PC Resolution 2011-011PLANNING COMMISSION RESOLUTION 2011-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2011-104; FOR
AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE, SECTION
9.170 COMMUNICATION TOWERS AND EQUIPMENT, SECTION
9.40.040 TABLE OF PERMITTED USES, SECTION 9.60.080
SATELLITE DISH AND OTHER ANTENNAS, SECTION 9.80.040 TABLE
OF PERMITTED USES, SECTION 9.90.020 ROOF PROJECTIONS,
SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS,
SECTION 9.120.020 TABLE OF PERMITTED USES
CASE NO.: ZONING ORDINANCE AMENDMENT 2011-104
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 12h of July, 2011, hold a duly noticed Public Hearing for
review of a Zoning Ordinance Amendment to amend La Quinta Municipal Code,
Section 9.170 Communication Towers and Equipment; and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Section 15061(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on June 16, 2011, as prescribed by the
Municipal Code; and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following mandatory findings
recommending approval of said Zoning Ordinance Amendment, to the City Council:
1. The proposed Zoning Ordinance Amendment is consistent with the purpose
and intent of the relevant zoning districts and the General Plan land use
designations.
2. Approval of the Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have
no impacts on the public health, safety and welfare, as the amendments
Planning Commission Resolution 2011-011
Zoning Ordinance Amendment 2011-104
July 12, 2011
require case -by -case analysis and findings to ensure there are no detrimental
impacts.
3. The Zoning Ordinance Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect on the environment.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
1. That the above recitations are true and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2011-104 as set forth in attached Exhibit A to the
City Council for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 121' day of July, 2011, by the following
vote, to wit:
AYES: Commissioners Barrows, Wilkinson, Wright, and Chairman Alderson.
NOES: None.
ABSENT: Commissioner Weber.
ABSTAIN: None.
I C� %� �' -
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
JO N, Planning Director
of a`Quinta
Chapter 9.170. Wireless Telecommunication Facilities
9.170.010 PURPOSE
The purpose of
this chapter is to provide a uniform and comprehensive set of standards for the
development of wireless telecommunication facilities. The regulations contained
herein are intended to protect and promote public health, safety, and welfare and
the aesthetic quality of the city while providing reasonable opportunities for
telecommunication services to provide such services in a safe, effective and
efficient manner. These regulations are intended to address the following
community concerns:
A. To minimize adverse visual effects of towers and accessory buildings
associated with wireless telecommunication facilities through careful design,
siting and vegetative screening;
B. To avoid potential damage to adjacent properties from tower failure through
engineering and careful siting of tower structures;
C. To lessen traffic impacts on surrounding residential districts;
D. To maximize use of any new and existing telecommunication tower and to
reduce the number of towers needed;
E. To ensure radio frequency radiation is in compliance with federal
requirements; and
F. To allow new telecommunication towers in residential areas only if a
comparable site is not available outside residential areas.
9.170.020 DEFINITIONS
defined as fellews:
may- is peFFAISSIVe.
. . st to the anteMa multiplied by the numeFical POWSF gain of the
A. "Antenna" — any system of wires poles rods, panels, reflecting discs or
similar devices used for the transmission or reception of radio frequency
electromagnetic waves when such system is external or attached to the
exterior of a structure.
B. "Building -mounted" — any antenna or other antenna associated support
equipment resting on the ground directly attached or affixed to the side of
a building tank tower or other structure other than a telecommunication
tower.
C. "Co -location" - the placement of two or more wireless telecommunication
facilities service providers sharing one support structure or building for the
location of their facilities.
D. "Existing facilities" - an existing structure located in the public right-of-wav
or a building with an approved Site Development Permit and/or an existing
telecommunication facility with a previously approved Conditional Use
Permit.
E. "FAA" - Federal Aviation Administration
F. "FCC" - Federal Communication Commission
G. "FCC OET Bulletin 65" - refers to the Federal Communication Commission
Office of Engineering and Technology Bulletin 65 - "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radiofrequency
Electromagnetic Fields".
H. "Free-standing Towers" - includes all telecommunication towers used in
association with the mounting and/or placement of antenna and associated
equipment.
/. General Population" - all persons who are not direct family members
relatives, or employees of the owner or operator of a source of NIER of the
owner or other users of the site of an NIER source.
J. "Ground -mounted" - an antenna or other antenna associated support
equipment with its support structure placed directly on the ground
K. "Hand-held source" - means a transmitter normally operated while being
held in the hands of the user.
L. `Height of antenna above grade or ground" - means the vertical distance
between the highest point of the antenna and the finished grade directly
below this point.
M. "Highest calculated NIER level" - means the NIER predicted to be highest
with all sources of NIER operating.
N. "Lattice Tower" - a three or more legged open structure designed and
erected to support wireless telecommunication antennas and connecting
appurtenances.
O. "Monopole" - a single pole structure designed and erected to support
wireless telecommunication antennas and connecting appurtenances
P. "Roof -mounted" - an antenna directly attached to the roof of an existing
building, water tank, tower or structure other than a telecommunication
tower.
Q. "Satellite Dish" - any device incorporating a reflective surface that is solid
open mesh or bar configuration, that is shallow dish cone horn bowl or
cornucopia shaped and is used to transmit and/or receive electromagnetic or
radio frequency communication/signals in a specific directional pattern
R. "Shared Capacity" - means that capacity for shared use whereby a tower
can accommodate multiple users simultaneously. Tower height, antenna
weight, design and the effects of wind are prime determinants of capacity.
S. "Sole -source emitter" - one or more transmitters only one of which
normally transmits at a given instant.
T. "Stealth" - improvements or treatments added to a wireless
telecommunication facility which mask or blend the proposed facility into
the existing structure or visible backdrop in such a manner as to minimize
its visual impacts or any design of a wireless telecommunication facility to
achieve same. Stealth designs may utilize, but does not require,
concealment of all components of a facility. Examples of stealthing include,
but are not limited to the design and construction of a tower so that it is
disguised as a flagpole tree palm or sculpture or the incorporation of
colors and design features of nearby structures.
U. "Telecommunication Tower — a monopole or lattice tower.
V. "Wireless Telecommunication Facility or Facilities" — any structure, antenna,
pole equipment and related improvements the primary purpose of which is
to support the transmission and/or reception of electromagnetic signals,
including but not limited to, telecommunication towers.
W. "Vehicle source" — a transmitter regularly used in vehicles that normally
move about.
9.170.030 PERMITTED LOCATIONS
A. Location Preferences — location preferences are provided in furtherance of
the purpose of this chapter, as set forth under Section 9.170.010. To the
maximum extent feasible, new telecommunication facilities shall be located
according to the following preferences with the most preferred sites listed
first:
1. Major Community Facilities (MC) Parks and Recreation (PR), and
Industrial (1) zoning districts;
2. All Commercial zoning districts;
3. Very Low Density (VRL) Residential Low Density (RL), Medium
Density Residential (RM)and Medium High Density Residential (RMH)
zoning districts;
4. High Density Residential (RH); and the
5. Open Space (OS) and Flood Plain (FP) zoning districts.
D. G
9.170.040 APPLICABILITY
This chapter shall apply to all wireless telecommunication facilities for the
transmission and/or reception of wireless radio, television, and other
telecommunication signals including, but not limited to, commercial wireless
communication systems such as cellular and paging systems, except those facilities
defined in this chapter as exempt facilities. .
9.170.060 EXEMPTION
The following uses are exempt from this chapter but may be regulated by other
sections of the municipal code:
A. Portable hand-held devices and vehicular transmission;
B. Industrial, scientific and medical equipment operating at frequencies
designated for that purpose by the FCC;
C. Government -owned communication facilities used primarily to protect health
safety and welfare;
D. Facilities operated by providers of ememenry medirai swn.irnc inM.,e i.,n
provision of those services;
E. A source of nonionizing electromagnetic radiation with an effective radiated
power of seven watts or less;
F. A sole -source emitter with an average output of one kilowatt or less if used
for amateur purposes, such as CB radios;
G. Goods in storage or shipment or on display for sale, provided the goods are
not operated except for occasional testing or demonstrations;
H. Amateur or "ham" radio equipment;
I. Satellite receiving dishes regulated by Section 9.60.080 and 9.100.070; and
J. Any facility specifically exempted under federal or state law.
9.170.060 APPROVAL STANDARDS
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A. General Approval Standards for all Telecommunication Facilities include:
1. Compliance with all federal and state statutes, including but not
limited to FCC licensing, NIER levels, and FAA requirements.
2. Addition of the planned equipment to an existing or approved tower
shall not result in NIER levels in excess of those permitted by the
FCC.
3. Antennas equipment and all ancillary components shall be stealth to
the maximum extent feasible.
B. Telecommunication Tower Provisions:
1. All towers shall incorporate stealth/camouflaged designls) to the
maximum extent feasible to avoid adverse visual impacts to the
surrounding properties and the community as a whole;
2. The base of the tower shall comply with the setback standards in the
underlying zoning district except where additional setbacks under
Section 9.170.060B.7 apply.
3. Towers shall not be located within primary image corridors as
designated in the General Plan.
4. If a telecommunication tower is located adjacent to any of the City's
designated Image Corridors, as identified in the City's General Plan,
the tower's height shall conform to the height limitations as identified
in the City's General Plan.
5. All new towers shall be designed at the minimum height functionally
required No new telecommunication tower shall exceed one -hundred
(100) feet in height.
6. The proposed tower shall be designed structurally to accommodate
the maximum number of foreseeable users, including all potential co -
location scenarios.
7. All accessory structures associated with a tower shall comply with
the setback standards in the underlying zoning district.
8. Any guy -wire anchors shall be set back twenty-five (25) feet from
any property lines.
9. Tower shall not be artificially lighted unless required by the FAA or
state aeronautics division.
1O.Existing on -site vegetation shall be preserved to the maximum extent
feasible.
C. Roof -mounted and Building -mounted Telecommunication Facilities:
1. All building -mounted facilities shall comply with Section 9.100.050 of
the L.Q.M.C.
2. Equipment shall not be visible to surrounding properties.
3. All equipment shall blend or architecturally match the existing design
of the building. Elements used to screen roof -mounted or building -
mounted equipment shall not appear as "add -on" elements to the
existing building.
D. Other Facilities: other facilities are described as those telecommunication
facilities that do not fit the descriptions above. These facilities may include
but are not limited to, rock features and other wireless telecommunication
facility designs. All telecommunication facilities shall be stealth to the
maximum extent feasible.
9.170.070 APPLICATION
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All new telecommunication facilities shall require a Conditional Use Permit
_Modifications and/or additions to approved existing facilities shall require a Minor
Use Permit for Planning Director approval. All modifications and/or additions shall be
reviewed on a case -by -case basis. Upon review of an application for modification
and/or additions to an existing facility, the Planning Director may schedule the
proposal for a hearing with the Planning Commission. In all cases unless otherwise
waived by the Planning Director, an application for approval of a wireless
telecommunication facility shall include, at a minimum:
A. A site plan or plans drawn to scale and identifying the site boundaries;
tower(s); guy wires; existing and proposed facilities; vehicular parking and
access; existing vegetation to be added, retained, removed or replaced; and
uses, structures and land use and zoning designations on the site and
abutting parcels.
B. A plan drawn to scale showing proposed landscaping, including species type,
size, spacing and other features.
C. Photo simulations showing the proposed wireless telecommunication facility
and surrounding features. Photo simulations shall include at least three
different angles of the proposed facility at different distances from the
location, including before and after visualizations.
D. RF maps showing all existing wireless telecommunication facilities within a
ten (10) mile radius of the proposed facility. The RF maps shall show existing
coverage without the proposed site predicted coverage with the proposed
site and existing sites, and the predicted coverage of only the proposed site
RF maps shall show the predicted coverage for indoor, in vehicle and
outside service.
E. The applicant shall provide a project information and justification letter. The
letter shall provide the project location contact information a project
description and project objectives, alternative site analysis and justification
for why the proposed site was chosen over existing sites The letter shall
include justification for the selected site and a benefits summary on how the
proposed site will improve wireless telecommunication access in the
community.
F. A structural report from a California registered structural engineer. The report
shall provide the following information:
1. Describe the tower and the technical, economic and other reasons for
the tower design;
2. Demonstrate that the tower complies with the applicable structural
standards;
3. Describe the capacity of the tower, including the number and type of
antennas that it can accommodate and the basis for the calculation of
capacity;
4. Show that the tower complies with the capacity requested under
Section 9.170.060; and
5. Demonstrate that the proposed sources of NIER are incompliance with
FCC guidelines.
G. The applicant shall request the FAA, FCC, and state aeronautics division to
provide a written statement that the proposed tower complies with
applicable regulations administered by that agency or that the tower is
exempt from those regulations. If each applicable agency does not provide a
requested statement after the applicant makes a timely, good -faith effort to
obtain it, the application will be accepted for processing. The applicant shall
send any subsequently received agency statements to the Planning Director.
H. Evidence that the tower complies with Section 9.170.060A and a letter of
intent to lease excess space on the tower and excess land on the tower site
except to the extent reduced capacity is required under Section 9.170.060.
1. The applicant shall provide a draft copy of the lease agreement between the
tower operator and the property owner to the Planning Department. Financial
information may be blocked out.
J. A letter of intent, committing the tower owner and his/her successor in
interest to:
1. Respond in a timely, comprehensive manner to any request, required
under Section 9.170.060, for information from a potential shared -use
applicant, the tower owner may charge a party requesting information
under Section 9.170.070 to pay a reasonable fee not in excess of the
actual cost of preparing a response.
2. Negotiate in good -faith or shared use by third parties; an owner
generally will negotiate in the order in which requests for information
are received, except an owner generally will negotiate with a party
who has received an FCC license or permit before doing so with other
parties.
3. Allow shared use if an applicant agrees in writing to pay charges and
to comply with conditions described in this section.
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9.170.080 OPERATIONS AND MAINTENANCE
A. All new telecommunication towers shall be designed within the applicable
American National Standards Institutes (ANSI) standards.
B. No wireless telecommunication facility or combination of facilities shall
produce, at any time, power densities that exceed current FCC adopted
standards for human exposure to RF (Radio Frequency Radiation Exposure
Standards) fields. Failure to comply with FCC Standards will result in the
immediate cessation of operation of the wireless telecommunication facility.
C. Each telecommunication facility will be subject to a ten (10) year review by
the Planning Commission The review will determine whether or not the
originally approved telecommunication facility and accessory equipment are
still in compliance with the conditions of approval, and that all radio
frequencies are in compliance with FCC OET Bulletin 65. This report shall be
prepared by a qualified licensed engineer.
D. All wireless telecommunication facilities shall be installed and maintained in
compliance with the requirements of the Uniform Building Code, National
Electrical Code the City's Noise Ordinance, and other applicable codes, as
well as other restrictions specified in the permit and this section. The facility
operator and the property owner shall be responsible for maintaining the
facility in good condition which shall include but not be limited to regular
cleaning painting and general upkeep and maintenance of the site.
E. All wireless telecommunication facilities and related support equipment shall
be designed to prevent unauthorized persons from accessing and/or climbing
upon any wireless telecommunication facility or appurture thereto. Fences,
walls and other landscape materials shall be installed to prevent
unauthorized persons from accessing and/or climbing a wireless
telecommunication facility.
F. All wireless telecommunication facility operators are required to notify the
City of La Quinta's Planning Department within 60 days of any change of
ownership of the facility.
9.170.090 REQUIRED FINDINGS OF APPROVAL
A. The following findings shall be made by the Planning Commission and/or
Planning Director prior to approval of any wireless telecommunication facility:
1. Consistency with General Plan. The wireless telecommunication
facility is consistent with the goals, objectives and policies of the
general plan;
2 Public Welfare. Approval of the wireless telecommunication facility
will not create conditions materially detrimental to the public health,
safety and general welfare;
3 The proposed wireless telecommunication facility minimizes adverse
visual impacts through careful design and site placement;
4 The proposed wireless telecommunication facility is designed at the
minimal height to achieve the service provides objectives for coverage
within this portion of the community;
5 The proposed wireless telecommunication facility is necessary, as
shown in the applicant's justification letter, to improve community
access to wireless service.
9.40.040 Table of permitted uses.
Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas
and structures which are permitted within each residential district. The letters in the
columns beneath the district designation mean the following:
"P": Permitted as a principal use within the district.
"A": Permitted only if accessory to the principal residential use on the site.
"C": Permitted if a conditional use permit is approved.
"M": Permitted if a minor use permit is approved.
"H": Permitted as a home occupation if accessory to the principal residential use
and if a home occupation permit is approved.
"S": Permitted if a specific plan is approved per Section 9.40.030.
"X": Prohibited in the district.
Table 9.1 Permitted Uses in
Residential Districts
P = Principal use
A = Accessory use
C = Conditional use permit
M = Minor use permit
H = Home occupation permit
Medium-
S = Specific plan required
Low
Medium
High
High
Very Low Density
Density
Cove
Density
Density
Density
X = Prohibited use
Residential
Residential
Residential
Residential
Residential
Residential
Land Use
RVL
RL
RC
RM
RMH
RH
Residential Uses
Single-family detached dwellings
P
P
P
P
P
S
Single-family detached patio homes
S
S
S
S
P
S
(i.e., "zero lot -line")
Duplexes (two units on the same lot)
S
S
S
S
P
P
Single-family attached dwellings (two
units per building with each unit on
S
S
X
S
P
P
its own lot)
Townhome dwellings (two or more
units per building with each unit on
S
S
X
S
P
P
its own lot)
Condominium multifamily Vairspace"
S
S
X
S
P
P
units)
Apartment multifamily (rental units)
X
X
X
P
P
P
Mobilehome parks
C
C
C
C
C
C
Mobilehome subdivisions and
manufactured homes on individual
P
P
P
P
P
X
lots, subject to Section 9.60.180
Resort residential subject to Section
C
C
X
C
C
C
9.60.320
Guesthouses, subject to Section
A
A
A
A
A
A
9.60.100
Second residential units subject to
A
A
A
A
A
A
Section 9.60.090
Group Living and Care Uses
Child day care facilities as an
accessory use, serving 8 or fewer
A
A
A
A
A
X
children, subject to Section 9.60.190
Child day care facilities as an
accessory use, serving 9-14
M
M
M
M
M
X
children, subject to Section 9.60.190
Congregate living facilities, 6 or
P
P
P
P
P
X
fewer persons
Congregate care facility
C
C
C
C
C
C
Residential care facilities, 6 or fewer
P
P
P
P
persons
P
P
Senior citizen residences, 6 or fewer
P
P
persons, subject to Section 9.60.200
P
P
P
P
Senior group housing, 7 or more
X
X
X
X
C
C
persons, subject to Section 9.60.200
Time share facilities, subject to
C
C
C
C
C
C
Section 9.60.280
Bed and breakfast inns
C
C
C
C
C
C
Open Space and Recreational Uses
Public parks, playfields and open
P
P
P
P
P
P
space
Bicycle, equestrian and hiking trails
P
P
P
P
P
P
Clubhouses and community
P
P
P
P
P
P
pools/cabanas
Unlighted tennis and other game
courts on private property, subject to
A
A
A
A
A
A
Section 9.60.150
Lighted tennis and other game courts
on private property, subject to
M
M
M
C
C
C
Section 9.60.150
Golf courses and country clubs per
P
P
P
P
Section 9.110.040
P
P
Driving range with or without lights
C
C
X
C
C
C
Accessory Uses and Structures
Home occupations, subject to
H
H
H
H
H
H
Section 9.60.110
Patio covers, decks, and gazebos,
A
A
A
A
A
A
subject to Section 9.60.040
Fences and walls, subject to Section
9.60.030
P
P
P
P
P
P
Satellite dishes and other antennas
A
A
A
A
A
A
subject to Section 9.60.080
Swimming pools, spas and cabanas,
subject to Section 9.60.070
A
A
A
A
A
Garages and carports, subject to
Section 9.60.060
A
A
A
A
A
A
Keeping of household pets, subject
to Section 9.60.120
A
A
A
A
A
A
On lots of 1 acre or more, the
noncommercial keeping of hoofed
animals, fowl (except roosters) and
rabbits, subject to Section 9.60.120.
Hoofed animals include horses,
A
A
X
X
X
X
sheep, goats, pot bellied pigs, and
similar. The keeping of horses is
subject to Section 9.140.060 and
limited to one horse per 2.5 acres.
Other accessory uses and structures
which are customarily associated
with and subordinate to the principal
A
A
A
A
A
A
use on the premises and are
consistent with the purpose and
intent of the zoning district.
Agricultural Uses
Tree crop farming; greenhouses
P
X
X
X
X
X
Field crop farming
P
C
X
X
X
X
Produce stands, subject to Section
P
M
X
X
X
X
9.100.100
Temporary Uses
Garage sales
A
A
A
A
A
A
Construction and guard offices,
M
M
M
M
M
M
subject to Section 9.60.210
Use of relocatable building
M
M
M
M
M
M
Model home complexes and sales
M
M
M
M
M
M
offices, subject to Section 9.60.250
Special outdoor events, subject to
M
M
M
M
M
M
Section 9.60.170
Parking of recreational vehicles,
A
A
A
X
X
X
subject to Section 9.60.130
Other Uses
Churches, temples and other places
C
C
C
C
C
C
of worship
Museum or gallery displaying
sculpture, artwork or crafts, including
C
C
C
C
C
C
schools for above, on 20 acres or
more
Community recreational vehicle
X
X
X
P
P
P
storage lots, noncommercial
Communication towers and
equipment (Free-standing, new
C
C
C
C
C
C
towers) subject to Chapter 9.170
Communication towers and
equipment (Co -location, mounted to
M
M
M
M
M
M
existing facility) subject to Chapter
9.170
Utility substations and facilities
M
M
M
M
M
M
Public flood control facilities and
P
P
P
P
P
P
devices
Director or planning
commission to
Other principal, accessory or
determine whether
temporary uses not listed in this table
use is permitted in
accordance with
Section 9.20.040.
9.60.080 Satellite dish and other antennas.
A.Purpose. Satellite dish and other antennas consistent with the design and
location provisions of this section shall be permitted as accessory structures
within any residential district.
B. Permitted Commercial Antennas. Commercial television, radio, microwave,
communication towers, and related facilities are permitted as principal uses in
all districts subject to approval of a conditional use permit and conformance
with the requirements of Chapter 9.170 (
Equip e t Wireless Telecommunication Facilities). Satellite dish and other
antennas are permitted as accessory structures in nonresidential districts in
accordance with Section 9.100.070.
C.Permitted Noncommercial Antennas. Noncommercial privately owned
television and/or radio antennas shall be contained entirely within a building
except for: (1) satellite dish antennas and other antennas which cannot
function when completely enclosed by a building; and (2) amateur radio
antennas used by operators licensed by the Federal Communications
Commission (FCC, pursuant to 47 CFR Section 97). Such permitted outdoor
antennas shall comply with the following design standards and requirements:
1. Number. No more than one satellite dish and one amateur radio
antenna shall be permitted per lot.
2. Height and Diameter. Satellite dish antennas shall not exceed eight
feet in height measured from adjacent grade or finish floor and shall be no
more than eight feet in diameter. Amateur radio antennas shall not exceed
the maximum building height for the district as specified in Section
9.50.030.
3. Ground -Mounted Antennas.
a. Location. All ground -mounted antennas shall be located within
the rear yard or may be located within an interior side yard if not
within the required side yard setback. Such antennas are prohibited
from exterior street side yards unless not visible from the street. All
antennas over six feet in height shall be set back a minimum of ten
feet from all property lines.
b. Screening. Ground -mounted satellite dish antennas shall be
screened from view, including views from adjacent yards, by
landscaping or decorative structures (trellis, arbor, fence, etc.). The
dish antenna shall be a single color that blends with its surroundings
(e.g., off-white, dark green, brown, gray or black).
C. Disguised Antennas. An antenna which has the appearance of
typical backyard furniture or equipment (e.g., satellite dish antenna
manufactured to have the appearance of a patio umbrella) is not
required to comply with the preceding location and screening
standards but shall comply with height and size limits. Such an
antenna may be placed on any patio or deck.
4. Building -Mounted Antennas. Roof -mounted and other building -
mounted antennas are prohibited in all residential districts if over twenty-
four inches in diameter unless completely screened from horizontal view
via a parapet wall or other feature which is integrated into the architecture
of the building. (Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part),
1996)
9.80.040 Table of permitted uses.
A.Uses and Structures Permitted. Table 9-5, Permitted Uses in Nonresidential
Districts, following, specifies those uses and structures which are permitted
within each nonresidential district. The letters in the columns beneath the
district designations mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional use
permit is approved.
4. "W: Permitted if a minor use permit is approved.
5. "T": Permitted as a temporary use only.
6. "V: Prohibited in the district.
7. "S": Permitted under a specific plan.
B. Uses Not Listed in Table. Land uses which are not listed in Table 9-5 are not
permitted unless the planning director or the planning commission determines
that such use is within one of the permitted use categories listed preceeding
(e.g., principal use, conditional use, etc.) in accordance with Section 9.20.040.
Table 9-5 Permitted Uses in Nonresidential Districts
P = Principal use
A = Accessory use
C = Conditional use
permit
Regional
Commercial
Community
Neighborhood
Tourist
Office
Major
Community
Commercial
Park
Commercial
Commercial
Commercial
Commercial
Facilities
M =Minor use permit
T = Temporary use
permit
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Retail Uses
Retail stores under
10,000 sq. ft. floor area
P
A
P
A
A
X
per business
Retail stores', 10,000-
P
C
C
X
X
X
50,000 sq. ft. floor area
Retail stores', over
C
C
F
X
X
X
X
50,000 sq. ft. floor area
Food, liquor and
convenience stores
under 10,000 sq. ft.
P
A
P
A
A
X
floor area, open less
than 18 hours/day2
-r
Food, liquor and
convenience stores
C
X
C
C
C
X
X
under 10,000 sq. ft.
floor area, open 18 or
more hours/day2
Plant nurseries and
garden supply stores,
with no propagation of
plants on the premises,
C
X
C
C
X
X
X
subject to Section
9.100.120 (Outdoor
storage and display)
Showroom/catalog
"
stores, without
P
P
P
X
X
X
X
substantial on -site
inventory
General Services
Barbershops, beauty,
nail and tanning salons
P
A
P
P
P
A
X
and similar uses
Miscellaneous services
such as travel services,
photo developing,
P
A
P
P
P
A
X
videotape rentals, shoe
repair, appliance repair,
and similar uses
Laundromats and dry
cleaners, except central
P
X
P
P
P
X
X
cleaning plants
Printing, blueprinting
P
P
P
P
P
P
X
and copy services
Pet grooming —without
P
X
P
P
P
X
X
overnight boarding
Office and Health
Services
Banks
P
X
P
P
P
P
X
General and professional
P
X
P
P
P
P
C
offices
Medical offices —
physicians, dentists,
optometrists,
P
X
P
P
P
P
X
chiropractors and similar
practitioners
Medical
centers/clinics—four or
P
X
P
C
X
P
X
more offices in one
building
Surgicenters/medical
clinics
P
X
P
C
X
P
X
Hospitals
C
X
X
X
X
X
C
Convalescent hospitals
C
X
C
X
X
X
C
Veterinary clinics/animal
hospitals and pet
C
C
C
C
X
X
X
boarding (indoor only)
Dining, Drinking and
Entertainment Uses
Restaurants, other than
P
A
P
P
P
X
A
drive -through
Restaurants, drive -
through
P
A
P
X
P
X
X
Restaurants, counter
take-out with ancillary
P
P
P
P
P
X
X
seating, such as
yoghurt, ice cream,
pastry shops and similar
Bars, taverns and
C
C
C
X
C
X
X
cocktail lounges
Dancing or live
entertainment as a
C
X
C
X
C
X
X
principal use
Dancing or live
entertainment as an
A
X
C
C
C
X
X
accessory use
Theaters, live or motion
C
X
C
X
C
X
X
picture
Tobacco shops without
onsite smoking, as per
the provisions of the
P
X
C
X
C
X
X
Heath and Sanitation
Code
Cigar lounges, hookah
bars, and similar uses
with onsite smoking, as
C
X
X
X
C
X
X
per the provisions of the
Health and Sanitation
Code
Recreation Uses
Bowling, pool or billiard
centers as a principal
C
X
C
X
C
X
X
use
Pool or billiard tables as
accessory use (3 tables
A
A
A
A
A
A
X
or less)
Game machines, 11 or
more (as either a
C
X
C
C
C
X
X
principal or accessory
use)
Game machines as an
accessory use, 10 or
A
A
A
A
A
A
X
fewer machines
Golf courses and
,
country clubs (see GC
X
A
X
X
C
A
X
district permitted uses,
Chapter 9.120)
Tennis clubs or
C
A
C
X
X
A
C
complexes
Health clubs, martial
arts studios, and dance
M
M
M
M
M
M
A
studios, 5000 sq. ft.
floor area or less
Health clubs, martial
arts studios, and dance
C
C
C
C
C
C
X
studios, over 5000 sq.
ft. floor area
Libraries
P
X
P
C
P
P
P
Museum or gallery
displaying sculpture,
artwork or crafts,
P
P
P
P
P
P
P
including schools for
above
Parks, unlighted
playfields and open
P
P
P
P
P
P
P
space
Lighted playfields
X
X
X
X
X
X
C
Bicycle, equestrian and
P
P
P
P
P
P
P
hiking trails
Indoor pistol or rifle
X
C
X
X
X
X
X
ranges
Miniature golf/recreation
C
X
X-
X
C
X
X
centers
Assembly Uses
Ice skating rinks
C
X
C
X
X
X
C
Lodges, union halls,
social clubs and senior
C
C
C
C
X
X
C
citizen centers
Churches, temples and
C
C
C
C
X
C
X
other places of worship
Mortuaries and funeral
C
C
C
X
X
X
X
homes
Public and Semipublic
Uses
Fire stations
P
P
P
P
X
P
P
Government offices and
police stations
P
P
P
P
P
P
P
Communication towers
and equipment (Free-
standing, new towers)
C
C
C
C
C
C
C
subject to Chapter
9.170
Communication towers
M
M
M
M
M
M
M
and equipment (Co -
location, mounted to
existing facility) subject
to Chapter 9.170
Electrical substations
M
M
M
X
X
X
M
Water wells and
M
M
M
X
X
X
M-
pumping stations
Reservoirs and water
X
X
X
X
X
X
M
tanks
Public flood control
P
P
P
P
P
P
P
facilities and devices
Colleges and universities
C
X
X
X
X
X
C
Vocational schools,
e.g., barber, beauty and
C
C
C
X
X
C
C
similar
Private elementary,
intermediate and high
C
C
C
C
C
C
C
schools
Private swim schools
C
C
C
X
C
X
C
Train, bus and taxi
C
X
C
X
C
X
C
stations
Helicopter pads
X
X
X
X
C
X
C
Public or private kennels
and animal shelters
(with indoor or outdoor
X
C
X
X
X
X
C
pet boarding)
Golf courses and
country clubs (see GC
C
A
C
district permitted uses,
X
C
A
P
Chapter 9.120)
Driving range unlighted
P
A
C
X
P
A
P
Tennis clubs or
complexes
C
'°'
C
X
C
A
C
Health clubs, martial
arts studios, and dance
p
p
p
p
p
p
A
studios, 5000 sq. ft.
floor area or less
Residential, Lodging and
Child Care Uses
Townhome and
multifamily dwelling as
c3
c°
X
X
X
X
X
a primary use
Residential as an
accessory use, e.g.,
C
C
C
C
C
C
C
caretaker residences per
Section 9.100.160
Child day care facilities,
centers and preschools
as a principal use,
C
C
C
C
X
C
C
subject to Section
9.100.250 (also see
Accessory Uses)
Senior group housing,
subject to Section
C
X
X
X
X
X
X
9.100.260
Rooming and boarding
C
X
X
X
X
X
houses
Single room occupancy
(SRO) hotels, subject to
C
X
rX
X
X
X
X
Section 9.100.270
Emergency shelters
P
P
P
P
P
P
Transitional shelters for
homeless persons or
C
X
X
X
X
C
victims of domestic
abuse
Single family residential
S
X
X
X
X
X
X
Mixed -use projects:
residential and
S
X
X
X
X
X
X
office/commercial
RV rental parks and
ownership/membership
C
X
C
X
C
X
X
parks
Resort residential
S
X
C
X
C
X
X
Hotels and motels
C
X
C
X
C
X
X
Timeshare facilities,
subject to Section
C
X
C
X
C
X
X
9.60.290
Caretaker residences
M
M
M
M
M
M
M
Automotive Usess
Golf cart, neighborhood
electric vehicle (NEV),
p
p
p
X
X
X
X
and electric scooter
sales
Automobile service
stations, with or
C
C
C
C
X
X
X
without minimart
Car washes
C
C
C
X
X
X
X
Auto body repair and
painting; transmission
X
C
X
X
X
X
X
repair
Auto repair specialty
C
C
C
X
X
X
X
shops, providing minor
auto maintenance: tire
sales/service, muffler,
brake, lube and tune-up
services —not including
major engine or
drivetrain repair
Auto and motorcycle
C
C
X
X
X
X
X
sales and rentals
Used vehicle sales, not
associated with a new
C
C
X
X
X
X
X
vehicle sales facility, as
per Section 9.100.030
Truck, recreation vehicle
C
C
X
X
X
X
X
and boat sales
Auto parts stores, with
no repair or parts
P
P
P
C
X
X
X
installation on the
premises
Auto or truck storage
yards, not including
X
C
X
X
X
X
X
dismantling
Private parking
lots/garages as a
CFC
C
X
C
C
X
principal use subject to
Chapter 9.150, Parking
Warehousing and Heavy
Commercial Usess
Wholesaling/distribution
centers, with no sales
C
P
X
X
x
X
X
to consumers
General warehouses,
with no sales to
C
P
X
X
X
X
x
consumers
Mini -storage
X
Xs
X
X
X
X
X
warehouses
Lumber yards, outdoor
(see retail stores for
X
C
X
X
X
X
X
indoor lumber sales)
Pest control services
C
C
x
X
X
X
X
Plumbing repair shops
C
P
X
X
X
X
X
Contractor, public utility
and similar
C
C
X
X
X
X
C
equipment/storage yards
Central cleaning or
C
C
C
X
X
X
X
laundry plants
Communication or relay
facilities/antennas as
C
C
C
C
C
C
C
primary use
Industrial and Research
Uses
Indoor manufacture and
assembly of
components or finished
products from materials
such as cloth, fiber, fur,
X
P
X
X
X
X
X
glass, leather, stone,
paper (except milling),
plastics, metal, and
wood
Research and
development
P
P
X
X
X
X
X
Recording studios
P
P
X
X
X
X
X
Bottling plants
X
P
X
X
X
X
X
Sign making, except
P
P
X
X
X
X
X
sandblasting
Sign making, including
X
P
X
X
X
X
X
sandblasting
Recycling centers as a
primary use, collection
X
C
X
X
X
X
C
and sorting only, subject
to Section 9.100.190
Off -site hazardous
waste facilities, subject
X
C
X
X
X
X
X
to Section 9.100.230
Accessory Uses and
Structures
Portable outdoor
vending uses (such as
flower stands, hotdog
M
M
M
M
M
M
M
stands, etc.), subject to
Section 9.100.100
Swimming pools as an
M
M
M
X
A
M
A
accessory use
Golf or tennis facilities
M
M
M
X
A
M
A
as an accessory use
Signs, subject to
A
A
A
A
A
A
A
Chapter 9.160
Fences and walls,
subject to Section
A
A
A
A
A
A
A
9.100.030
Antennas and satellite
dishes, subject to
A
A
A
A
A
A
A
Section 9.100.070
Reverse vending
machines subject to
A
A
A
A
X
X
A
Section 9.100.190
Recycling dropoff bins,
subject to Section
M
A
M
M
X
X
A
9.100.190
Incidental products or
services for employees
or businesses, such as
A
A
A
A
A
A
A
child day care,
cafeterias and business
support uses
Other accessory uses
and structures which
are customarily
associated with and
subordinate to the
principal use on the
A
A
A
A
A
A
A
premises and are
consistent with the
purpose and intent of
the zoning district, as
determined by the
director
Temporary Uses
Christmas tree sales,
subject to Section
T
T
T
T
X
X
T
9.100.080
Halloween pumpkin
T
T
T
T
I X
X
T
sales, subject to Section
9.100.090
Stands selling fresh
produce in season,
T
T
T
T
X
X
T
subject to Section
9.100.100
Sidewalk sales, subject
T
T
T
T
T
T
X
to Section 9.100.130
Temporary outdoor
events, subject to
T
T
T
T
T
T
T
Section 9.100.140
Construction and guard
offices, subject to
T
T
T
T
T
T
T
Section 9.100.170
Use of relocatable
building, subject to
T
T
T
T
T
T
T
Section 9.100.180
Other Uses
Fortunetelling and
C
X
C
X
X
X
X
palmistry
Sexually oriented
businesses, subject to
C
X
X
X
X
X
X
Section 9.1 10.0807
Other uses not listed in
this table: per Section
9.20.040, director of
planning commission to
determine whether use
is permitted
Other than convenience stores. Items sold may include clothing, groceries, meat, drugs, jewelry, sundries,
office supplies, pets, furniture, appliances, hardware, building materials (except lumber yards), and similar
retail items.
z With no consumption of alcohol on the premises.
If part of a mixed -use project per Section 9.80.020 or 9.80.030.
4 Subject to Section 9.30.070 (RH, High Density Residential District) for density, building heights, setbacks, etc.
Affordable housing projects shall be subject to Section 9.60.270.
5 Subject to Section 9.100.120, Outdoor storage and display.
s Mini -storage warehousing operating on December 17, 2008 (the effective date of the ordinance codified in this
section), are considered legal, conforming land uses. Existing facilities may be reconstructed if damaged, and
may be modified or expanded within the boundaries of the lot on which they occur as of December 17, 2008
with approval of a site development permit. Any modification or expansion shall conform to the development
standards for the commercial park zoning district contained in Chapter 9.90, Nonresidential Development
Standards.
7 Property must also be located within the SOB (sexually oriented business) overlay district.
(Ord. 480 § 1, 2010; Ord. 472 § 1, 2009; Ord. 471 § 2, 2009; Ord. 466 § 1, 2009; Ord.
449 § 1, 2007; Ord. 429 § 1, 2006: Ord. 414 § 1 (part), 2005; Ord. 397 § 1 (Exh. A)
(part), 2004; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 307 § 1, 1997; Ord. 299 § 1 (part),
1997; Ord. 284 § 1 (Exh. A) (part), 1996)
9.90.020 Roof projections.
A.Encroachments Permitted. Notwithstanding Figure 9-8 preceding,
architectural features not containing usable floor space, such as chimneys,
towers, gables and spires, are permitted to extend fifteen feet above the
maximum structure height set forth in Table 9-6 following if approved as part
of a site development or other permit. The aggregate floor or "footprint" area
of such architectural features shall encompass no more than ten percent of the
ground floor area of the structure.
B.Antennas. Satellite dish or other antennas shall not extend above the
maximum structure height specified in Table 9-6 (see Chapter 9.170 for
Telecommunication Facilities
regalatmens" and Section 9.100.070, "Satellite dish and other antennas"). (Ord.
325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.100.070 Satellite dish and other antennas.
A.Permits Required. The following antennas are allowed in nonresidential
districts:
1 . Permitted Commercial Antennas. Commercial television, radio,
microwave, communication towers, and related facilities are permitted as
principal uses in all districts subject to approval of a conditional use permit
and conformance with the requirements of Chapter 9.170 (Communiewmen
TeweFS and Equipment Wireless Telecommunication Facilities).
2. Permitted Accessory Antennas Other than Those Described Above.
Roof -mounted antennas screened from a horizontal line of sight and
ground -mounted antennas which do not exceed ten feet in height and
which meet the requirements of subsection B of this section may be
permitted as accessory structures without a minor use permit. All other
antennas shall require approval of a minor use permit.
B. Development Standards. Antennas within nonresidential districts may be
ground -mounted or building -mounted provided the following requirements are
met:
1. Any antenna which is the principal use on a lot shall comply with the
district setback standards for main buildings.
2. A ground -mounted antenna which is an accessory use shall be
located within the rear yard (minimum five-foot from the rear property line)
or may be located within a side yard if not within the required side yard
setback. Ground -mounted antennas are prohibited from exterior (street)
side yards unless not visible from the street.
3. Antennas, including roof -mounted antennas, shall not exceed the
building height standards for the district in which they are located.
4. All accessory antennas shall be screened from both horizontal and
vertical line of sight. Decorative overhead structures such as trellises may
be required if the antenna is visible from surrounding higher buildings or
terrain.
5. Compliance with Section 9.170 of the L.Q.M.C.
(Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996)
9.120.020 Table of permitted uses.
Table 9-8, Permitted Uses in Special Purpose Districts, following,
specifies those uses and structures which are permitted within each special
purpose district. The letters in the columns beneath the district designations
mean the following:
1. "P": Permitted as a principal use within the district.
2. "A": Permitted only if accessory to the principal use on the site.
3. "C": Permitted as a principal or accessory use if a conditional
use permit is approved.
4. "T": Permitted on a temporary basis if a temporary use permit is
approved.
5. "V: Prohibited in the district.
Table 9-8 Permitted Uses in Special Purpose Districts
= Permitted use
= Accessory use
= Conditional use permit
= Temporary use permit
= Prohibited use
District
Parks and
Recreation
Golf
Course
Open
Space
Floodplaln
Hillside
onservation
Overlay
Sexually
Oriented
Business
Overlay
Equestrian
Overlay
Land Use
PR
GC
OS
FP
HC•
SOB*
EOD'
Open Space and Recreational Uses
en space
P
P
P
P
P
P
Public parks, lakes and passive recreation
facilities
P
X
P
P
P
X
"
Playfields, lighted or unlighted
P
X
X
X
X
X
Bicycle, equestrian and hiking trails
P
X
P
P
P
P
••
Libraries and museums
C
X
X
X
C
X
isitor centers
C
X
C
C
C
X
Clubhouses and community pools/cabanas
P
A
X
X
X
X
ennis courts or complexes, public
P
A
X
X
X
X
ennis clubs or complexes, private
C
A
X
X
X
X
`
olf courses and country clubs, including
lubhouses and other customary accessory uses
C
P
X
X
X
X
'•
olf courses without above -ground structures,
including fairways, greens, tees and golf -cart
paths
C
P
X
P
C
X
'
ccessory Uses and Structures
Si ns, subject to Chapter 9.160
A
A
A
A
A
A
'
Fences and walls, subject to Section 9.100.030
A
A
A
A
A
A
Satellite dish and other antennas, subject to
Section 9.100.070
A
A
A
A
A
A
"
emporary Uses
emporary outdoor events, subject to Section
9.100.040
T
T
T
T
T
T
ther Uses
I le-famil residential X X C X C'
X ••
ultifamily residential, commercial (except sexually
rented businesses), office or industrial
evelo ment
X
X
X
X
X
X
•"
xually oriented businesses, subject to Section
.140.050
X
X
X
X
X
C
ommunication towers and equipment (Free-
tandin new towers subject to Chapter 9.170
C
C
C
C
C'
C
ommunication towers and equipment Co -location
M
M
M
M
M
M
ounted to existl facility) subject to Cha ter
9.170
lectrical substations
X
X
M
X
M'
X
ater wells and pumping stations
P
P
P
P
M'
X
ater tanks and reservoirs
X
M
M
X
M'
X
ublic flood control facilities and devices
p
p
P
P
P
P
ther principal, accessory or temporary uses not
fisted above
Director or planning commission to determine whether use is permitted in
accordance with Section 9.20.040.
• Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140.
• • As permitted in the underlying base district and in Section 9.140.060.
' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are me
1 er Section 9.140.040) and a conditional use permit is approved.
(Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996)