Chapter 18.58 - Standards for Specific Land Uses

Sections:

18.58.010 - Purpose of Chapter
18.58.020 - Applicability
18.58.030 - Accessory Retail Uses
18.58.040 - Accessory Uses — General Standards
18.58.050 - Adult Entertainment Establishments
18.58.060 - Animal Raising and Keeping
18.58.070 - Bed and Breakfast Inns
18.58.080 - Child Day Care Facilities
18.58.090 - Churches and Fraternal Organizations
18.58.100 - Detached Living Areas
18.58.110 - Drive-In and Drive-Through Facilities
18.58.114 - Electrical Utility Facilities
18.58.120 - Home Occupations

Sections 18.58.130 to 18.58.250

18.58.010 - Purpose of Chapter

This Chapter provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses) in individual or multiple zoning districts (e.g., in residential, commercial, and manufacturing districts, and in residential and commercial, and/or in commercial and manufacturing districts).

18.58.020 - Applicability

Land uses and activities covered by this Chapter shall comply with the provisions of the Sections applicable to the specific use, in addition to all other applicable provisions of this Development Code.

18.58.030 - Accessory Retail Uses

This Section establishes standards for the development and operation of retail sales and service establishments within/in conjunction with and accessory to a main commercial and/or manufacturing use where authorized by Article II (Zoning Districts and Allowable Land Uses). For example, these accessory uses include restaurants and pharmacies within hospitals, etc., and the sale of retail merchandise.

A. General standard. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the parcel (e.g., no signs, windows with merchandise visible from adjoining public rights-of-way, etc.), nor access to any space used for the accessory retail use other than from within the main structure.

B. Commercial and manufacturing zoning districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hospitals, and other medical facilities and pharmacies. Accessory restaurants, retail sales, and other services are allowed in the manufacturing zoning district to serve the needs of the employees.

C. Residential and special purpose zoning districts. Membership organizations, social, or recreational establishments may engage in retail sales for guests only.

D. Review and approval required. Accessory retail uses shall be subject to land use permit approval in compliance with Chapter 18.12 (Commercial and Manufacturing Zoning Districts). In order to approve an accessory retail use, the Director shall find that there will be no harm to adjoining existing or potential residential development due to excessive noise, traffic, or other adverse effects generated by the accessory use.

18.58.040 - Accessory Uses — General Standards

This Section establishes standards defining the relationship between a main use and an accessory use on the same site, where the accessory use is a common feature of the main use, but would not be allowed by the applicable zoning district as a main use on the same site. For example, a coffee shop in a CG (General Commercial) zoning district may include minor coffee bean roasting as part of its operations as an accessory use in compliance with this Section, but coffee roasting as a main use would be allowed as a main use only in the M (Manufacturing/Industrial) district.

A. Allowable accessory uses. Accessory uses are allowed in conjunction with a main use as follows.

1. Accessory retail sales. Accessory retail sales are allowed in compliance with Section 18.58.030 (Accessory Retail Uses), above.

2. Residential accessory uses. Residential accessory uses are allowed in compliance with Section 18.58.220 (Residential Accessory Uses and Structures).

3. All other accessory uses. The Director shall determine whether any proposed accessory use not otherwise listed in this Section is:

a. Customarily related to and commonly found with the proposed main use, and is therefore allowable subject to the same land use permit as the main use; or

b. Not customarily related to and commonly found with the proposed main use, and is therefore prohibited.

B. Timing of accessory use. An accessory use shall only be established at the same time as a main use, or after a main use has been established.

C. Maximum area of accessory use. An accessory use determined by the Director to be allowable in compliance with this Section shall not exceed 25 percent of the floor area devoted to the main use.

18.58.050 - Adult Entertainment Establishments

This Section establishes standards for the location, construction, and operation of adult entertainment establishments.

A. Applicability. Adult entertainment establishments allowable only in the M zoning district, with a Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits), shall be located, constructed, and operated as provided by this Section.

B. Site requirements.

1. Location.

a. Separation requirements. It is unlawful to cause or permit the establishment of an adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, or sexual encounter establishment within 1,000 feet of another similar establishment or within 1,000 feet of any religious institution, school, or public park, or within 1,000 feet of any property designated for residential use or used for residential purposes.

b. Measurement of distances.

(1) The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each establishment.

(2) The distance between any adult entertainment establishment and any property designated for residential use or used for residential, religious institution, school, or public park purposes shall be measured in a straight line, without regard to intervening structures, from the closest property line of the adult entertainment establishment to the closest property line of the property designated for residential use or used for residential, religious institution, school, or public park purposes.

2. Landscaping. Landscaping shall comply with Chapter 18.40 (Landscape Standards), except that if the adult entertainment establishment is the only use on a parcel, the planting shall not exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

3. Lighting. The entire exterior ground, including the parking lot, shall be provided with lighting which is energy efficient, stationary, and directed away from adjoining properties and public rights-of-way, in compliance with Section 18.30.060 (Exterior Lighting).

4. Signs. On-site signs shall comply with Chapter 18.54 (Signs).

C. Interior design requirements.

1. Screening. Permanent barriers shall be installed and maintained to screen the interior of the premises from public view for each door used as an entrance/exit to the adult entertainment establishment.

2. Facilities for live entertainment. The following standards shall apply to adult entertainment establishments that provide live entertainment depicting "specified anatomical areas" or involving "specified sexual activities":

a. There shall be no live entertainment performances, for patrons of an adult entertainment establishment, except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons. Patrons shall not be allowed within six feet of the stage while the stage is occupied by an entertainer/performer;

b. The adult entertainment establishment shall provide separate dressing room facilities and entrances/exits to the premises which are exclusively dedicated to the entertainers' use; and

c. The adult entertainment establishment shall provide permanent access for entertainers between the stage and the dressing room facilities which is completely separated from the patrons.

(1) If the separate access is not physically feasible, the adult establishment shall provide a minimum three foot wide walk aisle for entertainers between the dressing room facilities and the stage, with a permanent railing, fence, or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between the entertainers and patrons.

(2) Fixed rail(s) at least 30 inches in height shall be installed and permanently maintained establishing the required separations between the entertainers and patrons.

3. Arcade viewing area.

a. It is unlawful to maintain, operate, or manage or permit to be maintained, operated, or managed any adult arcade in which the viewing areas are not visible from a continuous main aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this Subsection, "viewing area" means the area where a patron or customer would ordinarily be positioned while watching the film, performance, picture, or show.

b. It is unlawful for more than one person at a time to occupy any individually partitioned viewing area or booth.

c. It is unlawful to create, maintain, or permit to be maintained any holes or other openings between any two booths or individual viewing areas for the purpose of providing viewing or physical access between the booth or individual viewing area.

D. Operational requirements.

1. Employee(s) required. It shall be the duty of the owner(s) to ensure that at least one employee is on duty at all times that any patron is present inside the premises.

2. Hours of operation. The adult entertainment establishment shall not operate or be open between the hours of 2:00 a.m. and 7:00 a.m.

3. Security guard(s).

a. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the establishment is open. If the occupancy limit of the premises is greater than 50 persons, a second security guard shall be on duty inside the premises.

b. The security guard(s) shall be charged with preventing violations of law and enforcing compliance by patrons with the requirements of this Section, and notifying the Police Department and Code Enforcement Director of any violations of law observed.

c. Security guards, required by this Section, shall be uniformed so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard in compliance with local and/or State law.

d. Security guards, required by this Section, shall not act as a doorperson, ticket seller, ticker taker, or admittance person while acting as a security guard in compliance with this Section.

E. Minors and intoxicated persons excluded. It shall be a misdemeanor for any person under the age of 18 years, or obviously intoxicated person, to enter or remain on the premises of an adult entertainment establishment at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the adult entertainment establishment.

18.58.060 - Animal Raising and Keeping

A. Applicability. The standards of this Section shall apply to the raising and keeping of:

1. Household pets — Includes cats, canaries, dogs, parrots, and other varieties of birds and animals, ordinarily kept as household pets;

2. Exotic or wild animals — Includes foxes, monkeys, raccoons, snakes, etc;

3. Fowl and other small animals and birds — Includes chickens, ducks, geese, pigeons, turkeys, and other fowl, and chinchillas, guinea pigs, hamsters, and all types of similar rodents; and

4. Livestock and other large animals — Includes cows, donkeys, goats, horses, mules or ponies, ostriches, sheep, steers, and swine.

B. Maximum number of animals. Table 3-14 identifies the maximum number of animals allowed on a single residential parcel or dwelling unit.

TABLE 3-14

MAXIMUM ALLOWABLE ANIMALS

Type of Animal	Maximum Number/ Minimum Site Area	Special Standards
Household pets	Shall not exceed four dogs and/or four cats, over four months of age, per single family residential parcel and shall not exceed two dogs and/or two cats, over four months of age, per multi-family residential unit	Allowed in all dwelling units (1)
Exotic or wild animals	Subject to Minor Use Permit	Keeping of exotic or wild animals that require a permit from the Department of Fish Game may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76.
Livestock, other large animals, fowl and other small animals and birds (2)	Minimum site area shall equal 0.5 acres for each animal unit (3, 4)	A maximum of 10 animal units, subject to the standards identified in Section 18.58.060.C (Animal raising and keeping standards), below (5)

Notes:

(1) The keeping of more than the maximum number of household pets may be permissible in the RR, RC, and REC zoning districts subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76.

(2) The keeping of livestock, other large animals, fowl and other non-household pet small animals and birds is allowed only in the RR, OS, RC, and REC zoning districts.

(3) A property owner shall have the full site area increment to receive the animal allotment; 0.5 acres for the first animal, and 1.4 acres is allowed only two animal units (not three). The keeping of one livestock or other large animal or 10 fowl or other small animal or bird on a parcel not meeting the minimum site area (0.5 acres) may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76.

(4) An animal unit is equal to one livestock or other large animal or 10 fowl or other small animal or bird.

(5) The keeping of more than 10 animal units may be permissible subject to the issuance of a Minor Use Permit, in compliance with Chapter 18.76. The parcel shall meet the minimum site area requirements for the number of animal units to be kept on the parcel. For example, a parcel with an approved Minor Use Permit to keep 15 animal units shall have a minimum site area of 7.5 acres (0.5 acres per animal unit).

C. Animal raising and keeping standards. This requirements of this Subsection shall apply to the raising and keeping of allowable animals, except for household pets and exotic or wild animals.

1. Site slope requirements. Animals shall not be allowed on slopes exceeding 30 percent.

2. Erosion and drainage control plan required. An erosion and drainage control plan shall be submitted and approved by the Town Engineer for the raising and keeping of animals on parcels over 20 percent in slope. The plan shall propose operational/management measures to prevent grazing to bare soil, and physical measures to prevent sediment transport from the site into waterways, streets, or onto adjoining properties;

3. Existing uses conforming. Any residential property where animals are legally kept as of the effective date of this Development Code shall be deemed to be conforming. Any expansion of use shall be subject to the provisions of this Section;

4. Location requirements.

a. Animal setbacks from RS and RM districts. Animals shall not be located closer than 10 feet to all property lines adjacent to properties in the RS or RM zoning districts.

b. Fencing. Corral areas for the containment of the animals shall be located at least 10 feet from all property lines adjacent to properties in the RS or RM zoning districts.

c. Barns or stables. Barns or stables shall be located at least 30 feet from all property lines on parcels three acres or larger in size and 10 feet from all property lines on parcels less than three acres in size. On parcels less than one acre, side setbacks may be reduced to 10 percent of the width of the parcel, to a minimum of 10 feet, provided that the barn or stable is located no closer than 30 feet to any dwelling(s) on an adjoining parcel

5. Site maintenance and animal care. The site shall be maintained and all animals shall be cared for in a manner that does not create a public health problem, or interfere with the public welfare of surrounding properties; and

6. Water supply. An adequate supply of fresh water shall be available to the animals at all times, subject to the approval of the Nevada County Health Officer.

18.58.070 - Bed and Breakfast Inns

This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs). The intent of these provisions is to ensure that compatibility between the B&B and any adjoining residential zoning districts/uses is maintained and enhanced.

A. Applicability. Bed and Breakfast Inns (B&Bs) are allowed in the RR, RS, DRS, RM, DRM, DRH, DMU, CN, and CH zoning districts with Minor Use Permit approval, in compliance with Chapter 18.76, and in the CG and DC zoning districts with Zoning Clearance, in compliance with Chapter 18.72.

B. Exterior appearance. The exterior appearance of the structure housing the B&B in a residential zoning district shall not be altered from its original single-family character except for a sign as allowed by Subsection I., below and those structural modifications necessary to comply with the requirements of Title 24 of the California Building Code of Regulations.

C. Fire safety. The B&B shall meet the requirements of the Truckee Fire Protection District.

D. Guest rooms. The availability of guest rooms are limited to a maximum of three rooms in the RR, RS, and DRS zoning districts and five rooms in the other zoning districts. Guest rooms shall not contain food preparation facilities.

E. Internal access. All access to guest rooms shall be from within the B&B inn or the guest room shall be located in an approved detached living area.

F. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites; and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. Receptions, private parties, or similar activities, for which a fee is paid or which is allowable only as a condition of room rental, shall not be allowed.

G. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room plus two for the on-site owner/manager of the B&B. Parking shall be located, to the extent possible, out of the required front and side yard setbacks. Parking spaces for the disabled may be counted toward the required off-street parking.

H. On-site management. The B&B shall be the main residence of the B&B owner or manager.

I. Signs. Signs shall be limited to one on-site sign not to exceed six square feet in area and shall be installed and maintained in compliance with Chapter 18.54 (Signs). The design, location, and lighting of the sign shall ensure compatibility with the architecture of the B&B and the surrounding neighborhood.

J. Site requirements. The proposed site shall generally conform to the standards of the applicable zoning district.

K. Transient Occupancy Tax. B&Bs shall be subject to the Transient Occupancy Tax in compliance with Chapter 3.24 of the Municipal Code, and shall maintain guest registers to ensure accurate occupancy records.

18.58.080 - Child Day Care Facilities

This Section establishes standards for the Town review of child day care facilities, in compliance with State law, including the limitations on the Town's authority to regulate these facilities, in a manner that recognizes the needs of day care operators and at the same time minimizes the effects on surrounding residents. These standards apply in addition to the other applicable provisions of this Development Code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. Licensing by the Department of Social services is required for child day care facilities.

A. Standards for small family day care homes. The following standards shall apply:

1. Permit requirements. Small family day care homes shall be a permitted use as part of a single family dwelling. A land use permit shall not be required to establish a small family day care homes provided the family day care home complies with the requirements of this subsection and State laws regulating small family day care homes.

2. Primary use as residence required. The small family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence.

3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices.

B. Standards for large family day care homes. The following standards shall apply:

1. Permit and notice requirements. Large family day care homes shall be a permitted use as part of a single family dwelling located in a residential zoning district. Permit processing for large family day care homes shall be subject to the following:

a. A large family day care home shall require the approval of a nondiscretionary Large Family Day Care Permit by the Director. Instead of the public notice required by Chapter 18.180 (Public Hearings), property owners within 100 feet of the proposed site shall be provided notice of the application at least 10 days before the date of the Director's decision on the entitlement. A public hearing shall not be held unless requested in writing by the applicant or other affected person(s);

b. The notice shall clearly indicate that State law requires that the entitlement be issued, authorizing operation of the large family day care home on any parcel zoned for a single-family dwelling, subject to the applicable standards in this Subsection. Further, the notice shall state that the determination may be appealed to the Commission, in compliance with Chapter 18.140 (Appeals), but that the Commission may only grant the appeal and reverse or modify the determination if the Commission finds that the Director's determination was contrary to Town or State laws governing large family day care homes; and

c. A Large Family Day Care Permit shall be issued if the Director determines that the proposed large family day care home will comply with the standards in this Subsection.

2. Primary use as residence required. The large family day care home shall be the principle residence of the day care provider, and the use shall be clearly incidental and secondary to the use of the property as a residence.

3. Fire protection. The facility shall contain a fire extinguisher and smoke detector devices and comply with the standards established by the Truckee Fire Protection District.

4. Health and safety standards. Each facility shall be inspected by the Town for compliance with the Housing Code and any regulations adopted by the State Fire Marshall concerning standards applicable to day care facilities; and each facility shall comply with all health and sanitation requirements administered by the Nevada County Health Department.

5. Noise standards. In order to protect adjoining residential dwellings from noise impacts, a facility within any residential zoning district may only operate up to 14 hours each day between the hours of 6:00 a.m. and 8:00 p.m. and may only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m. Additionally, the facility shall be in full compliance with Chapter 18.44 (Noise) for the subject zoning district.

6. Off-street parking.

a. Each facility shall have the number of parking spaces required for single-family dwellings, in compliance with Chapter 18.48 (Parking and Loading Standards), one additional space for the drop-off and pick-up of the children utilizing the facility to ensure that the children are not placed at risk and street traffic is not unduly interrupted, and one additional parking space for each person working at the facility, other than a person who resides at the home.

b. The driveway parking spaces may be in tandem with the on-site garage spaces, in compliance with Chapter 18.48 (Parking and Loading Standards). The facility shall be provided with adequately designed off-street drop-off and pick-up areas and an off-street turnaround area to ensure that vehicles reentering the street will be able to do so without the need for backup maneuvers.

7. Private road access.

a. If the proposed day care home does not have access to a Town-maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from the Association shall accompany the application. If a new road maintenance agreement is required, the Town Engineer shall review the submitted agreement.

b. As an alternative to entering into a road maintenance agreement with a homeowners association the day care provider may decide to be solely responsible for the maintenance of the private road. This decision by the day care provider shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

8. Separation standards. A proposed large family day care home shall be located so that no adjoining residentially-zoned parcel is bordered on more than one side by a care facility, and so that no other care facility is located within 300 feet of the proposed facility. These separation standards may be reduced by the Zoning Administrator through a Minor Use Permit, in accordance with Chapter 18.76 (Use Permits and Minor Use Permits).

9. Signs. On-site signs shall be in compliance with Chapter 18.54 (Signs).

C. Standards for child day care centers. The following standards shall apply, in addition to the standards in Subsection B. (Standards for large family day care homes), above:

1. Indoor play areas. The facility shall be provided with indoor play areas in compliance with State requirements. Separate and clearly defined play and activity areas shall be provided for each age group, including infant, toddler, preschool, and school age children;

2. Outdoor play areas. An outdoor play area shall be provided in the rear yard of the site, as follows:

a. Minimum area. The play area shall have at least 75 square feet for each child, but not less than a total of 450 square feet; and

b. Fencing. A six-foot high solid decorative fence or wall shall be constructed around all outdoor play and activity areas, except in the front yard or within a traffic safety sight area. Fences or walls shall provide for safety with controlled points of entry in compliance with Section 18.30.070 (Fences, Walls, and Hedges);

3. Pools/spas. Swimming pools/spas shall not be installed, due to high risk and human safety considerations. Additionally, an existing pool/spa shall not remain on the parcel, unless determined by the Director that adequate, secure separation exists between the pool/spa and the facilities used by the children.

18.58.090 - Churches, Community Centers, and Membership Organizations

A. Purpose. This Section establishes location criteria and standards for the development of churches/places of worship, community centers, membership organizations, and related accessory uses that provide for compatibility with adjoining land uses. (Related uses of the above including educational, day care, and major recreational facilities that are allowed in the applicable zoning district as a permitted or conditional use shall be applied for at the same time of the initial application for the church/place of worship, community center, or membership organization or a subsequent land use permit will be required to establish the use.)

B. Location criteria. New facilities shall be located either:

1. Located within or contiguous with zoning districts allowing multi-family, commercial, manufacturing, or public land uses; or

2. With frontage on a road designated by the Town as a collector road, or higher functional standard road.

C. Access.

1. Direct access to a collector road is not required, but all access shall have a minimum 24-foot wide paved roadway. If the proposed use does not have access to a Town-maintained road, the applicant shall join, form, or demonstrate that they are part of a private road maintenance agreement. If the private road is maintained by a homeowners association, participation in a Road Maintenance Association shall be included as part of the application and a Letter of Acknowledgment from theAssociation shall accompany the application. If a new road maintenance agreement is required, the Town Engineer shall review the submitted agreement.

2. As an alternative to entering into a road maintenance agreement the applicant may decide to be solely responsible for the maintenance of the private road. This decision by the applicant shall be deemed a condition of the use of the property and shall be documented by a written declaration of that decision, which shall be recorded in the County Recorder's Office.

D. Setbacks. A minimum setback of 25 feet is required from any residentially zoned parcel or any parcel with a residential use as its main use. At least 15 feet of the setback shall be landscaped with the intent of screening all structures and paved areas.

E. Site coverage. All new facilities shall meet the lot coverage standards determined by Table 3-15.

TABLE 3-15

MAXIMUM SITE COVERAGE

18.58.100 - Detached Living Areas

This Section establishes standards for the development and operation of living quarters that are detached from and not a required element of the main dwelling and is designed for human occupancy. Detached living areas include bedrooms, recreation rooms, home offices, and similar habitable areas, in any area where single-family dwellings are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses).

A. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling.

B. Design standards. A detached living area shall be designed as follows:

1. The gross floor area shall not exceed 600 square feet;

2. The detached living area shall contain a maximum of six lineal feet of counter space, excluding counter space located in the bathroom. There shall be a maximum of eight cubic feet of cabinet space, excluding clothes closets and bath cabinets;

3. The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood;

4. The detached living area may only include sleeping area, living area, and a single bathroom;

5. The detached living area shall not contain a kitchen or other cooking facilities. For the purpose of this Section, a kitchen or other cooking facilities shall include the following:

a. Cooking stove with or without an oven;

b. Hot plates;

c. Kitchen sink, cabinets, counters, and appurtenant plumbing;

d. Convection ovens;

e. Garbage disposal;

f. Other built-in kitchen appliances; and

g. All appurtenances related to the above.

C. Maximum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record.

D. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single one-well sink with a maximum surface area of two square feet and for a single bathroom. The bathroom may only contain one water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard.

E. Rentals prohibited. The detached living area shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect.

F. Subdivision prohibited. The portion of the site accommodating the detached living area shall not be subdivided from the portion of the site containing the main dwelling.

G. Utilities. All utilities serving the detached living area (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The detached living area shall not be provided with separate utility meters.

18.58.110 - Drive-In and Drive-Through Facilities

A. Purpose and applicability. This Section establishes supplementary standards for drive-in restaurants and fast food establishments, with drive-through facilities, located within the CH (Highway Commercial) zoning district which conduct business while customers remain in their vehicles. Other types of drive-in and drive-through facilities are not permitted.

B. Permit requirement. Drive-in restaurants and fast food or counter-service establishments, with drive-through facilities, shall require Use Permit approval, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

C. General standards. Drive-in and drive-through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise, and unsightliness and shall comply with the on-site circulation standards in Subsection E., below, which are not applicable to drive-in theaters or service stations.

D. Accessory use required. Drive-thru facilities may only be accessory to an allowable main use.

E. On-site circulation. Parcels with drive-through facilities shall be provided with internal circulation and traffic control devices as follows.

1. Aisle design. Drive-thru aisles shall be located and designed as follows.

a. The entrance/exit of any drive-thru aisle shall be at least 50 feet from an intersection of public rights-of-way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. The drive-thru aisle or stacking area (see following Subsection E.2) shall not be located adjacent to a street frontage.

b. Drive thru-aisles shall be designed with a minimum 10-foot interior radius at curves and a minimum 12-foot width.

2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive-through service that is physically separated from other on-site traffic circulation.

a. The stacking area shall accommodate a minimum of five cars for each drive-through window in addition to the vehicle(s) receiving service.

b. The stacking area shall be located so that the area for five cars is located before their reaching the menu board.

c. Separation of the stacking area from other traffic shall be by asphaltic or concrete curbing, or paint striping on at least one side of the lane.

3. Walkways. Pedestrian walkways should not intersect the drive-thru drive aisles, but where they do, they shall have clear visibility, and emphasized by enhanced paving or marking.

F. Screening. An eight-foot high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned/occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the Director.

G. Signs.

1. Directional signs. Each entrance to, and exit from, an aisle and the direction of flow shall be clearly designated by signs and pavement marking(s) or raised curbs.

2. Menu boards. Menu boards shall not exceed 24 square feet in area, with a maximum height of six feet, and shall face away from public rights-of-way. Outdoor speakers shall be located at least 50 feet from any residentially zoned/occupied parcel.

H. Minimum floor area for restaurants. To ensure that the drive-thru service facility is an accessory to a primary restaurant use, the minimum interior floor area for drive-thru restaurants shall be 1,000 gross square feet.

I. Facility design within shopping centers. Drive-thru facilities within an integrated shopping center shall have an architectural style consistent with the theme established in the center. The architecture of any drive-thru facility shall provide compatibility with surrounding uses in terms of color, form, materials, scale, etc.

J. Parking. No reduction in off-street parking requirements shall be granted a restaurant because drive-thru service facilities are provided.

K. Public hearing notice. Whenever a hearing is held regarding a land use permit for a drive-through facility, notice procedures for the public hearing shall comply with the requirements of Section 65091(d) of the California Government Code.

18.58.114 - Electrical Utility Facilities

A. Purpose. The following standards are established to ensure that the discretionary review of new electrical facilities would result in the approval of facilities that are compatible with surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

B. Applicability. The standards shall apply to the following types of electrical facilities in compliance with State law (Government Code Sections 53091 and 53096 and Public Resources Code Section 12808.5):

1. Electrical distribution lines of 100,000 volts or greater;

2. Electrical substations within an electrical transmission system which receives electricity at 100,000 volts or greater; and

3. The production or generation of electrical energy.

C. Standards. All applicable electrical facilities shall comply with the following standards:

1. All electrical facilities which produce or generate electrical energy shall be properly screened from public view. The extent and method (e.g., design, materials, etc.) of screening shall be subject to the approval of the Director;

2. All Use Permits for electrical facilities shall be appropriately conditioned to ensure that the:

a. Facility would be located, designed, operated, and continually maintained in a manner which further ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities;

b. Facility would be reviewed at the end of the first full year of operation, and at least every five years thereafter, to ensure on going compliance with all conditions, rules, and regulations governing the operation of the facility;

c. Owner/operator of the facility clearly displays all of the conditions, rules, and regulations governing the operation of the facility and conducts routine classes for all employees to review the expected levels of employee conduct to further ensure full compliance with the conditions, rules, and regulations;

3. The owner/operator shall take all necessary steps to provide for the following on-going safety/security measures at electrical substations and facilities that produce or generate electrical energy:

a. The owner/operator shall prevent the unauthorized entry of persons or animals by providing surveillance to control entry onto the facility; and

b. Perimeter fencing shall be constructed of a material and at a height specified by the Director.

4. The owner/operator shall cooperate with the Town in complying with all of the following on-going monitoring measures:

a. The Town shall be authorized to enforce all conditions, rules, and regulations related to the facility, including entry onto the subject property to ensure compliance; and

b The owner/operator shall immediately distribute copies of all compliance reports as to facility operations, and copies of all inspection reports made by other local, Regional, State, or Federal agencies to the Director.

5. The following additional conditions should be imposed by the Commission:

a. Before issuance of a Certificate of Occupancy, the owner/operator shall document that all financial responsibility requirements imposed by State or Federal agencies have been met;

b. The owner/operator shall indemnify, defend, and render the Town harmless against all claims, actions, or liabilities relating to permit approval, and the subsequent development/operation of the electrical facility;

c. The owner/operator shall prepare and submit an emergency response plan and annual preparedness report to the Director. The plan/report shall be initialed by each person at the facility who has emergency response assignments; and

d. The Town may employ any and all methods allowed by law to enforce the provisions of this Section, and related requirements of the Municipal Code.

D. Additional findings. The following finding shall be made in addition to those findings identified in Section 18.76.030 (Findings and Decision) before granting the approval of a Use Permit for the proposed electrical facility:

The electrical facility shall be located, designed, operated, and continually maintained in a manner which ensures that the facility will always remain compatible with, and will not cause any negative impacts upon, surrounding structures and land use activities, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits).

18.58.120 - Home Occupations

This Section establishes standards for the development and operation of home occupations that are secondary to, and compatible with surrounding residential uses. A home occupation is an accessory commercial activity or business service use customarily conducted entirely within a dwelling, by its residents only, in a manner clearly incidental to the residential character of the site and surrounding neighborhood.

A. Exempt activities. Home occupations conducted solely by residents of a housing unit that are limited to the use of a desk, telephone, personal computer and computer accessories, or other similar home office equipment and do not generate pedestrian or vehicular customer or delivery trips shall be exempt from the requirements for a Home Occupation Permit.

B. Permit requirement. A Home Occupation Permit shall be obtained and posted in compliance with this Section for home occupations, which are allowed as accessory uses in all residential zoning districts. A statement of compliance with the operating standards identified in Subsection D., below shall be signed before issuance of the Home Occupation Permit.

C. Operating standards. Home occupations shall comply with the following operating standards:

1. The home occupation shall be clearly secondary to the full-time use of the structure as a dwelling;

2. The use shall not require any modification not customarily found in a dwelling, nor shall the home occupation activity be visible from the adjoining public rights-of-way or from neighboring parcels;

3. The use shall not display window or advertising sign(s) (one name plate not exceeding one square foot in area may be allowed by the Director), merchandise or stock in trade, or other identification of the home occupation on the premises;

4. The home occupation shall be confined to not more than 25 percent of the floor area of the main dwelling nor more than 400 square feet of floor area, whichever is greater, and not within an accessory structure. Storage shall not occur out-of-doors or within a required enclosed garage, that would eliminate or constrict required parking;

5. The home occupation shall comply with all applicable provisions of the Town Building Code;

6. The residence shall have and maintain at least two on-site parking spaces;

7. Only one vehicle, with a capacity not exceeding one ton may be used by the resident directly or indirectly in connection with a home occupation;

8. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises. The use shall not employ the storage of pesticides or explosive, flammable, or hazardous materials;

9. The home occupation shall not create dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, vibration, or other hazards or nuisances; and

10. The home occupation shall not generate pedestrian or vehicular customer or delivery greater than two trips per day. A trip for the purposes of this section shall be defined as one entry trip and one exit trip from the parcel.

D. Home occupations requiring Minor Use Permit approval. The following are activities that may not comply with the operating standards in Subsection D. above, but may be allowed with Minor Use Permit approval, in compliance with Chapter 18.76 (Use Permits and Minor Use Permits):

1. A use that utilizes an accessory structure for the home occupation;

2. A use exceeding 400 square feet or 25 percent of the floor area of the main dwelling, whichever is greater. In no case shall the use, including storage areas and accessory structures, exceed either 1,000 square feet or 40 percent of the floor area of the main dwelling, whichever is less;

3. A use employing no more than one person living off-site and working at the dwelling at any one time, or more than two of the permanent residents;

4. A use which entails food handling, processing, or packing;

5. A use which includes hand woodworking or machine work;

6. A one-chair barber shop or beauty salon; a use which involves home visits for three or more clients, patients or pupils at a time; direct product distribution; pet grooming; or any other use or occupation which the Director determines is similar in nature to the previously listed uses;

7. A single dwelling unit with more than one home occupation; and

8. A use which generates pedestrian or vehicular customer or delivery traffic exceeding more than two trips per day. In no case shall vehicular customer and delivery traffic exceed more than 10 trips each day.

Sections 18.58.130 to 18.58.250