Title 17 — ZONING

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Title 17 - ZONING Chapter 17.02 - GENERAL PROVISIONS

This chapter and Chapters 17.02 through 17.62 shall be known and be cited as the zoning ordinance of the city of Anderson.

(Ord. 515 § 1 Exh. A (part), 1987)

A comprehensive zoning plan and regulations as set forth in this chapter are hereby adopted for incorporated territory of the city as shown on maps. This chapter classifies and regulates the uses of land, buildings, and structures in the area shown on maps adopted in accordance with a general plan. The regulations contained herein are necessary to assure orderly and beneficial development of the city, to encourage the most appropriate uses of land; to maintain and stabilize the value of property; to conserve and protect the natural resources of the city; to reduce fire hazards and improve public safety; to safeguard the public health, to prevent undue concentration of population; to avoid traffic congestion and its accompanying hazards, and to create a comprehensive and stable pattern of land uses upon which to plan transportation, water supply, sewerage, school, park, and other facilities and public utilities.

(Ord. 515 § 1 Exh. A (part), 1987)

No building or structure shall be erected or reconstructed, moved, altered or located, nor shall any building or land be used for any purpose other than as permitted by and in conformance with this chapter and all other ordinances, laws, and maps referred to herein. The provisions of this title, shall apply to the city and also to all cities, counties, districts, state and federal government or any agency of such governmental units where permitted by law.

(Ord. 515 § 1 Exh. A (part), 1987)

Several classes of general district or zones within the city are hereby established and designated as follows:

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. 757, § 1, 2009; Ord. No. 766, § 1, 6-15-2010)

The boundaries and areas included within the several districts or zones hereby established shall be, and are hereby created and established as the same are designated and delineated upon that certain map entitled "Revised Zoning Map of the City of Anderson ___________ August _____ 1987," which is on file at the Anderson planning department, including all subsequent amendments thereto, and which such map and all notations and information appearing therein is hereby adopted and made a part of this chapter and Chapters 17.02 through 17.62 by reference.

(Ord. 515 § 1 Exh. A (part), 1987)

The specific regulations as hereinafter set forth governing the use of land and improvements in each separate district and the general regulations as set forth in the zoning section of the Anderson Municipal Code which are applicable to the separate districts, are hereby adopted and declared to be in effect upon all lands included within the separate districts as the same are delineated on the zoning map.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.070 - General regulations.

All provisions of this chapter and Chapters 17.02 through 17.62 shall be subject to the following general regulations and exceptions as set out in Sections 17.02.080 through 17.02.150.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.080 - Rules governing use of zoning map.

Where uncertainty exists as to the boundaries of any district shown on the zoning map, the following rules shall apply:

A.

Where such boundaries are indicated as approximately following property, street or alley lines, such line shall be construed to be such boundaries.

B.

In unsubdivided property, and where a district boundary divides a lot, the location of such boundaries, unless indicated by dimensions, shall be determined by the use of the scale appearing on the zoning map.

C.

A symbol indicating the classification of property on the zoning map shall in each instance apply to the whole of the area within the district boundaries.

D.

Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply to such vacated or abandoned street or alley.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.090 - Provisions as minimum requirements.

In interpretation and application of the provisions of the zoning chapters, unless otherwise stated, they shall be the minimum requirements for the promotion and protection of the public safety, health, and general welfare.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.100 - Relationship to other regulations and to private restrictions.

A.

Where conflict may occur between the regulations of this chapter and Chapters 17.02 through 17.62 and any building code or other regulations effective within the city, the more restrictive of any such regulations shall apply.

B.

It is not intended this chapter and Chapters 17.02 through 17.62 shall interfere with or abrogate or annul any easement, covenant or other agreement now in effect; provided, however, that where this chapter and Chapters 17.02 through 17.62 impose greater restrictions than are imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this chapter and Chapters 17.02 through 17.62 shall apply.

(Ord. 515 § 1 Exh. A (part), 1987)

In any area for which a specific plan has been adopted, no use permit shall be issued, no variance granted, no rezone approved nor any other approval granted unless such action taken pursuant of this title is consistent with said specific plan.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.110 - Accessory buildings/appurtenant structures.

Accessory buildings conforming to the building code of the city shall be permitted as follows:

A.

Attached Accessory Buildings. An accessory structure may be attached to the main building; provided, that it shall be made structurally a part of and have a common wall or roof with the main building and it shall comply with all other requirements, including setbacks, for main buildings.

B.

Detached Accessory Buildings. Detached accessory buildings shall be located as follows:

1.

To comply with side and front yard requirements for main buildings;

2.

Five feet from the rear property line, unless the property abuts an alley. If abutting an alley, no rear setback is required;

3.

Ten feet from any property line abutting a public street;

4.

May not be located closer than five feet to the main building, but may be connected to the main building with a breezeway.

C.

Accessory Building—Exceptions. Notwithstanding any provision of subsection B of this section to the contrary:

1.

Detached garages or carports may be located within the front one-half of the lot; provided said structure complies in all respects with the requirements for main buildings.

2.

Detached accessory buildings of one hundred twenty square feet or less of projected roof without any electrical or plumbing fixtures or connections are exempt from the requirement for a building permit.

D.

Appurtenant structures such as satellite discs, gazebos, etc., shall also be in conformance with the building code of Anderson and permitted as follows:

1.

Must comply with side, front and rear yard requirements for the main building;

2.

Structure shall not be of a height more than fifteen feet above the height limit established for the district in which it is located.

• (Ord. 515 § 1 Exh. A (part), 1987)

Temporary storage structures are intended to provide temporary storage of household goods on residential property and business specific goods on professional, commercial, or industrial used and/or zoned lands. Such temporary structures shall not interfere with the normal operation of the established use on the property, and are subject to the following requirements:

A.

Permit Required. Placement of a temporary storage structure of any kind is subject to the following permitting requirements:

1.

Agricultural, Public, Commercial and Industrial Districts. A valid building permit is required for temporary use of such containers on property zoned agricultural, public, commercial or industrial use. An administrative use permit shall be obtained prior to the permanent placement of any temporary storage structure on property zoned agricultural, public, commercial or industrial.

Residential Districts. A valid building permit shall be obtained prior to the placement of any temporary or portable storage container on any residentially zoned property designated R-E, R-1, R-2, or R-3.

B.

Temporary Storage Standards. The following standards shall apply to all temporary storage structures:

1.

Size. Temporary storage structures shall not exceed ten feet in width and ten feet in height, and shall not exceed fifty-three feet in length when located in agricultural, public, commercial and industrial districts. Temporary storage structures shall not exceed ten feet wide by ten feet high by twenty feet in length in residentially zoned areas, except in cases where an administrative use permit has been obtained authorizing a modification to this standard.

2.

Location. Temporary storage structures shall not be located in required drive isles or landscape areas, and shall meet the required front, rear, street side, and side yard setback of the district where they are located, except that a temporary storage container may be placed on a residential driveway where setback a minimum of five feet from the property line, and where such container does not create a safety hazard for pedestrians or vehicles entering or exiting the site. No temporary storage structure shall be located on any property so as to interfere with traffic visibility, and no temporary storage structure may be placed in the public right-of-way without issuance of an encroachment permit by the public works director.

3.

Number. There is allowed a maximum of two temporary storage structures per site on agriculture, public, commercial and industrially zoned properties, and one per site on residentially zoned property, except where an administrative use permit has first been obtained authorizing a greater number.

4.

Term of Use. The use of temporary containers shall be limited to no more than sixty days in a calendar year on a property where a valid building permit has been issued for substantial construction; or an administrative use permit has been granted in the case of property zoned agricultural, public, commercial or industrial authorizing a longer period. Such containers shall be removed within one week of the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion on the property. In the event the owner of the property suffers a catastrophic loss due to fire, flood, or other physical calamity, the owner shall obtain a demolition permit and/or building permit prior to the placement of the temporary storage structure. Requests for extensions of time for use of temporary storage may be granted in writing by the city manager or designee, where it can be determined with certainty that such extension is necessary to support the reasonable completion of the project. In no case shall such extension(s) exceed one year.

5.

Bulk Solid Waste Containers. Bulk solid waste containers may be used in all districts where a building permit has been issued. Such containers shall be set back a minimum of five feet from side and rear property lines and ten feet from front property lines. Such container used in conjunction with a demolition permit or building permit shall be removed prior to the demolition or building permit expiration, the issuance of a certificate of occupancy, or the issuance of a certificate of completion.

Bulk solid waste containers may also be used for the removal of miscellaneous waste without a demolition or building permit. In this case, the use of such containers shall be limited to no more than thirty days in any calendar year and the containers shall comply with the location standards set forth in this section for temporary storage containers.

(Ord. No. 805, § 2, 3-7-2017)

17.02.115 - Structural appendage height limit.

Chimneys, spires, radio towers, television and radio antenna, church cupolas, etc., may be built and used to a height of not more than fifteen feet above the height limit established for the district in which the structure is located. Public utilities, transmission lines, towers, and poles may be allowed in all districts to greater heights than established for the district in which the structures are located without securing a use permit; provided, that all routes of transmission lines are submitted to the planning commission prior to acquisition of such routes.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.120 - Yards.

A.

No yard or other open space provided about any building for the purpose of complying with the regulations of this chapter and Chapters 17.02 through 17.58 shall be considered as providing a yard or open space for any other building or structure.

B.

In any case where a setback line, building line or official plan line has been established, the required yards on street frontage of lots shall be measured from such lines and in no case shall the provisions of this chapter and Chapters 17.02 through 17.58 be construed as permitting any structure to extend beyond such lines.

C.

Gasoline service station pump islands shall be at least twelve feet from any property line to the nearest edge of the pump island.

D.

Cornices, eaves, canopies, fireplaces and similar architectural features, but not including flat walls or window surfaces may extend into any required yard a distance not exceeding two feet.

E.

Uncovered porches, landing places or outside stairways may project not more than three feet into any required side yard and not more than six feet into any required front or rear yard.

F.

In case a dwelling is to be located so that the side yard provides access to the principal entrance thereto, such side yard shall have a width not less than ten feet from such lot line.

G.

No yard may be used or allowed to be used for the storage, accumulation or placement of junk, automobiles or other motor vehicles, machinery, or building materials except:

1.

Automobiles regularly in use which are parked within the off-street parking space provided for on said property;

2.

Building materials as may necessarily be required for construction upon the lot wherein said yard is located immediately prior to and during such construction; and

3.

As may be allowed by the specific regulations applicable to the zone wherein said yard lies.

H.

In any case where any requirement under this code depends upon the zone applicable to or the use of abutting property and such abutting property is not within the city, then such determination shall be made with reference to said abutting property as though it were in the city and within a city zone most nearly equivalent to the applicable county zone.

(Ord. 515 § 1 Exh. A (part), 1987)

All public utility facilities installed or constructed in districts R-1, R-2, R-3, R-E, AG, or P-SP which during operation create noise or sound, shall be constructed or installed in soundproof buildings or structures when in the opinion of the planning commission such type of construction is required to eliminate any sound disturbance in the operation of such installations.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.130 - Fences, shrubs and similar obstruction.

A.

Fences and hedges shall not exceed six feet in height unless authorized by a use permit or required to exceed such height by order of the city council or planning commission. Agricultural-type fencing (barb wire or chain link or net-type) of up to six foot for cattle or horses, or five foot for other livestock shall be allowed up to the front property line without a use permit in the agriculture (AG) zone. Fencing shall be setback twenty feet from street corners.

B.

On the portion of the lot between the front setback line and the street line and on corner lots on the portion of the lot between the side setback and the street line of the intersecting street, fences and hedges shall not exceed three feet in height except in AG zones.

C.

On any rear lot line contiguous to a street or side lot line, fences or hedges shall conform to height limitations applicable to the contiguous portion of the side lot.

D.

In the case of corner lots regardless of zone, fences, shrubs, hedges, structures and/or plantings shall not exceed three feet in height. No trees shall be located or planted in the sight distance area.

(Ord. 515 § 1 Exh. A (part), 1987)

17.02.135 - Animals, fowl, beekeeping.

A.

Permits for Keeping Certain Animals and Fowl.

1.

No animal or fowl, except those commonly considered as domestic household pets, and hen chickens as indicated in Subsection 17.02.135.A.3., shall be permitted in any district in the city, except in a rural estate (RE) or agricultural zoning district where the provisions thereof allow such animals, unless authorized by a use permit; provided that such permit shall not be granted if it is determined that the area wherein said animal is proposed to be kept is inadequate for such animal, or would be detrimental to residents of the neighborhood or the city in general. Any hog, pig, sheep, goat, horse, cattle or similar major animal may be allowed by a use permit, but not to exceed one such animal per acre. In no case shall such animals be kept for commercial purchases, unless specified under particular zoning district or allowed by a use permit. The minimum lot size to the considered for a use permit under this section shall be fifteen thousand square feet or more.

2.

No permit shall be granted for the keeping of any swine, sheep, goat, horse, cow or bull within fifty feet of any residence or occupied building, and no permit shall be granted for the keeping of fowl within thirty-five feet of any residence or occupied building. Furthermore, no animals or fowl shall be kept within one hundred feet of any hospital, school or similar institution.

3.

Keeping of hen chickens (no roosters) for noncommercial purposes, shall be allowed in the Single-Family Residential (R-1) district provided that a residence is located on the same lot. No slaughtering or processing shall be permitted and subject to the following development standards:

a.

The number of chickens allowed per R-1 residential lot will be determined by the size of the lot based on the following:

i.

One hen chicken per eight hundred square feet of lot area for lots smaller than eight thousand square feet.

ii.

A maximum of ten hen chickens for lot size of eight thousand square feet or larger.

iii.

A use permit will be required to increase the number of hen chickens to more than ten on any lot in the R-1 district.

b.

Construction Standards for Chicken Enclosures.

i.

Enclosures will be considered as accessory buildings for the purpose of calculating the number of accessory buildings consistent with the requirements of Section 17.02.

ii.

Enclosures include both the solid material shelter as well as the enclosed yard area where chickens are kept.

iii.

Enclosures shall be maintained to prevent predators or other wildlife from gaining entry.

iv.

The solid structure shall be limited to one hundred square feet in size and will not require a permit unless electric or plumbing are included. Yard enclosures are not limited in size but are subject to all setback requirements of Section 17.08.060 and as required by this section.

c.

Setbacks.

i.

All required side and rear yard setbacks for the placement of enclosures will be maintained as required in Section 17.08.060.

ii.

No chicken enclosures will be permitted within fifty feet of a front property line.

iii.

A minimum setback of thirty-five feet will be maintained from all structures dedicated to human habitation.

iv.

A minimum setback of one hundred feet shall be maintained from any school, hospital or other similar institution.

d.

Proper Care and Prohibitions.

i.

All enclosures will meet the following criteria to provide adequate care:

1.

Sufficient area for mobility shall be provided both in a solid structure shelter and yard area.

2.

Area must be provided for sufficient shade and protection from heat, cold and wet.

3.

All enclosures shall be properly maintained and must be regularly cleaned to prevent unsanitary conditions such as the accumulation of fecal matter, odor, insect infestation, which endanger the health of the chickens or any person or which disturb or are likely to disturb the enjoyment, comfort, or convenience of any person in or about a residence, office hospital, or commercial establishment.

4.

It is unlawful and an infraction for any owner or keeper to allow or permit, whether through negligence or willfulness, any nuisances as designated in Section 6.16.020.

B.

Keeping of Dogs and Cats.

It shall be unlawful for any person to keep, harbor, or maintain in or about any dwelling, or the curtilage thereof, more than six dogs or six cats, or any combination thereof exceeding a total of six, each of which is over the age of four months, unless the owner has obtained a kennel license under the provisions of this section.

2.

The term "dwelling" as used in this section is defined in the same manner as such term is defined in the zoning regulations of the city.

3.

The provision of this section shall not apply to any owner who owns more than six dogs or cats, or any combination thereof, on the effective date of the ordinance codified in this chapter so long as the dogs are licensed by the owner under this chapter. This exception does not apply to any dogs subsequently owned, acquired or otherwise possessed by such owner after the effective date of this section.

C.

Keeping of Animals Within Business and Industrial Districts. No business where dogs, cats or other animals are taken, kept or allowed to remain for the purpose of breeding, treatment, observation, lodging, or destruction shall be located within two hundred feet of any church, dwelling, school, or other domestic or commercial building, well or spring from which domestic water is drawn, or any natural watercourse, or any residential zone.

D.

Permits for Keeping of Bees. The planning commission may, under a use permit, allow for the keeping of bees if the commission determines that the keeping of same will not have a detrimental effect upon the health, safety, peace, comfort and general welfare of persons residing in or working in the neighborhood wherein said bees are proposed to be kept; provided, however, that no permit shall be issued unless:

1.

The parcel on which the bees are kept shall be at least five acres in size;

2.

The number of colonies or nuclei shall not exceed two per acre;

3.

The bees are registered with the Shasta County agricultural commissioner;

4.

Adequate fresh water supply is available for bees on the subject property at all times;

5.

The location shall be not less than two hundred feet from any public road, street or highway, residence or other occupied building other than that of the property owner or occupant of said property.

(Ord. No. 807, § 1, 4-4-2017; Ord. 515 § 1 Exh. A (part), 1987; Ord. No. 849, § 2, 8-16-2022)

All lots of record development and merger must meet all requirements and be in compliance with the state of California Subdivision Map Act — Government Code Sections 66410 to 66499.58.

(Ord. 515 § 1 Exh. A (part), 1987)

The following uses may be permitted in any zoning district of the city upon issuance of a use permit in the manner described in Chapter 17.50.

Airport;

Amusement park;

Artist's studio;

Building, structures and uses of a public works, public service, or public utility nature;

Cemetery;

Caretaker's quarters or circus or carnival trailer;

Church;

Clinics;

Club;

College;

Conference center;

Country club;

Crematory;

Dairy;

Dancehalls, roadhouses, nightclubs, commercial clubs, commercial establishments where liquor is served;

Commercial places of amusement or recreation, or any place where entertainers are provided, whether as social companions or otherwise, when located three hundred feet of the boundary of a residential district;

Eleemosynary and philanthropic institution (except where human beings are housed under restraint);

Fairgrounds;

Fences and walls of six feet or more in height;

Golf course, driving range, or putting green;

Guest ranch;

Hotel; Hospital;

Landscapers or plant nursery;

Library;

Mausoleum; Monastery; Museum; Music record studio;

Nonprofit research laboratory; Recreation center;

Recreational vehicle parks (overnight type);

Resort hotel;

Retirement center;

Riding arena;

Rodeo;

School;

Special care homes;

Stable;

Public;

Subdivision sales office;

Structures in excess of building height restrictions, including antennas, chimneys, cupolas, monuments, flag poles, radio and other tower, water tanks mechanical appurtenances and similar structures; co-location of wireless communication does not require the issuance of a use permit;

Television or radio broadcasting station;

Theater (outdoor or indoor);

Veterinarian clinic or office;

Vocational institution.

(Ord. 744 § 1 (part), 2006; Ord. 515 § 1 Exh. A (part), 1987)

17.02.150 - Garage sales.

Despite any other provisions in this code to the contrary, garage sales shall be permitted in an R-1, R-2, R- 3, R-E, AG or P-D (residential) district or at any existing residence.

A.

Definition. The term "garage sales" as used within this section shall mean a sale by an individual homeowner, apartment dweller, or occupant of a dwelling unit for the purpose of disposing of unwanted or surplus household items and similar articles. Although ordinarily conducted in a garage in a residential zone, this term shall be construed to include "yard sales" and other sales conducted on any portion of the premises with exception of incidental sales of one or two items of personal property. The term shall also include such sales conducted by a combination of residential dwellers at a single location whether or not the event takes on the character of a rummage sale or a fund-raising event for civic or charitable purposes.

B.

Frequency, Length and Time of Sale. No more than four garage sales shall be conducted on the premises in any calendar year. No garage sale shall be conducted for longer than three consecutive days. No garage sale shall be conducted within thirty days of another garage sale on the same property.

C.

Display. No item offered for sale at a garage sale nor any signs identifying the garage sale shall be displayed in any public right-of-way. The public right-of-way includes, but is not limited to, paved streets, curbs, gutters, sidewalks, as well as any structures located within the right-of-way.

D.

Signs. No sign advertising any garage sale shall exceed four square feet in area. Only one such sign may be displayed on the premises on which the garage sale is conducted. Up to two off-site signs may be displayed; provided that written permission to display such signs is received from the owner on whose property such signs are to be displayed. No signs shall be attached in any manner, to telephone poles, street signs, stop signs, directional signs or fire hydrants. Signs may be displayed only during the days the garage sale is actively being conducted and must be removed at the close of the garage sale activity.

E.

Violation. A violation of any provision of this section is considered a separate infraction for each day in which the violation occurs and shall be punishable as set forth in Section 1.20.010 of the code.

(Ord. 515 § 1 Exh. A (part), 1987)

Pre-application meetings provide prospective applicants with an opportunity to discuss a proposed project with planning staff regarding applicable city requirements, the review process, required submittals, and potential incentives. Meetings shall be scheduled promptly upon request, and nothing in this section prohibits a developer from requesting a meeting at any time. The city council may establish fees for preapplication meetings by resolution.

(Ord. No. 869, § 1, 2-17-2026)

17.02.160 - Infill housing projects eligible for streamlined, ministerial approval process under Government Code Section 65913.4 (otherwise known as SB 35 projects).

A.

Administrative Use Permit. A housing project, including a mixed-use project, will be granted an administrative use permit if it:

1.

Qualifies for streamlined, ministerial approval under California Government Code Section 65913.4;

2.

Complies with the city's objective zoning standards and objective subdivision standards, as defined in California Government Code Section 65913.4 and set forth in this code; and

3.

Complies with the city's objective design review standards, as defined in California Government Code Section 65913.4.

B.

Conflicting Laws. In the case of a conflict between the city's standards set forth in Subsection A above and the standards set forth in California Government Code Section 65913.4, the provisions of the California Government Code prevail.

C.

Notification of Compliance with the Standards. If the city determines a project submitted under this section conflicts with any of the requirements set forth in Subsection A above, it shall inform the applicant, in writing, of the requirement or requirements the project conflicts with, along with an explanation of all conflicts, in the following timeframes:

1.

Within sixty days of submittal of the application if the project contains one hundred fifty or fewer dwelling units; or

2.

Within ninety days of submittal of the application if the project contains more than one hundred fifty dwelling units.

D.

Deemed Approval. If the city does not provide written notice as required by Subsection C above, the project will be deemed to satisfy the requirements specified in Subsection A above and must be granted an administrative use permit.

E.

Establishment and Expiration of the Permit. Section 17.50.070 governs the establishment and expiration of an administrative use permit granted under this section, except when that section conflicts with subdivision (f) of California Government Code Section 65913.4, in which case the provisions of the California Government Code prevail.

(Ord. No. 869, § 1, 2-17-2026)

Chapter 17.03 - REASONABLE ACCOMMODATIONS

This chapter provides a procedure to request a reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, "the Acts") in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 788, § 1, 5-20-2014)

The director, or his or her designee, is designated to approve, conditionally approve, or deny all applications for reasonable accommodations, provided that the director may decide to allow the planning commission to determine whether to approve, conditionally approve, or deny an application for a reasonable accommodation if the director finds that the reasonable accommodation application involves significant controversy or extraordinary circumstances.

(Ord. No. 788, § 1, 5-20-2014)

A.

Eligibility. A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this zoning code or other city

requirement, policy, or practice acts as a barrier to fair housing opportunities for a disabled person. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

B.

Permissible Accommodations. A request for reasonable accommodation may include a modification or exception to the substantive and/or procedural rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

No Variance. A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

D.

Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. No fee shall be required for an application for reasonable accommodation. In addition to materials required under other applicable provisions of the Anderson Municipal Code, an application for reasonable accommodation shall include the following:

1.

Documentation that the applicant is: (i) disabled; (ii) applying on behalf of one or more disabled persons; or (iii) a developer or provider of housing for one or more disabled persons;

2.

The specific exception or modification to the zoning code provision, policy, or practices requested by the applicant;

3.

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more disabled persons an equal opportunity to use and enjoy the residence;

4.

Any other information that the director reasonably concludes is necessary to determine whether the findings required by Section 17.03.050(A) can be made, so long as any request for information regarding the disabled person benefited complies with the protections provided by the Acts and the privacy rights of the individuals affected.

E.

Other Discretionary Approvals. If the request for reasonable accommodation is made with another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval, and may elect to have the reasonable accommodation request processed and decided simultaneously with the application for the other discretionary permit. In such cases, the procedures applicable to the other discretionary permit shall govern the processing of the reasonable accommodation request. If the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits.

(Ord. No. 788, § 1, 5-20-2014)

A.

Director Decisions. The director shall mail his or her written determination to approve, conditionally approve, or deny a request for a reasonable accommodation to the applicant within thirty days of the receipt of a complete application a reasonable accommodation.

B.

Commission and Council Decisions. A written determination on whether to approve, conditionally approve, or deny the request for reasonable accommodation shall be made by the body. For decisions associated with other discretionary approvals, the decision shall be issued at the same time and in the same manner as the decisions on the other discretionary approvals are issued. If there are no associated discretionary approvals, the body shall issue a decision on the reasonable accommodation within thirty days of the reasonable accommodation being first placed on the body's agenda for consideration.

C.

Appeals. Any director decision may be appealed to the planning commission. A planning commission decision may be appealed to the city council. Appeals must be filed within fourteen days of the decision. Decisions by the city council are final and not appealable.

(Ord. No. 788, § 1, 5-20-2014)

17.03.050 - Findings.

A.

Findings. The written decision to approve, conditionally approve, or deny a request for a reasonable accommodation shall be based on the following findings, all of which are required for approval or conditional approval of a reasonable accommodation:

1.

The requested accommodation is requested by or on the behalf of one or more disabled persons protected under the Acts.

The requested accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling.

3.

The requested accommodation will not impose an undue financial or administrative burden on the city as "undue financial or administrative burden" is defined in Acts.

4.

The requested accommodation will not result in a fundamental alteration in the nature of the city's zoning program, as "fundamental alteration" is defined in the Acts.

5.

The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others.

B.

Alternative Accommodations. In making findings, the decision maker may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant.

C.

Factors—Equal Opportunity. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide a disabled person an equal opportunity to use and enjoy a dwelling:

1.

Whether the requested accommodation will affirmatively enhance the quality of life of one or more disabled persons;

2.

Whether a disabled person will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;

3.

In the case of a group home, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants;

4.

In the case of a group home, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide disabled persons and equal opportunity to live in a residential setting.

D.

Factors—Fundamental Alteration. The city may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the nature of the city's zoning program:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood;

2.

Whether the accommodation would result in a substantial increase in traffic or insufficient parking;

3.

Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or an applicable specific plan;

4.

In the case of a group home, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.

E.

Conditions of Approval. In granting a request for reasonable accommodation, the approving authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings.

F.

Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.

G.

Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation has become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made on such appeal and becomes final.

(Ord. No. 788, § 1, 5-20-2014)

17.03.060 - Expiration, time extension, violation, discontinuance and revocation.

A.

Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within twenty-four months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1.

A building permit has been issued and construction has commenced;

2.

A certificate of occupancy has been issued;

3.

The use is established; or

4.

A time extension has been granted.

B.

Time Extension. The director may approve a time extension for a reasonable accommodation for good cause for a period or periods not to exceed one year. An application for a time extension shall be made in writing to the director no less than thirty days or more than ninety days prior to the expiration date.

1.

Notice of the director's decision on a time extension shall be provided in the same manner as the notice provided for in Section 17.03.040(A). All written decisions shall give notice of the right to appeal and to request a reasonable accommodation in the appeals process.

2.

A time extension for a reasonable accommodation shall be final unless appealed within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in this chapter.

C.

Violation of Terms. Any reasonable accommodation approved in accordance with the provisions of this chapter may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith.

D.

Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the code, and (2) the accommodation is necessary to give another disabled person an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are disabled persons. Failure to

provide such documentation within ten days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

E.

Modifications to Approved Permits. A reasonable accommodation may be modified. Procedures for modification shall be as prescribed by the development services director or his/ her designee.

(Ord. No. 788, § 1, 5-20-2014)

Chapter 17.04 - DEFINITIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Exh. A of Ord. No. 771, adopted June, 7, 2011, amended Ch. 17.04 in its entirety to read as herein set out. Former Ch. 17.04 pertained to the same subject matter, consisted of §§ 17.04.010— 17.04.830, and derived from Ord. 515, 1987; Ord. 547, 1988; Ord. 550, 1988; Ord. 551, 1988; Ord. 679, 1998; and Ord. 744, 2006.

17.04.010 - Generally.

For the purpose of Chapters 17.02 through 17.62 certain terms used herein are defined as set out in this chapter.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.020 - Accessory building.

"Accessory building" means a detached subordinate building, either attached or not attached to the ground or to another building, the use of which is incidental to that of the main building on the same lot or to the use of the land.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.030 - Accessory use.

"Accessory use" means a use incidental or subordinated to the principal use of the same lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.040 - Adult entertainment business.

"Adult entertainment business" means an establishment as defined in Chapter 17.58 of this code.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.050 - Agriculture.

"Agriculture" means the tilling of the soil, the raising of crops, horticulture, aviculture, apiculture, livestock farming, the raising of small animals and poultry, dairying, animal husbandry, wineries, processing of fruit produced on the premises, and the storing, cleaning, packing and storing of agricultural products, preparatory to sale and/or shipment in their natural form when such products are produced on the premises including all uses customarily incidental thereto but not including a slaughterhouse, fertilizer works. commercial packing or processing plant or plant for the reduction of animal matter or any other use which is similarly objectionable because of odor, smoke, dust, fumes, vibration or danger to life or property.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.060 - Agriculture supplemental.

"Agriculture supplemental" means farming pursuits including the raising of crops, horticulture, aviculture, livestock farming, the raising of small animals and poultry, dairying, animal husbandry, etc., to provide supplemental income. The primary use of the property is to be residential use with supplemental use as agriculture.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.070 - Alley.

"Alley" means public or private thoroughfare less than forty feet in width which affords only a secondary means of access to abutting property.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.080 - Animal, domestic.

"Domestic animal" means any animal commonly considered a household pet, not including bees, cattle, chickens, goats, hogs, horses or sheep.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.090 - Apartment house.

"Apartment house" means any building or portion of a building which is designed and built for occupancy by three or more families.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.100 - Attached building.

"Attached building" means a building having at least five lineal feet of wall serving as a common wall with the building to which it is attached, or connected thereto by a continuous roof at least eight feet wide.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.110 - Automobile court.

"Automobile court" means a group of two or more detached or semidetached buildings containing guest rooms or apartments with automobile storage space serving such rooms or apartments provided in connection therewith, which group is designated and used primarily for the accommodation of transient automobile travelers.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.120 - Auto service station.

"Auto service station" means a retail place of business engaged in supply goods and services generally required in the normal operation and maintenance of automotive vehicles and to the fulfilling of motorist needs. These include sale of petroleum products; sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubricating services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products. Major motor repairs, painting and body and fender work are excluded.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.130 - Bed and breakfast inn.

"Bed and breakfast inn" means a building or portion thereof occupied as a residence, wherein guest rooms, including the serving of breakfast, intended for occupancy by transient visitors, are provided for compensation.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.140 - Block.

"Block" means that property abutting on one side of a street and lying between the two nearest intersections or intercepting streets, or between the nearest intersection of intercepting streets, and a railroad right-of-way, watercourse or body of water.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.150 - Boardinghouse.

"Boardinghouse" means a building or portion thereof, other than a hotel, where regular meals for five or more persons are provided for compensation or profit.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.160 - Breezeway.

"Breezeway" means a roofed structure not enclosed on more than two sides attached to and connecting portions of a main building, or a portion of a main building and accessory building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.170 - Building.

"Building" means any structure having a roof supported by columns or by walls and designated for the shelter or housing of any person, animal or chattel.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.180 - Building, main.

"Main building" means a building in which is conducted the principal use of the lot on which it is situated. In any R district, any dwelling shall be deemed to be a main building on the lot on which the same is situated.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.190 - Building site.

"Building site" is synonymous with "lot" as defined in this chapter.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.200 - Business, retail.

"Retail business" means the retail sale of any article, substance or commodity for profit or livelihood, conducted within a building, but not including the sale of lumber or other building materials or the sale of used or secondhand goods or materials of any kind.

(Ord. No. 771, Exh. A, 6-7-2011)

"Wholesale business" means the wholesale handling of any article, substance or commodity for profit or livelihood, but not including materials, or the open storage or sale of any material or commodity and not including the processing or manufacture of any product or substance.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.220 - Carport.

"Carport" means a detached accessory building not enclosed on more than two sides and designed for and used to shelter or house automobiles, and is subject to all regulations and yard requirements of an accessory building. When attached to the main building, a carport becomes a part thereof and is subject to the yard and other regulations which apply to the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.230 - Centerline of street.

"Centerline of street" means the centerline of a street or highway as established by the county surveyor of the county, or the city engineer of any city within the county or by the division of highways of the State of California, where no right-of-way lines have been so established. The centerline of the traveled way shall be construed as the centerline. The centerline of the service road of a freeway or limited access highway shall be defined as the centerline of the traveled way of such service road.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.240 - Child day care use.

"Child day care use" means daytime but not overnight care of children under sixteen years of age for periods less than twenty-four hours providing that (1) the child day care is accessory to a residential use of the home; and (2) the home is licensed or certified for such use by the State of California or the County of Shasta.

Small: Eight or fewer children.

Large: Nine or more children.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.250 - Commercial livestock feed yard.

"Commercial livestock feed yard" means a place where livestock are confined for feeding.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.260 - Detached building.

"Detached building" means a building, no part of which is attached to any other building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.270 - Dining commons.

"Dining commons" means a facility accessory to a residence hall and used primarily for the purpose of preparing and serving food to the occupants thereof and which excludes service to the general public.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.280 - District.

"Districts" means a portion of the city within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in Chapters 17.08 through 17.42.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.290 - Drive-through or drive-in facilities.

"Drive-through or drive-in facilities" means a commercial establishment or an accessory facility of a commercial establishment in which customers wait in line in their vehicles to progress to a service point at which they briefly transact business from their vehicles and then immediately depart from the premises, including, but not limited to, banks (motor banks, drive-through banks, drive-up banks), fast food establishments, and film deposit and pickup establishments, but not including, drive-in movies, drive-in car washes through which the vehicles do not travel on their own power, drive-in food establishments where customers do not wait in line in their vehicles for service, or gasoline service stations.

(Ord. No. 771, Exh. A, 6-7-2011)

"Dwelling" means a building or portion thereof designed for and occupied in whole or in part as a home, residence, or sleeping place, either permanently or temporarily, by one or more families and their guests and servants, but not including a boarding or lodging house, hotel, auto court or trailer.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.310 - Dwelling group.

"Dwelling group" means a group of two or more detached or semidetached dwellings occupying a building site and arranged around two or three sides of a court which opens onto a street, including house courts, bungalow courts and apartment courts but not including multiple dwellings, auto or trailer courts or camps, hotels, or resort-type hotels.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.320 - Dwelling, multiple.

"Multiple dwelling" means a single detached dwelling designed for and occupied exclusively by three or more families living independently of each other as separate housekeeping units, including apartment houses, apartment hotels and flats, but not including auto or trailer courts or camps, hotels, or resort-type hotels.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.330 - Dwelling, single-family.

"Single-family dwelling" means a single detached dwelling designed for and occupied exclusively by one family alone, and having but one kitchen.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.340 - Family.

"Family" means any group of two or more individuals that live together as a household unit regardless of relationship.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.350 - Family care home.

"Family care home" means an occupied residence in which a person living at the residence provides care for person other than those in the family for a period of twenty-four hours per day.

Small: Eight or fewer persons.

Large: Nine or more persons.

(Ord. No. 771, Exh. A, 6-7-2011)

"Private garage" means an accessory building or an accessory portion of the main building, containing not more than one thousand square feet of floor area, enclosed on three or more sides and designed or used for the shelter or storage of vehicles owned or operated by the occupants of the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.370 - Garage sale.

"Garage sale" means a sale by a property owner or occupant of a dwelling for profit, livelihood, or to dispose of unwanted or surplus household items, furnishings or similar articles. Although ordinarily conducted in a garage in a residential zone, this term shall be construed to include "yard sales" and other sales conducted on any portion of the premises with exception of incidental sales of one or two items of personal property. The term shall also include such sales conducted by a combination of residents at a single location whether or not the event takes on the character of a rummage sale or a fund-raising event for civil or charitable purposes.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.380 - Guest house.

"Guest house" means a detached accessory building which does not contain kitchen facilities and which is designed for and used to house nonpaying transient visitors or guests of the occupants of the dwelling on the lot.

(Ord. No. 771, Exh. A, 6-7-2011)

"Hazardous material" means any substance or product:

A.

For which the manufacturer or producer is required to prepare a "material safety date sheet" for the substance or product pursuant to the "Hazardous Substances Information and Training Act" (commencing with Section 6360, Chapter 2.5, Part 1 of Division 5 of the California Labor Code) or pursuant to any applicable law or regulations;

B.

Which is listed as a radioactive material set forth in Chapter 1, Title 10, Appendix B., maintained and updated by the Nuclear Regulatory Commission;

C.

Which is hazardous or extremely hazardous waste as defined by Section 25115 and 25117 of the California Health and Safety Code and set forth in Sections 66680 and 66685 of Title 22 of the California

Administrative Code;

D.

That which is determined hazardous by the Anderson Fire Department.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.400 - Height of building.

"Height of building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.410 - Home occupation.

"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof or adversely affect the use permitted in the residential district of which it is a part.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.420 - Hotel.

"Hotel" means any building or portion thereof containing six or more guest rooms used, designed, or intended to be used, let, or hired out to be occupied or which are occupied, by six or more individuals for compensation, whether the compensation for hire be paid directly or indirectly.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.425 - Housing, farmworker.

"Farmworker housing" means employee housing as defined by California Health and Safety Code Section 17008.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.426 - Housing, supportive.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.427 - Housing, transitional.

"Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

(Ord. No. 771, Exh. A, 6-7-2011)

"Improvement" means any object affixed to or growing in the ground other than a building or structure.

(Ord. No. 771, Exh. A, 6-7-2011)

"Junk" is defined as being any old iron, wire, brass, copper, tin, lead, or any other scrap metals, and any rags, papers, bags, lumber, bottles, bones, and old parts of bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery, or other scrap materials, and also bicycles, tricycles, baby carriages, automobiles, other vehicles or machinery dismantled or "wrecked" and similar personal property ordinarily classified as junk, all regardless of whether the same is being held for sale or storage.

(Ord. No. 771, Exh. A, 6-7-2011)

A "junkyard" is any premises or portion thereof upon which any of the articles defined as junk in this chapter are kept for sale or storage, in the open and not entirely enclosed within a room or building, whether for profit, business use, personal use or convenience, or otherwise.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.460 - Kennel.

"Kennel" means any premises or area where four or more dogs three months of age or older are kept and cared for.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.465 - Landscaping.

"Landscaping" means trees, shrubs, grass or other ornamental vegetation.

Architectural Lighting. Lighting which is either directed towards a building with the intent of highlighting an architectural or landscape feature or a light fixture which is architecturally ornamental in purpose.

Fully Shielded. A luminaries or lighting fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a ninety-degree horizontal plane from the base of the fixture. Fully

shielded fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated and disability glare will result.

==> picture [163 x 61] intentionally omitted <==

==> picture [174 x 61] intentionally omitted <==

Light Trespass. Light from an artificial light source that is intruding into an area where it is not wanted or does not belong.

Up Lighting. Any source that distributes illumination above a ninety-degree horizontal plan.

Off-Street Lighting. Off-street parking areas for nonresidential uses providing parking spaces for use by the general public shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day. Such lighting, which would cause unreasonable annoyance to occupants of the neighboring properties or otherwise interfere with the public health, safety or welfare, shall be so arranged as to reflect light and glare away from adjoining premises and streets.

Ground-mounted light poles serving parking areas shall be located within a planter or incorporated into a walkway or other pedestrian area. A ground-mounted light pole with a concrete pedestal greater than six inches above grade, which is not screened by vegetation, shall incorporate pedestal design enhancements (e.g., raised relief, textured, exposed aggregate or like treatment).

(Ord. No. 771, Exh. A, 6-7-2011)

"Lot" means a parcel of land which is not divided by a street, and which has sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required by this code. Such lot shall have frontage on a street and may consist of a single lot of record, a portion of a lot of record, a combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record. Provided, that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this code. The word "lot" includes the words "plot" or "parcel."

(Ord. No. 771, Exh. A, 6-7-2011)

"Corner lot" means a lot located at the junction of two or more intersecting streets, with a boundary line thereof bordering on each of such streets. For the purpose of this title, the narrowest frontage of a corner

lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces.

(Ord. No. 771, Exh. A, 6-7-2011)

"Flag lot" means a lot in which the general configuration is in the shape of an "L" or "T" and which has frontage on a street by means of a narrow strip of land which is part of the lot. The minimum frontage shall be twenty feet on a dedicated public street. When two flag lots are proposed side-by-side, the minimum street frontage shall be fifteen feet each (a total of thirty feet) with a reciprocal driveway easement recorded across both lots to the benefit of both parcels. All such easements shall have adequate minimum turnaround as required by the public works director.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.490 - Lot, key.

"Key lot" means an interior lot where the side yard abuts the rear yard or side yard of a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.500 - Lot, interior.

"Interior lot" means a lot other than a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.510 - Lot, through.

"Through lot" means a lot having frontage on two parallel or approximately parallel streets.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.520 - Lot area.

"Lot area" means the total horizontal area included within lot lines.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.530 - Lot depth.

"Lot depth" means the average distance from the street line of the lot to the rear line measured in the general direction of the side lines of the lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.540 - Lot frontage.

"Lot frontage" means that dimension of a lot or portion of a lot abutting on a street except the side dimension of a corner lot.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.550 - Lot line.

"Lot line" means the lines bounding a lot as defined herein.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.560 - Lot width.

"Lot width" means the distance between the lot line measured at the front yard building line.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.565 - Maintenance.

"Maintenance" means furnishing of service and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including:

(a)

Repair, removal or replacement of all or any part of any improvement;

(b)

Providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing or treating for disease or injury;

(c)

Removal of trimmings, rubbish, debris and other solid waste.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.570 - Mobile home.

"Mobile home" means a movable dwelling built to be towed on its own chassis and underpinning, at least forty feet long or eight feet wide, contain year-round living facilities for a family, including provisions for eating, sleeping, cooking and sanitation.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.580 - Mobile home park.

"Mobile home park" means a lot or parcel of land where mobile home sites are rented or leased, or offered for rent or lease, for the accommodation of two or more mobile homes.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.590 - Nonconforming building.

"Nonconforming building" means a building or structure or portion thereof lawfully existing at the time the zoning ordinance was adopted, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.610 - Parking lot.

"Parking lot" means an area of land, a yard or other open space on a lot used for or designed for use by standing motor vehicles.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.620 - Parking space.

"Parking space" means a paved area which is used exclusively for the parking of motor vehicles and which is accessible by such vehicles to and from a street or alley.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.630 - Professional office.

"Professional office" means an office of the conduct of any one of the following uses: accountant, architect, attorney, chiropractor, civil engineer or surveyor's drafting office, collection agency, dentist, doctor, funeral parlor, insurance office, private detective, real estate office, social worker, or similar use; but not the following uses: advertiser, barbershop, contractor, pest control, pharmacy, veterinarian, beauty parlor.

(Ord. No. 771, Exh. A, 6-7-2011)

"Residential manufactured housing" means a mobile home certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) which is placed on a foundation system in accordance with the provisions of Section 18551 of the California Health and Safety Code and which is used as a single-family dwelling.

(Ord. No. 771, Exh. A, 6-7-2011)

"Rest home" means a structure used for rooming and boarding patients or residents, which use requires a permit from an agency of the county or state.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.660 - Retirement center.

See "Senior citizens' housing development", Section 17.04.680.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.670 - Second dwelling unit, attached.

"Attached second dwelling unit" the addition to an existing single-family dwelling of a second dwelling unit having a common wall with the main building.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.680 - Senior citizens' housing development.

A "senior citizens' housing development" is a development containing dwellings specifically designed for and occupied by persons considered elderly, handicapped or disabled as described in federal regulations set forth in 7 CFR 1944, Subpart E, and limited to such occupancy for the actual lifetime of the building either by the requirements of state or federal programs for housing for the elderly or in accordance with standards established by resolution of the planning commission and by legal arrangements approved as to form by the city attorney, unless there is an authorized change in designation of eligible occupancy from elderly to other type of occupancy as permitted by applicable federal regulations.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.690 - Service station.

See "Auto service station", Section 17.04.120.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.700 - Setback line.

"Setback line" means a line established by Chapters 17.08 through 17.36 to govern the placement of buildings with respect to streets and alleys.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.705 - Shelter, emergency.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.710 - Shopping center.

"Shopping center" means a group of five or more commercial establishments planned and developed as a unit on a single or commonly owned parcel of land. Said development shall utilize an undivided or unsegregated parking area.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.720 - Single-room occupancy unit.

"Single-room occupancy unit (SRO)" means an efficiency unit that is occupied as a primary residence, and is subject to state landlord tenant law pursuant to Chapter 2 (commencing with Section 1940) of Title 5 of

Part 4 of Division 3 of the Civil Code. The term also includes a unit in an "SRO Project" as described in California Code of Regulations, Title 4, Section 10325(g)(3).

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.720 - Street.

"Street" means a public or private thoroughfare which affords principal means of access to abutting property; including avenue, place, way, drive, land, boulevard, highway, road and any other thoroughfare, except an alley as herein defined.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.730 - Street line.

"Street line" means the boundary between a street right-of-way and property.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.740 - Structural alteration.

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders, and floor joists, ceiling joists or roof rafters, but not restricted to those mentioned above.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.750 - Structure.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.760 - Swimming pool.

"Swimming pool" means an accessory structure used for swimming, diving and related uses.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.763 - Temporary storage structures.

"Temporary storage structures" means a portable storage unit that does not have a permanent foundation or footing and which includes cargo containers, portable storage containers, truck trailers, construction trailers, and bulk solid waste containers. Such structures shall not be considered a building unless placed on a permanent foundation, connected to electrical, water, sewer or any other utility services. Temporary storage structures shall include any of the following:

Cargo Container. A container intended for multi-model transportation via sea going vessel, train, and trucktrailer. These containers are self-contained without axles or wheels.

2.

Portable Storage Container. A self-storage container that is delivered to and retrieved from a home or business for off-site or on-site storage. Portable Storage On Demand or PODS are a familiar trade name for such containers. These containers are not on a chassis and do not have axles or wheels.

3.

Semitrailer Storage. A mobile trailer with a chassis, axles, and wheels that is towed by a truck or tractor and is utilized for the storage and/or transport of material. Such trailers shall not exceed fifty-three feet in length.

4.

Construction Trailer/Container/Portable Structure. A trailer, portable temporary container, or portable structure with or without axles and wheels intended to support construction activity at a site with an active building permit.

5.

Bulk Solid Waste Container. A container intended for construction waste material or other refuse, for the purpose of removing said material from a site.

(Ord. No. 805, § 1, 3-7-2017)

"Total parking area" means the total number of required parking spaces multiplied by three hundred twentyfive square feet, which accounts for aisle and access areas.

(Ord. No. 771, Exh. A, 6-7-2011)

"Trailer" means a vehicle with motor power or a vehicle without motor power designed to be drawn by a motor vehicle and to be used, or in fact used however temporarily, for human habitation, office, shops, or storage, including trailer coach and house trailer, mobile home and camper.

(Ord. No. 771, Exh. A, 6-7-2011)

"Trash enclosure" means an enclosure made of either solid wood, block or fence with wood or plastic slats, with a four-inch concrete floor, located a minimum of twenty feet from any street property line, and directly accessible from the main parking lot driveway.

(Ord. No. 771, Exh. A, 6-7-2011)

"Use" means the purpose for which land, or premises or a building is designed, arranged or intended, or for which it is or may be occupied or maintained.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.790 - Yard.

"Yard" means land unoccupied or unobstructed from the ground upward, except for such encroachments as may be permitted by the zoning ordinances.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.800 - Yard, front.

"Front yard" means a yard extending across the full width of the lot, measured between the street line and the required front setback line.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.810 - Yard, rear.

"Rear yard" means a yard extending, between the side yards of the lot and measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot. In the case of a corner lot, the rear yard is that portion of the lot opposite to the front yard.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.820 - Yard sales.

See "Garage sale", Section 17.04.370.

(Ord. No. 771, Exh. A, 6-7-2011)

17.04.830 - Zone.

The word "zone" as used in Chapters 17.02 through 17.62 shall mean the same as "district" as defined in this chapter.

(Ord. No. 771, Exh. A, 6-7-2011)

Chapter 17.06 - INTERPRETATION AND ENFORCEMENT

17.06.010 - Interpretation of provisions.

When interpreting and applying the provisions of Chapters 17.02 through 17.62 they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Except as specifically herein provided, it is not intended by the adoption of Chapter 17.02 through 17.62 to repeal, abrogate, annul or in any way to impair or interfere with any existing provision of law or ordinance, or any rules, regulations or permits previously adopted or issued, or which shall be

adopted or issued pursuant to law relating to the erection, construction, establishment, moving, alteration or enlargement of any building or improvement; nor is it intended by Chapters 17.02 through 17.62 to interfere with or abrogate or annul any easement, convenant, or other agreement between parties; provided, however, that in cases in which Chapters 17.02 through 17.62 impose a greater restriction upon the erection, construction, establishment, moving, alteration or enlargement of buildings or the use of any such building or premises in such several districts or any of them, than is imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, then in such cases the provisions of Chapter 17.02 through 17.62 shall control.

(Ord. 515 § 1 Exh. A (part), 1987)

All departments, officials, and public employees of the city vested with the duty or authority to issue permits or licenses shall conform to the provisions of Chapters 17.02 through 17.62 and shall issue no permit or license for uses, buildings or purposes in conflict with the provisions of Chapters 17.02 through 17.62 and any such permit or license issued in conflict with the provisions of Chapters 17.02 through 17.62 shall be null and void. It shall be the duty of the planning director of the city, or his designee, to enforce the provisions of Chapter 17.02 through 17.62 pertaining to the creation, construction, reconstruction, moving, conversion, alteration or addition to any building or structure.

(Ord. 515 § 1 Exh. A (part), 1987)

It is unlawful for any person to violate or cause any violation of the provisions of Chapter 17.02 through 17.62. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title, is guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Section 1.20.010 of this code. Such person is guilty of a separate offense for each and every day during any portion of which any violation of this title is committed or continued by such person, and shall be punishable as provided in Section 1.20.010.

(Ord. 515 § 1 Exh. A (part), 1987)

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of Chapters 17.02 through 17.62 and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of Chapters 17.02 through 17.62 shall be and the same is declared to be unlawful and a public nuisance; and the city attorney shall, upon order of the city council, immediately commence action of proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building contrary to the provisions of Chapters 17.02 through 17.62.

(Ord. 515 § 1 Exh. A (part), 1987)

17.06.050 - Remedies cumulative.

The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.08 - LOW DENSITY RESIDENTIAL (R-1)[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.08 in its entirety to read as herein set out. Former Ch. 17.08 pertained to the same subject matter, and derived from Ord. 515, 1987; and Ord. 722, 2003.

The regulations in this chapter shall apply in all R-1 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.020 - Uses permitted.

The following uses are permitted in an R-1 district:

A.

Single-family dwelling, provided only one such dwelling is permitted on a lot, subject to the second unit provisions set forth in Chapter 17.60 of this title;

B.

Accessory buildings, only if constructed simultaneously with, or subsequent to, the main building on the same lot;

C.

Accessory uses normally incidental to single-family residences;

D.

No provision is to be construed as permitting any commercial uses, including the storage or parking of commercial vehicles in excess of one-and-one-half-ton carrying capacity, except private-passenger type vehicles;

E.

Home occupation meeting the requirements of Section 17.60.020;

F.

Manufactured homes meeting the requirements of Chapter 17.52;

G.

Second units meeting the requirements of Chapter 17.60 of this title;

H.

Small family care home (see Section 17.04.350);

I.

Small child day care use (see Section 17.04.240);

J.

Crop and tree farming, gardening, horticulture and family pets, excluding:

1.

Commercial nurseries,

2.

Raising or maintaining livestock unless authorized by Section 17.02.135.

K.

Large family care home (see Section 17.04.350).

L.

Supportive housing for six or fewer persons.

M.

Transitional housing for six or fewer persons.

N.

Farmworker housing for six or fewer persons.

(Ord. No. 771, Exh. B, 6-7-2011)

In addition to uses listed in Chapter 17.50, the following uses are permitted subject to obtaining a use permit:

A.

Public parks, public schools and public playgrounds;

B.

Churches, public buildings and utility substations;

C.

Golf courses, country clubs and private residential recreation centers;

D.

Large family care home, see Section 17.04.350;

E.

Large child day care use, see Section 17.04.240.

(Ord. No. 771, Exh. B, 6-7-2011)

Except as otherwise provided in this title, each building site or parcel shall have gross lot area and a lot width not less than that indicated below for the symbol on the zoning map:

(Ord. No. 771, Exh. B, 6-7-2011)

Building height limits shall be:

A.

For dwellings, a maximum of thirty feet;

B.

For accessory buildings a maximum of twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.060 - Yard requirements.

A.

Front Yards. The minimum requirement for front yards shall be twenty feet. Distances are to be measured from the front lot line to the vertical wall line or nearest roof support member.

B.

Side Yards. Minimum required side yards shall be five feet on each side of interior lots. The side yard on the street side of a corner lot shall be no less than ten feet in width. Minimum required side yards for accessory buildings shall be one foot from interior lot lines when constructed on the rear one-half of the lot or, in the case of a corner lot, not to project beyond the front yard required or existing on the adjacent lot. On any parcel of land of an average width of less than fifty feet, which parcel was under one ownership at the time of, or is shown as a lot on any subdivision map filed in the office of the county recorder prior to, the adoption of this title, when the owner thereof owns no adjoining land, the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case to less than three feet.

C.

Rear Yard Requirements. Rear yard requirements shall be:

1.

For dwellings, a minimum of twenty feet;

2.

For accessory buildings, a minimum of one foot.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.080 - Fences, shrubs and plantings.

Fences, shrubs and plantings shall be provided in accordance with the provisions of Section 17.02.130 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.090 - Accessory buildings.

The requirements for accessory buildings in an R-1 district are as provided in Section 17.02.110 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.100 - Home occupation permits.

The requirements for any business conducted within a residence in an R-1 district are as provided in Chapter 17.60 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.08.110 - Manufactured housing.

The requirements for manufactured housing in an R-1 district are as provided in Chapter 17.52 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.10 - MEDIUM DENSITY RESIDENTIAL (R-2)[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.10 in its entirety to read as herein set out. Former Ch. 17.10 pertained to the same subject matter and derived from Ord. 515, 1987; and Ord. 722, 2003.

The regulations in this chapter shall apply in all R-2 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.020 - Uses permitted.

The following uses are permitted in an R-2 district:

A.

Uses permitted in on R-1 district as set forth in Section 17.08.020 of this title;

B.

Two-family dwellings or duplexes in a single structure;

C.

Multiple-family dwellings;

D.

Accessory buildings and uses incidental and subordinate to the above uses;

E.

Home occupations meeting the requirements of Chapter 17.60 of this title;

F.

Manufactured homes meeting the requirements of Chapter 17.60 of this title;

G.

Second units meeting the requirements of Chapter 17.60 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.030 - Uses permitted subject to a use permit.

The following uses are permitted in an R-2 district, subject to obtaining a use permit in each case as provided in Chapter 17.50:

A.

Uses permitted in an R-1 district as set out in Section 17.08.030;

B.

Mobile home parks;

C.

Those uses listed in Section 17.02.145;

D.

Large family care home (see Section 17.04.350).

E.

Supportive and transitional housing for more than six persons.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.040 - Building site area and density.

The building site area requirements in an R-2 district are as follows:

A.

Minimum interior lot width shall be sixty feet at the setback line;

B.

Minimum interior lot area shall be six thousand square feet;

C.

Minimum corner lot width shall be seventy feet at the setback line;

D.

Minimum corner lot area shall be seven thousand square feet;

E.

A minimum of thirty-five percent of the lot area shall be landscaped open space, except that the surface area of a permanent swimming pool or uncovered patio may be included to meet the open space requirements;

F.

The maximum density in any R-2 district shall be twenty units per acre.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.050 - Maximum building height.

Building heights shall not exceed:

A.

For dwellings: Thirty feet;

B.

For accessory buildings: Twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.060 - Yard requirements.

The following yards are required in any R-2 district:

A.

Front Yards: The minimum required front yard shall be fifteen feet;

B.

Side Yards: The minimum required side yards shall be five feet on all lots except as follows:

1.

The street side yard on a corner lot shall be not less than ten feet,

2.

The minimum required side yards for accessory buildings shall be one foot from interior lot lines when constructed on the rear one-half of the lot or, in the case of a corner lot, not to project beyond the front yard required or existing on the adjacent lot;

C.

Rear Yards: The minimum required rear yard shall be twenty feet and for accessory buildings a minimum of one foot shall be required.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.080 - Fences, shrubs and plantings.

Fences, shrubs and plantings shall be provided in accordance with the provisions of Section 17.02.130 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.090 - Accessory buildings.

The requirements for accessory buildings in an R-2 district are as provided in Section 17.02.110 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.100 - Home occupation permits.

The requirements for any business conducted within a residence in an R-2 district are as provided in Chapter 17.60 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.10.110 - Manufactured housing.

The requirements for manufactured housing in an R-2 district are as provided in Chapter 17.52 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.12 - HIGH DENSITY RESIDENTIAL (R-3)[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.12 in its entirety to read as herein set out. Former Ch. 17.12 pertained to the same subject matter, and derived from Ord. 515, 1987; Ord. 722, 2003; and Ord. 744, 2006.

17.12.010 - Applicability of regulations.

The regulations in this chapter shall apply in all R-3 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.020 - Uses permitted.

The following uses are permitted in an R-3 district:

A.

Multiple-family dwellings and apartment houses;

B.

Signs are permitted in accordance with Chapter 17.44 of this title;

C.

Second units meeting the requirements of Section 17.60.020;

D.

Residential condominiums;

E.

Home occupations meeting the requirements of Section 17.60.020;

F.

Handicapped access structures shall be permitted within the required front, side and rear setback areas subject to Chapter 17.62 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.030 - Uses permitted subject to a use permit.

Uses permitted, subject to obtaining a use permit in each case are:

A.

Retirement centers or residential facility for the elderly;

B.

Single-family dwellings and two-family dwellings or duplexes; only if applicant/developer can demonstrate that the lot size is so small or site conditions exist that make development of multifamily housing infeasible or the structure is of historic significance;

C.

Manufactured homes on individual lots meeting the requirements of Chapter 17.52 of this title;

D.

Rooming or boarding house;

E.

Churches, golf courses, schools, parks, playgrounds, public utilities and quasi-public buildings;

F.

Public private parking lots for automobiles when adjacent to any commercial or property management office for handling transactions of units or spaces on the same site;

G.

Maintenance equipment storage building;

H.

Mobile home parks;

I.

Family care homes (see Section 17.04.350);

J.

Supportive and transitional housing.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.040 - Building site area and density.

The building site area requirements in an R-3 district are as follows:

A.

Minimum interior lot width shall be sixty feet at the setback line;

B.

Minimum interior lot area shall be six thousand square feet;

C.

Minimum corner lot width shall be seventy feet at the setback line;

D.

Minimum corner lot area shall be seven thousand square feet;

E.

A minimum of thirty-five percent of the lot area shall be landscaped open space, except that the surface area of a permanent swimming pool or uncovered patio may be included to meet this open space requirement;

F.

The density in the R-3 district shall not exceed forty dwelling units per gross acre excluding land presently dedicated for public street or road rights-of-way.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.050 - Maximum building height.

Building height limits are:

A.

For main buildings, a maximum height of forty feet;

B.

For accessory buildings, a maximum height of twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.060 - Yard requirements.

The following yards are required in an R-3 district:

A.

Front Yards: The minimum required front yard shall be fifteen feet;

B.

Side Yards: The minimum required side yard shall be five feet on all lots except as follows:

1.

The street side yard on a corner lot shall be not less than ten feet;

2.

The minimum required side yards for accessory buildings shall be from interior lot lines when constructed on the rear one-half of the lot or in the case of a corner lot not to project beyond the front yard required or existing on the adjacent lot;

C.

Rear Yards: The minimum required rear yard shall be ten feet for main buildings and for accessory buildings a minimum of one foot.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.065 - Special yards and distances between buildings.

A.

Distance between buildings in any dwelling group shall be a minimum of ten feet.

B.

Side yards providing access to single-row dwelling groups shall be a minimum of twelve feet.

C.

Inner courts providing access to double-row dwelling groups shall be a minimum of twenty feet.

D.

See fire control regulations in Uniform Building Code.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Section 17.42.040.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.080 - Fences, shrubs and plantings.

Fences, shrubs and plantings shall be provided in accordance with the provisions of Section 17.02.130 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.12.090 - Accessory buildings.

The requirements for accessory buildings in an R-3 district are as provided in Section 17.02.110 of this title.

(Ord. No. 771, Exh. C, 6-7-2011)

Chapter 17.14 - RURAL ESTATE (R-E)[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.14 in its entirety to read as herein set out. Former Ch. 17.14 pertained to the same subject matter and derived from Ord. 515, 1987;

and Ord. 722, 2003.

The regulations in this chapter shall apply in all rural estate districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.020 - Uses permitted.

The following uses are permitted in the R-E district:

A.

Single-family dwellings including private garages, accessory buildings and uses normally incidental to a single-family residence;

B.

Agricultural uses; provided that the raising of and keeping of animals is:

1.

Conducted by the occupants or lessees of the property;

2.

Incidental and accessory to the residential use of the property;

3.

In compliance with Section 17.14.045 (number of animals);

C.

Manufactured housing in accordance with Chapter 17.52;

D.

Home occupation in accordance with Chapter 17.60;

E.

Second units meeting the requirements of Chapter 17.60 of this title;

F.

Small family care home (see Section 17.04.350);

G.

Supportive and transitional housing as defined by Government Code Sections 65650—65656;

H.

Farmworker/employee housing of up to twelve units or thirty-six beds, as defined by Health and Safety Code Section 17021.6.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 868, § 1, 2-17-2026)

17.14.030 - Uses permitted subject to a use permit.

The following uses are permitted subject to obtaining a use permit:

A.

Animals in addition to that permitted in Section 17.14.045;

B.

Group foster home;

C.

Dog kennels;

D.

Veterinarian;

E.

Golf course;

F.

Wholesale nursery or greenhouse;

G.

Commercial riding stable or riding academy;

H.

Bed and breakfast facility subject to Chapter 17.60;

I.

The keeping of beehives and the selling of bee products;

J.

Sale of agricultural produce grown or produced on the premises.

(Ord. No. 771, Exh. B, 6-7-2011)

Except as otherwise provided in this title, each building site or parcel shall have a gross lot area and a lot width not less than that indicated below for the symbol shown on the zoning map:

A.

For lands designated R-E-1, the minimum lot area shall be one acre and the minimum lot width one hundred feet.

B.

For lands designated R-E-2, the minimum lot area shall be twenty-one thousand seven hundred eighty square feet (one-half acres) and the minimum lot width one hundred feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.045 - Site area requirements for animals.

A.

Minimum lot area devoted to a residential use, ten thousand square feet.

B.

Exclusive of the area devoted to residential use, the following area shall be required for each animal to be raised or kept on the site:

1.

For each horse, mule, steer or similar sized animal, sixteen thousand square feet per animal;

2.

For each goat, sheep, swine or similar sized animal, eight thousand square feet per animal;

3.

For turkeys, chickens, geese, rabbits or similar sized animals, eight hundred square feet per animal.

(Ord. No. 771, Exh. B, 6-7-2011)

A.

For dwellings, the maximum height shall be thirty feet.

B.

For accessory buildings, a maximum height shall be twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.060 - Yard requirements.

A.

Front Yards: The minimum required front yards shall be twenty feet. Distances are to be measured from the front lot line to the vertical wall line or nearest roof or eave support member.

B.

Side Yards: The minimum requirement for side yards shall be five feet. Minimum side yard requirements for accessory buildings shall be five feet.

C.

Rear Yards: The minimum requirement for rear yards for main buildings shall be twenty feet. The minimum requirement for accessory buildings shall be five feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.080 - Fences, shrubs and plantings.

Fences, shrubs and plantings shall be in accordance with the provisions of Section 17.02.130 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.090 - Accessory buildings.

The requirements for accessory buildings in a rural estate district are as provided in Section 17.02.110 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.100 - Home occupation permits.

The requirements for any business conducted within a residence in a rural estate district are as provided in Section 17.60.020 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.14.110 - Manufactured housing.

The requirements for manufactured housing in an R-E district are as provided in Chapter 17.52 of this title.

(Ord. No. 771, Exh. B 6-7-2011)

Chapter 17.15 - MIXED USE DISTRICT ALLOWED USES AND FORM BASED STANDARDS

A.

Chapter Purpose and Intent. The purpose of this Chapter is to establish unique allowed use and development standards for subject property within the Mixed Use area as defined by the City of Anderson Zoning Code. It is the intent of these standards to help preserve and protect the existing, historic, and unique character of Downtown Anderson by requiring new construction and remodels and existing construction to enhance the existing built environment and provide additional development opportunities. Additionally, the application of these standards will enable the Downtown area to become a pedestrianoriented shopping, doing, entertainment, and living center for the city and environs.

B.

Applicability of Standards and Entitlement Review. The standards of this chapter apply to all property zoned Mixed Use. Uses that require a use permit as listed in Section 17.050 (Allowed use regulations) shall obtain a use permit.

The Downtown is also governed by a regulating plan that addresses how development interacts with the street and how the street is developed. The application of both the zoning district and the regulating plan (see Section 17.030 (Mixed Use District Definitions) for definition) are described in more detail in Sections 17.020.A (Defining the Mixed Use District) and 17.040 (Regulating Plan and Street Typologies and Standards). Generally, the zoning district designation (Mixed Use) defines the character and allowed use provisions for the subject site while the Regulating Plan defines the development standards (setbacks, building typology, street standards).

C.

Applicability of Regulating Plan Standards. Generally, the development standards applicable to a property shall be those for the respective zone and street frontage as reflected in the regulating plan. However, for those properties that face onto multiple street frontages (e.g., a corner lot or a double frontage lot), the following shall apply:

1.

The development standards applicable to the site shall be reflective of the individual sides of the lot.

For instance, if a corner lot faces Street A and Street B, then that side of the lot facing Street A shall be developed consistent with the standards for Street A and the side facing Street B shall be developed consistent with the standards for Street B.

2.

At the corner, the design shall merge and unify the two standards together such that:

a.

The more restrictive setback requirement shall prevail on that side of the corner.

For instance, if Street A has a five-foot build-to line and Street B has a zero-foot build-to line, then that side facing Street A shall be located at the five-foot build-to line and the side facing Street B shall be located at the zero-foot build-to line. (Note: In this example, the building is not centered on the corner; this is consistent with the intent of this provision.)

b.

The more restrictive design standards shall prevail on that side of the corner, provided the two standards are architecturally integrated together.

For instance, if Street A allows for a Stoop frontage and Street B does not, a Stoop may be developed along the Street A frontage, but at the corner the design of the building must architecturally transition into a frontage type that is allowed along Street B. The same shall be true for allowed building types, storefront regulations, sign types, and landscaping. Only those features allowed on that frontage may be developed on said frontage.

2.

In the case of allowed uses, the least restrictive use provisions shall apply to the entire lot, provided that the primary entrance for the use either faces the street with the least restrictive use regulations or (preferred) faces the intersection/street corner.

For instance, if a corner lot faces Street A and Street B and Street A allows a particular use by right and Street B requires a conditional use permit for the same use, then the use shall be allowed by right on that lot provided the primary entrance to the use is located facing Street A or (preferred) facing the intersection/at the corner.

(Ord. 757, § 2(Exh. A), 2009)

A.

Defining the Mixed Use District. The Mixed Use District is the regulating document for development within Downtown Anderson. The basis for this Code is in two unique zoning districts: the Mixed Use—Commercial Emphasis (MU-C) and the Mixed Use—Residential Emphasis (MU-R). The Mixed Use District recognizes the historic character of the Downtown and identifies a special set of development standards, allowed use regulations, and other special use regulations that apply to new construction and qualifying remodels/expansions.

The standards in this Chapter are presented in a format that is unique to the Downtown—through a form based code. Form based zoning provides a method of regulating development to achieve a desired urban form. Form based provisions address the relationship between building facades and the public realm, the form and mass of buildings, and the size, character, and type of streets and blocks. The central focus of

form based provisions is the regulating plan that designates the appropriate form (and character) of development rather than only distinctions in land-use types, which is the basis of conventional zoning.

This Mixed Use District also includes regulations for the street—the space between buildings. Part of the historical context of the Downtown includes how individual developments relate and interact with the street. This is because the street acts as a unifying thread across all development.

B.

Relationship to Other Zoning Provisions. Generally, the regulations of this chapter shall govern development within the Downtown. In cases where there is a conflict between the provisions of this chapter and the regulations elsewhere in the Zoning Code, this Chapter shall prevail. However, with regard to topics on which this Chapter is silent, provisions elsewhere in the Zoning Code shall prevail.

(Ord. 757, § 2(Exh. A), 2009)

17.15.030 - Mixed Use District definitions.

The following terms are used throughout the Mixed Use District and are defined as follows:

Alley. A narrow public drive serving commercial and residential development. (See Section 17.040.B.1.e. for further discussion.)

Alley parking. Residential or commercial parking that takes access from an alley. (See Section 17.060.I.1. for further discussion.)

Arcade frontage. An Arcade frontage is nearly identical in character to the Gallery frontage except that the upper stories of the building may project over the public sidewalk and encroach into the public right-ofway. The sidewalk must be fully absorbed within the colonnade so that a pedestrian may not bypass it. (See Section 17.060.D. for further discussion.)

Avenue. Connects districts or regions and capable of carrying a large amount of vehicular traffic while still maintaining a quality pedestrian environment and retail-supporting urban edge. This street typology may be used in place of an Arterial. (See Section 17.040.B.1.a. for further discussion.)

Awning. A temporary shelter that is supported from the exterior wall of a building. It is typically constructed of canvas or a similar fabric that is sturdy and flexible.

Building type. Defines the type of structure based on massing, layout, and use. (See Section 17.060.E for further discussion.)

Build-to line. An urban setback dimension that delineates the maximum distance from the property line a front or street side building facade can be placed. Typically, build-to lines range from zero to ten feet.

Bulkhead. The portion of a commercial facade located between the ground and the bottom of the street level display windows. It is typically constructed of stone, brick, or concrete.

Bulkhead height. The height of the bulkhead (see "Bulkhead"). (See Section 17.060.G. for further discussion.)

Courtyard housing building type. A group of dwelling units arranged to share one or more common courtyards on a qualifying lot in any zone. Dwellings take access from the street or the courtyard(s). Dwelling configuration occurs as townhouses, apartments, or apartments located over or under townhouses. The Courtyard is intended to be a semi-public space that is an extension of the public realm. (See Section 17.060.E. for further discussion.)

Door Yard/Terrace frontage. Characterized by a facade that is set back from the street property line and multiple levels of the building directly accessible from the street. Door Yard/Terrace is a variation on the Stoop frontage, but it provides opportunities for multiple levels of commercial/retail easily accessible from the street. (See Section 17.060.D. for further discussion.)

Dwelling unit. Any room or group of connected rooms that have sleeping, cooking, eating, and bathroom facilities and are intended for long-term occupation.

Expression line. An architectural embellishment that delineates the end of the ground floor and the start of the second floor of a building.

Facade. The architecturally finished side of a building, typically facing onto a public right-of-way or street.

Form based code (FBC). A development code emphasizing the regulation of building form, scale, and orientation, rather than zoning and land use.

Frontage line. A lot line fronting a street, public right-of-way, paseo, plaza, or park.

Frontage type. The architectural composition of the front facade of a building, particularly concerning how it relates and ties into the surrounding public realm. (See Section 17.060.D. for further discussion.)

Front yard housing building type. A detached building designed as a single-family residence, duplex, triplex, or quadplex. Front yard housing is accessed from the sidewalk adjacent to the street build-to line. (See Section 17.060.E.4. for further discussion.)

Gallery frontage. Characterized by a facade which is aligned close to or directly on the right-of-way line with the building entrance at sidewalk grade and with an attached colonnade that projects over the public sidewalk and encroaches into the public right-of-way. The sidewalk must be fully absorbed within the colonnade so that a pedestrian may not bypass it. (See Section 17.060.D. for further discussion.)

tage. Characterized by a facade which is aligned close to or directly on the right-of-way line with the building entrance at sidewalk grade and with an attached colonnade that projects over the public sidewalk and encroaches into the public right-of-way. The sidewalk must be fully absorbed within the colonnade so that a pedestrian may not bypass it. (See Section 17.060.D. for further discussion.)

Ground floor height. The height of the front facade's first story as measured from the sidewalk level up to the bottom of the "expression line" (see "Expression Line"). (See Section 17.060.G.2. for further discussion.)

Half block liner building type. An attached building with a frontage of approximately one-third to one-half the length of a Downtown block and zero side yard setbacks. It is used for mixed-use, residential, and commercial development. (See Section 17.060.E. for further discussion.)

Height. The vertical distance of a building measured between the point where the final grade intersects a building or its foundation to the highest point of the building directly above that point.

Historic building or resource. Historic buildings and resources are usually forty-five years old or older and meet at least one of the following criteria:

1.

A resource listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources (Public Resources Code, Section 5024.1).

2.

A resource included in a local register of historical resources, as defined in Public Resources Code, Section 5020.1(k) or identified as significant in a historical resource survey.

3.

Any object, building, structure, site, area, place, record, or manuscript which the City determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, and:

a.

Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage;

b.

Is associated with the lives of persons important in our past;

c.

Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or

d.

Has yielded, or may be likely to yield, information important in prehistory or history.

Infill building type. An attached building with a frontage that is less than one-third the length of a Downtown block. It is used for mixed-use, residential, and commercial development. (See Section 17.060.E. for further discussion.)

Inset of front door from "build-to line." The distance from the front door of the building to the "build-to line" (see "Build-to line"). (See Section 17.060.G. for further discussion.)

Maximum awning extension from building. The maximum distance allowed between the building and the end of a fully extended awning (see "Awning"). (See Section 17.060.G. for further discussion.)

Neighborhood yard frontage. Characterized by deep front yard setbacks where the building facade is set back substantially from the front property line. The resulting front yard is unfenced and is visually continuous with adjacent yards, supporting a common landscape. (See Section 17.060.D. for further discussion.)

Parking structure. A privately owned and operated multistory structure that provides public parking spaces for a fee. (See Section 17.060.I. for further discussion.)

Parking type. The type of parking allowed for motorized vehicles including automobiles, trucks, and motorcycles. (See Section 17.060.I. for further discussion.)

Paseo. Local and private pathways serving pedestrians and bicyclists only. Paseos may also provide limited service access during specified periods of the day. (See Section 17.040.B.1.f. for further discussion.)

Porch frontage. Characterized by a facade which is set back from the property line with a front yard and by a porch which is appended to the front facade (the porch may encroach into the front setback). (See Section 17.060.D. for further discussion.)

Regulating plan. Designates building form and streetscape standards based on location, street hierarchy, and character. More specifically, it addresses how development interacts with the street and how the street is developed, and it defines the development standards (setbacks, building typology, street standards).

Rowhouse building type. Two or more detached two- or three-story dwellings with zero side yard setbacks. A Rowhouse may be used for nonresidential purposes. (See Section 17.060.E. for further discussion.)

Setback. The required distance between a property line and a building or ancillary structure.

Stoop frontage. Characterized by a facade which is aligned close to the frontage line with the ground story elevated from the sidewalk to provide privacy for the ground floor uses. The entrance is usually an exterior stair or landing which may be combined with a small porch or roof. (See Section 17.060.D. for further discussion.)

Storefront frontage. Characterized by a facade which is aligned close to or directly on the right-of-way line with the building entrance at sidewalk grade. Storefront frontage has substantial glazing on the ground floor and provides awnings or canopies cantilevered over the sidewalk. (See Section 17.060.D. for further discussion.)

Storefront width. The front facade width as measured from one corner of the front facade to the other. (See Section 17.060.G. for further discussion.)

Street typology. Classifies street, sidewalk, and related landscaping standards based on the primary use of the street. (See Section 17.040.B.1. for further discussion.)

Surface parking—Behind building. Ground-level public or private parking lot located in the rear yard setback behind a building. If possible, access to the parking should be taken from an alley. (See Section 17.060.I. for further discussion.)

Surface parking—Next to building. Ground-level public or private parking lot located in the side yard setback next to a building. If possible, access to the parking should be taken from an alley. (See Section 17.060.I. for further discussion.)

Terrace frontage. Characterized by a facade that is set back from the street property line by an elevated terrace. This buffers residential uses from the sidewalk and removes the private yard from public encroachment. (See Section 17.060.D. for further discussion.)

Tucked under parking. Ground-level private covered parking lot located directly beneath the second floor of building. Tucked under parking shall not be visible from the public right-of-way unless the right-of-way is a City-designated alley. (See Section 17.060.I. for further discussion.)

(Ord. 757, § 2(Exh. A), 2009)

A.

Establishment of the Regulating Plan and Street Hierarchy and Character. In addition to the application of the Mixed Use District, development within the Downtown is also governed by the regulating plan. The regulating plan "codes" development based upon the street it is located along. This plan is based on the following street hierarchy and character, and as illustrated on the regulating plan (see Figure 17-1, The Regulating Plan):

1.

Main street (East Center Street, East Street, and Ventura Street)—A main street is a primary street of Downtown Anderson and provides a social setting for the community. It is pedestrian-oriented and focused on rehabilitation of existing buildings, as well as the development of new infill structures that are compatible with the uniquely small town character of the district. This area benefits from the presence of specialty retail businesses, restaurants, nightlife, and tourism-oriented services. Residential uses that are designed to add activity to the street scene are encouraged.

2.

Service streets (Freeman Street and West Center Street)—The focus of service streets is to maximum [maximize] on-street parking and provide vehicular access to the backs of buildings and parking lots or to serve the automotive type uses found along West Center Street.

3.

Neighborhood streets (South Street, Howard Street, Ferry Street, Martha Street, and Oak Street)—The neighborhood streets of Downtown Anderson display a mix of local retail and residential development. They have a more intimate nature than the other areas, as reflected in the narrower sidewalks and streets, and the abundance of street trees and landscaping. Neighborhood streets also provide the primary pedestrian routes between the residential and commercial portions of Downtown.

4.

Avenues (North Street and Balls Ferry Road)—Avenues are more automobile-oriented than the other streets and replace arterial roadways as these significant roadways pass through Downtown. As such, avenues are an ideal location for regional commercial and family entertainment.

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B.

Street Typologies and Standards. The purpose of this Section is to provide roadway standards that will facilitate the creation of streets that are inviting, multimodal public places for vehicular traffic, bicyclists, and pedestrians.

Street Typologies.

a.

Avenue. Avenues connect districts or regions and are capable of carrying a large amount of vehicular traffic while still maintaining a higher quality pedestrian environment and retail-supporting urban edge. This street typology replaces an Arterial in Downtown.

The landscaping strip along the sides of the roadway should be designed to facilitate the safe passage of pedestrians. It is suggested that the strip include a continuous landscaped area between the edge of the curb and the sidewalk. This area should include street trees and lighting designed at a pedestrian scale. Landscape strips should be a minimum of five feet wide. Where a continuous landscape strip is not possible, street trees should be provided within tree wells or at intersections within curb "bulb-outs."

Wherever an avenue intersects with a main street or a neighborhood street, the intersection should be designed to enhance pedestrian safety and convenience. Features may include pedestrian bulb-outs, differentiated accent paving within the intersection, in-street crossing lights (if there is no crosswalk signal), and pedestrian refuge areas within the medians of avenues.

b.

Main Street[s]. Street trees should frequently interrupt the parking lanes to soften visual impact of the parked vehicles and to help cool the air heated by the pavement.

Diagonal parking and wide sidewalks should create a safe, inviting environment for both pedestrians and motorists.

Wherever a main street intersects with an avenue or a neighborhood street, the intersection should be designed to provide pedestrians with safe passage. Features may include pedestrian bulb-outs, differentiated accent paving within the intersection, and in-street crossing lights (if there is no crosswalk signal).

Turning movements typically occur from within the main travel lanes: however, short (one- to two-car length) turn pockets may be provided at some intersections in lieu of parking on one side of the street.

c.

Neighborhood Streets. Neighborhood streets are home to the majority of residential development in Downtown Anderson as well as a few small neighborhood-serving retail stores. These streets have a more intimate nature than the other areas, and because of this landscaping and larger street trees should frequently interrupt the parking lanes to soften visual impact of the parked vehicles and to help cool the air heated by the pavement. A continuous landscape strip is not required.

d.

Service Streets. The focus of service streets is to maximize on-street parking and provide vehicular access to the backs of buildings and parking lots or to serve the automotive type uses.

Customer entrances may be located off alleys, but the primary entrance should face a main street, neighborhood street, or avenue if a lot has two frontages.

e.

Alley. Alleys are narrow public drives serving commercial and residential development. In commercial developments, alleys provide the primary service access and loading areas for businesses.

Customer entrances may also be located off of alleys. In addition, if it does not obstruct the flow of vehicular and pedestrian traffic, portions of the alley may be used for outdoor retail space, patios, art gardens, and related uses. In residential development, parking should be accessed via alleys.

Alley street lighting and landscaping should be designed at a pedestrian scale with an emphasis on creating a safe and secure environment. Additionally, landscaping shall not impede automobile or pedestrian visibility within or immediately adjacent to an alley.

f.

Paseo. Paseos are local and private pathways serving pedestrians and bicyclists only, and they may also provide limited service access during specified periods of the day. In addition, if it does not obstruct the flow of pedestrian traffic, portions of the paseo may also be used for outdoor dining, retail space, patios, art gardens, and related uses.

These types of "streets" are not necessarily shown on the Regulating Plan but would be appropriate to include in the district as part of a unified development plan to connect uses and activities in a pedestrian orientation without additional public right-of-ways.

Paseo street lighting and landscaping should be designed at a pedestrian scale. Larger canopy trees should be used where possible for shade.

2.

Street Typology Standards. The following table (Table 17-1) displays associated standards for each street typology.

TABLE 17-1: STREET TYPOLOGY STANDARDS

Notes:

1.

Twenty-five feet is ideal but actual curb radius shall be determined in consultation with Caltrans and the City Engineer.

2.

Street trees shall be provided along neighborhood streets. Bulb-outs at street intersections and landscape planters placed between parallel parking spaces shall be provided of sufficient size to accommodate street trees planted at regular intervals as required by the Planning Director.

(Ord. 757, § 2(Exh. A), 2009)

The purpose of this section is to list allowed uses according to districts and Downtown zones within the districts. This list is not meant to be exhaustive and does not regulate building character or design, but instead delineates the types of uses allowed within a building. These allowed use regulations are unique to Chapter 17 and are intended to implement the vision of the Anderson General Plan.

Areas within the Downtown area that are zoned C-1 are subject to the applicable regulations in the Zoning code related to that zoning district. Buildings constructed within Downtown are encouraged to comply with building placement and design standards set forth for the Mixed Use District.

A.

Permitted Uses. The following table (Table 17-2) identifies the permitted uses within the Downtown. These allowed use regulations are listed by street type, then by district, as applicable. The uses listed are defined in Section 17.050.B (Definitions of Permitted Uses).

TABLE 17-2: PERMITTED USES

Notes:

1. Alcohol sales permitted on premises.

2. Subject to home occupation standards.

3. Ground floors shall be constructed to accommodate commercial use. Ground floor residential uses may be permitted as interim uses only.

The symbols are defined as: P—Permitted; C—Conditionally Permitted; N—Not Permitted.

B.

Definitions of Permitted Uses.

1.

Attached Single-family Residential. A building designed exclusively for occupancy by one family on a single lot that has zero side yard setbacks and shares a party wall with the adjacent building(s) (e.g., townhouse).

2.

Commercial Recreation and Entertainment. Establishments providing indoor or outdoor recreation and entertainment services including bars, movie theaters, dance halls, electronic game arcades, bowling

alleys, billiard parlors, ice/rolling skating rinks, health clubs.

3.

Detached Single-family Residential. A building designed exclusively for occupancy by one family on a single lot. This classification includes manufactured homes (defined in California Health and Safety Code Section 18007).

4.

Institutional/Governmental. This use includes churches and related facilities, government agency and service facilities (e.g., post office, civic center, police department, fire department), as well as public educational facilities and publicly owned parkland.

5.

Home Occupation. The conduct of a business within a dwelling unit or residential site, employing occupants of the dwelling, with the business activity being subordinate to the residential use of the property. Home occupations are typically home office use with a limited number of customers coming to the site. Examples include, but are not limited to, accountants and financial advisors, architects, artists, attorneys, and real estate sales.

6.

Live/Work Unit. An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes:

a.

Complete kitchen space and sanitary facilities in compliance with the City building code; and

b.

Working space reserved for and regularly used by one or more occupants of the unit.

c.

The difference between live/work and work/live units is that the "work" component of a live/work unit is secondary to its residential use and may include only commercial activities and pursuits that are compatible with the character of a quiet residential environment, while the work component of a work/live unit is the primary use to which the residential component is secondary.

7.

Mixed-use. Characterized by commercial retail use on the ground floor and office, hotel, or residential uses on the upper floors.

Multi-family Residential. A building designed and intended for occupancy by two or more families living independent of each other, each in a separate dwelling unit, which may be owned individually or by a single landlord (e.g., duplex, triplex, quadplex, apartment, apartment house, condominium).

9.

Navigation Centers. "Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. A low barrier navigation center may be non-congregate and relocatable as defined by Government Code Section 65660.

10.

Neighborhood Commercial. A pedestrian-oriented market store oriented to the daily shopping needs of the surrounding residential areas. Neighborhood markets are less than eight thousand square feet in size and operate less than eighteen hours a day. Neighborhood markets may include deli or beverage tasting facilities that are ancillary to the market/grocery portion of the use. Alcohol sales are allowed for off-site consumption or on-site consumption as part of the beverage tasting facility only.

11.

Offices. This use includes businesses providing direct services to consumers (e.g., insurance companies, utility companies), professional offices (e.g., accounting, attorneys, doctors, dentists, employment, public relations), personal services (e.g., barber and beauty shops, shoe repair, tailors), and offices engaged in the production of intellectual property (e.g., advertising, architectural, computer programming, photography studios).

12.

Retail Commercial. Stores and shops selling multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to, art galleries, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug stores, dry goods, fabrics and sewing supplies, florists and houseplant stores, furniture, home furnishings and equipment, general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies, specialty shops, day spas, sporting goods and equipment, and stationery stores. Thrift stores are allowed with the issuance of a conditional use permit only.

13.

Sit-down Restaurants. A retail business selling food and beverages prepared and/or served on the site, for on-premise consumption where most customers are served food at tables, but may include providing food for takeout. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Alcohol sales are allowed for on-site consumption only.

14.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community as defined by California Government Code Section 65582.

15.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance as defined by California Government Code Section 65582.

C.

Prohibited Uses. Regardless of zoning designation, unless it is found that the use is compatible with a mixed-use development, the following uses shall be prohibited:

1.

Adult-oriented business;

2.

Agriculture and commercial nursery;

3.

Commercial cleaning plant;

4.

Boat, trailer, and vehicle (including parts) sales, service, storage and garages except along West Center and Douglas streets;

5.

Camp and trailer park;

6.

Car wash;

7.

Drive-in/drive-through restaurants;

8.

Equipment rental and sales yard;

Fuel dealers;

10.

Laundry, commercial plant;

11.

Recycling center and recyclable material collection facility;

Service station;

13.

Thrift store. Defined as a shop where more than fifty percent of the sales inventory is used articles except as provided in Section 17.15.050(B)11.

14.

Uses involving hazardous materials or generating high level of noise incompatible with residential uses;

15.

The planning director may deem additional uses to be prohibited based on a finding that the use is similar in nature, function, and operation to the prohibited uses listed in this subsection.

(Ord. 757, § 2(Exh. A), 2009; Ord. No. 767, 9-21-2010; Ord. No. 868, § 2, 2-17-2026; Ord. No. 870, § 2, 2- 17-2026)

17.15.060 - Development standards.

Development standards for development activities are intended to encourage, protect, and preserve the historic urban image of Downtown Anderson. They are also intended to improve overall aesthetic appearance and to serve as an incentive for private investment.

An important initiative of the Anderson Mixed Use District is to clearly spell out development standards that shape the desired urban form. Building intensities are regulated through conformance to the prescribed development standards and design guidelines (e.g., height, setbacks, parking, form, massing).

A.

General Development Standards.

1.

Mandatory Conformance. Standards listed in this Section—General Development Standards—as well as architectural and design standards listed in Section 17.070, are mandatory requirements that must be satisfied for all new projects and modifications to existing development, as follows:

a.

Projects shall be reviewed for conformance with these provisions as part of design review.

b.

Modifications to existing development, except for minor modifications listed (as listed in [Subsection] c., below) and that only require issuance of a building permit, shall be reviewed for conformance to the standards within this chapter as part of plan check during building permit review.

c.

Standards within this Chapter are not applicable to minor modifications to a structure, such as repair, restoration, or reconstruction, where such work, as determined by the Planning Director, maintains the outer dimensions and surface relationships of the existing structure (e.g., repainting, replacement of windows or doors with matching size and style, repair of exterior materials such as stucco, brick, and wood)

2.

Adaptive Reuse Provisions. The following exemptions to the design standards are provided to allow the reuse of existing small scale buildings within the district:

a.

Within the MU-C portion of the district the following exemptions and provisions shall apply to nonconforming houses or stand-alone structures on lots seven thousand square feet or smaller:

i.

Structures are exempted from the "build-to" requirements.

ii.

Maintenance, repair and modifications are permitted without compliance to provisions within this Chapter provided such work does not exceed fifty percent of the appraised value thereof, according to the assessor's records or current appraisal of valuation of subject property. Any appraisal shall be furnished and paid for by the applicant.

iii.

The design review committee shall review remodels, and expansions, unless otherwise exempted. A determination shall be made by the committee that the improvements comply with the spirit of the design standards by incorporating one or more features.

b.

Within the MU-R, conversions from residential to an allowed commercial use (e.g. offices, restaurants and small shops) is subject to review and approval by the design review committee. The DRC shall review the

conversion plans to ensure the character of the building is preserved while allowing for necessary commercial modifications including but not limited to Americans with Disabilities Act requirements.

c.

Nonconforming properties located in either the MU-C or MU-R that qualify as historic buildings or resources as defined by this code may also expand or remodel subject to review and approval by the design review committee that the historic character of the building is maintained or reestablished.

3.

Area-Wide Height Requirements and Exceptions. Refer to Section 17.060.B. and Table 17-3 for district height requirements.

The approval body may approve architectural features such as tower elements, elevator service shafts, and roof access stairwells that extend above the height limit. Telecommunications antennas and service structures located on rooftops may also exceed the maximum building height but shall be hidden to the maximum extent possible using appropriate screening and "stealth" technologies.

B.

Height Requirements. The maximum height is specified in Table 17-3 below and is intended to preserve the compact, walkable, historic Downtown core while simultaneously stimulating economic development in the commercial heart of the City.

TABLE 17-3: HEIGHT REQUIREMENTS

1.

The maximum height may be increased by twenty percent with a use permit.

C.

Building Placement. The setbacks and build-to lines for Downtown Anderson are intended to enhance social interactions in the historic Downtown retail core while simultaneously providing appropriate levels of privacy in residential areas.

Table 17-4 and Figure 17-10 display setback requirements for each Downtown Anderson district.

TABLE 17-4: SETBACK AND "BUILD-TO" REQUIREMENTS

• Build-to lines are defined as the edge where the public right-of-way ends and the private property boundary begins. The line may vary from the standards specified in this table if a conflict exists with the allowed frontage type. Additional setback may be permitted to allow for outdoor seating, an entry plaza and other similar areas. Buildings may not be setback to accommodate parking in front of building facades.

D.

Frontage Types. The architectural composition of the front facade of a building, particularly concerning how it relates and ties into the surrounding public realm. The Downtown Anderson frontage types are intended to enhance social interactions in the historic Downtown retail core while simultaneously providing appropriate levels of privacy in residential areas. Allowed frontage types in the different districts and along the four street types are listed in Table 17-5 and defined below. An "X" means that the frontage type is allowed; a blank cell means that the frontage type is not allowed.

TABLE 17-5: ALLOWED FRONTAGE TYPES

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• Depth = Ten-foot minimum from the build-to line to the inside column face.

• Height = Ten-foot minimum clear.

• Seventy-five percent—one hundred percent of the building front.

— An arcade frontage is nearly identical in character to the Gallery frontage except that the upper stories of the building may project over the public sidewalk and encroach into the public right-of-way.

— The sidewalk must be fully absorbed within the colonnade so that a pedestrian may not bypass it.

• This frontage is typically for retail use.

— An encroachment permit is needed to construct this frontage type, but can be approved as part of Design Review.

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• Depth = Ten-foot minimum from the build-to line to the inside column face.

• Height = Ten-foot minimum clear.

• Seventy-five percent—one hundred percent of the building front.

— A gallery frontage is characterized by a facade which is aligned close to or directly on the right-of-way line with the building entrance at sidewalk grade and with an attached colonnade that projects over the public sidewalk and encroaches into the public right-of-way.

• The sidewalk must be fully absorbed within the colonnade so that a pedestrian may not bypass it.

• This frontage is typically for retail use.

— An encroachment permit is needed to construct this frontage type, but can be approved as part of Design Review.

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• Depth = Five-foot minimum over the sidewalk.

• Height = Eight-foot minimum clear, twelve-foot maximum.

• Minimum of fifty percent of the overall building frontage.

— A storefront frontage is characterized by a facade which is aligned close to or directly on the right-ofway line with the building entrance at sidewalk grade.

— Storefront frontage has substantial glazing on the ground floor.

— Storefront frontages provide awnings or canopies cantilevered over the sidewalk.

— Building entrances may either provide a canopy or awning, or alternatively, may be recessed behind the front building facade.

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• Width = Three-foot minimum.

• Stoops must rise to a minimum of three feet above grade. Exceptions may be permitted to comply with ADA requirements where no other alternative exists.

— A stoop frontage is characterized by a facade which is aligned close to the frontage line with the ground story elevated from the sidewalk to provide privacy for the ground floor uses.

• The entrance is usually an exterior stair or landing which may be combined with a small porch or roof.

• The stoop frontage type is suitable for ground floor residential uses with short setbacks.

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• Width = Three-foot minimum.

• Minimum of three feet above grade. Exceptions may be permitted to comply with ADA requirements where no other alternative exists.

— A door yard/terrace frontage is characterized by a facade that is set back from the street property line and multiple levels of the building directly accessible from the street.

— The door yard/terrace is a variation on the stoop frontage, but it provides opportunities for multiple levels of commercial/retail easily accessible from the street.

— Could also be used for a lower-level commercial use with office or residential on the second level.

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• Depth = Six-foot minimum (clear).

• Width = Ten-foot minimum.

• Height = Ten-foot minimum (clear).

• Porch height must be a minimum of three feet above grade. Exceptions may be permitted to comply with ADA requirements where no other alternative exists.

— This frontage type is characterized by a facade which is set back from the property line with a front yard and by a porch which is appended to the front facade.

• The porch may encroach into the front setback.

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• Minimum twenty-foot setback

• Maximum thirty-foot setback

— A neighborhood yard frontage is characterized by deep front yard setbacks. The building facade is set back substantially from the front property line. The resulting front yard is unfenced and is visually continuous with adjacent yards, supporting a common landscape. Porches and/or stoops are not required, though they are recommended.

E.

Building Types. The following building types are intended to provide a variety of flexible building styles appropriate for the small town character of Anderson that can be used to guide future development. Allowed building types in the different districts and along the four street types are listed in Table 17-6 and defined below. An "X" means that the building type is allowed; a blank cell means that the building type is not allowed.

TABLE 17-6: ALLOWED BUILDING TYPES

1.

Half Block Liner. An attached building with a frontage of approximately one-third to one-half the length of a downtown block and zero side yard setbacks. It is used for mixed-use, residential, and commercial development.

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2.

Infill. An attached building with frontage that is less than one-third the length of a downtown block and zero side yard setbacks. It is used for mixed-use, residential, and commercial development.

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3.

Terraced. A mixed-use, residential, or commercial building characterized by individual units that are assessed via multileveled outdoor terraces. The terraces are intended to be semi-public spaces that are extensions of the public realm.

4.

Front Yard Housing. A detached building designed as a single-family residence, duplex, triplex, or quadplex. Front Yard Housing is accessed from the sidewalk adjacent to the street build-to line.

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Rowhouse. Two or more detached two- or three-story dwellings with zero side yard setbacks. A rowhouse may be used for nonresidential purposes.

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6.

Courtyard Housing. A group of dwelling units arranged to share one or more common courtyards on a qualifying lot in any zone. Dwellings take access from the street or the courtyard(s). Dwelling configuration occurs as town houses, apartments, or apartments located over or under town houses. The courtyard is intended to be a semi-public space that is an extension of the public realm.

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F.

Residential Standards When Part of Mixed-Use Development. The residential component of a mixed-use development may be located wholly within an existing commercial building or in an entirely new structure.

The following requirements apply:

1.

To provide adequate privacy and security, residential entrances may be grade-separated or placed in the quieter areas away from the main commercial portions.

2.

Access to residential use shall be clearly delineated.

3.

Access to open space areas, either public or private, shall be provided when available.

4.

When in a mixed configuration, residential uses should be located on the upper stories or on ground floors when they do not use storefront space. Residential uses may occupy, on a temporary basis, the ground floor of a building located on commercial street frontage, but the ground floor shall be designed to accommodate future commercial use.

5.

Units of various sizes (e.g., studios, one- and two-bedroom units) are encouraged.

6.

Open space shall be required regardless if the residential use is located in an existing, expanded, or new structure:

a.

The amount of open space shall be governed by the standards of the residential zoning most similar in nature and function to the proposed residential portion of the mixed-use development. However, the amount may be reduced based on the anticipated needs of the future tenants and the quality, usefulness, and/or amenities within the spaces provided.

b.

On-site open space may include, but is not limited to, pedestrian walkways, plaza areas, landscape areas, roof gardens, terraces, and other creative spaces which may be used either visually, actively, or passively by the residents within the development.

c.

Public open space such as parks, plazas, public recreational facilities, and other similar facilities located within one-quarter mile may be counted toward the open space requirement for the mixed-use development.

G.

Storefront Regulations. The following storefront standards are intended to provide continuity of building form at street level in Downtown Anderson. Additionally, standards are meant to enhance the relationship between buildings and the sidewalk, subsequently encouraging more pedestrian activity.

Table 17-7 lists the storefront design standards. "Tags" refer to those elements labeled in Figure 17-11 and described below (Storefront Design Standard Definitions).

TABLE 17-7: STOREFRONT DESIGN STANDARDS

H.

Storefront Design Standard Definitions.

1.

Storefront Width. The front facade width as measured from one corner of the front facade to the other.

2.

Ground Floor Height. The height of the front facade's first story as measured from the sidewalk level to the top of the expression line. An expression line is an architectural embellishment that delineates the end of the ground floor and the start of the second floor of a building.

3.

Bulkhead Height. The height of the bulkhead which is the portion of a commercial facade located between the ground and the bottom of the street level display windows. It is typically constructed of stone, brick, or

concrete.

4.

Inset of Front Door from Build-To Line. The distance from the front door of the building to the build-to line. A build-to line is an urban setback dimension that delineates the maximum distance from the property line a front building facade can be placed. Typically, build-to lines range from zero to ten feet. See Table 17-7 for build-to line regulations in Downtown Anderson.

5.

Maximum Awning Extension from Building. The maximum distance allowed between the building and the end of a fully extended awning. An awning is a temporary shelter that is supported from the exterior wall of a building. It is typically constructed of canvas or a similar fabric that is sturdy and flexible.

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6.

Entry Plazas and Seating Areas. Downtown stores are encouraged to integrate outdoor seating and entry plazas into the design of buildings. The building facades may be setback from the build-to line to

accommodate outdoor seating and/or plazas. Storefront windows and doors shall be used to ensure that a visual connection is maintained between the outdoor and indoor areas of the use.

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I.

Parking. Parking requirements have been reduced to encourage pedestrian activity and economic growth in Downtown Anderson. In the design of parking facilities, consideration should be given to locating parking in the back or at the sides of buildings in order to maintain a continuous retail facade for pedestrians along downtown streets.

1.

Allowable Parking Types. Allowable parking types listed in Table 17-8 and defined below. An "A" means that the parking type is allowed; a "P" means that the parking type is preferred and highly encouraged. An "N" means that the parking type is not allowed.

TABLE 17-8: PARKING

N/A

1/du

1/du

1.5/du

Residential

N—Not permitted

A—Allowed

P—Preferred and highly encouraged.

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2.

Parking Standards.

a.

Downtown Anderson encourages "one-stop" parking where shoppers park once and visit multiple stores on foot. On-street parking is encouraged and along certain streets may serve as the only parking for a use. Shared parking lots are encouraged.

b.

Locating parking lots between the front property line and the building store front is prohibited. Instead, offstreet parking should be located to the rear of buildings. Street parking should be available whenever possible in front of retail stores.

c.

When off-street parking in the rear is not possible, the visual impact of headlight bleed and the asphalt parking surface shall be minimized by landscaped berms and/or walls with a maximum height of 3 feet.

d.

Rear parking lots should be designed and located contiguously, or adjacent to alleys, so that vehicles can travel from one private parking lot to the other either directly or via an alley without having to enter a street. This may be achieved with reciprocal shared access agreements.

e.

Locate rear parking lots or structure entries on side streets or alleys in order to minimize pedestrian/vehicular conflicts.

f.

Create wide, well-lit, landscaped pedestrian walkways connecting on-site pedestrian circulation systems in parking lots to off-site public sidewalks and building entries.

g.

In order to minimize conflicting vehicle turning movement along major roadways, the City encourages shared access drives within and between integrated nonresidential development. This reduces the number of driveway curb cuts. The City also encourages reciprocal access between non-residential developments to provide for convenience, safety, and efficient circulation. If incorporated, a reciprocal access agreement shall be recorded with the land by the owners of abutting properties to ensure shared access will be preserved over time.

h.

The layout of parking areas should be designed so that pedestrians walk parallel to moving cars.

i.

Parking areas that accommodate a significant number of vehicles should be divided into a series of connected smaller lots. Landscaping and offsetting portions of the lot are effective in reducing the visual impact of larger parking areas.

j.

Demarcation of parking spaces should be legible, and the spaces should be adequate but not overly generous.

k.

Parking structures (privately owned and operated) are encouraged to incorporate retail and/or office space on the street level of the structure. This prevents the structure from becoming a pedestrian "dead zone" in Downtown Anderson.

J.

Signs. The following sign standards are intended to encourage creative sign design as an integral part of a building's architecture, rather than treating signs as an add-on or afterthought. Additionally, stimulating retail and wayfinding signage in Downtown Anderson will increase economic activity and city legibility. While this Section addresses permanent signage within the Downtown, additional provisions for temporary signs, prohibited signs, and other general provisions may be found in Chapter 17.44 (Comprehensive Sign Ordinance).

1.

Relation to Other City Sign Regulations. Where conflicts exist between this Section and Chapter 17.44 (Comprehensive Sign Ordinance), provisions within this Section shall prevail.

2.

Allowed Sign Types. Allowed types of signs are listed in Table 17-9 by street type and zone. An "A" means that the sign type is allowed; a "P" means that the sign type is preferred and highly encouraged. An "N" means that the sign type is not allowed.

TABLE 17-9: ALLOWABLE SIGN TYPES

Notes:

Monument signs allowed only if landscaped and shared by two or more businesses.

2.

A-frame signs permitted only if they do not interfere with the pedestrian right-of-way.

N—Not permitted

A—Allowed

P—Preferred and highly encouraged.

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3.

Sign Size and Number. Consistent with the standards of Chapter 17.44 (Comprehensive Sign Ordinance), the maximum allowed number and size for signs in downtown shall be as follows:

a.

Freestanding Sign. One freestanding identification sign per site allowing one-quarter foot of sign area per foot of lot frontage on which the sign is to be located, not to exceed twenty square feet in area nor six feet in height on a site where all buildings are set back at least ten feet from the street curb or street pavement edge on which the use fronts. Where the subject property exceeds one acre in size, the maximum sign area may be increased to forty square feet and height to ten feet.

b.

Wall Sign. One wall sign per building frontage. Maximum wall sign area is determined as follows, not to exceed one hundred square feet:

i.

For buildings with only one building frontage: One-half square foot of sign area for each ground-level linear foot of building frontage.

ii.

For buildings with multiple building frontages: One-half square foot of sign area for each ground-level linear foot of one building frontage and one-quarter square foot of sign area for each linear foot of additional frontage. The basic sign area in a multitenant center may be reallocated between businesses by the center manager based on an overall sign plan for the center.

c.

Marquee Sign. One marquee sign per building occupant which does not exceed five square feet in area or is located lower than seven and one-half [feet] above the grade level below it. No sign may be placed upon the roof of a marquee.

d.

Projecting Signs. One projecting sign per building, not to exceed four-tenths square feet for every linear foot of main entrance facade frontage, not to exceed a maximum of twenty square feet. A projecting sign shall be at least eight feet above grade directly below the sign.

e.

Multistory Building Directory Sign. One directory wall sign for each primary building entry to identify occupants in a multistory building. The sign may not exceed five square feet in area.

f.

A-Frame Signs. One freestanding A-frame sign not exceeding an area of four square feet and three feet in height per establishment.

3.

Sign Design. Design, color, materials, size, and placement are all important in creating signs that are architecturally attractive and integrated into the overall site design. Signs that are compatible with the surroundings and effectively communicate a message will promote a quality visual environment. The standards that follow address these issues and others; the standards are intended to help business owners provide quality signs that add to and support the character of Downtown Anderson.

a.

General Design Standards.

i.

Design signs in harmony with the style and character of the development and as an integral design component of the building architecture, building materials, landscaping, and overall site development.

ii.

Sign letters and materials should be professionally designed and fabricated.

iii.

Exposed conduit and tubing (raceway) is prohibited. All transformers and other equipment shall be concealed.

iv.

All signs shall be maintained in good repair, including the display surface, which shall be kept neatly painted or posted.

v.

The exposed back of all signs visible to the public shall be suitably finished and maintained.

vi.

The use of retractable awnings as a signage tool is acceptable.

b.

Placement.

i.

Signs should be generally free of obstructions when viewed from different angles. However, trees or other landscaping that grow to a point that it obstructs the view of a sign or makes it illegible shall not be grounds for removal or trimming of the plant(s).

ii.

Utilize a consistent proportion of signage to building scale, such as one-third text to two-thirds wall area or one-fourth text to three-fourths wall area. See Figure 17-15 (Text Scale).

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c.

Materials.

i.

Paper and cloth signs are appropriate for interior temporary use only and are not permitted on the exterior of a building.

ii.

The use of neon is permitted if it fits with the style of the architecture (e.g., art deco) and is not a nuisance (e.g., produces glare) to the surrounding properties.

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Sign Tips: Colors and Materials

—Use exterior materials, finishes, and colors in harmony with, or an upgrade to, those of the buildings or structures on site.

—The selected materials need to contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections.

—Contrast is an important influence on the legibility of signs. Light letters on a dark background or dark letters on a light background are most legible.

—Limit the total number of colors used in any one sign. Small accents of several colors may make a sign unique and attractive, but the competition between large areas of many different colors decreases readability.

d.

Sign Legibility.

i.

Avoid spacing letters and words too close together. Crowding of letters, words, or lines will make any sign more difficult to read. Conversely, over-spacing these elements causes the viewer to read each item individually, again obscuring the message. As a general rule, letters should not occupy more than 75 percent of the sign panel area.

Sign Tips: Legibility

—Use a brief message whenever possible. Fewer words help produce a more effective sign. A sign with a brief, succinct message is easier to read and looks more attractive.

—Limit the number of lettering styles in order to increase legibility. A general rule to follow is to limit the number of different letter types to no more than two for small signs and three for large signs.

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—Use symbols and logos in the place of words whenever appropriate.

Pictographic images will usually register more quickly in the viewer's mind than a written message.

—Avoid hard-to-read, overly intricate typefaces and symbols. Typefaces and symbols that are hard to read reduce the sign's ability to communicate.

e.

Sign Illumination.

i.

The light from an illuminated sign shall not be of an intensity or brightness that will create glare or other negative impact on residential properties in direct line of sight to the sign.

ii.

Whenever indirect lighting fixtures are used (fluorescent or incandescent), care shall be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way.

iii.

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Reserved.

iv.

Reserved.

v.

Internally illuminated plastic box "canned" signs are prohibited. Individually illuminated channel letters are acceptable.

vi.

Signs shall not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color.

vii.

Light sources shall utilize energy-efficient fixtures to the greatest extent possible and shall comply with Title 24 of the California Code of Regulations (California Building Standards Code).

==> picture [147 x 139] intentionally omitted <==

Sign Tips: Illumination

—If the sign can be illuminated by an indirect source of light, this is usually the best arrangement because the sign will appear to be better integrated with the building's architecture. Light fixtures attached to the front of the structure cast light on the sign and the face of the structure as well.

—Individually illuminated letters should be backfill. Signs composed of individual letters mounted directly on a structure can often use a distinctive element of the structure's facade as a backdrop, thereby providing a better integration of the sign with the structure.

K.

Landscaping. Landscaping in Downtown Anderson should be pedestrian-oriented and reflect and enhance the area's small town charm. These provisions emphasize the use of potted plants, trees, and landscaping along urban streetscapes and within urban parking lots. Landscaping shall be provided on-site consistent with the standards set forth below.

1.

Landscaping Standards.

a.

Street Trees. Street trees shall be provided every thirty feet on center within the required landscape area. Tree selection shall be from the city's adopted street tree list and to the satisfaction of the planning director.

b.

Standard Design Concepts.

i.

Use landscaping to complement the architecture, to minimize the impact of incompatible land uses, and to establish a transition between adjacent developments. Plant materials can absorb sound, filter air, curtail erosion, provide shade, and maintain privacy.

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ii.

Provide landscaping to break up blank walls, shade pedestrians, accent entries, and soften the connection of paving for vehicles to buildings.

iii.

Landscaping strips (or bulb-outs) on public streets should be wide enough for canopy shade that is consistent with the street width. See standards for landscape area width in Section 17.040.

iv.

The use of alternative types of landscaping strip ground cover is strongly encouraged. Standard grass strip is discouraged.

v.

Parking facilities shall attain a minimum of fifty percent tree canopy coverage within ten years of completion of construction to provide shade and minimize visual and environmental impacts.

vi.

In surface parking lots, trees should be installed at a ratio of one tree per three parking stalls for the perimeter of the parking lot and one tree per six spaces for the interior of the parking lot.

vii.

Consider placement of trees and shrubs to avoid conflict with vehicular overhangs, traffic and visibility patterns, and on-site structures.

viii.

Owners of vacant lots without any structures shall seed the lot(s) on a regular basis and mow a minimum of once a season to eliminate fire danger or as necessary to present a clean and tidy appearance.

ix.

Owners of vacant lots that contain structures shall maintain the existing landscaping on a regular basis so that the lot(s) should not give an overgrown appearance.

x.

Landscape should be oriented in accord with the demands of the species for sunlight and its susceptibility to the prevailing wind.

c.

Irrigation. Irrigation of landscaping shall only be directed onto the landscaping. Spillover onto hardscape shall be minimized to the maximum extent feasible.

d.

Tree Grates/Guards.

i.

Tree grates should be utilized at passages to provide a continuous walking surface while providing adequate space for the tree to grow.

ii.

Install structural soil systems to direct new root growth downward below hardscape areas, which helps to postpone root damage caused to the surrounding hardscape and structures. By providing deep watering and air to root systems as appropriate when trees are planted within five feet of any permanent structure/paving/curb, additional service life may be achieved. Structural soil systems are preferred over root barriers as they are often more effective.

iii.

A minimum of six feet of structural soil shall be provided for trees. The area of enhanced root zone environment shall be enlarged beyond this minimum according to the species size planted. The structural soil can be provided under tree grates and pavement.

iv.

Trees and landscaping installed in parking lots should be protected from vehicle damage by a minimum sixinch-tall concrete curb surrounding the planter area. Planter barriers to protect landscaping should also be designed with intermittent curb cuts to allow parking lot runoff to drain into landscape areas.

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e.

Pots and Planters.

i.

Boxed and container plants in decorative planters of ceramic, terra cotta, wood, metal, or stucco should be used to enhance public areas.

ii.

Large planters may also be incorporated into seating areas. Such planters should be open to the earth below and be provided with a permanent irrigation system.

iii.

Hanging flower baskets enhance the beauty of the Downtown. Lamp posts should include supports and irrigation systems for hanging flower baskets. Flower baskets may also hang from buildings, such as on arcades, galleries, porches, and other frontage types, provided that supports are architecturally consistent with the building and irrigation systems are included.

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f.

Water Quality and Urban Runoff. Because of the proximity of the downtown to natural riparian areas and the potential impact of urban activities on the natural environment, water quality and urban runoff in the downtown is of particular concern. The use of bioswales and landscaped water quality basins represents the preferred approach to urban runoff and stormwater quality control throughout downtown, particularly in the MU-R zone. Such features add aesthetic character, utilize natural materials, and serve as a functional element that allows for stormwater management.

i.

Bioswales and similar natural landscaped runoff control facilities shall be used to enhance appearance of stormwater management methods and allow for groundwater recharge.

ii.

Bioswales shall be used to collect surface runoff before it crosses pavement areas and to reduce ponding and damage to walkways. Bioswales shall be graded to direct water away from paved areas into detention basins.

iii.

Bioswales shall utilize a slope that is steep enough to prevent ponding and shallow enough to slow water velocity. Soils must not readily drain water; the goal is to get cleaner water to flow downstream. Recommended slopes of one to four percent should be used. Flow should be sufficiently low enough to provide adequate residence time within the channel. Flow depth should not be taller than the vegetation (a

maximum depth of four inches is recommended). Final design of bioswales shall be subject to approval of the City Engineer.

(Ord. 757, § 2(Exh. A), 2009)

The purpose of the following special use regulations is to address concerns and provide standards for the following types of development and issues specific to Downtown Anderson. These standards should ensure consistency with the vision and goals defined in this Zoning Code and the General Plan by providing guidance to planners, developers, and residents on these unique topics.

A.

Live/Work. Live/work units are built spaces that function predominantly as work spaces and secondarily as residences.

Live/work units are permitted in buildings through a conditional use permit which demonstrates compliance with the following standards:

1.

The unit must contain a cooking space and bathroom in conformance with applicable building standards.

2.

Adequate and clearly defined working space must constitute no less than fifty percent of the gross floor area of the live/work unit. Said working space shall be reserved for and regularly used by one or more persons residing there.

3.

At least one residence in each live/work unit shall maintain at all times a valid city business license for a business on the premises.

4.

Persons who do not reside in the live/work unit may be employed in a live/work unit when the required parking is provided.

5.

Customer and client visits are allowed when the required parking is provided.

6.

No portion of a live/work unit may be separately rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

B.

Newspaper Racks. For the purpose of this section, "newspaper rack" is defined as any type of unattended device placed upon or abutting any public right-of-way for the vending, display, or free distribution of newspapers, news periodicals, or other written materials.

1.

Permission to install a newspaper rack requires an encroachment permit from the City of Anderson.

2.

No person shall place, erect, install, service, stock, or maintain any newspaper rack or courtesy bench which obstructs or intrudes upon, in whole or in part, any public right-of-way. A minimum of four feet of clear walkway must be maintained.

3.

Newspaper racks shall not be located directly in front of a building entrance.

4.

Newspaper racks may not be anchored to a light pole, street sign, or other similar street element.

5.

Any vendor choosing to distribute free publications in Downtown Anderson shall obtain prior approval from the City prior to installation.

C.

Public Art. For the purpose of this section, "public art" in Downtown Anderson is defined as permanent or temporary works of art in the public realm, whether part of a building or freestanding. Public art shall not include any form of commercial advertising.

1.

Public art shall be incorporated into public plazas, parks, and municipal buildings. Additionally, the incorporation of public art into private development projects is strongly encouraged.

2.

Possible types of public art include but are not limited to the following options:

a.

Building features and enhancements such as bike racks, gates, benches, water features, or shade screens, which are unique and/or produced in limited editions by a professional artist.

b.

Landscape art enhancements such as walkways, bridges, or art features within a garden.

c.

Murals or mosaics covering walls, floors, and walkways. Murals may be painted or constructed with a variety of materials, including the use of imbedded and nontraditional materials.

d.

Sculptures, which can be freestanding, wall-supported or suspended, kinetic, electronic, and made of endurable materials suitable for the site.

e.

Fiberwork, neon, or glass artworks, photographs, prints, and any combination of media including sound, film, and video systems, or other interdisciplinary artwork applicable to the site.

f.

Community arts projects resulting in tangible artwork, such as community murals, sculptures, or kiosks.

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D.

Storefront Vacancy. For the purpose of this Section, a "storefront vacancy" in Downtown Anderson is defined as a vacant commercial ground floor (street-level) space in any otherwise occupied or unoccupied building.

1.

Vacant storefronts shall be properly locked and secured to prevent unauthorized trespassing during the period of vacancy.

The exterior facade of vacant storefronts shall be maintained by the property owner at the same level of quality as surrounding occupied storefronts and buildings.

3.

Property owners of vacant storefronts shall use creative temporary alternative uses of storefront window areas such as using them as a display area for community information, public art by local artists, and merchandise from other stores.

4.

Property owners of vacant storefronts shall consult with the city's economic development staff regarding possible available tenants.

5.

Vacant storefronts shall not be boarded up or otherwise appear derelict or abandoned.

6.

An adequate level of exterior security lighting shall be regularly maintained regardless of storefront occupancy status.

(Ord. 757, § 2(Exh. A), 2009)

17.15.080 - Low barrier navigation center.

A.

Purpose and Intent. The purpose of this section is to allow operation of low barrier navigation centers to help people in need of housing that are temporarily homeless and to implement the provisions of Government Code Section 65660 relating to low barrier navigation centers.

B.

Definitions. For purposes of this section, the following definitions shall apply, as defined by Government Code Section 65660.

1.

Coordinated Entry System. A centralized or coordinated assessment system developed pursuant to the applicable provisions of the Code of Federal Regulations as specified in Government Code Section 65662, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

2.

Low Barrier. Best practices to reduce barriers to entry, and may include, but is not limited to, the following:

a.

The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

b.

Pets.

c.

The storage of possessions.

d.

Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

C.

Requirements. A low barrier navigation center shall meet the following requirements:

1.

It offers services to connect people to permanent housing through a services plan that identifies services staffing.

2.

It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing.

3.

It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

4.

It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

D.

Application Procedure and Review.

1.

Within thirty days of receipt of an application for a low barrier navigation center development, the local jurisdiction shall notify a developer whether the developer's application is complete pursuant to Section 65943 [of the California Government Code].

The city shall act within sixty days of receipt of a completed application.

(Ord. No. 870, § 1, 2-17-2026)

Chapter 17.16 - AGRICULTURE (AG)[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Exh. B, of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.16 in its entirety to read as herein set out. Former Ch. 17.16 pertained to the same subject matter and derived from Ord. 515, 1987; and Ord. 722, 2003.

The regulations of this chapter shall apply in all agriculture districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.020 - Uses permitted.

A.

Single-family dwellings, including private garages, accessory buildings and uses normally incidental to single-family residence;

B.

Agricultural uses and accessory buildings, except as listed in Section 17.16.030;

C.

Sale of products grown on the premises including a roadside stand of not more than two hundred fifty square feet in gross floor area;

D.

Wholesale nurseries or greenhouses of not more than one thousand square feet gross floor area;

E.

Home occupation as provided in Chapter 17.60;

F.

Second units meeting the requirements of Chapter 17.60 of this title;

G.

Farmworker/employee housing of up to twelve units or thirty-six beds, as defined by Health and Safety Code Section 17021.6.

H.

Supportive and transitional housing as defined by Government Code Sections 65650—65656.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 868, § 3, 2-17-2026)

17.16.030 - Uses permitted subject to a use permit.

The following uses are permitted subject to obtaining a use permit:

A.

Group foster home;

B.

Dog kennels;

C.

Fowl, frog or fur farms;

D.

Processing, packing, washing, sorting facility for agricultural products;

E.

Commercial cattle and hog feed lots; auction and sales yard;

F.

Riding stable or riding academy;

G.

Bed and breakfast guest facility;

H.

Roadside sales stands or buildings larger than those provided in Subsection C. of Section 17.16.020.

I.

Wholesale nurseries or greenhouses larger than those provided in Subsection D. of Section 17.16.020.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 868, § 3, 2-17-2026)

The building site area requirements in an agriculture area are as follows:

A.

Minimum lot widths for all lots, one hundred feet setback line.

B.

Minimum lot area, two acres of eighty-seven thousand one hundred twenty square feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.045 - Site area requirements for animals.

A.

A minimum lot area devoted to a residential use, ten thousand square feet.

B.

Exclusive of the area devoted to residential use the following area shall be required for each animal to be raised or kept on the building site:

1.

For each horse, mule, steer or similar sized animal, sixteen thousand square feet;

2.

For each goat, sheep, swine or similar sized animal, eight thousand square feet;

3.

For turkeys, chickens, geese, rabbits or similar sized animals, eight hundred square feet per animal.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.050 - Maximum building height.

A.

For Dwellings: The maximum height of building shall be thirty feet.

B.

For Accessory Buildings: The maximum height shall be twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

A.

Front Yards: The minimum requirement for front yards shall be fifty feet. Distances are to be measured from the front lot line.

B.

Side Yards: The minimum requirement for side yards shall be twenty feet. Minimum side yard requirements for accessory buildings shall be five feet.

C.

Rear Yards: The minimum requirement for rear yards for main buildings shall be thirty feet. The minimum requirement for accessory buildings shall be five feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.080 - Fences, shrubs and plantings.

Fences, shrubs and plantings shall be in accordance with the provisions of Section 17.02.130 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.090 - Accessory buildings.

The requirements for accessory buildings in an agricultural district are as provided in Section 17.02.110 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

17.16.100 - Home occupation permits.

The requirements for any business conducted within a residence in an agriculture district are as provided in Chapter 17.60 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.18 - GENERAL COMMERCIAL DISTRICT (C-1)[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.18 in its entirety to read as herein set out. Former Ch. 17.18 pertained to the same subject matter, and derived from Ord. 515, 1987; Ord. 593, 1992; and Ord. 600, 1992.

The regulations in this chapter shall apply in all C-1 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 867, § 1, 2-17-2026)

17.18.020 - Uses permitted.

A.

The following uses and similar uses of a retail business or service nature are permitted in C-1 districts; provided that all goods are displayed and sold and all services are performed within a completely enclosed building, except as otherwise permitted by the provisions of this section:

Art studio, antique or gift shop;

Automobile parking lot;

Automobile parts supply store (not including installation, machine shop, repair or a warehouse);

Bakery shop (retail only);

Bank or savings and loan or finance offices;

Barber or beauty salon;

Book store;

Bookkeeping service;

Butcher; cold storage;

Camera shop;

Candy store;

Caterers;

Cleaning agency or laundry;

Clinics;

Clothing or apparel store;

Commercial school or hall;

Curio or novelty shop;

Department store;

Drug store or pharmacy;

Financial services;

Florist;

Furniture or interior decorating store;

Garden supply store; Grocery store; Hardware or appliance store; Health club, gym, fitness center; Hotels, motels;

Household goods; Jewelry and services; Key shop, locksmith; Leather goods shop;

Liquor store (provided no consumption on the premises); Offices of a professional nature; Office supply or stationery store;

Paint store;

Pet shop, pet grooming;

Photography store, or studio;

Restaurant, cafe or coffee shop (indoor or outdoor);

Self-service laundry, or dry cleaners;

Shoe repair shop;

Sporting goods store;

Tailor shop;

Toy store;

Utility administrative offices.

B.

Uses, buildings and structures accessory to any of the above;

C.

Residential development shall be permitted by-right when twenty percent or more of the proposed units are restricted as affordable to lower-income households, in accordance with Government Code Section 65583.2(c). Parcels subject to the "by-right" development standard will be listed in the Vacant Land Inventory of the current Housing Element under the C-1 zone designation.

D.

Other uses which in the opinion of the planning commission are of a similar nature;

E.

Temporary sales of Christmas trees from November 15 through January 2 are allowed in parking lots provided that traffic is not impeded.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 858, § 1, 2-20-2024; Ord. No. 867, § 1, 2-17-2026)

17.18.030 - Uses permitted subject to a use permit.

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:

A.

Uses permitted in any R district;

B.

Clubs, lodge halls, fraternal organizations, social halls, auditoriums, and private or public assembly halls;

C.

Flea markets, secondhand sales, outdoor markets or similar establishments;

D.

Animal hospital or veterinary clinic;

E.

Gasoline service station, auto repair shop, or machine shop; provided all operations are conducted within a building and do not involve dismantling of vehicles or outside storage of parts or vehicles except for occasional customer parking;

F.

Drive-in establishments whether in conjunction with a permitted use or otherwise;

G.

Bus terminals, car washes, bowling alleys, business colleges;

H.

New and used car dealerships or sales lots;

I.

Pawnshop;

J.

Theater;

K.

Shopping centers as defined in Section 17.04.710;

L.

Commercial developments of over twenty thousand square feet of gross floor area (except hotels and motels);

M.

Single-room occupancy units, subject to the following standards:

1.

No transient occupancy. Units must be occupied as the primary residence of the tenant;

2.

Maximum of thirty units per site;

3.

Minimum unit size of two hundred square feet for occupancy by one person and two hundred eighty square feet for occupancy by two persons. No more than two persons per unit;

4.

Approval of a management plan that outlines objectives, policies, and procedures;

5.

On-site management with a manager's office for nine or fewer units and/or a manager's unit for ten or more units; and

6.

Laundry, kitchen, and bathroom facilities must be provided on-site (may be individual or shared);

N.

Equipment sales and rentals.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 835, § 1, 12-1-2020; Ord. No. 858, § 1, 2-20-2024; Ord. No. 867, § 1, 2-17-2026)

For each main building there shall be a minimum area of two thousand square feet.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 867, § 1, 2-17-2026)

The maximum height of any building shall be fifty feet; provided that a greater height not exceed sixty-five feet may be allowed upon obtaining a use permit.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 867, § 1, 2-17-2026)

A.

Front yards: None, except:

1.

Where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district;

2.

Where the site occupies a corner lot, the front yard shall be ten feet or more.

B.

Side yard: None, except:

1.

Where the side of a lot abuts in an R district, in which case the side yard shall be ten feet or more;

2.

Where the site occupies a corner lot, the side yard shall be ten feet or more.

C.

Rear yard: none, except where the rear of a lot abuts an R district, in which case the rear yard shall be ten feet or more.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 867, § 1, 2-17-2026)

17.18.070 - Off-street parking.

Off-street parking shall be provided in an amount not less than set forth in the regulations of Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 867, § 1, 2-17-2026)

Chapter 17.20 - HIGHWAY COMMERCIAL DISTRICT (C-2)[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.20 in its entirety to read as herein set out. Former Ch. 17.20 pertained to the same subject matter, and derived from Ord. 515, 1987; Ord. 600, 1992; and Ord. 711, 2002.

The regulations in this chapter shall apply in all C-2 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.20.020 - Uses permitted.

A.

The following uses and similar uses offering service for tourists, highway travelers or visitors generally located near interchanges or through routes are permitted in C-2 districts in accordance with an approved development plan:

Automobile parking lot,

Automobile parts and supply store, not involving a machine shop or a warehouse,

Bank, savings and loan or similar financial facility,

Barber or beauty shops when in conjunction with or adjacent to a hotel or motel,

Cafe,

Coffee shop,

Curio or novelty shop,

Hotel or motel,

Offices of a professional nature (see definition),

Restaurant (indoor or outdoor),

Sales of new and used cars, boats, manufactured housing and recreational vehicles,

Self-service laundry,

Tea room,

Theater, (indoor only);

B.

Uses, buildings and structures accessory to any listed in subsection A of this section;

C.

Other uses which in the opinion of the planning commission are of a similar nature;

D.

Temporary sales of Christmas trees from November 15th through January 2nd are allowed in parking lots provided that traffic is not impeded.

(Ord. No. 771, Exh. B, 6-7-2011)

17.20.030 - Uses permitted subject to a use permit.

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.46 are as follows:

A.

Bus terminal;

B.

Campground;

C.

Pump station for recreational vehicles or travel trailers;

D.

Outdoor market;

E.

Recreation park;

F.

Recreational vehicle park;

G.

Resort facility;

H.

Secondhand sales establishment;

I.

Theater (outdoor);

J.

Shopping centers as defined in Section 17.04.110;

K.

Commercial development of over twenty thousand square feet of gross floor area (except hotels and motels);

L.

Carwarsh;

M.

Drive-in establishments, except those serving or selling alcoholic beverages;

N.

Gasoline service stations.

(Ord. No. 771, Exh. B, 6-7-2011)

For each main building there shall be a minimum area of two thousand square feet.

(Ord. No. 771, Exh. B, 6-7-2011)

The maximum height of any building shall be fifty feet; provided that a greater height not to exceed sixtyfive feet may be allowed upon obtaining a use permit.

(Ord. No. 771, Exh. B, 6-7-2011)

• 17.20.060 - Yards required.

A.

Front yard: None, except:

1.

Where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district;

2.

Where the site occupies a corner lot, the front yard shall be least ten feet.

B.

Side yard: None, except:

1.

Where the side of a lot abuts in an R district, in which case the side yard shall be at least ten feet;

2.

Where the site occupies a corner lot, the side yard shall be at least ten feet.

C.

Rear yard: none, except where the rear of a lot abuts an R district, in which case the rear yard shall be at least ten feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.20.070 - Off-street parking.

Off-street parking shall be provided in an amount not less than set forth in the regulations of Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.22 - HEAVY COMMERCIAL DISTRICT (C-3)[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.22 in its entirety to read as herein set out. Former Ch. 17.22 pertained to the same subject matter, and derived from Ord. 515, 1987; and Ord. 711, 2002.

The regulations of this chapter shall apply in all C-1 districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

The following uses and similar uses are permitted in C-3 districts; provided that all goods are displayed and sold and all services are performed within a completely enclosed building, except as otherwise permitted by the provisions of this section:

A.

All uses permitted in the C-1 district without a use permit;

B.

The following uses when conducted entirely within a building:

Auto repair, including paint, body, brake, muffler and transmission repair;

Bowling alley;

Cabinet shop;

Dry cleaning;

Electronic equipment sales and service;

Electronic assembly plant (not to include manufacturing);

Frozen food locker;

Glass sales and service;

Gunsmith;

Medical, dental and optical laboratories;

Printing shop;

Publishing;

Sales of new and used cars, motorcycles, boats, manufactured housing and recreational vehicles, and service;

Secondhand sales, pawnshop;

Skating rink;

Storage, mini warehouses;

Tire recapping, retreading, sales and service;

Upholstery shop;

Veterinarians;

Welding shop;

Wholesale stores;

C.

Gasoline service stations; provided that all operations except the servicing of gasoline, oil, air and water are carried on within a building;

D.

Uses, buildings and structures accessory to any of the above;

E.

Emergency shelters subject to the following standards:

1.

Maximum of twenty-four occupants per site per night;

2.

At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;

3.

Maximum length of stay: One hundred eighty days in any twelve-month period;

4.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and

5.

Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way;

F.

Other uses which in the opinion of the planning commission are of a similar nature.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 858, § 1, 2-20-2024)

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:

A.

Bottling and distributing plant;

B.

Building materials yard;

C.

Car wash;

D.

Feed store;

E.

Lumber yard;

F.

Nursery for plants and landscaping materials;

G.

Machine, manufacture shop;

H.

Outdoor sales and storage;

I.

Planing mills;

J.

Rental agency;

K.

Research laboratories;

L.

Equipment sales and rentals.

The planning commission may require a fence of a type and design to be approved by them for all uses listed in this section.

Other uses which in the opinion of the planning commission are of a similar nature. The planning commission may require a screen or wall of a type and design to be approved by them for any use listed in this section.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 835, § 2, 12-1-2020; Ord. No. 858, § 1, 2-20-2024)

For each main building there shall be a minimum area of two thousand square feet.

(Ord. No. 771, Exh. B, 6-7-2011)

The maximum height of any building shall be fifty feet; provided that a greater height not to exceed sixtyfive feet may be allowed upon obtaining a use permit.

(Ord. No. 771, Exh. B, 6-7-2011)

A.

Front yards: None, except:

1.

Where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district;

2.

Where the site occupies a corner lot, the front yard shall be ten feet or more.

B.

Side yard: None, except:

1.

Where the side of a lot abuts in an R district, in which case the side yard shall be ten feet or more;

2.

Where the site occupies a corner lot, the side yard shall be ten feet or more.

C.

Rear yard: none, except where the rear of a lot abuts an R district or any alley, in which case the rear yard shall be ten feet or more.

(Ord. No. 771, Exh. B, 6-7-2011)

17.22.070 - Off-street parking.

Off-street parking shall be provided in an amount not less than set forth in the regulations of Chapter 17.46.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.24 - LIGHT INDUSTRIAL (M-1)[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Exh. B of Ord. No. 771, adopted June 7, 2011, amended Ch. 17.24 in its entirety to read as herein set out. Former Ch. 17.24 pertained to the same subject matter, and derived from Ord. 515, 1987.

The regulations of this chapter shall apply in all light industrial districts and shall be subject to the provisions of Chapter 17.02.

(Ord. No. 771, Exh. B, 6-7-2011)

17.24.020 - Uses permitted.

The following uses are permitted when conducted within an enclosed building:

A.

Wholesale and retail sales and service uses, including:

1.

Building materials, electrical materials and plumbing material sales;

2.

Farm or ranch feed and related supplies sales;

3.

Janitorial or restaurant supplies sales;

4.

Contractors yard, air conditioning supply and servicing yards and flea markets;

5.

Nursery for plants and landscape material;

Auto, boat, motorcycle, trailers, mobile homes, agricultural equipment, construction equipment and truck parts, supplies, sales and services;

a.

Body repair and painting;

b.

Tire recapping, retreading or rebuilding;

7.

Household appliance or furniture wholesale and repair or service including electronic repair or furniture upholstery shops;

8.

Auction house;

9.

Building maintenance services, such as pest extermination, janitorial grounds maintenance;

10.

Communication services, such as printing, engraving, lithographing or publishing, telephone and radio telephone businesses, radio or television stations, not including towers;

11.

Equipment sales, rental and services;

12.

Veterinarian clinic, provided that any kennels are located within a building and training;

13.

Trade school;

14.

Metal fabrication, such as sheet metal and wrought iron fabrication, welding shops, machine shops, cabinet or furniture making;

15.

Warehouse, mini-warehouses or other storage buildings or wholesale distribution facilities, except those storing flammable or explosive material;

Commercial and light industrial condominiums;

17.

Food storage lockers, wholesale meat cutting and packing; provided there shall be no slaughtering, fat rendering or smoke curing and ice-making facilities;

18.

Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, including blueprinting, photocopying;

19.

Business support services, such as stenography businesses.

B.

Manufacturing activities including:

1.

Combining, assembly and/or packaging of products;

2.

Industrial uses engaged in manufacturing, packaging, storage, and distribution of products, including warehousing, wholesaling, shipping and receiving, scientific research development and training, kennel and animal hospitals, vehicle storage, and vehicle transportation service establishments;

3.

Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors;

4.

Offices that are accessory to any permitted use;

5.

Outdoor storage or sales in conjunction with a permitted use, provided:

a.

Storage is located on the rear portion of the lot;

b.

Storage is completely enclosed by a solid wall or fence (with necessary solid gates) not less than six feet in height, unless the storage area abuts an R district, in which case the screening shall meet the criteria established by design review committee;

c.

Night watchman's quarters, security office.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 835, § 3, 12-1-2020; Ord. No. 858, § 1, 2-20-2024)

17.24.030 - Uses permitted with a use permit.

The following uses are permitted subject to obtaining a use permit as specified in Chapter 17.50:

1.

Businesses that provide support services to the primary uses or that primarily serve employees of the primary uses, including drive-thru coffee shop, or standard restaurant;

2.

Auto or truck service station or wash;

3.

Truck terminal, distribution center, truck yard, incidental repairs and services, including automotive painting;

4.

Petroleum bulk storage or distribution plant;

5.

Carpet or rug cleaning plants, commercial laundries such as those which provide a linen supply service, not including personal laundromats;

6.

Outdoor advertising signs and structures other than those appurtenant to a permitted use. Such signs and structures shall be at least one thousand feet apart when on the same side of a public road, and at least five hundred feet apart when on opposite sides of a public road;

7.

Caretakers residences, to provide supervision support services and the residence is to be occupied only by such person and his/her family;

8.

Emergency shelters subject to the following standards:

a.

Maximum of twenty-four occupants per site per night;

b.

At least one facility manager shall be on-site at all hours that the facility is open. Additional support staff shall be provided, as necessary, to ensure that at least one staff member is provided in all segregated sleeping areas, as appropriate;

c.

Maximum length of stay: One hundred eighty day in any twelve-month period;

d.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way; and

e.

Indoor client intake/waiting area of at least one hundred square feet if client intake is to occur on-site. If an exterior waiting area is provided, it shall be enclosed or screened and designed to prevent queuing in the public right-of-way.

(Ord. No. 771, Exh. B, 6-7-2011; Ord. No. 858, § 1, 2-20-2024)

17.24.040 - Building site area.

The minimum building site area shall be twenty thousand square feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.24.050 - Maximum building height.

Maximum height of any building shall be sixty-five feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.24.060 - Yards required.

A.

Front yards: None, except where the frontage in a block is partially in an R district, in which case the front yard shall be the same as required in such R district.

B.

Side yards: None, except where the side of a lot abuts an R district, in which case the side yard shall be not less than ten feet.

C.

Rear yards: None, except where the rear of a lot abuts an R district, in which case the rear yard shall be not less than twenty feet.

(Ord. No. 771, Exh. B, 6-7-2011)

17.24.070 - Off-street parking.

Off-street parking shall be provided in amount not less than that set forth in Chapter 17.46 of this title.

(Ord. No. 771, Exh. B, 6-7-2011)

Five percent of the gross parking area shall be landscaped to the approval of the design review committee.

(Ord. No. 771, Exh. B, 6-7-2011)

17.24.090 - Design review required.

Any building or structure, together with landscaping and related development in the M-1 district must be approved by the design review committee prior to obtaining building permits for such buildings or structures.

(Ord. No. 771, Exh. B, 6-7-2011)

Chapter 17.26 - HEAVY INDUSTRIAL (M-2)

The regulations of this chapter shall apply in all heavy industrial districts and shall be subject to the provisions of Chapter 17.02.

(Ord. 515 § 1 Exh. A (part), 1987)

17.26.020 - Uses permitted.

A.

Uses permitted without a use permit in M-1 districts.

B.

The following specific uses of land and buildings shall be permitted only in M-2 districts:

1.

Manufacturing lumberyards and lumber mills;

Pottery kilns and ceramics works of heavy industrial types;

3.

Chemical plants and paper manufacturing plants;

4.

Concrete batching plants;

5.

Blacksmith shops and casting foundries;

6.

Auto wrecking;

7.

Salvage, junk, impound yards;

8.

Truck terminal, distribution center.

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. No. 858, § 1, 2-20-2024)

17.26.030 - Uses permitted with a use permit.

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:

A.

Caretakers residences; provided that the legally established use requires the continuous supervision of a caretaker, superintendent or security person and the residence is to be occupied only by such person and his/her family;

B.

Electric generating plant/facility;

C.

Industrial or manufacturing uses which, in the opinion of the planning commission, may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or the storage or handling of explosive or dangerous materials;

D.

Drilling for oil, gas or other hydrocarbon substances;

E.

The processing of sand, gravel or other mined or extracted materials;

F.

Metallurgy or processing or refining of ore or minerals;

G.

Any use, land and buildings not otherwise specifically set forth in Chapter[s] 17.08 through 17.58.

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. No. 858, § 1, 2-20-2024)

The minimum building site area shall be twenty thousand square feet.

(Ord. 515 § 1 Exh. A (part), 1987)

The maximum height of any building shall be sixty-five feet.

(Ord. 515 § 1 Exh. A (part), 1987)

17.26.060 - Yards required.

A.

There are no front, side and rear yard requirements unless the rear abuts an R district, in which case the yard requirements shall be not less than those of the adjoining R district.

(Ord. 515 § 1 Exh. A (part), 1987)

Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 17.46 of this title.

(Ord. 515 § 1 Exh. A (part), 1987)

Five percent of the gross parking area shall be landscaped to the approval of the design review committee.

(Ord. 515 § 1 Exh. A (part), 1987)

Any building or structure together with landscaping and related development in the M-2 district must be approved by the design review committee prior to obtaining building permits for such buildings or structures.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.28 - PUBLIC/SEMIPUBLIC (P-SP)

The regulations of this chapter shall apply in all public/semipublic districts and shall be subject to the provisions of Chapter 17.02.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.020 - Uses permitted.

A.

Schools and colleges;

B.

Park and recreation facilities;

C.

Churches;

D.

Public parking lots;

E.

Museums;

F.

Public reservoirs;

G.

Historical sites or buildings.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.030 - Uses permitted with a use permit.

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:

A.

Cemeteries;

B.

Hospital or clinic for the care or treatment of mental patients;

C.

Public corporation or equipment storage yards;

D.

Solid waste disposal site;

E.

Wastewater treatment facilities;

F.

Civic auditoriums and theaters;

G.

Fairgrounds;

H.

Residential retirement centers;

I.

Correctional institutions.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.040 - Building site area.

The building site area requirements are as follows:

A.

Minimum lot area shall be six thousand five hundred square feet for all lots except corner lots;

B.

Minimum lot width for all lots except corner lots shall be sixty-five feet at the setback;

C.

Minimum corner lot area, seven thousand five hundred square feet;

D.

Minimum corner lot width, seventy-five feet at the setback line.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.050 - Building height.

The building height requirements are as follows:

A.

For main buildings the maximum height shall be sixty-five feet;

B.

For accessory buildings, the maximum height shall be twenty-five feet.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.060 - Yard requirements.

A.

Front yards: None, except where the frontage in a block is partially in a R district, in which case the front yard shall be the same as required in such R district.

B.

Side yards: None, except where the side of a lot abuts an R district, in which case the side yard shall be not less than ten feet.

C.

Rear yards: None, except where the rear of a lot abuts an R district, in which case the rear yard shall be not less than ten feet.

(Ord. 515 § 1 Exh. A (part), 1987)

17.28.070 - Off-street parking.

Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 17.46.

(Ord. 515 § 1 Exh. A (part), 1987)

Screen plantings, tree plantings and fence construction must be shown on the site plan and must meet the approval of the planning commission.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.30 - NATURAL RESOURCE DISTRICT (NR)

The regulations of this chapter shall apply in all natural resource districts and shall be subject to the provisions of Chapter 17.02.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.020 - Uses permitted.

A.

Habitat improvement, flood control or open space uses as approved by the Department of Fish and Game;

B.

Low intensity recreational uses which require only minor improvements, such as a hunting or fishing club;

C.

Agricultural uses and their accessory buildings when conducted with trees and major vegetation kept in a natural state, such as grazing;

D.

Single-family dwellings, including private garages, accessory buildings and uses normally incidental to single-family residence;

E.

Home occupation as provided in Chapter 17.56;

F.

Farmworker/employee housing of up to twelve units or thirty-six beds, as defined by Health and Safety Code Section 17021.6.

G.

Supportive and transitional housing as defined by Government Code Sections 65650—65656.

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. No. 868, § 4, 2-17-2026)

Uses permitted subject to first obtaining a use permit as specified in Chapter 17.50 are as follows:

A.

Group foster home;

B.

Dog kennels;

C.

Fowl, frog or fur farms;

D.

Processing, packing, washing, sorting facility for agricultural products;

E.

Riding stable or riding academy;

F.

Wholesale nurseries or greenhouse of notmore than one thousand square feet of gross floor area;

G.

Roadside stand of not more than two hundred fifty square feet in gross floor area for the sale of products grown on the premises;

H.

Agricultural uses beyond those listed in Section 17.30.020 above.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.040 - Building site area.

The minimum building site area requirements shall be forty acres.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.050 - Maximum building height.

A.

For dwellings: The maximum height of building shall be thirty feet.

B.

For accessory buildings: The maximum height shall be twenty feet.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.060 - Yard requirements.

All buildings and structures shall be located thirty feet or more from any front, side, or rear lot line.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.070 - Off-street parking.

Minimum off-street parking requirements shall be in accordance with Chapter 17.46.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.080 - Fences, shrubs and plantings.

Fences, shrubs and planting shall be in accordance with the provisions of Section 17.02.110 of this title.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.090 - Accessory buildings.

The requirements for accessory buildings in this district are as provided in Section 17.02.110 of this title.

(Ord. 515 § 1 Exh. A (part), 1987)

17.30.100 - Home occupation permits.

The requirements for any business conducted within a residence in this district are as provided in Chapter 17.60 of this title.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.32 - P-D PLANNED DEVELOPMENT COMBINING DISTRICT

17.32.010 - Regulations generally.

The provisions of Chapter 17.02 of this code are made applicable to all P-D districts, subject to the specific provisions of the following sections under this chapter.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.020 - Purpose.

P-D districts may be established to promote and encourage cluster development, flexibility of land development, the establishment of open areas, and to meet those changes in technology and demand, consistent with the best interests of the city. The P-D combining district is designed to produce a comprehensive development equal to or better than that resulting from traditional lot-by-lot land use development.

(Ord. 515 § 1 Exh. A (part), 1987)

The P-D district may be combined with any zoning district. This district is a combining district with respect to the uses allowed, and permits those uses allowed by the districts with which it is combined. It shall overlay the districts with which it is combined. All P-D districts need not allow the same uses. For the purposes of identification, all P-D districts established shall be suffixed by the zoning notation of the district(s) with which it is combined, i.e. P-D/R-1, P-D/R-3, etc., and such notation shall be utilized on the zoning application, agenda, notices, ordinance and zoning map.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Proposed Development Plan. Prior to filing an application for rezoning to a P-D district, as provided in subdivision B of this section, the applicant shall present to the planning commission for staff and commission review, a proposed development plan. This plan, among other things, shall include maps, designs and such other materials necessary to show:

1.

Legal boundary of the project;

2.

Plot plan of land and area to be developed, indicating the location of adjacent streets and all private rightsof-way existing and proposed;

3.

General topography of the land with all drainage features and location of all proposed structures, together with the usage to be contained therein and approximate location of all entrances thereto, and the height and gross floor area thereof;

4.

Vehicular and pedestrian circulation within the site, and adjacent streets and alleys;

5.

The extent, location, general arrangement, and proposed improvements of all off-street parking and loading facilities;

6.

The extent, location and general arrangement of all buildings, open space and landscaping;

7.

Architectural drawings to demonstrate the concept and character of the proposed development;

The number of units proposed;

9.

Existing and proposed land uses and zoning;

10.

Such additional information as may be required by the planning commission or staff.

B.

Final Development Plan. Within one year after review of the proposed development plan, the applicant shall prepare and submit to the planning commission, a final development plan which must be prepared by an architect, landscape architect, or engineer registered and licensed with the state of California along with an application for rezoning. The final development plan shall include:

1.

Site plan showing the location of all proposed buildings, structures and other general site improvements;

2.

A boundary map with gross area indicated;

3.

Topographical map with average slope indicated;

4.

Plan of approximate grading;

5.

Plan showing location, grades and widths of all streets, location and size of all utilities, drainage structures, parking areas, walkways, and other improvements;

6.

The location of all existing structures;

7.

Architectual elevations of all proposed building types;

8.

Relationship of proposed buildings and structures to the nearest off-site improvement;

9.

Preliminary landscape plans;

10.

Description of all open areas and statement indicating their intended disposition, i.e., how vested or to be vested, such as the homeowners' association, dedicated to city, or otherwise;

11.

Statement setting forth a program for the installation and maintenance of parking areas, lighting, landscaping, private grounds, streets, utilities and open areas;

12.

Indication of proposed property division, if applicable;

13.

Such additional information as may be required by the planning commission or the city council.

If an ordinance is adopted amending the zoning map to create a P-D district, after approval of the final development plan, that plan shall become a part of the ordinance rezoning the area involved to a P-D district.

(Ord. 515 § 1 Exh. A (part), 1987)

The planning commission shall, from time to time as the same are received, submit to the department of public works, copies of the original application, the proposed development plan, and the final development plan, for a review of the proposed improvements, including streets, sewers and drainage, all as mentioned in section 17.32.040. Within thirty days after receipt of the final development plan, the department of public works shall submit to the planning commission its report relative to compliance with all applicable regulations and standards governing construction or reconstruction of streets, sewers, drainage and other improvements in a P-D district of the city. The planning commission shall not act on a final development plan until it has received and considered a report of the department of public works.

(Ord. 515 § 1 Exh. A (part), 1987)

(Ord. No. 834, § 5, 11-17-2020)

Where the proposed planned development provides for development in two or more phases of units in sequence, the rezoning to a P-D district shall not occur unless and until the applicant has submitted and the commission has approved the final development plan required by Section 17.32.040 for the entire area proposed to be included in the P-D district. After approval of a final development plan and a rezoning has occurred, the commission may from time to time with respect to subsequent phases of development, approve minor modifications of the plan, so long as the minor modifications do not materially vary the original approved final development plan.

Each phase or unit of development as set out in the final development plan shall provide for open space and recreation facilities in proportion to the number of dwelling units equal to the dwelling open space ratio of the total development.

(Ord. 515 § 1 Exh. A (part), 1987)

Where a P-D zoning has occurred in accordance with a final development plan overlying one or more zones, the lands within the P-D area may be developed and/or used subject to the zoning regulations of either:

A.

Existing city zoning or district regulations in which the lands were situate at the time such land was included within a P-D district; or

B.

In accordance with the final development plan for the P-D district, provided that;

C.

Once a developer has commenced a development of an area included within a P-D zoned district under either subsection A or B of this section, all of the properties in the P-D district shall continue to be developed in conformity to the initial phase. The developer shall not be permitted to develop one phase in accordance with requirements of a preexisting zone and then develop the remaining phases in accordance with the requirements of a P-D zone.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.080 - Development standards.

A.

Uses permitted. The uses permitted in any P-D district shall be determined by and limited to those uses allowed with or without use permit approval in districts with which the P-D district is combined; provided where a P-D district combines more than one other already zoned district, the percentage of particular uses shall be directly proportional to that allowed in the districts so combined, but such permitted proportions may be allowed in any area encompassed within the P-D district. The number of dwellings per parcel and the number of dwellings per building may exceed the number allowed within R-1 and R-2 districts provided the total density of the project does not exceed the formula contained in subsection G of this section. Mobilehome subdivisions may be authorized within P-D districts.

B.

Parking—Required. Off-street parking shall be provided in an amount not less than that set forth in the regulations of Chapter 17.46, or equivalent.

C.

Building Height Limit. The height of buildings or structures shall be limited to the height requirements in each particular zone combined with the P-D districts.

D.

Minimum Open Space. In all residential developments, forty percent of the gross property area shall be reserved for and devoted to outdoor open space area. In the case of unit or phase development of a total area, the same open space requirements shall be applicable to each phase. Of this required open space area, twenty-five percent may be restricted to private use by individual owners or users of the planned development; however, seventy-five percent of said forty percent shall be common or a shared outdoor open area. Open space shall not be construed to include streets (public or private) parking areas, or area covered by structures of any kind. The planning commission may grant a modification where, after considering the general purposes of a planned development, including the open space requirements, a practicable result will obtain.

E.

Underground utilities. In any development which is primarily designed for or occupied by dwellings, all electric and telephone facilities, fire alarm conduits, streetlight wiring, and other wiring conduits and similar facilities shall be placed underground by the developer unless waived by the planning commission.

F.

Unit Size and Setbacks. A residential planned development may not be established on parcels of land comprised of not less than three acres of contiguous land, unless the planning commission, in its discretion, or the city council upon appeal, finds that the property of less than three acres is suitable, by virtue of its unique character. When a P-D district abuts a residential zone, the setback requirements of the adjacent residential zone shall apply to that portion of the P-D district along the common boundary.

G.

Residential Densities. The residential density allowed in a P-D district shall be limited by the regulations applicable to each particular zone combined with the P-D district, except as to more restrictive regulations which may be prescribed by the planning commission at the time of approval of the proposed development plan in calculating the density of a proposed P-D district. The gross area, including street dedications, shall be included and computed according to the following formula:

Maximum Density:

PD R-1 = 4.6 units per acre

PD R-2 = 12 units per acre

PD R-3 = 20 units per acre

H.

Lot Area—Frontage and Setback Requirements. The minimum lot size, lot frontage and setback requirements applicable to any zone combined with a P-D zone, either by the provisions of this title or Title

16 of this code, shall be maintained throughout the P-D zone, provided that the planning commission may grant a modification where, after considering the general purposes of a planned development, including the open space requirements, a practicable result will obtain.

I.

Improvement Standards. The developer shall construct or install all improvements required by the planning commission as shown on the final development plan. Such required improvements shall be constructed or installed in accordance with the improvement standards set forth in the "design criteria and improvement standards" approved by resolution of the city council and shall be secured in the same manner as provided for subdivision improvement security set forth in the subdivision regulations of the city.

(Ord. 515 § 1 Exh. A (part), 1987)

At the time of submitting a proposed development plan, the applicant shall pay a fee in the amount established by resolution of the city council and on file with the planning commission, as an application processing fee. Neither the commission nor any member of its staff shall undertake a review of the proposed development plan until this fee has been paid. Such fee shall be in addition to any other fees required by this title and specifically, but not limited to, the fee for rezoning to a P-D district.

(Ord. 515 § 1 Exh. A (part), 1987)

17.32.100 - Legal requirements—Common areas.

With respect to the common areas as set out in the final development plan, there shall be provided, either in the body of the application or plan, or appended thereto as exhibits, a subdivision plat showing the dedicated areas, covenants and other deed restrictions, plan of maintenance, and lot assessment procedures, which, among other things, shall include the following:

A.

The form of document or covenant that will legally create an automatic membership nonprofit homeowners' association;

B.

The extent and type of title of homeowners in the common property area, or give definite assurance that it automatically will be so placed within a reasonable period of time;

C.

Limitations on use of common property;

D.

The extent and right of each lot owner to the use and enjoyment of the common property;

E.

Responsibility for the operation and maintenance of the common property;

F.

The amount of charge or assessment on each lot for the maintenance of common property, which will:

1.

Assure sufficient funds to maintain the common property and provide that such assessment shall be a lien on the property;

2.

Provide adequate safeguards for the lot owners against undesirably high charges;

G.

All documents required by this section shall be in a form that may be enforced by the city and in a form that shall be first approved by the city attorney.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.33 - VINEYARDS AT ANDERSON PLANNED DEVELOPMENT (PD)

17.33.010 - Applicability.

• The regulations in this chapter shall only apply to land zoned PD, planned development, in the Vineyards at Anderson specific plan area (Vineyards SP) and enable implementation of the land use, open space, recreation, infrastructure and financing elements of the Vineyards SP.

• The planned development district is required to be consistent with the SPA, "special planning area," land use designation of the Anderson General Plan.

• The provisions of the Vineyards at Anderson specific plan are applicable to all development subject to this chapter.

• All proposed structures shall comply with the standards of this chapter as determined applicable by the planning director.

• If there is any conflict between the Vineyards SP and this chapter, the provisions of this chapter shall apply.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.020 - Purpose of PD ordinance.

A.

Purpose.

The provisions of this chapter are intended to ensure that new development promotes city general plan goals and objectives, that the new development is consistent with the Vineyards at Anderson specific plan and PD zoning, and that it is compatible with neighboring land uses.

2.

The PD ordinance includes flexible development guidelines and uses a comprehensive development approach; thus avoiding piecemeal development and incompatible land use patterns.

3.

The target average plan density is 2.5 dwelling units per acre, with a minimum of 2.2 dwelling units per acre, to ensure that trip reduction, infrastructure financing, open space conservation, and affordable housing goals can be achieved. Any proposed development plan shall comply with this requirement.

B.

Overall Objectives of Vineyards SP.

1.

To create a comprehensive pattern of development and land uses integrating transportation, water supply, sewerage, energy provision and other public facilities and utilities into project planning and implementation, and ensuring funding of infrastructure and amenities when needed.

2.

To ensure an attractive and active community environment which promotes a healthy economy, and provides high-quality mixed-use urban forms by encouraging jobs-housing-recreation balances, complementary and integrated land uses, compact urban forms, a pedestrian- and family-friendly environment, and attractive streetscapes and open spaces.

3.

To minimize automobile congestion by designing and funding safe and effective traffic circulation patterns and infrastructure, integrating pedestrian-friendly features, providing adequate parking facilities and providing and encouraging alternative travel modes.

4.

To ensure compatibility between different types of development, land uses and neighborhoods.

5.

To fully integrate the SP area with the remainder of the city.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.030 - Application process.

A.

Project Initiation.

1.

Project proponents shall obtain a design review application from the city planning department.

2.

Applicants should meet with the planning department staff prior to completing the application to reduce processing problems and help streamline the application process.

3.

Applicants shall submit completed applications to the planning department and pay all fees before application processing can begin.

B.

Application Requirements. As appropriate to the type, scale and phase of the development, the application package may include any or all of the following:

1.

Maps indicating existing and proposed general plan and specific plan land use designations (if amendments are proposed) and existing and proposed land uses.

2.

A legal description of the project site, and maps indicating legal boundaries.

3.

A plot plan of the land and area to be developed, indicating the location of adjacent streets, all private rights-of-way existing and proposed.

4.

Copies of proposed tentative maps prepared consistent with state law.

5.

A topographical map indicating drainage features, trees, and other natural features such as creeks or streams, floodplain demarcations, wetlands, cultural resources, and location of existing structures (if any).

6.

A project map indicating parcel sizes, location and type of proposed structures, number of dwelling units, parking areas, driveways, vehicular and pedestrian features, loading facilities, location of all entrances, height and gross floor area of buildings, usage by type and square footage.

A map indicating location of off-site improvements, such as parking, loading facilities, bicycle paths, bus stops, and traffic signals.

8.

A map or maps indicating the extent, location and general arrangement of all building, open space and landscaping plans, plans for vesting of open space, if applicable, the nature and location of any proposed agricultural uses, and plans for maintenance of open space.

9.

Architectural drawings to demonstrate the concept and character of the proposed development; including aesthetics, neighborhood compatibility features, elevations, type of roofing and siding materials, lighting methods or fixtures, garbage containers, type of signs including location and other thematic illustrations.

10.

Such additional information as may be required by the planning commission or staff.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.040 - Very low-density and low-density residential.

A.

Uses Permitted. The following uses are permitted in areas designated for single-family uses in the Vineyards specific plan, subject to a building permit, provided that all other Municipal Code requirements are met:

1.

Single-family dwelling and typical ancillary structures such as a detached garage.

2.

Accessory uses normally incidental to single-family residences where there is a single-family residence on the lot provided that the following conditions are met:

a.

Except as modified in this chapter, accessory structures shall be located outside any required setback.

b.

No accessory structure shall be permitted within twenty feet of the front property line.

c.

The appearance of accessory structures should be compatible with the main structure, particularly where visible from the street.

3.

Home occupations (Section 17.60.020).

4.

Attached second units (Section 17.60.020).

5.

Small family care home (Section 17.040.350)

6.

Small child day care use (Section 17.04.240).

7.

Gardening, horticulture and family pets.

8.

No provision is to be construed as permitting any commercial use, including the storage or parking of commercial vehicles in excess of one and one-half ton carrying capacity, except private-passenger type vehicles where there is a single-family residence on the lot.

B.

Uses Permitted Subject to a Conditional Use Permit. The following uses may be allowed in areas designated for single-family uses in the Vineyards SP subject to acquisition of a conditional use permit approved by the planning commission:

1.

Public parks, public schools and public playgrounds.

2.

Churches, private schools, public buildings and utility substations.

3.

Golf courses, country clubs and private residential recreation centers.

4.

Commercial nurseries, commercial agriculture including vineyards and orchards over 0.25 acres and raising or maintaining livestock subject to provision of mitigation measures to ensure neighborhood compatibility or as an interim use prior to development.

C.

Requirements. Residential development in the Vineyards SP must be consistent with the adopted land use plan.

1.

Minimum and average lot width. The planning director may grant a ten percent exception to lot width requirements to provide for unique lot shapes or building orientation. Otherwise, minimum lot width must be sixty feet measured at the front yard setback line, and minimum lot depth one hundred feet. The average lot width shall be sixty-five feet as measured at the front yard setback line for each block.

==> picture [348 x 168] intentionally omitted <==

Figure 1 Minimum Lot Width

2.

Maximum building height. Thirty-five feet high for two-story homes; thirty feet high for accessory buildings.

3.

Minimum square footage. One thousand five hundred thirty square feet of enclosed living area except that twenty percent of the units in any phase may be a minimum of one thousand three hundred square feet.

4.

Setbacks. Figure 2 illustrates setback requirements.

==> picture [348 x 174] intentionally omitted <==

Figure 2 Required Setbacks

D.

Design Objectives.

• To create variety along local streets.

• To provide variety in building placement and street scenes.

• To provide visual interest and aesthetic diversity.

• To create a sense of neighborhood uniqueness.

1.

Varied Setbacks. Distance between adjoining homes, garages, or between homes and fences, shall be varied to create visually interesting patterns of open space and landscaping, to add diversity to the view and to promote "front porch" interaction with pedestrians thus enhancing a sense of community and belonging, encouraging walking, and serving as a deterrent to crime. (SP Policies 8.4.6, 8.4.8)

2.

Varied Lot Widths.

a.

Strive to vary lot widths to provide different amounts of open areas between structures.

b.

Vary placement, shapes and sizes of homes.

==> picture [337 x 160] intentionally omitted <==

Figure 3 Variations in Lot Widths, Setbacks and Garage Placement

3.

Varied Garage Placement and Orientation (See Figure 5) (SP Policy 8.4.21).

a.

Garages may be accessed by alleys or shared driveways and shall be set back behind the front façade of the residence and shall be architecturally integrated with the main house façade. (SP Policy 8.4.16)

b.

The location and size of garage shall not dominate the street view of the structure.

c.

The garage shall not be larger than thirty-three percent of the living area.

4.

Parking and Garage Doors.

a.

A minimum of two garaged off-street parking spaces shall be provided for each housing unit.

b.

Garage doors shall be recessed into the walls and not be built flush with the exterior wall of the garage. (SP Policy 8.4.23)

c.

The design of the garage door shall complement the particular architectural style selected for the home.

d.

For garages accessed from the street, the garage face shall be recessed a minimum of five feet from the primary living areas façade.

5.

Driveways.

a.

One parking space per residence shall be required in each driveway.

b.

Direct access shall be provided to accessory units.

c.

Driveways shall be varied including using colored concrete, stamped concrete or paver-stone insets for low-density lots. Very low-density lots, as well as low-density flag lots, are exempt from this requirement.

d.

Single-car driveways that widen to two-car aprons at a recessed or detached garage are encouraged to reduce the amount of pavement.

e.

Fences and landscaping should be used to screen and soften exposed parking areas where feasible.

==> picture [360 x 229] intentionally omitted <==

Figure 4 Garages on Alley

==> picture [444 x 485] intentionally omitted <==

Figure 5 Garage Access and Configuration

==> picture [384 x 534] intentionally omitted <==

Figure 6 Garage Recess Treatments

6.

Façade Design Elements.

a.

Design façades and placement of structures to give them richness, variability and appropriate scale.

b.

Long exterior house walls shall be varied to create an interesting blend with landscape, adjacent structures, and from the casting of shadows.

c.

Each house shall have a clearly defined entry.

d.

"Keyhole entries" (hidden from view on the side or within deep recess of the building) are not permitted unless safety features have been incorporated to the satisfaction of the planning director.

==> picture [192 x 155] intentionally omitted <==

Figure 7 Varied Residence Design

7.

Roof Design Objectives (SP Policy 8.4.6).

a.

Varied roof designs and materials that create visual interest are required. Varied roof design may be achieved by changes in plane such as the use of gables and dormers.

b.

For sloped roofs, both vertical and horizontal elements are required.

c.

A-frame roofs should be used only when appropriate to the architectural style.

d.

Flat roofs are not permitted.

e.

Roof-mounted heating and air-conditioning is not allowed.

==> picture [348 x 153] intentionally omitted <==

Figure 8 Roof and Façade Design Elements

8.

Varied Structure Design.

a.

The design of residences shall be varied to create visual interest.

b.

The massing and composition of homes (not just finish materials) within each block shall vary.

c.

Single-story homes and multistory homes shall be distributed throughout the neighborhood to provide varied visual interest, affordable housing and a more diverse neighborhood. (SP Policy 8.4.6)

==> picture [336 x 272] intentionally omitted <==

Figure 9 Varied Residence Design on Cul-de-Sac

9.

Exterior Lighting.

a.

Lighting placement, intensity, and potential glare shall be provided or described on all building plans and shall conform to Section 17.04.466.

b.

Outdoor lighting shall be positioned so no direct light extends onto neighboring properties.

c.

Landscape lighting shall be low-level from unobtrusive fixtures.

d.

Landscape lighting shall be reserved for significant landscape features.

e.

Light fixtures shall be compatible with the architectural style of the project.

10.

Walls, Fences and Entry Features. The design of walls and fences, as well as the materials used, shall be consistent with the overall development's design and shall conform to Section 8.10 of the Vineyards SP.

11.

Open Space Areas.

a.

Developments shall be designed to provide views into open-space areas at strategic locations.

b.

Safe and attractive pedestrian connections to public open space are required (See Figure 12).

c.

Access through narrow-fenced connections is not allowed.

==> picture [204 x 179] intentionally omitted <==

Figure 10 Residential Connection to Open Space

==> picture [204 x 166] intentionally omitted <==

Figure 11 Trail Connection to Cul-de-Sac

12.

Streets. Right-of-way widths shall be required consistent with Chapter 4, Circulation, of the Vineyards specific plan and table 2.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.050 - Medium-density and high-density residential areas.

A.

Purpose. Medium-low density, medium-density and high-density housing shall be built with an average minimum density of six units per acre for medium-low density housing, ten units per acre for mediumdensity and twenty units per acre for high-density housing and shall conform to the Vineyards SP. Multiplefamily housing shall provide housing for all income levels and shall use principles of universal design to make housing suitable for all age groups. Multiple-family housing in the Vineyards SP shall face the street. (SP Policy 8.4.28)

==> picture [312 x 60] intentionally omitted <==

Figure 12 Multiple-Family Dwelling Facing Street

B.

Uses Allowed.

1.

Smaller multiple-family dwellings are allowed such as a duplex, triplex or fourplex provided that the medium-density residential requirements of the Vineyards SP are met.

2.

Multiple-family dwellings, five or more units, are allowed. (SP Policy 8.4.29)

3.

Home occupations shall be limited to office uses only.

4.

Cluster homes as defined in this chapter.

5.

Small family care home (Section 17.040.350).

6.

Small child day care use (Section 17.04.240).

==> picture [408 x 140] intentionally omitted <==

Figure 13 Duplex

C.

Conditional Uses.

Single-family dwelling unit.

2.

Senior residential care facility—Seven or more clients.

3.

Public facilities including utility substations.

D.

Cluster Homes. Cluster homes are a type of housing where two to eight single-family houses on individual small lots are arranged around a common driveway. Cars are parked inside garages to allow the other residents driveway access and egress. (SP Policies 8.4.5, 8.4.18, Figure 8-4) The common driveway should function as an alley with the primary entry to the unit from the public street or from a common walkway between clusters.

==> picture [180 x 176] intentionally omitted <==

Figure 14 Examples of Cluster Homes

1.

Setbacks.

a.

Units fronting on the public street.

1)

Units fronting on the public street shall have a six-foot-deep front porch.

2)

No garage entry is allowed from the public street; all garages must be accessed from the common driveway.

Setbacks from the public street are as follows:

• Twenty feet at grade.

• Fifteen feet with house sixteen inches above grade.

• Ten feet with house twenty-four inches above grade.

• Five feet with house thirty-two inches above grade.

4)

Attached garage (nonentry side) shall be set back twenty feet from the public street.

b.

Separation between building faces. The minimum separation between building faces of units on one cluster and those on another cluster shall be sixteen feet.

c.

Separations between adjacent buildings. Separations between adjacent buildings in the same cluster shall be at least ten feet. Zero lot lines are allowed.

d.

On corner sides, clear vision at the public street intersections shall be maintained.

e.

On sides that back up to a public street, all buildings shall be set back fifteen feet from the property line.

f.

For privacy, second-floor windows, except for clerestory windows, should be avoided on elevations which overlook private open space area of adjacent units. In instances where second-floor windows are unavoidable, they should be set back at least fifteen feet from property lines and separated from adjacent areas by tall shrubs or trees.

g.

Minor architectural projections, such as fireplaces and bay windows, may project into setback or separation by up to two feet for a length not to exceed ten feet or twenty percent of the building elevation length, with minimum three-foot clearance.

==> picture [156 x 123] intentionally omitted <==

Figure 15 Examples of Cluster Homes—A and B

==> picture [156 x 118] intentionally omitted <==

2.

Houses adjacent to a local residential street or park shall face the street or park.

3.

No more than three clusters shall be placed adjacent to each other unless separated by common open space, a pedestrian pathway, a public street and/or guest parking.

E.

Cluster Homes Design.

1.

Number of Units per Cluster and Design.

a.

The maximum number of units accessed from a common driveway should not exceed six and shall be limited to a maximum of eight units. (SP Figure 8-4)

b.

Private open space is required for each unit and shall be a minimum of ten feet by ten feet.

c.

All units in a cluster shall share a common architectural theme.

d.

Variation of building types and elevations on end units is encouraged.

e.

House entries shall be enlarged with porches to accent corners and interior vista.

f.

House entries shall not be directly opposite the entry of another house but shall be staggered and differentiated by changes in elevation and/or angles.

g.

Each entry to a common walkway shall have a unique and distinguishing entry feature such as an arbor or gateway.

==> picture [336 x 254] intentionally omitted <==

Figure 17 Cluster Home Entry Feature

==> picture [421 x 322] intentionally omitted <==

Figure 18 Cluster Homes with Six Units

2.

Common Driveway Requirements.

a.

The paved circulation portion of the common driveway shall have a minimum width of twenty-two feet.

b.

The entrance to the common driveway, at the street, shall be a minimum of twenty feet in width.

c.

Decorative paving shall be provided in fifty percent of the common driveway.

3.

Garage Design.

a.

Two garaged parking spaces for each residence shall be required. Tandem parking is allowed for up to onehalf of the units in a cluster.

b.

Recess garages behind the main dwelling unit to minimize the visual impact of the garage door and parking apron.

c.

Use roll-up doors for garages.

d.

Design the layout so that the terminating vistas from the street will not be garage dominated.

==> picture [360 x 199] intentionally omitted <==

Figure 19 Example of Cluster Home—C

Parking Apron.

a.

Garage aprons shall be either less than six feet deep or more than eighteen feet deep.

b.

Parking aprons allowing parking in front of the garage should be limited to the rear units not visible from the street.

c.

Paved areas in front of garage doors should have a minimum width of twenty-five feet in front of the garage door.

d.

Asphalt concrete paving shall not be used for more than fifty percent of the common driveway.

e.

Use of permeable paving, reinforced sod is encouraged.

5.

Guest Parking. At least two guest parking spaces shall be provided for each common driveway (cluster).

6.

Landscaping.

a.

Trees and large landscape fingers between parking aprons shall be required to break up the expanse of paving and view of garages.

b.

Two hundred square feet of landscaping per unit shall be provided.

c.

Trees shall be provided at the rate of one front yard tree at each interior lot minimum.

d.

No part of the access street setback area may be counted toward the two-hundred-square-foot requirement.

e.

Green space should be placed at the end of the cluster as a focal point.

f.

A homeowners' association shall be established to maintain all common areas including yards, driveways, landscaping and vehicle storage areas within the project.

==> picture [415 x 414] intentionally omitted <==

Figure 20 Cluster Homes City Block

F.

Façade and Roof Design Elements.

1.

The following design elements shall be used to create visually interesting, as well as functional, multiplefamily dwellings: various front setbacks within the same structure, staggered and jogged unit planes, use of reverse building plans to add variety, a maximum of two adjacent units with identical wall and roof lines, balconies, porches, and cross gables.

==> picture [336 x 227] intentionally omitted <==

Figure 21 Multiple-Family Units with Balconies

2.

The following layout elements shall be used to create an interesting neighborhood: a variety of orientations to avoid the monotony of garage door corridors, curvilinear driveways, landscape and clustering of units.

==> picture [318 x 144] intentionally omitted <==

Figure 22 Variable Roof and Facade Design

G.

Open Space. All multifamily residential projects in high-density areas shall provide permanently maintained outdoor open space for a total thirty-five percent of the entire area. This outdoor open space shall not include the site coverage. The site coverage is the percentage of total site area occupied by structures and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

For each dwelling unit private open space such as patios or balconies shall be provided at a minimum of ten percent open space per net square foot of living space. (SP Policy 8.4.26)

==> picture [336 x 252] intentionally omitted <==

Figure 23 Multiple-Family Units with Open Space

H.

Solar Design (SP Policies 8.4.10, 8.4.27).

1.

Building and rooftops shall be oriented and designed, to the extent that site conditions allow, to accommodate active solar and night cooling technologies.

2.

Landscape around buildings shall be designed to provide fifty percent shading in the summer months and solar access during the winter months. Not to interfere with any photovoltaic or other solar devices, yet provide maximum shading in summer months.

3.

Site plans and landscape designs shall provide for shaded usable outdoor spaces including a variety of gardens and informal natural areas.

I.

Parking (Section 17.46.040).

1.

Parking for multiunit developments shall be designed to minimize distance to units and may include structured or underground parking where feasible. (SP Policy 8.4.30)

Alleys should be considered as a way to accommodate parking behind or under housing units, so that porches, pedestrian entries, and gardens may front the public street.

3.

Trees shall be planted and maintained to provide a fifty percent shade canopy of all parking areas.

==> picture [360 x 137] intentionally omitted <==

Figure 24 Examples of Multiple-Family Homes Facing Street, Garages in Rear

J.

Garages.

1.

Garages for multifamily housing shall not dominate the front of the units, but may be allowed to take up twenty-five percent or less of the frontage.

2.

Windows from active living spaces, including dining, living, kitchen and family rooms, shall provide views of front yard areas and the public street.

==> picture [336 x 212] intentionally omitted <==

Figure 25 Multiple-Family Layout

K.

Utilities (SP Policy 8.4.34).

1.

Service areas and utilities, including gas and electric meters, and cable panels shall be completely screened from public view and integrated into the architecture.

2.

All air conditioning/heating equipment, soft water tanks, pool and spa equipment and electric self-timer boxes for sprinklers or exterior landscape/lighting shall be screened and shall not be roof-mounted.

3.

Trash storage shall be screened from public view by an enclosed screening structure and located away from main public rights-of-way. Trash containers must be setback at least twenty feet from residential structures on adjacent properties.

4.

Design of trash enclosures shall be compatible with the architectural character of the buildings they serve and shall consist of solid block or masonry construction with solid steel doors.

==> picture [396 x 292] intentionally omitted <==

Figure 26 Multiple-Family Buildings

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.060 - Village Center mixed use.

A.

Purpose. The mixed-use designation is applied to the Village Center of the Vineyards SP which is intended to serve as a vibrant self-contained community core as well as the active focal point for surrounding residential areas. The mixed-use community core area provides opportunities for people to meet, work and recreate without a car. It includes higher-density, multistory residential buildings, second- and third-story apartments and lofts over ground floor commercial and office uses, convenience shopping, personal services, entertainment, office and civic functions, and neighborhood cafes. The community core is also within walking distance of some neighborhoods, and easily accessible to more distant neighborhoods by electric cart, bicycle, automobile and transit. Figure 27 shows a possible schematic design consistent with the Vineyards SP, which may be altered as individual sites are developed.

==> picture [420 x 313] intentionally omitted <==

Figure 27 Vineyards at Anderson Village Center

==> picture [216 x 162] intentionally omitted <==

Figure 28 Village Center

B.

Requirements. Design components shall be consistent with the Vineyards SP as described in Section 8.5. Development will provide a concentrated pedestrian-scaled urban setting by building to the sidewalk, making building fronts "permeable" and interesting with windows and doors every twenty-five feet, and encouraging sidewalk uses and patios along streets rather than narrow sidewalks and parking.

==> picture [408 x 132] intentionally omitted <==

Figure 29 Mixed-Use Buildings

C.

Allowed Uses.

1.

Residential uses are permitted including high-density multiple-family uses.

2.

Ground floor commercial uses in multifamily units are preferred in the core area and on entry streets.

3.

Permitted recreation and entertainment uses are clubs, lodges, private meeting halls, health and fitness facilities, play facilities, nightclubs and bars, movie theaters, restaurants, small outdoor stages, restaurants with live music, stages and other small-scale uses.

Permitted shopping uses are art, antique, collectible and gift sales; grocery stores, general retail, plant nurseries and garden supply stores; furniture, furnishings and equipment stores; and auto parts stores.

==> picture [138 x 191] intentionally omitted <==

Figure 30 Mixed-Use Projects

5.

Permitted office uses are focused on smaller businesses and include medical/dental services, insurance, finance, accounting, optical, real estate, and other neighborhood-oriented uses.

6.

Permitted services include banks and financial services, bed and breakfast inns, business support services, child day care facilities, equipment rental, and repair services (excluding auto repair).

7.

Permitted civic functions are community centers, libraries, museums, religious facilities, educational facilities, and government offices.

D.

Conditional Uses.

1.

Use of a commercial building for residential use in areas designated mixed use on the Vineyards specific plan. (SP Policy 8.5.4)

2.

Street vendors.

==> picture [168 x 112] intentionally omitted <==

Figure 31 Outdoor Eating

E.

Building Use.

1.

Buildings surrounding the "village plaza" may consist of ground-floor commercial (retail and/or office) uses with one to three stories of housing and/or office space above.

2.

The ground floors of buildings located on the entry street and fronting the village plaza are reserved for commercial uses.

==> picture [216 x 145] intentionally omitted <==

Figure 32 Pedestrian-Friendly Development

==> picture [348 x 198] intentionally omitted <==

Figure 33 Mixed-Use Layout

F.

Building Design.

1.

Street Edge (SP Policies 8.5.11, 8.5.13).

a.

Site design and building orientation shall provide easy pedestrian access from streets to stores, with continuity of storefronts and no major gaps caused by location of parking lots.

==> picture [216 x 144] intentionally omitted <==

Figure 34 Mixed-Use Building

b.

Buildings in the mixed-use area shall maintain a continuity and consistency of design in terms of character, materials and architectural detail.

c.

Retail/dining activity shall engage the street through architectural and artistic features, sidewalk vendors and cafes, benches and other outdoor seating.

d.

Development along primary streets in the mixed-use area shall maintain a distinctive urban character, with storefronts oriented to streets.

e.

Buildings shall use awnings, canopies, and trellises to provide visual interest, to shelter pedestrians from rain and to add interest for the pedestrian.

f.

Buildings should be sited to provide frequent and convenient connections to rear or underground parking areas.

g.

Buildings, parking and landscaping shall be configured and designed to create a well-defined street edge.

==> picture [216 x 317] intentionally omitted <==

Figure 35 Benches and Outdoor Seating

2.

Building Entries and Doors (SP Policies 8.5.14, 8.5.15, 8.5.16).

a.

Principal building addresses and entries shall be clearly defined.

b.

Building doors and windows facing street frontages shall be fully functional.

c.

Buildings shall present a "front face" to primary streets to establish building presence and identity.

3.

Setbacks.

a.

Maximum setback lines set the location of building walls, help to define streets and open spaces, and ensure safe and active streets and paths.

b.

Where buildings are set back or open space fronts primary streets or entries, landscape features such as strong planting treatments, trellises, arcades, or decorative walls shall reinforce the street edge.

c.

Maximum setback lines are measured from the edge of the dedicated right-of-way line of streets.

d.

Setbacks establish minimum or maximum distance between a building and another building at the edge of adjacent dedicated right-of-way or other property lines.

e.

Setbacks shall be proportionate to the scale of the building, and building façades may be staggered for visual and functional variety and to create usable public spaces.

f.

Setbacks and building regulations are shown in Table 1 at the end of this section.

4.

Building Height and Massing.

a.

Height. Two-story buildings are required on the entry street and primary streets. See Table 1 at the end of this section.

b.

Variety. Building heights and spacing may be varied to prevent continuous "walls" of closely-spaced masses that block views or create wind tunnels and shadowy "canyons". Variation may be used to contribute to the architectural character and "skyline" of the mixed use area. (SP Policy 8.5.19)

c.

Horizontal Lines. Boxy, monolithic appearances shall be avoided by visually breaking up the horizontal mass of wide buildings.

d.

Sun Angles. Sun angles shall be considered in the design and placement of buildings and structures to allow sunlight into deep spaces and to provide for both shaded and sunlit public spaces. (SP Policy 8.5.21)

e.

Fire Protection. Multistory development shall consider the necessity for providing adequate fire protection. Elevator access shall be provided to upper floors as necessary to meet ADA and building code.

5.

Building Elevations.

a.

Front/street-facing façades shall reinforce the human scale and distinct character of building through the rhythm and modulation of façade elements, and shall be designed to convey a sense or order and richness through the interplay of light, shadow, color, texture and materials. (SP Policy 8.5.22)

==> picture [204 x 154] intentionally omitted <==

Figure 36 Mixed-Use Stores

b.

The façades of long buildings visible from public streets shall be designed to incorporate a rhythm that is not repetitious but serves to lend a sense of scale. (SP Policy 8.5.24)

c.

High-quality building materials shall be used for all building elevations including side and rear façades and a consistent set of materials shall be used for all façades of a building. (SP Policy 8.5.25)

d.

Recessed window and door openings should be used to create shadow lines and to express differences in materials. (SP Policy 8.5.23)

e.

Large unrelieved flat surfaces, flush windows and flush doors should be avoided.

f.

Blank or opaque walls or other edge treatments that present a hostile or impermeable face or appear to be "walling out" the surroundings should be minimized.

6.

Roofing.

a.

Individual building roof forms should be integral to the architecture and contribute to the over[all] character of the mixed-use area "skyline." (SP Policy 8.5.26)

b.

Angled or arc-form rooflines, material/detail variations and/or iconic features are encouraged to articulate the building profile. (SP Policy 8.5.27)

c.

Boxy, monolithic buildings with flat tops should be minimized, as should color changes between roof and the rest of the building.

d.

Roof materials should be high quality and nonreflective, and may not consist of galvanized steel or similar materials. (SP Policy 8.5.28)

7.

Parking. Parking shall conform to Section 8.5.4 of the Vineyards SP and Table 1 at the end of this section.

8.

Signs (Section 17.44.050).

a.

General Requirements. Signs shall conform to Section 8.9 of the Vineyards SP. Signs act as a component of the streetscape and affect the overall perception and ambience of the public realm. Thus, signs should not only communicate the type and quality of goods and services a business provides, or the type of activity(ies) being conducted within a building, but also contribute to, and be an integral part of, the streetscape design and ambience. Signs shall include generally recognized logos rather than printed text whenever possible. The architecture and design of a building typically suggests appropriate locations for signage based on the layout and composition of the building façade.

Signs shall:

• Be architecturally compatible with the proposed development style and compatible with the surrounding physical and visual character of the area;

• Promote the "individuality" of establishments;

• Identify the business clearly and attractively;

• Enhance the building on which it is located; and

• Reduce the amount of visual clutter caused by excessive and poorly placed signage.

Location and Placement.

• Avoid sign placements that obstruct building details.

• Signs that extend beyond, or above, a building façade (except as part of an architectural feature, awning, or other design feature of a building) shall be discouraged unless such signs are designed to integrate with the architecture of a building and the building façade.

Table 1 Development Standards for Village Center—Mixed Use

Table 1 Development Standards for Village Center—Mixed Use (Continued)

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

A.

Purpose. Most commercial uses in the Vineyards SP will be located in the mixed-use areas. The neighborhood commercial areas designated in the Vineyards SP are intended for convenience stores, ministorage, RV storage and other uses not allowed in the mixed-use area. Thus, landscaping to buffer these areas is of prime importance. (SP Section 8.6) Placement of structures should consider topography of the site, trees to be saved and the adjacent land uses.

B.

Uses Allowed. The uses allowed will be governed by the Vineyards SP Section 8.6. The plan allows different types of commercial uses in the different areas depending on the size and location within the community. Uses which are necessary for the community according to the Vineyards SP will be allowed as long as they are properly landscaped and unpleasant views are screened.

C.

Site Planning.

1.

Clustering creates plazas or pedestrian malls and can prevent long "barracks-like" rows of structures; therefore, clustering of buildings should be considered in larger, multibuilding commercial area developments.

2.

Where clustering is impractical, a visual link between separate structures should be established through the use of an arcade system, trellis, or other open structure and by pavement and landscape treatments.

3.

Public plazas and landscape areas should reflect careful planning and not simply be "leftover" areas.

Public plazas and landscape areas shall provide pedestrian amenities such as shade, benches, and fountains.

5.

Freestanding, singular commercial structures should be oriented with their major entry toward the street where access is provided, as well as having their major façade parallel to the street unless located on a plaza.

6.

Façades facing a street shall incorporate windows, trellises, wall articulation, landscape, or other features and shall not be a blank wall.

7.

Buildings should be oriented to pedestrians by placing buildings closer to the street and incorporating a storefront appearance with ample windows, transparent doors and similar storefront techniques.

D.

Parking and Circulation.

1.

Pedestrian access shall be an integral part of the site plan and there should be distinct pedestrian access from parking areas to residential, commercial and office uses and between such uses.

2.

Pedestrian walkways shall parallel driveways in parking areas if possible.

3.

Pedestrian walkways from building entries shall be provided for pedestrian access to public sidewalks.

4.

Parking aisles shall be separated from vehicle circulation routes.

5.

Parking spaces shall not directly abut the commercial structure and parking areas shall be separated from structures by either a raised concrete walkway or landscaped strip, preferably both.

6.

An opaque wall, berm, topographical difference or landscape shall be used to screen any parking at the street periphery. (SP Policy 8.6.4)

7.

Commercial parking access points, whether located on front or side streets, shall be located a minimum safe distance from street intersections so that adequate stacking room is provided.

8.

The number of access points shall be limited to the minimum amount necessary to provide adequate circulation, and shall be at least one hundred feet apart.

9.

Common driveways which provide vehicular access to more than one site and shared parking facilities are encouraged.

10.

Parking stalls which are perpendicular to a driveway of first aisle juncture shall be set back a sufficient distance from the curb to avoid traffic obstruction.

11.

Large parking lots should be divided into a series of smaller lots for one hundred or fewer vehicles. The planning director shall review and approve any deviation from this standard.

12.

Loading facilities should be located at the rear of the building and shall be screened by walls and/or planting. (SP Policy 8.6.4)

13.

Loading facilities shall be offset from driveway openings to provide safe maneuvering areas for vehicles accessing the property.

E.

Landscape.

1.

Landscape for commercial and office uses shall define entrances to buildings and parking lots, define the edges of various land uses, provide transition between neighboring properties (buffering) and provide screening for loading and equipment areas.

2.

At maturity, trees shall provide a fifty percent shade canopy for parking areas.

3.

Landscape shall not obstruct visibility at drive-aisle intersections.

4.

Landscape shall be protected from vehicular and pedestrian encroachment by raised planting surfaces, walks, or the use of curbs.

5.

Plants in boxed, clay, or similarly durable containers should be used for enhancement of sidewalk shops, plazas, and common driveways.

6.

The use of vines and climbing plants on trellises and perimeter garden walls is strongly encouraged.

F.

Walls and Fences.

1.

When walls are used, they shall be designed to blend with the site's architecture.

2.

Security fencing and long expanses of fence or wall surfaces shall include offsets or landscape or architectural features that break up the mass and prevent monotony.

==> picture [360 x 272] intentionally omitted <==

Figure 37 Wall with Landscaping

G.

Screening.

1.

Where storage yards are allowed, exterior storage should be confined to portions of the site least visible to public view and noise effects on adjacent residential areas shall be mitigated.

2.

Where screening is required, a combination of elements, such as solid masonry walls or similar opaque, durable material, berms, landscape; and elements of the building extending into screening shall be used.

3.

Chain-link fencing with wood or metal slating shall not be used when visible from the public right-of-way.

4.

Screening for outdoor equipment on the ground shall be architecturally integrated with the adjacent structure in terms of materials, color, shape, and size.

H.

Building Massing.

1.

Planes of the exterior building walls shall be varied in depth and/or direction.

2.

The height of the buildings shall be varied so that it appears to be divided into distinct massing elements. (Good example: Figure 22)

3.

Elements of a building's façade shall be differentiated by use of color, arrangement of façade elements, or a change in materials.

4.

Blank walls longer than twenty feet at the ground-floor levels are not permitted.

5.

Windows, trellises, wall feature definition, arcades, changes in materials, landscape, or other features shall be used to lessen the impact of a bulky building.

The rear and side elevations shall incorporate some of the architectural features of the main façade.

==> picture [366 x 314] intentionally omitted <==

Figure 38 Coffee Shops

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

With respect to the common areas as set out in the final development plan, there shall be provided, either in the body of the application or plan or appended thereto as exhibits, a subdivision plat showing the dedicated areas, covenants and other deed restrictions, plan of maintenance, and lot assessment procedures, which, among other things, shall include the following:

1.

The form of document or covenant that will legally create an automatic membership nonprofit homeowner's association.

2.

The extent and type of title of homeowners in the common property area, or give definite assurance that it automatically will be so placed within a reasonable period of time.

3.

Limitations on use of common property.

The extent and right of each lot owner to the use and enjoyment of common property.

5.

Responsibility for the operation and maintenance of the common property.

6.

The amount of charge or assessment on each lot for the maintenance of common property, which will do the following:

a.

Assure sufficient funds to maintain the common property and provide that such assessment shall be a lien on the property; and

b.

Provide adequate safeguards for the lot owners against undesirable high charges.

7.

All documents required by this section shall be in a form that may be enforced by the city and in a form that shall be first approved by the city attorney.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

A.

Blue Oaks. Blue oak woodlands provide a substantially diverse habitat and shall be preserved to the extent feasible.

==> picture [348 x 328] intentionally omitted <==

Figure 39 Blue Oak

B.

Development Criteria.

1.

Development plans should be designed to minimize adverse impacts on blue oaks and on any tree species trees [greater than thirty inches diameter at breast height (dbh)].

2.

Blue oak and heritage trees should be designed into landscaping plans where feasible.

3.

The design and siting of structures and driveways should be planned to minimize tree removal or damage, and avoid unneeded pruning and watering within drip lines of trees.

4.

Development plans should include provision for a tree habitat preservation plan.

C.

Tree Assessment.

1.

Prior to issuance of any grading or building permits for a site with blue oaks or heritage trees, a forester, certified arborist, licensed landscape architect, or qualified specialist and shall review the proposed tree and habitat preservation plan.

2.

The tree and habitat preservation plan shall include the following information:

• A map indicating the number, size, type and location of oak or heritage trees with ten-inch or greater dbh and tree canopies, and indicating any trees proposed for removal.

• A description of the condition of all such trees.

• An evaluation of the effect of the proposed project on such trees.

• A mitigation plan, if applicable, which addresses other requirements included in this section.

==> picture [408 x 197] intentionally omitted <==

Figure 40 California Oak Woodland Hills

D.

Tree Removal Mitigation.

1.

Prior to the start of construction of any phase involving oak or heritage tree removal, the tree removal shall be mitigated through either a tree mitigation plan and/or a tree replacement plan as described below.

2.

Tree Mitigation Plan. A tree mitigation plan shall be reviewed by the planning director and may include a combination of mitigation strategies such as the following:

a.

Conservation easements,

b.

Habitat restoration along project drainages,

c.

Tree replacement,

d.

Off-site plantings,

e.

Replacement of restoration at an approved mitigation site.

3.

Tree and Habitat Preservation Plan. A tree and habitat preservation plan may include the following elements:

a.

Statement of the amount of mitigation required and the number of replacement trees.

b.

Identification of species, size and locations of all replacement plantings.

c.

Description of method of ensuring plant survival such as irrigation, planting and maintenance schedules.

d.

A maintenance agreement to provide of the trees for a five-year period. The agreement shall include a provision to replace any plants which do not survive the five-year period.

e.

No replacement trees or deep pots shall be planted within fifteen feet of the drip lines of oak trees or heritage trees, which are retained on site, or within fifteen feet of a building foundation, ultimate road rightof-way, or utility easement unless measures are taken to ensure that future activities will not be harmful to the trees.

f.

The plan shall specify the appropriate spacing of replacement based on tree species/natural conditions.

==> picture [228 x 278] intentionally omitted <==

Figure 41 Blue Oak with Multiple Trunks

E.

Replacement Factors.

1.

Removal of Blue Oak/Quercus douglasii, and other oaks and any tree species with a diameter at breast height (dbh) of greater than ten inches, trees (thirty inches dbh or greater), or any native tree or native with a diameter at breast height (dbh) of greater than eighteen inches, shall be compensated for by planting one fifteen-gallon tree or five-gallon shrub for every tree lost.

2.

Reserved.

3.

Replacement plantings shall be made on the project site except as provided in subsection D. above.

==> picture [265 x 210] intentionally omitted <==

Figure 42 California Live Oak

==> picture [270 x 187] intentionally omitted <==

Figure 43 Oaks

F.

Tree Protection During Construction.

1.

The area beneath the drip line is a critical portion of the root zone and defines the minimum protected area of each tree. A circle with a radius measurement from the trunk of the tree to the tip of its longest limb shall be measured and constitute the drip line protection area of each tree. The location, size and drip line of affected trees shall be indicated in tree reports and on the construction plans. Removing limbs that make up the drip line does not change the protected area.

2.

Temporary protective fencing shall be installed at least six inches outside the drip lines of the trees prior to the start of construction work, to avoid damage to the trees and their root systems. No vehicles,

construction equipment, mobile homes/offices, supplies, materials or facilities shall be driven, parked, stockpiled or located within the drip lines of protected trees.

3.

No substantial grading (grade cuts or fills) or trenching shall be allowed within the drip lines of protected trees. If the engineer determines to the satisfaction of the planning director, that a utility line cannot feasibly be routed to avoid the drip line protection zone, then the line shall be bored at a minimum four-foot depth through the entire protection zone area unless a satisfactory alternative that protects the tree can be identified.

4.

Drainage patterns on the site shall not be modified so that water collects or stands within, or is diverted across, the drip line of any protected tree. However, diversion is permitted if the planning director determines that no damage will occur.

5.

No signs, ropes, cables (except those installed to provide limb support) or other items shall be attached to protected trees although numbering tags for the purpose of preparing tree reports are allowed.

6.

Any protected trees on the site that require pruning to enable construction shall be pruned in accordance with the American National Standards Institute (ANSI) "A300 Pruning Standards" and the International Society of Arboriculture (ISA) "Tree Pruning Guidelines."

==> picture [420 x 158] intentionally omitted <==

Figure 44 Oak Woodland

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

17.33.100 - Streets.

A.

Circulation System Design.

1.

The street system shall be designed to be consistent with the Vineyards SP; to permit the safe, efficient, and orderly movement of traffic; to meet the needs of present and future population served; to have a simple and logical pattern; to respect natural features and topography; and to present an attractive streetscape.

2.

In residential subdivisions, the street systems shall be designed to serve the needs of the neighborhood and to disperse through traffic.

3.

Right-of-way widths. Except as modified by the city public works director to ensure safe and efficient traffic circulation through the district, the requirements of right-of-way widths for the Sanderson Subdivision shall be as shown in Table 2 and as follows:

a.

Roundabouts, seventy-five-foot radius.

b.

Cul-de-sac, fifty-two feet.

c.

Alley, sixteen feet (SP Figure 4-9).

d.

Trail access, fifteen feet.

e.

All roadside curbs shall be vertical curbs.

B.

Streets and Highways—Conformity to Requirements.

1.

The general street design criteria and standards contained in this Chapter are to be considered as minimum design requirements.

2.

All streets shall conform to the Vineyards SP.

3.

If site conditions, such as topography, dictate, the planning director may approve deviations from these standards; but in no case will such modifications lead to the creation of unsafe designs as determined by the city.

4.

The street and highway design shall conform both in width and alignment, where applicable, to the circulation element of the general plan and to any plan line adopted by the city council or other legally constituted body of the county or state.

5.

The right-of-way for any such street or highway so designated within or benefiting the subdivision shall be dedicated for public use at the time of recording of any final or parcel map.

C.

Public Street Standards. The definitions, classifications and functions of urban streets are provided in the general plan. The following sections and the provisions of Table 1 constitute the minimum requirements for street design in the Vineyards SP along with Chapter 4 (Circulation) of the SP. The streets are the element that will visually and practically allow the development to meet the goals of being integrated with the city of Anderson and adhering to prudent engineering and planning principles including the following:

1.

All streets shall, as far as practicable, be in alignment with existing adjacent streets by continuations of the centerline thereof or by adjustments by curves and shall be in general conformity with the circulation element of the general plan.

2.

Streets shall be required to intersect one another at right angles or as near to a right angle as practicable in each specific case.

3.

Right-of-way requirements (See Table 1) are based on a functional street and highway classifications system which are hierarchical in nature.

4.

On-Street Parking.

a.

No parking shall be permitted on divided main road from the north property line for the first roundabout. Parking shall only be allowed on one side of Pleasant Hills Drive.

b.

All other roads shall allow on-street parking except as modified at the recommendation of the public works and planning directors.

c.

Parking shall be restricted between two a.m. and five a.m. seven days a week.

d.

Recreational vehicles may not be parked more than eight hours in any twenty-four-hour period.

5.

Center turn lanes may be required at the discretion of the planning director and/or city engineer when necessary to facilitate turning movements.

6.

Streets shall extend to the boundary of the property where necessary to provide access or permit a satisfactory future subdivision of adjoining land.

7.

When a street is temporarily "dead ended," a barricade, temporary turnaround, or temporary connection to another street may be required by the planning commission.

8.

A turnaround meeting city requirements shall be provided for any barricaded street exceeding four hundred feet in length.

9.

Reserved strips controlling the access to public ways will not be approved unless the strips are necessary for the protection of the public welfare or substantial property rights or both and, in no case, unless the control and disposal of the land comprising the strips is placed within the jurisdiction of the city under conditions approved by the planning commission.

10.

All major highways, state highways, expressways, and arterial streets shall have access rights dedicated to the city or other public agency, controlling access between intersections, except where the city planning commission determines that access should be permitted to allow vehicular circulation due to topographic conditions and/or development concepts.

11.

Where required by the city engineer, slope easements shall be granted to the city, corresponding to the construction area creating the disturbed slope area.

When the side or rear of any lot borders on any state highway, expressway, major arterial, or standard collector, the subdivider shall be required to execute an instrument acceptable to the city, prohibiting the right of ingress or egress to the lots.

D.

Alleys.

1.

Alleys shall have a minimum width of sixteen feet if intended for two-way traffic. (SP Figure 4-9)

2.

Alleys accommodating one-way traffic shall have a width of twelve feet. (SP Figure 4-9) Maximum grade shall not exceed twelve percent. Intersecting alleys shall have a corner radius of not less than twenty feet.

3.

Dead-end alleys shall provide a turnaround area which has a radius of forty feet or as approved by the city engineer and fire marshal.

4.

Alleys shall be surfaced with asphalt concrete, Portland cement concrete, or other materials acceptable to the city engineer.

5.

Drainage improvements shall be made in accordance with the requirements of the city engineer.

E.

Street Lighting. All streets shall be illuminated with street-lights in accordance with city standards and lighting policies.

F.

Access to Expressways, and Arterial Streets. Upon review of a use permit, building permit, development plan, or tentative subdivision or parcel map, the planning commission may require the dedication and improvement of a frontage road or require that an interior street be utilized to provide ingress and egress to and from proposed lots in order to avoid direct access. An encroachment permit must also be obtained from Caltrans where applicable.

G.

Sidewalks and Landscaping.

Sidewalks shall be provided for all lots in the subdivision.

2.

The sidewalks shall be of such width as may be required by the construction standards of the public works department, but in no case less than five feet in width adjacent to the curb in a residential area or less than five feet in a commercial or industrial area.

3.

Considerations in design are to be given for handicapped persons and senior citizens. In addition, the following shall apply:

a.

Required sidewalk widths may include street signs, lights, fire hydrants, etc. These sidewalks should be located adjacent to the curb.

b.

In no instance may the clear path of travel be reduced to less than three feet.

c.

Meandering sidewalks, where used, shall be five feet in width and shall not include street signs, lights, etc.

d.

Sidewalks constructed of alternative paving materials, as approved by the planning director, shall have smooth surfaces to ensure pedestrian safety.

e.

Undulating sidewalks are not permitted.

f.

Detached sidewalks may be provided in conjunction with limited access collector and arterial streets as may be authorized by the planning director and the city engineer.

4.

The planning director may waive the sidewalk requirement in residential subdivisions containing lots of twenty thousand square feet or greater.

5.

Street plans shall include plans for landscaping to comply with the Vineyards SP. Two examples of street landscaping are shown below in Figures 45 and 46.

==> picture [204 x 158] intentionally omitted <==

Figure 45 Eyebrow Planter

==> picture [132 x 148] intentionally omitted <==

Figure 46 Raised Planter

TABLE 2 RIGHT-OF-WAY REQUIREMENTS

Secondary 50 ft. 20 ft. 2/10—20 ft. 2 none none none Access Road

TABLE 2 RIGHT-OF-WAY REQUIREMENT>

(Ord. No. 766, § 2(Exh. B), 6-15-2010; Ord. No. 834, § 5, 11-17-2020)

A.

Purpose. Outdoor lighting shall be required for safety and personal security in areas of public assembly and traverse for multifamily residential developments, as well as municipal, commercial, and institutional uses where there is outdoor public activity during hours of darkness. Glare and light trespass control shall be required to protect individuals from the consequences of stray light shining into eyes and onto neighboring properties. Light pollution controls shall be required to minimize the adverse effects of misdirected light. The glare, light trespass and light pollution requirements of this ordinance shall apply to all uses.

B.

Lighting Plan. An exterior lighting plan designed to eliminate light trespass and glare beyond the boundaries of each property shall be developed, submitted to the city for administrative approval, and implemented at the time of construction. The lighting plan shall meet the Illuminating Engineering Society of North America (IESNA) requirements for reduction of light trespass as set forth in Lighting for Exterior Environments: An IESNA Recommended Practice (RP-33-99). The lighting plan shall include, at a minimum, the following information:

□ Type of fixtures;

□ Level of wattage;

□ Initial lumen outputs;

□ Horizontal and vertical placement;

□ Type of shielding being included;

□ Area to be lighted.

During development of the lighting plan, all exterior lights shall be designed, located, directed, and shielded in such a manner as to prevent objectionable light and glare across property lines. Further, lighting shall not be adequately designed to provide sufficient light without excessive illuminance.

C.

Shielding.

Shielded shall mean that the light is directed onto the site or object to be illuminated, and that the light source, whether bulb or tube, is not visible from an adjacent property or rights-of-way. Lighting within public rights-of-way, along public walkways and within parkways shall be shielded and include cutoff or semi-cutoff optics to reduce the amount of light directed to and reflected into the night sky.

2.

All building-mounted fixtures, other than architectural lighting, shall be fully shielded to eliminate the upward distribution of light. Floodlighting is discouraged and, if used, must be shielded to prevent: (1) light trespass beyond the property line and (2) light above a ninety-degree, horizontal plane.

D.

Residential Lighting/Glare.

1.

Permanent outdoor lighting shall be twelve feet or less in height unless it meets one or more of the following criteria:

a.

Fully shielded with a nonadjustable mounting; or

b.

Lighting for parking and vehicle circulation areas in which case heights up to a maximum of twenty feet may be allowed; or

c.

Building-mounted lighting directed back at house numbering or building façade.

2.

Lighting on above-grade decks or balconies shall be fully shielded.

3.

Outdoor lighting with HID light sources in excess of thirty-five watts (bulb or lamp) shall be prohibited. In addition, incandescent light sources including halogen shall not exceed fifty watts.

4.

All light sources that are not fully shielded shall use other than a clear lens material, as the primary lens material, to enclose the light bulb to minimize glare from a point source.

5.

Landscape lighting is limited to thirty-five watts per fixture per one hundred fifty square feet of landscaped area (as measured in a horizontal plane).

Security lights shall be restricted as follows:

a.

The point light source shall not be visible from adjoining lots or streets.

b.

Floodlights must be controlled by a switch or preferably a motion sensor activated only by motion within the owner's property.

c.

Timer-controlled floodlights shall be prohibited.

7.

Photo-cell lights shall be allowed under the following circumstances:

a.

At primary points of entrance (e.g., front entries) or in critical common areas for multifamily properties;

b.

Where the light sources are fully shielded by opaque material (i.e., the fixture illuminates the area but is not itself visibly bright); and

c.

The light source shall be fluorescent (or compact fluorescent) to eliminate excess electricity consumption.

d.

Lights must be fully shielded, down directed and screened from adjacent properties in a manner that limits light trespass to 0.1 of a footcandle as measured at the property line.

e.

Light intensity shall not exceed ten footcandles measured three feet above finished grade.

8.

Building-mounted floodlights shall be fully shielded and downward directed using a light of fifty watts or less.

9.

Motion sensor lights may be permitted, but only where the sensor is triggered by motion within the owner's property lines.

Light trespass at property lines should not exceed 0.1 of a footcandle as measured at the brightest point.

11.

Exterior lighting shall be directed downward and away from adjacent properties and the public right-of-way.

The use of highly-reflective materials, including unpainted metal roofing, shall be restricted in order to ensure that glare not be visible beyond property boundaries.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

A.

Purpose for Glossary. This section provides definitions of terms and phrases used in this planned development ordinance that are technical or specialized, or that may not reflect common usage. If any of the definitions in this section conflict with definitions in other provisions of the Municipal Code, these definitions shall control for the purposes of this planned development ordinance. If a word is not defined in this section, or in other provisions of the city of Anderson Code or general plan, the most common dictionary definition is presumed to be correct.

B.

Glossary.

"Accessory retail uses" means the retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office or industrial complex. These uses include pharmacies, gift shops, and food service establishments within hospitals, convenience stores and food service establishments within hotel, office and industrial complexes.

"Affordable housing price" means a sales price at which low-income or very low-income households as defined by the State Department of Housing and Community Development can qualify for the purchase of for-sale inclusionary units, based on thirty percent of the very low- or low-income standard. For purposes of this calculation, housing expenses shall include mortgage principal and interest, taxes, insurance, and assessments.

"Affordable rent" means, for a unit whose occupancy is intended for a low-income household, that the monthly rent consists of a maximum of one-twelfth of thirty percent of eighty percent of the median income applicable to the city of Anderson as determined by the State Department of Housing and Community Development. For a unit whose occupancy is intended for a very low-income household that the monthly rent consists of a medium of one-twelfth of thirty percent of fifty percent of the median income for the city of Anderson as determined by the State Department of Housing and Community Development

"Arcade" means a roofed or built structure, extending over the sidewalk or square, open to the street except for supporting columns, piers, or arches. Residential or office units may occupy the space over the arcade.

"Art, antique, collectible and gift sales" means retail sales uses including antique shops, art galleries, curio, gift, and souvenir shops, and the sales of collectible items including sports cards and comic books. Stores selling handcrafted items that are produced on the site are instead defined as "Artisan shops."

"Artisans/craft product manufacturing" means establishments manufacturing and/or assembling small products primarily by hand, including jewelry, pottery and other ceramics, as well as small glass and metal art and craft products.

"Artisan shops" means retail stores selling art, glass, ceramics, jewelry, and other handcrafted items, where the facility includes an area for the crafting of the items being sold.

"Automated teller machines (ATMs)" means computerized, self-service machines used by banking customers for financial transactions, including deposits, withdrawals and fund transfers, without contact with financial institution personnel. The machines may be located at or within banks, or other locations.

"Banner" means any sign of lightweight fabric or similar material that is mounted to a pole, a wire or a building at one or more edges. Flags shall not be considered banners.

"Bed and breakfast inn (B&B)" means residential structures with one family or resident-manager in permanent residence with up to five bedrooms rented for overnight lodging, where meals may be provided subject to applicable health department regulations. A bed and breakfast inn with more than five guest rooms is considered a hotel or motel.

"Broadcasting studio" means commercial and public communication uses including radio and television broadcasting and receiving stations and studios, with facilities entirely within buildings. Transmission and receiving apparatus, including antennas and towers, are included under the definition of "Telecommunications facilities."

"Bulletin board" means a sign of permanent character, but with removable letters, words, numerals or symbols, indicating the names or persons associated with, or events conducted upon, or products or services offered upon, the premises upon which such a sign is maintained.

"Business establishment" means any individual person, nonprofit organization, partnership, corporation, other organization or legal entity holding a valid occupational license and occupying distinct and separate physical space.

"Business services" means establishments that provide services to other businesses. Examples of these services include the following; blueprinting, computer-related services (rental, repair), copying and quickprinting services, film processing and photo finishing (retail), protective services (other than office related), security systems services.

"Changeable message" means a portion of a sign [on] which message copy is changed manually or automatically in the field through the utilization of attachable letters, numbers, symbols, and other similar characteristics.

"Civic land use" means land use involving organizations considered to support the common good. Uses include government, educational, cultural, social, service, and religious not-for-profit organizations.

"Clubs, lodges, and private meeting halls" means permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interest of the members, including facilities for the following: business associations, civic, social and fraternal organizations, labor unions and similar organizations, political organizations, professional membership organizations, and other membership organizations

"Community support uses." Community support uses include public agency offices, religious institutions, civic clubs, lodges, community centers, youth or senior centers, educational and skills training facilities, museums, or other civic and nonprofit activities.

"Development standards." The development standards establish the basic parameters governing building construction, including the envelope for building placement in three dimensions.

"Discount store" means a retail establishment that sells new surplus or nonsurplus goods at a price lower than the original or manufacturers suggested retail price.

"Double-faced sign" means a sign which has two display surfaces backed against the same background, one face of which is designed to be seen from one direction and the other from the opposite direction, every point on each face being either in contact with the other face or in contact with the same background.

"Drive-up window" means a facility where food and other products may be purchased or services may be obtained by motorists without leaving their vehicles. Examples of these facilities include fast-food restaurants, drive-through coffee, dairy product, photo stores, pharmacies, drive-through bank teller windows, drive-through dry cleaners, etc.

"Duplex" means a residential structure under single ownership containing two dwellings.

"Entertainment services" means land uses in which crowds view and/or participate in live or projected performances, spectator sports, gaming, rides, or other active amusement involving an audience and/or participation in the use of amusement devices or games.

"Equipment rental" means service establishments with outdoor storage/rental yards, which may offer a wide variety of materials and equipment for rental, including construction equipment.

"Façade" means the side of a building below the eaves.

"Façade rhythm" means a relatively uniform building pattern (such as building width, spacing of openings, or story height) that creates a familiar pattern and helps to visually tie the streetscape together.

"Farmers market" means a temporary outdoor gathering of individual retailers primarily focused on the sale of fresh produce, but also including other foods, beverages, handicrafts, art objects and other items.

==> picture [156 x 105] intentionally omitted <==

"Flag" means any fabric, banner or bunting containing distinct colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, business, or other entity.

==> picture [96 x 60] intentionally omitted <==

"Gallery" means a frontage wherein the façade is aligned close to the frontage line with an attached shed or a series of lightweight columns overlapping the sidewalk.

"Grade" means the ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

"Green" means an open space, available for unstructured recreation. A green shall be spatially defined by landscaping. Its landscape shall consist of lawn and trees, naturalistically disposed.

"Health/fitness facilities" means fitness centers, gymnasiums, health and athletic clubs including any of the following: indoor sauna, spa or hot tub facilities; indoor tennis, handball, racquetball, archery and shooting ranges and other indoor sports activities.

"Heliport" means a designated, marked area on the ground or the top of a structure where helicopters may land at any time.

"Household pets" means the keeping/raising of birds, cats, dogs or other common household pets, as determined by the planning director, accessory to a residential use.

"Iconographic monumentation" means a fixed object or objects or signage with words, symbols, and/or illustrations signifying the district and important tenets of the district's identity.

"Indoor amusement/entertainment facilities" means establishments providing indoor amusement and entertainment services for a fee or admission charge, including the following: bowling alleys, coin-operated amusement arcades, dance halls, clubs and ballrooms, electronic game arcades, ice skating and roller skating, and pool and billiard rooms as primary uses. Four or more electronic games or coin-operated amusements in any establishment, or in a premises where fifty percent or more of the floor area is occupied by amusement devices, are considered an electronic game arcade as described above, three or less machines are not considered a land use separate from the primary use of the site.

"Libraries and museums" means public or quasi-public facilities including aquariums, arboretums, art exhibitions, botanical gardens, historic sites and exhibits, libraries, museums, and planetariums which are generally noncommercial in nature.

"Live-work facilities" means an integrated housing unit and working space, occupied and used by a single household in a structure, either single-family or multifamily, that has been designed or structurally modified to accommodate joint residential occupancy and work activity, and which includes the following: a complete kitchen space and sanitary facilities in compliance with the city building code; and working space reserved for and regularly used by one or more occupants of the unit.

"Livestock raising" means the breeding and keeping of farm animals, whether for commercial or hobby purposes.

"Mixed-use development" refers to the practice of containing more than one type of use in a building or set of buildings. In zoning terms, this can mean some combination of residential, commercial, industrial, office, institutional, or other uses. Horizontal mixed use means that people can walk from one use to another. Vertical mixed use means that the different uses are combined in one building.

"Mixed-use building" means a building which includes at least two different primary uses, usually with one use on the ground floor and the other(s) on above floors. The most common types of mixed-use building have retail and/or commercial services on the ground floor with either office or residential uses on above floors.

"Multifamily dwelling" means a building or a portion of a building used and/or designed as residences for five or more families living independently of each other. Includes apartments (five or more units under one ownership in a single building), townhouse development (five or more attached single-family dwellings where no unit is located over anther unit), and senior citizen multifamily housing.

"Multitenant building" means a building where more than one business may be located above the first story or otherwise be without frontage on a public right-of-way.

"Nightclubs and bars" means any bar, cocktail lounge, discotheque, or similar establishment which provides live entertainment (music and/or dancing, comedy, etc.) in conjunction with alcoholic beverage sales, which are not part of a larger restaurant. Includes bars, taverns, pubs and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May also include beer brewing as part of a microbrewery.

"Parapet" means a low protective wall or railing along the edge of a raised structure such as a roof or balcony.

"Park" means a natural preserve available for unstructured recreation. A park may be independent of surrounding building frontages. Its landscape shall consist of paths and trails, meadows, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors.

"Pedestrian orientation" means any physical structure or place with design qualities and elements that contribute to an active, inviting and pleasant place for pedestrians including, but not limited to, the following: street furniture; design amenities related to the street level such as awnings, paseos, arcades; visibility into buildings at the street level; highly articulated façades at the street level with interesting uses of material, color, and architectural detailing; continuity of the sidewalk with a minimum of intrusions into pedestrian right-of-way; continuity of building façades along the street with few interruptions in the progression of building and stores; signage oriented and scaled to the pedestrian rather than the motorist; and landscaping.

"Pedestrian-oriented use" means a use which is intended to encourage walk-in customers and which generally does not limit the number of customers by requiring appointments or otherwise excluding the general public. A pedestrian-oriented use provides spontaneous draw from sidewalk and street due to intense and surprising visual interest, high customer turnover and intense social interaction.

"Pedestrian scale" means a relationship of buildings, streets, and other improvements which results in a high level of comfort for pedestrians.

"Pinnacle" means a small tower or spire on a roof or buttress.

"Playground" means an open space designed and equipped for the recreation of children. A playground shall be fenced and may include an open shelter. Playgrounds shall be interspersed within residential areas

and may be placed within a block. Playgrounds may be included within parks and greens.

"Plaza" means an urban open space, constructed entirely or largely of hard-surfaced paving blocks, stone, brick, or similar materials, framed on at least two sides by the vertical rise of building walls; occasionally framed by closely planted large, maturing trees in lieu of buildings. Available for civic purposes and commercial activities.

"Residential accessory uses and structures" means any use and/or structure that is customarily a part of, and clearly incidental and secondary to, a residence and does not change the character of the residential use. These uses include the following detached accessory structures, and other similar structures normally associated with a residential use of property: garages, gazebos, greenhouses, spas and hot tubs, storage sheds, studios, swimming pools, tennis and other onsite sport clusters, and workshops.

==> picture [120 x 79] intentionally omitted <==

Also includes the indoor storage of automobiles (including their incidental restoration and repair), personal recreational vehicles and other personal property, accessory to a residential use. Includes home satellite dishes and other receiving antennas for earth-based TV and radio broadcasts.

"Site coverage" means the percentage of total site area occupied by structures and paving for vehicle use. Structure/building coverage includes the primary structure, all accessory structures (e.g., carports, garages, patio covers, storage sheds, trash dumpster enclosures, etc.) and architectural features (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc.). Structure/building coverage is measured from exterior wall to exterior wall. Pavement coverage includes areas necessary for the ingress, egress, outdoor parking, and circulation of motor vehicles.

"Stoop" means a small porch, platform, or staircase leading to the entrance of a house or building.

"Streetscape" means the urban element that establishes the major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building façades and elevations, porches, yards, fences, and awnings) and the amenities of the public frontages (street trees, plantings, benches, and streetlights).

"Terrace" means an open, often paved, area adjacent to a house serving as an outdoor living space; a patio.

"Turret" means a small tower or tower-shaped projection on a building.

"Universal design." Universal design, which is related to "inclusive design" and "design for all," is an approach to the design of products, services and environments to be useable by as many people as possible regardless of age, ability or circumstance. Universal design strives to be a broad-spectrum solution that helps everyone, not just people with disabilities. Moreover, it recognizes the importance of how things look. Examples of universal design are as follows: smooth ground surfaces of entranceways, without stairs; wide interior doors and hallways; lever handles for opening doors rather than twisting knobs; light switches with large flat panels rather than small toggle switches.

"Zero lot line" means the location of a building on a lot in such a manner that one or more building sides rests directly on a lot line.

(Ord. No. 766, § 2(Exh. B), 6-15-2010)

==> picture [408 x 528] intentionally omitted <==

Chapter 17.34 - REDDING AIRPORT SPECIFIC PLAN COMBINING DISTRICT (ASP)

The city of Anderson declares that the ASP district is intended to accomplish the following:

A.

To recognize the importance of the Redding Municipal Airport (airport) as a regional transportation facility and to prevent incompatible development in the vicinity;

B.

To protect the health, safety and welfare of persons residing and working within the area of airport influence;

C.

To comply with applicable federal and state regulations and standards as they relate to the subjects of noise and safety to assure compatibility of uses in and around the airport;

D.

To compile all references to standards, ordinances and policies concerning the airport in one ordinance;

E.

To implement standards and policies adopted by Specific Plan No. 2-82 (airport plan) for the Redding Municipal Airport.

(Ord. 515 § 1 Exh. A (part), 1987)

17.34.020 - Application.

A.

The following regulations in this chapter apply in all combined districts that include the ASP district and prevail over any conflicting regulation of any principal or combined district with which the ASP district is combined.

B.

It is the intent of the city of Anderson that whenever this district is combined with any principal or combined zone district, the policies and standards of the Redding Municipal Airport Specific Plan, Specific Plan No. 2-82 (airport plan) shall prevail over any zoning or other ordinances or regulations which may conflict with the standards and policies of the airport plan.

C.

The ASP district may be combined with all zone districts applied to land within the boundary of the airport plan.

(Ord. 515 § 1 Exh. A (part), 1987)

For the purpose of the ASP district, whenever the terms listed in this subsection are used in the airport plan they shall mean the following:

A.

"Building maintenance service" means a business which provides upkeep of residential, commercial or industrial buildings or grounds similar in character and impact to window cleaning, disinfecting or exterminating, janitorial, chimney cleaning or grounds maintenance activities.

B.

"Business support service" means a business which provides technical or clerical assistance similar in character and impact to direct mail advertising, blueprinting or photocopying, duplicating or mimeographing, letter writing, stenography or typing, temporary help or telephone message services to other businesses.

C.

"Communications service" means businesses engaged in activities similar in character and impact to telephone or telegraph communications, radio or television broadcasting or cablevision.

D.

"Consumer repair service" means a business engaged in activities similar in character and impact to radios and television repair, refrigeration and air conditioning service, appliance repair, watch, clock or jewelry repair or furniture upholstery or repair.

E.

"Laundry service" means laundry or garment services similar in character and impact to commercial laundries, garment pressing, agents for launderies and dry cleaners, diaper service or linen supply. Industrial launderers and carpet and upholstery cleaning plants are not included.

F.

"Light manufacturing" means the fabrication or assembly of products using materials that are generally in a processed form or the casting or molding of products from metals or plastics when the activities do not have nuisance features due to unacceptable emissions of noise, dust, odors, smoke, bright lights, vibration or involve dangerous or explosive materials and they are conducted wholly within a building.

G.

"Manufacturing" means light manufacturing activities other than those represented by the definition of "light manufacturing" in subsection F of this section, which may be objectionable due to the potential for creation of noise, dust, odor, smoke or vibration or which involve outdoor storage of parts or materials.

H.

"Personal service" means a business providing services similar in character and impact to a barber, beautician, cosmetologist, cobbler or tailor.

I.

"Personal improvement service" means businesses or schools similar in character and impact to those engaged in providing training for personal activities such as automobile driving, vocational or trade training or arts or music appreciation.

J.

"Processing" means the compounding of products including the cleaning, handling, or packaging thereof, when the activities do not emit an unacceptable or injurious level of noise, dust, odors, smoke, bright lights, vibration or involve dangerous or explosive materials and they are conducted wholly within a building.

K.

"Recycling center" means establishments primarily engaged in assembling, breaking up, sorting and shipping of scrap metal, paper or glass products. This category does not include auto dismantling or metal salvage or storage operations or wet paper processing activities.

L.

"Retail sales" means accessory retail sales that are clearly subordinate, incidental and related to an approved or permitted primary use.

(Ord. 515 § 1 Exh. A (part), 1987)

17.34.040 - Airport hazards zoning ordinance effect.

The provisions of the "Redding Municipal Airport Hazard Zoning Ordinance" (airport hazards ordinance), Chapter 17.33 are declared to be a part of the ASP combining district. In the case where conflict occurs as a result of this section, the more stringent regulations apply.

(Ord. 515 § 1 Exh. A (part), 1987)

All uses permitted without a use permit in the zone district with which the ASP district is combined in addition to those uses permitted in the respective airport plan designation, provided that no use shall be permitted, and no use shall be operated or maintained in any manner that conflicts with the policies, standards or regulations of the airport hazards ordinance.

(Ord. 515 § 1 Exh. A (part), 1987)

All uses permitted with a use permit in the principal or combined zone district with which the ASP district is combined, in addition to those uses requiring a use permit in the respective airport plan designation, provided that no use permit shall be issued for any use the operation or maintenance of which will conflict with the policies, standards or regulations of the airport plan or the airport hazards ordinance.

(Ord. 515 § 1 Exh. A (part), 1987)

Development standards of a principal or combined district for or pertaining to required site area and dimensions, structures, parking and loading facilities, landscaping, screening, signs, and outdoor storage apply in any combined district that includes the ASP district; provided, that no dimension or limitation or standard shall conflict with the policies, standards or regulations of the airport hazards ordinance.

A.

Yard and Landscaping Requirements.

1.

No structure, except identification signs as listed in the airport plan, shall be built or placed within the front yard or side yard facing a street or on a corner. Walkway and driveway openings and improvements are not included in this limitation. Also excluded from this limitation are parking areas located beyond the required landscaped area.

2.

Landscaping and screening shall be placed as required by the airport plan; provided that for development sites with lot frontage on Airport Road, a ten-foot-wide strip adjacent to and measured from the front property line, shall be landscaped with living plant materials. The living plant material shall include trees of a species and type suited to the area climate zone planted forty feet on center with a minimum of three trees per lot. Any portion of a front yard area not improved and used for parking shall be landscaped. Nonplant landscaping materials may be used.

3.

All vegetative areas shall be provided with an adequate and permanent watering system and all planted materials shall be maintained in a living condition.

4.

All landscaped areas shall have the perimeter enclosed by either a concrete curb having a minimum height of six inches or a wooden frame constructed from materials such as railroad ties or other heavy lumber materials which measure no less than six inches in diameter or six inches square.

5.

All plant material within a thirty-foot-triangle at the intersection of two streets and a fifteen-foot triangle at the intersection of driveways and streets shall be no more than two feet in height above the curb level.

B.

Signs and Lighting.

1.

All signs shall be unlighted or have indirect illumination in which the light source is from within the sign cabinet or from an outside fixture which distributes the light evenly on the sign.

2.

All outside trash storage and collection facilities shall be enclosed by a solid masonry wall or viewobscuring fence not less than six feet in height. The maximum height of the screening shall not exceed one foot above the height of the trash receptacle.

C.

Outdoor Storage and Trash Storage Areas.

1.

All outdoor storage areas shall be screened from public view by fencing of a height and type described in the "Landscaping and Screening" section of the applicable airport plan designations and subsection D of this section.

2.

All outside trash storage and collection of facilities shall be enclosed by a solid masonry wall or viewobscuring fence not less than six feet in height. The maximum height of the screening shall not exceed one foot above the height of the trash receptacle.

D.

Fencing.

1.

When fencing or buffering is required by the airport plan to separate commercial or industrial uses which adjoin a residential district, it shall be constructed of materials and located in the manner specified by the plan.

2.

When fencing is otherwise required, it shall be constructed and located in accordance with the standards of the combined zone district or other applicable zoning plan regulations.

F.

Development Plan. For areas designated by the airport plan as agricultural, residential or greenway, the planning director may waive the requirements for a development plan required by any combined district if he finds that it is not necessary to accomplish the objectives of the plan.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.35 - PLANNED DEVELOPMENT (P-D/R-2)

The regulations in this chapter shall apply exclusively to the property defined within this planned development district known as the Lau Condominiums. The planned development district is consistent with the medium density residential designation of the general plan. The purpose of the Lau Condominium planned development zone district is to provide flexible development regulations combined with the multifamily residential zone district that preserves the community by encouraging compact, well-defined living spaces near the central business district. The plan seeks to provide common space and encourages clustering of housing development as a means to reduce the impacts of sprawl while achieving a unique housing type for the city of Anderson. This planned development zone district shall be applicable for the area described as Exhibit A, Lau Condominium Site Plan.

Integral to the design of this project is the use of common space, recreational facilities (pool, clubhouse, etc.) and a trail system that closes the gap to the existing trail system between the Ravenwood Subdivision and North Street. Design of the homes accents the area.

(Ord. 741 (part), 2006)

17.35.020 - Uses permitted.

The following uses are permitted in this planned development district:

A.

Seventy townhouse type single-family dwellings;

B.

Accessory uses normally incidental to single-family residences;

C.

No provision is to be construed as permitting any commercial uses, including the storage or parking of commercial vehicles in excess of one-and-one-half-ton carrying capacity, except private-passenger type vehicles;

D.

Home occupation meeting the requirements of Section 17.60.020;

E.

Small family care home (see Section 17.04.350);

F.

Small child day care use (see Section 17.04.240);

G.

Family pets, excluding raising or maintaining livestock.

(Ord. 741 (part), 2006)

A.

Condominium project shall be developed as depicted in Exhibit A, Lau Condominiums. Minor modifications may be approved by the planning director to provide for unique lot shapes or building orientation.

(Ord. 741 (part), 2006)

17.35.040 - Maximum building height and residential density.

A.

Building height limits shall be:

1.

Dwellings, thirty feet;

2.

Accessory building, thirty feet.

B.

Residential Density.

1.

The residential density shall be nine dwelling units per acre.

(Ord. 741 (part), 2006)

17.35.050 - Parking.

A.

Off-Street. Minimum of one garaged and one uncovered off-street parking spaces shall be provided for each housing unit.

B.

On-Street.

1.

No parking shall be permitted on the access roads and alleys within the project.

2.

Recreational vehicle may not be parked more than eight hours in any twenty-four hour period within the project boundaries or along adjacent street frontages.

(Ord. 741 (part), 2006)

Fences, shrubs and plantings shall be provided in accordance with the design of the project as described in Exhibit C, Lau Condominiums Conceptual Planting Plan.

(Ord. 741 (part), 2006)

Except as modified by the city public works director as needed to ensure safe and efficient traffic through the project, the private interior roads and alley widths shall be as follows:

A.

Main interior circulation road, twenty-four feet;

B.

Interior alley between units 43-50 and units 51-61, eighteen feet;

C.

Exterior alley, twenty-two feet;

D.

Emergency access to North Street, sixteen feet;

E.

Main entry, a divided drive with two twenty-foot wide lanes.

(Ord. 741 (part), 2006)

This project is subject to design review to ensure compliance with the design standards portrayed in Exhibit B-1, B-2, B-3 and B-4, Site Plans and Elevations for the Lau Condominium. The planning director is authorized to approve minor modifications to the site plan and elevation, provided aesthetic and functional equivalent is proposed. Any other modifications may be considered through a use permit application with approval of the planning commission.

(Ord. 741 (part), 2006)

Chapter 17.36 - REDDING MUNICIPAL AIRPORT HAZARD ZONING ORDINANCE

This chapter is adopted pursuant to the authority conferred by California State Airport Approaches Zoning Law. It is found that an airport hazard endangers the lives and property of users of Redding Municipal Airport, and property or occupants of land in its vicinity, and also, if of the obstruction type, in effect reduces the size of area available for the landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of Redding Municipal Airport and the public investment therein. Accordingly, it is declared:

A.

That the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Redding Municipal Airport;

B.

That it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented; and

C.

That the prevention of these hazards should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

It is further declared that both the prevention of the creation or establishment of airport hazards and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivision may raise and expend public funds and acquire land or interests in land.

(Ord. 515 § 1 Exh. A (part), 1987)

17.36.020 - Definitions.

As used in this chapter, unless the context otherwise requires:

A.

"Airport" means the Redding Municipal Airport.

B.

"Airport elevation" means the highest point of an airport's usable landing area measured in feet from mean sea level.

C.

"Airport hazard" means any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

D.

"Airport reference point" means the point established as the approximate geographic center of the airport landing area and so designated.

E.

"Airport zoning commission" means a commission consisting of the members of the city of Anderson planning commission.

F.

"Approach, Transitional, Horizontal, and Conical Zones. These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in Federal Aviation Regulation, Part 77.

G.

"Board of adjustment" means a board consisting of the city council of the City of Anderson.

H.

Height. For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

I.

"Nonconforming use" means any preexisting structure, object or natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.

J.

"Person" means an individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

K.

"Precision instrument runway" means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan or any other FAA planning document.

L.

"Primary surface" means a surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planning hard surface, the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

M.

"Runway" means a designated area on an airport prepared for landing and takeoff of aircraft along its length.

N.

"Stol primary surface" means an imaginary plane, three hundred feet wide, centered on the runway. Its length extends one hundred feet beyond each runway end. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

O.

"Structure" means an object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks, earth formation, and overhead transmission lines.

P.

"Tree" means any object of natural growth.

Q.

"Utility runway" means a runway that is constructed for and intended to be used by propeller-driven aircraft of twelve thousand five hundred pounds maximum gross weight and less.

R.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures with no straight-in-instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan or by any planning document submitted to the FAA by competent authority.

(Ord. 515 § 1 Exh. A (part), 1987)

In order to carry out the provisions of this chapter, there are created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on Redding municipal airport hazard zoning map consisting of one sheet, prepared by the Shasta County Planning commission, and dated January, 1973, which is attached to the ordinance codified in this title, one copy of which is on file in the city planning department, and made a part thereof. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are established and defined as follows:

A.

Precision Instrument Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is one thousand feet wide. The approach zone expands outward uniformly to a width of sixteen thousand feet at a horizontal distance of five thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

B.

Visual Runway Approach Zone. The inner edge of this approach zone coincides with the width of the primary surface and is five hundred feet at the horizontal distance of five thousand feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

C.

Transitional Zones. These zones are established as the area beneath the transitional surfaces. These surfaces extend outward and upward at ninety degree angles to the runway centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of five thousand feet measured horizontally from the edge of the approach zones and at ninety degree angles to the extended runway centerline.

D.

Horizontal Zone. The horizontal zone is established by swinging arcs of ten thousand feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

E.

Conical Zone, the conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of four thousand feet. The conical zone does not include the precision instrument approach zones and the transitional zones.

(Ord. 515 § 1 Exh. A (part), 1987)

Except as otherwise provided in this chapter, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this chapter to a height in excess of the applicable height limit herein established for such zone. Such applicable height limitations are established for each of the zones in question as follows:

A.

Precision instrument runway approach zone: Slopes upward fifty feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand feet along the extended runway centerline; thence slopes upward forty feet horizontally for each foot vertically to an additional horizontal distance of forty thousand feet along the extended runway centerline.

B.

Visual runway approach zone: Slopes upward twenty feet horizontally for each one foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of five thousand feet along the extended runway centerline.

C.

Transitional zones: slopes upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of one hundred fifty feet above the airport elevation which is five hundred feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven feet horizontally for each foot vertically beginning at the sides of and at the same elevation as precision instrument runway approach surface, and extending to a horizontal distance of five thousand feet measured at ninety degree angles to the extended runway centerline.

D.

Horizontal zone: one hundred and fifty feet above the airport elevation or a height of six hundred fifty feet above mean sea level.

E.

Conical zone: slopes upward and outward twenty feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred fifty feet above the airport elevation and extending to a height of three hundred fifty feet above the airport elevation.

F.

Excepted Height Limitations. Nothing in this chapter shall be construed as prohibiting the growth, construction, or maintenance of any tree or structure to a height upon to fifty feet above the surface of the land.

Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail.

(Ord. 515 § 1 Exh. A (part), 1987)

Notwithstanding any other provisions of this chapter, no use may be made of land or water within any zone established by this chapter in such a manner as to create electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. 515 § 1 Exh. A (part), 1987)

17.36.060 - Nonconforming uses.

A.

Regulations Not Retroactive. The regulations prescribed by this chapter shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a

nonconforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted.

B.

Marking and Lighting. Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is required to permit the installation, operation, and maintenance thereon of such markers and lights as shall be deemed necessary by the county to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the city of Redding.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Future Uses. No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefor shall have been applied for and granted.

1.

However, a permit for a tree or structure of less than seventy-five feet of vertical height above the ground shall not be required in the horizontal conical zones or in any approach and transitional zones beyond a horizontal distance of four thousand two hundred feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

2.

Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

B.

Existing Uses. no permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

C.

Nonconforming Uses Abandoned or Destroyed. Whenever the county determines that a nonconforming tree or structure has been abandoned or more than eighty percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

D.

Variances. Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use his property not in accordance with the regulations prescribed in this chapter, may apply to the board of adjustment for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary harship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this chapter.

E.

Hazard Marking and Lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this chapter and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the city of Redding, at the expense of the permittee, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

(Ord. 515 § 1 Exh. A (part), 1987)

Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

(Ord. 515 § 1 Exh. A (part), 1987)

17.36.090 - Severability.

If any of the provisions of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.38 - HILLSIDE SLOPES COMBINING DISTRICT (H-S)

The regulations in this chapter shall apply in all districts which are combined with the hillside slopes combining district, in addition to the regulations specified for such combined district, and shall be subject to the provisions of Chapter 17.02; provided, however, that if any of the regulations specified in this title for any district with which an A-S district is combined, then in such case the provision of this chapter shall govern.

(Ord. 515 § 1 Exh. A (part), 1987)

The following uses are permitted:

A.

All uses which occur on land which has a slope of less than ten percent and which are not otherwise prohibited by the provisions of the combined zone;

B.

All uses which do not increase the impermeable improvements on slopes in excess of ten percent beyond that allowed in Section 17.38.040 and which are not otherwise prohibited by the provisions of the combined zone.

(Ord. 515 § 1 Exh. A (part), 1987)

Uses permitted, subject to first obtaining a use permit, are all other uses permitted in the respective districts with which the HS-S district is combined, which increase the percentage of land covered by impermeable improvements beyond that allowed in Section 17.34.040.

(Ord. 515 § 1 Exh. A (part), 1987)

At the determination of the planning direction, the application for a use permit must be accompanied by a combined in-depth geological and soils investigation and report prepared by a registered geologist certified by the state as an engineering geologist, or, at the option of the planning director, a licensed civil engineer qualified in soil mechanics. Such report shall be based on surface, subsurface and laboratory investigations and examinations and shall fully and clearly present:

A.

All pertinent data, interpretations and evaluations;

B.

The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use, and with respect to the effect upon future geological processes both on-site and off-site;

C.

Recommendations for any additional investigations that should be made.

All costs and expenses incurred as a result of the requirements of this section, including the costs and expense of an independent review of the material submitted hereunder by qualified persons retaintained by

the city, shall be borne by the applicant. The above may submitted as part of a draft environmental impact report or separately.

(Ord. 515 § 1 Exh. A (part), 1987)

The following table is to be used to determine permitted lot size and lot coverage by impermeable improvements based on slope of the site:

No development on slopes exceeding thirty percent shall be allowed.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.40 - PRIMARY FLOODWAYS (F-1) AND SECONDARY FLOODWAYS (F-2) COMBINING DISTRICTS

Primary and secondary floodway districts are restrictive flood zones and shall be combined with other districts when necessary. All uses and developments permitted under this chapter must also conform to the requirements of Chapter 15.22.

(Ord. 515 § 1 Exh. A (part), 1987)

Permitted uses:

A.

Flood control channels and flood control works constructed by a state or federal agency, the city or the Shasta County department of water resources;

B.

Crop farming, truck gardening, orchards, viticulture, livestock grazing and other agricultural uses which are of similar nature and do not restrict significantly the carrying capacity of the designated floodway;

C.

Public roads, bridges, diversion drains and public utility transmission towers, poles, lines and underground pipelines designed and constructed so as not to be appreciably damaged by flooding and not to significantly restrict the carrying capacity of the floodway;

D.

Recreational uses not involving significant landfill or excavation of natural material.

(Ord. 515 § 1 Exh. A (part), 1987)

17.40.030 - Primary floodways (F-1) uses permitted with a use permit.

The following are uses permitted subject to first securing a use permit in each case; provided, however, that no permit shall be given for any works which may significantly restrict the carrying capacity of the designated floodway or offer risk to life or property from floods:

A.

Public utility structures and permanent structures appurtenant to any use permitted in this chapter;

B.

Excavation of natural materials, filling of land areas, construction of levees, dikes or related structures.

(Ord. 515 § 1 Exh. A (part), 1987)

17.40.040 - Secondary floodways (F-2) permitted uses.

Permitted uses shall be those which are allowable in the district with which the F-2 district is combined, provided that it meets the standards in Section 15.22.080.

(Ord. 663 § 1, 1997; Ord. 515 § 1 Exh. A (part), 1987)

17.40.050 - Secondary floodways (F-2)—permitted with a use permit.

Uses permitted, subject to first securing a use permit are: Allowable improvements, building and structures which do not meet the requirements of subsection A in Section 17.40.040 but will be designed, constructed and located so as to avoid substantial risk to life or property from floods.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.41 - ANIMAL KEEPING COMBINING DISTRICT (A)

17.41.010 - Applicability of regulations.

The regulations in this chapter shall apply in all districts which are combined with the animal keeping combining district, and shall be subject to the provisions of Chapter 17.02.

(Ord. 515 § 1 Exh. A (part), 1987)

17.41.020 - Uses permitted.

The following uses are permitted in areas designated with this combining district:

A.

The keeping, raising or housing of animals, provided:

1.

It is conducted by the occupants or leasees of the property on which they are located;

2.

Incidental and accessory to the primary use of the property;

3.

Not for commercial purposes.

B.

The numbers and densities of animals shall be in compliance with Section 17.14.045 of this title.

(Ord. 515 § 1 Exh. A (part), 1987)

17.41.030 - Uses permitted subject to use permit.

The following uses are permitted subject to obtaining a use permit:

A.

Animals in addition to that permitted in Section 17.14.045.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.42 - UNCLASSIFIED (U)

The regulations of this chapter shall apply in all unclassified districts and shall be subject to the provisions of Chapter 17.02. The unclassified designation shall be applied as a holding district until a precise principal zone district has been adopted for the property. All new uses in this district shall be consistent with all applicable policies of the general plan and any adopted specific plans.

(Ord. 515 § 1 Exh. A (part), 1987)

All lawful uses, provided that a use permit shall first be secured for any use to be established in any U district.

(Ord. 515 § 1 Exh. A (part), 1987)

Requirements for building height limits, site area, yards, parking, signs, and loading area as applicable, shall be as specified in the use permit granted in each particular use.

(Ord. 515 § 1 Exh. A (part), 1987)

17.42.040 - Change of U district to other zoning classification.

A.

Rezoning of U or unclassified districts shall be by procedures established for rezoning.

B.

No portion of the city shall be permitted to remain in the U or unclassified district for a period greater than two years after such district becomes a part of the incorporated area of the city.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.43 - RESIDENTIAL DENSITY BONUS

The purpose of this chapter is to establish policies that implement state housing law under California Government Code Section 65915 through 65918, as may be amended from time to time. Residential density bonuses provide incentives consistent with state law, for the construction of housing units that are affordable to very low-, low-, and moderate-income persons and families. Further, it serves to provide incentives for the construction of housing units that are of unique design quality and configuration (e.g., clustered housing).

A density bonus is an increase over the otherwise maximum residential density allowable under the zoning ordinance and the general plan. It provides developers an opportunity to increase the number of units within a proposed residential development in exchange for including within the project a specified number of units that are affordable to very low-, low-, or moderate-income persons and families and/or units that are of unique design quality and configuration. State law also allows the city to provide incentives other than, or in addition to, an increase in density for affordable housing if requested by an applicant. Accordingly, the purposes of this chapter are to:

1.

Establish procedures for allowing an increase in density above the maximum residential density allowed by the general plan and zoning ordinance.

2.

Provide for flexibility in applying zoning regulations and development standards in order to facilitate the development of affordable housing and/or housing of unique design quality and configuration.

Provide incentives to developers to encourage the inclusion of affordable housing within residential projects.

4.

Encourage architectural diversity in order to avoid monotonous and repetitive subdivision design and appearance.

5.

Preserve and enhance neighborhood appearance through creative building design, use of materials, landscaping, and street layout.

6.

Achieve compatibility within the subdivision design and surrounding neighborhoods.

7.

Implement the goals and policies of the general plan relative to providing housing opportunities and meeting community housing needs.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

17.43.020 - Definitions.

For the purposes of this chapter, the following words and phrases shall have the following meanings;

"Affordable housing agreement" means a legally binding agreement between a developer and the city to ensure that the requirements of this chapter are satisfied. The agreement, among other things, shall establish: the number of affordable units, their size, location, terms and conditions of affordability, and production schedule.

"Additional incentives" means such regulatory concessions as specified in California Government Code Subsections 65915(d) and (h) to include, but not be limited to, the reduction of site development standards or zoning code requirements, direct financial assistance, approval of mixed use zoning in conjunction with the housing development, or any other regulatory incentive that would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus.

"Affordable rent" means monthly housing expenses, including a reasonable allowance for utilities, for affordable units reserved for rent by very low-, low-, and moderate-income persons and families.

"Affordable sales price" means a sales price at which very low-, low- and moderate-income persons and families can qualify for the purchase of affordable units, calculated on the basis of underwriting standards of mortgage financing available for the development.

"Affordable unit" means a dwelling unit within a housing development which will be reserved for sale or rent to, and affordable to, very low-, low-, and moderate-income persons and families.

"Density bonus" means a density increase over the otherwise maximum permitted gross residential density under the land use element of the General Plan in accordance with Government Code Sections 65915 as they may be amended from time to time.

"Density bonus units" means those residential units granted pursuant to the provisions of this chapter which exceed the otherwise maximum residential density for the development site.

"Equivalent financial incentive" means a monetary contribution, based upon a land cost per dwelling unit value, equal to one of the following:

1.

A density bonus and an additional incentives); or

2.

A density bonus, where an additional incentives) is not requested or is determined to be unnecessary.

"Housing cost" means the sum of actual or projected monthly payments for all of the following associated with for-sale affordable units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees, and a reasonable allowance for utilities.

"Housing development" means construction projects consisting of five or more residential units, including single-family, multi-family, and mobile homes for sale or rent, pursuant to this chapter.

"Low-income" means less than eighty percent of the area median income as defined by Section 50079.5 of the California Health and Safety Code.

"Low-income unit" means a unit with an affordable rent or payment that does not exceed thirty-five percent of eighty percent of area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

"Lower income household" means households whose income does not exceed the lower income limits applicable to Shasta County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

"Market-rate unit" means a dwelling unit where the rent or sales price is not restricted either by this chapter or by requirements imposed through other local, state, or federal affordable housing programs.

"Maximum residential density" means the maximum number of residential units permitted by the general plan and zoning ordinance at the time of application, excluding the provisions of this chapter. If the housing development is within a planned development overlay zone, the maximum residential density shall be determined on the basis of the general plan and the maximum density of the underlying zone.

"Moderate-income" means less than one hundred twenty percent of the area median income as defined in Section 50093 of the California Health and Safety Code.

"Moderate-income unit" means a unit with an affordable housing cost that does not exceed thirty-five percent of one hundred twenty percent of area median income adjusted for family size appropriate for the unit as established by the State Department of Housing and Community Development.

"Qualifying resident" means senior citizens or other persons eligible to reside in senior citizen housing.

"Senior citizen housing" means a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq. including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100—430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51.3.1.

"Very low-income" means less than fifty percent of the area median income as defined in Section 50105 of the California Health and Safety Code.

"Very low-income unit" means a unit with an affordable rent or payment that does not exceed thirty percent of fifty percent of the area median income adjusted for family-size appropriate for the unit as established by the State Department of Housing and Community Development.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

17.43.030 - Implementation.

A developer of a housing development may qualify for a density bonus and other incentives as provided by this chapter if the developer does one of the following and complies Government Code Sections 65915(b) (1),(k), and (I):

1.

Agrees to construct and maintain at least ten percent of the total units of the housing development as units affordable to low-income households; or

2.

Agrees to construct and maintain at least five percent of the total units of the housing development as units affordable to very low-income households; or

3.

Agrees to construct and maintain a senior citizen housing development or a mobile home park that limits residency to senior citizens.

4.

At least ten percent of the total units for moderate-income households in a common interest development.

5.

A land donation that meets certain criteria.

6.

A student housing, residential care facilities for the elderly, transitional foster youths, disabled veterans, and homeless persons development that meets specific requirements.

7.

A one hundred percent affordable housing project that meets specific criteria.

The minimum number of density bonus units to be granted pursuant to this section for affordable housing by Government Code Section 65915(f) consistent with Section 17.43.050 of this Chapter.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

Affordable units should be constructed concurrently with market-rate units unless both the city and the developer agree within the affordable housing agreement to an alternative schedule for development.

Affordable units shall remain restricted and affordable to the designated group for a period of fifty-five years (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program), under the following circumstances:

1.

Both a density bonus and an additional incentive is granted; or

2.

An equivalent financial incentive equivalent to a density bonus and an additional incentive is granted.

In determining the maximum affordable rent or affordable sales price of affordable units the following household and unit size assumptions shall be used, unless the housing development is subject to different assumptions imposed by other governmental regulations:

SRO (residential hotel unit): 0.75 person

Zero-bedroom (studio): one person

One bedroom: two persons

Two bedrooms: three persons

Three bedrooms: four persons

Four bedrooms: six persons

Affordable units should be built on-site wherever possible and, when practical, be dispersed within the housing development. Where feasible, the number of bedrooms of the affordable units should be equivalent to the bedroom mix of the market-rate units of the housing development; except that the developer may include a higher proportion of affordable units with more bedrooms. The design and appearance of the

affordable units shall be compatible with the design of the total housing development. Housing developments shall comply with all applicable development standards, except those which may be modified as provided by this chapter.

Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one housing development to be produced and operated at an alternative development site. Where the developer and the city form such an agreement, the resulting linked developments shall be considered a single housing development for purposes of this chapter. Under these circumstances, the developer shall be subject to the same requirements of this chapter for the affordable units to be provided on the alternative site.

An affordable housing agreement shall be made a condition of the discretionary planning permits (e.g., tract maps, parcel maps, site plans, planned development or conditional use permits, etc.) for all housing developments pursuant to this chapter. The agreement shall be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed. To ensure units retain affordability during the time period of fifty-five years per Government Code Sections 65915—65918 as may be amended from time to time.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

The city may provide a density bonus and an additional incentive, for qualified housing developments, upon the written request of a developer.

The development incentives granted for affordable housing shall contribute significantly to the economic feasibility of providing the affordable units. Applicants seeking a waiver or modification of development or zoning standards shall show that such waivers or physical modifications are necessary to make the housing development feasible in accordance with Government Code Section 65915(e). This requirement may be satisfied by reference to applicable sections of the city's general plan.

The need for incentives will vary for different housing developments. Therefore, the allocation of additional incentives shall be determined on a case-by-case basis. The additional incentives may include, but are not limited to, any of the following:

1.

A reduction of site development standards or a modification of zoning code or architectural design requirements which exceed the minimum building standards provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, and as described in subdivisions (e) and (p) of Government Code Section 65915 as may be amended from time to time.

2.

Allow the housing development to include nonresidential uses and/or allow the housing development within a nonresidential zone.

Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reductions or avoidance.

4.

A density bonus based on the amount of which shall be specified in Government Code Section 65915(f).

5.

Waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, or traffic fees).

6.

Direct financial aid (e.g., redevelopment set aside, community development block grant funding) in the form of a loan or a grant to subsidize or provide low interest financing for on-site or off-site improvements, land or construction costs.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

An application pursuant to this chapter shall be processed concurrently with any other applications required for the housing development. Final approval or disapproval of an application, with right of appeal to the city council, shall be made by the planning commission unless direct financial assistance is requested. If direct financial assistance is requested, the planning commission shall make a recommendation to the city council, which will have the authority to make the final decision on the application.

An applicant/developer proposing a housing development pursuant to this chapter may submit a preliminary application prior to the submittal of any formal request for approval of a housing development. Applicants are encouraged to schedule a preapplication conference with the planning director or designated staff to discuss and identify potential application issues, including prospective additional incentives pursuant to Section 17.43.050. No charge will be required for the pre-application conference. A preliminary application shall include the following information:

1.

A brief description of the proposed housing development, including the total number of units, affordable units (as applicable), and density bonus units proposed.

2.

The zoning and general plan designations and assessor's parcel numbers of the project site.

3.

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout.

If an additional incentive is requested, the application should describe why the additional incentive is necessary to provide the affordable units, in accordance with Section 17.43.050.

Within ninety days of receipt of the preliminary application the city shall provide to an applicant/developer, a letter which identifies project issues of concern (the maximum financial assistance that the planning director can support when making a recommendation to the city council), and the procedures for compliance with this chapter.

The planning director shall inform the applicant/developer that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 17.43.050 shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the planning director, the recommendation shall establish how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

Editor's note— Ord. No. 866, § 3, adopted Feb. 17, 2026, amended the title of § 17.43.060 to read as herein set out. The former § 17.43.060 title pertained to application requirements and review.

Applicants/developers requesting a density bonus for affordable housing shall agree to enter into an affordable housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the planning director consistent with Government Code Section 65915, who shall formulate a recommendation to the planning commission for final approval.

Following execution of the agreement by all parties, the completed affordable housing agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of affordable units. The approval and recordation shall take place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for such parcels or units. The affordable housing agreement shall be binding to all future owners and successors in interest.

The affordable housing agreement shall include at least the following:

1.

The total number of units approved for the housing development, including the number of affordable units.

2.

A description of the household income group to be accommodated by the housing development, as outlined in Section 17.43.030, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost.

The location, unit sizes (square feet), and number of bedrooms of affordable units.

4.

Tenure of use restrictions for affordable units must be a minimum of fifty-five years in accordance with Section 17.43.040 of this chapter.

5.

A schedule for completion and occupancy of affordable units.

6.

A description of the additional incentive or equivalent financial incentive being provided by the city.

7.

A description of remedies for breach of the agreement by either party (the city may identify tenants or qualified purchasers as third party beneficiaries under the agreement).

8.

Other provisions to ensure implementation and compliance with this chapter.

A.

In the case of for-sale housing developments, the affordable housing agreement shall provide for the following conditions governing the initial sale and use of affordable units during the applicable use restriction period:

1.

Affordable units shall, upon initial sale, be sold to eligible very low- or lower-income persons and families at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter.

2.

Affordable units shall be initially owner-occupied by eligible very low- or lower-income persons and families, or by qualified residents in the case of senior citizen housing.

3.

The initial purchaser of each affordable unit shall execute an instrument or agreement approved by the city restricting the sale of the affordable unit in accordance with this chapter during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the affordable unit and shall contain such provisions as the city may require to ensure continued compliance with this chapter and the state density bonus law.

B.

In the case of rental housing developments, the affordable housing agreement shall provide for the following conditions governing the use of affordable units during the use restriction period:

1.

The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining affordable units for qualified tenants.

2.

Provisions requiring owners to verify tenant incomes and maintain books and records to demonstrate compliance with this chapter.

3.

Provisions requiring owners to submit an annual report to the city, which includes the name, address, and income of each person occupying affordable units, and which identifies the bedroom size and monthly rent or cost of each affordable unit.

(Ord. No. 771, Exh. C, 6-7-2011; Ord. No. 866, § 3, 2-17-2026)

Chapter 17.44 - COMPREHENSIVE SIGN ORDINANCE[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 860, § 1, adopted July 2, 2024, repealed the former Ch. 17.44, §§ 17.44.010— 17.44.110, and enacted a new Ch. 17.44 as set out herein. The former Ch. 17.44 pertained to similar subject matter, and derived from Ord. No. 515, § 1(Exh. A) (part), adopted in 1987; Ord. No. 556, § 1, adopted in 1989; and Ord. No. 696, § 1, adopted in 2000.

This chapter is entitled "comprehensive sign ordinance" and all reference to signs in this code shall refer to this chapter except where specific reference is made to the Uniform Building Code.

(Ord. No. 860, § 1, 7-2-2024)

The purpose of this chapter is to provide minimum standards to safeguard life, health, property and public welfare in keeping with the character of the city by regulating and controlling the size, height, design, quality of materials, construction, location, lighting and maintenance of all signs and sign structures not enclosed within a building, in order to accomplish the following results:

A.

To protect and enhance the character of residential neighborhoods and business areas, open views and vistas, and property values by prohibiting obtrusive and incompatible signs;

B.

To provide a reasonable and comprehensive system of sign controls;

C.

To encourage signs which are well designed, balanced and pleasing in appearance, and to provide incentive and latitude for variety, good design relationship and space, location;

D.

To encourage a desirable urban character with a minimum of clutter, while recognizing the need for signs as a major form of communication;

E.

To provide for fair and equal treatment of sign users;

F.

To require a permit to ensure the proper application of the sign ordinance;

G.

To require site plan and elevations) that illustrate and lighting plan and or study (if applicable) explain the requested signage and its proposed location;

H.

To provide for a reasonable period of time for the elimination of nonconforming signs and for the amortization of investment in said signs;

I.

To promote public safety by providing that official traffic regulation devices be easily visible and free from such nearby visual obstructions as blinking signs, and excessive number of signs, or signs in any way resembling official signs.

(Ord. No. 860, § 1, 7-2-2024)

17.44.030 - Definitions.

For the purpose of this chapter, certain terms as used herein are defined as herein set out, unless a different meaning is clearly indicated from the context of the section in which the term is used.

"Advertising statuary" means a representation of a person or things which is sculptured, molded, fabricated or cast and used for commercial purposes.

"Alteration" means any change of copy, color, size, shape, illumination, position, location, construction or supporting structure.

"Area of sign" means the area included within the outer dimensions of a sign. The area of multiple-face signs means one-half the total surface area. In the case of skeleton letters or other signs placed on a wall without any border, the area of the smallest rectilinear drawn to contain all such skeleton letters or other signs shall be the area.

"Attraction board," "reader board" and "digital display signs" equivalent terms which means a changeable copy:

1.

"Attraction boards" or "digital display signs" means signs which use technologies such as LCD, LED and projection to display content such as digital images, and information. Any displays shall display unanimated images and/or copy. For the purpose of this section, unanimated images and/or copy shall be defined as those which are changed no more than once per twenty-four hours.

2.

Digital displays shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for Electronic Message Center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Digital display signs shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours ten p.m. to six a.m. to prevent glare impacts to motorists.

"Awning sign" means any sign attached to the underside or constructed upon a projecting awning, protruding over a sidewalk (see Figure 17440(1) below).

FIGURE 1744(1) Awning Signs

==> picture [171 x 156] intentionally omitted <==

"Banner," "flag" or "pennant" means any cloth, bunting, plastic, paper or similar material for advertising purposes attached to, or appended on or from, any structure, staff, pole, line, framing or vehicle. Flags referred to in this chapter, when the flag is of a nation or of the state of California and is displayed as such in an appropriate manner, shall be exempted from these regulations.

"Billboard" means an off-premises sign (see off-premises sign).

"Canopy sign" means a sign attached to the valence on an overhead roof that can provide shade or shelter from weather conditions such as sun, hail, snow, and rain (see Figure 1744(2) below).

FIGURE 1744(2) Canopy Signs

==> picture [235 x 145] intentionally omitted <==

"Commercial district" includes the zoning districts of general commercial (C-1), highway commercial (C-2) and heavy commercial (C-3).

"Grade" means the lowest point of elevation of the finished surface of the ground directly below or at the sign location.

"Ground sign," "pole sign," "pylon sign," "freestanding sign," or "monument sign" means a sign supported by one or more poles or braces or resting in or upon the ground.

"Illegal sign" means any sign placed or erected after the effective date of the ordinance codified in this chapter without property approval and/or permits as required by this code, and any sign that was placed or erected prior to the effective date of the ordinance codified in this chapter which was in violation of a city ordinance or code at the time it was placed or erected.

"Illuminated sign" means any sign in which an artificial source of light is used.

"Directly illuminated sign" means a sign which has light cast on the surface from an interior source.

"Indirectly illuminated sign" means a sign which has light cast on the surface from an exterior source.

"Industrial districts" includes zoning districts of light industrial (M-1) and heavy industrial (M-2).

"Item of information" means a word, design, symbolic representation or figure.

"Nonconforming sign" means a sign which was validly installed under laws or ordinances in effect prior to the effective date of the ordinance codified in this chapter or subsequent revisions, but which is in conflict with the provisions of this chapter.

"Off-premises sign" means signs which advertise any business, goods, products, or services not conducted, sold, manufactured or distributed from the premises or facilities on which the sign is located.

"Pole sign." (See ground sign).

"Political sign" means a sign intended to draw attention to any issue, candidate or measure in any national, state or local election.

"Portable sign" means any sign set upon the ground in such a manner that it would be considered moveable or temporary.

"Projecting sign" means a sign attached to and projecting outward from a building face or wall, generally at a right angle to the building.

"Real estate sign" means a temporary sign indicating that the premises on which the sign is located, or any portion thereof, is for sale, lease or rent.

"Residential districts" means those zoning classifications or uses consistent with the high, medium and low density residential classifications of this title.

"Roof sign" means-a sign erected between the eave line and the ridge line.

"Sign" means any medium for visual communication, including its structure and component parts, which is used or intended to be used to attract attention to an activity for identification or advertising purposes.

"Sign height" shall be measured from average ground level at the base of the supporting structure to the top of the sign.

"Signable area" means that portion of a building wall less the area of windows, doors or other architectural features; except signable area for window signs means forty percent of the total window area.

"Site" means one or more parcels of land identified by the assessor's records and for which an integrated building development exists or has been proposed.

"Street frontage" means the distance in feet of a lot measured along a street right-of-way. (See Figure 1744(3) below).

FIGURE 1744(3) Street Frontage

==> picture [126 x 144] intentionally omitted <==

"Murals" or "super graphic" means a painted design which covers all or a major portion of a wall, building facade or other structure. A super graphic is a sign if promoting a use or business.

"Window sign" means any sign attached to a window or hung with the intent of being viewed through a window.

"Wall sign" means any sign posted or painted on, suspended from or otherwise affixed to the wall or any building or structure in an essentially flat position and with the exposed face of the sign in a plane approximately parallel to the plane of such wall.

FIGURE 1744(4) General Sign Types

==> picture [402 x 264] intentionally omitted <==

(Ord. No. 860, § 1, 7-2-2024)

17.44.040 - General provisions.

A.

Prohibited Signs. The following signs shall not be permitted in the city:

1.

Signs which incorporate in any manner any flashing, moving or intermittent lighting or resemble movement or animation. This does not include public service signs, such as time and temperature units, and the traditional barber pole signs.

2.

Signs which by color, wording, design, location or illumination resemble or conflict with any traffic-control device or with safe and efficient flow of traffic.

3.

Signs that create a safety hazard by obstructing clear view of pedestrian and vehicular traffic.

Flags, banners and pennants, except as authorized in subsections D and E of this section.

5.

Any ground or roof sign if the proposed sign would adversely affect conforming residential development.

6.

Portable signs, except where otherwise noted.

7.

A sign advertising tobacco products which is prohibited under Section 8.60.030.

8.

Above-roof signs (signs attached to the roof, any part of which extends above the ridge line) are prohibited.

9.

Abatement of Signs Pertaining to Inoperative Activities. All signs pertaining to inoperative activities shall be removed within thirty days of closure. If all the signs are not removed within the allotted time, the signs will be removed by the city or their agent with costs to be borne by the owner or appropriate person(s).

10.

Removal of Signs. The building official may order the removal of any sign erected or maintained in violation of this code. He/she shall give thirty days' notice in writing to the owner of such sign, or of the building, structure or premises on which the sign is located, to remove the sign or to bring it into compliance. The building official may remove a sign immediately and without notice if, in his opinion, the condition of the sign is such as to present an immediate threat to the safety of the public.

11.

Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to remove it, the building official shall give the owner thirty days written notice to remove it. Upon failure to comply with this notice, the building official or his duly authorized representative may remove the sign at cost to the owner.

12.

Illegal Signs. If any person who owns or leases any sign which was erected in violation of this code after the date of adoption of this chapter, fails to remove it within the time specified on a notification from the building official, then the building official shall give the owner of the building, structure or premises upon which the sign is located, thirty days' written notice to remove it. If the owner of the building, structure or premises upon which the sign is located, fails to remove the sign within said thirty days after receipt of

written notice from the building official, the building official, or his duly authorized representative may remove the sign.

B.

Illumination. No sign or lighting which produces glare or light spillage or is unreasonably distracting to properly illuminate the sign shall be permitted. To determine excessive brilliance, the size of the sign, the percentage brightness of the white or light-colored portions of the sign, the distance to the public right-ofway, and the nature of the surrounding areas shall be considered. Signs shall comply with California Energy Code, CEC 140.8.

C.

Exempted Signs. The following signs, if nonilluminated, are allowed in all districts with no permit required:

1.

Religious, charitable, educational or cultural posters not exceeding six square feet in area and temporary (thirty days) in nature;

2.

Governmental or other legally required posters, notices or signs;

3.

Temporary political signs;

4.

Temporary window signs, not to exceed thirty days duration, six times a year or one hundred eighty days;

5.

Public service directional signs erected by the city;

6.

Residential identification signs and street numbers;

7.

Agricultural products;

8.

Electronic "Open/Close" sign larger than two square feet used as a window sign or if located on the exterior of a structure;

9.

Patriotic symbols (flags). Flags of the U.S. are allowed provided that in residential zones, flags must not exceed twenty-four square feet, and flagpoles must not exceed a maximum height of thirty feet measured from ground level at the base to the top of the pole. In commercial areas, flags can be up to sixty square feet, with flagpole height not exceeding forty feet. All other flag types shall require an administrative use permit but shall not exceed sixty square feet and thirty feet in height. Flags or banners with advertising copy shall not be displayed on the same flagpole which displays flags of the United States. Flags of the United States flown in commercial or industrial areas shall be displayed in accordance with the protocol established by the Congress of the United States for the Stars and Stripes (Public Law 94-344 and 90-831), which includes the provision for night lighting. Any flag not meeting any one of the conditions noted above shall be considered a banner and shall be subject to regulations as such.

D.

Special Event Signing.

1.

Signing which does not meet the criteria established by this chapter may be placed for a limited period of time as a means of publicizing community or special events such as "grand opening," "new model year," or "inventory sale."

2.

Special event signing shall not remain in place for more than thirty days per year.

E.

Convenience Signs. The planning department may authorize the placement of permanent signs which are needed for public convenience or safety. Convenience signs are designed to be viewed from on-site by pedestrians or by motorists while parking their automobiles.

F.

Attraction Boards. Changeable copy signs, which include LCD, LED, and Projection to display digital content, where authorized shall not require a permit to change copy.

G.

Off-premises Signs. Off-premises signs are prohibited except as follows:

1.

Political signs;

2.

Civic event signs.

H.

Adoption of Codes. The most recently adopted editions of the Uniform Building Code and the Uniform Sign Code shall apply to the construction of signs.

I.

Construction Requirements. Except as otherwise provided herein, in this chapter, all signs shall be constructed pursuant to the requirements of the Uniform Building Code, Volume V, entitled "Sign," to the extent adopted by Chapter 15.04 of this code.

J.

Inspection and Maintenance. All signs and sign structures, together with their braces, guys, bolts and supporting frames, shall be maintained at all times in a state of good repair and safe condition, free from deterioration, rot, rust and loosening. The display surfaces shall be kept neatly painted or posted, shall have broken or cracked panels replaced, and shall have all sources of illumination in proper working order at all times.

K.

Safety Requirements. No permit for any sign shall be issued and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the State of California or rules and regulations duly promulgated by agencies thereof.

L.

Regulatory interpretations. The city shall apply this chapter in a content-neutral manner. This chapter shall be interpreted in a manner consistent with free speech protections guaranteed by the First Amendment to the United States Constitution and Article 1, Section 2 of the California Constitution. The noncommunication aspects of all signs shall comply with the regulations and standards set forth in the title. "Noncommunicative aspects" includes regulations that do not relate to the content of the sign, including the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

(Ord. No. 860, § 1, 7-2-2024)

Within these districts as defined the following standards shall apply:

A.

Maximum Sign Area. The aggregate areas of all signs except exempt, convenience and special event signs, including signage for all activities within such site, shall not exceed one and one-half square feet of the sign area per lineal foot of lot frontage on the right-of-way. All activities with street frontage shall be allowed thirty-five square feet of signage, regardless of amount of street frontage. Sign area may be used only to address the right-of-way on which credit is calculated. In no case may any signage exceed three hundred square feet, regardless of street frontage.

B.

Ground Signs.

1.

Site Requirements.

a.

A ground sign greater than fifteen square feet in area may only be displayed on a continuous street frontage of one hundred fifty feet or more in commercial districts.

b.

No ground sign may be placed within one hundred fifty feet of another ground sign on the same site.

c.

Sites in industrial districts must have minimum continuous street frontage of two hundred feet.

2.

Height and Area Limitations. The maximum height shall be twenty feet, and the maximum area shall be seventy-five square feet, except as provided in paragraph a. of subdivision 1. of this subsection and as follows:

a.

Within three hundred feet of a freeway, the maximum height shall be thirty-five feet and the maximum sign area shall be three hundred twenty-five square feet provided that the approved height may be extended up to one hundred feet if a use permit is granted to the applicant with adequate findings that the additional height is necessary for the business being advertised to be brought to the attention of the motorists on the interstate highway.

b.

Within one hundred fifty feet of Highway 273, the maximum height shall be thirty feet, and the maximum area shall be one hundred thirty-three square feet.

c.

Motorists shall be allowed sufficient advance notice for safe freeway exit. Unobstructed vision from a distance of one thousand three hundred twenty feet from the freeway exit ramp shall be considered the minimum standard providing sufficient advance notice.

3.

Placement of Ground Signs. Ground signs shall be placed in a landscaped planter equal in area size to the maximum sign area allowed in commercial areas and shall not obstruct other legal, conforming signs within one hundred fifty feet. Ground signs must clear driveways and parking areas by sixteen feet and sidewalks by eight feet.

C.

Roof Signs.

1.

A roof sign may be used in lieu of a wall sign. Each building is authorized one such roof sign per building front which abuts a public street or parking area and to which the activity has direct access. Roof signs may occupy an area equal to what is allowable for a wall sign or forty percent of the signable wall area selected. Signs must be rigidly mounted with no guy wires or exposed braces and may not extend higher than the ridge line.

2.

Only single-faced roof signs shall be allowed. Signs may not be perpendicular to the street being addressed.

D.

Wall or Window Signs.

1.

Each activity is authorized two wall or window signs, or one wall and one window per building front which abuts a public street or parking area and to which the activity has direct access.

2.

An activity without frontage on a public street or parking area but with access via a driveway or private sidewalk shall be permitted on wall sign with a maximum of fifteen square feet in area.

3.

Maximum permitted coverage of wall or window signs shall be forty percent of the signable area of the wall or window mounted on.

E.

Awning Signs. Signage shall only be permitted on the valance of the awning, or as hanging sign suspended below the awning. Hanging signs suspended below awnings shall not exceed eighteen inches in height or sixty inches in length and shall be hung at a height not less than nine feet measured from the sidewalk to the bottom of the sign.

F.

Canopy Signs.

1.

Up to two canopy signs may be used for each activity.

The maximum area of a sign shall not exceed fifteen square feet.

3.

The maximum letter height shall be sixteen inches.

4.

Minimum ground clearance shall be eight feet.

5.

Signage shall only be permitted on the valance of the canopy.

G.

Projecting Signs. A projecting sign may be used in lieu of a ground sign and may not project within two feet of the edge of the pavement. All projecting signs must clear finished grade by eight feet.

1.

A projecting sign shall not be placed within one hundred fifty feet of another projecting sign on the same site.

2.

A projecting sign greater than fifteen square feet in area may only be displayed on a lot having a continuous street frontage of one hundred fifty feet or more.

3.

No projecting sign may be placed in a location that will obstruct other legal, conforming signs within one hundred fifty feet.

4.

The maximum height shall be twenty feet or the height of the wall supporting the sign, whichever is greater.

5.

The maximum area shall be twenty-five square feet.

H.

Residential Use. Signs for residential uses in commercial or industrial zones shall be as prescribed in Section 17.44.080.

(Ord. No. 860, § 1, 7-2-2024)

A.

Certain activities and geographic areas have unique signing needs. In order to provide the appropriate level of signing for business and locations which have special requirements, the council may adopt such regulations as necessary to carry out the objectives of this chapter. Once adopted, special regulations shall be uniformly applied to all businesses within the defined classification.

B.

The following special regulations are established:

1.

Signing for movie theaters shall conform to all requirements of this chapter except as follows:

a.

Definitions.

"Attraction board" means a changeable copy sign which use technologies such as LCD, LED, and Projection to display content such as digital images, and information. Any displays shall display unanimated images and/or copy. For the purpose of this section, unanimated images and/or copy shall be defined as those which are changed no more than once per twenty-four hours.

Digital displays shall not be brighter than the illumination limit recommended by the International Sign Association (ISA) for electronic message center signs, or 0.3 footcandles above ambient light when measured at the recommended distance as set forth by the ISA. Digital display signs shall be equipped with a photocell, timer, or other similar device which automatically dims the display during nighttime hours to prevent glare impacts to motorists.

"Information item" means a word, design, symbolic representation, or figure.

b.

Height and Area Limitations. The maximum height shall be twenty-five feet, and the maximum area shall be seventy-five square feet per theater complex, plus an additional forty square feet per movie screen.

c.

Attraction Boards. Attraction boards may be utilized as part of an approved signing program under this section, such board shall be limited to the total of four information items per movie screen.

2.

Gasoline sales because of their unique merchandising methods and easily recognizable design, are subject to the following requirements:

a.

One ground sign per street frontage with a maximum area of forty square feet and a maximum height of fifteen feet shall be allowed, which may include LCD, LED to display digital prices. Only one ground sign may be placed on the corner radius.

b.

The aggregate area of wall signs shall not exceed forty square feet. Official repair station signs shall be included within the allowable aggregate area.

c.

One nonilluminated ground-mount price sign not exceeding twenty-six square feet in area shall be authorized. Ground signs must conform to the standards as provided elsewhere in this chapter.

d.

Signs having Double Faces. Ground mount price signs may have double faces. Where such signs and ground mount signs have double faces and are included in the total sign area, the area of only one face needs to be included in the total area allowed. Where the two faces are of different areas, the larger of the two must be counted as part of the total sign area.

e.

When the criteria set forth by this section may impair pedestrian or vehicular visibility, the planning department shall require the necessary modifications to assure public safety.

f.

Stations located within three hundred feet of a freeway may be allowed to erect a freeway sign conforming to the standards as provided in [subsection] 17.44.050B.20.a.

g.

Stations located within one hundred fifty feet of Highway 273 shall be allowed to erect a highway-oriented sign conforming to the standards as provided elsewhere in this chapter. Which may include LCD, LED to display digital prices.

h.

Signs for activities may be allowed. Total signage shall not exceed limits set forth in this chapter.

i.

Temporary window signs shall be placed within the building and shall cover no more than forty percent of the window area. Visibility into the facility shall not be obscured in any way by sign placement.

3.

Churches, religious houses of worship, or congregations are subjected to the following requirements.

a.

A ground sign greater than fifteen square feet in area may only be displayed on a continuous street frontage of one hundred fifty feet or more. Ground sign may include LDC and LED to display digital copy.

b.

All other signs must conform to the standards as provided in Section 17.44.050.

(Ord. No. 860, § 1, 7-2-2024)

17.44.070 - Residential districts or use.

A.

Permanent Signing.

1.

Name Plates. One plate containing the name and profession of the occupant shall be allowed for each dwelling unit. Name plates shall not be larger than one square foot in area.

2.

Neighborhood Identification Sign. Neighborhood identification signs may be authorized for residential areas which include at least five acres of land area. Prior to approval of neighborhood signs, the planning commission shall first determine that the proposed sign is compatible with the area being identified. Size shall be a maximum of forty square feet.

3.

Complex identification Signs. Multifamily developments shall be authorized one complex identification sign per street frontage. Identification signs shall be limited to one square foot of area per dwelling unit, up to a maximum of thirty-two square feet.

B.

Temporary Signing.

1.

Tract Signs. Subdivisions which offer a minimum of ten units for sale or lease may erect a temporary tract sign within the boundaries of the tract. Tract signs shall be nonilluminated and no larger than eighty square feet or higher than fifteen feet. Tract sign permits shall be valid for a period of one year. One-year extensions may be granted by the planning commission. The planning department, as a condition of approval, shall require a cash deposit, savings and loan certificate or other security to assure prompt removal upon expiration of the permit.

2.

Real Estate Signs. One real estate sign shall be allowed per lot, subject to the following specifications:

a.

The maximum dimensions for one sign face shall be thirty-six inches by twenty-four inches.

b.

The copy shall be restricted to:

i.

"For Sale by Owner" or "For Lease or Rent by Owner" and the owner's phone number;

ii.

"For Sale by Agent" or "For Lease or Rent by Agent" and the agent's telephone number;

iii.

The agent's logo may be incorporated into the authorized real estate sign;

iv.

A list of features.

c.

One "Open House" sign, no larger than one foot by three feet may be attached to a real estate sign.

d.

Three directional signs, eighteen-inch by twenty-four-inch dimensions, may be used to direct motorists to an open house.

e.

Such signs shall be removed within fourteen days after close of escrow.

3.

Vacancy Signs. Apartment developments may display one vacancy sign per street frontage during which time a vacancy exists. Vacancy signs shall be limited to four square feet in area.

(Ord. No. 860, § 1, 7-2-2024)

17.44.080 - Administrative procedure, application, fees, expirations, appeals.

A.

Permit Required. A sign permit shall be obtained from the planning department prior to the placing, erecting, moving or displaying of any sign, including painted wall signs, unless exempted by Section 17.44.040. A sign permitted shall also be obtained prior to the reconstruction, or alteration of existing signs. A permit shall not be required to change removable lettering of an existing approved sign. In most cases, a building permit and/or electrical permit shall be required.

B.

Application Procedures. Application for sign permits shall be made on forms provided by the planning department and shall be accompanied by the following material:

1.

Sign elevation and lighting (must indicate overall and letter/figure dimensions, materials, illumination and/or movement characteristics);

2.

Site plan (must indicate all signs existing or proposed for site with dimensions, materials, illumination and/or movement characteristics for each sign) and dimensions of site and location of signs;

3.

Building elevations with signs depicted;

4.

Such other information as the planning director may reasonably required in order to determine compliance with all provisions of this code.

C.

Review of Sign Application.

1.

The planning department shall review all sign applications within fourteen calendar days of filing. The staff shall approve, approve with modification, or deny any application in accordance with the provisions established by this chapter. Any staff decision may be appealed in manner provided by this code.

2.

No activity with nonconforming signing may be authorized additional signing except as a replacement of said nonconforming signing with signs that comply with the provisions of this chapter.

3.

When approved, a copy of the approved application signed by the planning director or his designee shall indicate compliance.

D.

Sign Permit Fees. No sign permit shall become valid until the applicant has paid such sign fee as may be established by resolution of the city council.

E.

Expiration of Permit. Any permit not used within one hundred eighty days of issuance is invalid. A ninetyday extension may be granted by the planning director.

F.

Variances. See Chapter 17.48.

G.

Appeals. Any person aggrieved by any decision or order of the planning department may appeal such decision to the planning commission, serving written notice to the planning director within ten days of such decision. The planning department shall take no further action on the matter pending the decision of the planning commission, except in the case of unsafe signs which present an immediate and serious danger to the public, as provided in Section 17.44.040. The planning commission at a regular or special meeting shall consider the appeal and render a decision. Such decision may be further appealed in writing to the city council by filing an appeal within ten calendar days of the planning commission's decision with the city clerk. The city shall hear the appeal at a regular or special meeting and its decision on the matter shall be final.

(Ord. No. 860, § 1, 7-2-2024)

A.

Intent. It is the intent of this section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this chapter is as much a subject to health, safety and welfare, including aesthetic values, as is the prohibition of new signs that would violate the provisions of this chapter. Elimination of such nonconforming signs shall also prevent conforming signs from being obstructed. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established property rights as established by law.

B.

General Provisions.

1.

A nonconforming sign may not be:

a.

Changed to another nonconforming sign;

b.

Structurally altered so as to extend its useful life;

c.

Expanded;

d.

Reestablished after removal;

e.

Reestablished after discontinuance of use;

f.

Reestablished after damage or destruction of more than fifty percent of the value.

2.

All illegal signs shall be removed or made to conform to this chapter.

3.

When the designation of any freeway is changed to a landscaped freeway, all such nonappurtenant advertising structures designed to be seen from the freeway shall be removed within one year from the date of such change.

(Ord. No. 860, § 1, 7-2-2024)

Violation of any section or provision of this chapter shall be an infraction and violators shall be subject to the provisions of Chapter 1.20 or Chapter 8.29.

(Ord. No. 860, § 1, 7-2-2024)

Chapter 17.46 - OFF-STREET PARKING REQUIREMENTS

The purpose of this chapter is to set forth the off-street parking requirements for the various buildings and uses, irrespective of the districts in which they occur. All uses shall be provided with regularly maintained off-street parking and loading facilities in accordance with the provisions of this chapter.

(Ord. 515 § 1 Exh. A (part), 1987)

Required parking shall be located on the same lot or parcel as the use which the spaces serve, except as otherwise provided in this section.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Size Requirements. Size requirements are set out in Table 17.46.030.

B.

Access to Parking Areas. Access to public parking areas and curb cuts for driveways shall be approved by the director of public works or his designee to insure an efficient and safe traffic flow into the parking areas and along the public streets.

C.

Back-out Parking. Public parking areas for commercial, industrial and multiple-family residential uses, not including duplexes and single-family residences, shall be designed so that vehicles are not permitted to back out of the parking area onto a public street.

D.

Bumper Curbs and Wheel Stops. To insure the proper maintenance and utilization of these facilities, public parking areas shall be designed so that a parked vehicle does not overhang required sidewalks, planters or landscaped areas. A permanent curb, bumper, wheel stop or similar device shall be installed which shall be adequate to protect the required sidewalks, planters and landscaped areas from vehicular overhang and to protect any structure from vehicular damage. If such protection is provided by means of a method designed to stop the wheel rather than the bumper of the vehicle, the stopping edge shall be placed no closer than two feet from the edges of the required sidewalks, planter or landscaped areas and from any building. The director of the department of public works or his designee may require other barrier curbs or wheel stops as deemed necessary to protect areas within or adjacent to the parking area from vehicular encroachment.

E.

Drainage Facilities. Drainage facilities shall be provided in all public parking areas adequate to handle the drainage requirements of the subject property, to alleviate the creation of flooding and drainage problems for the subject property or any surrounding properties. All required parking area drainage to be taken underground to existing storm drainage system or out through face of curb to the street gutters.

F.

Fences. A solid fence not less than four feet high nor more than six feet high or other approved landscaped barrier shall be provided and a maintained along the edge(s) of any public parking areas adjacent to properties zoned for commercial residential, residential or agricultural uses to protect these properties from the interruption and nuisance of the automobiles using the parking area. On that portion of any parking area located between the building line and the street where such a fence would interfere with visibility, the fence shall be approved by the planning director.

G.

Lighting. Lighting, if provided, shall be directed away from residential areas and public streets so not to produce a glare as seen from such areas in order to insure the general safety of other vehicular traffic and

the privacy and well-being of the residential areas.

H.

Marking of Parking Spaces. Parking spaces shall be marked or maintained on the pavement and any other directional markings or signs shall be installed as permitted or required by the director of public works or his designee to insure the proper utilization of space, adequate traffic flow and general safety.

I.

Passenger Loading Spaces. Ten feet by twenty feet marked space designated for passenger loading/unloading.

J.

Paving Requirements. Paving shall be provided for all public parking and loading areas in accordance with the construction standards of the department of public works to eliminate dust and maintain a passable surface at all times for the parking and loading areas. All parking areas and maneuver areas for access to stalls shall have two inches of asphaltic paving over a minimum of six inches of compacted base rock, or equivalent.

K.

Planters and Landscaped Areas. A planter or landscaped area at least four feet wide shall be provided adjacent to all street rights-of-way. In addition, any area within the street right-of-way between the sidewalk and outer edge of the right-of-way shall be developed as a planter or landscaped area in conjunction with the required four-foot area above, unless this requirement is waived by the director of public works or his designee. Where a public parking area has a capacity of more than ten parking spaces, it shall provide landscaped areas, in addition to the required parking area and planter or landscaped area, equal to at least five percent of the total parking area. Within the planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained. Not more than thirty percent of the planter or landscaped area may be covered with hard surfaces such as gravel, landscaping rock, concrete or other impervious materials.

L.

Setback Requirements. All off-street parking stalls and maneuver areas must be behind the front setback area and the street side setback area when located in a block that is partially in an "R" district. All required off-street parking stalls and maneuver areas must be behind the front setback area and the street side setback area for corner lots in all residential (R-1, R-2, R-3) and commercial (C-1) zones.

M.

Compact Car Parking. For parking lots providing more than ten spaces, up to twenty percent of the spaces may be designed as compact car spaces. Such compact car spaces must be identified by signage or other designation.

Table 17.46.030

PARKING SPACE SIZES[[12]]

Figure 1

==> picture [453 x 276] intentionally omitted <==

NOTE 1 - Minimum standard parking-space width is nine feet, except where alongside a structure, pole, post, wall, or fence, in which case the minimum width is ten feet. The minimum parking-space length is eighteen feet.

NOTE 2 - Locations of required parking spaces, garage spaces, garages and carports are also governed by Official Plan Lines, and other regulations of this chapter.

• Aisle widths may be interpolated where parking spaces are designed with a width between those specified above (e.g., a space of nine feet nine inches would allow an aisle width of twenty-three feet six inches).

** For additional details in parking-space landscape configurations, see separate handout available through the Planning Division.

NOTE 3 - Minimum compact parking-space width is nine feet, except where alongside a structure, pole, post, wall or fence, in which case the minimum width is ten feet. The minimum parking-space length is fourteen feet.

NOTE 4 - Access to fire lanes and the lanes themselves shall have a minimum inside turning radius of twenty-nine and one-half feet and an outside turning radius of forty-five feet.

NOTE 5 - Required fire access lanes shall have a minimum width of twenty-six feet unless otherwise approved by the fire marshal.

(Ord. 744 § 1 (part), 2006; Ord. 515 § 1 Exh. A (part), 1987; Ord. No. 834, § 5, 11-17-2020)

Footnotes:

--- ( 12 ) ---

Editor's Note: The diagram to which this section refers is a part of Ord. 515, the ordinance codified in this title.

Generally.

A.

The following minimum off-street parking requirements shall apply to all buildings erected, new uses commenced and to the area of extended uses commenced after the effective date of the ordinance codified herein. For any use not specifically mentioned herein, the planning department shall determine the amount of parking required. All facilities shall be onsite, unless specified otherwise.

B.

Combined uses under a single roof shall be determined by the total spaces required of all uses reduced by not more than twenty-five percent. Percentage of reduction shall be determined by the design review committee.

Drive-up Facilities. In addition to the required off-street parking, drive-up facilities shall provide twenty-foot long stacking or vehicle reservoir spaces in addition to the space where the service is being provided in accordance with the following schedule:

Note: When computing the required number of off-street parking or loading spaces, a remaining fraction of one-half or more shall be deemed a whole unit of measurement; a remaining fraction of less than one-half will be disregarded.

(Ord. 744 § 1 (part), 2006; Ord. 515 § 1 Exh. A (part), 1987)

17.46.050 - Exceptions to parking requirements.

A.

Any portion of Sections 17.46.020 to 17.46.040 may be modified for a particular use if a use permit is obtained. The planning commission must find, based on data submitted by the applicant, that the proposed arrangement and design will be of equal or greater excellence in arrangement, design, or attractiveness than would be realized by the normal standards of this chapter.

B.

The following designated areas are to be considered as exceptions to the parking requirements set forth in Section 17.46.040.

1.

Within the downtown business district zone, off-street parking shall be provided at not less than one space per five hundred square feet of gross building floor area. Within the discretion of the design review committee, the off-street parking requirement may be satisfied by any one of, or combination of, the following:

a.

On-site construction;

b.

Off-site construction within three hundred feet and approved by the planning commission;

c.

Payment into the parking district fund.

2.

Exceptions to this provision are as follows:

a.

Banks, food stores, dental and medical services shall provide off-street parking at the rate set forth in Section 17.46.040;

b.

The area between East Center and Freeman Streets (subdivision 3 of the subsection);

c.

Payment into the parking district fund as an alternative to construction shall be for a maximum number of spaces established by the design review committee. The design review committee shall consider the city general plan, recommendations of the planning, public works and building departments in determining the number of parking spaces that shall be provided by on-site or off-site construction;

d.

The amount paid into the parking district fund for each parking space shall be established by resolution of the city council at a rate of not less than five hundred dollars per space.

3.

East Center—Freeman Street Area. No off-street parking between East Center and Freeman Streets shall be required except as follows:

a.

For all new construction and all renovation and expansion, the value of which exceeds fifty percent of the full market value of the existing improvements, off-street parking shall be in accordance with subdivision 1 of this section. (Existing improvement value shall be the value recorded on the most recent tax rolls of the county assessor. Renovation and expansion values shall be established by the city building official.)

b.

All off-street parking shall be on-site or off-site within three hundred feet with approval of the planning commission.

4.

West Center Street — Douglas Street Area. The parking for this area shall be the same as that provided for in subdivisions 1 and 3 of this subsection.

C.

Parking District Fund. There is established a parking district fund, which shall be a special fund of the city. All deposits made to the fund shall be used solely for the purchase of land for public parking and for construction of public parking.

(Ord. 515 § 1 Exh. A (part), 1987)

The joint use of off-street parking areas may be authorized by use permit for the following uses or activities under the following conditions:

A.

Up to fifty percent of the off-street parking for "nighttime" uses, such as theaters, bowling alleys, bars or restaurants, may be supplied by the parking area provided for "daytime" uses, such as banks, offices, retail and personal service establishments.

B.

Up to fifty percent of the off-street parking for "daytime" uses may be supplied by the parking area provided by a "nighttime" use.

C.

Up to fifty percent of the parking for churches or auditoriums may be supplied by the parking facilities provided by "daytime" uses.

D.

Parking in commercial or industrial zones may be located off-site but must be located within three hundred feet of the use which it serves.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.48 - VARIANCES

Where practical difficulties, unnecessary hardships or results inconsistent with the general purposes of Chapter 17.02 through 17.52 may result from the strict application of certain provisions thereof, variances may be granted as provided by this chapter.

(Ord. 515 § 1 Exh. A (part), 1987)

Application for variance shall be made in writing on a form prescribed by the planning commission and shall be accompanied by a fee in the amount fixed by resolution of the city council as per schedule on file with the planning commission, no part of which shall be returnable to the applicant, and a statement, plans, and evidence showing:

A.

That there are exceptional or extraordinary circumstances or conditions applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district;

B.

That the granting of the application is necessary for the preservation and enjoyment of substantial property rights to the petitioner;

C.

That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

(Ord. 515 § 1 Exh. A (part), 1987)

A public hearing shall be held at the next scheduled planning commission meeting after the filing of the application, notice of which shall be given by one-time publication in a newspaper of general circulation at least ten days prior to such hearing or by posting a notice on the property involved, or adjacent thereto, at least ten days prior to such hearing.

(Ord. 515 § 1 Exh. A (part), 1987)

17.48.040 - Action by planning commission.

A.

At the conclusion of a public hearing, the planning commission shall make written findings of fact showing whether the qualifications of this chapter apply to the land, building or use for which variance is sought, and whether such variance shall be in harmony with the general purpose of Chapters 17.02 through 17.52. The findings of fact shall further show whether or not the imposition of conditions upon the granting of such variance will have the effect of rendering such variance harmonious with the general purpose of Chapters 17.02 through 17.52.

B.

If the commission has found that the variance is in harmony with the general purpose of such Chapters 17.02 through 17.52, it shall by resolution, grant such variance.

C.

If the commission finds that such variance can be made harmonious with the general purpose of Chapters 17.02 through 17.52 by granting the same on conditions which it deems reasonable, the commission may grant such variance upon such conditions and may require guarantee that such conditions will be complied with.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

Any variance granted under the terms of Chapter 17.02 through 17.52 may be revoked:

1.

If any of the conditions or terms are violated; or

2.

If any law or ordinance is violated in connection therewith;

3.

If in granting the permit the commission, appeals board, or city council considered information provided by, on behalf of, or attributable to the permittee, which information was materially erroneous or misleading, whether as a result of its content or omissions therefrom, and regardless of fault.

B.

The planning commission shall hold a hearing on any proposed revocation after giving written notice to the permittee at least ten days prior to the hearing. At the conclusion of the hearing, if the commission finds that any one of the grounds listed above exists, the commission may revoke the permit and terminate all rights granted thereunder and order the cessation of any use and may further order the removal of any structure or portion thereof which had been permitted by said permit.

C.

Any variance granted becomes null and void if not exercised within the time specified in such variance, or, if no date is specified, if not exercised within one year from date of approval.

(Ord. 515 § 1 Exh. A (part), 1987)

The denial of any variance including the revocation of a previously granted permit may be appealed by the applicant to the city council in writing within ten calendar days of denial. The granting of any variance, including a determination not to revoke a previously granted variance following a revocation hearing, may be appealed by the following persons:

A.

Adjacent property owners;

B.

Nonadjacent property owners whose property is in such proximity to the property subject to the application for permit that the appeals board finds that such persons's property or his lawful use thereof is significantly affected by the action appealed from.

1.

"Property owner" includes the owners of a leasehold interest with an unexpired term remaining of one year or more,

2.

"Significant effect" refers to an effect significantly greater than the effect the determination appealed from has generally upon all citizens of the city.

The appeal must be submitted to the city clerk within ten days after the public hearing. The appeal shall be heard at the next regular meeting of the city council.

In connection with the review, the council may direct all materials, records, exhibits and statements considered by the commission to be filed with the city clerk for consideration by the council. After review of such materials and the decision of the commission, the council may determine by resolution that the public interest and welfare require a further hearing and order further hearing to be conducted before the council, at a time fixed in the resolution, which time shall be within thirty days after the decision of the commission has been filed with the city clerk. At such hearing the council shall have the power to affirm, modify or reverse the decision of the commission. Such action by the council shall be final upon its rendering and shall not be subject to appeal. The right herein reserved in the council shall not be construed as an extension of the applicant's administrative remedies, or limit his right to seek a judicial review following this decision of the commission.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.50 - USE PERMIT

Use permits, which may be revocable, conditional or valid for a term or period, may be issued by the planning commission for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Guarantees to insure compliance with the terms and conditions of such permits may be required by the commission.

(Ord. 515 § 1 Exh. A (part), 1987)

17.50.020 - Application.

A.

All applications for a use permit shall be filed with the planning department and shall be in the form and contain the information prescribed by the planning director. The application shall be accompanied by a site plan, architectural drawings, photographs or other information, and with as many copies thereof as may be requested by the planning director showing the location and design of any building, structure or use to be established on the property which is to be subject of the application, and by filing a fee in the amount established by resolution of the city council, no part of which shall be refundable.

B.

An application for a use permit shall not be accepted within six months from the date of denial by the planning commission or city council of the same use permit application.

(Ord. 515 § 1 Exh. A (part), 1987)

In order to expedite permit processing for certain routine and simple use permits, the city distinguishes between administrative use permits and conditional use permits.

A.

Administrative use permits are approved by the planning director and are for those uses which have lesser impacts and need less intensive review, such as overheight fences, special retail permits, garage conversions, or those uses which already conform to the city's general plan and zoning ordinance, and are categorically exempt from the provisions of the California Environmental Quality Act.

B.

After the review of the application and determination that it is complete and appropriate for an administrative use permit, the planning director shall make a determination to either approve, conditionally approve, or deny the administrative use permit. If the planning director determines to approve or conditionally approve an administrative use permit, notice of intent to approve administrative use permit shall be mailed to the applicant and those owners whose names and addresses appear on the county tax rolls adopted the previous January 1st as owning property within a distance of not less than three hundred feet from the exterior boundaries of the parcel which is the subject of the hearing. Those owners shall have

five days to comment and/or protest, in writing the approval of the permit. The planning director's decision shall be final unless appealed. The decision shall state the conditions of approval, if any, or the reasons for denial.

C.

The planning director may refer an administrative use permit to the planning commission, pursuant to the requirements in subsection A of this section, when the planning director determines the application involves a major policy issue or public controversy that would be resolved more suitably by the planning commission.

(Ord. 744 § 1 (part), 2006)

In any case, where an interested party is not satisfied with the action of the planning director, they may, within five days of such action by the planning director, appeal in writing, to the planning commission. Upon receipt of such notice of appeal, the secretary of the planning commission shall set a date for a public hearing and shall provide notice of such hearing in accordance with Section 17.50.030. Approvals will be effective on a Monday with the appeal period closing at five p.m. on the following Friday. In the case of a holiday falling within the appeal period the appeal period will close at five p.m. on the next working day. The planning commission shall render its decision within sixty days after the filing of such appeal.

(Ord. 744 § 1 (part), 2006)

After review of the application and determination that it is completed by the planning director and/or requires a conditional use permit, the planning director, on behalf of the planning commission, sets the

application for a public hearing before the commission, notice of which shall be given at least ten days prior to such hearing by publication in a local newspaper of general circulation in the city, and at least ten days prior to such hearing shall be sent through the United States mails to all persons whose names and addresses appear on the county tax rolls adopted the previous January 1st as owning property within a distance of not less than three hundred feet from the exterior boundaries of the parcel which is the subject of the hearing.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

A.

In order to grant any use permit, the findings of the planning commission shall be as follows:

1.

The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use; and

2.

The proposed use will not be detrimental or injurious to property and improvements in the neighborhood of the proposed use; and

3.

The proposed use will not be detrimental or injurious to the general welfare of the city; and

4.

The proposed use is consistent with the general plan and any specific plans adopted for the applicable area and in conformity with the most restrictive designations, policies and provisions of such plans should such plans, or maps contained therein, differ in any respect from one another.

B.

The planning commission may designate such conditions in connection with approval of the use permit as it deems necessary to secure the purposes of this title and may require such guarantee or evidences that such conditions are being or will be complied with.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

In any case, where an interested party is not satisfied with the action of the planning commission, they may, within ten days of such action by the commission, appeal in writing to the city council. Upon receipt of such notice of appeal, the city clerk shall set a date for a public hearing and shall provide notice of such

hearing in accordance with Section 17.50.030. The city council shall render its decision within sixty days after the filing of such appeal.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

No building permit shall be issued in any case where a use permit is required by the terms of this title until ten days after granting of such use permit by the planning director or planning commission, or after the granting of such use permit by the planning commission or city council in the event of appeal, and then only in accordance with the terms and conditions of the use permit granted.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

Any use permit or variance granted by the planning commission or city council becomes null and void if not exercised within the time specified in such permit approval or variance; or, if no date is specified, if not exercised within one year from the date of approval; provided, however, that an extension of up to twelve additional months may be granted by the planning commission upon receipt of an application for extension which is received prior to the expiration date.

(Ord. 515 § 1 Exh. A (part), 1987)

The planning commission may, after a public hearing held in the manner prescribed in Sections 17.50.025 and 17.50.030, revoke or modify any use permit on any one or more of the following grounds:

A.

That the approval was obtained by fraud;

B.

That the use for which such approval is granted is not being exercised;

C.

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more;

D.

That the permit or variance granted is being or recently has been exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation;

E.

That the use for which the approval was granted was so exercised as to be detrimental to the public health or safety, or so exercised as to constitute a nuisance.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

17.50.090 - Uses permitted in any zone with a conditional use permit.

The uses listed in Section 17.02.145 may be permitted in any zoning district of the city upon issuance of a conditional use permit in the manner described in Chapter 17.50.

(Ord. 744 § 1 (part), 2006: Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.54 - ZONING AMENDMENTS

17.54.010 - Amendments—Generally.

Chapter 17.02 through 17.62 may be amended by changing the boundaries of districts or by changing any other provision thereof when the public necessity and convenience and the general welfare require such amendment.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.020 - Amendments—Zoning procedures.

Any change in the boundaries of districts of the city may only be effected by amendments to Chapters 17.02 through 17.58. In each case, whether a change of a "unclassified district" or a rezoning of an established district, the planning commission shall hold at least one public hearing.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.030 - Amendments—Initiation of proposed amendment.

An amendment may be initiated by:

A.

The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission and shall be accompanied by a fee in the amount fixed by resolution of the city council as per schedule on file with the planning commission, no part of which shall be returnable to the petitioner; or by

B.

Resolution of intention of the city council; or by

C.

Resolution of intention by the planning commission.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.040 - Amendments—Public hearings.

A.

The planning commission shall hold public hearings as required by law on any proposed amendments, and shall give notice thereof by at least one publication in a newspaper of general circulation within the city at least ten days prior to such hearings.

B.

In case the proposed amendment consists of a change of the boundaries of any district so as to reclassify property from one district to any other district, the planning commission shall give notice of the hearing by mail to all persons, including businesses, corporations or other public or private entities, shown on the last equalized assessment roll as owning real property within three hundred feet of the property which is the subject of the proposed zoning change. In addition, the planning commission may given notice of the time and place of such hearings and of the purpose by posting public notice thereof not less than ten days prior to the date of such hearings along the street and roads upon which the property proposed to be classified abuts and in the vicinity thereof. Any failure to post public notices as aforesaid shall not invalidate any proceedings for amendment of Chapter 17.02 through 17.62.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.050 - Amendments—Action by planning commission.

Following the aforesaid hearings, the planning commission shall submit a report of its findings and a summary of hearings, together with its recommendations with respect to the proposed amendment to the city council.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.060 - Amendments—Action by city council.

Upon receipt of such reports from the planning commission, the city council shall set the matter for public hearing and shall give notice thereof by one publication in a newspaper of general circulation with the city at least ten days prior to such hearing. Within ninety days from the date of receipt of the planning commission's report, the city council may adopt the proposed amendment or any part thereof. Upon the consent of the planning commission, any petition for an amendment may be withdrawn upon written application of a majority of all the persons who signed such petition. The city council may by resolution abandon any proceedings for an amendment initiated by its own action; provided, that such abandonment may be made only when such proceedings are before such body and provided that any hearing of which public notice has been given shall be held.

(Ord. 515 § 1 Exh. A (part), 1987)

17.54.070 - Limitations on renewal or refiling of application.

Where any application made pursuant to this title has been denied, no new application for the same purpose shall be filed within one year of the date of the previous denial unless the planning commission, for good cause, shall grant permission to do so, or the city council or planning commission shall initiate such application.

(Ord. 515 § 1 Exh. A (part), 1987).

Chapter 17.56 - NONCONFORMING USES

The lawful use of land existing at the time of the adoption of this title, although such use does not conform to the regulations specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased nor extended to occupy a greater area than that occupied by such use at the time of the adoption of this title, and that if any such use ceases, the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located, except that all of the following uses (wrecking yards, salvage yards, blacksmith shops, contractors' yards, equipment yards and truck terminals) shall be enclosed by a solid board or masonry fence at least six feet in height for fire protection and to prevent debris from scattering in the area; provided further, that no junk, dismantled cars or machinery shall be stacked higher than the fence. All of the above-stated uses shall comply with these special regulations or shall be moved entirely by July 1, 1961.

(Ord. 515 § 1 Exh. A (part), 1987)

The lawful use of buildings existing at the time of the adoption of this title may be continued although such use does not conform to the regulations specified for the district in which such building is located.

(Ord. 515 § 1 Exh. A (part), 1987)

The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case, a use permit shall first be obtained.

(Ord. 515 § 1 Exh. A (part), 1987)

The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case, a use permit shall first be obtained.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

If the nonconforming use of the building or operations within a building cease for a continuous period of one year, it shall be considered abandoned and shall thereafter be used only in accordance with the regulations of the district in which it is is located.

B.

Notwithstanding the provisions of subsection A of this section, a use permit may be granted for the operation of a nonconforming use of the same or more restricted nature if the following findings are made by the planning commission:

1.

Less than twenty-five percent of the parcels of real property wholly within a radius of three hundred feet and within the same or more restrictive zone are actually being used for a purpose authorized by the applicable zoning regulations;

2.

That the existing property and buildings thereon will be aesthetically improved by virtue of the proposed nonconforming use.

C.

No use permit authorized by this section shall issued for a period in excess of twenty-four months. The renewal of the use permit may be granted for successive twenty-four-month periods, provided that the planning commission, at a regular public hearing, makes the findings as set forth in subsections A and B of this section.

(Ord. 515 § 1 Exh. A (part), 1987)

A nonconforming building damaged or destroyed by fire, explosion, earthquake or other act to an extent of more than fifty percent of the appraised value thereof, according to the assessor's records, may be restored only if made to conform to all the regulations of the district in which it is located; provided, that such building may be restored to a total floor area not exceeding that of the former building if a use permit is first secured in each case.

(Ord. 515 § 1 Exh. A (part), 1987)

Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations are made; provided further, that such work does not exceed fifteen percent of the appraised value in any one-year period. Other repairs or alterations may be permitted; provided, that a use permit shall first be secured in each case.

(Ord. 515 § 1 Exh. A (part), 1987)

Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued in accordance with the provisions of chapters then effective, and upon which actual construction has been started prior to April 4, 1957;

provided, that in all such case, actual construction shall be diligently carried on until completion of the building.

(Ord. 515 § 1 Exh. A (part), 1987)