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ORD 492ORDINANCE NO. 492 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 9.170 COMMUNICATION TOWERS AND EQUIPMENT, SECTION 9.40.040 TABLE OF PERMITTED USES, SECTION 9.60.080 SATELLITE DISH AND ANTENNAS, SECTION 9.80.040 TABLE OF PERMITTED USES, SECTION 9.90.020 ROOF PROJECTIONS, SECTION 9.100.070 SATELLITE DISH AND OTHER ANTENNAS, AND SECTION 9.120.020 TABLE OF PERMITTED USES WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance that necessitate an amendment to the Zoning Ordinance ("Zoning Ordinance Amendment"); 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 Commission of the City of La Quinta, California, did on the 12`h day of July, 2011, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment proposing to amend 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, and Section 9.120.020 Table of Permitted Uses; and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the Planning Department published a public hearing notice in The Desert Sun newspaper on July 20, 2011, as prescribed by the Municipal Code, advertising the public hearing before the City Council on the Zoning Ordinance Amendment; and WHEREAS, The City Council held a duly noticed public hearing on the 2nd day of August, 2011, and considered the evidence, both written and oral, presented at said hearing; and Ordinance No. 492 Amending Sections of Title 9 of the Municipal Code Re: Communication Towers, Equipment, Satellite Dishes, Antennas, etc. Adopted: September 20, 2011 Page 2 WHEREAS, the City Council has made findings regarding the proposed zoning code amendment, in that the amendment is consistent with the goals, objectives, and policies of the General Plan; and WHEREAS, the proposed zoning code amendment will not create conditions materially detrimental to the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED that thei City Council of the City of La Quinta does ordain as follows: r SECTION 1. Title 9.170 of the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibit "A", Exhibit " B", Exhibit "C", Exhibit "D", Exhibit "E", Exhibit"F", and Exhibit "G"; attached hereto, and incorporated herein by reference. SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is consistent with the La Quints General Plan insofar as it complies with the goals, objectives, and policies set forth in that document; and that the proposed zoning code amendment will not create conditions materially detrimental to the public health, safety and general welfare. SECTION 3. ENVIRONMENTAL. The Planning Director has determined 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 (13)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and is any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operations to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. Ordinance No. 492 Amending Sections of Title 9 of the Municipal Code Re: Communication Towers, Equipment, Satellite Dishes, Antennas, etc. Adopted: September 20, 2011 Page 3 SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 7. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance; and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 20`h day of September 2011, by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None City of La 06inta (CITY SEAL) ECINO, City Clerk California APPROVED AS TO FORM: Attorney City of La Quints; California 4&r � DON ADO PH, Mh4r City of La uinta, California Ordinance No. 492 Amending Sections of Title 9 of the Municipal Code Re: Communication Towers, Equipment, Satellite Dishes, Antennas, etc. Adopted: September 20, 2011 Page 4 STATE OF CALIFORNIA ► COUNTY OF RIVERSIDE ► ss. CITY OF LA QUINTA ► I, VERONICA MONTECINO, City Clerk of the City of La Quints, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 492 which was introduced at a regular meeting on the 2nd day of August, 2011, and was adopted at a regular meeting held on the 20th day of September, 2011, not being less than five days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in City Council Resolution No. 2006-115. VERONICA J MNTECINO, CMC, City Clerk City of La Winta, California . DECLARATION OF POSTING I, VERONICA MONTECINO, City Clerk of the City of La Quinta, California; do . hereby certify that the foregoing ordinance was posted on Septemt5er'2j.," 2011, pursuant to ouncil Resolution. ERONICA J.V& NTECINO, CMC, City Clerk = City of La 06inta, California EXHIBIT A 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 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 r FeseR4 tons WeFd "shall" is always mandatary and Rat memly dAF8GtGFY. The WGFd- 1. "€ffeetiue radiated , FFaEliatea paweF (PoP eF EIRP)" meaRs �o A. "Antenna" - any system of wires, poles. rods. Danels. reflectina discs or 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. location of their facilities. D. "Existing facilities" - an existing structure located in the public right -of way E. F. G. a Permit. "FAA" - Federal Aviation Administration 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" - n three nr ...,.re .shwa _._.._...__ appurtenances. O. "Monopole" - a single pole structure designed and erected to support wireless telecommunication antennas and connecting appurtenances P. 'Roof -mounted" - en nnto.,.s ,lirn_ti., .. L_a — .L_ ___. tower. O. "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, desigmand.the effects ofwind 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 --•---••••••.•• ........, ,oeulaY wrnwi masK or Diana the proposed tacility 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 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 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 (I) 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. B. Gea}Faer) GaFF4BFrf F. Fixed - G. Lew weF television.- H. AM Fadi ; I. Spseiali4ed mobile d;e: 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. 9.170.050 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 emeraencv mprurni cpn,{cno ..,,h.A,..- 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 �e- Existing en -site vegetation shall b8 ex4ent PFOserved tO the FRaMmum hedge,al least five feet in height be w'th;R twq VBaFS Bf PlaRtiFig Shall withiR twen4v b"ndred feet tall fiye feet ef the site beundaFy must be planted. than -wMin fOFty feet ef the site boundafy ieF toweF a mere listed above may he ueed ii the they� GilY-fi9ds that stability,cOntwRu9us 0 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 design(s) 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 9.170.0608 7 apply. 3. Towers shall not be located within primary image corridors as designated in the General Plan. 4. If a telecommunication tnwer is inpata,i t., �.. s a,. r:... 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 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 (26) 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.G.M.C. 2. Equipment shall not be visible to surrounding properties I-01 3. mounted equipment shall not appear as "add -on" elements to the existing building. 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 ....,._ ._ ._ 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 rPvlP.wPrl nn pror`osal'for akhearing with the Planning Commission In all cases unless otherwise 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 location, including before and after visualizations D. RF mans chnwinn nil coverage without the proposed site predicted coverage with the proposed site and existin sites and the redacted coverage of only the Proposed site. RP mans ch.ii k—, E. The applicant shall provide a project information and justification letter. The letter shall 12rovide the Project location, contact information, a pro&ect description and project objectives alternative site analysis and justification for why the nrnnnaari mite -. I. - 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. I. The applicant shall provide a draft copy of the lease agreement between the 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. .zr. ... 111111111111111 Jill, 9.170.080 OPERATIONS AND MAINTENANCE 9 B. No wireless telecommunication facility or combination of facilities shall Immediate cessIGOUIL III LII ation of operation of the wireless telecommunication facility. L 19 E. Each telecommunication facility will be subject to a ten 110) year review by the Planning Commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are 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 IT upon any wireless telecommunication facility or appurture thereto Fences walls, and other landscape materials shall be installed to prevent unauthorized rpersons from accessing and/or climbing a wireless 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 anv wireless telecommunication facilitv: facility is consistent with the goals objectives and policies of the general plan; safety and general welfare; 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. EXHIBIT B 9.40.040 Table of permitted uses. Table 9- l : Permitted Uses in Residential Districts, following, specifies those areas and structures which ate 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. " f% 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 aft permit H= Home occupation permit _. Specific plan required Medium - Low Medium High High Very Low Density mostly Cove Density Density Density X -Prohibited use Residential Residential Residential Residential Reaidentisl Resideadal Land Use RVL RL RC I RM RMH RH Residential Uses - Single-family detached dwellings P P P P P S Single-family detached patio homes (i.e., "zero lot -line") S S S S P S 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 its own lot) S S X S p p Townhome dwellings (two or more units per building with each unit on its own lot). S S X S P p Condominium multifamily (airspace' units) S S X S P p Apartment multifamily (rental units). X X X P P p Mobilehome parks 1C C C C C Mobilehome subdivisions and manufactured homes on individual lots, subject to Section P P P p P X 9.60.180 Resort residential subject to Section C C X C C C 9.60.320 Guesthouses, subject to Section 9.60.100 A A A A A A Second residential units subject to Section A A A A A A 9.60.090 Group Living and Care Uses Child day care facilities as an accessory use, serving 8 or fewer children, subject to A A A A A X Section 9.60.190 Child day care facilities as an accessory use, serving 9-14 children, subject to Section M M M M M_ X 9.60.190 _ Congregate living facilities, 6 or fewer P P p p P X persons Congregate care facility C C C C C C Residential care facilities, 6 or fewer p P p p P p persons Senior citizen residences, 6 or fewer p p P P P P persons, subject to Section 9.60.200 Senior group hawing, 7 or more persons, X X X X C C subject to Section 9.60.200 Time share facilities, subject to Section C C C C C C 9.60.280 Bed and breakfast inns, C C C C C C Open Space and Recreational Um Public parks, playfields and open space P P - P P P p Bicycle, equestrian and hiking trails P P- P P P P Clubhouses and community pools/cabanas P P P P P P Table 9-1 Permitted Uses in Residential Districts (Cont.) P—Principal use A = Accessory use C= Conditional use permit M= Minor use permit - H=Home occupation permit S = Specific plan required Low Me dium Med um- High High- High Very Low Density Density Cove Density Density - Density X= Prohibited use Residential IResidential Residential Residcattal Residential Residential Land Use RVL RL RC RM RMH RH Open Space and Recreational Uses - (Cant.) Unlighted terms and other game courts on A ._ A A A A A private property, subject to Section 9.60.150 Lighted tennis and other game courts on M M M C C . - C private property, subject to Section 9.60.150 Golf courses and country clubs per Section P P P P P P 9.110.040 Driving range with or without lights C C X C C C Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.110 Patio covers, decks, and gaaebm, subject to Section 9.60.040 A A A A A A Fences and walls, subject to Section 9.60.030 p P P P P P Satellite dishes and other antennas subject to - Section 9.60,080 A A A A A A Swimming pools, spas and cabana% subject to Section 9.60.070 A A A A A A Garages and omports, 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 I acre or more, the - noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed animals include horses, sheep, goats, pot bellied pigs, said A A X X X X 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 use on the -A A A A A A remises 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 9.100.1001 P M X X X X Temporary Uses sales satrales A A A A AFAGar and guard offices, subject to Section9.60.210 - M M M M M Use of relocatable building M M M M M M Table 9-1 Permitted Uses In Residential Districts (Gout.) - P= Principal use - A = Accessory use C= Conditional use permit M - Minor use permit H — Home occupation permit S= Specific plan required - Medium - Low . Medium High High Very Low Density Density Cove Density Density Density Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Temporary Uses (Cont.) Moan del home complexes d sales offices, - 'M subject to Section 9.60150 - M M M M M Special outdoor events, subject to Section 9.60.170 - M M M M M M arking of recreational vehides, subject to - Section 9.60.130 A A A X X X Other Uses Churches, temples and other places of worship C C C C C C Museum or gallery displaying sculpture, artwork or crafts, including schools for C C C C C C above, on 20 acres or more Community recreational vehicle storage lots, X X X P P P noncommercial Communication towers and equipment (FreeEfatidmg, new towers) subject to C C C C C C Chapter 9.170 CoInatiu mcabogmwers and equip* ((A= Idcarlou, fiounteSl to existingfacility) M M M M Ivf M subjer3 to diapter070, Utility substations and facilities M M M M M M Public flood control facilities and devices P P P P P P Director or planning Other principal, accessory or temporary uses commission to determine is in not listed in this table whether use permitted accordance with Section 9.20,040. (Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1 (part), 2005; Ord. 394 § 2 (Each. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Each. A) (part), 1996) EXHIBIT C 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 (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: I. 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 § i (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) EXHIBIT D 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 principabuse 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. "M": 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 Major permit - Regional Commercial Community Neighborhood Tourist Office 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 per P A P P A A X business Retail stores', 10,000— P C C C X X X 50,000 sq. ft floor area Retail stores, over 50,000 C C C X X X X sq. ft. floor area Food, liquor and convenience stores order P A P P A A X 10,000 sq. ft. floor area, . open less than 18 hours/day' Food, liquor and C X C C C X X Convenience stores under 10,000 sq. ft. floor area, open 18 or more hours/dW Plant nurseries and garden supply stores, with no Propagation of plants on the C X Premises, subject to Section C C X X X 9.100.120 (Outdoor storage and display) Showroom/catalog stores, without substantial on -site P P P X X X X inventory General Services Barbershops, beauty; unit - and tanning salons and P A + P P. P A X similar uses Miscellaneous services such as travel services, photo developing, videompe rentals, shoe repair, p A P P P A X appliance repair, and similar uses Laundromats and dry cleaners, except cement P X P P P X X cleaning plants Printing, blueprinting and P copy services P P P P P X Pet grooming —without overnight boarding p X P P P X X Table 9-5 Permitted Uses in Nonresidential Districts (Cont.) P = Ptindpal use _ A=Accessary use C = Conditional use permit Regional Commercial Community Neighborhood Tourist ORice Major Commercial Park Commercial Commercial Commercial Commercial Community M — Minor use permit - Facilities T=Temporary on permit X— Prohibited use Land Use - CR CP CC CN CT CO MC Office and Health Services Banks P X P P P P X General and professional offices P X P P P P C Medical offices — physicians, demists, optometrists, chiropractors P X P P P P X and similar practitioners centers/climes-- �':l more offices in one P X P C X PX nters/medical clinics P X P C X P X pMadicalmters/climes— ls C X X X X X C scent hospitals C X C X _ X X C ry clinics/animals and pet boarding C C C C X XXonly) Dialog, Drialdng and Entertainment Uses - Restaurants,otherthan P A p P P )( A drive -through Restaurants, drive -through P A P X P X X Restaurants, counter take- out with ancillary seating, P P P P P X x such as yoghurt, ice cream, - pastry shops and similm Bus, taverns and cocktail C C C X C X X lounges Dancing or live entertainment as a principal C X C X C X X 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 P X C X C X X provisions of the Heath and Sanitation Code Cigar lounges, hookah bars, and similar uses with onsite smoking, as per the C X X X C X X provisions of the Health and Sanitation Code Recreation Uses Bowling, pool or billiard C X C X C X X centers as a principal use Pool or billiard tables as accessory use (3 tables or A A A A A A X less) Game machines, I I or more (as either a principal or, C X C C C X X accessory use) Game machines as an accessory use, 10 or fewer A A A A A A X machines Golf courses and country clubs (sce GC district X A X X C A X permitted uses, Chapter 9.120) Table 9-5 Permitted Uses in Nonresidential Districts (Cout.) P = Principal use A = Accessory use C = Conditional use Major permit Regional Commercial Community Neighborhood Tourist ORiee Community Commercial Park Commercial Commercial Commercial Commercial Facilities M = Minor use permit T= Temporary use permit X = Prohibited use Land Use I CR - CP I CC I CN CT CO MC Recreation Uses (Cont) Tennis clubs or complexes C A C X X A C Health clubs, martial arts M M M M M M A studios, and dance studios, 5000 sq. 1 flour area w less Health clubs, martial arts studios, and dance studios, C C C C C C X over 5000 sq. EL floor area Libraries P X -P d P P P Museum or gallery displaying sculpture, artwork or wafts, including p P P P P P P schools for above Parks, unlighted playfields P and open space P P P P P P Lighted playflelds X X X X X X C Bicycle, equestrian and hiking trails. p p P P P - P P Indoor pistol or rifle ranges X C X' X X X X Miniature golffrecreation centers C X- X X C X X Assembly Uaes Ice skating rinks C X C X X X C Lodges, anion halls, social clubs and senior citizen C C C C X X C centers Churches, temples and other C places of worship C C C X C X Mortuaries and funeral homes C C C X X X X Public and Semipublic Uses Fire stationsT P P P P X P P Government oP police stationsCommunicatioequrPment(kJ P P P P p p ae}wtoweissuChapter - C C . C C C C 9.170 oamtpnieahnequipment(Co mono ted'to'04sting fitc5lty) M !lf di M M to,Chal`xeti(7?ft) EMU Electrical substations M M M X X X " M Water wells and pumping stations M M M X - X X M Reservoirs and water tanks X X X X X X M Public flood control facilities and devices P P P. P P P P Colleges and universities C X X X X X C Vocational schools, a g., barber, beauty and similar C C C X X C C Private elementary, intermediate and high " C C C C C C C schools Private swim schools C C C X C X C Tram. sbus and taxi stations C X C X C .X C Helicopter pads X_ X X X - C X C public m private kennels and animal shelters (with indoororoutdoorpel X C X - X X X C boarding) Table 9-5 Permitted Uses In Nonresidential Districts (Coat) P=Priodpelax Regions! 16mmercial Community Neighborhood Tourist Office MaJor Commercial Park Commerelal Commercial Commercial Commercial Commuaiy A=Accessary use Facilities C = Conditional use permit M=Minor use permit T= Temporary use permit X— Prohibited use Land Use CR CP CC Crq CT CO MC Public and Semipublic Uses (Cont.) Golf courses and country clubs (see OC district C A C X C A P permitted uses, Chapter 9.120) Driving range unlighted P A C X P A P Tennis clubs or complexes C A C X C A C Health clubs, martial arts studios, and dance studios, P P P P P P A 5000 sq. ft. floor area or less Residential, Lodging and. Child Care Uses Townhome and multifamily 0 Cs X X X X X dwelling as a primary use Residential as an accessory use, e.g., caretaker C C C C C C C residences per Section 9.100.160 Child day care facilities, centers and preschools as a principal use, subject to C C C C X C C Section 9.100.250 (also we - Accessory Uses) Senior group housing, C X X X X X X subject to Section 9.100.260 Rooming and boarding C X X X X X X houses Single room occupancy (SRO) hotels, subject to C X X X X X X Section 9.100.270 Emergency shelters P P P P P P P Transitional sbelters for homeless persons orvictim C X X X X X C 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 padrs Resort residential S X C X C X X Hotels and motels C X C X C X X Timeshare facilities, subject C X C X C X X to Section 9.60.290 Caretaker residences .M M M M M M M Automotive Uses' Golfcait, neighborhood P P P X X X X elearic vehicle (IJEV), end electric scooter sales Automobile service stations, C with or without minimart C C C X X X I Carwashes C C C X X X X Auto body repair and X C X X painting; transmission repair X X X Table 9-5Permitted Uses in Nonresidential Districts (Coot) P=Principal use - - - A=Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Commercial Park Commercial Commercial Commercial Commercial Community M = Minor use permit Facilities T—Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Automotive Usee(Cont) Auto repair specialty shops, providing minor aura maintenance: tire Wc'JseMee' muffler, brake, tube and tune-up C C C X - X X X services —not including major engine or drivetrain repair Auto and motorcycle sales C and rentals C X X X X X Used vehicle sales, not w assmnated with a new C C X vehicle sales facility, as per X - X X X Section 9.100.030 'frock, recreation vehicle C and boat sales C X X X, X X Auto parts stores, with ao repair or parts installation P P P C X X X on the premises Auto or truck storage yards, X not including dismantling C X X X X X Private parking lots/garages — as a principal use subject m C C C X C C X Chapter 9.150, Parking Warehousing and Heavy Commercial Uses' Wholesaling/distribution - - with no sales m C P X X X X X Vcs, mers al warehouses, with es to consumers C X Mini -storage warehouses „X.. X` X X X X X Lumber yards, outdoor (see retail stores for indoor X C X X X X X 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 laundry C C C X X X X plants Communication or relay facilitjeslintennas as C C C C C C C primary use Industrial and Research Uses Indoor manufacture and assembly of components or - finishedproductsfrom materials such as cloth, X P X X X X X fiber, fur, glass, leather, stone, paper (except milling), plastics, metal, and wood Research and development P P X X . X X X Recording studios P I P X X X X X Bottling plants X P X X X X X Table 9-5 Permitted Uses in Nonresidential Districts (Cont.) P=Principal use A=Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Once 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 Industrial and Research Uses (Coat.) 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 and X C X X X X C sorting only, subject to - - Section 9.100.190 Off -site hazardous waste facilities, subject to Section X C - X X - X X. X 9.100.230 Accessory Uses and Structures Portable outdoor vending uses (such as flower stands, M M M M M M M hotting 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 as M M M X A M A an accessory use Signs, subject to Chapter A A A A A A A 9.160 Fences and walls, subject to A A A A A A A Section 9.100.030 Antennas and satellite I A I A A A A - A A dishes, subject to Section 9.100.070 Reverse vending machines A A subject to Section 9.100.190 A A X X A Recycling dropolfbins, M A M M X X A subject to Section 9.100.190 Incidental products or services for employees or businesses, such as child A A A A A A A day care, cafeteria and business support uses Othm 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 9.100.080 T T T T X X T Halloween pumpkin sales, T T subject to Section 9.100.090 T T X X T Stands selling fresh produce in season, subject to Section T T T T X X- T 9.100.100 Sidewalk sales, subject to - Section 9.100.130 T T T T T T X Table 9-5 Permitted Uses in Nonresidential Districts (Cont) P = Principal use A —Accessory use C = Conditional use permit Regional Commercial Community Neighborhood Tourist Office Major Commercial Park Commercial Commercial Commercial Commercial Community M = Minor use permit Facilities T — Temporary use permit - X = Prohibited use Land Use _ CR CP CC CN CC CO MC Temporary Uses (Cont) Temporary outdoor events, subject to Section 9.100. 140 T T T T T T T Construction and guard - offices, subject to Section T T T T T T T 9A00.170 Use ofrelocatable building, subject to Section 9. 100.18o T T T T .T T T. Other Uses Forlunetelling and palmistry C X C- X X X X Sexually oriented businesses, subject to C X X X X X X Section 9. 110.08d Other uses not listed in this table: per Section 9.20.040, director of planning commission to determine whether use is permitted Notes r 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. 1 With no consumption of alcohol on the premises. 3 If part of a mixed -use project per Section 9.80.020 or 9,80.030. e 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. Subject to Section 9.100.120, Outdoor storage and display. 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 [hey 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 § I (part), 2005; Ord. 397 § I (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) EXHIBIT E 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 fegalatieas'and Section 9.100.070, "Satellite dish and other antennas"). (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) EXHIBIT F 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 (Gommunieatien ToweFs 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) EXHIBIT G 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. "X": Prohibited in the district. Table 9-S 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 Floodplain Hillside Conservator Overlay Se[uolly Oriented Business Overby Equestrism Overlay Land Use PR GC Os F'P HC• SOB* EOD* Open Spa" and Reereational Uses space - P P P p P P «+ blic arks, lakes and Vassive recreation facilities P X P - p - p X «+ layfields, lighted or unlighted . P X X X X X i e[e, ues[nan end hildn veils P X P P P P •* ibrmies and museums C X X X C X •* isitor centers C X C C C X >+ lubhouses and commuo ols/cabailas P A X X X X •• eMis courts or comploscs, public. p A, X X X X ** ennis clubs or complexes. private Ifeourses and country clubs, including clubhouses and ther customary accessocy uses C C A P X X X X X X X X •* ** If courses without above-groundstmctwes.duding airways, reens tees and If -can paths C P -X P C X •* aesscry Uses and Stmchaes i s subject toC tw 9.160 - A A A A A A •• ences and wails, subject to Section 9.100.030 atellite dish and other antennas, subject to section .100.070. p A p A p A q. A A A - q A *> •• Uses su!yWt to Section 9, 100.040T NEU gtg T T T in c-famil residential X X C X ** Table 9.8 Permit tttd Uses in Special Purpose Districts (Continued) =Permitted use - = Accessory use = Conditional use permit - District =Temporary use permit = Prohibited use Parks and Golf Open Floodplain Hillside Sexually Equest as Recreation Course Space Conservation Oriented Overlay Overlay Business Overla ' Land Use PR GC OS FP KC. SOB- EOD• ultifamily residential, commercial (except sexually X X X X X- X *• riented businesses), office or industrial development 'exuall oriented businesses, au6ectio Section 9440.050 X - X X X X C *• ommunication towers and equipment (F[ee-st4ridmg,:ucw C C C C C .0 VWbi$ Subject to Chapter 9.170 ommunication lowers sad egmpfient (Co-local(c M M M M M M •' Domed to exastfiti.fae4ity'sub ect u CA ter9.170'- Electrical substations X X M X M X •* Water wells and purnping stations P P P P M X '• Water tanks and reservoirs X M M X M' X •• Public flood control facilities and devices P P P P I P P •* Other principal, accessory or temporary uses not listed Director orplanning commission to determine whether use is permitted in accordance above - - wwith Section 920.040. Uses sm 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 we met (per Section . 140.040) and a conditional use permit is approved. ' (Ord. 299 § 1 (part), 1997; Ord- 284 § 1 (Exh. A) (part), 1996)