Division 9 — RESIDENTIAL USE TYPE — Alturas Zoning Code

28.38.010 - Community care facilities. ¶

A.

Applicability. The standards set forth in this Section shall apply to all Community Care Facilities as defined in Article VIII.

B.

Administrative Permit Approval. Where allowed by the Land Use Matrix in Article II, Division 3, an Administrative Permit for Community Care Facilities may be approved if all of the following conditions are met.

1.

Small Residential Facilities. The facility meets the Article VIII definition of a Small Residential Facility, is housed in a Single Family Dwelling, and meets the requirements of State Code for operation. A Secondary Dwelling may also be used, but the operator of the facility must live on site and be the primary care-giver. No signs are permitted advertising the use, and helpers coming to assist with care are limited to two per day. The Administrative Permit shall indicate what areas are available for use by the residents and the hours that outdoor areas will be available for use.

2.

Public Notice Requirement. Contiguous Properties.

D.

Use Permit Approval. Where allowed by the Land Use Matrix in Article II, Division 3, a Use Permit for a Community Care Facility may be approved if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

Large Residential Facilities. The facility meets the Article VIII definition of a Large Residential Facility, is housed in a Single Family Dwelling or a structure that is appropriate for the neighborhood, and meets the requirements of State Code for operation. A Secondary Dwelling may also be used. The operator of the facility must live on site and be the primary care-giver. One sign, not to exceed six square feet, is permitted to identify the use. The Use Permit should be conditioned to approve the sign's placement, the number of employees permitted on site at any given time, parking requirements, and outdoor areas available to the residents, as well as the hours available for outdoor activities.

3.

Commercial Facilities. The facility meets the Article VIII definition of a Commercial Facility and the requirements of State Code for operation. The facility is subject to all the Site Planning and Development Standards of Article IV. The Use Permit should be conditioned to approve the placement of signage, the number of employees permitted on site at any given time, parking requirements, and outdoor areas available to the residents, as well as the hours available for outdoor activities.

(Ord. No. 503, 12-16-2014)

28.38.020 - Day care facilities.

A.

Applicability. The standards set forth in this Section shall apply to all Day Care Facilities as defined in Article VIII.

B.

Administrative Permit Approval. Where allowed by the Land Use Matrix in Article II, Division 3, an Administrative Permit for Day Care Facilities may be approved if all of the following conditions are met.

1.

Small Residential Facility. The facility meets the Article VIII definition of a Small Residential Facility, is housed in a Single Family Dwelling, and meets the requirements of State Code for operation. A Secondary Dwelling may also be used, but the operator of the facility must live on site and be the primary care-giver. No signs are permitted advertising the use, and helpers coming to assist with care are limited to two per day. The Administrative Permit shall indicate what areas are available for use by the residents and the hours that outdoor areas will be available for use as well as general operating hours of the facility, which should not accept pick-up or delivery of clients between 9:00 p.m. and 6:00 a.m.

2.

Public Notice Requirement. Contiguous Properties.

Use Permit Approval. Where allowed by the Land Use Matrix in Article II, Division 3, a Use Permit for a Day Care Facility may be approved if all of the following conditions are met:

1. Findings. Standard Use Permit findings can be made.

2.

3.

(Ord. No. 503, 12-16-2014)

28.38.030 - Dwellings, multi-family.

A.

Applicability. The standards set forth in this Section shall apply to Multi-Family Dwellings as defined in Article VIII.

B.

General Standards. The following conditions are applicable to all Multi-Family Dwellings, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1.

Site Planning and Design Standards. Developments with more than four units on a Lot are considered commercial developments and are subject to the Site Planning and Design Standards of Article IV.

C.

Use Permit Approval. Where allowed by the Land Use Matrix in Article II, Division 3, a Use Permit may be approved for a Multi-Family Dwelling if all of the following conditions are met:

Findings. Standard Use Permit findings can be made.

2.

In C1 Zone. Dwelling Units are part of a mixed use development and do not occupy the first floor.

(Ord. No. 503, 12-16-2014)

28.38.040 - Dwellings, secondary. ¶

A.

Applicability. The standards set forth in this Section shall apply to Secondary Dwellings as defined in Article VIII.

B.

Intent. This Section implements California Government Code Section 65852.150 et seq. regarding Secondary Dwellings.

C.

Administrative Permit Approval. An Administrative Permit for a Secondary Dwelling Unit must be approved, per California Government Code Section 65852.2.(b)(1), if all of the following conditions are met.

1.

Re-Sale. The Unit cannot be sold separately from the Primary Dwelling Unit.

2.

Zoning. The lot is zoned for single family or multi-family use.

3.

Primary Dwelling. The lot contains an existing Single family Dwelling.

4.

Location. The second unit is proposed to be attached to the existing single family Dwelling or detached from the existing dwelling but located on the same Lot.

5.

Maximum Floor Area. State Law indicates the floor area of an attached Secondary Dwelling shall not exceed 30% of the existing living area. The total floor area of a detached Secondary Dwelling shall not exceed 1,200 square feet.

However, per California Government Code Section 65852.2(d), the City is permitted to establish minimum and maximum unit size requirements for both attached and detached Secondary Units, and this chapter hereby establishes the following table for Secondary Dwelling Units based on Lot Size.

Table 28.38.040

Table 28.38.040
Lot Area	Maximum Floor Area
Up to 5,999 sq. ft.	600 sq. ft.
6,000—19,999 sq. ft.	800 sq. ft.
20,000 sq. ft. or greater	1,200 sq. ft.

Table 28.38.040 shows the maximum floor area allowed for either an attached or detached Secondary Dwelling, with the exception that attached Secondary Dwellings cannot exceed 30 percent of the square footage of the primary dwelling.

6.

Conformance with Standard Development Requirements. The project conforms to all other height, setback, lot coverage, architectural review, site plan review, building code, fees, charges and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

7.

Guest House Limitation. If a detached Guest House exists on site, the Guest House may be converted to a Second Dwelling Unit, or the Second Dwelling Unit must be attached to the Primary Dwelling and designed in such a way as to retain the appearance of one dwelling unit.

(Ord. No. 503, 12-16-2014)

28.38.050 - Dwellings, single family. ¶

A.

Applicability. The standards and restrictions set forth in this Section shall apply to both Single Family Attached and Detached Dwellings where they are the Primary Use on site as defined in Article VIII. These provisions do not apply to Commercial Caretaker Housing, Multi-Family Housing, or Mobile Home Parks.

B.

General Provisions. The following are considered common uses and structures on lots developed with one Single Family Dwelling as the Primary Use. They are therefore permitted either by right or permit as noted below.

1.

Secondary Dwelling Unit. One Secondary Dwelling unit may be approved by an Administrative Permit pursuant to the conditions of Section 28.38.040.

2.

Guest House. One Guest House may be approved by Administrative Permit pursuant to the conditions of Section 28.38.060.

3.

Accessory Structures. The following accessory structures are permitted upon approval of any necessary building permits as long as they are placed outside the setback specified for Accessory Structures within the applicable zone.

a.

One Garage, either attached or detached, not to exceed 750 square feet or 25 feet in height without an Administrative Permit. Door height is limited to 10 feet, unless a larger door is approved by Administrative Permit (processed pursuant to Section 28.52.010). At the discretion of the Director, said Administrative Permit may also require an elevation drawing to determine visual impacts of the project.

b.

One Workshop or Art Studio, either attached to other structures on site, or detached, not to exceed 600 square feet without an Administrative Permit. The workshop door is also limited to 10 feet in height unless a larger door is approved by Administrative Permit (processed pursuant to Section 28.52.010).

c.

One Shed for every 6,000 square feet of Lot area, not to exceed 120 square feet per shed without an Administrative Permit (processed pursuant to Section 28.52.010).

d.

One Pool, either built-in or above ground.

e.

For AG and RR Zones: One barn, not to exceed 1500 square feet and 25 feet in height without an Administrative Permit, and animal shelters as needed to comply with the Animal Regulations.

f.

Containers. The use of semi-trailers, shipping or cargo containers (such as sea-land containers) railroad cars, or similar storage units are prohibited unless approved as a Temporary Storage facility for a construction staging area as permitted by Section 28.35.020. In no case shall the container remain on site past issuance of occupancy for the structure.

Garage Sales. Up to four garage sales are permitted by right each year as long as they are run by residents of the property. Additional sales require an Administrative Permit processed pursuant to Section 28.52.010.

5.

Recreational Vehicle and Boat Storage. On lots that are a minimum of 6,000 square feet with an existing Single Family Dwelling, one boat, camper shell, camp or cargo trailer, or Recreational Vehicle (RV) may be stored outside on site by right as long as it is:

a.

In operable condition,

b.

Owned by the resident of the property,

c.

Stored on the back half of the Lot behind a fence that is a minimum of 4 feet high,

d.

Not use as living accommodations while it is stored on site,

e.

No automobiles are stored on the back half of the lot, and

f.

The yard is kept free of weeds and debris.

g.

Its presence, along with any other Outside Storage does not exceed the limits set by Subsection 7.b.

One additional boat, camper shell, camp or cargo trailer, or RV may be permitted by Administrative Permit (processed pursuant to Section 28.52.010) if the lot is a minimum of 10,000 square feet in size and all of the above conditions are met.

6.

Automobile Storage and Repair.

a.

Front Lot Vehicle Parking. Only operable vehicles are permitted to be parked in the front half of a property, and they are required to be located on a paved driveway, leaving the sidewalk and right-of-way clear of obstruction. No more than two vehicles per lot may be parked in this manner, and these vehicles do not count toward the Outdoor Storage limitations of Subsection 7.b.

b.

Garage Storage and Repair. The storage and/or repair of vehicles in a fully enclosed garage is permitted by right, as long as the vehicles are owned by a resident on site. In addition, automobiles and equipment may be removed from the garage and repaired in the driveway by right as long as all materials and equipment are returned to the garage or indoor storage area by sundown.

c.

Outdoor Storage and Repair. On lots that are a minimum of 6,000 square feet, one vehicle is allowed to be stored and repaired outside by right as long as the vehicle is owned by a resident on site, and the vehicle is being stored and repaired on the rear half of the property, behind a six foot fence or landscaping that fully screens the storage/work area from the view of adjacent property owners and nearby public streets. The outdoor storage of vehicles in this manner counts toward the Outdoor Storage limitations of Subsection 7.b.

7.

Material Storage.

a.

Inside Storage. There shall be no limit to the amount of material or equipment stored when all materials and equipment are stored inside an enclosed structure.

b.

Outside Storage. All outside areas shall be fully screened from public view and shall take up no more than 10% of the property area. Storage material shall be placed no higher than the screening material, and shall be located in such a manner as to not become a hindrance for emergency personnel that may require access to the property. Storage areas must also be kept free of weeds and debris that may cause a fire hazard. Automobile and equipment storage is included in this category. Neatly stacked firewood is not included in this category and is therefore exempt from the screening requirement of this Subsection.

8.

Home Occupations. Businesses that qualify as "Home Occupations" may be operated out of the home subject to the requirements of Section 28.38.070.

(Ord. No. 503, 12-16-2014)

28.38.055. - Emergency shelter. ¶

A.

Applicability. The standards set forth in this section shall apply to emergency shelters that are intended to operate as a year-round facility as envisioned by California Government Code § 65583(4)(A) and defined in Article 8.

General Standards. The following conditions are applicable to emergency shelters operated pursuant to these land use restrictions, where permitted pursuant to the Land Use Matrix in section 28.22:

1.

Site Planning and Design Standards. Housing developments fitting the definition of emergency shelters are subject to the same site planning and development standards as multi-family dwellings.

2.

The maximum number of beds or persons permitted to be served nightly by the facility shall be 30, exclusive of on-site employees.

3.

Off-street parking shall be the same as that required for transitional housing unless clear evidence is provided that a reduced number will fully serve the facility without resorting to the use of on-street parking. Said reduction in parking may be approved by the planning director through the ministerial administrative permit process.

4.

The interior onsite waiting and client intake areas shall be sized to accommodate all clients seeking on-site services at any given time. An exterior courtyard is permitted as an overflow area for this purpose if it is not visible from any public street.

5.

Provision shall be made for on-site management to be present whenever clients are on-site. Said manager(s) may live at the establishment.

6.

The operation and maintenance agreement required by the site plan process shall include a provision that facility operators will provide on-site security personnel when and where required by the city's chief of police if there is an incident at the facility which, at the chief's sole discretion, demonstrates a need for onsite security.

(Ord. No. 522, § 2, 11-25-2019)

28.38.060 - Guest house. ¶

A.

Applicability. The standards and restrictions set forth in this Section shall apply to Guest Houses as defined in Article VIII.

B.

Administrative Permit Approval. An Administrative Permit for a Guest House, processed pursuant to Section 28.52.010, may be approved if all of the following conditions are met.

1.

Existing Single Family Dwelling. A Single Family Dwelling already exists on site.

2.

Floor Area Limitation. The proposed guest house is not more than 600 square feet (measured from the outside of the exterior guest house walls including all enclosed habitable or potentially habitable space).

3.

Secondary Dwelling Limitation. If a detached Secondary Dwelling exists on site, the Guest House must be attached to the Primary Dwelling and designed in such a way as to retain the appearance of one dwelling unit.

4.

Limitation on Use. As defined under Article VIII, a guest house:

a.

May contain a living area, a maximum of two bedrooms, and one bathroom. The living area may include a wet bar and a refrigerator no larger than 5 cubic feet in size;

b.

The Guest House may not contain laundry facilities, a Cooking Facility (or the room to install a Cooking Facility), a refrigerator in excess of 5 cubic feet, or a sink other than the bathroom and wet bar sinks;

c.

Shall be used for temporary, non-commercial sleeping quarters by visitors of the property owner or lessor (i.e., it cannot be rented out); and

d.

Shall not have an electric meter separate from the primary dwelling.

e.

The above restrictions must be recorded in the property's deed.

(Ord. No. 503, 12-16-2014)

28.38.070 - Home occupations.

A.

Applicability. The standards and restrictions set forth in this Section shall apply to Home Occupations as defined in Article VIII.

B.

Intent. This Section describes opportunities for home-based businesses compatible with many residential and agricultural uses in order to encourage employers to offer home workplace alternatives, and promote the economic self-sufficiency of City residents, while minimizing conflicts with adjacent property owners, maintaining the residential character of neighborhoods, and protecting the public health, safety, and welfare.

C.

General Provisions. Home Occupations shall be allowed by right, unless otherwise indicated below, in all Residential and Agricultural Zones if they are in compliance with the following standards:

1.

Business Location. All business is conducted within a structure permitted by Section 28.38.050, and the appearance of the structure is not altered in a way that would make it stand out in the neighborhood.

2.

Business License. As with all businesses in the City, a Business License is required to operate a business out of the home.

3.

Visibility. The activity shall not be visible from a right-of-way or road easement, nor shall it require vehicles of the property owner to be routinely parked on the street.

4.

Residency Requirement. The business shall be owned and operated by a person or persons residing on the premises.

5.

Visitors and Employees. The business owner may have on-site meetings with other business personnel who provide support service to the home occupation, such as accountants and transcribers. In addition, up to two full or part-time employees, under the direct payroll and supervision of the business owner, shall be allowed to work on site if a "Change of Use" is processed with the Building Department pursuant to Building Code Section 1101B.6 (Commercial Facilities Located in Private Residences).

6.

Retail Sales may occur on the premises by appointment only, or when conducted by telephone, mail, or Internet, with delivery occurring off-site.

Off-Site Disturbances. As part of the Home Occupation, no equipment or process shall be used that create noise, vibration, dust, glare, fumes, odors, or electrical interference detectable to the normal senses off-site unless an Administrative Permit is issued pursuant to Subsection D (below). In the case of electrical interference, no equipment or process shall be used that creates visual or audible interference in any radio or television receivers, or that causes fluctuations in line voltage off-site.

8.

Commercial delivery vehicles that are normally associated with residential uses may be utilized for the pick up or delivery of materials related to the home occupation.

9.

Heavy Commercial Vehicles, as defined in Article VIII (Vehicle, Heavy Commercial) are not permitted to deliver or pick up products or be stored on site except in AG zones or by Use Permit issued pursuant to Subsection E (below).

10.

Goods or materials used or manufactured as part of the home occupation shall not be visible from a rightof-way or road easement when stored.

11.

Business Signs. Signs advertising a home business are not permitted in any zone except under the following conditions:

a.

In AG and RR Zones. Signs advertising on-site animal or agriculturally related businesses are permitted by right with the approval of a Sign Permit processed pursuant to Section 28.52.020. Said signs are limited to one sign up to 10 square feet in size, and may be mounted on the side of a building, or placed on posts or a free-standing wall not over four feet in height (which would be the maximum overall height of the sign when measured from grade) unless otherwise approved by an Administrative Permit or Use Permit processed pursuant to Subsections D or E (below).

b.

In R3 Zones. Signs advertising on-site businesses are permitted by right, upon approval of a Sign Permit, processed pursuant to Section 28.52.020. Said signs are limited to one sign up to 10 square feet in size, and may be mounted on the side of a building, or placed on posts or a free-standing wall not over four feet in height (which would be the maximum overall height of the sign when measured from grade) unless otherwise approved by an Administrative Permit or Use Permit processed pursuant to Subsections D or E (below).

c.

All Other Uses and Zones. Signs advertising on-site businesses are not permitted unless they have been approved as part of an Administrative Permit or Use Permit processed pursuant to Subsections D or E

(below).

12.

Training and Tutoring. Student instruction shall be provided by appointment only, subject to the following standards:

a.

Student instruction shall be allowed between the hours of 8:00 a.m. and 8:00 p.m.

b.

Group lessons shall be limited to a maximum of six students per group lesson at any one time, once per day, on parcels less than one acre, or twice per day on parcels one acre or greater, provided adequate parking is available. Parking space that meets on-site residential requirements, as well as available parking space along the road frontage may be used.

c.

Student concerts, recitals, performance events, and showings are permitted on site if they are limited to forty attendees, are held between the hours of 9:00 a.m. and 9:00 p.m., are held no more often than four times per year. Any such events that exceed these limits must have an approved Special Event Permit subject to permit requirements and restrictions of Section 28.37.040.

13.

Home Occupations Involving Animals. All Home Occupations involving live animals must comply with the Animal Regulations in Article III, Division 2. In addition, the following restrictions apply.

a.

Stables and Equestrian Facilities. All businesses providing Stable or Equestrian Facilities as defined by Article VIII must comply with the requirements of Section 28.37.030. In the AG and RR Zones on lots with a minimum size of 5 acres, the following uses are allowed by right:

i.

Large Animal Training. Where the animals are boarded on site.

ii.

Riding Lessons, where lessons are given on a private or semi-private basis using animals boarded on site, with no more than two students in the ring at any one time, and no more than three training sessions per day.

iii.

Large and Medium Animal Boarding, where the number of animals does not exceed those permitted by the Animal Regulations.

b.

Animal Boarding. All animal boarding requires the approval of an Administrative Permit (for up to 6 dogs or 8 cats of any size and age, or up to 20 Small Animals, exclusive of the animals owned by the business owner), or a Use Permit processed pursuant to Subsection D or E below. This Subsection does not apply to businesses that board Large and Medium Animals (see Stables and Equestrian Facilities above).

c.

Dog Training. Permitted by right subject to the Training and Tutoring standards of Subsection 12 (above), provided that no animal is left unattended unless they are in a secure enclosure meeting the requirements of the Animal Regulations.

d.

Dog and Cat Grooming. Permitted by right where no more than four dog or cat clients are on the premises at any given time, and clients do not drop off animals before 9:00 a.m. or pick them up after 6:00 p.m., no animals are boarded overnight except in compliance with Subsection b (above), and no animal is left unattended unless they are in a secure enclosure meeting the requirements of the Animal Regulations.

14.

Home Occupations Involving the Repair or Use of Machinery. All Home Occupations involving the repair or use of any machine (other than hand tools) must secure an Administrative Permit (if all work will be conducted indoors) or a Use Permit (if any portion of the work will be conducted outdoors) processed pursuant to Subsections D and E (below).

D.

Administrative Permit Approval. Where required by Subsection C an Administrative Permit may be approved for a Home Occupation if all of the following conditions are met.

1.

It can be seen with certainty that the use, as proposed or conditioned, will have no detrimental impact on the surrounding neighborhood, or all of the contiguous property owners or their tenants have signed a petition approving the use;

2.

Adequate parking is available for the use;

3.

New facilities that need to be constructed for the use will be able to conform to all applicable Site Planning and Design Standards for the zone and its use;

4.

Provisions have been made for trash removal, sanitary facilities and site clean-up, and all applicable animal regulations are met.

5.

The business owner has signed a statement agreeing to abide by the conditions and limitations of the Administrative Permit, and understands that failure to comply with the Permit may result in the closure of the business and the removal of all business materials and equipment at the owner's expense.

6.

Public Notice Requirement. Contiguous Properties.

E.

Use Permit Approval. Where required by Subsection C, or where a use does not meet all of the "by right" requirements of Subsection C, Home Occupations in Residential and Agricultural zones may be allowed a Use Permit if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

(Ord. No. 503, 12-16-2014)

28.38.080 - Housing, commercial caretaker.

A.

Applicability. The standards set forth in this Section shall apply to Commercial Caretaker Housing as defined in Article VIII.

B.

Intent. Commercial Caretaker Housing is intended to be made available as an Accessory Use where the Primary Commercial, Industrial, Recreational, or Civic Use on site involves operations, equipment, or resources that require 24-hour security.

C.

Administrative Permit Approval. This use may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Occupancy. At least one of the occupants of the housing unit shall be an employee of the business, operation, or institution that qualifies for such housing in compliance with this Section.

2.

Location of Housing Unit. The housing unit shall be located on the same lot as the Primary Use that requires 24-hour security.

3.

In RC and OS Zones. The Decision Making Authority must confirm that the use, as conditioned, will not interfere with the resource protections intended by the zone.

4.

Housing Maintenance. All housing, whether permanent or temporary, shall meet the Development Standards for the zone and be subject to all applicable building, fire, and health codes.

a.

Permanent housing shall be constructed and maintained to conform to State Department of Housing and Community Development regulations for employee housing.

b.

Mobilehomes used for such housing shall be maintained in compliance with the applicable requirements of the Manufactured Housing Act (Health and Safety Code Section 18000 et seq.).

c.

Recreational vehicles and temporary structures may only be utilized where the housing is required for a temporary business site. For example, to provide security for a construction site.

5.

Removal of Housing Unit. A Commercial Caretaker Housing unit shall remain in use concurrent with the existence of the use that justifies the housing unit. Upon termination of the allowed use, the housing unit shall be removed (if a temporary structure), or converted to another allowed use (if a permanent structure).

(Ord. No. 503, 12-16-2014)

28.38.090 - Housing, transitional.

A.

Applicability. The standards set forth in this Section shall apply to Transitional Housing as defined in Article VIII.

B.

General Standards. All transitional housing shall conform to the development standards for its zone and under this chapter. For those facilities housing six or fewer persons, an Administrative Permit is required. For facilities housing seven or more persons a Use Permit is required.

C.

Administrative Permit Approval. This use may be approved by Administrative Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Location. The facility is located at least 1,000 feet from another transitional housing facility, as measured in a straight line without regard to intervening structures, between the nearest point of each property line.

2.

Fencing. A six-foot high solid fence shall be provided along all side and rear property lines.

3.

Landscaping. Landscaping shall be regularly maintained and irrigated.

4.

Signage. No signage is permitted.

5.

Outdoor Activities. All outdoor activities shall be conducted between the hours of 8:00 a.m. and 9:00 p.m.

6.

Business License. A valid business license is required prior to operation and shall be maintained as long as the use is in operation.

7.

Public Notice Requirement. Contiguous Properties.

D.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

Conditions. All of the conditions for the Administrative Permit are with the following exceptions:

a.

Signage. One Permanent Sign, not to exceed six square feet, is permitted to identify the use. The Use Permit should identify the location and type of signage permitted, and a Sign Permit should approve the design.

(Ord. No. 503, 12-16-2014)

28.38.100 - Mobile/manufactured home park. ¶

A.

Applicability. The standards set forth in this Section shall apply to Mobile/Manufactured Home Parks as defined in Article VIII.

B.

Use Permit Approval. Mobile/Manufactured Home Parks (called "Parks" for the purposes of this Section) may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

Zone. The Primary Zone for the property must be R3, and the zone must be in conformance with the General Plan.

3.

Minimum Area. The minimum area of the Park shall be four acres.

4.

Signs. Park entrance signs shall comply with the provisions under Article IV, Division 7 (Sign Standards). The location, size and type of sign permitted shall be specified in the Use Permit, and a sign permit shall be issued approving sign design.

5.

Water Supply and Sewage Disposal. The City Public Works Division shall determine whether adequate water supply and/or septic capability is available to serve the project.

6.

Structures and Recreational Facilities. The following standards apply to on-site structures:

a.

Commercial Caretaker's Residence. One Caretaker's residence is permitted per Park.

b.

Park Businesses. In addition to the Park office, the only business use permitted in the Park is one retail sales business and/or one restaurant sized to serve Park residents. The location, size and type of business

must be approved as part of the Use Permit.

c.

Other Structures. Parks may include minor accessory recreational uses or structures such as swimming pools and tennis courts and small storage structures for grounds keeping equipment and supplies. All other structures (other than the Mobile/Manufactured Homes) are limited to restrooms/showers and one clubhouse which may contain one commercial kitchen facility, all of which are for the exclusive use of Park residents and guests staying in the Campground/RV Area.

7.

Conditions. The following must be applied to the project:

a.

Compliance with State Law. All Parks shall be developed in compliance with the minimum standards of the Mobile Home Parks Act (Health and Safety Code 18200 et seq.) and the applicable Mobile Home Parks Regulations adopted by the Department of Housing and Community Development (Code of Regulations, Ordinance 25) including, but not limited to, lot size and setback standards, infrastructure requirements, operations, maintenance, and inspections within a mobile home park.

b.

Fencing. A fence, wall, landscaping screen, earth mound or other screening approved by the Director, or otherwise required by this chapter, shall be required as needed for protection of both the occupants of the Park and the public health, safety and welfare

c.

Access. Park access roads shall have clear and unobstructed access to a public roadway. There shall be no direct access from an individual Mobile/Manufactured Home site, campsite, RV Space or On-Site Business onto a public roadway.

d.

Trash Collection Areas. Trash collection areas shall be adequately distributed and enclosed by a six foot high landscape screen, solid wall or fence, which is accessible on one side but prevents scavenging by animals.

e.

Camp Ground/RV Use. Where a Campground and/or RV area is provided inside the Park, the maximum length of stay in the Campground/RV Area shall be 90 days in any twelve-month period.

f.

Parking. The Park shall provide off-street parking spaces for each Mobile Home and RV/Campsite Space in accordance with Article IV, Division 6 (Parking Standards).

g.

Signage. One Permanent Freestanding Sign, meeting the requirements of the Sign Standards of Article IV, Division 7, is permitted to identify the park. If a retail and/or restaurant business is on site in compliance with this section, it may have one wall sign, not to exceed 10 square feet, to advertise to park residents. The retail/restaurant sign may not be oriented toward a public street outside the park as it is intended to serve Park patrons only. In addition, the retail/restaurant business may not be advertised on the Freestanding Sign. The Use Permit should identify the size, location and type of all signage permitted, and a sign permit should approve the design of each sign.

(Ord. No. 503, 12-16-2014)

28.38.110 - Rooming house. ¶

A.

Applicability. The standards set forth in this Section shall apply to Rooming Houses as defined in Article VIII.

B.

General Standards. Rooming Houses must meet the following General Standards where allowed by the Land Use Matrix in Article II, Division 3:

1.

Blood Relations. Persons legally related to the owner or lessee of the property are exempt from these standards.

2.

Signage. Unless approved by a Use Permit, signage is not permitted to identify a Rooming House business.

3.

Residential Zones. Rooming Houses are permitted by right in all Single Family Dwellings under the following conditions:

a.

The owner or lessee of the structure must live on site.

b.

No more than two bedrooms may be leased at any given time, and the occupancy of each bedroom is limited to two people.

One off-street parking space must be provided for each bedroom that is rented out, in addition to one offsite parking space for the owner/lessee.

d.

Rooms must be leased on a monthly basis.

4.

C1, RC and OS Zones. Rooming Houses are permitted by Use Permit.

C.

Use Permit Approval. This use may be approved by Use Permit where allowed by the Land Use Matrix in Article II, Division 3 if all of the following conditions are met:

1.

Findings. Standard Use Permit findings can be made.

2.

Residency. The owner or lessee of the structure must live on site.

3.

Location. In C1 Zones, Rooming Houses may not occupy the first floor of a building.

4.

Business License. A valid business license is required prior to operation and shall be maintained as long as the use is in operation.

5.

Signage. One sign, consistent with the Sign Standards, is permitted to identify the use. The Use Permit shall identify the size, location and sign type, and a sign permit shall approve the design.

(Ord. No. 503, 12-16-2014)

ARTICLE IV. - SITE PLANNING AND DEVELOPMENT STANDARDS DIVISION 1. - OVERVIEW

28.40.010 - Content of article. ¶

This Article contains the site planning and development standards that apply to all development within the City unless otherwise indicated.

(Ord. No. 503, 12-16-2014)

28.40.020 - Agricultural site planning and development standards. ¶

All Agricultural Use Types listed in the Land Use Matrix (Table 28.22.020) are subject to all Site Planning and Development Standards of this Article with the exception of: Animal Raising and Keeping, and Crop Production.

(Ord. No. 503, 12-16-2014)

28.40.030 - Civic, commercial, industrial, public utility, and recreation and open space site planning and development standards.

All Civic, Commercial, Industrial, Public Utility, and Recreation and Open Space Use Types are subject to all Site Planning and Development Standards of this Article.

(Ord. No. 503, 12-16-2014)

28.40.040 - Residential site planning and development standards.

All Multi-Family Dwellings (as defined by Article VIII) are subject to all Site Planning and Development Standards of this Article.

Single Family Dwellings, Secondary Dwellings and Guest Houses (as defined in Article VIII), and all accessory structures normally associated with Single Family Dwellings, are only subject to the General Development Standards of this Article unless otherwise indicated by the Land Use Restrictions of Article III.

(Ord. No. 503, 12-16-2014)

DIVISION 2. - GENERAL DEVELOPMENT STANDARDS

28.41.010 - Content and applicability.

This Section identifies development standards that apply to all zones in order to provide consistent application of development standards throughout the City.

(Ord. No. 503, 12-16-2014)

28.41.020 - General development standards matrix.

Table 28.41.020 lists the General Development Standards that apply to each Primary Zone unless modified by this Section, a Use Permit (which can only impose more restrictive Standards), the Land Use Restrictions of Article III, or a Variance Permit. A more detailed description of each of these Standards follows this Matrix.

==> picture [360 x 291] intentionally omitted <==

Notes:

Except where property line abuts a residential zone, then minimum 10' setback is required.
Minimum lot size and width required by City Code Section 23-14(a) and (b) respectively.
Residential uses are prohibited on the first floor in the C1 zone, and limited to Commercial Caretaker Housing in non-residential zones pursuant to the Land Use Matrix.
Residential only allowed as a Mix-Use Development where residential is a secondary use to a primary recreation use.

(Ord. No. 503, 12-16-2014)

28.41.030 - Minimum lot size and width.

A.

Lot Area and Width Defined. The minimum area and width of lots shall be as defined in Table 28.41.020 for each zone.

B.

Measurement of Lot Width. Lot width shall be measured in accordance with the following:

Standard Lot. The lot width shall be measured at the edge of the right-of-way or road easement.

Cul-de-sac/Curved Road. Where a lot is located at the end of a cul-de-sac or on the outside curve of a road, the lot width shall be measured at the minimum front setback line as established by the development standards of the zone.

3.

Flag Lot. For a flag lot, the measurement requirements under Subsection A above shall be taken across the narrowest portion of the lot not containing the access strip.

4.

Corner Lot. The lot width shall be measured at the edge of the right-of-way or road easement that is selected as the primary front yard in the building plans.

(Ord. No. 503, 12-16-2014)

28.41.040 - Setbacks. ¶

A.

Requirements and Exceptions. All structures and buildings shall be located on a lot so as to conform to the setback requirements established for the zone in which the lot is located as set forth in Table 28.41.020, except as provided in:

1.

This Section,

2.

The Land Use Restrictions of Article III,

3.

A Use Permit (where setbacks can be made more restrictive, but not less restrictive), or

4.

As provided by an approved Variance Permit.

B.

Measurement of Setbacks. Setbacks shall be measured from the closest of either a property line, the edge of a road easement, or the edge of a right-of-way line (whichever is more restrictive) to the nearest point of the foundation or support of a building or structure, on a line perpendicular to the property line, road easement, or right-of-way line.

C.

Exceptions to Table 28.41.020. The following structures are exempt from the Setback Standards:

Fences, walls, gates, arbors and trellises subject to Section 28.41.060;

2.

Signs, subject to Article IV, Division 7.

(Ord. No. 503, 12-16-2014)

28.41.050 - Height limits.

A.

Requirements and Exceptions. All structures and buildings shall conform to the maximum height requirements established for the zone in which the lot is located as set forth in Table 28.41.020, except as provided in:

1.

This Section,

2.

The Land Use Restrictions of Article III,

3.

A Use Permit (where height limits can be made more restrictive, but not less restrictive), or

4.

As provided by an approved Variance Permit.

B.

Measurement of Building Height. The height of a building is determined by calculating the average finished grade of each building wall, and measuring the height between this average finished grade and the highest point of the building, as shown in Figure 28.41.050.A below. Where a retaining wall supporting a drop in grade is within a five foot horizontal distance from the exterior wall, the height of the retaining wall shall be included in the building height. If each building wall has a different height, then the average height of all four walls is calculated to determine the actual building height, as shown in Figure 28.41.050.A.

Figure 28.41.050.A

==> picture [360 x 248] intentionally omitted <==

C.

Exceptions to Building Height Requirements. Chimneys; church spires; elevator, mechanical and stair housings; flag poles; towers; vents; and other similar structures which are not used for human activity, may be up to 20 percent higher than the maximum height requirements in all zones where the excess height is not prohibited by Section 28.23.040 (Airport Safety Overlay Zone). The use of towers or similar structures to provide higher ceiling heights for habitable space shall be deemed a use intended for human activity. No structure permitted by this section shall be employed for any commercial or advertising use unless specifically allowed by the applicable zone, except that antennas and associated equipment may be located within or on such structures in conformance with Section 28.36.010.

(Ord. No. 503, 12-16-2014)

28.41.060 - Fences, walls, retaining walls, gates and trellises.

The following criteria shall apply to fences, walls, retaining walls, gates and trellises (collectively referred to as "fences" for this purpose of this section).

A.

Measurement of Fence Height. Fence height shall be measured as the vertical distance between the natural or finished grade at the base of the lowest side of the fence, and the top edge of the fence material, as shown in Figure 28.41.060.A below:

==> picture [360 x 231] intentionally omitted <==

B.

Materials. Agricultural Fencing types, as identified in Article VIII, are only permitted in Agricultural and Rural Residential zones.

C.

Front Yards. In all zones fences shall be allowed up to a height of four feet in both primary and secondary front yard setbacks, and Arbors (used as an entry element) may be as high as eight feet in height.

D.

Side and Rear Yards. In all zones, fences that are erected within five feet of a retaining wall shall be allowed within required side and rear yard setbacks to a maximum cumulative height of seven feet.

E.

Agricultural Zone Fence Height. On lots that are located in the AG (Agricultural) zone, Agricultural Fencing, as defined in Article VIII, shall be allowed in any setback area provided it does not exceed 8 feet in height.

F.

Retaining Walls. For the purposes of calculating fence or wall height, the height of a retaining wall is included in the calculation if the fence or wall is located on top of or within five feet of the retaining wall. A sloped area, if it exists between the retaining wall and the fence or wall shall be included in the height calculations as noted in Figure 28.41.060.B below:

==> picture [361 x 247] intentionally omitted <==

G.

Fences and Gates In or Across Rights-of-Way. Fences and gates shall not be allowed within a public road easement or City maintained right-of-way. Decorative entryways to a private road system may be allowed by Administrative Permit subject to the following:

1.

Gates are to be located to ensure they will not swing into any other right-of-way when operated; and

2.

Their installation must be consistent with applicable fire and building codes, and shall be equipped with an emergency access lock system approved by the fire department; and

3.

The gate will not impede public access to a public resource, such as a public park, or interfere with existing or planned traffic circulation patterns; and

4.

One pedestrian access shall be provided at each gated entrance; and

5.

A maintenance agreement shall be established and recorded for the gated development, unless this is already provided for in recorded CC&R's for the property. The agreement shall identify, and at all times keep in effect, a legal entity responsible for maintaining the gate(s) and associated features.

Prohibited Fencing Materials. Concertina wire, serpentine wire, barbed wire, razor wire, and other similar fencing materials capable of inflicting significant physical injury shall be prohibited. These regulations shall not apply to fencing required by court order, permitted by a Use Permit, or when being used for animal husbandry and/or grazing operations.

I.

Fence Height Limits Outside Setback Areas. Fences and walls not located within any of the required setback areas are limited in height only by the building height limitations of the zone in which they are located.

J.

C.

A Sign Permit that will not cause significant alterations to or change the character of the exterior of the property; or

D.

A Variance to the Development Regulations where it can be seen with certainty that approval of the Variance would not substantially change the character or use of the property.

(Ord. No. 503, 12-16-2014)

28.42.030 - Relationship to other permits and contracts. ¶

A.

Building Permits. Site Plans show not only the layout of the site, but also illustrate how the project will look in profile through the use of elevation drawings, color and material boards and other illustrations. They also provide the basis upon which landscape, lighting, parking and signage proposals can be evaluated. Therefore, they are critical to the approval of new development, and substantial renovations.

B.

Use Permits and Variances. Site plans provide visual information to help evaluate how well a project will fit into the community by helping to confirm the visual impacts of a project, and whether or not it meets the Site Planning and Development Standards of this Article. It also helps inform Use Permit and Variance process by helping to suggest mitigation measures, maintenance standards, and other conditions that should be included in Use Permit and Variance approvals.

C.

Maintenance Agreements. Since Site Plan approvals are not recorded documents, conditions of their approval do not "run with the land" as they do with Use Permits and Variances. Instead, conditions in a Site Plan are considered met once the building permit is signed off and a Certificate of Occupancy is approved. Therefore, any conditions that need to remain exactly as they were approved or need ongoing maintenance must be recorded in a Maintenance Agreement to ensure they are carried forward into the future.

(Ord. No. 503, 12-16-2014)

DIVISION 4. - LANDSCAPE STANDARDS

28.43.010 - Content. ¶

This section is adopted in compliance with the California Water Conservation Landscape Act, Government Code Section 65595(c)(1), to provide water conserving landscape standards for all new or substantially remodeled commercial, industrial and high density residential development within the City.

(Ord. No. 503, 12-16-2014)

28.43.020 - Applicability. ¶

All new or Substantially Improved industrial, commercial and high density residential development projects, including government projects, are subject to the landscape standards identified in this section unless they are specifically exempted by Section 28.43.040. Landscape Plan review shall be administered though the Site Plan Review process pursuant to Section 28.52.030, the Use Permit process pursuant to Section 28.52.040, or through any other discretionary permit that requires it as indicated in Article V, Division 3.

(Ord. No. 503, 12-16-2014)

28.43.030 - Landscape standards.

All Landscape Plans shall meet the following criteria.

A.

Preparation by Licensed Professional. The landscape plan shall be developed by one of the following professions licensed in the State of California: a Landscape Architect, a Landscape Contractor (who will also do the installation), or a Nurseryperson (as required by Section 5640 (et al.) of the California Business and Professions Code). The preparer's name, contact information and license number shall appear on all plan sheets.

B.

Document Size. Plans shall be submitted for review in a format large enough to read, but not less than 11″ x 17″.

C.

Landscape Area Defined. A minimum of 10% of the project area shall be landscaped with a combination of plants and hardscape in conformance with this section. While the Landscape Area must include the footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walkways, or areas designated for non-development (e.g., open spaces and existing native vegetation), these areas cannot be counted toward the 10% minimum Landscape Area requirement.

D.

Content of Plan: The plans shall include all of the following.

1.

A Site Plan showing the entire lot (including areas designated for non-development), drawn to scale, and showing the footprint of all buildings and structures.

2.

A plant key, including botanical and common names for all plants and the nature and type of plant (i.e., evergreen tree, deciduous tree, perennial shrub, flowering ground cover, evergreen groundcover, annual flower, etc.).

3.

A material key indicating the location and type of hardscape used in the plan.

4.

A landscape design plan that includes:

a.

A square footage measure of landscaped area.

b.

Appropriate landscape treatment of water retention basins and snow management areas.

c.

Drought tolerant landscaping appropriate to the area, with at least 50% of the landscape plants being evergreen to avoid a bare landscape in winter months.

d.

Not more than 50% of the required landscape area covered in rock. Where rock is utilized, various sizes should be utilized to provide interest. Artificially colored rock is not encouraged.

e.

Limited use of turf and other water intensive plants. If used at all, turf shall be restricted to active use or play areas.

5.

Trees planted throughout the development at a minimum density equivalent to 1 for every 300 square feet of landscaped area. Where a calculation results in a fraction of a tree, the number of trees required shall be rounded to the nearest whole number. Trees may be clustered in groups or planted individually. At least 50% of the trees must be evergreen trees to avoid a bare landscape in winter months.

6.

An irrigation plan, including:

a.

The use of automatic irrigation equipment designed for water conservation.

b.

Placement and calibration of irrigation equipment to minimize landscape irrigation overspray and runoff.

c.

A list of water conserving management practices specifically tailored to site conditions that can be included in a landscape maintenance agreement for the project. Such a document should include:

i.

Recommendations for the timing and duration of irrigation.

ii.

List of annuals and perennials that will need to be replanted, and recommendations as to when this should occur.

iii.

List of plants that will need regular trimming to maintain healthy growth, the degree to which they should be trimmed, and when this should occur.

iv.

Instructions for periodic mulching to ensure healthy plant growth and water conservation.

v.

What irrigation equipment will need periodic maintenance and adjustment, and when this should occur.

vi.

Any other information that will aid in conserving water.

7.

A grading plan showing the finished elevation of all landscaped areas in 1 foot contour lines.

(Ord. No. 503, 12-16-2014)

28.43.040 - Exemptions. ¶

The following projects are exempt from this Section.

A.

Any project that does not require discretionary review.

B.

Any project within the Downtown Historic District (-DH) Overlay Zone.

C.

Uses requiring a temporary permit. (For example: Staging Areas for construction, or Special Event permits.)

(Ord. No. 503, 12-16-2014)

DIVISION 5. - OUTDOOR LIGHTING STANDARDS

28.44.010 - Content. ¶

This Section provides standards consistent with prudent safety practices for the elimination of excess nighttime light and glare.

(Ord. No. 503, 12-16-2014)

28.44.020 - Outdoor lighting standards.

The following standards shall be applied to all new and Substantially Improved Commercial, Industrial, and High Density Residential projects, including government projects, through the Site Plan Review process pursuant to Section 28.52.030, the Use Permit process pursuant to Section 28.52.040, or through any other discretionary permit that requires it as indicated in Article V, Division 3.

A.

Building Illumination. All entry points to primary buildings and secondary structures (like a trash enclosure or shed) shall be lit at night for the convenience and security of employees and customers.

B.

Hours of Operation. All exterior lighting, including internally lit signs, shall be set on timers programmed to automatically go off no later than one hour after closing and go on no earlier than one hour before opening unless otherwise approved through a Variance or Use Permit as provided for in Article V, Division 3.

C.

Shielding Off-Site Areas. All outdoor lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line, or into the public right-of-way as illustrated in Figure 28.44.020.

==> picture [360 x 194] intentionally omitted <==

(Ord. No. 503, 12-16-2014)

28.44.030 - Exemptions.

The following lighting shall be exempt from the provisions of this Section:

A.

Airport lighting that is required for the safe and efficient movement of aircraft during flight, take off, landing, and taxiing. All other outdoor lighting at airport facilities shall comply with the provisions of this Section.

B.

C.

Combined Uses. In situations where a combination of uses or activities are developed on a single site (for example, a hotel that also provides restaurant facilities and a separate bar area or coffee house), parking shall be calculated for each separate use according to the parking schedule, except as otherwise provided by the parking schedule.

D.

On Street Parking in Commercial Zones. Where additional on-street parking is created due to improvements made by the project (for instance, the addition of curbs and gutters, where there were none previously), the new on-street parking created by this improvement may be counted toward the off-street parking requirement as part of the Site Plan Review process at the discretion of the Planning Commission.

E.

Off Street Parking in -DH Overlay Zone. Because of it's special historic nature and the ample parking provided by the Downtown Historic District's street grid pattern, commercial businesses located in the -DH, Downtown Historic District, Overlay Zone are exempt from providing off-street parking.

F.

Accessible Parking Requirement. The number of parking spaces required by Table 28.45.020 is inclusive of the accessible parking required by California Building Code Section 1129B (which shall be used to determine the number, location and design of all accessible parking provided within a development).

G.

Design Standard. Standard vehicle off-street parking areas shall conform to the dimensions and design standards illustrated in Figure 28.45.020. As noted in Subsection F, accessible parking shall be provided pursuant to the requirements and design standards of California Building Code Section 1129B.

Figure 28.45.020—Standard Parking Illustration

==> picture [360 x 304] intentionally omitted <==

Table 28.45.020 Off-Street Parking Requirements

==> picture [360 x 318] intentionally omitted <==

==> picture [360 x 482] intentionally omitted <==

==> picture [360 x 481] intentionally omitted <==

==> picture [360 x 521] intentionally omitted <==

(Ord. No. 503, 12-16-2014)

DIVISION 7. - SIGN STANDARDS

28.46.010 - Content and applicability. ¶

As noted in Article VIII, a sign is "a structure or device designed or intended to convey information to the public, or to identify or direct attention to a business, profession, commodity, service, event or entertainment venue in written or pictorial form."

This section specifies design and placement standards, as well as permit requirements, for signs within the City limits. It applies to all signs unless they are specifically exempted under Section 28.46.040 or another

section of this chapter. No sign shall be authorized, constructed, placed, maintained, altered or moved except in conformity with this section.

(Ord. No. 503, 12-16-2014)

(4)

Where no Free-Standing Sign is present, an additional 60 square feet of wall sign may be placed on a building if this additional signage faces at least 90 degrees away from all other wall signs.

(Ord. No. 503, 12-16-2014)

28.46.030 - General design, placement and maintenance criteria. ¶

All Permanent Signs shall conform to the following standards and conditions unless waived through the Use Permit process:

A.

Materials and Colors. Signs shall be harmonious with the materials, color, texture, size, shape, height, location and design of the building, property or neighborhood of which it is a part.

B.

Illumination. Signs may be internally or externally illuminated pursuant to the following conditions:

1.

When reflectors, flood lights, or spotlights are used to illuminate signs, they shall be installed, focused and maintained to concentrate their illumination upon the sign face or outdoor advertising structure face and shall not cause glare upon the street or adjacent private property or cause sky reflected glare.

2.

Signs shall be illuminated at the lowest level consistent with adequate identification and readability of the sign.

3.

Sign lights, whether internally or externally lit, shall be placed on a timer to automatically turn off, and remain off, when the store is closed for business.

4.

Signs operated by electricity that are intended to attract attention by flashing on and off, or simulating any motion through a series of rapid light or content changes, are not permitted unless they are emergency or roadway signs utilized by public works or emergency personnel, or they are window signs of not more than four square feet in total area per business.

5.

LED signs designed to provide changing content with a high resolution screen must be approved by Use Permit.

C.

Sign Maintenance and Removal. Sign Permits, including Use Permits approving sign placement, shall be conditioned to ensure that all signage is maintained in good condition (without peeling paint, faded lettering, or damage), and that obsolete signs and damaged signs are removed in their entirety, including all structural supports. The determination of whether or not a sign is obsolete or damaged beyond repair shall be made by the Director, and said determination may be appealed to the Planning Commission and then to the City Council pursuant to Section 28.52.090.

Sign maintenance and removal shall be the responsibility of the property owner, not the business interest that may have originally paid for the sign.

D.

Retention of Sign Structure. When a sign face has been determined to be obsolete pursuant to Subsection C, the structure of the sign may be retained by approval of an Administrative Permit if there is a high likelihood that the sign structure can be reused and the sign face is replaced with a neutral facing or cover satisfactory to the Director.

E.

Off-premises Signs. Permanent Signs that advertise a use, product or service that is conducted or available at a location other than the Lot on which the sign is located, or otherwise conveys information unrelated to an authorized activity on the Lot on which the sign is located, are prohibited except as approved though a Use Permit.

(Ord. No. 503, 12-16-2014)

28.46.040 - Exemptions. ¶

The following signs are exempt from these standards.

A.

Directional signs that do not mention a business name or contain a business logo. Typical directional signs include signs that show the way to an exit, entrance, restroom area, picnic area, or parking area. They are not intended to provide any other information other than directional information.

B.

Emergency or roadway signs intended to provide drivers with information relating to traffic conditions and safety concerns while driving.

C.

Portable Vehicle Signs not otherwise meeting the requirements of this section are exempt from this chapter if they are affixed to a vehicle that is (1) not parked in a location visible from a public right-of-way for more than two hours a day, or (2) is being driven through town.

D.

Window Signs, the combined total of which do not exceed ten percent of the total window area (including windows in doors) facing dedicated right-of-ways.

Note: Merchandise located within one foot of window or door glass is considered window signage for the purposes of this Section.

E.

Historic markers, not exceeding three (3) square feet in area, placed flat against the side of a building and made of incombustible material, that identify the name and history of a building or an historic event that occurred in the near vicinity.

F.

Flags. Federal, State and City flags, as well as official flags of clubs and other civic organizations.

G.

Holiday and Special Event Signage and Decorations placed in use no more than 60 days before the event and removed no more than 30 days after.

H.

Political Signs that are placed no more than 90 days before the election and removed within 10 days after the election.

(Ord. No. 503, 12-16-2014)

28.46.050 - Penalty for violation. ¶

Signs erected in violation of this section shall be cited, and, if the violation is left uncorrected in the timeframe provided, shall be removed at the expense of the property owner, and if left unpaid for greater than 30 days, the cost shall be placed as a lien against the property.

(Ord. No. 503, 12-16-2014)

28.46.060 - Effect on existing signs. ¶

A.

Temporary Signs. Temporary Signs have no Grandfathering Rights. Regardless of the history of these signs, they are required to conform to this chapter as written.

B.

Permanent Signs. Permanent Signs legally placed prior to the adoption of this chapter may continue pursuant to the Grandfathering Rights described in Article VI, Division 3 (Nonconforming Uses, Structures and Lots).

(Ord. No. 503, 12-16-2014)

DIVISION 8. - NOISE STANDARDS

28.47.010 - Content and applicability. ¶

These standards are intended to ensure projects do not expose noise sensitive areas to noise impacts in excess of the standards established in the Noise Element of the General Plan. The noise standards in this Section apply to all high density residential, commercial, industrial and recreational projects.

(Ord. No. 503, 12-16-2014)

28.47.020 - Noise standards. ¶

The following noise standards are to be maintained in noise sensitive residential, open space and officeresidential areas:

A.

General Standard. Land uses located outside of the M2 Primary Zone shall do everything possible to maintain outdoor noise levels at or below 60 dB L dn when measured at the property line.

M2 Standard. Land uses located within the M2 Primary Zone shall implement every measure necessary and practicable to:

Ensure outdoor noise levels do not exceed 65 dB L dn when measured at the property line.

Be consistent with recommendations of the California Office of Noise Control.

(Ord. No. 503, 12-16-2014)

ARTICLE V. - PLANNING PERMIT PROCESSING

DIVISION 1. - OVERVIEW

28.50.010 - Content of article and applicability.

This Article provides the general authority and procedures necessary to file and process applications for development permits, use entitlements, and adjustments in land partitioning not otherwise subject to the Subdivision Map Act (including lot line adjustments, lot mergers, road vacations and certificates of compliance).

(Ord. No. 503, 12-16-2014)

28.50.020 - Decision making authority and hearing requirements.

The Decision Making Authority for each type of application, along with the appeal route, and hearing and notification required for said application, shall be as indicated in Table 28.50.020 (Application Review and Hearing Matrix).

(Ord. No. 503, 12-16-2014)

28.50.030 - General review procedures.

The general review procedures listed in Table 28.50.020 fall into one of three categories:

A.

Director-Level Review. This level of review is reserved for minor ministerial permits involving development applications, use entitlements and adjustments in land partitioning where determination of the application is based upon standards that have been adopted by the City as law or as policy, and it can be foreseen that the application will have little impact on any group other than the applicant(s) involved. Because of the application's ministerial nature and limited impact, the Director is authorized to render a decision without the requirement of a public hearing. Where notice is given, it will be limited to contiguous property owners who will be encouraged to comment before a specified date when a decision will be rendered. All Directorlevel decisions are appealable.

B.

Commission or Council Review Without Hearing. This level of review is reserved for minor ministerial permits involving development applications and use entitlements where determination of the application can clearly be foreseen to have little impact on any group other than the applicant(s) involved, but where Decision Making Authority falls with the Planning Commission (PC) or City Council (CC) pursuant to the Review and Hearing Matrix, or because the Director has deferred action to the PC or CC. Because of the limited impact of these applications, the PC and/or CC shall render a decision based upon standards that have been adopted by the City as law or as policy without the requirement of a public hearing, but may send limited notice to surrounding property owners and other parties as a courtesy.

C.

Commission or Council Review With Hearing. This level of review is reserved for applications that are likely to impact persons other than the applicants. In this case, a public hearing with public notice as indicated in the Review and Hearing Matrix will be conducted. During the course of the public hearing, the applicable Decision Making Authority shall invite public testimony, review evidence, and then render its decision in compliance with Section 28.51.060 (Conditions of Approval).

==> picture [360 x 522] intentionally omitted <==

(Ord. No. 503, 12-16-2014)

DIVISION 2. - GENERAL APPLICATION PROCEDURES

28.51.010 - Content.

This Section establishes the application requirements and noticing provisions necessary to process applications for planning permits and adjustments in lot lines for all zones.

The required information is not submitted within 30 days from the date of determination of incompleteness, and

b.

The applicant has not requested a delay in processing. All processing delay requests must be in writing, and must specify the date processing is requested to commence.

2.

An applicant has requested that processing be delayed or stayed for a period of more than six months.

(Ord. No. 503, 12-16-2014)

28.51.030 - Public notice. ¶

When required by this Article, public notice shall be prepared in one or more of the following ways.

A.

Posting. When a provision of this chapter requires notice to be posted pursuant to this Subsection, the notice shall be posted outside the City Clerk's Office. In the case of public hearings, the notice shall be posted at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

B.

Established Mailing List. When a provision of this chapter requires notice be given pursuant to this Subsection, the notice shall be mailed to any person who has filed a written request to receive public notices with the City Clerk. The City Clerk may charge a fee which is reasonably related to the costs of providing this service, and the City Clerk may require each request to be annually renewed. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

C.

Contiguous Properties. When a provision of this chapter requires notice be given pursuant to this Subsection, the notice shall be mailed or delivered to any person who owns or rents property that shares a lot line with the real property listed in the pending application. No fee shall be charged for this service, except as approved by the Council as part of the fee paid by the applicant as part of the intake process. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

D.

300 Foot Notice. Pursuant to Government Code Section 65091, when a provision of this chapter requires notice be given pursuant to this Subsection, notice shall be mailed or delivered to any person who owns or rents property within 300 feet of the real property listed in the pending application. No fee shall be charged for this service, except as approved by the Council as part of the fee paid by the applicant as part of the intake process. In the case of public hearings, the notice shall be mailed at least 10 days prior to the hearing, and shall include the information specified in Government Code Section 65094.

Source of Addresses: The City shall use the records of the County Assessor or Tax Collector for owner mailing addresses, and the site address for renter addresses unless a more reliable source of address information is readily available.

Newspaper Ad in Lieu of Mailing. If the number of owners to whom notice would be mailed or delivered pursuant to this section is greater than 1,000 (as may be the case for large projects) the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation in the City at least 10 days prior to the hearing.

E.

Publication in Newspaper. Pursuant to Government Code Section 65091, when a provision of this chapter requires notice be given pursuant to this Subsection, notice shall be published one time in at least one newspaper of general circulation within the City. In the case of a public hearing, the notice shall be published at least 10 days prior to the hearing. Hearing notices shall include the information specified in Government Code Section 65094.

F.

Internet, Optional Posting. If the City has an active website or blog, staff shall try to post notices of projects, including the availability of environmental documents, on the website on the same day they are mailed to the public. This action is considered a courtesy posting and is subject to staff availability.

G.

Mailing to Owner/Applicant. Any notice published or posted pursuant to this section shall also be mailed to the owner of the subject real property, the owner's duly authorized agent (if any), and to the project applicant (if different from the owner or authorized agent).

(Ord. No. 503, 12-16-2014)

28.51.040 - Conditions of approval. ¶

In approving an application, the Decision Making Authority may establish reasonable conditions to its approval that are found to be necessary to mitigate impacts created by the proposed project, that are consistent with the General Plan, Zoning Ordinance, and other applicable laws, ordinances, standards, or regulations, and that protect the public health, safety, and welfare.

A.

Conditions of approval may be revised in compliance with Section 28.54.070 (Revisions to an Approved Permit or Authorization).

B.

The violation of any required condition shall constitute a violation of this Section and may constitute grounds for revocation of the permit or authorization in compliance with Section 28.54.090 (Revocation, etc.).

C.

The Decision Making Authority may require recordation of the conditions of approval where conditions require ongoing maintenance, or the use or approved change run with the land (such as in a Use Permit or Variance).

(Ord. No. 503, 12-16-2014)

28.51.050 - Post-decision notice.

A.

Within 10 days of a final decision on an application required by this Article, the City shall provide notice of its final action to the applicant and to any person(s) who specifically requested notice of the City's final action and has provided a self-addressed stamped envelope.

B.

The notice shall contain the final decision by the Decision Making Authority, any conditions that may have been imposed, and the findings made to support the decision.

(Ord. No. 503, 12-16-2014)