-05-02 10:29:22 [EST] Guns and Ammunition C N C N P N Hardware Stores P7 P3 P7 P7 P N Hobby, Toy and Game Stores P P3 P P P N Indoor Swap Meets N N C5 C5 C N Jewelry Sales and Repair P P P P P N Leather Goods P P P P P N Luggage Sales P P P P P N Office Equipment, Furniture and Supplies Sales P7 P3 P' P' P N Pet Sales and Supplies P7 N P7 P' P N Records, Tapes, and Videos P7 P3 P P P N Retail, Other Specialty P7 P3 P P P N Sporting Goods and Equipment P7 P3 P7 P7 P N Surplus Stores P7 P3 P P P N Thrift and Second -Hand Stores with donation drop off C C C C C N Thrift and Second -Hand Stores without donation drop off P7 P3 P7 P7 P7 N Variety Stores P7 P3 P7 P' P N Wholesale Establishments N N C C P N Lodging Bed and Breakfast Facilities P1 C C C P C Emergency Shelters N N C C P N Hotels and Motels P1 N P P P N Low Barrier NaviiZation Cent P N P Residence Inns P1 N P P P N Single -Room Occupant (SRO) Facilities P1 C P P N N Supportive Housing P F C P Trailer Parks and Campsites N N N N N N Transitional Housing P1 P P Medical/Health Care Ambulance Services N N N N P N Animal Hospitals/Veterinaries P2,7,9 N P P P N Clinics P P P P P N Convalescent Homes N N C C P N Chemical Dependency Clinics N N N N C N Hospitals N N N N P N Medical/Dental Offices P1 P P P P N Pharmacies P7 P3 P P' P N Pharmacies with Drive -Through N N C C P N Personal Services Banking, Credit Unions, Financial Services P P3 P P P N Barbers and Beauty Parlors P P P P P N Check Cashing Services P N P P P N Commercial Pet Grooming Services P N P N P N Dry Cleaners I P P P P P N Funeral Parlors, Mortuaries I C2 N N C P N (Supp. No. 6, Update 2) Page 20 of 24 Created: 2022-05-02 10:29:21 [EST] Laundries, Laundromats N N C C6 P N Locksmith and Key Shops P P P P P N Massage Establishments P3 P P P P N Pawnbrokers C N C C C N Photocopying and Photo Developing Services P7 P3 P7 P7 P N Photography Studios P P P P P N Shoe Repair Shops P P P P P N Tailors P P P P P N Tattoo/Body Piercing Services N N C C C N Public and Quasi -Public Uses Community Recreation Centers P C P P P P Cultural Facilities P C P P P N Libraries P P P P P N Museums P C C C P N Parks P P P P P P Public Safety Facilities P P P P P P Senior Citizen Activity Centers P P P P P P Recreation and Entertainment_ Adult -Oriented Businesses N N N N N N Amusement Parks N N N N N N Athletic Fields N N N N N N Batting Cages, Indoor C2,8 N C c6.8 C N Batting Cages, Outdoor N N N N C N Billiard and Pool Halls C N C N C N Bowling Alleys C2 N C C P N Commercial Sports Facilities N N C C C N Dance Studios C N C N C N Golf Driving Ranges N N N N N N Health Clubs and Gymnasiums C C3 C6• 7 C6• 7 C N Miniature Golf Courses N N N N C N Off -Road Mini -Bike and Motocross Courses N N N N N N Public Auditorium/Auditoriums C N C C C N Shooting Ranges (indoor) N N C N N N Skating Rinks N N C C P N Video Arcades C C N N C N Recycling Collection Facilities N N N N C N Processing Facilities N N N N C N Religious Institutions Churches C C P P C C Monasteries, Convents, or Similar Religious Quarters C C P P C C Repair Services Electrical and Household Appliances Repair N N C C P N Furniture Refinishing N N N N P N Furniture Reupholstering N N N N P N (Supp. No. 6, Update 2) Page 21 of 24 Created: 2022-05-02 10:29:21 [EST] Lawnmower Repair/Sales Shops N N C N P N Machine Shops N N N N C N Welding Shops N N N N C N Residential Uses Accessory Guest Houses P P P P N P Accessory Dwelling Units See Chapter 17.15.A A R P� 42 Boarding or Rooming Houses C N C C N C Caretaker's Unit P P P P P P Congregate Care Facilities N N C C P C Day Care Centers, Small Family-1 to 8 Children P3 P P P N P Day Care Centers, Large Family-7 to 14 Children P3 P P P N P Duplexes P P P P N P Employee/Farmworker Housing i6 or N N N Fewer Personsl Group or Community Care Facilities-6 or fewer persons P3 P P P P P Group or Community Care Facilities-7 or more persons C C—P C-P C C—F Home Occupation Businesses P P P P N P Mobile Home Parks N N N N C N Mobile Home or Manufactured Housing Units Single Lot N P N N N P Multiple -Family, Apartments & Condominiums P1,10 N p10 P10 N P10 Planned Residential Developments P P P P N P Senior Housing Developments P P P P N P Single -Family Dwellings N P10 N N N P10 Restaurants Delicatessens P P P P P N Fast -Food Restaurants —Without a Drive- Through",11 P P P P P N Fast -Food Restaurants —With a Drive- Through'," N N C C P N Sit -Down Restaurants P C P5 P5 P N Sit -Down Restaurant with live entertainment C C C5 CS CS N Restaurant, serving alcohol See Alcohol Sales, Restaurants with Alcoholic Beverage Sales Philanthropic and Charitable Institutions P C P P P N Service Organizations P C P P P N Temporary Uses (Supp. No. 6, Update 2) Page 22 of 24 Created: 2022-05-02 10:29:21 [EST] Street/Craft Fairs and Farmers' Markets— Ongoing 02 02 02 C12 02 N Temporary Structures (Subdivision sales Office) P12 P12 P12 P12 P12 N Christmas Tree/Pumpkin Lots, and Similar, Not Exceeding 30 Days P12 P12 p12 P12 P12 N Outdoor Displays C C C C C N Parking Lot Sales P P P P P N Amusement Enterprises 02 02 C12 02 02 N Transportation Facilities Bus Passenger Terminals N N C N C N Charter Bus Companies N N C N C N Motor Vehicle Transportation (Taxi/Shuttle) N N C C C N Truck Stops and Terminals N N N N C N Utilities Public Utility/Service Structures N N N N N N Sewage Disposal Facilities/Waste Transfer N N N N N N Utility Company Offices P1•7 P1.3 P1-7 P1•7 P N Water Storage, Distribution, and Collection Facilities N N N N N N Public Storage Facilities N N N N N N Wind Energy Conversion Systems See 17.11.140 N = Not Permitted P = Permitted C = Conditionally Permitted A = Permitted as an Accessory Use Footnotes: 1 Use is allowed only on upper floor locations on parcels fronting 6th Street and Beaumont Avenue. Limited lobby or entry areas are allowed on the ground floor. 2 Use is not allowed on parcels fronting 6th Street and Beaumont Avenue. 3 Use is limited to 2,500 square feet. ° These uses shall not be located on any parcel which is located within 1,000 feet of any school providing instruction in 12th grade or below, day care center, or youth center. S New liquor stores shall not be located within 1,000 feet of another liquor store. 6 Must comply with step back standards (Figure 17.19-2) and setbacks per zone if adjacent to single family residential use. Performance standards per Chapter 17.04 apply. 7 Use is limited to 5,000 square feet. 8 Use is limited to 10,000 square feet. 9 CUP required if proposed use is larger than 10,000 square feet. (Supp. No. 6, Update 2) Page 23 of 24 Created: 2022-05-02 10:29:21 [EST] " A Live/work unit is only permitted in the primary structure. 11 New fast food restaurants should not be located within 1,000 feet of another fast food restaurant. 12 Temporary Use Permit required. ( Ord. No. 1128, § 2(Exh. B), 12-1-2020; Ord. No. 1141, § 5(Exh. A), 10-5-2021) (Supp. No. 6, Update 2) Created: 2022-05-02 10:29:21 [EST] Page 24 of 24