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2015/05/26 City Council Ordinance 887ORDINANCE NO. 887 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA ADOPTING MUNICIPAL CODE AMENDMENTS REGARDING ADULT ENTERTAINMENT BUSINESSES, ADULT BUSINESS PERFORMERS, MASSAGE BUSINESSES, AND MASSAGE PROVIDERS; THE DEFINITION AND LOCATION OF PAWN SHOPS, PAYDAY LOAN ESTABLISHMENTS, CHECK CASHING STORES, AND CAR TITLE LOAN ESTABLISHMENTS; THE DEFINITION OF BANKS/SAVINGS AND LOAN/CREDITS UNIONS; AND THE REGULATION OF VEHICLES FOR HIRE WHEREAS, the applicant, City of Rohnert Park, filed Planning Application No. PLZ02015-0001 proposing to amend the Rohnert Park Municipal Code ("RPMC") title 8 (health and safety), title 9 (public peace, morals and welfare) and title (17 (zoning) to: update regulations relating to Adult Entertainment Businesses, Adult Business Performers, Massage Businesses, and Massage Providers; add definitions and modify regulations related to the location of Pawn Shops, Payday Loan Establishments, Check Cashing Stores, and Car Title Loan Establishments; add definitions of Banks/Savings and Loan/Credits Unions; and rescind regulations related to massage businesses in title 9; and WHEREAS, the purpose of the revisions to the RPMC proposed through Application PLZ02015-0001 is to address potential land use impacts from the Graton Casino and Resort project which opened in November of 2013; and WHEREAS, the proposed changes to Title 17 (Zoning), section 17.04.040 (Definitions of words and terms), section 17.06.060 (Permitted uses [commercial]), section 17.06.100 (Permitted uses [industrial]), and 17.07.020 (Footnotes) are attached hereto as Exhibit A; proposed changes and additions to Title 8 (Health and Safety), Chapter 8.36 (Massage Business and Establishments, Massage Providers, and Massage Therapists), Chapter 8.37 (Adult Business Permit), Chapter 8.38 (Adult Business Performers License) and Chapter 8.39 (Adult Business — Locations) are attached hereto as Exhibit B; and Title 9 (Public Peace, Morals and Welfare), to delete chapter 9.80 (Massage Establishments) are attached hereto as Exhibit C; and WHEREAS, concurrent with the processing of Application No. PLZ02015-0001, City staff have reconsidered the regulation of Vehicles for Hire due to the increase in taxi cab applications in response to the construction of the Graton Casino and Resort and a need to strengthen the City's regulations in this area; and WHEREAS, the proposed revisions to Chapter 5.20 of the RPMC (Vehicles for Hire) would require vehicle for hire companies to obtain a non-exclusive franchise agreement (in lieu of the certificate of public convenience and necessity currently required) and get a vehicle permit for each vehicle for hire operating under the franchise. Drivers of vehicles for hire would also be required to obtain a driver permit; and WHEREAS, pursuant to California State Law and the RPMC, public notice was published in the Connnunity Voice for a minimum of 10 days prior to the first public hearing and a copy of the proposed code amendments have been available for public review at City Hall; and 881 WHEREAS, on April 9, 2015 the Planning Commission held a public hearing at which times the Planning Commission revised the project proposal, heard testimony from interested persons and recommended approval of the land use amendments to the RPMC proposed through Application PLZ02015-0001 by the City Council; and WHEREAS, on May 12, 2015, the City Council held a public hearing at which time interested persons had an opportunity to testify either in support or opposition to the proposal; and WHEREAS, the City Council has reviewed and considered the information contained in Planning Application No. PLZ02015-0001 as well as the proposed amendments to the regulation of vehicles for hire; and NOW, THEREFORE, the City Council of the City of Rohnert Park hereby ordains as follows: SECTION 1. The above recitations are true and correct and material to this Ordinance. SECTION 2. Environmental Review. While some of the proposed amendments to the RPMC provide for the regulation of certain land uses, they do not propose or approve any specific land use. Further, when development does occur under the new regulations, land use impacts will be lower than would have occurred under existing regulations. The proposed amendments are therefore exempt from environmental review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the amendments may have a significant effect on the environment. SECTION 3. Findings for Adoption of Municipal Code Amendments The City Council hereby makes the following findings concerning the amendments to RPMC: 1. That the proposed amendinents are consistent ivith the general plan. Criteria Satisfied. The proposed amendments are consistent with General Plan 2020, specifically: Goal LU -C (Provide for concentrations of activity and mixed- use and pedestrian -oriented development in selected areas); Policy CD -56 (As part of the Zoning Ordinance, maintain development standards for all development within commercial districts that include, but are not limited to: ... landscaping requirements, design standards for parking lots, building transparency and pedestrian comfort, height, overall size, materials, lighting and location, etc.); and Policy OS -17 (Ensure that parks and recreation facilities are safe secure areas). The purpose of the proposed amendments to the Municipal Code are to ensure that certain land uses does not detract from the pedestrian oriented, mixed use and high quality urban environment that the city is seeking to create within its neighborhoods and commercial centers. Placing reasonable restrictions on 881 development will help create more desirable commercial center over time. Particularly important is to protect park and recreation facilities from commercial uses that may have negative impact on and potentially detract from the quiet enjoyment of these facilities. Particular attention is paid to places where children may congregate, such as schools, dayeares, and parks. It is also assumed that families will visit Rohnert Park shopping areas, so it is important that within these commercial centers, protections are in place from potential negative impacts. 2. That the proposed zoning and/or amendment will he beneficial to and not detrimental to the public health, safety, or ivelfare. Criteria Satisfied. The proposed amendments will benefit the public by creating protection from certain land uses that may have visual, noise, traffic and/or public safety (e.g. crime) impact. Land use regulations, development standards, locational limits and licensing requirements have been devised to minimize these impacts as much as possible. In addition to new licensing requirements, location limits have been place on Adult Businesses to ensure that a separation exists between Adult Business operations and sensitive uses. SECTION 4. Approval of the Amendments The City Council hereby approves the amendments to the Zoning Ordinance in substantially similar form as attached as Exhibit A, Exhibit B and Exhibit C, and the amendments to Chapter 5.20 regarding Vehicles for Hire in substantially similar form as attached as Exhibit D, which are all incorporated by reference as if set forth in full. SECTION 5. Severability The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 6. Effective Date This ordinance shall be in full force and effective 30 days after its adoption, and shall be published and posted as required by law. SECTION 7. Publication The City Clerk is directed to cause this ordinance to be published in the manner required by law. This Ordinance was introduced by the Council of the City of Rohnert Park on May 12, 2015, and was adopted on May 26, 2015 by the following roll call vote: 881 AYES: Four (4) Councilmembers Belforte, Mackenzie, Stafford and Mayor Ahanotu NOES: None (0 ) ABSENT:One (1) Councilmember Callinan ABSTAINNone (0 ) CITY OF R NERT PARK Amy O. Ahanotu, Mayor ATTEST: oAnne M. Buergler ity Clerk City Attorney 881 Exhibit A Amendments to Title 17 (Zoning) Amendments to Zoning Code Definitions (Section 17.04.030) 17.04.030 - Definitions of words and terms. Where terms, phrases and words are not defined below, they shall have their ordinary accepted meanings within the context which they are used. Random House Webster's College Dictionary, copyright 2000 by Random House Inc. shall be considered as providing ordinarily accepted meanings. "Abutting (Adjacent) lots or parcels" means two or more lots or parcels of land having a common border or being separated from such a common border by a right-of-way, alley or easement. Parcels having no common boundary other than a corner shall not be considered abutting. "Access driveway" means a driveway that provides access into and through a parking area from a street access point, provides access to the parking aisles, or provides interior circulation among parking areas. "Accessory building or use" means a building or use which is clearly incidental or subordinate to and serves the principal building or use located on the same lot. Portable storage sheds less than six feet in height and twelve square feet in floor area and prefabricated open play structures are excluded. "Acre, gross" means the total land area within the legal lines of a property (that is, including all existing streets and other rights-of-way, but excluding areas subject to physical or environmental constraints, as well as areas dedicated for creekside/greenway or habitat protection except as may be provided for the Rohnert Park general plan. All new public or private rights-of-way created as part of a given development are not excluded in determining the gross acreage of that development. "Addition" means an extension or increase in floor area or height of a building or structure. "Administrative office": see "professional office." "Administrative review" means permit/project review, approval or disapproval by the planning and community development director or his/her designee. "Adult business": See Chapter 8.37. "Alley" means a public or private permanently reserved thoroughfare less than sixteen feet but not less than ten feet in width, other than side street, which has been dedicated or deeded to the public for public use as a secondary means of access to abutting properties. "Alteration" means any change, addition or modification in construction or occupancy of an existing structure or use. "Alteration, structural": See "Structural alteration." "Amendment" means a change in the wording, context or substance of the zoning ordinance, or a change in the district boundaries on the zoning map. "Amusement center" means any commercial activity, whether conducted intermittently or full-time, which is primarily used for physical recreation or entertainment. The phrase "amusement center," includes any bowling alley, dance hall, arcade, shooting gallery, miniature golf, golf driving ranges, cyber cafes, and any similar commercial activity. "Animal, domestic": See "domestic animals." "Animal hospital" means a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment; may include the ancillary use of the premises as a kennel or a place where animals or pets are boarded for remuneration. Page 1 "Arcade" means an area with coin-operated games. See also "amusement center." "Attached structure" means any structure that has an interior wall or roof in common with another structure. "Automobile" means any self-propelled, motorized vehicle used, intended to be used, or (originally) designed to be used for the transportation of people upon a street or highway, but not including any vehicle designed for travel on stationary rails or tracks. As used in this chapter, "automobile" includes motorcycles and light trucks with a capacity rating not exceeding one ton, and any (travel) trailer (designed to) which can be towed by any of the above-described vehicles. "Automobile body repair" means a business operated in a building or part thereof where repairs, alterations or replacements are made to automobile and truck bodies and related components. Typically, these activities include welding, frame straightening or painting, as well as minimal trim work (e.g., installation or replacement of mirrors, upholstery, decorative trim or striping). "Automobile parts sales" means a business operated in a building where parts for automobiles from sources off-site are sold. "Automobile repair" means a business operated in a building or part thereof where automobiles are repaired or reconditioned. Such repair shall be limited to mechanical and electronic systems only. Painting (which requires a spray booth), repair or alterations to automobile body parts or frame shall not be allowed. Minimal trim work (e.g., installation or replacement of mirrors, upholstery, decorative trim or striping) is allowed. Vehicles being repaired may be retained for more than twenty-four hours but not longer than thirty days. "Automobile sales" means a business engaged in the sale of used or new automobiles. Automobile repair may be permitted on the premises as an ancillary activity. "Automobile service station" means any business or premises engaged in the sale of gasoline and other fuels and/or light maintenance activities such as engine tune-up, lubrication and minor repairs. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body fender work or storage for more than a twenty-four hour period are conducted. "Automobile storage" means the storage of a motor vehicle for a period in excess of twenty-four hours without repairs or maintenance being required. "Automobile wrecking/salvage" means the removal of part(s) from an automobile and/or retention of said automobile from which part(s) have been removed for the purpose of reuse, sale or disposal; and/or the dumping of dismantled or wrecked automobiles or their parts. This business is normally conducted in the non -building space of the premises and there are present at least two or more automobiles or parts that have been retained for a period longer than twenty-four hours. "Awning" means a roof -like cover that is attached to and projects from the wall of building for the purpose of shielding from the elements. "Balcony" means a platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet. "Banks/savings and loan/credit unions" " means financial institutions, including federally -chartered banks, savings associations, industrial loan companies, and credit unions that provide retail banking services to individuals and businesses. "Banks/savings and loan/credit unions" includes only those institutions engaged in the on-site circulation of money, and whose deposits are insured by the state or federal government and/or a state or federal sponsored entity, including credit unions. "Banks/savings and loan/credit unions" specifically excludes pawn shops, check cashing stores, payday loan establishments, and car title loan establishments. "Bar" means any business wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a business wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of said beverages comprises less than twenty-five percent of the gross receipts. Page 2 "Base density" means the number of dwelling units permitted before any density bonus credit is applied. "Basement" means any floor level below the first story in a building and at least four feet below grade, as defined in the building code, for at least fifty per cent of the total perimeter. "Bath house/spa" means a business which engages in providing sauna baths, water baths, showers, steam rooms or steam baths, or any other body cleansing and toning arrangement wherein an attendant accompanies the customer into the room or facility. "Bed and breakfast inn" means a transient lodging establishment with no more than five rooms, unless more approved in accordance with Section 17.07.020, Bed and Breakfast Inn, for rent primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals to the extent otherwise permitted by law. "Boarding house" means a structure where lodging and meals for seven or more boarders is provided for compensation. Definition includes fraternities, sororities, and rooming houses, etc. "Building" means any structure having a roof supported by columns or walls. "Building Code" means California Building Standards Code, Parts II, III, IV and V, and any ordinance of the city of Rohnert Park's municipal code, Title 15, governing the type and method of construction of buildings, signs, and sign structures and including adopted model codes and any amendments to the California Building Standards Code. "Building coverage": See "lot coverage." "Building envelope" means the area of a lot or parcel of real property within which main structures must be confined, except fencing, driveways, and accessory buildings. "Building frontage" means the linear dimension, parallel to the ground, of that side of a building facing on a public street. "Building height" means the vertical distance from the finished grade to the highest point of the structure, excluding chimneys and vents. Page 3 "Building site" means a legally created parcel or several contiguous parcels of land in single or joint ownership, which provide the area and the open spaces required by this title, exclusive of all vehicular and pedestrian public rights-of-way. "Car title loan establishment" means any business that engages in providing short-term loans in which the borrower's car title is used as collateral. The borrower must be the lien holder (i.e., own the car outright). "Carport" means a permanent roofed structure completely open on two or more sides to be used for vehicle parking. "CC&Rs" means covenants, conditions, and restrictions as recorded as a deed restriction running with the land and binding upon subsequent owners of the property. "Cemetery" means land used or intended to be used primarily for the burial of deceased persons or animals and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery. "Check cashing store" means any business, company, corporation, establishment, organization, private enterprise, shop, or store whose primary service is that of a check casher, as defined by Section 1789.31 of the California Civil Code, as may be amended from time to time. "Commercial filming studio" means an enterprise engaged in the production, distribution or exchange of motion picture photography at the same location more than six days per quarter of a calendar year. "Commission/planning commission" means the planning commission of the city of Rohnert Park. "Common area" means a parcel or parcels of land, together with the improvements thereon, which are shared by several owners in common. "Common open space": See "open space, common." "Community center" means an area developed, or to be developed separately or with any of the following public buildings or uses: offices, libraries, playgrounds, parks, assembly halls, police stations, swimming pools and fire stations. "Conditional use" means a use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, unusual site development features or operating characteristics, and/or intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure that the use is designed, located, and operated compatibly with uses on adjoining properties and in the surrounding area. The planning commission shall have responsibility for the review of conditional uses. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a commercial or residential building, such as an apartment. A condominium may include, in addition, a separate interest in other portions of such project. Page 4 "Condo conversion" means the change in a development's status from existing multi -family rental housing units to private ownership of lot or air space. This term applies to commercial and industrial properties as well as where ownership of ground or airspace rights are involved. "Congregate care/assisted living facility" means a facility providing full-time care, either permanently or temporarily, for those persons unable to live independently, due to age, physical or developmental disability or medical disability. Congregate care facilities include the following state -authorized or licensed operation: "Congregate care/assisted living facility, small" means facilities providing care for six or fewer children or adults housed in a single-family residential unit; and "Congregate care/assisted living facility, large" means facilities providing care for seven or more children or adults. "Contractor yard": See "equipment rental yard/contractor yard." "Convenience store" means a retail establishment with a sales area of five thousand square feet or less which sells primarily food, household, and personal convenience items. "Council/city council" means the city council of Rohnert Park. "Court" means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three or more sides by walls of a building and/or buildings. "Coverage, lot or site": See, "Lot coverage." "Credit union": See "banks/savings & loans/credit unions." "Cyber cafe" means an establishment that provides four or more computers and/or other electronic devices for access to the internet, e-mail, video games or computer software programs which are networked or which function as a client/server program, and which seeks compensation in any form from users. Also referred to as a PC cafe, internet cafe, or cyber center, but does not include a cyber learning center. "Day care facility" means a facility which provides non-medical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four hour basis. Child day care facilities includes day care centers and day care homes. Refer to definitions for both. "Day Care Center" means any child day care facility other than a family day care home. Includes infant care centers, preschools, and extended day care facilities. "Day Care Home" means a licensed home which is authorized, certified or licensed by the State of California which regularly provides care, protection and supervision of twelve or fewer children in the provider's own home, for periods of less than twenty-four hours per day. The number of children shall include children under the age of ten who reside at the provider's home. "Day Care Home, small" means a licensed facility that provides day care to eight or fewer children. "Day Care Home, large" means a licensed facility that provides day care for nine to fourteen children. "Deck" means a platform less than thirty inches above grade, either free standing or attached to a building. "Density" means the number of dwelling units per gross acre. See also "dwelling unit." "Density bonus" means a provision to allow additional units above the maximum allowable within a district as an incentive to provide dwelling units for low and very low income households. "Depth": See "lot depth." "Domestic animals" means small animals of the type generally accepted as pets that are customarily kept for personal use or enjoyment within the home or yard, such as dogs, cats, rabbits, canaries or parrots. Page 5 "Dwelling, multiple -family" means a structure containing two or more dwelling units. "Dwelling, single-family, attached (duplex, townhouse, zero lot line developments)" means one of two or more dwelling units situated on separate lots and having a common or party wall separating the dwelling units. Refer to the Rohnert Park General Plan for further definition of a duplex allowed in the Residential -Medium Density District. "Dwelling, single-family, detached" means a detached building containing a single dwelling unit and surrounded by open space on the same lot. "Dwelling unit" means any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by the California Building Standards Code, Rohnert Park amendments thereto, and model codes adopted under municipal code Title 15, for not more than one family. For the purposes of calculating density, duplex studio units whose total square footage does not exceed eight hundred fifty square feet shall be considered a single multi -family, one - bedroom unit. "Easement" means a grant of one or more property rights by the property owner for the use by the public, a corporation or another person or entity. "Educational institution" means an institution giving general academic instruction equivalent to the standards prescribed by the State Board of Education. "Elevation" means (A) A vertical distance above or below a fixed reference level, or (B) A flat scale drawing of the front, rear, or side of a building or structure. "Emergency shelter" means a residential facility that provides short-term, temporary accommodations to individuals and families. The goal of an emergency shelter is to address acute needs of individuals and families by providing basic residential facilities and may include programs which help residents find available social services. "Equipment rental yard/contractor yard" means a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles; or distribution of supplies or construction materials required in connection with a business activity, public utility service, transportation service, or similar activity. The term "contractor yard" shall include a construction materials yard, vehicular service center, or similar use. "Erect" means to build, construct, attach, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs. "Family" means an individual or two or more persons, not including servants, living as a single housekeeping unit. For limitations upon the number of residents per square foot of floor space see Rohnert Park municipal code Section 15.12.010. "Family care home" means a state -authorized, certified or licensed family care home, foster home, or group home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children providing care on a twenty-four hour -a -day basis. Includes elderly group homes and adult group homes as defined by the State of California. "Fire Code" means California Building Standards Code, Part IX and local amendments as contained in the city of Rohnert Park's municipal code, title 15, Section 15.28. "Floor area, gross" means the area included within the surrounding exterior walls of a building or portion thereof, exclusive of HVAC, elevator shafts, courts and loading docks. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the useable area under the horizontal projection of the roof or floor above. "Floor area ratio (FAR)" means the gross floor area of all buildings on a lot divided by the building site area. Page 6 06 FAR tare-Aory EXAdrag an 9 fd Lai Two-story E r3 on 114 Ld i.p1R Opp-story W di q on ETike UA l reo,f;cx 1 o;0 k' uo 1 R Lot airy c It,, Lat "Frontage" means the side of a lot abutting a street (the front property line), except the side of a corner lot. For purposes of determining frontage on a corner lot, the narrowest street property line shall be considered the front of the lot. See also Building frontage. "Garage" means a building, or a portion of a building, enclosed on two or more sides and used for the parking of vehicles. "General Plan" means the city of Rohnert Park general plan as adopted by the city council, who may amend the plan from time to time, hereafter referred to as the general plan. "Grade, existing" means the surface of the ground or pavement at a stated location as it exists before disturbance in preparation for a project regulated by this chapter. "Grade, finished" means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line. When the property line is more than five feet from the building the finished grade shall be the lowest point between the building and a line five feet from the building. "Gross acreage" means the total area within the lot lines of a lot or parcel of land before public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, and does not include adjacent lands already dedicated for such purposes. Page 7 t-14 "Group home": See "Family care home." "Group, residential" means shared living quarters without separate kitchen or bathroom. "Height of Building": See 'Building height." "Home occupation" means an occupation conducted entirely within the dwelling unit, garage, or accessory building by the occupants of the primary dwelling, which occupation is clearly incidental and secondary to the use of the dwelling for residential purposes, which use must not change the residential character thereof and which meets the conditions of this code. "Homeless shelter" means housing provided as a temporary/emergency shelter for individuals and families to reside while they prepare to move into more stable housing. Emergency housing, along with assessment and case management, is typically provided for twenty-eight days to one hundred eighty days per client. "Hospital" means an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured including full-time medical supervision which is approved by the American Hospital Association and licensed by the state. "Hotel" means any building containing six or more guest rooms, primarily accessible from interior hallways, intended or designed to be used, or which are used, rented or hired out to be occupied or which are occupied for transient sleeping purposes by guests. No in -room food preparation unless applied for and approved with project or separately. (Also see "motel.") "Incidental": See "accessory Building or Use." "Intersection, controlled" means an intersection controlled by the use of traffic signals or signs, such as stop or yield signs. "Intersection, uncontrolled" means an intersection not controlled by traffic signals or signs. "Junk yard" means an outdoor space used exclusively for the storage or sale of secondhand and used machinery and scrap iron, including automobiles, tools, implements or parts or portions thereof, and any and all secondhand used furniture or other personal property, or part or portions thereof. Page 8 "Kennel (Commercial)" shall be as defined in Rohnert Park Municipal Code Section 6.02.070 (F). "Kiosk" means an ancillary, free-standing structure designed for retail sales or public/informational notices. "Kitchen" means a room or area within a room used for cooking and/or preparation of foods. "Landscaping" means an area devoted to or developed and maintained predominantly with native or exotic plant materials, including lawn, ground cover, trees, shrubs, and other plant materials; and also including accessory decorative outdoor landscape elements such as pools, fountains, paved or decorated surfaces (excluding driveways, parking, loading, or storage areas), and sculptural elements. "Live/work" means an occupancy by an individual or a family maintaining a common household consisting of one or more rooms or floors in a building originally designed for industrial or commercial occupancy or in a new building specifically designed for live/work and which includes the following: A. Cooking and sanitary facilities in accordance with applicable building standards adopted by the city of Rohnert Park; and B. Adequate working space reserved for and used by one or more persons residing therein. "Loading space" means an off-street space or berth on the same lot with a building or contiguous group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or materials. "Lot" means a parcel of land occupied, or intended to be occupied, by a building, group of buildings or uses, and accessory buildings, together with such open space, yard and setbacks as are required. The parcel must have the minimum area required for a lot in the zone in which such lot is located and having its principal frontage on public street or public right -of way. The classification of lots are as follows: A. "Corner Lot" means a lot abutting on and at the intersection of two or more streets. B. "Flag Lot" means a lot having access or an easement to a public or private street by a narrow, private right-of-way. C. "Interior Lot" means a lot abutting only one street. D. "Reversed Frontage Lot or Key Lot" means a lot with a side line that abuts the rear line of any one or more adjoining lots. E. "Through Lot or Double -Frontage Lot" means an interior lot having frontage on more than one street. Each frontage from which access is permitted shall be deemed a front lot line. Street Corner kteriQ( Lot€FtbtW- Ld � I Ld Lor TJvwghLbt Key Lot —�r Lot street street —� FLsd r'ror�t�e [ Reversed Ld UenorLotw I Ot. or �Cotner � Key Lot to L _i__ __L — NOG Street "Lot area" means the total horizontal area included within the lot lines of a lot. Page 9 "Lot coverage" means the percent of the lot area which may be covered by all buildings and structures, excluding allowed projecting eaves, balconies and similar features and by a deck(s) more than thirty inches in height. "Lot depth" means the linear distance between the front and rear property lines of a site measured along a line midway between the side property lines. "Lot or Property line" means a line dividing one lot from another lot, street or alley. A. "Front." See "Frontage." C. "Interior" means any lot line not abutting a street. D. "Side" means any lot line that is not a front lot line or a rear lot line. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. Lot DWh Lit is 3 1"h rpr Lit L Ld fep1h ' t J Lot .Itaairsi � t L rc tLdL Loi De*h FraN Ld Line Page 10 "Manufactured home" means a complete single-family home deliverable in one or more transportable sections, certified under the National Manufactured Housing Construction and Safety Standards established by the U.S. Department of Housing and Urban Development, and that is attached to a permanent foundation. A manufactured home is also commonly referred to as a "mobile home" or "modular home." A manufactured home is not the same as a recreational vehicle, commercial coach, or factory -built home, which may look similar from the exterior. "Massage establishment": See Chapter 8.36. "Medical marijuana dispensary" means any facility where medical marijuana is made available to and/or distributed to one or more of the following: a "primary caregiver," a "qualified patient," or a "person with an identification card." Each of these terms is defined in California Health and Safety Code Section 11362.7 and shall be interpreted in strict accordance with Health and Safety Code Sections 11362.5 and 11362.7 et seq. A medical marijuana dispensary shall not include the following uses, so long as the location of such uses is otherwise regulated by the city's municipal code or other applicable law and such uses strictly comply with the city's municipal code or other applicable law, including but not limited to, Health and Safety Code Sections 11362.5 and 11362.7 et seq.: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code; a healthcare facility licensed pursuant to Chapter 2 of Divisions 2 of the Health and Safety Code; a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code; a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code. "Microbrewery" means any brewery that produces fewer than half a million gallons of beer per year. "Motel" means a building or group of buildings containing six or more guest rooms which are rented or hired out to be occupied or which are occupied for transient sleeping purposes, typically where a majority of such rooms open directly to the outside, and parking is located adjacent to the room. No in - room food preparation is allowed unless applied for and approved as part of project approval or separately. "Multifamily residential": See "dwelling, multifamily." "Natural state" means all land and water that remains undeveloped and undisturbed. The grading, excavating or filling of land, and/or the construction of roadways, driveways, parking areas, and structure shall be prohibited in areas so designated. Incidental minor grading for such purposes as equestrian, bicycling, or pedestrian trails, picnic areas, flood control, and planting and landscaping which is in addition to and enhances the natural environment may be permitted. "Natural waterway" means any natural stream of water flowing in a definite course or channel and possessing a bed and banks. It is not necessary that the flow of water be continuous throughout the year. Natural waterways do not include artificially created channels for storm waters, such as street gutters and drain and drainage facilities installed in connection with the development of property. "Nonconforming lot" means a lot which was lawfully subdivided or established, but which does not conform with prescribed regulations for the district in which the lot is located by reason of adoption or amendment of this title or by reason of annexation of territory to the city. The lot shall be shown on a duly approved and recorded tract or parcel map or has been issued or is eligible for a certificate of compliance or conditional certificate of compliance. "Nonconforming structure" means any structure legally constructed or established which fails to conform to the regulations of this ordinance, within the district in which it is located by reason of the adoption of this ordinance or any amendment hereto or by reason of annexation of territory to the city. Structures not legally established, which fail to conform to the provisions of this ordinance, shall be deemed to be illegal structures. "Nonconforming use" means a use of a structure or land which is lawfully established and maintained prior to the adoption of this ordinance but which does not conform with the use regulations of Page 11 the district in which it is located. Uses not legally established, which fail to conform to the provisions of this ordinance, shall be deemed to be illegal uses. "Occupancy" means the purpose for which a building, or part thereof, is used or intended to be used. "Off -campus student housing" means a living arrangement for student tenants within an off -campus dwelling unit or portion thereof, except if all the student tenants are family of the owner of the dwelling or the dwelling is leased and used only by a family as the family's primary residence. Off -campus student housing shall not include dormitories owned and operated by a university, college or trade school. "Office": See "professional office." "Open space" means the area of a project (exclusive of the required setback from a public street) which is to be used exclusively for leisure, recreational, and/or aesthetic or visual relief purposes. Open space areas may include those reserved for active and passive recreational uses and park facilities. "Open space, common" means an open area within a residential or commercial development reserved for the exclusive use of the residents or employees of the development and guests. "Open space, private" means a usable open space adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. "Parking lot" means an off-street parking area, not within a building, where motor vehicles may be stored for the purposes of temporary, daily or overnight parking. "Parking space" means an unobstructed, permanently reserved and clearly delineated area or space other than a street or alley maintained for the parking of one motor vehicle. "Patio, covered" means a covered area without walls, screens, or windows on two or more sides or when walls, screens, or windows are incorporated meeting the requirements of the Uniform Building Code, Appendix Chapter, 31, Division III, Section 3116. "Pawn shop" means an establishment in which any business is engaged in, carried on, or conducted that involves the receipt of personal property in pledge as security for a loan pursuant to California Financial Code sections 21000 et seq., as may be amended from time to time. "Pawn shop" does not include banks, savings and loan institutions, credit unions, or other banking organizations regulated by state or federal law. "Payday loan establishment" means any establishment whose business includes the making of deferred deposit transactions, commonly referred to as "payday loans." "Payday loan establishment" includes any business operating as a "licensee" under California Financial Code section 23001 (d). "Personal services" means services of a personal convenience nature, as opposed to products, sold to individual consumers and include the provision of information, individual instruction, beauty and barber shops, laundry and cleaning services, and similar services. "Pre-existing" means in existence prior to the effective date of this ordinance or applicable amendments thereto. "Principal or primary use" means the predominant use of any lot, building or structure. "Processing facility" means a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end- users specification, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following: A. "Light processing facility": Occupies an area of under forty-five thousand square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source -separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers. Page 12 B. "Heavy processing facility" means any processing facility other than a light processing facility. "Professional office" means an office or studio of professional or service occupations or agencies which benefit from and contribute to an environment generally characterized by low traffic and pedestrian volumes, lack of distracting, irritating or sustained noise, and low density building developments, including occupations or agencies such as accountants, administrative offices, appraisers, architects, engineers, lawyers, secretarial agencies, and real estate. "Public hearing" means a noticed meeting where the public is provided an opportunity to comment and file testimony on a matter under consideration prior to official action being taken. "Recovery facility" means any facility, place or building which provides twenty -four-hour residential non-medical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. "Adults" may include, but need not be limited to, parents over eighteen years of age and their children, and emancipated minors, which may include, but need not be limited to, parents under eighteen years of age and their children who are recovering from alcohol, drug or drug and alcohol misuse and are currently capable of meeting their life support needs independently, but who temporarily need guidance, counseling, or other alcohol or drug recovery services. Recovery facilities that offer drug or alcohol abuse counseling must require counselors to be licensed by the State. A. "Recovery facilities, small' means facilities providing care for six or fewer adults (as defined above) and housed in a single-family residential unit; and B. 'Recovery facilities, large" means facilities providing care for seven or more adults. "Recreation facility, commercial" means recreation facilities operated as a business and open to the general public for a fee. "Recreation facility, private" means clubs or recreation facilities for which a membership charge may be made and which are open only to bona fide members and their guests. A private recreational facility may not be open or available to members of the general public. "Recreation facility, public" means publicly owned or operated recreation facilities. 'Recreational vehicle: Any vehicle or trailer designed or modified for use as a camp car, camper, motor home, house car, trailer, trailer coach, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer or for any similar purpose. "Recyclable material" means reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous material as defined in Section 15.04.820.020. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code. "Recycling facility" means a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of materials generated by that residential property, business or manufacturer. Recycling facilities may include the following: A. "Recycling collection facility" means a collection facility for the acceptance by donation, redemption, or purchase of recyclable material from the public. Such a facility does not use power -driven processing equipment except as provided for in particular zoning districts. Collection facilities may include the following: 1. "Small Recycling Collection Facility": Occupies an area of not more than five hundred square feet and may include a mobile unit; bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet, kiosk type units which Page 13 may include permanent structures; unattended containers placed for the donation of recyclable materials. 2. "Large recycling collection facility": Occupies an area of more than five hundred square feet, or is on a separate property not appurtenant to a host use, and which may include permanent structures. B. "Reverse vending machine' means an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. "Religious assembly uses" means the operation of nonsecular facilities, such as churches, temples, synagogues, and related playgrounds, centers and halls for social, educational, religious and recreational activities. "Research and development" means uses engaged in the research, analysis, design, development and/or testing of a product. "Rooming house": See "boarding house." "Rounding of quantities" means the consideration of distances, unit density, density bonus calculations, or other aspects of development or the physical environment expressed in numerical quantities which are fractions of whole numbers; the numbers are to be rounded to the nearest highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5, except as otherwise provided in this title. "Savings and Loan": See "banks/savings and loans/credit unions." "School" means an institution for the teaching of children or adults including primary and secondary schools, colleges, professional schools, business schools, trade schools, art schools, and similar facilities. "Second dwelling or residential unit" means an attached or a detached dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (1) an efficiency unit as defined in Section 17958.1 of the Health and Safety Code; and (2) a manufactured home as defined in Section 18007 of the Health and Safety Code. A second unit shall be in compliance with Section 17.07.020 of this title. "Senior housing" means new or rehabilitated dwelling units which are exclusively used by persons of fifty-five years of age or older and provide common recreational or social facilities. "Setback" means a required, specified distance between a building or structure and a lot line or lines, measured perpendicularly from the lot line or lines in a horizontal plan extending across the complete length of such lot line or lines. "Sign" means a device, display, figure, message, placard or structure, including its component parts, situated indoors or outdoors, which is constructed, designed, intended or used to advertise or otherwise attract or direct attention, provide information, to a business, event or location, institution, person, product or service, or promotes the interests of any person, by any means including, but not limited to, color, design, figures, illumination, letters, projected images or words, and is visible from any public street, road, highway, right-of-way, or parking area. Signage terminology used in this code includes the following: 1. "Abandoned" means any sign that advertises a business, lessor, owner, product, service or activity that is no longer located on premises where the sign is displayed. 2. "Address" means a sign identifying the position of a land use in relationship to a public or private street. 3. "Alteration" means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign. Page 14 4. Area. See "Sign area." 5. "Attention attracting device" means animated or moving signs, including signs held by mechanical mannequin or other devices, balloons, banners, beacons, blinking or traveling lights, flashing messages, inflatable signs (and figures), pennants, search lights, spinners and streamers, but excluding approved temporary banners, time/temperature devices, and electronic message boards. 6. "Awning" means a sign attached to a roof -like projection from the wall of a building that serves to shield a doorway or window from the weather and is often constructed of weather resistant fabric. 7. Banner. See "Flags, banners or pennants." 8. "Campaign" means a temporary sign that is designed to support the passage or defeat of any measure on a ballot or to influence voters with respect to the nomination, election, defeat, or removal of a candidate from public office at any national, state, or local election. 9. "City entry" means a public sign located at specific entry points to the city of Rohnert Park. 10. "Commemorative" means a sign which commemorates the historical status and/or date of erection. 11. Commercial message" means any wording, logo or other representations that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. 12. "Commercial" means any sign with a commercial message. 13. "Construction" means a sign that identifies the architects, engineers, owners, lenders, contractors, future tenants and others associated with a construction project, but which contains no other advertising matter. 14. "Copy" means words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign. 15. "Directional" means a sign that has been designed and erected for the sole purpose of directing vehicular and/or pedestrian traffic within a project, e.g., restroom, security office, entrance/exit. 16. "Directory" means a sign that lists tenants of a multiple tenant building or center. 17. "Double-faced" means a sign which has back to back sign copy where the angle between the two faces does not exceed thirty degrees. 18. "Edge of roof' means on a pitched roof, the lowest portion of the fascia board covering the roof rafters, or, if no fascia board exists, the lowest point of the roof rafters. On a flat roof, the top of the parapet wall or three feet above the roof deck, whichever is less. 19. "Electronic message center" means a sign with a fixed or changing display composed of a series of lights, but not including time/temperature displays. 20. "External illumination" means the lighting of an object from a light source located at a distance from the object. 21. "Flags, banners or pennants' means cloth, plastic, paper or similar material used for advertising purposes attached to framing, line, pole, structure, staff or vehicle. 22. "Flashing" means a sign that includes an intermittent or sequential flashing light source. 23. "Freestanding, monument" means a sign that is supported by a base structure that rests on the ground and is not supported or attached to a building. 24. "Freeway oriented" means a freestanding sign located on a nonresidential property and directly adjacent to Highway 101. Page 15 25. "Hand-held" means a sign that is held by or otherwise mounted on a person. For the purposes of this title, hand held sign does not include a noncommercial sign. 26. Height, sign. See "Sign height." 27. "Illegal sign" means: (a) Any sign originally erected or installed without first complying with all structural, locational, design, building, and electrical regulations in effect at the time of its construction or installation; (b) Any commercial sign that is not maintained, or is not used to identify or advertise an ongoing business, occupancy, product, good or service available on the site of the sign for more than ninety days; (c) Any unsafe sign; (d) Any legal nonconforming sign that has not been removed following the expiration of any applicable amortization period provided in this code; and (e) Any sign that is in violation of the provisions of Chapter 17.27 (Signs). 28. "Inflatable device" means an object that is filled with a gas, including CO2. 29. "Internal illumination" means the lighting of an object from within the interior so that light rays go through the face of the sign. This does not include a sign with a light source that is attached to the face of the sign and is perceived as a design element of the sign. 30. "Live/work" means a sign that identifies the location of a live/work unit within a mixed-use or similar type development. 31. "Maintenance, normal" means the painting and cleaning of signs and/or the replacement of like parts of a nonstructural nature, e.g., lights, panels, trim pieces and other similar items. 32. Marquee. See "Theatre, marquee." 33. "Mural' means a two-dimensional piece of art which is applied to the flat surface or wall of a building. 34. "Neon" means a light source that is generated by inserting electrical energy into a chemically inert gas. 35. "Noncommercial message" means any wording, logo or other representation that does not directly or indirectly, name, advertise or calls attention to a commercial or industrial business, product, good, service or other commercial or industrial activity. 36. "Noncommercial sign" means a sign that does not name, advertise or call attention to a commercial or industrial business, commodity, product, good, service or other commercial or industrial activity for a commercial or industrial purpose. 37. "Nonconforming" means an advertising structure or sign which was lawfully erected and maintained in conformance with the requirements in effect at the time, and which has subsequently come under new amended requirements and no longer complies with the requirements. 38. "Obscene" means a sign that includes materials that appeal predominantly to a prurient interest in sexual conduct, depict or describe sexual conduct in a patently offensive way, and lack serious literary, artistic, political, or scientific value. 39. "Off-site billboard" means a sign identifying a use, facility, service or product that is not located, sold or manufactured on the same premises as the sign. 40. "On-site sign" means any sign which directs attention to an occupancy, business, commodity, good, product, service or other activity conducted, sold or offered upon the site where the sign Page 16 is maintained. For the purposes of this title, all signs with noncommercial messages are deemed to be "on-site," regardless of location. 41. Pennants. See "Flags, banners or pennants." 42. "Permanent" means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises. 43. "Primary street frontage" means the primary street frontage is the most prominent public right- of-way as related to a lot of record. 44. "Private information" means signs that are required or permitted by law to be posted, or signs displayed on private property that are intended to preserve and protect public health, safety and general welfare. Examples include, but are not limited to: beware of dog signs, no soliciting signs, and no trespassing signs, 45. "Portable" means an "A" frame sign or other sign attached to a devise used to allow the sign to be rolled or moved around. 46. "Projecting" or "suspended" means a sign, other than a wall sign, that is suspended from or supported by a structure attached to a building and projecting outward from the building. 47. "Public information" means a sign that has been displayed by a federal, state or local agency for the purpose of protecting public health, safety and general welfare. 48. "Real estate" means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent or directing people to a property, and does not include temporary subdivision signs. 49. "Roof' means a sign mounted on the roof of a building or supported entirely by the building and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof. 50. "Sign area" means the surface of a sign. 51. "Sign face" means that portion of a sign intended to be viewed from one direction at a time. 52. "Sign height" means the vertical distance from the lowest point of the base of the sign to the highest point of the structure, where the lowest point of the base of the sign structure does not include fill, planters or other materials that artificially increase the sign height. 53. "Sign program" means a process for reviewing and approving nonresidential or mixed use signage for larger sites and buildings, and for properties with multiple tenants for the purpose of ensuring aesthetic compatibility and equitable signage area. 54. "Sign structure" means the supporting framework or bracing of a sign and incidental to the sign display. 55. "Subdivision" means a sign that identifies a subdivision project with units for sale. 56. "Temporary" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage, including but not limited to: construction and subdivision signs, campaign signs, real estate signs, and special event signs. 57. "Theatre marquee" means a sign that is attached to or otherwise made part of a permanent roof -like structure and projects beyond the building wall in the form of a large canopy to provide protection from the weather. 58. "Three-dimensional' means a sign that has a relief image on its surface that exceeds six inches. 59. "Time/temperature" means the area of any time and/or temperature device incorporated into a sign shall not be included in the calculation of total sign area. Page 17 60. "Unsafe sign" means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. 61. "Vehicle" means a sign that is used or intended for use as a portable sign and is towed or affixed to a vehicle and used to display commercial or noncommercial messages primarily for advertising purposes unrelated to the principal use of the vehicle. 62. "Wall' means a sign that is attached or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall. 63. "Window" means a sign posted, painted, placed, or affixed on the interior or exterior of a window exposed to public view, and includes an interior sign that faces a window exposed to public view and is located within two feet of the window. This definition does not include window displays of merchandise offered for sale, so long as such displays are located more than two feet from the window on the interior. "Single-family residential": See "dwelling, single-family, attached or detached." "Single -room occupancy (SRO) living unit facility" means a residential development containing secure rooms, of a smaller size than normally found in multiple dwellings, which are rented to a one or two person household. SRO living units are provided for a weekly or monthly period of time, in exchange for an agreed payment or a fixed amount of money or other compensation. "Single -room occupancy (SRO) residential hotel" means a commercial facility with individual secure rooms which are rented to a one or two person household. SRO residential hotels are provided on a daily, weekly, or monthly basis, in exchange for an agreed payment of a fixed amount of money or other compensation. "Site": See 'lot." "Site area": See "lot area." "Slope" means the vertical distance divided by the horizontal distance. "Spa": See "bath house/spa." "Specific plan" means a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the Rohnert Park general plan and the provisions of Chapter 17.06, Article VIII of this title and Government Code Section 65450 et seq. "Stable, commercial" means housing for horses owned and used by someone other than the occupant or owner of the residence and including related shows, lessons, clinics, and similar activities. "Stable, private" means housing for horses owned by the occupant or owner of the residence. Raising, feeding, maintaining and breeding of not more than one horse per twenty thousand square feet of site area. "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If there is no floor above it, then the space between such floor and the ceiling next above it shall be considered a story. "Street" means any thoroughfare, alley, way, boulevard, or road, either public or private, which is used or is to be used for access to abutting land. "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. "Structure, accessory": See "accessory building or use." "Structure, attached": See "attached structure." Page 18 "Student tenant" means an individual who is enrolled or has made application to and been accepted at a university, college, or trade school and who is residing in a dwelling unit governed by this ordinance. "Supportive housing" means a residential use that provides housing with no limit on length of stay to adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people. Supportive housing is linked to on-site or off-site services that assist the tenants with the retention of the housing, improving his or her health status, and maximizing their ability to live and, when possible, to work in the community. Supportive housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. "Telecom center" means facilities made to house equipment instead of people. "Temporary use/event/building" means a use, event, or building which will be in existence either seasonally or for a period of two years or less. "Townhouse": See "dwelling, single -family, attached." "Trailer" means a vehicle without motor power, designed so that it can be drawn by a motor vehicle, to be used for human habitation or for the transporting of personal property. "Transitional housing" means temporary housing provided for a longer term (generally up to twenty- four months) with varying degrees of support services (e.g., life skills training, financial management, job hunting skills, as well as case management and counseling) to enable homeless persons to successfully transition to and maintain permanent housing. Transitional housing shall be considered a residential use and only subject to those restrictions that apply to other residential uses of the same type in the same zone. "Tree" means any living, woody plant having a single trunk diameter of four inches or more, or a combination of multiple trunks with a total diameter of eight inches or more. The diameter shall be measured at a point 4.5 vertical feet above the undisturbed, natural grade. The diameter is the circumference divided by 3.14. The following six definitions shall apply when implementing Chapter 17.15 (Tree Preservation and Protection): 1. "Alter" means to take an action that could foreseeably diminish the health or vigor of a tree, including but not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching within the root zone of a tree. Alter does not include periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance in accordance with accepted arboricultural standards and practices. 2. "Dripline" means a line drawn on the ground around a tree directly under its outermost branches which locates where rainwater tends to drip from the tree. When depicted on a map, the dripline will appear as an irregular shaped circle that follows the contour of the tree's branches as seen from overhead. 3. "Protected" means and includes any tree which is not exempt pursuant to Section 17.15.030(B) (Exemptions), any tree which was required to be planted as environmental mitigation, or any tree identified by council resolution as having protected tree status. 4. "Relocate" means to move a tree from the place where it is growing and replant it in another location in accordance with accepted arboricultural standards and practices and with the intent and a reasonable expectation that the tree will survive and grow in the new location. 5. "Remove" means the cutting down of a tree or the relocation of a tree in a manner that is not in accordance with accepted arboricultural standards and practices. Page 19 6. Value. The value of a tree shall be determined using the latest edition of the "Guide for Plant Appraisal," published by the Council of Tree and Landscape Appraisers. The appraisals shall be completed on the most recent "Form for Northern California," published by the International Society of Arboriculture (ISA). "Truck terminal" means an area or building where cargo is stored and where trucks load and unload cargo on a regular basis. "Use" means the purpose for which land or premises, or a building thereon, is designed, arranged, intended, occupied or maintained. "Use, accessory": See "accessory building or use." "Utilities, major" means generating plants, electrical substations, switching buildings, refuse collection processing, recycling or disposal facilities, water or waste treatment plants, and similar facilities of public agencies, public utilities, or private companies. "Utilities, minor" means utility facilities that are necessary to support legally established uses and involve only minor structures such as switching boxes, electrical distribution lines and underground water and sewer lines. "Warehousing" means the use of building or buildings for the storage of goods of any type, when such building or buildings contain more than five hundred square feet of storage space and where no or minimal retail is conducted. "Watercourses": See "natural watercourses." "Yard" means open, unoccupied space, other than a court, and unobstructed from the ground to the sky, except where specifically provided by this code, in the lot on which a building is situated. The classifications of yards are: 1. "Front yard" means an area extending across the full width of the lot and lying between the front lot line and the nearest line or point of the main building. Front yards shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. For corner lots, the front yard shall be established as the area extending across the narrowest width of the lot. 2. "Interior yard" means a rear yard or side yard open, surrounded full or in part by structure, effectively separated from vehicular circulation and parking. 3. 'Rear yard" means a yard extending across the full width of the lot between the rear lot line and the nearest line or point of the main building. 4. "Side yard" means a yard between the side or street side line of the lot and the nearest line of the building and extending from the front line of the lot to the rear yard. Page 20 PiBLESTREET "Zero lot line" means the location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on a lot line. pthfic sweet FLT '�e -.:,I "Zoning map" means a map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts. Page 21 Amendments to lists of Permitted Uses (section 17.06.060 and section 17.06.100) 17.06.060 - Permitted uses. The following is a list of land uses and the commercial districts within which they are permitted as follows: P = permitted C = conditionally -permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirements shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category C-0 C N C-R District District I District Appliance Repair Service Antique Store P j P _._ .................... _.-w _ ....... ......... _ .______ _ ...... _ ............................. ..... ._................................ .._.. _ ..............— Arcade Games/Cybercafes (B) P/C P/A P/A _._._.. _ .......... _......m._ ....... .... . _. .............. . _ Automobile Service Station (C) C �C Bakery (Retail Sales) P(I) P P Page 22 Bank/Savings & Loan/Credit Union (see Drive -Through Windows) (1) �P P P Bar/Nightclub (R) C ............. . --------- .._.. ---- _ _ _.................... ... _ ._........... ........... ........ .................................. _ Barber/Beauty Shop/Tanning Salon _; _ �P(l) P 1P Bath House/Spa 1C �C Bed and Breakfast Inn (D) C ...... ............................ ........... ......................... .......... _ ................. ................. ....__.,_...._... e ....... . Billiards Parlor (R) ....... .. �C _.. _.......... ...... ... _. _._. _ _ _.._._.m__ _.. _ _.__.. ------ _....... .... Broadcasting Studio ... . . �C C Car Title Loan Business __..... .__._.......... ._........ -_____........... Car Wash C C E Check Cashing Store P Clubs & Lodges i iC C �C _... ......... ............... .......... _...... .... ._........................... ............... ..... ...... ................. ....... ......_...... .._................ Commercial Filming Studio __ P _. _.._... C Communication Facility (F) �C/A C/A C/A Convention Center 1C C Cultural Institution (e.g. museums) C C(C Day Care Center (Non -Residential) �C l C �C Drive -Through Window (any use) (1) �C ............ ........ ...................... ................................... ........ ......... ......... . ......_ .. Drive -Through Window (pharmacy) (1) ............ . f C C .......... C i Dry Cleaning Outlet ? P P P ._....�... .._ �. _ _ .. __ _ ..._._. ___...................... �..... _ Firearm Dealers and Firearm Ammunition Dealers (J) l _._ . __...__.._ I ....._......___ -C Page 23 P P A Is U, P C Page 24 * In conjunction with a medical, dental or optical use �P(1) P(I) �P(I) * As a primary use P ............................_._ ...................... ,....... ..... ._..-.._... Laundromat _.. ............. � P ­ ..... ..__ .. _._� ._�_� . _ . � .- ...____................ __._�.................... .. Liquor Store (Off-Sale) (R) �_ C �C Live Entertainment C C _..._._._............... I._.._.11..........1.1.............._.._.......................................................................e................._....................................._.........._...__........... ................. Live/Work (P) ................. _. ..w................. C �C .. ....... .. _.... _.. _...... ........ ._.__.. _._ Massage Therapy (see Chapter 8.36) __�. - --- _..____ P 3 P s P ii Medical Clinic �P P �P _. �_..�_�_.�e........_....��. .__._��� .. ... ........ ........ ........ ........... ...._.... ................ .............. ........ .... .... . Microbrewery with restaurant �C -------�_w._ _.._�. C Nursery (Horticulture)P I i _.... _ .. _ .__._.., , . ___ .Office _ _... .__... .�..._ ._ * Professional and Administrative .. _..... �P P _._�._ ....�.. * Medical and Dental P P I�P P Paint Store --- ----------- A �P _...... __... _._.... Parking Lot (Commercial) . ....... �A .. C ..... A __.._._ Pawn Shop C Payday Loan Establishment ... . .................i Pharmacy (see Drive-Through Window) (1) (Does not include a Medical ............................ P(I) P P Marijuana Dispensary, which is a prohibited use within the City.) Photography Studio l P ( P Page 25 Printing & Blueprinting ...........------ ........ ..... . ------- ......-_.._.. _ _.m_ * Small Copy Center _..___ .......__ _ .. P P _..._. _.._._... P .._.......... _... . ..... .................. .................... ..W . __ .................. _ .... _. __. * Print Shop ___ 11 ............. ._. P P Private/Public Utility Facility (F) ...... �_.. . ............ ... .......... * Minor Z/C Z/C �Z/C * Major �C C C - ------­----- ....__----... ..... ._------ ............. Public Assembly �A A �A _...__ __.___-. ....... ... ._._._._- .............. __.. _______ .._........ _.._.... Public Facility -Non -city owned or proposed (see also Public Utility) ....__._... ._... C C C ..-....... ....... ........ ........................... .................................. .. ..................... ............... ._..w. . . �..... Public Facility -City owned or proposed (subject to Planning Commission .___w_.... �_- �e_..,,., review �P ...n,_........ P P on referral from City Council) l Recovery Facility j ........ ........... ........ ........ ........... . .......... ............. ................. ......... ......... ............... * Congregate Care/Assisted Living ?C C IC Page 26 P P C C A A P P C P(I) P Ca P P IP Page 27 * Large IP �C Single Room Occupancy Living Unit Facility (Z) A ........ �.........,,,_._,,,_.__, ... ,,,,,,_..___........ .........._...,,,,,,, ..___........,-_....,_ ............. Single Room Occupancy Residential Hotel (Z) �A ........................ Studio (e.g. Dance, Martial Arts) P PP Tailor P(I) F �P Tattoo/Piercing Studio C C ..................._.. _ ... ... _._..... Telecom Center .._ A i .. __,� 1 Temporary Use/Event (EE, see also DD) • Arts & Crafts Show T T T • Circus/Carnival IT T �T • Flea Market/Swap Meet �A A A _... ................ . _ _... _.._.........................._ ......._............ .. _ _ __... ......... • Live Entertainment _.._ �A A _... �A .... .�._ -......... ._. -------- .._ .........................................._.._. • Outdoor Exhibit __...�_. T T ___._._...�.... �T • Recreation Event A A A i ...................................... ....... _ ............ .......... ............... • Religious Assembly ..... ....... �A A ¥....... �A • Retail Sales IT T �T __........_............ • Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) �T IT (T ..... ......... .............................. ...._. • Trade Fair ......... T T ...'..... T __----- _ .-__ Theater Thrift Shop 1P P �P Page 28 I -L Uses 17.06.100 - Permitted uses. The following is a list of land uses and the Limited Industrial district within which they are permitted as follows: P = permitted C = conditionally -permitted by planning commission A = administrative permit Z = certificate of zoning compliance T = temporary conditional permit I = uses allowed as incidental to a primary use Uses involving chemicals may also be subject to requirements regarding hazardous materials (footnote 11), in which case more restrictive requirement shall apply. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category I -L District Adult Business (subject to the provisions and limitations of Chapters 8.37, 8.38, and 8.39) (A) iC Agricultural Processing (includes viticulture) C Agricultural Services jA Aircraft Related Industry i A Animal Hospital/Veterinary Clinic A Page 29 Ambulance Service 'A Appliance Repair Service P r_........_..__.. .__..r........- --- ............_._.... _...._........... Auto Parts Sales & Installation iP I Automobile Service Station (C) C Beverage Bottling Plant P _....._..__..._.................................................................................. _.we_....__....�..._........_..... _._._�_.....�..�_�W.........._.................................._w..............._........_......._..__.............................�.;_..........._ Boat, RV, and Outdoor Storage Facility (E) 1C Boat Building P _._............__---- ____.__...........__...._.._........... ............ ._-- --- _._._........ _._—._.... ___ Brewery/Distillery/Winery (R) A .. ..._. .......W............_....... ....e _ ....... _...................... ............... Broadcasting Studio A .......... ....... ... Car Wash P Clubs & Lodges C ..........................._. ..... ........................ ..........._. . ....................... .. _.... 'Commercial Filming Studio P ;Communication Facility (F)C/A ....... ........ ....._..__.__._.M._. __... Contractors' Storage Yard C Convention Center .... C Cooperage P _ ........ ...... ;Cultural Institution (e.g. museums) C :Dairy Products Processing #P I .Day Care Center (Non-Residential) C(I) �_.._.�� - ._ .. _ ..... _ �...._............_.._..�...�.� Dry Cleaning Plant .�.�.. —__ __. iA Page 30 Exterminator P Food Processor ic i _. ._........_..__..._ ._._.......... ................ _................... _--- ------ _� .. ....... ......... Fuel Storage C ............ ._........ _---- ...._.._ _ ___.__.e.. Funeral Parlor/Mortuary fC Health Club 6 P(I) ........... __.............111.._.._.............................._........_................................_.-..........._..__...._......__._.................._......... .... _........ __......_____...................... ..............._..... _................. Household Hazardous Waste Facility ..._�_......... ...... C Household Services/Contractors (e.g. plumbing, painting, electrical, interior decorating) =P Kennel (Commercial) (0)C i Laundries/Linen Supply Service IP __ .�.. ._____. _ _ ______ Light Manufacturing and/or Assembly (Laboratory requirements to Biosafety Levels 1 and 2) ; P Lumber Yard P Massage Therapy (see Chapter 8.36 gP(l) Medical Laboratory A Microbrewery 3 • with restaurant C • ... .. without restaurant � � P ......... _ _.....,,, . . _.. _ _.._..__ ___ .,.,._. Nursery (Horticulture)P ....... ..__.._ ......... .... ......._ .......... ......... .. ....... Office A..._ Parking Lot (Commercial) C i _.._.__._.__....._.........._._..._.__....�......... _..___...-.._..._.............._..__..__.... _._......_._..._.............. _............... - Parcel Delivery Service Page 31 Personal Services • As a Principal Use I A _.............. __.. ....... .......... .. ------------ ___... _. • As an Incidental Use =1 I Photographic Plante i 3 .. ...,........_ __ Printing & Blueprinting P I Private/Public Utility Facility (F) Religious Assembly 1C L Research and Development (Laboratory requirements to Biosafety Levels 1 and 2 only) I P Page 32 Page 33 • Outdoor Exhibit • Recreational Event • Religious Assembly • Retail Sales • Seasonal Lot/Activity (e.g. Christmas trees, pumpkins) • Trade Fair Towing Service/Impound Yard _._........_....__..._._.._______._..._._.. Trucking Terminal (including moving & storage) Upholstery Shop A A A A T T A iA P Page 34 Amendments to Zoning Code Footnotes related to Permitted and Conditionally Permitted Uses (Section 17.07.020) 17.07.020 - Footnotes. The following standards apply to the land use indicated by corresponding number in the zoning district use charts. A. ADULT ENTERTAINMENT. Adult businesses may be permitted in indicated districts only with approval of a conditional use permit and subject to the provisions of Chapters 8.37, 8.38, and 8.39. B. ARCADE GAMES AND CYBER CAFES. (a.k.a. mechanical or electronic games) 1. Computers and/or games may be permitted with approval of an administrative permit and subject to the following provisions. Except that these provisions shall not apply to the following uses: a. Any operation involving three or fewer computers and/or mechanical or electronic games, except where such computers and/or games provide the main or primary source of income for the proprietor thereof; b. The operation or maintenance of such computers and/or games within recreational enterprises, such as bowling alleys or poolrooms, where a use permit has already been obtained for a recreational use; and c. Premises or operations licensed by the Department of Alcoholic Beverage Control of the state for on -sale consumption of alcoholic beverages, excepting therefrom any such premises or operations that lawfully permit minors, such as bona fide public eating -places. It shall be unlawful for any proprietor to install, operate, or maintain to be operated more than three computers and/or mechanical or electronic games without first having obtained a use permit. 3. The permit shall be conspicuously posted at the location of the computers and/or games in the premises and shall not be removed during the period for which the license was issued. In cases where the computers and/or mechanical or electronic games occupy more than fifty percent of the premises' customer floor space, or account for fifty percent or more of the premises' gross revenue, or where ten or more such computers and/or games are proposed, the use permit shall be referred to the council for final approval pursuant to the provisions of this ordinance. The use permit shall state the number of computers and/or games, and the use of additional computers and/or games shall require a new or modified permit. 4. Applicants for administrative permits shall undergo a background check by the Department of Public Safety. The permit may be denied if the applicant has been convicted of a crime which has relevance to the operation of the premises. 5. No such administrative permit shall apply to any premises other than the location originally approved. Upon change of ownership, the new owner shall receive clearance from the Department of Public Safety; however, no other use permit proceedings shall be required for such transfer if the new owner received police clearance. 6. There shall be a minimum of one adult employee managing the cyber cafe or arcade during all operating hours. If the business has more than twenty computers, one additional adult employee shall be added for every additional twenty computers, or fraction thereof. Employees managing the operation shall be required to wear a badge identifying the business, the employee's full name, and the employee's title. 7. Patrons shall not become a nuisance to the properties within the immediate vicinity. Page 35 �. It shall be unlawful for any proprietor of a computer and/or mechanical or electronic game to cause, permit, or allow such computers and/or game to be located, operated, or maintained to be operated within five hundred feet of the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades, such distance to be measured from such entrance or exit in the most direct line or route on, along, or across such street or streets adjacent to such public playground or public or private school of elementary or high school grade. D. Hours of operation shall be limited to between 8:00 a.m. and 10:00 p.m. Sundays through Thursdays and between 8:00 a.m. and 12:00 midnight on Fridays and Saturdays. No minors shall be allowed in the facility between 8:30 a.m. and 3:30 p.m. on regularly -scheduled school days. 10. "No loitering" signs shall be posted at the front and rear of the operation. A waiting area shall be provided for customers waiting to use the facility, at a ratio of one seat for every eight computers/games, with no fewer than four seats to be provided. No waiting outdoor of the facility shall be permitted and patrons shall not be allowed to become a nuisance to the properties within the immediate vicinity. 11. All windows shall be kept clear of any item or tint that would obscure views from the exterior into the operation. 12. Adult-oriented internet sites shall be prohibited unless the business has an adult business permit issued under Chapter 8.37. 13. No such administrative permit shall apply to any premises other than the location originally approved. Upon change of ownership, the new owner shall receive clearance from the Department of Public Safety; however, no other use permit proceedings shall be required for such transfer if the new owner receives police clearance. (No proposed changes to C (Automobile Service Station) through I (Drive-through Window] FIREARM DEALERS AND FIREARM AMMUNITION DEALERS. 1. Firearm dealers and firearm ammunition dealers may be permitted in indicated districts only with approval of a conditional use permit and subject to the following provisions. Except, these provisions shall not apply to the following uses: Dealers that sell five or less firearms per year. b. Retail establishments where the sale of firearms is incidental to the primary business (i.e., less than five percent of the floor area is devoted to the sale, display and storage of firearms; e.g., sporting goods store or big box retailer). 2. The words and phrases "firearms" and "firearm dealer" shall be defined as set forth in Chapter 9.92, Retail Firearms Dealers, of this code. The words and phrases "firearm ammunition" and "firearm ammunition dealer" shall be defined as set forth below: a. "Firearm ammunition" means any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of firearms, and any component thereof. b. "Firearm ammunition dealer" means any person engaged in the business of selling, leasing, or transferring of any firearm ammunition, or the preparation for such conduct of business, as evidenced by the application for or securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling, transferring, or leasing of any firearm ammunition; or the selling, transferring or leasing of firearm ammunition in quantity, in series or in individual transactions, or in any other manner indicative of trade. Page 36 3. The planning commission may approve a conditional use permit for a firearm dealer or a firearm ammunition dealer, provided that the use conforms to any and all applicable use permit or other criteria set forth in the particular zoning district regulations, and to all of the following criteria: a. The dealer in firearms or dealer in firearm ammunition shall not be located within two hundred fifty feet of the exterior limits of: (1) any premises occupied by a public or private day care center, family day care home, or school; (2) a public park, recreation center or other similar public property at which children regularly congregate; or (3) any premises occupied by a dealer in firearms, a business engaged in whole or in part in the retail sale of any alcoholic beverage whether for onsite or off-site consumption, massage establishments as defined in Chapter 8.36.010 of this code, or an adult business, as defined in Section 8.37.020 of this code. All distances referred to in this subsection shall be measured between the closest points of the exterior property lines or area boundaries of the parcels or areas involved, except that when a dealer in firearms subject to the provisions of the chapter occupies one unit of a multi -unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied. b. Prior to the commencement of operation of a firearm dealer and at all times thereafter, the firearm dealer shall have a valid and current license from the Department of Public Safety pursuant to Chapter 9.92 of this code and shall be in full compliance therewith; c. Prior to the commencement of operation of a firearm dealer or a firearm ammunition dealer and at all times thereafter, compliance with all of the following requirements: (1) adequate security measures to secure the premises where the firearms or firearm ammunition is sold and/or stored, subject to approval of the director of public safety or designee; (2) storage of firearms and firearm ammunition at all times in a secured locked location so that access is controlled by the dealer or employee, representative or agent thereof to the exclusion of others, with the adequacy of such storage methods subject to the approval of the director of public safety or designee; (3) storage of ammunition and other firearms -related merchandise classified as hazardous materials shall be subject to the approval of the fire marshal or designee; (4) the firearm dealer and the firearm ammunition dealer at all times shall maintain in full force and effect all required federal, state and local licenses and/or permits. [No proposed changes to K (Hazardous Materials) through HH (Condominium Conversions] Page 37 Exhibit B Chapter 8.36 MASSAGE BUSINESS AND ESTABLISHMENTS, MASSAGE PROVIDERS, AND MASSAGE THERAPISTS 8.36.010 Definitions. For the purposes of this chapter, the following words and phrases will have the meaning set forth in this section: "Employee" includes independent contractors. "Massage" or "massage therapy" means the application of various techniques to the muscular structure and soft tissues of the human body, including but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation. "Massage business or establishment" means a business or establishment, including a sole proprietor or independent contractor, that offers massage therapy within the city, whether at a fixed place of business or at a location designated by the patron, and also includes all businesses or establishments where massage therapy is provided as an ancillary service such as clubs, gyms, day spas and professional offices where such massage therapy is not otherwise exempt under this chapter. "Massage provider" means any person who has been certified as a massage provider and maintains a current and valid CAMTC certificate under the Massage Therapy Act. "Massage therapist" means any person who has been certified as a massage therapist and maintains a current and valid CAMTC certificate under the Massage Therapy Act. "Massage Therapy Act" means Chapter 10.5 of Division 2 of the California Business and Professions Code (beginning at Section 4600). "CAMTC" means the "California Massage Therapy Council" created under the Massage Therapy Act. "CAMTC certificate" means a current and valid certificate issued by the CAMTC to a massage provider or a massage therapist. "Owner" means (1) a sole proprietor of, (2) a general partner of, or (3) each individual person who holds a twenty percent or greater ownership interest in, a massage business or establishment. "Outcall massage therapy" means the performance of massage therapy at a location designated by the patron and not at a fixed location massage business or establishment. "Approved school" means an institution that provides massage therapy education and training as such term is defined in Section 4601 of the Massage Therapy Act. "Specified criminal offense" means: (a) Within five years of the date of the filing of the application has pleaded guilty or nolo contendere to, or been convicted in a court of competent jurisdiction of a misdemeanor or felony crime involving sexual misconduct, including but not limited to (1) Chapter 1 of Title 9 of the Penal Code (Sections 261 -269) relating to sexual crimes; (2) Chapter 8 of Title 9 of the Penal Code (Sections 314-318.6) relating to indecent exposure, obscenity and disorderly establishments; or (3) Penal Code Section 647(a) or (b) relating to prostitution; or (b) Any similar offenses under the criminal code or penal of this state or any other states or countries; or (c) Having permitted, through an act of omission or commission, an employee or agent to engage in any type of moral turpitude or sexual misconduct offense listed in (a) or (b) above (the conduct of the employee or agent, if such resulted in a conviction or a plea of nolo contendere or guilty, will be considered imputed to the principal). 8.36.020 Required CAMTC certificate and business license. A. Massage Businesses and Establishments. 1. No person may engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in any location within the city, a massage business or establishment unless all persons providing massage therapy at or on behalf of the massage business or establishment obtain and maintain a valid CAMTC certificate except as provided in subsection (C) below. 2. Each massage business or establishment operating within the city must obtain and maintain a massage business license as provided in Section 8.36.040. B. Massage Therapy. No person may engage in, conduct, carry on, or perform massage therapy within the city unless such person obtains and maintains a valid CAMTC certificate, except as provided in subsection (C) below. C. Grace Period. Any person previously licensed, pursuant to Chapter 9.80 of this code, to provide massage services within the city as of the effective date of this ordinance but not holding a CAMTC certificate may continue to practice massage therapy within the city until July 9, 2016. Following this date, no person may engage in, conduct, carry on, or perform massage therapy within the city unless such person has obtained and maintains a valid CAMTC certificate. 8.36.030 Exceptions. The requirements of this chapter do not apply to: A. Any physician, surgeon, chiropractor, osteopath, naturopath, podiatrist, acupuncturist, physical therapist, registered nurse or vocational nurse duly licensed to practice their respective profession in the state. B. Any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the California Business and Professions Code or any other law of the state. C. Barbers, cosmetologists, estheticians, and manicurists licensed to practice their respective profession under the laws of the state while performing activities within the scope of their license, provided that such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons. D. State -licensed hospitals, nursing homes, and other state -licensed physical or mental health facilities and their employees. E. Persons who provide massage therapy to athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within the city. P. Registered schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor. 8.36.040 Massage business license. A. License Required. The owner of each massage business or establishment, and any massage provider or massage therapist that desires to work as an independent contractor at a fixed location massage business or establishment or who desires to provide outcall massage therapy as an independent contractor, must obtain a massage business license prior to commencing operation or providing any massage therapy and must thereafter maintain a valid massage business license. B. License Application. The application for a massage business license will be made in conjunction with the application for a business license and tax under Title 5 of this code. Each applicant for a massage business license must provide the following additional information with the application: 1. Business, occupation or employment history of the owner for the three years immediately preceding the date of the application. 2. The business license history of the owner, including whether such person, in previously operating in this city or another city or state under license, has had such license revoked or suspended, and the reason for such action. 3. Whether the owner has been convicted of or permitted any specified criminal offense. If an owner does not have a CAMTC certificate, then the owner must obtain a Live Scan background check. 4. The names and addresses of each massage provider and massage therapist providing massage therapy at or on behalf of the business or establishment and proof that each such provider or therapist has a CAMTC certificate or equivalent as set forth in section 8.36.020 (C). 5. Such other reasonable identification and information as the chief of police may require in order to discover the truth of the matters required to be set forth in the application. C. Issuance or Denial of License. 1. Upon receipt of a complete application, the chief of police will cause: (a) the inspection of the proposed premises of any fixed location massage business or establishment, and (b) the massage business license to be issued if all applicable requirements of this chapter and this code are satisfied. 2. If the chief of police finds that any of the applicable requirements of this chapter or this code are not satisfied, including any conviction for or the permitting of a specified criminal offense, or that the applicant has provided materially false information, the application will be denied. 3. The decision of the chief of police denying the massage business license application may be appealed pursuant to the procedures set forth in Section 8.36.090 of this code. D. License Renewal. 1. A massage business license will automatically renew with the renewal of the business' or establishment's annual business license and tax renewal under Title 5 of this code, provided that all applicable requirements of this chapter and this code remain satisfied, and the applicable business license renewal fee is paid. 2. For persons who are massage therapy sole providers or independent contractors, their massage business license will expire at the time of expiration of their CAMTC certificate unless they renew their massage business license by providing proof of the renewal of their CAMTC certificate and pay the applicable massage business license renewal fee. E. Transfer of License Prohibited. Upon the sale or transfer of any interest in a massage business or establishment, the business license will become void. The person acquiring the interest in a massage business or establishment must submit a new massage business license application and receive approval of such license in accordance with the provisions of this section. F. Notification of Changes in Registered Massage Providers and Therapists. Each licensee must submit to the Finance Department the names and applicable CAMTC certificate of any new massage providers or massage therapists not previously included in the list required under subsection (13)(4) above who are hired or retained to provide massage therapy at or on behalf of the business or establishment prior to such person commencing the provision of any massage therapy services. In addition, any discharge or termination of the services of a massage provider or massage therapist must be reported to the Finance Department within five business days of such event. G. Revocation of License. A massage business license may be revoked pursuant the procedures set forth in this Chapter. H. Effect of License Denial or Revocation. No person may apply for a license under this chapter within at least one year from the date of denial or revocation of such license. 8.36.050 Massage facilities and operational regulations. A. Facility Requirements. Each fixed location massage business or establishment must comply with the following facility requirements: 1. A recognizable and legible sign complying with the requirements of this code posted at the main entrance identifying the location as a massage business or establishment. 2. In addition to the minimum lighting required by the provisions of Title 15 of this code, at least one artificial light of not less than 40 watts must be provided in each room or enclosure where massage therapy is to be performed on patrons. 3. Closed cabinets must be provided and utilized for the storage of clean linen and towels. Appropriate receptacles must also be provided for the storage of all soiled linen and towels. 4. Adequate dressing, locker and toilet facilities must be provided for patrons. A minimum of one dressing room containing a separate locker for each patron to be served, which locker must be capable of being locked, and a minimum of one toilet and one wash basin must be provided by every massage establishment. Such basin must provide soap or detergent, hot and cold running water, and sanitary towels placed in permanently installed dispensers at all times. 5. Massage table or chair. A massage table or chair must be provided in each massage room and the massage must be performed on this massage table or chair with the exception of "Thai," "Shiatsu" or similar forms of massage therapy, which may be provided on a padded mat on the floor. The massage tables must be positioned so that there is at least three feet from the nearest wall to each side to allow access to the table on all sides. Foam pads at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table or floor pad, as provided above, and must be covered with durable, washable plastic or other waterproof material. Beds and floor mattresses are not permitted on the premises. B. Operational Requirements. Each fixed location massage business or establishment and any massage business or establishment providing outcall massage therapy, must comply with the following operational requirements, as applicable: 1. General Cleaning. All walls, ceilings, floors, pools, showers, bathtubs, steam rooms and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, and toilet facilities must be thoroughly cleaned each day the business is in operation. Bathtubs must be thoroughly cleaned after each use. (Not applicable to outcall massage therapy.) 2. Towels and Linen. Clean and sanitary towels, sheets and linens must be provided in sufficient quantity. Towels, sheets and linens must not be used by more than one person. Reuse of such linen is prohibited unless such linen has first been laundered. Heavy white paper may be substituted for sheets; provided, that such paper is used once for each person and then discarded into a sanitary receptacle. 3. Patron Garments. All bathrobes, bathing suits or other garments provided for the use of patrons must be either disposed of after any use or laundered as provided in subsection (13)(2) above. 4. Locked Doors. All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, except in the case of sole proprietorships with no employees (Not applicable to outcall massage therapy). 5. Service List and Prices. Each massage therapy service offered, the price of the service and the minimum length of time such service will be performed must be posted in a conspicuous public location in each massage business or establishment. The services must be described in readily understandable terms, all letters and numbers must be not less than one inch in height, and must be in English and such other languages as may be convenient to communicate such services. No services may be performed and no suns may be charged for such services other than those posted. All arrangements for services to be performed must be made in a room in the massage business or establishment that is not used for massage therapy unless no other room exists in the business or establishment. (Not applicable to outcall massage therapy.) 6. Register of Employees. Every massage business or establishment must maintain a register of all employees. The register must contain the names of all employees, their home address, age, birth date, gender, height, weight, color of hair, eyes, telephone number, social security number, date of employment and termination, if any, and the duties of each employee. All such information must be maintained in the register for a period of two years following such employee's termination. Such employee register must be available for inspection at the massage business or establishment to representatives of the city during regular business hours. 7. Provider and Therapist Attire and Hygiene. To protect patrons from potential health and sanitary hazards, all massage providers and therapists must be clean and must perform all services in full, clean outer garments. Clothing must be of non -transparent material and must provide complete covering from mid-thigh to three inches below the collarbone. 8. CAMTC Certificate. All massage providers and therapists must have on his or her person or maintain on the premises their CAMTC certificate identification card or equivalent document showing eligibility to practice under the provisions of section 8.36.020 (C). Such identification card must be provided to city officials upon demand. At least one person who has a CAMTC certificate or section 8.36.020 (C) document must be on the premises at all times while the business or establishment is open for business. 9. Patron Attire. The patron's genitals, pubic area, anus and a female patron's breasts below a point immediately above the top of the areola must be fully draped at all times while any massage provider or therapist is in the massage therapy room or cubicle with the patron. 10. Improper Solicitation or Performance of Services. Except to the extent required, in writing, by a state licensed medical provider, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron. No massage provider, therapist, or other person may offer to or perform any act of prostitution as such term is defined in the California Penal Code. No massage provider, therapist or other person may, after the commencement of any service for any patron, advise, suggest or otherwise indicate to such patron that any additional service is available or ask or inquire of such patron whether such patron desires any additional service to be performed at that time, except with respect to services that are publicly posted. (This regulation does not preclude the discussion with a patron in the lobby or public area of additional or alternative massage services that are not posted upon completion of the massage.) No massage provider or massage therapist may perform any service for any patron that was not ordered by such patron prior to the commencement of performance of any service requested. 11. Records of Treatments. Each massage business or establishment must keep a record of the date and hour of each treatment, the name and address of the patron, and the name of the massage provider or therapist administering such treatment. Such records must be available for inspection by city representatives for the purposes of law enforcement and for no other purpose. Identical records must be kept for outcall massage therapy services and, in addition, must describe the address where such services were rendered. The records must be maintained for a period of at least two years. 12. Access. The following persons may be allowed beyond the front lobby, located directly inside the front door entrance during hours of operation: (i) massage providers and massage therapists; (ii) patrons, who may be accompanied by no more than one family member; and (iii) visitors of massage providers and therapists; provided that such visitor's access is limited to the designated office of the massage business or establishment. Any other persons found beyond the first interior door leading to the inside of the premises including, but not limited to hallways, massage rooms, reception/business offices or lounge area will be a violation of this chapter. Nothing contained in this subsection prohibits any employee from being present in hallways, reception/business offices or other areas necessary or relating to such person's employment duties, nor prohibit any authorized repair, maintenance or service personnel from being present in areas necessary to the performance of such person's services, except that no such employee or service personnel may be permitted in any massage room or cubicle while a patron is present in such room or space. 13. Licensee Responsibility. Each owner and holder of a massage business license is responsible for the conduct of all employees, agents, independent contractors or other representatives, while on the premises of the massage business or establishment and while providing any massage therapy on behalf of such business of establishment. 8.36.060 Inspections. Representatives of the city's development services department and public safety department may, from time to time, make an inspection of each fixed location massage business or establishment in the city during regular business hours for the purpose of determining that all applicable laws are met. 8.36.070 Coordination with California Massage Therapy Council. The chief of police is authorized to report any violations of the Massage Therapy Act or unprofessional conduct by CAMTC certificate holders to the CAMTC. 8.36.080 Revocation of Business License for Massage Business. A. Action of chief of police . Whenever the chief of police is advised that a permittee is conducting operations under a massage business license in a manner which is contrary to the provisions of this code, in a manner which constitutes a public nuisance, in a manner which is detrimental to the public peace, health, safety or welfare of the city or its inhabitants, or whenever the chief of police is advised that a permittee supplied false information on the permit application, the chief of police shall give notice to such permittee of the violation(s) involved and set forth a period of time allowed for the correction of the violation(s) by the permittee if correction is possible. If the chief of police finds that the violation(s) continue without correction, or if correction is not possible, then the chief of police shall issue an order of revocation. B. Orders of Revocation. An order or revocation issued by the chief of police shall contain a statement of the violation(s) which constitute the basis for the order of revocation. The chief of police shall serve the order of revocation on the permittee, as well as any other interested person requesting a copy of the same. The order of revocation issued by the chief of police shall be final and conclusive in the absence of a timely appeal taken in the time and manner set forth in Section 8.36.090. 8.36.090 Appeals. A. Appeals. 1. Right and Timing of Appeal. Any person aggrieved by a decision of the chief of police to deny, revoke or refuse to renew a massage business license may appeal such decision to the city manager by filing a notice of appeal with the city clerk no later than fifteen days following the date the chief of police gives notice of the decision. 2. Payment of Appeal Fee. The notice of appeal must be accompanied by the applicable administrative appeal fee established by city council resolution. 3. Setting Appeal Hearing. Upon receipt of a timely filed appeal, the city manager will fix a time and place for hearing the appeal. The appeal may be heard by the city manager or a hearing officer designated by the city manager. All references in this section to the city manager include a designated hearing officer. 4. Notice of Appeal Hearing. The city clerk shall give written notice of the time and place of the appeal hearing to the appellant, and any other person requesting notice, at least five days prior to the hearing date. 5. Appeal Hearing Procedure. At the hearing, the city manager will review the records and files of the chief of police relating to the decision. The city manager shall permit any interested person, including the chief of police and the appellant, to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, the city manager is not bound by formal rules of evidence and may accept all reasonably reliable evidentiary material. 6. Decision Following Appeal Hearing. Based upon the evidence presented at the hearing, the city manager must determine whether the decision by the chief of police should be affirmed, modified or reversed. The city manager's decision shall be communicated in writing to the appellant within five business days after the hearing is completed and shall state the reasons for the decision. 7. Judicial Review. The determination of the city manager will be final. The written notice of decision shall be sent by first class mail, postage prepaid, including a certificate of mailing. The notice shall advise that any action challenging the decision of the city manager must be filed with the superior court of the state pursuant to Code of Civil Procedure Section 1094.5, and must further advise that the time period within which judicial review must be sought is ninety days following the date of the city manager's written notice under Code of Civil Procedure Section 1094.6. CHAPTER 8.37 ADULT BUSINESS PERMIT 8.37.010 - Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses. It is neither the intent nor effect of this chapter to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market. Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. 8.37.020 - Definitions. As used in this chapter: "Adult arcade" means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as "adult arcade devices." "Adult booth/individual viewing area" means a partitioned or partially enclosed portion of an adult business used for any of the following purposes: (a) Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; (b) Where adult arcade devices are located. "Adult business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult cabaret, adult model studio, adult store, or adult theater, or any combination thereof. It also means any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult cabaret" means a business establishment that features adult live entertainment. "Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: (1) the performer exposes to public view, with opaque covering (e.g., pasties and g-string), specified anatomical areas; or (2) the performance or physical human body activity depicts, describes, or relates to specified sexual activities so long as the specified anatomical areas are covered. "Adult model studio" means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. Adult model studio does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the State of California. "Adult store" means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material. "Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents adult live entertainment, or motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Applicant" means all owners of a proposed adult business applying for an adult business permit under this chapter. "Code enforcement officer" means a person authorized to enforce certain provisions of this chapter. "Director" means the director of the city's development services department or the director's designee. "Establishment of an adult business" means any of the following: (a) The opening or commencement of any adult business as a new business; (b) The conversion of an existing business, whether or not an adult business, to any adult business; (c) The addition of any of the adult businesses defined herein to any other existing adult business; or (d) The relocation of any such adult business. "Hearing officer" means the person designated to hear appeals under Section 8.37.120 or 8.38.060. "Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult Live entertainment. "On-site manager" means any person designated by the owner as responsible for the day-to-day on-site operation of the adult business. "Operate an adult business" means the supervising, managing, overseeing, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises. "Operator" means a person who supervises, manages, oversees, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises. "Owner" means all persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this chapter, each officer and director of a corporation and each stockholder holding more than 5% of the stock of such corporation is deemed to be an owner. "Performer" means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business. "Person" means any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity. "Police chief" means the Director of the Department of Public Safety or his or her designee. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado-masochistic activity or which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Specified anatomical areas" means: (a) Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a point immediately above the top of the areola; or (b) Hunan male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: (a) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; (b) Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy; (c) Acts of human masturbation, sexual stimulation or arousal, actual or simulated; (d) Human genitals in a state of sexual stimulation or arousal; (e) Use of human or animal ejaculation; (f) Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage, or restraints; or (g) Excretory functions as part of, or in connection with, any of the activities listed in (a) to (f) of this definition. 8.37.030 - Permit required. No person may establish or operate an adult business within the city without first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business license from the city. Every adult business permit is subject to the development and operational standards of this chapter and the regulations of the zoning district in which the business is located. The fact that an applicant may possess other types of state or city licenses does not exempt the applicant from the requirement of obtaining an adult business permit pursuant to this chapter. 8.37.040 - Application submittals. (a) Application. Any person desiring to obtain an adult business permit must submit an application to the director on the form provided by the city. The application must list all owners of the proposed adult business who are collectively referred to sometimes as the applicant. The application must also list each designated operator and on-site manager if such persons are not owners. The application must contain the following information regarding the owners, operators and on-site managers, as applicable, and the following items: (1) Name and address. (2) The previous residential addresses of all individuals, if any, for a period of 5 years immediately prior to the date of filing the application and the dates of residence at each. (3) Written proof that all individuals are at least 18 years of age. (4) The history of the applicant as to the operation of any adult business or similar business or occupation within 5 years of the filing of the application. Such information must include a statement as to whether or not each such person, in operating an adult business under a permit or license, has had such permit or license revolted or suspended and the reasons therefore. (5) All criminal convictions or offenses described in Section 8.37.060(b)(11); and whether any individual is required to register under the provisions of Section 290 of California Penal Code or Section 11590 of the California Health and Safety Code. (6) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the individuals. (7) The height, weight, and color of eyes and hair of each individual. (8) Fingerprints and 2 prints of a recent passport -size photograph of each individual. (9) Business, occupation or employment history of each individual for the 5 years immediately preceding the date of the application. (10) A nonrefundable deposit or fee as set forth by city resolution. (11) A narrative description of the proposed business explaining how such business complies or will comply with the applicable development and operational standards specified in Section 8.37.060. (12) A site plan designating the building or unit proposed for the adult business and a dimensional interior floor plan depicting how the business complies or will comply with the applicable development and operational standards specified in Section 8.37.060. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated scale or to an accuracy of plus or minus 6 inches. (13) A lighting plan for all outdoor areas including parking areas. (14) If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the state of California. (15) The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name. (16) If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, or their legally authorized representative, as applicable, must consent to the filing of the application by signing and dating the application. (17) A list of all employees and independent contractors, whether they are performers or non -performers, which includes the employee or independent contractor's legal name, mailing address, and satisfactory proof that each person is at least 18 years of age. (18) A statement in writing and dated by the applicant certifying under penalty of perjury that the information contained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury. (19) Such other information as the director may reasonably deem necessary. (b) Determination of completeness. The director will determine whether the application contains all the information and items required by the provisions of this chapter. If it is determined that the application is not complete, the applicant will be notified in writing within 5 business days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. Within 5 business days following the receipt of an amended application or supplemental information, the director will again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn. The applicant will be notified within 5 days of the date of the application is found to be complete (hereafter "application date"). All notices required by this chapter will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided. 8.37.050 - Review of application. (a) The director will promptly cause the investigation of the application and within 30 days of the application date, either issue the permit or send by certified mail a written statement to the applicant setting forth the reasons for denial of the permit. If the director has not issued a decision on the application within 30 days of the application date, the application will be deemed approved, subject to an appeal under Section 8.37.120. (b) The director may deny a permit for any of the following reasons: (1) An applicant has made one or more material misstatements in the application; (2) That the adult business, if permitted, will not comply with all applicable laws, including, but not limited to, the building, development, fire, health, housing and zoning codes of the city; (3) An applicant or any designated operator or on-site manager has pled guilty, nolo contendere or been convicted within 3 years of the application date of an offense specified in Section 8.37.060(b)(11); (4) An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for cause by any city, county or state within 3 years of the application date; (5) An applicant is under 18 years of age; (6) The applicant failed to pay the filing fee required by this chapter. If the permit is denied, the director must state in writing the reasons for the denial and in the notice to the applicant must reference the applicant's right to an appeal under Section 8.37.120. (c) The decision of the director to issue or deny a permit will be final unless an appeal is timely filed under Section 8.37.120. 8.37.060 - Development and operational standards. (a) Development standards. (1) Zoning compliance. The building in which an adult business is located must comply with all applicable setbacks and parking requirements of the applicable zoning district. (2) Exterior lighting. All exterior areas, including parking lots, of the adult business must be illuminated at a minimum of 1.0 to 2.0 foot-candles, maintained and evenly distributed at ground level with appropriate devices to screen, deflect or diffuse the lighting in such manner as to prevent glare or reflected light from creating adverse impacts on adjoining and nearby public and private properties. Inoperable or broken lights must be replaced within 24 hours. (3) Sound. The premises within which the adult business is located must provide sufficient sound -absorbing insulation so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate unit within the same building. (4) No minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Such notice must be constructed and posted to the satisfaction of the director. No person under the age of 18 years may be permitted within the premises at any time. (5) Open indoor areas. All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times. Adult booths and individual viewing areas are prohibited. (6) Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. This subsection does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material which is not used or viewed on the premises, such as an adult store or adult video store, and which does not provide restroom facilities to its patrons or the general public. (7) Residential conversions prohibited. No residential structure may be converted for use as an adult business. (8) Portable structures prohibited. No adult business may be located in any temporary or portable structure. (b) Operational standards. (1) Hours. No adult business may operate or be open for business between the hours of midnight to 10:00 a.m. (2) Employment of minors prohibited. No owner or operator of any adult business may employ or permit to be employed any person who is not at least 18 years of age. (3) Presence of minors on premises prohibited. No owner or operator of an adult business may allow or permit any person under the age of 18 years to enter, be in or remain in any such business. Operators must determine the age of persons who enter the premises by posting an employee at the entrance to check the driver's license or other authorized identification of each person entering the premises. (4) Screening of interior of premises and display of sexually oriented materials or adult live entertainment. No adult business may be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas, or adult live entertainment, from any public way or from any location outside the building or area of such establishment. This provision applies to any display, decoration, sign, show window or other opening. No exterior door or window on the premises may be propped or kept open at any time while the business is open, and any exterior windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a manner approved by the director. (5) Alcoholic beverages prohibited. No alcoholic beverages may be served, consumed or sold on the premises of an adult business. (6) Illumination. All areas of the adult business must be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level: Area stores and other retail establishments theaters and cabarets arcades modeling studios (7) Security measures. Foot -Candles 20 (except during performances, at which times lighting must be at least 1.25 foot candles.) 10 20 (A) On-site manager. All adult businesses must have a responsible person who is over the age of 18 and is on the premises to act as manager at all times during which the business is open and be given by the owner or operator the responsibility and duty to address and immediately resolve all violations of law taking place on the premises. No performer may serve as an on-site manager. If the on-site manager is not an owner, then the owners must provide the director with the individual background information for such on-site manager set forth in items (1) to (9) of Section 8.37.040 and receive approval for each such on-site manager utilizing the application process under Section 8.37.050 prior to such individual commencing any managerial duties at the premises. (B) Adult businesses must employ state licensed uniformed security guards in order to maintain the public peace and safety, based upon the following standards: I. Adult businesses featuring adult live entertainment and performers must provide at least 2 uniformed security guards at all times while the business is open, irrespective of the number of customers. One such guard must be on duty inside the premises, and one such guard must be on duty in the business' parking facility and exterior proximity until at least 30 minutes after the established closing time of the facility. In addition, a minimum of one uniformed security guard must be on premises for each 50 patrons in attendance. 2. Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct prohibited in this chapter from occurring on the premises. (C) Security guards have a duty to prevent violations of law and enforce compliance by patrons of the requirements of this chapter. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public and must be duly licensed as a security guard as required under state law. No security guard required under this section may act as a door person, ticket seller, ticket taker, admittance person, performer or on-site manager while acting as a security guard. (D) All off-street parking areas and building entries serving an adult business featuring adult live entertainment must be illu ninated during all hours of operation with a lighting system designed to provide at least an average maintained horizontal illumination of 1.5 foot candle of light on the parking surface and walkway. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the adult business for the personal safety of patrons and employees and to reduce the incidence of vandalism and theft. The lighting must be shown on the required site or plot plan. The required lighting must remain on for at least 30 minutes after the closing time of the adult business to promote safety for employees thereof. (E) All off-street parking areas serving an adult business featuring adult live entertainment must have a security system that visually records and retains images of the entire parking area for at least a 72 -hour period for the purposes of promoting safety and identifying illegal activity. (8) [Reserved]. (9) Adult live entertainment--additional operating regulations. The following additional requirements apply to adult businesses providing adult live entertainment: (A) No person may perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least 18 inches above the level of the floor, and surrounded by a 3 foot high barrier or by a fixed rail at least 30 inches in height. A distance of at least 10 feet, measured horizontally, must be maintained between patrons and performers at all times during a performance. No patron may be permitted on the stage while the stage is occupied by a performer. This provision does not apply to an individual viewing area where the performer is completely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier. (B) No performer may have physical contact with any patron, and no patron may have physical contact with any performer, while the performer is performing on the premises. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than 1 inch in size. If necessary, patrons must also be advised of the no touching requirements by employees or independent contractors of the establishment. (C) All employees and independent contractors of the adult business, including performers, must wear at a minimum an opaque covering which covers their specified anatomical areas while on or about the premises. (D) If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least 10 feet from the stage used by the performers. Patrons may not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage. Patrons must be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than 1 inch in size. (E) The adult business must provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers must use. Same gender performers may share a dressing room. Patrons are not permitted in dressing rooms. (F) The adult business must provide an entrance/exit to the establishment for performers that is separate from the entrance/exit used by patrons, and the performers must use this entrance/exit at all times. (G) The adult business must provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a minimurn 3 foot wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. The patrons must remain at least 3 feet away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. (10) Adult theater --Additional operating requirements. The following additional requirements apply to adult theaters: (A) If the theater contains a hall or auditorium area, the area must comply with each of the following provisions: I. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area; 2. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area is visible fi•om the aisle at all times; 3. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area; and (11) No owner, operator, or on-site manager of any adult business may have pled guilty, nolo contendere or been convicted within the past 3 years of any of the following offenses or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b) and (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, as those sections may hereafter be amended. (12) No owner, operator, employee or performer of an adult business may personally solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of the adult business. (13) Every adult business must display at all times during business hours the permit issued pursuant to the provisions of this chapter for such adult business in a conspicuous place so that the permit may be readily seen by all persons entering the adult business. (14) No owner, operator, or on-site manager may permit any person on the premises of the adult business to engage in, nor may any performer perform at such premises, a live showing of any of the following: (a) the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, (b) the female breasts with less than a fully opaque covering over any part of the nipple or areola, or (c) covered male genitals in a discernibly turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered. (15) No performer may be employed, hired, engaged, or otherwise retained by an adult business to participate in or give any live performance without first having a valid adult business performer license issued by the city. 8.37.065 - Prohibited conduct at adult businesses. (a) No person may operate or manage or cause to be operated or managed an adult business knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor: (1) To engage in a lap dance with a patron at the business. (2) To contract or otherwise agree with a patron to engage in a lap dance with a person at the business. (3) To intentionally touch any patron at an adult business while performing adult live entertainment. (4) To voluntarily be within 10 feet of any patron while performing adult live entertainment. (5) To solicit or request any gratuity, payment, or any other form of consideration from a patron on the premises of the adult business while performing adult live entertainment. (b) No person at any adult business may intentionally touch an employee or independent contractor who is performing adult live entertainment at the adult business. (c) No person at any adult business may engage in a lap dance with an employee or independent contractor at the adult business. (d) No person may directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of consideration to a performer at an adult business. No person may use an intermediary, such as an employee or independent contractor to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult business. (e) No performer may engage in a performance or solicit a performance between the hours of midnight and 10 a.m. (0 No employee or independent contractor at an adult business may appear on the premises of the adult business in the nude, seminude, or display or expose specified anatomical areas. 8.37.070 - Permit requirements -- effect of noncompliance. The requirements described in Sections 8.37.060 and 8.37.065 are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this chapter. 8.37.080 - Permit duration. An adult business permit is valid for a period of 1 year from the date of issuance. 8.37.090 - Permit renewal. An adult business permit must be renewed on an annual basis, provided that the owner and the adult business continues to meet all applicable requirements set forth in this chapter. A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least 45 calendar days prior to the expiration of the existing permit. The city will process a request for a permit renewal in the same manner as the original application. 8.37.100 - Permit transferability. No adult business permit may be sold, transferred, or assigned by any owner, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the director stating that the transferee is now the owner. Such an amendment may be obtained only if the transferee files an application with the director in accordance with Section 8.37.040 (including payment of the applicable application fee), and the director determines in accordance with Section 8.37.050 that the transferee would be entitled to the issuance of the original permit. Without such amendment to the permit, any other purported sale, transfer, or assignment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or limited liability company is subject to the same rules of transferability. An adult business permit will be valid only for the exact location specified in the permit. 8.37.110 - Enforcement and revocation. (a) Inspections. All law enforcement and code enforcement officers have the right to enter the premises of an adult business from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this chapter. (b) Revocation grounds. The director may revoke an adult business permit when: (1) Any of the applicable requirements of this chapter ceases to be satisfied; or (2) The application is discovered to contain incorrect, false or misleading information; or (3) An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in Section 8.37.060(b)(11); or (4) On two or more occasions within a 12 -month period, any operator, employee, agent or contractor of the owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in Section 8.37.060(b)(11); or (5) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or (6) The owner, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or (7) The adult business has been operated in violation of any of the requirements of this chapter and; (A) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the owner or operator, or (B) If the violation is of a noncontinuous nature, 1 or more additional violations of the same provision, or 2 or more violations of any other of the provisions, of this chapter occur (regardless of whether notice of each individual violation is given to the owner or operator) within any 12 -month period. (c) Revocation notice. Upon determining that grounds for permit revocation exist, the director will furnish written notice of the proposed revocation to the owner. Such notice must summarize the principal reasons for the proposed revocation and state that the revocation will become effective on the 30th day after the notice was deposited in the U.S. mail, unless the owner files an appeal under Section 8.37.120. The notice must be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail to the owner as that name and address appears on the permit. 8.37.120 - Appeals. (a) Any interested person may appeal a decision of the director regarding an application for revocation of an adult business permit by filing with the city clerk a complete notice of appeal within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by city council resolution. (b) If an appeal is timely filed, the city clerk will cause to be set a date for the hearing of the appeal not more than 30 days from the date the appeal is received. The hearing will be a de novo hearing on the action appealed from. At the hearing, the appellant will have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues. The hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness. (c) The hearing officer will issue written findings and a decision within 10 days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8. (d) The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. 8.37.130 - Reapplication after denial or revocation. (a) Reapplication after denial. An applicant for a permit under this chapter whose application for such permit has been denied may not reapply for a permit for a period of 1 year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of 3 years may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists. (b) Reapplication after revocation. No person may obtain an adult business permit for 3 years from the date any order of permit revocation affecting such person has become final. 8.37.140 - Violations. (a) Any owner, operator, permitee, employee or independent contractor of an adult business violating or permitting the violation of any of the provisions of this chapter regulating adult businesses will be subject to any and all civil remedies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive. (b) In addition to the remedies set forth in subsection (a), any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. (c) The regulations imposed under this chapter are part of a regulatory permitting process, and any violation of this chapter does not constitute a criminal offense. Notwithstanding any other provision of the Rohnert Park Municipal Code, the city does not impose a criminal penalty for violations of this chapter related to expressive activities. 8.37.150 - Regulations nonexclusive. The provisions of this chapter regulating adult businesses are not intended to be exclusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city. CHAPTER 8.38 ADULT BUSINESS PERFORMER LICENSE 8.38.010 - Purpose. The purpose of this chapter is to provide for the licensing of adult business performers in order to promote the health, safety, and general welfare of the city. The intent of the performer licensing provisions are (1) to protect minors by requiring that all performers be over the age of 18 years; (2) to assure the correct identification of persons performing in adult businesses; (3) to enable the city to deploy law enforcement resources effectively; and (4) to detect and discourage the involvement of crime in adult businesses by precluding the licensing of performers with certain sex-related convictions within a prescribed time period. It is neither the intent nor the effect of these regulations to invade the privacy of performers or to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor the effect of these regulations to restrict or deny access by adults to communicative materials or to deny access by the distributors or exhibitors of adult businesses to their intended lawful market. Nothing in these regulations is intended to authorize, legalize, or permit the establishment, operation, or maintenance of any business, building, or use which violates any city ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or the exhibition or public display thereof. 8.38.020 - Definitions. The definitions contained in the Chapter 8.37 of this code also apply to this chapter with the following additions: "Licensee" means a person who is issued an adult business performer license under this chapter. 8.38.030 - Adult business performer license required. (a) No performer may be employed, hired, engaged, or otherwise retained by an adult business to participate in or give any performance of adult live entertainment without first having a valid adult business performer license issued by the city. (b) The director is responsible for the processing, investigation and issuance of adult business performer licenses in accordance with this chapter. (c) License applicants must file a license application or renewal application on a form provided by the city. At minimum, this application form will contain the following information: 1. The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant. 2. Principal place of residence. 3. Age, date and place of birth. 4. Height, weight, hair and eye color and tattoo descriptions and locations. 5. Each present or proposed business address and telephone number of the establishments at which the applicant intends to work. 6. Driver's license or identification number and state of issuance. 7. Social security number. 8. Satisfactory written proof that the license applicant is at least 18 years of age. 9. The license applicant's fingerprints on a form provided by the city and two passport -size photographs clearly showing the applicant's face. Any fees for the photographs and fingerprints will be paid by the applicant. Fingerprints and photographs must be taken within 6 months of the date of application. 10. Whether the applicant, has pled guilty, nolo contendere or been convicted of an offense classified by this or any other state as a sex-related offense within 5 years since the date of conviction or the date of release from confinement of conviction to the date of application, whichever is the later date. 11. If the application is made for the purpose of renewing a license, the applicant must attach a copy of the license to be renewed. (d) The information provided above in subsection (c) which is personal, private, confidential or the disclosure of which could expose the applicant to the risk of harm including, but not limited to, the applicant's residence address, telephone number, date of birth and age, driver's license and social security number will not be disclosed provided such nondisclosure is in accordance with the California Public Records Act. (e) The completed application must be accompanied by a non-refundable application fee and annual license fee. The amount of such fees will be as set forth in the schedule of fees established by city council resolution. (f) The director will determine whether the application is complete within 2 business days. If the director determines that the application is incomplete, the director must immediately inform the applicant of such fact and the reasons therefor, including any additional information necessary to render the application complete. Upon receipt of a completed adult business performer application, the director will, within 2 business days, issue a temporary license that will automatically expire 30 business days from the date of issuance unless extended as provided in Section 8.38.040(d). This temporary adult business performer license authorizes a performer to commence performance at an adult business that possesses a valid adult business permit authorized to provide adult live entertainment. (h) The fact that a license applicant possesses other types of state or city permits or licenses does not exempt the license applicant from the requirement of obtaining an adult business performer license. 8.38.040 - Investigation and action on license application. (a) Upon submission of a completed application and issuance of a temporary adult business performer license, the director will promptly cause the investigation of the information contained in the application to determine whether the applicant should be issued an adult business performer license. (b) The director's decision to grant or deny the adult business performer license must be made within 30 business days from the date the temporary license was issued. If the application is denied, the director must include a written statement of the reasons for the denial. Such notice must also advise the applicant of the right to appeal the denial under Section 8.38.060. If the application is granted, the director will attach the adult business performer license to the notice. The decision will be mailed or personally delivered to the applicant at the address provided in the application. (c) The director may deny the application based on any of the following grounds: 1. The applicant has made any false, misleading, or fraudulent statement of material fact in the application for an adult business performer license. 2. The applicant is under 18 years of age. 3. The adult business performer license is to be used for performing in a business prohibited by laws of the state or city or at a business that does not have a valid adult business permit. 4. The occurrence of any of the events set forth in Section 8.38.030(e)(10). (d) If the director fails to render a decision on the license within the time frame established by this section, the application will be deemed approved, subject to an appeal under Section 8.38.060. (e) Each adult business performer license, other than the temporary license described in Section 8.38.030(f), will expire 1 year from the date of issuance and may be renewed only by filing with the director a written request for renewal, accompanied by the annual license fee and a copy of the license to be renewed at least 30 days prior to the expiration of the license. If the application conforms to the previously approved application and there has been no change with respect to the licensee being convicted of any crime classified by this or any other state as a sex-related offense, and no evidence that the licensee has failed to comply with any of the operating standards of chapter 8.37 applicable to a performer or the requirements of this chapter, the director will renew the license for 1 year. An application for renewal will be acted upon in the same manner as the application for the original license. If the director denies renewal of the application, that decision is also appealable under Section 8.38.060. 8.38.050 - Revocation of license. (a) A license may be revoked, based on any of the following causes arising from the acts or omissions of the licensee: 1. The licensee has made any false, misleading, or fraudulent statement of material fact in the application for a performer license. 2. The licensee has pled guilty, nolo contendere or been convicted of an offense as set forth in Section 8.38.030(c)(10). 3. The licensee has failed to comply with any of the operating standards of chapter 8.37 applicable to a performer or the requirements of this chapter. (b) On determining that grounds for license revocation or suspension exist, the director will furnish written notice of the proposed action to the licensee. Such notice will set forth the time and place of a hearing before the director or a hearing officer, the grounds, including the factual matters, in support of such proposed action, and the pertinent code sections. The notice will be mailed, postage prepaid, to the last known address of the licensee, or personally delivered to the licensee, at least 10 days prior to the hearing date. (c) At the hearing, the licensee will have the right to offer testimonial, documentary, and tangible evidence bearing upon the issues. The director or hearing officer will not be bound by the formal rules of evidence. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness at the request of the licensee. (d) After the hearing, the director or hearing officer will either sustain or overrule the decision of the director and render a written decision within 2 business days of the hearing. The decision will be sent by certified mail to the applicant or licensee. The decision of the director or hearing officer must include reference to the right to prompt judicial review under California Code of Civil Procedure section 1094.8. (e) The action by the director or hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. 8.38.060 - Appeals. (a) Any interested person may appeal a decision of the director regarding an application for an adult business performer license by filing with the city clerk a complete notice of appeal within 15 days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the director's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the fling fee established by city council resolution. (b) If an appeal is timely filed, a hearing officer will hear the appeal. (c) The hearing officer must set a hearing date not more than 21 days from the date of the filing of the appeal. The hearing may be continued for good cause. (d) The hearing officer will issue findings in writing within 5 days of the conclusion of the hearing. The written findings and decision will be sent by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8. (e) The action by the hearing officer will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. 8.38.070 - License identification cards. The director will provide each adult business performer whose application is approved with an identification card containing the name, address, photograph, and license number of such performer. Every performer must have such card available for inspection at all times during which the performer is on the premises of the adult business at which he or she performs. 8.38.080 - Adult business performer license non -transferable. No adult business performer license may be sold, transferred, or assigned by any licensee or by operation of law, to any other person. Any such sale, transfer, or assignment, or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the adult business performer license, and the license thereafter will be void. 8.38.090 - Violations. (a) Any licensee violating any of the provisions of this chapter or the provisions of chapter 8.37 regulating adult business performers will be subject to license revocation, and any and all other civil remedies. All remedies provided herein are cumulative and not exclusive. Any such violation will constitute a separate violation for each and every day during which such violation is committed or continued. (b) The regulations imposed under this chapter are part of a regulatory licensing process, and violations of this chapter do not constitute a criminal offense. Notwithstanding any other provision of the Rohnert Park Municipal Code, the city does not impose a criminal penalty for violations of the provisions of this chapter related to "expressive activities." CHAPTER 8.39 ADULT BUSINESSES - LOCATIONS 8.39.010'- Purpose. The purpose of this chapter is to establish regulations applicable to the location of adult businesses within the city. The words and phrases used in this section are governed by the definitions contained in chapter 8.37 of this code 8.39.020 - Locational requirements. (a) Permitted districts. Adult businesses are permitted in the Limited Industrial (I -L) District described in section 17.06.090 of this code. (b) Locational standards. Adult businesses may not be located: (1) Within 1000 feet of any publicly recognized place of religious worship, whether inside or outside of the city limits; (2) Within 1000 feet of any public or private school (grades K-12) or child care establishment, whether inside or outside the city limits; (3) Within 1000 feet of any public park, golf course, playground, or similar recreational facility; The distances specified in this subsection will be measured in a straight line, without regard to intervening structures, from the nearest point of the parcel on which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. (c) Adult businesses must obtain and maintain an adult business permit in compliance with all applicable requirements of chapter 8.37 of this code. 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Page 1 �-----4pplas name -Fey a-Ease-sage-ea#af31+s��e�at-sr-aaa�ut-saal rasa"s-safe-sa�viae-perr�a+t�eis#� Fnorp than on tage of said b #aew�e�er--that alae-a{apl+sarat'-s-s�aouse--saes � Page 2 9.90.020 Permit- Required feF a434&4p+e + e r_ r nr il„ A-- TQ�— r� e -a -n r dnt-or ;�,r' Y'r a C}tca1F 4R--GlF SepAc--MJ4hout-a-vaW, uRre4fi3ked- "-}:#}38)F 1186 +�h� rhu +car fsLie3fit-A t-�EU+Ciy have a term of ¢ 'f the per- tion_ o�.ry and void one day after the f�a�i-a f ihe for --PeFm t appkation re hp extended t � a D Clea ];—+inn-afte1-44e---GGR-S"ed t deny theright of any per, a prior per :ndt has peFn44-a-s Itshall -vas-rr4sdomca�r GitY without a va�+d atad �iafe��l�ed �'�saiae #� i#-�haal-a®-�a- r'; �rsc�ii ;;eaf�e�-€e{_._c�a{-iy--rasa,,s":sci4g,�""e�ta�ii+^uti��i�iat-sr-opt-Eatl-m assa�e-se�'�}ea-�e�{�itte�i -eK to}s-a�e}it-to iilre e%-�Iii}a�' t?er-vC�i I itis t tc '�iarPe���s e� � n m4#ee equife-^s=—^ d--dap^oye^e4&-49btaj h`—P°tfi�-�f��i-� a(.e whatsoever shall be #� e#-a%deaea}asp (Ord. 6' I (pull+\ 1997) pel+e-e-d-epa#men arad-alga-4-aRG de� �-----4pplas name -Fey a-Ease-sage-ea#af31+s��e�at-sr-aaa�ut-saal rasa"s-safe-sa�viae-perr�a+t�eis#� Fnorp than on tage of said b #aew�e�er--that alae-a{apl+sarat'-s-s�aouse--saes � Page 2 ap�i+Gar♦�" in the }34G- ere e- f-4 G@ E2S--8�-11x68+''}3A+"'c�ei8+i�--e8��?e,�=tc'�"-�Af�e%i--�e-Rc�I�keS-aFid�--e�e-1'eSl�et-li of th® nffir rc rlir®rtnrc � �n�h c�.9e�(}�g� GGffW_atlo , L rtarcirc� 'n�inn�limm�7 e B. AppliGaRt's address. in the Gase of a GGFperate ap9liGaRt, the State Of iRGGFpGFatiGn, and the C. Other the ri Of eaGh 63;d ass eek--1# the-apk+Gave is assGGiate e�ta�+sh�e�ts-er-east-sakl-o�aasage-se,�:,i�©s-�he-a{�plisat+e+i-shaA-#�I��--a��-Gerx��#�tti��,��+n TI�,Tf,T+he­a , W;thes#aatlShaai�the Rame and �r nrc�c , f c irJ nthor ���.�t�hlic f0l'th. 1R addition, the #G {{3f9f3Cl@e6f, sal -bald-�aSsa�@--�,e�as Fat�a�a FGent of thy, ttiC-�ivb���-f'�T�Gt-:Sai�'-vrrc�--^-- assesiatien--heeween tie-appliGaRt and -an y_othef-massage-Kelated -business. �-a�--dr+v�r's �lcef�se-�a�+fx�bef-i-#-any- E. \nlrrrn�f tho ��u4� (_' pplirant' d e&F n fnr thA-fi* ""afea-Kri-I�K4wedia ' �P�`''r,r�--acro-,.,.... �.._� ._. _.. H. AppliGaRt's business, date of apoGat on- i--A1{-Gflf-a4na_ Rv4Gt, n� -GT mor--tr-a#G--violaliaRs-, -and--a-stater:,, t-giuipg-the-pIaGe-af ea ,was rad,_ 4e--epeG+#+G-rha e �+f�de�vvh+sh�G�s Phtg;ned and �.---T,h-,e m^�.=-age--estal�4+shffae+�t"-a�+fn+lar-hos++gess--liGerfse--h+stef'y--ems tl�e-appllaa+at;-wlaiGh--skaall Wier w--while---Gp mit ��er-eity or state the a�plisa�+t; -sitter-asp--rear-Gel-de#e+�#a¢�t -er reveeatieF�--preceeding-l�ret�g#�t-b�-ire--agef�y'-whlob-+ssf+ed- t'-or-xray et as per�a+a-t +d proGeedifag ttae d+spositior} e#-sa+d 'preGeec and tie de#�sadaf�t--er-res�err p+eseaa�at+ve-off a--bosinr,�s-doad�sted-under-a-#1Gtatie�ss dam;, s - a 4e, "a&-ever-been a--party-"de#en r Califn n D n I ('nrl® C©rtinnc 1 1zcFv--tch rrn�.ni ii inn r� n_..�, her statk te-Gr-63Fdff�aaC1G2-PfhICh-Is�ii�iiicii 14�-#t3r6il' af�fa"2## 8d2' ?eGt18F�S Page 3 11 Ig ._ �.Hill Will o tnTi-�® rlm in,S,4o rort th® nrnnn�c4� premises preo)pqpd to be utilized as a m;;,;snqe nrptsaj,c�e ^rrf^rr t tho rory ,' Q .��^cP'1�& F� r C rh ct #camnr t chap ic-L �±E r'*'dr—n,-.Fi Rnr-,ial statement for the propeaed-bu-S�R c address e# al�lea�der� w+th v +ern t3ae {��e�aosed busanes or ats owaeq- Piave -negotiated laan�6, aaa o--avi�er#e rs�- +�aassage-ser;.tio<.�r�," g r G4ePAT het #Arad the ef�laaees—who+tter#erF e the r-nasse�--rr-or-rnas-sense-pef4n4t--de#ore an -e orae-+s-altavved-or ss+gned-te per#orxra a asage-sery+sas e# anrr 2----A{3pli6ant 5 2r£ddrasss}€er r��ae dear-�e�a' ®rl�n�eerin r1p}�SatlBrl 3- ANpl4oant's-bpi,^®vs, dd-c�pataer�-or--ernPlo�nen#�o�ane-year-frn+aae i+�g-tom:-date-et ap�l4sation; Page 4 In 2-dditiGn to the-slafte4IP� pefl it-,ha!!-cep#ajn4he4-o evAnT. --_ i. --p,--., ----- -__.. _ .C�—�a-i�-�taieF�eet-�I�a:k-Irld+sate -sai,l-t--aiAiRg-Gr-eX-pefiesRGe t-hates-an-d-appR)x4-,gate-totaa-tinie4hereof--and--a-supimaf-) of -the the apptieant. of�i�ai{ Pr�eedure foK #eer�fieatier� a# p4ead+ngs o � j ,c�—.--fie-ski+of-$f-pol�re-sd�atl--sss�+e--a n�-per+�+t�egii fired--bY-ttEa+s--ehapter--�tia+a�-fifteen-da3�s-fellov�+og appw.gt+en-ther$f r --u r:cso-.".�nriy__ene of t"e-fettswwg Page 5 —�#e �alis� sk�i�# sk�ail ��+� a a ice +o� #er- r� +nidal-issua ee er eaevdal ef,-sr-�laall revGke aRY Page 6 e a , - .- .- a __• a-. _- - _ G _ - —�#e �alis� sk�i�# sk�ail ��+� a a ice +o� #er- r� +nidal-issua ee er eaevdal ef,-sr-�laall revGke aRY Page 6 Section -9:-84-44-0 -exjst;--h& cbala,_ir+ addition -to-tither-4emed+es-provided--by--4ave-ser-ve-a-nGtiee-af r notice of inte��� intent to den, faGtS k�ea�i�}g- epOr�--tlao-appl ioa+�# -oma per+�lttee---bald-r�oth ^ � � ' adle-case-tk�at oia . exihaa�-e�-i�+�eret�-sa6d-gro�+�d-or--�ro�rds-aad--shall-spe �#Y-tl-a + +,rr,n nor ��na 1,�t}� pere�@r� +ha n+ rac+nrl �{-4�J FI�lltteL�-re'Siuci tv�crS-Fri�It�ctiCt� -file ant -exp � t3Ai � ��� •find in nn+inn Q R(1 'lam ia'-t p�eti y or all of the grounds speGified-iq 2pgtien 9.80. ing-sep&-bY-GeFtA1:-::!d mail, postage N' "N hall indiGatp Set forth i4cr crr-rt^irtc-r.- f+ar F. Fff P 6+s+efa-o#-4he g on alkntere-seed parties five day a#n,�.ler_4hp nnf nn of r!n •c ini Q, go. 14 0 GR er befere said date The Gity inn anager-��nV-PeFrnit-re���: l �dllG-laeaath;-sa#ety-or-rraoraEs�egard less-o#-vvk�ether-the-pelise-ek�ief-lea., ..nn.,..rar__ ..._+hn .}(eS-ss-PeG4f4ed-444 Sention# s spens+on�l�a+l lie served o+� the �errrri praot}eadls the-pellse-departme and -the -grounds -for --the elty-mana-ger's-deeislon- It -shall-be-a-rrilsdemeanor-for-any person -whose -permit has bee is suspended ed r+ +nassag unless the sus -pend oboe -oh iet-ta-de r3 y-af3--�aitiol--a p plica#sora ; -den-y oras- , +made-t-he-&ubjeGt-of-a-- hearing -p-umuant-to-Section--"O:.42- unless -such -person} -has -appeared Page 7 per zm"+� ro 'ror! hir that-�est+se�-awe-laces--se��� plied-v�+#aa--#1a+s�s#faH�-r+�a}�-��-1a#e�--t�ar�#+ve--day-s-af.#e,-;�" p�etice--a# eecatier� er s wfitten-r+otice-of -appeal-before-the ty-couRGiI 404--Said-des+cion, -T-die-44c#ice-s#4all-be-0-#he-#or+g whiGh sed the �ef�laa;���+eca ien ops �pensi d shall inslade�" +yet-be-lirr�+te�-tee Mate +gat-believes-tlaa#-tk}e-peGse-chis# er-ofty-iaaa+�age�aete� i�proper�y-sr-#celled-�a-ast {properly;-aa>�-�vl�iF-tie✓perr�i#-ckaer�-ra��teFl-r�rre�ed-ar-reirasta#eco plass f-,�--a-n��-aT ;�-tk�er�^�-orx�-mala-�aati€y-"tl3e--appellasa#fs}--ot-#die-s , �r-an-a--revesatien-sha"e-hel"t-a-regular-meeting-e#-#lie-scanG44wt-mere-than-thirty days-afte is of the, Gity m at the #est -s ncia-a�-suoh-a-4=�earir�-la , ®�ior¢ t n gra®rl +on raaic ofta„�� she fil�n�d.a.ter E'hapte -����}�� by a�n�h"I�{rh nG ini+iate rl f#®r thn fift ®n},mh_aT o�. e#+se-afi-#he-as#+on-o+---desi�,+en te-be-reviewed- The-City-erGmoil-upon--the-application--cif-#-+e--appellant for- goad--passe-shawn-may--designate ;R the iaetic�?-of-appeaG-acid-i{�-si�ppo�#�-Ssuance-reneu�ai-reisaEiarise-gr_�.eirnrs_} t m t f +hic normi+ Apport of or opposition t� thp de 4&4en4equ���� pol+se shE wed tapartis}pa€e in #I}2 -hear+ 4p-all-oases-except-an-appea[-fr-Gni-a denial of-an-initial-appl”+ea#ion-the barden-o#-proof-sha"e nppeaall is fetf�n��-thee-appshail II -+ h 11 h +h h rrforh� �;"----�+t"y"-G9Hr?6il-�eG+Sion-�-he-69t�rls�l;-by-r86eltltl{3n;-nlaj�-Sri-tire-date--SBt-f f+nv Iater than f'f+ © rias ec� af+ ,, t��„� y,� � �„��,, ,, ��,, „,, ili'�e-'crtitef_t_q_de,y-an-cap jeati8i�}--fir-r&vGhC-a-perm'+ antro'!.. d-Ittiti-t� onn tri I nr tlae-previsions-e#--this-chapter—inEl�ad+ng--ia�npsS+ng-sondit+o+�s--srr-the-issuanc-e;-rc,,..�a,�,r i-�al }' n I fr than n nh+ Ar make an additional dater tc 9f- a-he"-sa�ncil-in�aid-f2-S9Ikd#ao", S"alYl-State-Its-fi+�dirrgs-ef-#act-s�p9n-wiaia�-its-action i.-r� "�.._�', ="'�=lel state4ts rulin�till-bc ,,,,n,orl ellan -and--a4-partee&4G4he-he TTllfl s tine-da#e-Stated--In-the-resolution; provided-tha#--a-des+SiGII-to-order--renewal-of-a-per4ii-t or reaoState+aaen# e# a revoked GF the pe p -i4 Page 8 ire-massagF-ete -Ga ray-departaaent--ef-pub4G 4ea tg..l irig #aaet-the stak&hmet��w+4 t+er�s a�c�-er ia�ar es a ltc ie erg T�"e t � -�+itdi+ag--�epa�r�er�t-aye-a��iae^r-ized-te essstea w+�" t" s o"apter-ae� tl�e e#tae �Ke ' des-�ai� rkAerl lip, a, but irp not s arrdegtolatien�-s"�!, Ag id+r�-#er +rpestie+�ric� in tie �}ss+i8 @€ ail"#�C ti9F1 add}t4Gn- iMPF VeMeRt-©4 -mGd+t4Sat44D ^r of -C ; #.nn c#r r+i ir-eth4&rl—ILGF � ► •T11 €very-+7nas e-estab44shme-4t-or--Gut Gall massage�er-vice-gra+ ted-a-permit-pear-scant--ta4his-c-bapter shall dis eaterir4g- Page 9 tThm�Y 4 -ii 4nist4Cit a4;Gr, A, 4)-�ditien , I�tTUT-illi' ^tt� pe Ar me ntKN+-Gf-a-py-&tatem-e to-tk�e-e##est--##�a#-#tom-sit'y-lass-g�a�ted-sa'i�-per-sera-��y-peg+aaat-fur-s�a+�t-te-tk�+s-c#�a�te� ea-+�-a�=�y--at#�e� re�esat'sen--e�--ss�+spera- ra--t}y-a'sy {ger-ses�-�k�e--kaa�--net--t3eeee� gr�rated-a-}�+t-p�r� .... as .. _ tt-shai4-be-a4-nisdem-,aanor-#or-a'ny-massage-estaWi&hnaer4t-er--Gt4t-Gall-ma's'sage-service-to-es-+play any 446 loner 9 . the Page 10 r n n •- �• a-. _ S.. - • •. r r e-#Gllsvri� g aures or san4aga--4 a- ilililll!!I�!!Illlllllllllll III ._. Me. r • -. c ee 'a or—Gut-earl---massage--set-vice -from --the--Prov+si49ns—o#-a-ny--z-G42 ng,en-SiRg —tax+ag--ar—c� kae - �1�ia�g regulatkw—, -4& Page 11 hmor,t n t_r�ualS �a�}jr.--rr+�-ssaE}2�-es€ail i�r�rr,.. r rr-vr-vuc pursuant thefetG-sha4-be-,-a� attomey-4aaay-in-addition--t4- or--iR-lieu-o€-prosesu#Ong-a-€f-Eminal-aGtb4.i--underA4& Ghapter--request4b.e ty- cictn f +h hn+ nn+ oval n,-1 iv����s-�acrcc'.'.^. -r-rc-rcT-r.., m--a� ice-FiijtaR64��A'f-.-iii-t%e-H=ia , mak} s8t#%�-�a�F4n�-j k#r1''3� {GtIBt� -t6- L313te; I EI-a�l til -f ��de�-c; S-VW�-u� atm-®+'-d"�3iX18Ve-�kIGi1 raa��sag e-estadl+sfameat-ar-at�t-eat-�aaas�age�er-�ise✓arad-r��#fain--acid--eon}oi��r�y-}�er�^-€,T,+�-e�r-atigg; sendt�stirag--e r-+aaa+r}tai Fa� en --e#- # �fy--atfaer nrrl�-um �.n ron of th® rit,r nr 1��}�; f"}21L-�-t6-f38-lltlsOt-lSt�t6}t{BFlaa; IiaVal��-0r+r}e€€�stlkle-�y-af}�-68�1f-�L�€---C'8ta��etefa�-fUr}�d�8tl6ta;-SL-�S�1-d@91�19ta-Slac'�ll -all- 8€-t �--l•-k}@-6+ty if any division, seGt'GR, sub -or phrase in this clivision is fGp-apj-+ea6G44 Rot an"L4s4-pa4-er-parts-afe-held-ine€festive -a s- a€oresaid .- Page 12 SECTIONS: 5.20.010 5.20.020 5.20.030 5.20.040 5.20.050 5.20.060 5.20.070 5.20.080 5.20.090 5.20.100 5.20.110 5.20.120 5.20.130 5.20.140 5.20.150 5.20.160 5.20.170 5.20.180 5.20.190 5.20.200 5.20.210 5.20.220 5.20.230 5.20.240 5.20.250 5.20.260 5.20.270 Version 1. (4/22/15) Exhibit D Chapter 5.20 VEHICLES FOR HIRE Purpose and intent. Definitions. Authority to issue rules and regulations. Limitation of liability. Requirement of franchise agreement. Granting of non-exclusive franchise agreement. Franchise terms and conditions. Supervision authority. Termination of franchise. Appeal of franchise denial or termination. Rates, fees and charges. Failure to obtain franchise agreement — Violation. Indemnification of City. Vehicle permit application. Maintenance and operation. Equipment and conditions. Vehicle markings and insignia. Commercial signs and advertisements. Vehicle inspections. Sale or transfer of business. Transfer of vehicle. Suspension or revocation of vehicle permit. Taxi driver permit application. Driver's permit. Contents of driver's permit. Suspension or revocation of driver's permit. Number of permits. Chapter 5.20 VEHICLES FOR HIRE 5.20.280 Replacement of lost or destroyed permits. 5.20.290 Change of employment by driver. 5.20.300 Permits nontransferable. 5.20.310 Standards for driver conduct. 5.20.320 Taxicab stands. 5.20.330 Insurance. 5.20.340 Alcohol/controlled substance testing. 5.20.350 Franchisees not to employ unlicensed drivers. 5.20.360 Taximeters. 5.20.370 Rates and information to be displayed. 5.20.380 Excessive charges. 5.20.390 Refusal to convey. 5.20.400 Direct route. 5.20.410 Taxicabs from other municipalities. 5.20.420 Failure to pay unlawful. 5.20.430 Service provided. 5.20.440 Recordkeeping requirements. 5.20.450 Enforcement — Violation — Public nuisance — Penalty. 5.20.460 Smoking in taxicabs prohibited. 5.20.470 Permit appeals. 5.20.480 Charges and cost. Chapter 5.20 VEHICLES FOR HIRE 5.20.010 Purpose and intent. (A) Taxicabs provide an essential component of the public transit system that serves the City. Taxicabs are operated by private individuals and companies that use public rights-of- way in the delivery of their service. (B) Appropriate efforts must be undertaken to ensure that taxicab operators, companies, their employees, and their drivers take all reasonable actions to protect the public health, safety, and welfare when providing taxicab services. (C) The City's administration of taxicab regulations should not unduly burden the taxicab industry. However, the protection of the public health, safety, and welfare shall be deemed paramount in the enforcement and interpretation of the taxicab regulations. 5.20.020 Definitions. For purposes of this chapter the following terms shall be defined as follows: "Driver" means every individual who operates any taxicab or vehicle for hire as an employee of a business owner, independently owns the taxicab or vehicle for hire and operates under the auspices of such owner, or has independently contracted with such owner to operate the taxicab or vehicle for hire pursuant to a lease, license, or any other form of agreement. "Franchisee" means any entity engaged in the business of carrying passengers in a taxicab, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation, or any other organizational structure identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business, and to whom a taxicab franchise agreement has been granted by the City. "Limousine" means a motor -propelled vehicle used for the transportation of passengers for hire along public streets, not over a defined route, but as to a destination in accordance with and under the direction of the person hiring such vehicle. A limousine operates from a fixed location and is hired on a contract basis only. Limousines are pre -arranged and not "hailed." "Motor vehicle" or "vehicle" means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains, and motor buses. "Pedicab" means a bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for any form of consideration; or a bicycle that pulls a trailer, sidecar, or similar device, that transports, or is capable of transporting, passengers on Chapter 5.20 VEHICLES FOR HIRE seats attached to the trailer, sidecar, or similar device, that is operated by an individual, and that is used for transporting passengers for any form of consideration. "Director of Public Safety" means the police chief of the City of Rohnert Park, or the chief's designee. "Department of Public Safety" means the police department of the City of Rohnert Park. "Stand" or "taxi stand" means a portion of the public street designated by the City for the sole use of authorized taxicabs while awaiting employment. "Taxicab" or "taxi" or "cab" means every motor vehicle having a seating capacity of less than eight passengers that regularly engages in the business of carrying passengers for hire over the public streets of the City not operating on a fixed route or schedule. For the purposes of this chapter, this shall not include the sole act of delivering any passenger to a location within the City from beyond the boundary limits of the City. This definition does not include limousines, pedicabs, buses, or other vehicles subject to regulation by the Public Utilities Commission of the State. "Taximeter" means any mechanical or electronic instrument, appliance, device, or machine by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures. "Vehicle for hire" means any motor or electric vehicle offered to the public for hire with the services of a driver, whether equipped with a taximeter, used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, trip, per hour, per day, per week, per month, and where transportation is under the control, as to route, of the persons hiring it; except however, that vehicles for the sole transportation of handicapped persons, hearses, ambulances, interurban trains, motor, or trolley buses are not included within this definition. 5.20.030 Authority to issue rules and regulations. (A) The Director of Public Safety shall be charged with administering and enforcing the provisions of this chapter. (B) The Director of Public Safety is authorized to establish rules and regulations that are consistent with and necessary to administer this chapter. 5.20.040 Limitation of liability. By adopting the ordinance codified in this chapter, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its employees, any Chapter 5.20 VEHICLES FOR HIRE obligation the breach of which may create liability in money damages to any person who claims that the breach was a substantial factor in causing injury. 5.20.050 Requirement of franchise agreement. (A) Any person or entity who engages in providing taxicab service within the City shall be required to enter into a nonexclusive franchise agreement with the City to provide such service. (B) In addition to the franchise agreement, every franchisee shall obtain and maintain at all times during the franchisee's operations all applicable permits and licenses required by any public agency having jurisdiction over the operation of the business. (C) Grace Period. Any person or entity operating a taxicab service within the City as of the effective date of this ordinance may continue to operate such taxicab service without a franchise agreement until February 1, 2016 so long as such taxicab service is operated pursuant to a valid certificate of public convenience and necessity and business license. Following this date, no person or entity may operate a taxicab service within the City except in compliance with this Chapter. 5.20.060 Granting of nonexclusive franchise agreement. (A) The Director of Public Safety is authorized to grant nonexclusive franchises to qualified persons or entities in accordance with this chapter. (B) In order to be granted a nonexclusive franchise, each applicant is required to provide the following: (1) A signed and completed application for a nonexclusive franchise on a form approved by the Director of Public Safety and the City Attorney; (2) Proof of insurance in the amounts specified in Section 5.20.330 and a vehicle permit as set forth in Section 5.20.140; (3) A signed indemnification and hold harmless agreement as required in Section 5.20.130; (4) A current schedule of rates or fares charged for carrying passengers; (5) A statement of the location of the garage from where the taxicab(s) will be dispatched, the location of the business office, and a land line phone number. (C) The Director of Public Safety shall have the discretion to deny any application for a nonexclusive franchise under any of the following circumstances: (1) Failure to comply with any of the provisions set forth in subsection (B); (2) Evidence that the applicant's franchise was previously terminated within five years prior to the date of the application; (3) Evidence that the applicant previously operated a taxicab service in the City without holding a valid franchise after the date this ordinance takes effect; or (4) A finding that the applicant lacks sufficient experience or equipment to safely comply with the requirements of this chapter. Chapter 5.20 VLHICLLS FOR HIRE (D) Any applicant whose application for a franchise is denied shall have the right to appeal the denial to the Council as provided under Section 5.20.100. 5.20.070 Franchise terms and conditions. The franchise agreement shall provide, but not be limited to: (A) Nonexclusive Right of Franchisee. The agreement shall provide that the franchisee is granted a nonexclusive franchise to provide taxicab service within the City. (B) Franchise Fee. The agreement shall provide that the franchisee must pay to the City a franchise fee in the amount of two percent of the gross revenues generated by the franchisee from services performed within the City on the dates specified in the agreement. The City Council shall retain the power, by resolution, to amend the amount of the franchise fee as the City Council deems necessary to protect the interests of the City. (C) Additional Terms and Conditions. The City Council shall retain the power, by resolution, to provide for the inclusion in such agreement of such additional terms and conditions as the City Council deems necessary to protect the interests of the City. For instance, additional terms and conditions may include, but not be limited to: (1) Driver training requirements regarding matters such as City regulations, company procedures, defensive driving, map reading, local geography, customer relations, security and public safety, and requirements for non-discrimination; (2) Responsibility for drivers' compliance with City regulations and laws, including but not limited to financial responsibility for fines and penalties for persistent patterns of driver violations; (3) Availability of wheelchair accessible taxicabs; and (4) Super ultra-low emission vehicle standards for taxicabs. 5.20.080 Supervision authority. The Director of Public Safety shall have the authority to supervise the operations of the franchisee and the provision of taxicab services. 5.20.090 Termination of franchise. (A) The City shall have the right to terminate a franchise based on the Director of Public Safety's determination that an event of default has occurred as defined in the franchise agreement. (B) The franchise shall have no right or authority to engage in taxicab operations in the City for a period of five years from the date of the termination. After five years, should the franchisee provide proof that the event causing the franchisee to default has been corrected, and at the sole and complete discretion of the City, the franchisee may be reinstated upon resubmittal of an application to provide nonexclusive taxicab service. Chapter 5.20 VEHICLES FOR HIRE (C) Any franchisee whose franchise is terminated shall have the right to appeal such determination to the City Council as provided in Section 5.20.100. 5.20.100 Appeal of franchise denial or termination. (A) Any person whose application for a franchise is denied or whose franchise is terminated may appeal such decision to the City Council by filing with the City Clerk, within 10 days from and after the date of denial or termination of the franchise, a written notice of appeal and shall set forth the grounds for such appeal. (B) The City Council shall hold an appeal hearing not later than 45 days following the receipt of the written request. The City Council shall render its decision after the close of the appeal hearing and its decision shall be final. 5.20.110 Rates, fees and charges. The City Council may by resolution, or an approved franchise agreement, place a limit on the rates, fees and charges (collectively "fees") franchisees may charge to their customers within the City. No franchise shall charge any fees which are greater than the maximum permitted, unless otherwise authorized in this chapter. 5.20.120 Failure to obtain franchise agreement—Violation. It is unlawful for any person or entity to provide taxicab services within the City without obtaining a franchise as required. A violation of this provision shall constitute a misdemeanor. 5.20.130 Indemnification of City. Each franchisee for taxicab services shall, in written agreement, indemnify and hold harmless the City and its agents, officers and employees from and against any and all claims asserted or liability established for damages or injuries to any person or property that arise from, or are connected with, or are caused by the willful or negligent acts or omissions of the franchisee, or its agents, officers, employees or contractors. 5.20.140 Vehicle permit application. (A) Vehicle Permit Application. Each franchisee operating in the City must have a vehicle permit from the City for each vehicle that will be operated as a taxicab. The vehicle permit application shall be typed or printed and signed by the owner of the taxicab business, and shall set forth all the information required in the permit application form and accompanying documentation, including, but not limited to the following: Chapter 5.20 VEHICLES FOR HIRE (1) A copy of the current valid State of California vehicle registration under the owner's name or business name, license plate number and corresponding vehicle identification number of each vehicle to be operated in the City; (2) A current "Certificate of Inspection" from the Sonoma County Weights and Measures Department listing the vehicle or vehicles with certified taximeters; (3) Valid vehicle brake inspection certificate from a California State approved vehicle brake inspection station along with any work -order form from the inspection station for each vehicle to be operated in the City; (4) Certificates of insurance from the insurance carrier verifying the coverage required by this chapter for each vehicle to be operated in the City. (B) Issuance of Vehicle Permit. (1) A vehicle permit may be granted only if the City determines that the applicant has complied with all of the following: (a) Has submitted a complete application; (b) Has not made any omission or untrue statement or provided fraudulent documentation with the franchise application; (c) Has complied with all provisions of this chapter; (d) Has submitted a color scheme or insignia pursuant to Section 5.20.170. (2) The City may deny a vehicle permit if it determines that approval would pose an unreasonable risk to the public safety or welfare. (3) Issuance of a vehicle permit is conditional upon the applicant obtaining a franchise to provide taxicab services and ensuring that any driver of the vehicle has been issued a driver's permit as set forth below. (4) Any and all fees associated with this permitting process are nonrefundable. (C) The City may charge a fee for processing each application for a vehicle permit and shall recover the cost of each inspection and/or re -inspection of the vehicle. The fee shall be set, and may be adjusted, by City Council resolution. The City shall notify the applicant of a denial of issuance of a permit in writing. The notice shall contain a statement of the facts upon which the City has acted in denying issuance of the permit. The notice shall contain a statement of the appeal procedure contained in Section 5.20.470, Permit appeals. (D) The taxicab vehicle permits issued under the provisions of this chapter shall be effective only for the calendar year for which the permit is issued. All permits shall expire on December 31st of the year for which the permit is issued and must be renewed annually by submitting a completed application to the City no later than November 15th. Any applications or applications for renewal which are submitted after this date are subject to a late fee, as established by resolution of the City Council. A renewal of a taxicab vehicle permit may be denied on any grounds that are grounds for denial or revocation as set forth in this chapter. (E) Vehicle permits may be suspended or revoked by the City for violation of any of the terms of this chapter, for violation of any of the permit terms or for misuse or abuse of the privilege granted by this chapter. (F) Grace Period. Any person or entity operating a taxicab service within the City as of the effective date of this ordinance pursuant to a valid certificate of public convenience and necessity and business license, may continue to operate such taxicab service within the City without a vehicle permit until October I, 2015. Following this date, no person or entity may operate a taxicab service within the City without the vehicle permit. Chapter 5.20 VEHICLES FOR HIRE 5.20.150 Maintenance and operation. (A) It is unlawful for any owner or driver to operate, or cause to be operated, any taxicab that has any defective, unsafe, or unsanitary condition. (B) No owner or driver shall transport any number of persons unless each person can be safely accommodated within the taxicab. (C) No driver of a taxicab shall refuse to transport any person who desires and requests to purchase transportation in a sober and orderly manner, if such taxicab is in service and available to the public at that time. (D) All taxicabs shall be checked daily to ensure that equipment is in proper working condition. (E) The interior and exterior of any vehicle shall be clean and well maintained meeting California Vehicle Code requirements and the requirements of this chapter at all times when in operation. (F) it is unlawful for a taxicab to be stored or parked on any public street for a period of time exceeding 10 minutes, except as provided in Section 5.20.320. 5.20.160 Equipment and conditions. (A) Each taxicab operated under a taxicab permit issued pursuant to this chapter shall at all times have: (1) One operable safety belt for each passenger carried; (2) A spare tire, capable of being used on any of the wheels of the vehicle; (3) A set of tools for changing tires; (4) A workable flashlight readily available to the driver; (5) Two independently acting and entirely separate braking systems in proper operating order; (6) Safety or shatterproof glass; (7) A two-way radio and/or operable cellular telephone in an "on and operating" position for the entire time the taxicab is in service and available to the public; (8) An interior light of not less than two candlepower so arranged as to illuminate the entire passenger compartment. The light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any vehicle; (9) No after -market window tinting, shades or blinds over the windows of any vehicle while it is occupied. (B) Each taxicab shall be maintained in such condition so that: (1) All doors, windows, hood, and trunk will open and close securely; (2) The inside of the taxicab and the luggage compartment are free of litter and trash, and shall not soil, rip, or otherwise damage the passenger's clothing or effects; (3) The exterior of the taxicab is clean and in good repair, and does not have any peeling paint, dents, paint primer, rust, or missing components that are discernable from a distance of five feet from the taxicab. Chapter 5.20 VEHICLES FOR HIRE (C) Upon receipt of a citizen's complaint or police officer's observation regarding the mechanical condition of a taxicab, or following the taxicab's involvement in an accident, the City may require any or all of the following: (1) A visual inspection of the taxicab by a representative of the City; (2) An interview by a representative of the City with the owner or driver of the taxicab regarding the mechanical condition of the taxicab; (3) A sworn statement that the taxicab is in safe operating condition, made by either the proprietor of a service or repair garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the franchisee, who has inspected and examined the taxicab. (4) If the owner, driver, or operator of the taxicab refuses to submit to an inspection the City may issue an order prohibiting such vehicle from use in taxicab service. (D) Upon determination that any vehicle operated under a vehicle permit is not in safe operating condition, the City may issue an order requiring that the vehicle be taken out of service until it has been repaired to the satisfaction of the City. (E) Members of the Department of Public Safety are authorized to cite any person for operating a taxicab without a valid taxicab certificate, license, or permit required by this chapter and may impound and retain possession of any vehicle used in violation of this chapter as allowed by Government Code Section 53075.61, and as it may be amended. 5.20.170 Vehicle markings and insignia. (A) Taxicab Color Scheme Approval. (1) A unique and characteristic color scheme approved by the City shall be used by each franchisee operating a taxicab in the City to distinguish all of the taxicabs the franchisee operates. The scheme shall not be used by any other franchisee. (2) No change in the color scheme or distinguishing characteristics of any taxicab shall be made without prior written permission from the Department of Public Safety . (B) It is unlawful to operate a taxicab within the City that does not have printed or placed upon the vehicle, which is either painted or permanently affixed: (1) The name of the taxi company on both sides and the rear of the vehicle. All lettering shall not be less than three inches in height; (2) The company's telephone number printed or placed upon both sides of the vehicle. All lettering shall not be less than two inches in height; (3) A number to identify each taxicab assigned by the City at the time vehicle permit is awarded. This number shall be printed or placed upon the rear of the vehicle and both the driver and passenger front fenders. The lettering shall not be less than three inches in height; (4) All lettering and numbering shall be affixed to the vehicle at all times and shall be of a color that contrasts with the color of the vehicle; (5) The dome light marker on top of the vehicle shall read the same as the company name printed on both sides and the rear of the vehicle or shall only read "Taxi"; (6) The City issued vehicle permit shall be located inside the lower left corner (driver -side) of the rear window. Chapter 5.20 VEHICLES FOR HIRE 5.20.180 Commercial signs and advertisements. Convnercial and advertisement signs may be affixed onto the vehicle, but shall not in any way obstruct the view of the driver or the identification insignia on the vehicle. 5.20.190 Vehicle inspection. (A) Before a vehicle permit is issued, each vehicle for which a vehicle permit is requested shall be delivered to one of the State of California approved vehicle brake inspection stations for inspection to ascertain whether such vehicle and equipment comply with the provisions of this chapter. Approved State of California vehicle brake inspection stations can be located on the State of California website at http://www.autorepair.ca.gov/. (B) Any vehicle which is found after inspection to be unsafe or in any way unsuitable for service, shall not be issued a vehicle permit and may immediately be ordered out of service. Before a vehicle permit is issued or the vehicle is again placed in service, it shall be placed in a safe and sanitary condition, inspected, and a completed inspection form filed with the Department of Public Safety. Each vehicle to be operated shall be reinspected upon annual renewal of the vehicle permit. (C) Final inspection of each vehicle shall be conducted by the Department of Public Safety to ensure that the vehicle has met all the requirements of this chapter. (D) Any and all fees associated with this permitting process shall be nonrefundable. (E) The Director of Public Safety is charged with the authority to enforce this chapter. Members of the Department of Public Safety shall have the right, after displaying the proper identification, to enter into or upon any permitted vehicle for hire in the City for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done at random without notice, warrant, or individualized suspicion of wrongdoing. 5.20.200 Sale or transfer of business. (A) Any franchise granted by the City shall not be transferred, sold, leased, assigned, relinquished or delegated to another person, either in whole or in part, without the prior written approval of the City. The City shall not unreasonably withhold approval of a franchise sale or assignment provided that it does not unreasonably impact competition and the buyer or assignee meets all of the requirements established by this chapter and is qualified to perform the obligations required. (B) The franchisee shall promptly notify the Director of Public Safety, in writing, in advance of any proposed sale, assignment or transfer. In the event that the City approves any sale, assignment or transfer, the approval shall not relieve the franchisee of any of its obligations or duties under the franchise agreement unless it is modified in writing to that effect. Chapter 5.20 VEHICLES FOR HIRE 5.20.210 Transfer of vehicle. h1 the event a franchisee sells or transfers title of a taxicab for which a permit has been issued, or in the event the vehicle has been destroyed or totaled, the franchisee shall notify the Department of Public Safety within 10 days. 5.20.220 Suspension or revocation of vehicle permit. (A) The City shall have the power to suspend or revoke a vehicle permit issued under this chapter on any grounds stated in this chapter and on any of the following grounds: (1) Failure to maintain insurance as required by this chapter, including renewal of insurance prior to the expiration date of the policy; (2) The violation by the franchisee of any terms, conditions, or requirements of this chapter; (3) Failure to notify the City 30 days prior to the effective date of liability insurance cancellation or change of insurer; (4) If, subsequent to the issuance of a permit, grounds for denial under this chapter have occurred or arisen, or the applicant has been found to have knowingly made a false statement of fact required to be revealed in the permit application; (5) Failure to maintain vehicle in good order and repair as prescribed herein; (6) Failure to pay any fees or damages lawfully assessed as a result of the ownership or operation of any vehicle licensed under this chapter; (7) Failure to maintain driver's daily manifests or falsifying such manifests; (8) Repeated violations by the franchisee or its drivers of the traffic laws of the City, County, or State; (9) Knowingly maintaining any taximeter that is inaccurate and results in overcharges to any passenger. (B) Vehicle permits suspended or revoked shall immediately be surrendered to the Department of Public Safety . (C) The Director of Public Safety shall notify in writing any vehicle permit holder whose permit has been suspended or revoked. The notice shall state all of the reasons for the action as well as any laws or regulation violated by the vehicle permit holder. 5.20.230 Taxi driver permit application. (A) Permit Application. Each taxicab driver operating in the City must have a taxi driver permit from the City as set forth herein. The driver permit application shall be typed or printed and signed by the driver and shall set forth all the information required in the permit application form and accompanying docunentation, including, but not limited to, the following: (1) The name and business address, residence address, business telephone number and residence telephone number of the applicant; (2) A general statement that the applicant has complied, or prior to the commencement of operation of the vehicle, will comply with all of the provisions of this chapter; Chapter 5.20 VFHICLFS FOR HIRE (3) Every applicant shall submit to Livescan Fingerprinting at an approved California Department of Justice fingerprinting location and shall submit a copy of their completed LIVESCAN form and receipt of payment with his or her application; (4) Each applicant for a driver's permit shall submit with his or her application two current two-inch by two-inch professional quality color photos (passport photos) of the applicant taken within the previous 30 days. One photo shall be attached to the driver's permit. The other photo shall be kept on file with the City; (5) A completed and signed notice of intent to hire from a franchisee; (6) Proof of compliance with federal controlled substance and alcohol testing requirements with satisfactory proof of a negative test result. 5.20.240 Driver's permit. (A) No person shall operate or drive any taxicab within the City unless that person has obtained a valid taxi driver's permit from the City. (B) A driver's permit shall be valid for one year from the date of issuance and must be renewed annually by submitting a completed application to the City no later than 45 days before expiration of the current permit. Any application for renewal that is submitted late is subject to a late fee, as established by resolution of the City Council. A renewal of a driver's permit may be denied on any grounds for denial or revocation as set forth in this chapter. (C) A driver's permit shall be void upon termination of employment. The employer shall notify the City within five days of termination of employment of a driver, and shall return the permit to the City within those five days either by mail or in person. (D) Prior to issuing a driver's permit, the City shall determine whether the applicant has a valid driver's license and shall review the applicant's driving history. The City may not issue a driver's permit to the applicant if the City determines that: (1) The applicant's driving record shows a violation point count of four or more points in the preceding 12 -month period, six or more points in the preceding 24 -month period, or eight or more points in the preceding 36 -month period as outlined in the Vehicle Code Section 12810 et seq.; (2) The applicant has been convicted of reckless driving or driving under the influence of any alcoholic beverage, drug or intoxicating substance, or combination thereof, taking into consideration the nature and circumstances of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation; (3) The applicant's driving history demonstrates that the applicant is not likely to operate a motor vehicle in a safe manner; or (4) The applicant does not hold a valid California State driver's license. (E) The City may not issue a driver's permit to anyone who has been convicted of a felony or of a crime involving moral turpitude or is required to register pursuant to Section 290 of the California Penal Code or is required to register in another state or country as a sex offender in a manner comparable to Penal Code Section 290. In making this determination, the nature and circumstances of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation may be considered. Chapter 5.20 VEHICLES FOR HIRE (F) The City shall not issue a driver's permit to anyone under the age of 21 years. (G) No driver's permit will be issued or renewed unless the applicant has taken and passed, with negative results, a controlled substance and alcohol test in accordance with Government Code Section 53075.5 as it may be amended or renumbered. This test shall be taken no more than 30 days preceding the date the application is filed for a new permit or renewal of a permit. If an applicant takes a controlled substance and alcohol test with positive results, the employing taxicab operator shall report the results to the City. (H) The City may charge a fee for processing each application for a driver's permit. The fee shall be set, and may be adjusted, by City Council resolution. The City shall immediately notify the applicant of a denial of issuance of a driver's permit in writing. The notice shall contain a statement of the facts upon which the City has acted in denying issuance of the driver's permit. The notice shall contain a statement of the appeal procedure contained in Section 5.120.470, Permit appeals. (I) Any and all fees associated with this permitting process shall be nonrefundable. (J) Grace Period. Any person operating or driving a taxicab within the City as of the effective date of this ordinance may continue to operate or drive such taxicab within the City under an existing and valid taxi driver permit until February 1, 2016. Following this date, no person or entity may operate or drive a taxicab within the City without the taxi driver permit required by this Chapter. 5.20.250 Contents of driver's permit. Each driver's permit issued under this chapter shall contain a serial number and shall set forth the name, age, and physical description of the person permitted, the issued and expiration date of the permit, a current photograph of permittee and the name of the employer. 5.20.260 Suspension or revocation of driver's permit. (A) The City shall have the power to suspend or revoke a driver's permit issued under this chapter, on any grounds stated in this chapter and on any of the following grounds: (1) Suspension, revocation or expiration of the driver's privilege granted by the California Department of Motor Vehicles to operate a motor vehicle; (2) The violation by the driver of any terms, conditions, or requirements of this chapter; (3) If, subsequent to the issuance of the permit, grounds for permit denial under this chapter have occurred or arisen, or the applicant has been found to have knowingly made a false statement of fact required to be revealed in the permit application; (4) Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver's operation of a motor vehicle, within 30 days after the judgment has become final; (5) The driver has consumed drugs, alcohol, or any other intoxicating substance or is under the influence of drugs, alcohol, or intoxicating substances, while on duty or is convicted of a crime relating to drugs or alcohol; Chapter 5.20 VEHICLES FOR HIRE (6) Overcharging, or the attempt to overcharge, taxicab fares by the driver; (7) Operation of a taxicab in an unsafe manner or any conduct that places any passenger, motorist, or pedestrian at unreasonable or unnecessary risk; (8) Transfer, sale, or assignment of the permit to an individual other than the person specified on the permit application; (9) If the applicant refuses or fails to submit to a controlled substance and alcohol test required by this chapter; (10) If the applicant tests positive for any controlled substance or alcohol pursuant to a test taken in accordance with this chapter; (11) If the applicant or applicant's employer submits a false controlled substance and alcohol test declaration or employment declaration/result. 5.20.270 Number of permits. The City shall have discretion on the number of vehicle and driver's permits issued. 5.20.280 Replacement of lost or destroyed permits. For permits that are lost or destroyed, the City, upon receipt of an affidavit from the owner explaining the reason(s) for a replacement, may issue a replacement permit. The City may charge a fee associated with the cost of replacing a permit. 5.20.290 Change of employment by driver. All taxicab drivers changing their employment to a new or different taxicab employer shall notify the City within five days of the change. A new driver's permit shall be obtained and contain the name of the new employer. The City may charge a fee associated with the cost of issuing a new permit. 5.20.300 Permits nontransferable. All drivers' permits issued by the City are the property of the City and shall not be sold, assigned or transferred. 5.20.310 Standards for driver conduct. (A) All taxicab drivers shall be clean and neat in appearance, and shall wear shoes at all times while on duty. Nothing in this chapter shall preclude any franchisee from establishing a dress code or similar rules to regulate the appearance of all drivers. Chapter 5.20 VEHICLES FOR HIRE (B) It is unlawful to solicit fares by misrepresenting in any manner the identity of the owner of the taxi for hire or the business for which the fare is solicited. It is also unlawful to misrepresent the location, travel time or distance to any destination to which a passenger seeks transportation. (C) It is unlawful to interfere in any manner whatsoever with any person who is negotiating for, inquiring about transportation in or employing a vehicle for hire. (D) It is unlawful for a driver of any taxicab to obstruct any street or sidewalk. (E) A driver of any taxicab shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the vehicle unless the passenger indicates otherwise. (F) Drivers shall confirm that passengers are securely seated and their possessions, if any, are secure, and the door closed, before beginning the trip. (G) Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate disembarking location before leaving the destination. (H) Drivers shall board passengers at the nearest safe, legal and feasible point to the passenger's location and shall disembark passengers at a point from which they can safely proceed. (1) Lost Property—Report and Recordkeeping Required. All property of value found by drivers or franchisees in the vehicles for hire operated by them, or delivered to them by any person who has found it, shall be reported to the Department of Public Safety within 48 hours, unless the property has been claimed by and returned to the rightful owner within that time. Every franchisee shall keep a record of all such property, whether returned to the owner of the property or not, for a period of not less than 90 days. (J) Service Denial. It is unlawful for a driver or franchisee to refuse a prospective fare: (1) Based on the distance of the route for which the service is requested, or the geographic location of either the origin or destination of the trip, except where that distance exceeds a total of 50 miles beyond the City limits of the City of Rohnert Park; (2) To take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, or disability, including the use of service animals. (K) A driver may inquire whether an animal is a service animal, but may not require a disabled person to show any documentation of disability or certification of the animal's status as a service animal. The driver may require service animals not in carrying containers to remain on the floor of the vehicle. 5.20.320 Taxicab stands. (A) The City may designate areas on public streets or in public parking lots as taxicab stands to be occupied by taxicabs immediately available for hire. All taxicab stands shall be indicated by curb painting or signs. (B) Taxicab stands shall be for the joint use of franchisees and drivers permitted to operate within the City, and the commercial loading and unloading of freight where so Chapter 5.20 VEHICLES FOR HIRE designated. No taxicab shall be parked in a space designated as a taxicab stand without properly displaying a valid permit issued by the City. (C) No taxicab shall be parked unattended in any taxicab stand for a period of time exceeding 15 minutes. (D) Taxicab drivers are prohibited from standing or parking at a parking meter while awaiting passengers in blocks or lots where taxicab stands have been designated by the City. Taxicab drivers must comply with posted requirements to pay meters while parked in any authorized meter space. (E) The City may temporarily designate space for the exclusive use of taxicabs when conditions so warrant. 5.20.330 Insurance. (A) Before a franchise for the operation of any taxicab business may be awarded, there shall be filed with the City a certificate of insurance acceptable to the City, naming the franchisee against losses to persons or property arising out of the operation of the taxicab business in the following minimum amounts, or such minimum amounts as may hereafter be established by the City's Risk Manager or City Council policy: (B) Worker's Compensation Insurance and Employers Liability Insurance. (1) Workers compensation insurance and employers liability insurance with statutory limits as required by the Labor Code of the State of California. (2) Employers liability with limits of $1,000,000.00 per accident; $1,000,000.00 disease per employee; $1,000,000.00 disease per policy. (3) If a franchisee has no employees at the time a franchise agreement is awarded, then he or she must obtain worker's compensation and employers liability insurance should any employee be hired during the term of the franchise agreement. (C) Commercial Automobile Liability. (1) Minimum Limits. (a) $500,000.00 combined single limit per accident; or (b) $250,000.00 bodily injury per person, $500,000.00 bodily injury per accident and $100,000.00 property damage per accident—for each taxicab that is owned and/or operated by the franchisee in the City of Rohnert Park, or that is otherwise used in the City of Rohnert Park by the franchisee pursuant to a business relationship with a taxicab driver. (2) The franchisee shall disclose any deductible or self-insured retention. This deductible or self-insured retention must be approved in advance by the City. (D) Standards for Insurance Companies. Insurers shall have an A.M. Best's rating of at least A:VII. (E) Documentation Requirements. (1) The name and address for certificates of insurance shall be: City of Rohnert Park, 130 Avram Avenue, Rohnert Park, CA 94928. (2) Required evidence of coverage shall be submitted for any renewal or replacement of a policy that already exists, at least 10 days before expiration or other termination of the existing policy. Chapter 5.20 VEHICLES FOR HIRE (3) The franchisee shall provide immediate written notice if. (a) any of the required insurance policies is terminated; (b) the limits of any of the required policies are reduced; or (c) the deductible or self-insured retention is increased. (4) Upon written request, certified copies of required insurance policies must be provided to the City within 30 days. 5.20.340 Alcohol/controlled substance testing. (A) No taxicab drivers permit may be issued or renewed unless the applicant at the time of permit application or renewal has submitted to the Department of Public Safety valid certification that a mandatory controlled substance and alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5 is maintained by the franchisee for all drivers of taxicabs operated under the franchise agreement. (B) No taxicab driver's permit may be issued or renewed unless the applicant at the time of the permit issuance or renewal, files with the City certification that the permit applicant has tested negatively, within the past 30 days prior to submitting the application, for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5. Driver's permit applicants who test positively shall be ineligible to apply again for a driver's permit during the five-year period following the positive test. Driver's permit renewal applicants who have tested positively pursuant to random alcohol/controlled substance testing shall not be eligible to apply for their driver's permit renewal until they have successfully completed an accredited substance abuse program in accordance with Government Code Section 53075.5. (C) The costs of taking an alcohol/controlled substance test of an employee shall be paid by the franchisee. (D) The test results shall be reported directly to the franchisee who shall be required to notify the City of all positive results. (E) A test meeting the requirements of this section that is taken to obtain a driver's permit in another jurisdiction shall be accepted as though conducted as part of the permit renewal process for the City for up to 30 days from the date the test was taken and the application was submitted. The prior test shall apply only for purposes of renewing a driver's permit, so long as the driver has not tested positive thereafter. However, a negative result from a test taken for another jurisdiction shall not satisfy the testing requirements to receive an initial (new) permit as imposed by this chapter. (F) All test results shall be confidential and shall not be released without the consent of the driver, except as provided herein or as authorized or required by law. (Ord. 3964 § 1, 2011) 5.20.350 Franchisees not to employ unlicensed drivers. Chapter 5.20 VEHICLES FOR HIRE No franchisee shall permit any person to act as a driver who does not possess a valid California driver's license and a driver's permit issued under this chapter. 5.20.360 Taximeters. (A) All taxicabs operated in the City shall be equipped with a taximeter of a type and design approved by the State of California Division of Measurements Standards and: (1) The franchisee or owner of any taxicab shall keep the taximeter accurate at all times; (2) The taximeter shall be certified by the Sonoma County Weights and Measurements Department and sealed with a current County seal; (3) Testing and certification shall be conducted by the Sonoma County Weights and Measurements Department on an annual basis; (4) The City shall have the right to inspect any taximeter. Upon discovery of any inaccuracy in a taximeter, the City may remove, or cause to be removed, from service the taxicab so equipped until the taximeter has been properly repaired and accurately adjusted; (5) The lead wire seal on all taximeters shall be maintained at all times. (B) The taximeter shall not charge a fare greater than the posted rate. (C) It is unlawful for any driver or operator of any taxicab to set the taximeter in operation when the vehicle is not actually employed for hire or for carrying passengers. (D) It is unlawful for any driver or operator of any taxicab to fail to set the taximeter to a nonrecording position at the termination of each and every service and to call the attention of the passenger to the amount registered. (E) It is unlawful for any driver or operator of a taxicab, while carrying passengers or under employment, to fail to activate the taximeter, or to activate the taximeter in such a position as to denote that the driver is employed at a rate of fare different than that authorized or registered. 5.20.370 Rates and information to be displayed. (A) Every taxicab shall at all tirnes have displayed in a conspicuous place in the passenger compartment a sign stating in clearly legible characters the rates of fare charged for carrying passengers, and any additional fees that may apply such as a bridge toll. (B) Any proposed change in a rate schedule, unless it's a reduction from the currently established rate schedule, must be filed with the Department of Public Safety . Changes to the rate schedule shall only be allowed once in a 12 -month period. No changes to the rate schedule shall take effect until approval is received from the Director of Public Safety, which approval shall not be unreasonably withheld. (C) The charge for any service to taxicab patrons shall be calculated and shown by a taximeter. This meter shall be located and operated so that the reading dial showing the amount to be charged is well -lit and easily read by any passenger. (D) A valid taxi driver's permit issued under this chapter must be clearly displayed in view of the passenger at all times. Chapter 5.20 VEHICLES FOR HIRE (E) Within the interior of every taxicab permitted by this chapter, and in a location readily visible to the passenger, shall appear a sign, no smaller than six inches by four inches with lettering as large as the size of the sign will reasonably allow, containing all of the following information as outlined in Vehicle Code Section 27908: (1) The name, address, and telephone number of the taxicab company; (2) The name, address, and telephone number of the agency regulating the operation of the taxicab: Rohnert Park Department of Public Safety 500 City Center Drive Rohnert Park, CA 94928 (707)584-2600 (F) If requested every driver shall give a receipt upon a payment of the correct fare. The receipt shall contain the name of the taxicab business and the driver, taxi license number, date of transaction, the meter reading and the amount of fare. 5.20.380 Excessive charges. (A) No franchisee, operator or driver of any taxicab, operated under a City franchise, shall in connection with any fare or trip originating in the City charge, collect, demand or receive a rate or fee in excess of the amount authorized or approved by the City. (B) Any franchisee, operator or driver who overcharges a taxicab fare shall be liable to the person who hires the taxicab for the amount of the overcharge. (C) The remedies provided by this section shall be in addition to any other legal or equitable remedies that may be available, and are not intended to be exclusive. (D) In the event that a taxicab, while conveying for hire any passenger, becomes disabled or breaks down, the time stoppage shall be deducted from the time charged. 5.20.390 Refusal to convey. It is unlawful for the franchisee, owner, driver, or operator of any taxicab operating under a City franchise, to fail or refuse, or to permit the failure or refusal, when in service and not otherwise engaged for hire, to transport to his or her announced destination in the City, any person who presents him or herself for carriage in a sober and orderly manner and for a lawful purpose. 5.20.400 Direct route. Every taxicab driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination unless otherwise specifically requested by the passengers Chapter 5.20 VEHICLES FOR HIRE 5.20.410 Taxicabs from other municipalities. The driver of a taxicab authorized to operate in any municipality other than the City may transport passengers from such municipality to a destination within or beyond the City limits, provided that the driver shall not seek nor accept passengers within the City of Rohnert Park. 5.20.420 Failure to pay unlawful. Except where credit is extended, any person who fails or refuses to pay at the end of the trip, or the termination or discharge of service, the legal fare for a taxicab that he or she has hired, shall be guilty of a misdemeanor. Drivers shall not accept any form of payment other than cash or credit/debit card. 5.20.430 Service provided. (A) The following taxicab services are authorized to be provided: (1) Exclusive ride, which shall mean exclusive use of a taxicab by one or more passengers at a time. Shared ride, which shall mean nonexclusive use of a taxicab by two or more unrelated passengers, traveling between different points of origin and/or destination and traveling in the same general direction; (2) No passengers shall be grouped together without the express consent of the first passenger who hires the taxi. If consent to a shared group ride is granted, the fare to be charged shall be determined upon mutual agreement by the driver and the prospective passengers prior to boarding the taxi. (B) Flag Loads Permitted. Flag loads, meaning passengers soliciting a taxicab for hire at random points on the street, may be picked up at any location within the City except when it is apparent that the prospective passenger has already arranged for a taxicab operated by another person or company and is waiting for it to arrive. (C) Solicitation of Fares Permitted. Solicitation of fares is permitted when located at an authorized taxicab stand. A taxicab driver shall not repeatedly drive a taxi back and forth in front of, or otherwise interfere with the orderly ingress and egress to, any theatre, hall, hotel, railway or bus station, or other public place or gathering. No taxicab driver shall leave a cab or approach and solicit any pedestrian upon a sidewalk adjacent to any theatre, hall, hotel, railway or bus station or other public place or gathering. (D) Passengers Not to Ride with Driver—Exceptions. All persons other than the driver shall ride in the rear passenger compartment of the taxicab, except passengers who are physically disabled, or are unable to get into the rear passenger compartment or have extreme difficulty in doing so, or where there are more passengers than can be accommodated in the rear compartment. (E) Light Baggage to be Transported in Taxicab without Charge. Persons engaging a taxicab shall be entitled to have such valises, small hand baggage, groceries and other similar purchases or wheel chairs as can be conveniently carried within the vehicle loaded, conveyed and unloaded at the point of deboarding without charge. If a driver carries or conveys these items Chapter 5.20 VEHICLES FOR HIRE to a point beyond the point of deboarding, the driver may leave the taximeter running and the passenger shall be obligated to pay for the time required to convey the items; provided that the driver first inform the passenger that the taximeter will be kept running. (F) Daily Operation Required. Every franchisee shall regularly and daily operate his or her business to the extent reasonably necessary to meet the public demand for service. Upon abandonment of a taxi business for a period of 30 consecutive days, the franchise agreement may be terminated and any permit issued in connection with the franchise revoked by the City. 5.20.440 Recordkeeping requirements. (A) Daily Manifest. (1) The driver of every taxi for hire shall keep a separate manifest of every service rendered and shall include the following information: (a) The time the vehicle went on and off duty; (b) The vehicle identification number and driver's full name; (c) Location where passengers entered vehicle; (d) Date and time of entry; (e) Number of passengers; (f) Location where passengers were discharged; (g) Amount of fare collected. (2) The franchisee shall keep all manifests in a safe place for a period of not less than three years after date of service rendered. Any and all manifests shall be made available upon demand for inspection by the City. (3) It is unlawful for any driver to fail to properly complete any required manifest. (4) The falsifying of any manifest by a franchisee or driver is unlawful and may be grounds for termination of the franchise agreement and/or revocation of driver's permit. (B) Taxicab and Employee Records. Each franchisee shall keep a record of all taxicabs operated and shall maintain at all times a complete and accurate record of all drivers employed. These records shall contain, at a minimum, the name, address, the dates of employment of all drivers, the identification of each vehicle driven by each driver, and the hours during each day and night worked by each driver. These records shall be produced to the City at any time upon reasonable demand, and shall not be destroyed without the written permission of the City. 5.20.450 Enforcement—Violation—Public nuisance—Penalty. (A) The City and authorized employees are empowered to investigate and conduct inspections to determine whether franchisees and other persons are complying with this chapter. (B) It is unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this chapter. Every person who violates or fails to comply with any provision of this chapter is guilty of a misdemeanor. (C) In addition to the penalties provided in this section, any violation of any provision of this chapter shall be and is declared to be a public nuisance. Furthermore, any violation of any Chapter 5.20 VEHICLES FOR HIRE provision of this chapter shall be and is declared to be contrary to the public interest and shall at the discretion of the City create a cause of action for injunctive relief. (D) The remedies set forth in this chapter are cumulative. 5.20.460 Smoking in taxicabs prohibited. (A) Smoking in taxicabs is prohibited at all times whether or not the taxi is in operation. (B) A taxicab driver may refuse to transport any person who refuses to obey the prohibition against smoking in taxicabs. 5.20.470 Permit appeals. Permits may be denied, revoked, suspended, or appealed under the following procedures: (A) The Director of Public Safety may deny any application for a permit authorized by this title or may revoke, suspend, condition or limit any such permit upon making a written finding of facts upon which the Director of Public Safety may reasonably base one or more of the following causes for such action: (1) Where it appears that the permittee is not eligible for the holding of such permit in accordance either with this chapter or state law; (2) Where it appears that the applicant for the permit made one or more false, misleading or fraudulent statements in the permit application; (3) Where it appears that the activity allowed by the permit has not been conducted in accordance with statements in the permit application or as required by either this code or state law; (4) Where it appears that there have been violations of federal, state or local law committed at the location or in conjunction with the activity conducted pursuant to the permit; (5) Where it appears that the conduct of the activity allowed by the permit is, is likely to be, or has been, detrimental to the health, safety or morals of residents of the City. (B) Where the Director of Public Safety has acted in accordance with this section, the Director of Public Safety shall provide the permit applicant or permittee with notice of such findings and determination. Such notice shall state the grounds upon which such denial, revocation, suspension, limitation or conditioning of the permit is based. Within 10 days after such notice, the applicant or permittee may request that a hearing be held. This request shall be in writing and shall state in general any facts upon which the applicant or permittee objects to the action of the Director of Public Safety. (C) Hearing. (1) Upon receipt of such hearing request and after giving reasonable notice to the applicant or permittee, the Director of Public Safety, or a person designated by the Director of Public Safety as hearing officer, shall convene a hearing. (2) At the hearing, the applicant or permittee, or a representative appointed by him or her, may present evidence to rebut the findings and determination made in accordance with Subsection 5.20.470(A). In addition, the hearing officer may receive and consider any other Chapter 5.20 VEHICLES FOR HIRE evidence which may bear upon said findings and determination, provided that the applicant or permittee shall be given a reasonable opportunity to respond to all such evidence. (D) Decision. (1) Within 30 days after the conclusion of the hearing, the Director of Public Safety shall mail a notice of decision to the applicant or permittee and all other persons who participated in the hearing and requested such notice. The notice shall be in writing and shall state the decision as well as finding of fact which support the decision. Any decision to deny, revoke, suspend or limit or condition a permit must be based upon one or more of the causes specified in Subsection 5.20.470(A). In addition, the notice of decision must inform the applicant or permittee of the right to appeal. (2) If the Director of Public Safety determines that sufficient cause exists, the Director of Public Safety may deny, revoke or suspend the permit or may place appropriate conditions and limitations upon activities conducted pursuant to the permit. (3) The determination contained in the notice of decision shall be final; provided that such determination may be appealed in accordance with Section 5.20.100. (E) Objection to permit by affected party. (1) Any person adversely affected by the issuance of any permit issued pursuant to this chapter may object in writing to such permit and demand a hearing on such objection. The written request for hearing shall state one or more of the grounds set forth in Subsection 5.20.470(A) as well as evidence supporting such grounds. In addition, such objecting party shall state whether he or she demands denial, revocation or suspension of the permit or the placing of appropriate limitations or conditions upon the permit. (2) Upon receipt of such written objections, the Director of Public Safety shall review the written objections and conduct a hearing in accordance with Subsection 5.20.470(B) -(C). (3) Upon conclusion of the hearing on objections, the Director of Public Safety may issue a notice of decision in accordance with Subsection 5.20.470(D). 5.20.480 Charges and costs. A charge may be imposed for the reasonable regulatory costs incurred by the City for issuing franchises and permits, performing investigations and inspections, and the administrative enforcement and adjudication of actions or proceedings under this chapter.