Alturas Municipal Code Div. 5 Commercial Use Type

A. Applicability. The standards set forth in this Section shall apply to Adult Business Establishments, as defined in Article VIII.

B. Intent. In compliance with State Government Code Section 65850.4, it is the intent of this section to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult business establishments within the City, thereby reducing or eliminating the adverse secondary effects experienced by other cities and counties, such as crime, blight, and downgrading of the surrounding commercial districts and residential neighborhoods.

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. Application. In addition to any other requirement of Section 28.52.010 a complete application for an Administrative Permit must include a vicinity map demonstrating that the adult business is not being established or located within 1,000 feet of the following:

a. Any house of worship or any noncommercial establishment operated by a bona fide religious organization;

b. Any public library, or public building where children may congregate;

c. Any public, private, or parochial school, pre-school, child day care center, park, or playground, or any establishment or facility likely to be used by minors; and

d. Any other adult business.

Measuring Distances. For the purposes of this Section, distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the structure in which the adult business will be located to the nearest property line of a use or zone described in Subsection C, above.

2. Operating Conditions. Any approved Administrative Permit shall include the following conditions.

a. Hours of Operation. Operating hours may be any time between 10:00 a.m. to 10:00 p.m.

b. Advertising. Signs or structures, advertisements, displays, or other promotional material or products of a sexual nature, or displaying instruments, devices or paraphernalia designed for use in connection with sexual activities, shall not be exhibited or shown in a way that is visible from an exterior area.

c. Amplified Sound. Loudspeakers or sound equipment audible to persons in a public area shall not be used in connection with an adult business, and the business shall be conducted so that sounds associated with the business are not emitted beyond the exterior walls of the structure in which the use is occurring.

d. Trash. Dumpsters used by an adult business establishment shall be locked when not in use to prevent access thereto by the public.

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

A. Applicability. The standards set forth in this Section shall apply to Animal Sales and Animal Kennels, as defined in Article VIII.

B. General Standards. The following conditions are applicable to all Animal Sales and Kennels whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1. Animal Enclosure. The Animal Enclosure and Shelter requirements of Section 28.31.030 apply.

2. Animal Sales and Kennels in Residential and Agricultural Zones. See Home Occupation Section 28.38.070 for additional restrictions.

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. Standard Use Permit findings can be made.

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

A. Applicability. The standards set forth in this Section shall apply to Automotive and Equipment uses, as defined in Article VIII (this includes Fuel Sales, Paint and Body Shops, Repair and Maintenance of Large and Small Equipment, Sales and Rental of Equipment and Vehicle Storage).

B. General Standards. The following conditions are applicable to all Automotive and Equipment uses, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1. General Operations. All Automotive and Equipment uses are subject to the following operating conditions:

a. Site Maintenance. All outdoor areas and structures must be kept in good repair and in a clean and orderly condition, free of weeds and debris.

b. Equipment and Material Placement and/or Storage. All equipment and materials placed, stored or displayed outdoors must be in operable or usable condition, and placed in a manner that provides easy access and grounds maintenance.

c. Street Parking. Public streets are for short-term public parking only. Public streets may not be used to park non-operable vehicles and equipment, nor may they be used to store operable vehicles or equipment waiting to be worked on, rented or sold. Operable vehicles that are waiting for pick-up by their owners may be parked in the public right-of-way where parking is permitted by law and where the owner is scheduled to pick up the vehicle within a 24-hour period. In no case shall a business utilize public parking in this manner for more than three vehicles at any given time.

2. Outdoor Operations. All outdoor operations are prohibited unless explicitly permitted by this Subsection (as noted below), or by an approved Use Permit.

3. Fuel Sales. Fuel pumping stations are a permitted outdoor operation, subject to the permit requirements of the Land Use Matrix.

4. Outdoor Displays. The outdoor display of new and used automobiles, trucks, and other large equipment for sale or rent is a permitted outdoor operation, subject to the permit requirements of the Land Use Matrix. This use does not require an on-site structure unless otherwise required by an approved permit, but all equipment on display must be in an operable and reasonably clean condition. This section does not pertain to small equipment, equipment that is not available for sale or rent, or to the materials or parts used to maintain them (see Vehicle and Equipment Storage).

5. Vehicle and Equipment Storage. The following restrictions apply to the storage of automobiles and equipment, as well as the parts and equipment required to work on them.

a. Vehicles and Large Equipment. Vehicles and Large Equipment that are actively being repaired, or that are operable but not available for sale or rent, may only be stored in the back half of a fenced lot zoned for Vehicle Storage unless another area is approved by Use Permit.

b. Small Equipment and Parts. Small Equipment (whether for sale, rent, use, or under repair) must be stored inside a structure unless otherwise approved by a Use Permit.

c. Shipping Containers. The use of shipping containers for on-site storage is prohibited unless approved by a Use Permit.

6. Oil Recycling. In all zones where automotive and equipment services, gasoline sales, small engine repair, and aircraft service and repair use types are allowed by right or by permit, the collection of used oil is allowed by right, provided the collection and storage facilities conform to all applicable State laws and City requirements.

7. Repair and Maintenance in Residential and Agricultural Zones. See Home Occupation Section 28.38.070 for additional restrictions.

C. Use Permit Approval. These uses 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. Standard Use Permit findings can be made.

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

A. Applicability. The standards set forth in this Section shall apply to Bed and Breakfast Inn Lodging Facilities as defined in Article VIII.

B. Intent. This use is primarily intended to occupy existing residential structures in the zones in which it is permitted to encourage the restoration, maintenance and appropriate reuse of residential buildings within the City. Although new structures may be approved with this use in mind, approval of new structures should be conditioned to ensure compatibility with surrounding land uses.

C. General Standards. The following conditions are applicable to all Bed and Breakfast Lodging Facilities, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1. Manager Occupied. The Bed and Breakfast Inn's manager must live on site in either the main dwelling or a Secondary Dwelling.

2. Room Limit. Up to 10 guest rooms may be provided as long as they are contained within the main dwelling or a Secondary Dwelling or Guest House, unless otherwise indicated by a Use Permit.

3. Kitchens. Guest rooms shall not contain Cooking Facilities.

4. Parking. Parking shall be provided in compliance with the Parking Standards of Article IV, Division 6. In addition to these standards.

a. No guest parking shall be allowed within the required front or side yard setback unless approved by Use Permit.

b. Tandem parking is permitted where approved by Use Permit.

c. The parking area provided may have a gravel surface (except where handicapped parking is required) where approved by Use Permit.

5. Taxes. The operation of a lodging facility shall be subject to Transient Occupancy Tax and Business License Requirements of the City Code. The business license shall be posted in a conspicuous place on the premises prior to operation of the business.

6. Meal Service. Meal service shall be limited to registered guests and shall consist of breakfast and light snacks as a portion of the overall room rate in compliance with the California Retail Food Codes enforced by the City (Health and Safety Code Section 113893).

7. Special Events. Ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests may be allowed as part of a Use Permit or Special Event Permit.

8. Site Planning and Development Regulations. All the Site Planning and Development Regulations of Article IV apply to this use unless otherwise exempted by this Section or an Overlay Zone.

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. Conditions for All Zones. Standard Use Permit findings can be made.

2. Conditions for RC and OS Zones. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds that the use will not interfere with the resource protections intended by the RC or OS zones.

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

A. Applicability. The standards set forth in this Section shall apply to a Health Resort or Retreat Center Lodging Facility as defined in Article VIII.

B. Intent. Like the Bed and Breakfast Inn, this use is primarily intended to occupy existing residential structures in the zones in which it is permitted to encourage the restoration, maintenance and appropriate reuse of residential buildings within the City. It differs from the Bed and Breakfast Inn in that this use is intended to provide a unique environment for focused social interaction among its guests that might also make it appropriate for the construction of special facilities relating to planned activities on site. It is also envisioned that not all guests may stay the night. In addition special food might be part of the facility's focus, and therefore this type of facility may provide meal service to guests at any time of day. Food service is limited to guests who are also participating in other activities at the Center.

Due to the focused nature and full service provided by this type of facility, it is envisioned that this Lodging type may have a greater impact on the neighborhood than a Bed and Breakfast Inn. This should be taking into consideration when these facilities are approved, and any new facilities and their structures should be conditioned to ensure compatibility with surrounding land uses.

C. General Standards. The following conditions are applicable to all Health Resort or Retreat Center Lodging Facilities, whether permitted by right or by permit pursuant to the Land Use Matrix in Article II, Division 3:

1. Manager Present. The Health Resort or Retreat Center manager must be present on site whenever guests are present, although they are not required to live on site.

2. Room Limit. Up to 10 guest rooms may be provided unless otherwise indicated by a Use Permit. In Residential zones, rooms must be contained within the main dwelling or a Secondary Dwelling or Guest House, unless otherwise approved by a Use Permit. In all other zones, guest room locations are subject to Site Plan and/or Use Permit review.

3. Kitchens. Guest rooms shall not contain Cooking Facilities.

4. Parking. Parking shall be provided in compliance with the Parking Standards of Article IV, Division 6. In addition to these standards:

a. No guest parking shall be allowed within the required front or side yard setback unless approved by Use Permit.

b. Tandem parking is permitted where approved by Use Permit.

c. The parking area provided may have a gravel surface (except where handicapped parking is required) where approved by Use Permit.

5. Taxes. The operation of a lodging facility shall be subject to Transient Occupancy Tax and Business License Requirements of the City Code. The business license shall be posted in a conspicuous place on the premises prior to operation of the business.

6. Meal Service. Meal service shall be limited to registered guests who are participating in organized group activities on site. There are no limitations on the number of meals or the times at which meals are served.

7. Special Events. Ancillary activities such as weddings, receptions, fund raisers, or similar events attended by non-guests may be allowed as part of a Use Permit or Special Event Permit.

8. Site Planning and Development Regulations. All the Site Planning and Development Regulations of Article IV apply to this use unless otherwise exempted by this Section or an Overlay Zone.

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. Conditions for All Zones. Standard Use Permit findings can be made.

2. Conditions for RC and OS Zones. In addition to the findings required under Section 28.52.040, the Decision Making Authority also finds that the use will not interfere with the resource protections intended by the RC or OS zones.

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

A. Applicability. The standards set forth in this Section shall apply to Mixed Use Developments as defined in Article VIII.

B. Intent. These restrictions are intended to ensure that Mixed Use Developments have a coherent physical design that harmoniously integrates with the surrounding community.

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. In M2 Zone. Residential facilities are not permitted as part of the mixed-use development.

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

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

B. Intent. These restrictions are intended to provide for outdoor dining areas for all restaurants, and ensure drive-through and mobile restaurants are appropriately located to serve the public without creating undue hardship on surrounding land uses.

C. Administrative Permit Approval. Outdoor dining may be permitted at any restaurant upon approval of an Administrative Permit processed pursuant to Section 28.52.010 and subject to the following conditions.

1. Location. Outdoor dining areas must allow a minimum of 60 inches of clear space on public sidewalks to allow for safe pedestrian access.

2. Encroachment Permits. Approval of outdoor dining areas will be conditioned upon receiving all necessary encroachment permits.

3. Materials. The tables and chairs used for outdoor dining shall be of a durable material suitable for outdoor use, professionally made, and maintained in good condition.

D. Use Permit Approval. Mobile Restaurants and Drive-Through Restaurants 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 for All Zones. Standard Use Permit findings can be made.

2. Mobile Restaurant. In addition to the other requirements of this Section, the following conditions apply to Mobile Restaurants:

a. Business Location. The business location of the mobile unit must not interfere with normal pedestrian or automobile traffic circulation, or take up parking required by other businesses pursuant to the Zoning Ordinance.

b. Trash. At least one trash receptacle must be provided by the business for customer use, and emptied promptly when full. In addition, the area around the mobile unit must be kept free of trash and debris at all times.

c. Storage Location. Mobile units shall not be stored overnight at the locations where they conduct business unless this location permits Vehicle Storage or Heavy Commercial Vehicle Storage (whichever applies).

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

A. Applicability. The standards set forth in this Section shall apply to Outdoor Retail Sales as defined in Article VIII.

B. General Standards. The following conditions are applicable to Outdoor Retail Sales whether permitted by right or by permit, pursuant to the Land Use Matrix in Article II, Division 3:

1. Temporary Outdoor Display/Sales Area. The temporary outdoor display of merchandise is permitted by right in conjunction with an Indoor Retail Sales establishment in all zones allowing Retail Sales by right as long as the outdoor displays meet the following criteria:

a. All display merchandise and display structures are brought indoors before the store closes,

b. The display does not interfere with pedestrian or automobile traffic (a minimum of 60 inches of public sidewalk must remain clear for a pedestrian walkway, no material may be placed along the curb where vehicles park, and parking spaces may not be used for display purposes),

c. The display does not take up more than 10 square feet of ground area,

d. Display stands are in good repair and of professional quality,

e. Products are displayed in an appealing and professional manner, and

f. Encroachment permits are obtained from the appropriate authorities, where needed.

2. Other Temporary Outdoor Retail Sales. Temporary Outdoor Retail Sales not meeting the description in Subsection B.1 (including sidewalk or parking lot sales, Farmer's Markets, Christmas tree or other seasonal sales events, and flea markets) require the approval of an Administrative Permit as noted in Subsection C below.

3. Permanent Outdoor Retail Sales Area. A Permanent Outdoor Retail Sales Area") may be established as a Primary Use (without a building on site) or as a Secondary Use (in conjunction with a retail store). Either type requires the approval of a Use Permit.

C. Administrative Permit Approval. Where required by Subsection B.2 (above), Temporary Outdoor Retail Sales Areas 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. Application. In addition to any other requirement of Section 28.52.010 a complete application for an Administrative (AD) Permit must include:

a. A Site Plan of the area proposed for the sales event showing the location of the event and any public streets or buildings near the site. The plan should also show how the event area will be setup. The plan may be hand-drawn on 8½ x 11 paper or larger, but should be legible and drawn to scale. It should also include the number, size and location of (1) seller's stalls (whether or not they will be occupied); (2) performing arts areas; and (3) food vendors.

b. Property Owner Permission. A letter from the property owner (and any required encroachment permits) must accompany the application. It should be noted that events cannot be conducted on any public right-of-way or road easement unless an encroachment permit is approved by the appropriate entity. The event area may utilize up to 50% of a store's parking lot, up to 100% of a parking lot not associated with a store, or up to 100% of a vacant lot or undeveloped lot (where the Director determines that adequate parking is available within a reasonable walking distance to the sales event).

c. Merchandise. The Application shall include a list of the type of merchandise that will be available for sale. This does not need to be an itemized list, just a list of general categories (for example: "Christmas trees and Holiday Decorations," "Pumpkins and other Halloween Decorations," "Fresh produce and handmade craft items, as well as both hot and cold prepared food items," etc).

d. Dates and Hours of Operation. The application shall include the days and times within which the event will operate. One AD permit application may request multiple days of operation as long as the site plan information is identical for each day.

e. Deposit. A deposit, in the form of a check made out to the City of Alturas in an amount established from time to time by the City Council, shall accompany the Administrative Application. Said deposit shall be refundable if the site is left clean after the event. One check may be used to cover multiple events as long as all events conclude within six months of the date of the check.

f. Restroom Facilities. Organizers shall make restroom facilities available to the public during the event, either by rental of portable restrooms or by agreement with neighboring property owners. Written confirmation of arrangements are required at the time of application. Handicapped Accessible Facilities are also required.

g. Lighting and Signage Plan. Although Temporary Sales events are exempt from most of the Development Standards, the applicant will need to comply with the Lighting and Signage Standards of Article IV. Therefore a signage and lighting plan must be provided with the application. If the event is a daytime event, no lighting is required. The signage plan should show the type and placement of signs that will be used for the event.

h. Amplified Sound. If amplified sound is going to be part of the event, this must be disclosed in the application along with the type of equipment that will be used.

2. Conditions of Approval. The Administrative Permit will include the following conditions:

a. Waste Collection and Site Clean-Up. Trash and recycling receptacles are to be provided at regular intervals in the event area, and all trash and recyclables are to be picked up and removed within one hour of the event's scheduled closing time. In addition, the event area shall be left free of debris of any kind, whether directly related to the event or not.

b. Break-Down. All equipment and vendors will leave the site within one hour of the event's schedule closing time.

c. Merchandise. The area dedicated to Temporary Sales shall not include the sale of any merchandise not directly associated with the approved permit.

d. Disposition of Deposit. Failure to comply with any of the Permit conditions may result in the loss of the event deposit and cancellation of all further events approved as part of the application.

D. Use Permit Approval. A Permanent Outdoor Retail Sales Area 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 of Approval.

a. All items in the Sales Area (other than display racks, tables and platforms) must actually be for sale (rather than simply stored on site),

b. All items displayed in the Sales Area must be weather resistant, or protected from inclement weather in a manner acceptable to the Director,

c. The Sales Area must be distinct and separate from parking and loading areas, walkways, and landscaping areas,

d. The Sales Area shall be included in the square footage calculations when determining parking requirements under Section 28.35.030 (Parking and Loading),

e. All Development Standards under the specific zone shall apply, as well as those general standards applicable to the Site Plan, such as landscaping, lighting, and signs,

f. All Sales Areas shall be screened from the side and rear property lines adjacent to residentially zoned property,

g. Surfacing requirements of the Sales Area shall consist of concrete or asphalt pavement, chip seal, gravel, or other material that can be maintained in a dust-free condition. Vehicle access and parking areas shall be surfaced in compliance with City design standards.

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