Chapter 17.58 — ADULT ENTERTAINMENT

The intent and purpose of this chapter is to regulate uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

(Ord. 515 § 1 Exh. A (part), 1987)

A.

"Adult entertainment business or activity" means an establishment that is not customarily open to the public generally, but only to one or more classes of the public and which normally excludes minors by reason of age during all or a portion of its operating hours. Such establishments usually charge a fee for a service or sale item to be purchased. Such business is characterized by emphases on depicting, describing or relating to specified sexual activities or specified anatomical areas. The term includes, but is not limited to, the following uses:

1.

Adult Bookstore. An establishment which as at least twenty-five percent of its stock-in-trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material, and which excludes minors by virtue of age from all or part of the establishment.

2.

Adult Motion Picture Theater. An enclosed building with a capacity of fifty of more persons used for presenting material distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, and which excludes minors by virtue of age.

3.

Adult Mini Motion Picture Theater. An enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein, and which excludes minors by virtue of age.

4.

Adult Cabaret. A cabaret which features live performance by topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas, and which excludes minors by virtue of age.

5.

Adult Massage Parlor. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities, or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas, and which excludes minors by reason of age.

6.

Adult Model Studios. Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity, and which excludes minors by virtue of age.

7.

Adult Sexual Encounter Center. Any business, agency, or person who, for any form of consideration or gratuity, provides a place where three or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas, and which excludes minors by virtue of age.

8.

Adult Motion Picture Arcade. Any place to which the public is permitted or invited, wherein coin-operated or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where at least ten percent of the films or presentations shown or available to be shown are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas, and which excludes minors by virtue of age.

9.

Adult Hotel or Motel. A hotel or motel, in part used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, and which excludes minors by virtue of age.

10.

Adult Drive-In Theater used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, and which excludes minors by virtue of age.

B.

"Cabaret" means a cafe, lounge, bar, restaurant, nightclub, theater or other establishment where patrons are entertained by performers who dance, sing, or play musical instruments.

C.

"Residential structure" means a building(s) or mobilehome(s) that contains one or more dwelling units. Residential structure does not include a motel or hotel which is rented on a day-to-day basis.

D.

"Specified sexual activities," as follows:

1.

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

2.

Clearly depicted human genitals in a state or sexual stimulation, arousal or tumescence; or

3.

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

E.

"Specified anatomical areas," as follows:

Less than completely and opaquely covered:

a.

Human genitals or pubic region,

b.

Buttock,

c.

Female breast below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

F.

"Distinguished or characterized by an emphasis," when used in the preceding definitions, refers to the dominant or essential theme.

G.

"Used for," when used in the preceding definitions, refer to at least ten percent of the programming or activity.

(Ord. 515 § 1 Exh. A (part), 1987)

17.58.030 - Adult entertainment requirements.

A.

No adult entertainment business or activity that involves specified sexual activities or display of specified anatomical areas shall be permitted, except in a C-3 district by use permit upon meeting the following requirements:

1.

No adult entertainment business shall be located closer than four hundred feet to any residential district nor closer than six hundred feet to any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate;

2.

No adult entertainment business shall be located closer than one thousand feet to any other adult entertainment business.

B.

The distance between any adult entertainment business or activity and any hospital, school, church, park, playground or other area when large number of minors regularly travel or congregate shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment business to the closest property line where the other building or activity is conducted. The distance between two adult entertainment businesses will be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business.

C.

The distance separation requirements specified in subsection A2 of this section may be waived, provided that:

1.

A petition is received and verified and signed by sixty percent of those persons owning property within the radius of one thousand feet of the existing adult entertainment business, in which case, the distance separation requirement may be reduced to not less than six hundred feet; and

2.

The following findings are made;

a.

That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed, and

b.

That the proposed use will not enlarge or encourage the development of a "skid-row" area, and

c.

That the establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential.

D.

A use permit shall be granted by the planning commission for any adult entertainment business or activity meeting the requirements of the California Environmental Quality Act, and subject to the conditions listed below if the commission makes the findings required under Section 17.52.040 of this code. A use permit shall be granted for any adult bookstore, adult theater, or adult drive-in theater meeting the requirements of the California Environmental Quality Act but without the necessity of the foregoing findings, subject to the following conditions:

1.

All building openings, entries, windows, etc., for adult entertainment shall be located, screened, or covered in such a manner to prevent a view into the interior from any public area.

2.

Advertisements, displays or promotional materials shall be considered as signs if visible from the public right-of-way or adjacent properties. Materials shall not be placed, maintained, displayed or exhibit in any manner which exposes to public view photographs or illustrations of specified sexual activities or of poses which emphasize or direct the viewer's attention to specified anatomical areas. As used herein, "exposes to public view" means exposes to the view of persons outside the building or structure in which the material is placed, maintained, displayed or exhibited.

3.

Compliance with all applicable local or state laws including but not limited to off-street parking, building code, fire code, etc.

4.

All adult entertainment uses shall be contained entirely within an enclosed building or shielded in such a manner that such uses are not visible from adjoining public or private property.

5.

No signs or other structures shall be placed, erected or used on the premises without prior approval of the planning commission, nor shall the building be painted in such a fashion as will effectuate the same purpose as a sign(s).

6.

All off-street parking areas and store entrances shall be illuminated.

7.

No external loudspeakers or sound equipment shall be permitted.

8.

Solicitation of customers by paid barkers or employees outside of the establishment shall not be permitted.

(Ord. 515 § 1 Exh. A (part), 1987)

All adult entertainment activities which become subject to the provisions of this chapter as a result of annexation, or by adoption of this chapter, and which do not meet the locational requirements of this chapter, shall cease operation within three years following receipt of a written notice from the planning commission to the owner of the premises; provided, that such activities may be allowed to continue for an additional period upon the finding that the activity is obligated by virtue of a written lease entered into before the effective date of this chapter, for a period exceeding three years from such effective date of this chapter, or that the activity involves investment of money in leasehold or improvements, of such sum that a longer period is necessary to prevent undue financial hardship.

(Ord. 515 § 1 Exh. A (part), 1987)

Chapter 17.60 - USES PERMITTED WITH A RESIDENCE OR IN RESIDENTIAL DISTRICTS[[14]]

Footnotes:

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Editor's note— Ord. No. 862, § 3, adopted Oct. 1, 2024, repealed the former Ch. 17.60, §§ 17.60.010— 17.60.040, and enacted a new Ch. 17.60 as set out herein. The former Ch. 17.60 pertained to similar subject matter, and derived from Ord. No. 515, § 1(Exh. A) (part), adopted in 1987; Ord. No. 722, § 6, adopted in 2003; and Ord. No. 814, § 1, adopted Nov. 21, 2017.

Certain land uses may be acceptable within any or certain residential districts; provided, that they meet appropriate standards.

(Ord. No. 862, § 3, 10-1-2024)

17.60.020 - Reserved. 17.60.030 - Accessory residential dwelling units.

A.

Intent and General Requirements. It is the intent of this section to meet the housing needs of this community by providing additional housing options for family members, students, the elderly, in-home health care providers, the disabled, veterans and others; and to comply with the requirements of California Government Code Section 65852.2 et seq. The following criteria are set forth to allow for the placement of attached or detached second units on lots in areas zoned for residential use. An accessory dwelling unit— attached or detached from the primary residence—shall be permitted upon any lot existing as a legal lot of record prior to, or after, the effective date of this section.

B.

Specific Requirements for Accessory Residential Units.

1.

Use. The lot where the accessory residential unit is located must contain an existing single-family dwelling. Accessory units may be occupied only for residential purposes and one of the units on the lot shall be owner-occupied at all times. No accessory dwelling unit shall be used as a short-term rental (less than thirty consecutive days).

2.

Ownership. An accessory dwelling unit shall not be sold separately from the one-family residence on the same lot, except as provided in Government Code Section 66341. An accessory dwelling unit may be

leased or rented provided the lease or rental is for thirty consecutive days or longer, unless otherwise permitted by this code.

3.

Height. The height shall be no more than the limitations set forth in Government Code Section 66321(b)(4).

4.

Size. The floor area for the accessory unit shall not be less than four hundred square feet nor shall it exceed one thousand two hundred square feet. Attached units shall not exceed a maximum of fifty percent of the size of the living space of the primary dwelling. Where fifty percent of the living space of the primary dwelling is less than six hundred forty square feet, the living space of a detached accessory dwelling unit may be up to six hundred forty square feet.

5.

Development Standards. Unless otherwise stated in Government Code Section 66314, all new construction shall conform to the height, setback, lot coverage, fees and other zoning requirements otherwise applicable to residential construction in the zone in which the property is located. The following standards are also applicable to the construction of accessory residential units. Where there is a conflict between the standards of the zoning district and those that follow, the least restrictive standard shall apply:

a.

New Detached Units.

(1)

New detached accessory dwelling units shall not be located within a required setback. Building encroachments of up to two feet that are required to achieve compliance with building or fire code standards may be approved by the director where it can be shown that the encroachment is necessary to achieve compliance with California Government Code Section 66314 and the intent of this chapter.

b.

Units Within or Attached to an Existing Structure:

(1)

Accessory units constructed entirely within a legally existing structure may be located within a required setback. Modifications to such structures where required to meet building or fire code standards may be approved by the director where it can be shown that compliance with the standard would make the project infeasible. Compliance with the standards of the underlying zoning district for the side and rear lot lines shall not be required for a new accessory dwelling unit that is constructed above a legally established garage or residential accessory building.

6.

Building Code Compliance. California building code requirements which apply to additions to existing single-family dwellings, as appropriate, will apply to accessory dwelling units.

7.

Fire Code Compliance. The accessory dwelling unit shall meet all requirements of the fire protection district, as applicable, for the lot on which the unit is located, including adequate access to the accessory dwelling unit for emergency personnel and equipment. Accessory dwelling units constructed within an existing residence shall not be required to provide fire sprinklers if they are not required for the primary residence.

8.

Impact Fees. Unless otherwise stated in Government Code Section 66324, public facility development impact fees for an accessory dwelling unit shall be calculated at the same rate as a single-family development only when the accessory dwelling unit is constructed with the single-family dwelling. Payment of public facility development impact fees shall not be required where the accessory dwelling unit is constructed entirely within an existing structure, and such unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter or is less than seven hundred fifty

square feet. Payment of public facility development impact fees otherwise required for a residential unit may be waived by the director where the detached or attached accessory dwelling unit does not have a separate sewer lateral which connects to the city wastewater system or a separate water meter.

9.

Septic Systems. Approval by the county environmental health department is required where a private sewage disposal system is being used.

10.

Number of Accessory Dwelling Units. There shall be no more than one accessory dwelling unit and junior accessory dwelling unit per legal lot.

11.

Parking. Off-street parking requirements for an accessory dwelling unit shall be one additional parking space for a studio or one-bedroom unit, and two additional spaces for a unit with two or more bedrooms. Such parking may be provided as tandem parking on an existing driveway. Where the accessory unit is constructed within an area of existing covered parking required for the use of the primary residence by this code, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, a covered space, uncovered space, or tandem space which meets the dimensional and access standards of Chapter 17.46, "Off-Street Parking Requirements." Parking shall otherwise comply with California Government Code Section 66314 and all other applicable provisions of this code.

C.

Exceptions. Exceptions may be granted to the development standards set forth in this section if an administrative design review approval is obtained and the following findings are made by the director:

1.

The proposed exception from the development standard(s) is necessary due to physical or other constraints on the lot that make the strict application of the standard(s) impractical or inconsistent with existing development on the lot or in the immediate neighborhood; and

2.

The proposed exception from the development standard(s) would not result in a health or safety hazard for existing and future residents on the lot or in the immediate neighborhood.

(Ord. No. 862, § 3, 10-1-2024)

A bed and breakfast facility may be permitted in districts which provide for them if a use permit is first secured; provided that:

A.

There shall not be more than two guestrooms.

B.

There shall be no more than two adults per guestroom.

C.

The guestrooms may be in a detached accessory building if located in a district that permits guesthouses. Such building shall be located behind the primary residence, shall exceed twenty feet in height (unless it is existing), and shall be architecturally compatible with the principal residence.

D.

Neither the principal residence or detached building, if any, shall be a mobile home.

E.

The owner shall occupy the one-family residence.

F.

The guestrooms shall not have individual kitchen facilities.

G.

Meals shall be limited to overnight guests.

H.

No signs shall be permitted.

I.

Separate bed and breakfast facilities shall not be within one thousand five hundred feet driving distance of each other.

J.

The facility shall front on a paved road.

K.

Off-street parking shall be provided as specified by Section 17.46.040. The parking area shall be located in an inconspicuous area and shall be surfaced to county standards.

L.

The facility shall not interfere with or adversely impact surrounding residential uses.

M.

No employees are permitted other than those residing in the dwelling unit.

N.

The requirements of the department of environmental health shall be met.

(Ord. No. 862, § 3, 10-1-2024)

Chapter 17.62 - DESIGN REVIEW[[15]]

Footnotes:

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Editor's note— Ord. No. 848, § 1, adopted Aug. 16, 2022, repealed the former Ch. 17.62, §§ 17.62.005, 17.62.010, 17.62.015, and 17.62.020—17.62.080, and enacted a new Ch. 17.62 as set out herein. The former Ch. 17.62 pertained to uses requiring design review, and derived from Ord. No. 679 § 1 (Exh. 1 (part)), 1998.

Prior ordinance history: Ordinances 515 and 537.

This chapter is adopted to promote the general health, safety, welfare, and economy of the residents of the community. The purposes of this chapter are to:

A.

Promote orderly and harmonious development of the city;

B.

Enhance the desirability of residence or investment in the city;

C.

Encourage the attainment of the most desirable use of land and improvements;

D.

Enhance the desirability of living conditions upon the immediate site or in adjacent areas; and

E.

Promote visual environments which are of high aesthetic quality and variety and which at the same time are considerate of each other.

(Ord. No. 848, § 1, 8-16-2022)

17.62.020 - Definitions.

As used in this chapter, the following terms are defined in this section:

"Director" means the City of Anderson public works director.

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

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

1.

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

2.

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

3.

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

"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.

"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. 848, § 1, 8-16-2022)

A design review committee shall be established consisting of three members who shall be entitled to vote: One person appointed by the planning commission, one public works department representative, and one police department administrative representative. The planning commission appointee shall be appointed as recommended by the chairman of the planning commission and approved by the planning commission. The planning commission appointee shall serve at the pleasure of the planning commission. The public works department representative shall be appointed by and serve at the pleasure of the director. The police department representative shall be appointed by and serve at the pleasure of the chief of police.

(Ord. No. 848, § 1, 8-16-2022)

17.62.040 - Projects reviewed by the design review committee.

A project shall be reviewed by the design review committee under the following circumstances:

A.

Whenever a contractor, developer or their designee intends to construct three or more single-family residences on contiguous land; or

B.

Whenever an application is made for a building permit involving new construction or exterior modifications for any multifamily, commercial or industrial building or any building or structure in any multiple-family, commercial or industrial district; or

C.

In any special circumstance where, in the opinion of the planning commission, the review of the proposed project will be beneficial to the city.

(Ord. No. 848, § 1, 8-16-2022)

17.62.050 - Administrative design review.

The design review committee delegates to the director authority to approve certain routine or minor projects. In any case, the project can go to the design review committee at the request of the applicant or the director.

Minor projects are those which because of their limited size and scope have minor aesthetic implications. Examples of such projects include, but are not limited to, the following:

A.

Alterations, repairs, and remodels that the director determines to be of a minor nature, including signs;

B.

Additions to existing structures;

C.

Fences and walls;

D.

New construction on existing, partially developed parcels;

E.

Replacement-in-kind;

F.

Satellite dish antennas larger than one meter in diameter;

G.

Detached single-family dwellings, including manufactured housing, and accessory dwelling units for singlefamily dwellings;

H.

Signs.

If the director determines that an otherwise minor project may have greater aesthetic implications, the director may refer the project to the design review committee.

(Ord. No. 848, § 1, 8-16-2022)

The design review committee meets as necessary in order to review all commercial, industrial and office projects, as well as residential projects of three or more units. Plans which are submitted to the building division for building permits and which fall under the above-mentioned categories, are routinely referred to the director for presentation to the design review committee.

(Ord. No. 848, § 1, 8-16-2022)

17.62.070 - Required submittals.

The following are required submittals:

A.

Completed design review application;

B.

Preliminary architectural drawings or renderings of each proposed building or structure shall be submitted for design review and shall be approved for submittal by the secretary of the design review committee. Such drawings or renderings need not be final but shall indicate sufficient detail and reasonable accuracy:

1.

Site plan or plans;

2.

Elevations;

3.

Landscaping plans;

4.

Utility locations;

5.

Off-street parking and vehicular access;

6.

Color samples of the exterior;

7.

Relationship of building or structures to adjacent existing or proposed buildings, structures or projects including site orientation; and

8.

Trash enclosures for all projects except single-family dwellings.

C.

No building permit shall be issued in any case where design review is required until such drawings and sketches have been approved by the design review committee or planning commission or city council, in the event of an appeal, and all buildings, structures and grounds shall be in accordance with the drawings and sketches.

(Ord. No. 848, § 1, 8-16-2022)

Upon receipt of a complete application and other required documents under Section 17.62.070, the design review committee or, in the case of a minor project, the director, shall conduct a review of the location, design, site plan configuration, and effect of the proposed development by comparing the project plans to

established development standards, design guidelines, and other applicable ordinances of the city, and the general plan and then making the findings set forth in Section 17.62.090.

(Ord. No. 848, § 1, 8-16-2022)

The design review committee or director, where authorized, shall determine whether or not a project adequately meets adopted city standards and design guidelines, based upon the following findings:

A.

The proposed development is consistent with the general plan, any applicable specific plan, and any applicable neighborhood or area plans;

B.

The proposed development, including the character, scale, and quality of design, are consistent with the purpose/intent of this chapter and the city's adopted design guidelines and development standards;

C.

The architectural design of structures, including all elevations, materials and colors are visually compatible with surrounding development. Design elements, including screening of equipment, exterior lighting, signs, and awnings, have been incorporated into the project to further ensure its compatibility with the character and uses of adjacent development;

D.

The location and configuration of structures are compatible with their sites and with surrounding sites and structures and do not unnecessarily block views from other structures or dominate their surroundings; and

E.

The general landscape design, including the color, location, size, texture, type, and coverage of plant materials, and provisions for irrigation, maintenance, and protection of landscape elements, have been considered to ensure visual relief, to complement structures, and to provide an attractive environment.

(Ord. No. 848, § 1, 8-16-2022)

Anyone may appeal in writing the decision of the design review committee within ten days of the decision to the planning commission. In addition, the design review committee may, if it deems advisable, refer any application for design approval directly to the planning commission for a decision. Any decision of the planning commission with respect to the design review may be appealed in writing to the city council within ten days of the decision of the planning commission.

(Ord. No. 848, § 1, 8-16-2022)

Any approval granted under this chapter becomes null and void if not exercised within the time specified in such approval, or, if no date is specified, if not exercised within one year from date of approval.

(Ord. No. 848, § 1, 8-16-2022)

Chapter 17.63 - WATER EFFICIENT LANDSCAPE STANDARDS

This chapter is intended to comply with and implement the provisions of the California Model Water Efficient Landscape Ordinance, hereinafter referred to as MWELO, as may be amended from time to time. The specific purposes of the MWELO and these regulations are to:

A.

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

B.

Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated project s by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

C.

Establish provisions for water management practices and water waste prevention for existing landscapes;

D.

Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;

E.

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

F.

Encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

G.

Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

In addition to the requirements of this chapter, the following sections of the state MWELO (California Code of Regulations, Title 23, Division 2.7) are hereby adopted and incorporated by reference, a copy of which is on file and open for inspection in the city development services department.

Appendix D—Prescriptive Compliance Option.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

After December 1, 2015, and consistent with Executive Order No. B-29-15, this chapter shall apply to all of the following landscape projects:

A.

New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review;

B.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review;

C.

Existing landscapes limited to Section 17.63.060.B;

D.

Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, and 492.11 of the MWELO and 17.63.060.A of this chapter; and existing cemeteries are limited to Sections 17.63.060.B and 17.63.070 of this chapter;

E.

Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this chapter and/or conform to the prescriptive measures contained in Appendix D of the MWELO;

F.

For projects using treated or untreated graywater or rainwater captured on site with the approval of the city, any lot or parcel within the project area that has less than two thousand five hundred square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5) of the MWELO;

G.

This chapter does not apply to:

1.

Registered local, state or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Existing plant collections, as part of botanical gardens and arboretums which are open to the public, or to landscaping stock which is being held for sale by a licensed wholesale or retail nursery or similar business.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

A.

A landscape documentation package must be submitted and found to satisfy the requirements of this chapter and/or the requirements of the MWELO prior to issuance of a building permit for new construction or the authorization for water service and the installation of a new water meter. The application shall include an application fee as may be required by resolution of the city council.

The landscape documentation package shall include the following six elements:

1.

Project information;

a.

Date.

b.

Project applicant.

c.

Project address (if available, parcel and/or lot number(s).

d.

Total landscape area (square feet).

e.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).

f.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well.

g.

Checklist of all documents in landscape documentation package.

h.

Project contacts to include contact information for the project applicant, licensed designer and/or installer and the property owner.

i.

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."

2.

Water efficient landscape worksheet;

a.

Hydrozone information table.

b.

Water budget calculations;

(1)

Maximum applied water allowance (MAWA).

(2)

Estimated total water use (ETWU).

3.

Soil management report when required;

4.

Landscape design plan;

5.

Irrigation design plan; and

6.

Grading design plan when required.

B.

Upon approval of the landscape documentation package, the project applicant shall:

1.

Receive a building permit and record the date of the permit on the certificate of completion.

2.

Provide a copy of the approved landscape documentation package to the property owner or site manager.

3.

Submit a copy of the water efficient landscape worksheet to the city.

C.

In the event that a water-supply emergency is declared by the city, these landscape requirements shall be deferred for those projects served within the impacted area until such time as the water-supply emergency has been lifted.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

A.

Upon completion of the installation of landscape and irrigation systems in compliance with the approved landscape design plan, a certificate of completion in a format approved by the city shall be submitted to the city and to the owner of record for review. The city shall review the certificate of completion and shall approve or deny the certificate. If the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal, or other assistance. All appeals shall be heard by the planning commission. The certificate of completion shall include the following six elements:

1.

Project information sheet that contains:

a.

Date;

b.

Project name;

c.

Project applicant name, telephone, and mailing address;

d.

Project address and location; and

e.

Property owner name, telephone, and mailing address.

2.

Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved landscape documentation package;

a.

Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;

b.

A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes by the owner.

3.

Irrigation scheduling parameters used to set the controller (see Section 492.10 of the MWELO);

4.

Landscape and irrigation maintenance schedule (see Section 492.11 of the MWELO);

5.

Irrigation audit report (see Section 492.12 of the MWELO); and

6.

Soil analysis report, if not submitted with landscape documentation package, and documentation verifying implementation of soil report recommendations (see Section 492.5 of the MWELO).

B.

The project applicant shall:

1.

Submit the signed certificate of completion to the city for review;

2.

Ensure that copies of the approved certificate of completion are submitted to the property owner or property owner designee.

C.

The city will approve or deny the certificate of completion. If the certificate of completion is denied, the city will provide information to the project applicant regarding reapplication, appeal, or other available assistance.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

All landscape irrigation audits required by the MWELO shall be conducted by a third party certified landscape irrigation auditor and shall not be conducted by the person who designed or installed the landscape. In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one in seven lots or approximately fifteen percent will satisfy the auditing requirement.

A.

For new construction and rehabilitated landscape projects installed after December 1, 2015, not involving use of the prescriptive compliance option as set forth in the state law, the project applicant shall submit an irrigation audit report with the certificate of completion to the city that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming.

The city will administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

B.

The following shall apply to all existing landscapes that were installed before December 1, 2015, and are over one acre in size.

1.

For landscapes that have a water meter, the city may administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

2.

For landscapes that do not have a meter, the city may administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

A.

The city will prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving landscape areas due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. The city may establish and administer penalties to the project applicant for non-compliance with the chapter to the extent permitted by law.

B.

Restrictions regarding overspray and runoff may be modified if:

1.

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2.

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

The city will provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

A.

Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter. The signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. Information shall also be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 813, § 1(Exh. A), 11-21-2017)

Chapter 17.64 - ENVIRONMENTAL REVIEW

The purpose of this chapter is to provide the city, project applicants and the public with the procedures to be used in administering the city's responsibilities under the California Environmental Quality Act (CEQA), codified as Public Resources Code Section 21000, et seq. as amended ("the statutes"). The procedures are intended to protect both local and regional natural resources in a manner that is consistent with the goals and policies of the Anderson general plan.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

The full text of the State CEQA Guidelines ("the guidelines") as amended is incorporated by reference into this chapter, as if fully set out herein, and shall supersede any inconsistent provisions of these city environmental review procedures. These environmental review procedures supplement the State CEQA Guidelines adopted as California Code of Regulations, Title 14, Section 15000 et seq. In the event there is a conflict between the Public Resources Code and the CEQA Guidelines, the Public Resources Code shall govern.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Specifically incorporated herein are the definition sections of the Public Resources Code (Sections 21060 through 21069) and of the State CEQA Guidelines contained in Sections 15350 through 15387.

B.

The list of defined terms in Chapter 17.04 of the city's zoning code under Title 17 of the city Municipal Code is expanded by reference to include the definitions contained in the Public Resources Code and the State CEQA Guidelines.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

17.64.040 - Application completeness—Time limits.

A.

The community and economic development director shall determine whether an application for a permit or other entitlement for use is complete within thirty calendar days from the receipt of the application. If no written determination of the completeness of the application is made within that period, the application shall be deemed complete on the thirty-first day.

B.

When reviewing the application for completeness, the community and economic development director shall identify environmental issues that might require preparation of a negative declaration, a mitigated negative declaration, or an environmental impact report (EIR) or may require additional information or explanation by the applicant. An applicant for a project shall not be accepted as complete by the community and economic development director until all the information necessary for environmental review has been submitted.

C.

Accepting an application as complete does not limit the authority of the city to require the applicant to submit additional information needed for environmental evaluation of the project.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Ministerial Projects. Projects which are determined to be ministerial, as defined in Section 15268 of the State CEQA Guidelines, are exempt from CEQA.

B.

Statutory and Categorical Exemptions. Statutory exemptions deal with projects for which exemptions from CEQA have been granted by the State Legislature as described in Article 18 of the State CEQA Guidelines. Categorical exemptions deal with projects which have been determined to have no potential for significant effect on the environment as described in Article 19 of the State CEQA Guidelines, the following is a list of specific activities which fall within the categorical exemption classes and are considered exempt by the city. This list should not be construed as inclusive and is subject to interpretation by the director of community and economic development, the planning commission, or the city council.

1.

Existing Facilities (Section 15301 of CEQA).

a.

Use permits as outlined under Chapter 17.50 of the Anderson Municipal Code;

b.

Home Occupation permits as outlined under Chapter 17.60 of the Anderson Municipal Code;

c.

Zoning exceptions;

d.

Animal permits.

2.

New Construction or Conversion of Small Structures (Sections 15302 and 15303 of CEQA).

a.

Use permits as outlined under Chapter 17.50 of the Anderson Municipal Code;

b.

Administrative sign permits as outlined in Chapter 17.44.

Minor Alterations to Land (Section 15304 of CEQA).

a.

Grading and clearing permits as exempted under Chapters 12.12, 12.20 and 16.26 of the Anderson Municipal Code;

b.

Administrative parcel maps.

4.

Minor Alterations in Land Use Limitations (Section 15303 of CEQA).

a.

Variances which do not result in any potential environmental impacts;

b.

Abandonments which do not result in any potential environmental impacts.

C.

Notice of Exemption. When the community and economic development director determines that a project is categorically or statutorily exempt from CEQA, and the city approves or decides to carry out a project, the director may file a notice of exemption. Within three months after determining that a project is exempt from CEQA, the city shall act on the permit application for that project. The notice of exemption may be prepared in accordance with Section 15062 and Supplementary Document Q of the CEQA Guidelines.

1.

Filing of Notice of Exemption. The community and economic development director may file the notice of exemption with the county clerk of Shasta County. Copies of the notice may also be available for public inspection at the community and economic development director.

2.

Statute of Limitations. If requested, notices of exemption shall be mailed to requesting parties provided that the request is made within the thirty day posting period of the notice. Mailing of the notices starts a thirtyfive day statute of limitation period on legal challenges to the city's decision that the project is exempt from CEQA. If a notice of exemption is not filed, a one hundred eighty-day statute of limitation will apply.

notices of exemption shall be mailed to requesting parties provided that the request is made within the thirty day posting period of the notice. Mailing of the notices starts a thirtyfive day statute of limitation period on legal challenges to the city's decision that the project is exempt from CEQA. If a notice of exemption is not filed, a one hundred eighty-day statute of limitation will apply.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Environmental Review Committee. An environmental review committee, composed of the community and economic development director, the public works director, and the chair of the planning commission or designee, may review initial studies, approve draft negative declarations, and determine the need for an EIR. Meetings of the committee shall be noticed seventy-two hours in advance and public hearings before the committee shall be noticed as required by local and state law.

B.

Initial Study. If it is determined that a project is not exempt and is subject to CEQA, the community and economic development director shall complete an initial study to determine whether a negative declaration, mitigated negative declaration, or environmental impact report (EIR) is to be prepared. If the director determines that an EIR clearly will be required for a project, an expanded initial study may be conducted to better focus the EIR on important environmental issues.

The initial study report shall be a written environmental determination in the form of an initial study checklist on file with the community and economic development director and is in compliance with Section 15063 of the CEQA Guidelines. If necessary, an extended initial study may be prepared to document the factual basis for the finding in a negative declaration that a project will not have a significant effect on the environment. Thresholds of significance shall be determined as based on CEQA, the Anderson general plan, and other regulatory documents or permit requirements. The extended initial study may also discuss methods to mitigate any potentially significant effects of the proposed project and provide a discussion regarding consistency with existing zoning, general plan and other applicable land use regulations.

Upon completion of an initial study or expanded initial study, the community and economic development director or environmental review committee shall make an environmental determination as to whether a draft negative declaration or a mitigated negative declaration, or environmental impact report is to be prepared.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

17.64.070 - Negative declaration.

A.

Upon selection of the appropriate environmental determination, the community and economic development director staff shall prepare a draft negative declaration for a project when the initial study demonstrates that there is no substantial evidence that the project will have a significant effect on the environment.

B.

Where the community and economic development director determines that a project may have a significant effect on the environment, the director may propose modifications to the project which would mitigate the potential effects to a level of "less than significant." If such mitigation measures are agreed to in advance by the project proponent and are incorporated into the project or made a condition of the project, the community and economic development director may prepare a draft mitigated negative declaration.

C.

As required by Section 20191 of the Public Resources Code, the community and economic development director shall provide at least a twenty-calendar day public review period for a draft negative declaration or mitigated negative declaration from the date the notice of intent to adopt is postmarked. When a negative declaration or a mitigated negative declaration is submitted to the state clearinghouse for review by state agencies, the review period shall not be less than thirty calendar days from the date the document is distributed by the clearinghouse. Pursuant to the provisions of Public Resources Code Section 20191 of the statutes, the community and economic development director is authorized to request a shortened review period. The proposed negative declaration or a mitigated negative declaration shall be kept on file at the office of the community and economic development director to provide an opportunity for public review.

D.

The public notice of availability of a proposed negative declaration or a mitigated negative declaration shall be mailed to all property owners within three hundred feet of the exterior property boundaries of the subject property using the ownership names and addresses from the latest available Shasta County tax assessor rolls. The notice shall contain the name of the applicant, the location of the project, a brief description of the project, the location where the proposed negative declaration or a mitigated negative declaration can be reviewed, and the date ending the public review period.

E.

Prior to approving a project, the city shall consider the proposed negative declaration or a mitigated negative declaration together with any comments received during the public review period. The city shall approve the negative declaration if it finds, on the basis of the initial study and comments received, that there is not any substantial evidence that the project will have a significant effect on the environment.

F.

With a private project, the negative declaration or a mitigated negative declaration must be completed and ready for approval within one hundred five calendar days from the date when the city accepted the application as complete. The city shall act on permit applications for projects for which a negative declaration or a mitigated negative declaration has been prepared within three months after the negative declaration is approved.

G.

After the city decides to carry out or approve a project for which a negative declaration or a mitigated negative declaration has been approved, the community and economic development director may file a notice of determination with the Shasta County clerk within five working days. The contents of the notice of determination shall comply with Section 15075 of the State CEQA Guidelines. Notices of determination shall be mailed to requesting parties if such request is made within the thirty-calendar day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed by the city with the county clerk, a one hundred eighty-day statute of limitation will apply.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Initiation. Upon completion of the initial study and a determination by the community and economic development director that the EIR is required, the director shall initiate the EIR process as described in this chapter. The EIR process should be consolidated, to the extent possible, with the existing planning, review and approval process.

B.

Notice of Preparation. Upon a determination by the city that an EIR is required, the community and economic development director shall prepare a notice of preparation (NOP) pursuant to Section 15082 of the State CEQA Guidelines. The director may require the project proponent to provide information necessary for preparation of the NOP.

The community and economic development director shall send the NOP to each responsible or trustee agency. In addition the community and economic development director may identify other relevant groups or agencies and distribute the NOP to these groups. The director shall use either certified mail or other method of transmittal which provides a record that the NOP was received. A period of thirty calendar days from the receipt of the NOP shall be provided for comment. When one or more state agencies will be a

responsible agency or a trustee agency, the director shall send an NOP to each state responsible agency and trustee agency with a copy sent to the state clearinghouse.

C.

Issues in an EIR. During or subsequent to the NOP review period, a meeting may be convened by the community and economic development director. The meeting shall involve representatives from pertinent agencies, in order to clarify and focus the issues to be addressed in the draft EIR.

D.

Preparation of the Draft EIR. When an EIR is required for a project, the community and economic development director shall be responsible for preparation of the draft document. The draft EIR may be prepared by an environmental consultant in a format specified by the city. If environmental documentation is prepared under contract to the city, the contract shall be executed within forty-five days of the determination that the environmental documentation is required.

E.

Acceptance of the Draft EIR for Circulation. Upon completion of the draft EIR, the consultant for the EIR shall submit a specified number of copies of an administrative draft for review by the community and economic development director. The director shall review the administrative draft and make changes as necessary to reflect the independent judgment of the director and to ensure that the document adequately and objectively discloses any potential environmental effects of the proposed project.

This review should be conducted within fourteen calendar days of the date of submittal of the draft EIR. Where corrections or changes are found necessary by the director, a revised administrative draft shall then be prepared. As soon as the revised draft EIR is prepared and accepted by the community and economic

development director as adequate under CEQA, a specified number of copies of the circulation draft EIR, together with one original copy, shall be filed with the director.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Any draft EIR accepted by the community and economic development director shall comply with the content requirements of Sections 15120 through 5131 of the CEQA Guidelines. The draft EIR shall also include a mitigation monitoring and reporting program as required by Chapter 21081.6 of the Public Resources Code.

B.

Notice of Completion. Upon acceptance of the draft EIR by the community and economic development director, a notice of completion shall be filed with the state clearinghouse pursuant to Section 15085 of the CEQA Guidelines.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

17.64.100 - Review of draft EIR.

A.

Public Review. The community and economic development director shall provide at least a thirty-calendar day public review period for a draft EIR. If a state agency is a responsible or trustee agency, the public review period shall not be less than forty-five calendar days unless a shorter period is approved by the state clearinghouse.

The community and economic development director shall provide notice of the public review for the draft EIR upon filing of the notice of completion with the state clearinghouse per Section 15087 of the State CEQA Guidelines. Direct notice shall be given to all organizations or individuals who have previously requested such notice. If a state agency is a responsible or trustee agency, ten copies of the draft EIR shall be provided to the state clearinghouse.

Comments received as part of the public review should be in writing and should focus on environmental issues related to the project and adequacy of the EIR. The community and economic development director may schedule a public hearing before the environmental review committee or the planning commission during or upon completion of the public review period for the purposes of receiving public comments on the draft EIR. The public hearings may be held at the regular time and place of planning commission meetings, or they may be held at another established place and time convenient to that portion of the general public most interested in the project for which the public hearing is being conducted.

B.

Response to Comments on a Draft EIR. The community and economic development director shall evaluate comments on environmental issues received during the noticed public review period and shall prepare

written responses. The responses shall comply with the requirements described in Section 15088 of the CEQA Guidelines. The response to comments may take the form of revisions to the draft EIR, or may be a separate section of the final EIR.

All comments received either in writing or as summarized in minutes of public meetings shall be retained by the community and economic development director for a period of at least three years following certification of the final EIR for the subject project.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

Preparation. The community and economic development director shall prepare the final EIR in accordance with Section 15132 of the State CEQA Guidelines.

B.

Certification of the Final EIR. Prior to action on the project, the final EIR shall be presented to the planning commission or city council. At least ten days prior to certifying an EIR, the city shall provide a copy of its written responses to comments to any public agency that submitted comments during the review period. The city shall certify that the final EIR has been completed in compliance with CEQA and that the decisionmaking body has reviewed and considered the information contained in the final EIR pursuant to the findings of Sections 15090 and 15091 of the State CEQA Guidelines.

C.

Adoption of Findings. The city shall not approve or carry out a project for which an EIR has been prepared which identifies one or more significant environmental effects, unless one or more written findings is made for each of those significant effects. Possible findings are described in Section 15091 of the State CEQA Guidelines.

D.

Decision on a Project. After considering the final EIR and in conjunction with making findings under Section 15091 of CEQA, the city may decide whether or how to approve or carry out the project. Permit applications for projects for which an EIR has been prepared shall be acted upon within six months after the EIR is certified. The city shall not decide to approve or carry out a project for which an EIR was prepared unless either:

1.

The project as approved will not have a significant effect on the environment; or

2.

The city has:

a.

Eliminated or substantially lessened all significant effects on the environment, where feasible, as shown in findings under Section 15091 of CEQA,

b.

Determined that any remaining significant effects on the environment found to be unavoidable under Section 15091 of CEQA are acceptable due to overriding concerns as described in Section 15093 of CEQA.

E.

Statement of Overriding Considerations. If the city determines that the benefits of a proposed project substantially outweigh the unavoidable adverse environmental effects, the city shall make a statement of overriding considerations in approving the project. The city shall state specific reasons to support its action based on the certified final EIR and additional evidence if presented for the record.

F.

Time Limits. With a private project, the city shall complete and certify the final EIR within one year after the date the project application was accepted as complete. An unreasonable delay by an applicant in meeting requests by the city necessary for the preparation of an EIR shall suspend the running of the time period for the period of the unreasonable delay. Alternatively, the city may disapprove a project application where there is unreasonable delay in meeting requests. The city may allow a renewed application to start at the same point in the process where the application was when it was disapproved.

G.

Notice of Determination. The city shall file a notice of determination (NOD) with the Shasta County clerk following project approval for which an EIR was prepared. The notice shall be prepared in accordance with Section 15094 of the State CEQA Guidelines. If a state agency is a responsible or trustee agency, the NOD shall also be filed with the state clearinghouse.

H.

Statute of Limitations. Notices of determination shall be mailed to requesting parties if such request is made within the thirty-day posting period of the notice. Mailing of the notices starts a thirty-day calendar day statute of limitations on court challenges to the approval under CEQA. If a notice of determination is not filed with the county clerk by the city, a one hundred eighty-day statute of limitations will apply.

I.

Final EIR Distribution. Within fifteen calendar days after certification of a final EIR, a copy of the final EIR shall be available for review or sale at the community and economic development director for a reasonable amount of time. The city shall provide a copy of the certified final EIR to each responsible agency.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

As required under Section 12081.6 of the Public Resources Code, the city shall establish monitoring or reporting procedures for mitigation measures adopted as a condition of project approval in order to mitigate or avoid significant effects on the environment. A mitigation monitoring/permit compliance program shall be on file with the community and economic development director as adopted by city council resolution.

B.

The mitigation monitoring/permit compliance program shall describe the purpose, policy and procedure that the city follows for a discretionary project. A checklist shall be included which shall reference the mitigation measure to be monitored, the agency and/or person responsible for monitoring, and dates for the commencement and completion of the mitigation.

C.

Draft monitoring programs for projects for which an EIR is prepared shall be included in the draft EIR. The monitoring plan shall be subject to the same public review and comment accorded all other portions of the EIR. The final monitoring plan shall be adopted as part of the CEQA findings for the subject project.

A monitoring program for a mitigated negative declaration shall be attached to the document as a supporting exhibit if the monitoring program is deemed necessary.

D.

Where the city's monitoring or reporting activities demonstrate that mitigation measures are not being implemented, the director shall notify the project applicant of the specified areas of noncompliance and request immediate correction. Where good faith negotiation with the applicant does not result in compliance with the mitigation measures, the city shall take appropriate enforcement action, including issuance of stop-work orders.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

Any determination or decision made by the community and economic development director pursuant to these environmental review procedures may be appealed to the planning commission by any person aggrieved or affected by such determination or decision. Such an appeal shall be made by filing a written appeal with the community and economic development director within ten calendar days after the decision or determination. The written appeal shall set forth the grounds upon which the appeal is based. The planning commission shall act on the appeal within thirty days of the date of the filing of written appeal.

Where an appeal is made on the decision of a project, the planning commission or city council may also review the environmental document prepared for the project; however, the environmental document need not be recertified if the appeal is not based on issues of the environment (for definition of "environment" refer to Section 15360 of the CEQA Guidelines).

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

A.

An applicant for a private project, which is determined not to be exempt from the provisions of CEQA, shall pay environmental review fee at the time of application as set by city council resolution. It is the intent of the city council that this fee be interpreted to include costs complying with the CEQA process with the exception of the cost for EIR preparation and processing as set by city council resolution.

B.

If the determination is made that an EIR must be prepared for a private project, the applicant proposing the project shall pay the EIR processing fees as set by city council resolution. The environmental review fee shall be credited to the EIR processing fee. The EIR processing fee shall cover the estimated costs incurred by the city in reviewing and processing the EIR. The fees shall be payable prior to review of the first draft EIR by staff of the community and economic development director.

C.

To guarantee that the city has the resources to carry out the mitigation monitoring and reporting program, the planning commission or city council may require the project proponent to post a cash bond or other specific assurity acceptable to the city attorney at the time the project is approved or is to be carried out. The assurity would be used to cover the cost of staff time in meeting the requirements of a mitigation monitoring and reporting program. The assurity would be posted with the city treasurer and all accrued interest would be used to cover administrative handling by the city. Upon completion of the monitoring program, any unused portion of the assurity would be returned to the project proponent.

D.

The community and economic development director shall establish the costs to purchase each EIR. The cost shall cover reproduction, storage, mailing and handling costs.

(Ord. 679 § 1 (Exh. 1 (part)), 1998)

Chapter 17.67 - MARIJUANA ACTIVITIES[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 825, adopted Aug. 20, 2019, amended Ch. 17.67 in its entirety to read as herein set out. Former Ch. 17.67, §§ 17.67.010—17.67.060, pertained to recreational marijuana activities, and derived from Ord. No. 815, adopted Feb. 20, 2018; and Ord. No. 819, adopted Nov. 20, 2018.

The California Compassionate Use Act of 1996 authorizes the use of marijuana for personal and/or medical purposes by patients pursuant to physicians' recommendations and exempts certain acts by those patients and their primary caregivers related to that personal medical use. The Medical Marijuana and Regulation

and Safety Act (MMRSA later renamed MCRSA), effective January 1, 2016, established a comprehensive state licensing and regulatory framework for the cultivation, manufacturing, testing, distribution, transportation, dispensing, and delivery of medical cannabis and recognized the authority of local jurisdictions to prohibit or impose additional restrictions on any such medical cannabis activities. The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA) enacted by voter approval of Proposition 64 at the November 8, 2016, statewide election, authorized persons twenty-one years of age or older to possess and use up to twenty-eight and one-half grams of marijuana and up to eight grams of concentrated cannabis, and to cultivate and possess up to six living marijuana plants and the marijuana produced by those plants for personal use and created a state licensing structure for commercial adult-use marijuana operations. On June 27, 2017, the state approved the Medicinal and Adult-Use Cannabis

Regulation and Safety Act (MAUCRSA), which aimed to reconcile the existing medical marijuana statutory framework under MCRSA and the adult-use statutory framework adopted under the AUMA and created a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of cannabis, including cannabis products, and to tax the commercial growth and retail sale of cannabis.

(Ord. No. 825, 8-20-2019)

17.67.020 - Definitions.

"Commercial marijuana operation" includes, other than expressly permitted under this code or state law, any cultivation, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of marijuana.

"Consumption of marijuana" means receiving marijuana into the body by any means, including, but not limited to, smoking, eating, drinking, consuming, vaporizing, ingesting and topical application.

"Marijuana" means all parts of the plant Cannabis sativa, Cannabis indica, and Cannabis ruderalis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, as defined in California Health and Safety Code Section 11018, as may be amended. Marijuana includes "marijuana products," which means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis or other ingredients, as defined in California Health and Safety Code Section 11018.1, as may be amended. "Marijuana" does not include "medical marijuana" as used for medical purposes in accordance with California Health and Safety Code Section 11362.7 et seq.

"Marijuana dispensary" means any operation, including a store-front facility or structure, mobile facility, club, or delivery service to or from any location within the city, wherein marijuana is made available, sold, offered for sale, given, distributed, traded, cultivated for, or otherwise provided to any person.

"Medical marijuana" means marijuana used for medical purposes in accordance with the Compassionate Use Act of 1996 (Proposition 215), in accordance with California Health and Safety Code Section 11362.5.

(Ord. No. 825, 8-20-2019)

17.67.030 - Consumption of marijuana prohibited in public.

Consumption of marijuana is prohibited in any public place, in conformance with state law, including, but not limited to, any city owned building, city owned or leased property, city right-of-way, city parks where smoking is prohibited, and city buses. Any consumption of marijuana shall be done in a manner so as to not cause a nuisance to nearby occupants with noxious odors or other adverse health and safety impacts.

(Ord. No. 825, 8-20-2019)

17.67.040 - Marijuana dispensary as a prohibited use.

A marijuana dispensary is a prohibited use in all zone districts in the city.

(Ord. No. 825, 8-20-2019)

17.67.050 - Commercial marijuana operation as a prohibited use.

A.

A commercial marijuana operation is a prohibited use in all zone districts in the city.

B.

As an exception to subsection A and above, and as required by the Medicinal Cannabis Patients' Right of Access Act (Business and Professions Code Sections 26321 et seq.) a person may deliver or transport medicinal cannabis to a medicinal cannabis patient, subject to the following requirements:

1.

Deliveries of medicinal cannabis to a medicinal cannabis patient must be made to fixed addresses and may not occur at locations such as schools, day care centers, youth centers, public parks, houses of worship, open spaces, public buildings, and establishments serving food or beverages.

2.

A retailer with a physical address outside of the city that wishes to deliver medicinal cannabis or medicinal cannabis products to a patient or customer within city limits is required to obtain a city business license prior to commencing any delivery service within city limits.

3.

All medicinal cannabis or medicinal cannabis products must be securely packaged and labeled according to state regulations, ensuring that they are not accessible to minors during transit.

4.

Delivery vehicles must adhere to safety and security standards, which include GPS tracking, alarms, and secure storage.

5.

The delivery of cannabis accessories, branded merchandise of the licensee, or promotional materials is prohibited, except for any equipment, products or materials necessary to enable a qualified patient to

ingest, inhale, or otherwise introduce cannabis or cannabis products into the human body.

(Ord. No. 825, 8-20-2019; Ord. No. 861, § 1, 9-3-2024)

A.

Cultivation of marijuana, up to the maximum amount allowed under the California Adult Use of Marijuana Act ("AUMA"), may only occur within the residence as allowed under the AUMA or in a residential accessory structure that meets all of the standards set forth below:

1.

If the building is a greenhouse then it shall additionally be surrounded by a secure solid six-foot high fence located within ten feet of the greenhouse and equipped with a lockable gate.

2.

The structure shall be located in the rear yard portion of the lot and maintain a minimum of a ten-foot setback from the side and rear property lines and from any other building on the parcel.

3.

Any accessory structure, of any size, utilized for cultivation of marijuana shall be legally constructed with a building permit. All electrical and plumbing shall be installed with a valid electrical and plumbing permit from the city. Such building permits will only be issued to the owner of the property. If the resident is proposing to convert an existing accessory structure for cultivation of marijuana, an inspection will be required to ensure compliance with this code.

4.

Accessory structures utilized for cultivation shall be ventilated with odor control filters, and shall not create an odor, humidity of mold problem on the subject property or adjacent property.

5.

Indoor grow lights shall not exceed one thousand two hundred watts and shall be installed, maintained and operated in compliance with the Anderson Municipal Code. Gas products (including, but not limited to, CO2, butane, propane and natural gas), or generators producing electric power shall not be used within any detached, fully-enclosed and secure structure or residential structure.

6.

The building shall be provided with locking doors and have a working security system. The alarm shall be a standard audible residential alarm of at least ninety dBA but not exceeding one hundred ten dBA and shall meet the requirements of Chapter 9.68.040 of this code.

The person cultivating the marijuana must be lawfully residing on the same parcel of real property where the marijuana is cultivated.

8.

Cultivation of medical marijuana within the accessory structure shall not exceed the amount allowed under the AMUA.

(Ord. No. 825, 8-20-2019)

The outdoor cultivation of marijuana is not permitted in any zoning district within the City of Anderson, and is a violation of this chapter.

(Ord. No. 825, 8-20-2019)

The cultivation of medical marijuana pursuant to Section 11362.77 of the California Health and Safety Code, the establishment or operation of any medical marijuana collective, cooperative, dispensary, delivery service, operator, establishment or provider shall be considered a prohibited use in all zoning districts of the city. No use permit, variance, building permit, or any other entitlement or permit, whether administrative or discretionary, shall be approved or issued for the cultivation of medical marijuana or the establishment of any collective, cooperative, dispensary, delivery service, operator, establishment, or provider in any zoning district, and no person shall otherwise establish such business or operations in any zoning district.

(Ord. No. 825, 8-20-2019)

A.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 8.29.2.

B.

Violations of this chapter are declared to be a public nuisance.

C.

Any person who violates a provision of this chapter is liable for civil penalties of not less than two hundred fifty dollars or more than twenty-five thousand dollars for each day the violation continues.

D.

Any person who violates any provision of this chapter is guilty of a misdemeanor.

E.

Administrative penalties for violations of this chapter are governed by Chapter 8.29 except for the following:

1.

Notwithstanding the provisions of Section 8.29, the amount of an administrative penalty to be imposed for a violation of Sections 17.67.050 pertaining to the number of plants permitted in a residence or in a residential accessory structure, is an aggregate amount calculated at one thousand dollars per plant that is in excess of the number of plants allowed. Outdoor cultivation of any marijuana shall result in an aggregate amount calculated at one thousand dollars per plant.

2.

The imposition of the administrative penalty pursuant to [subsection] E.1. shall be immediate under Government Code Section 53069.4, unless the circumstances in [subsection] E.3.c. are applicable.

3.

The property owner shall be given a reasonable period of time for the correction or remedy of the violation, but no more than thirty days, if all of the following are true:

a.

A tenant is in possession of the property that is the subject of the administrative action.

b.

The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis.

c.

The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental owner or agent to have actual notice of the illegal cannabis cultivation.

F.

All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(Ord. No. 825, 8-20-2019)

Chapter 17.68 - HOME OCCUPATION PERMITS

These regulations are provided so that certain incidental and accessory business uses may be established in residential neighborhoods under conditions that will ensure their compatibility with adjacent residences and the purposes of the underlying zoning districts. These regulations are intended to protect the rights of

all residents to engage in certain home occupations where such activity is harmonious with a residential environment.

(Ord. No. 830, § 2, 7-7-2020)

A.

The provisions of this chapter shall apply to the operation of home operated businesses and occupations within residential dwellings. A home occupation may be permitted as an accessory use in any structure authorized for residential use within the city with a home occupation permit.

B.

Prohibited Home Occupations. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home occupations shall include, but are not limited to:

1.

Animal hospitals.

2.

Automotive/vehicle repair, upholstery, painting, or storage for non-personal use.

3.

Commercial storage.

4.

Dancing schools or exercise studios.

5.

Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035) and Section 17.68.070 (Cottage Food Operations).

6.

Junk yards.

7.

Medical and dental offices, clinics, and laboratories.

8.

On-site retail sales.

Outdoor storage of equipment, materials, and other accessories specific to the construction trades.

10.

Welding and machining.

11.

Any other uses as determined by the director to be incompatible within residentially zoned areas.

12.

Any use that does not comply with Section 17.68.060 of this chapter (Operating Standards).

(Ord. No. 830, § 2, 7-7-2020)

A.

Application Filing and Processing. Applications for home occupation permits shall be filed with and processed by the city manager (hereinafter "director"), or designee, in the manner required to ensure compliance with this chapter.

B.

Application Fees. Application fees shall be as established by resolution of the city council and collected in the manner established by the director, or designee.

C.

Issuance of a home occupation permit shall also require a current city business license. A failure to obtain or renew such license shall render the home occupation permit approval null and void, and the business activity authorized by the home occupation permit shall cease.

D.

For home occupations conducted on rental property, the property owner's written authorization shall be obtained prior to submittal of an application for a home occupation permit.

(Ord. No. 830, § 2, 7-7-2020)

The city manager (director) or designee is authorized to approve, conditionally approve, modify, or deny applications for home occupation permits, and may refer applications for home occupation permits to the planning commission for review. All applications that comply with the requirements of this chapter shall be approved by the director.

(Ord. No. 830, § 2, 7-7-2020)

No notice of the application for a home occupation permit shall be required, except where an appeal of the director's determination regarding issuance or denial of a permit is filed with the development services department. Appeals of the director's decision to deny issuance of a home occupation permit shall be made in writing to the planning commission within ten days of the director's decision and processed in the manner set forth in Section 17.62.070 ("Appeals").

(Ord. No. 830, § 2, 7-7-2020)

17.68.050 - Home occupation—Defined.

"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. 830, § 2, 7-7-2020)

Home occupations shall comply with all of the following operating standards at all times, and with those additional conditions which may be established from time-to-time by the director to ensure the purpose of this chapter is achieved:

A.

No dwelling shall be built or altered for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.

B.

No persons other than a member of the immediate family occupying such dwelling shall be employed. Exceptions are allowed for cottage food uses only where consistent with the State Cottage Food Act (Government Code Section 51035 et seq.) and the provisions of this code.

C.

There shall be no signs other than those permitted by Chapter 17.44 (Comprehensive Sign Ordinance).

D.

There shall be no advertisement of the business location in a public forum, except as otherwise approved by the director.

E.

All merchandise, supplies, equipment or other materials related and utilized for conduct of the home occupation shall be stored within the residence.

F.

The storage of hazardous, toxic, or combustible materials in amounts exceeding those typically found in residential areas shall be prohibited.

G.

The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for off-street parking, setbacks, and yard areas as required by the regulations applicable to the land use district.

H.

Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which increases noise or fire hazards not normally associated with a residential use shall be prohibited.

I.

There shall be complete conformity with fire, building, plumbing, electrical, and health codes and to all applicable state and local laws. Activities conducted and equipment or material used shall not change the occupancy classification of the premises.

J.

The use of utilities shall be limited to the usage normally associated with a residential use.

K.

A home occupation permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property or dwelling unit for which the home occupation permit was originally approved.

L.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces beyond those provided on-site.

M.

No special off-street parking area shall be allowed in connection with the home occupation; however, the driveway may be used for such parking.

N.

Storage and parking of vehicles on the premises used in conjunction with the home occupation shall be limited to vehicles not exceeding ten thousand pounds gross vehicle weight. Such parking shall only occur on areas improved for vehicle parking as required by this code. Not more than one commercial motor vehicle, together with equipment, tools, and stock-in-trade maintained therein, is permitted where such

motor vehicle is used as the owner's means of transportation for conduct of the home occupation. Commercial vehicles or trailers which have an unladen vehicle weight of ten thousand pounds or greater or are more than twenty-five feet in length and are used for commercial purposes are prohibited in residential areas in conjunction with a home occupation permit.

O.

Home occupation activities shall be conducted indoors.

P.

Noise generated by the conduct of the home occupation shall not exceed that normally associated with a residential use, nor shall they exceed the standards as set forth in this code.

Q.

Persons with documented physical disabilities may be permitted special review by the development services director, by requesting the waiver of one or more, or a portion thereof, of requirements A through M above. Such requests shall be processed by seeking an administrative use permit pursuant to Section 17.50.025 of this code.

(Ord. No. 830, § 2, 7-7-2020)

Notwithstanding any of the provisions above, a cottage food operation as defined by the State of California under the provisions and allowances of AB 1616 shall be allowed within any legally established residential unit within the City of Anderson provided the requirements for a home occupation and the following requirements are met:

A.

Each cottage food operation shall conform to all local, state and county laws, regulations and requirements.

B.

The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.

C.

No dwelling shall be built or altered for the purpose of conducting the cottage food operation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a cottage food operation is conducted.

D.

No cottage food operation shall be located within three hundred feet of another such operation.

E.

No cottage food operation shall sell, or offer for sale, from the residence food items prepared from that residence.

F.

All cottage food operations shall conform to the requirements and restrictions of this code for residential zoning districts.

G.

Only those individuals residing within the residential unit, as their primary residence, shall participate in a cottage food operation, with the exception that a cottage food operation may be permitted one full-time equivalent employee.

H.

Customers of any cottage food operation shall be prohibited from consuming on the residential property where such product was produced any products purchased from the cottage food operation.

I.

There shall be no display, sale or advertising signs on the premises except as allowed pursuant to Chapter 17.44 (Comprehensive Signs Ordinance).

J.

Within thirty days of receipt of a home occupation permit from the City of Anderson for a home occupation involving a cottage food operation, the operator of such business shall obtain any permit for such use as may be required by the County of Shasta or the State of California.

K.

The cottage food operator shall ensure that adequate trash removal occurs for the level of activities added by the cottage food operation.

L.

Violations of the City of Anderson Municipal Code Section 17.68.070 ("Cottage Food Operation") may result in the revocation of the home occupation permit issued by the City of Anderson. Operators who have had their home occupation permit revoked shall be prohibited for one year from applying for another home occupation permit for a cottage food operation.

M.

All merchandise, supplies, equipment or other materials shall be stored indoors.

N.

There shall be complete conformity with all fire, building, plumbing, electrical and health codes and to all applicable state and local laws, regulations and/or requirements. Activities conducted and equipment or

materials used shall not change the fire safety or occupancy classification of the premises.

O.

No cottage food operation shall be initiated until a city business license has been issued by the City of Anderson.

P.

The cottage food operation home occupation permit shall not be transferable to another property or dwelling unit or to any subsequent owner or tenant of the property or dwelling unit for which the cottage food operation home occupation permit was originally granted.

Q.

For a cottage food operation conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to submittal of an application for a home occupation permit (cottage food operation) and shall be submitted with such application.

R.

Cottage food operation activities shall be conducted wholly indoors.

S.

No more than twenty-five percent of floor area of the residence may be used for storage of materials and supplies used for or in association with the cottage food operation.

T.

Where any cottage food operation employs an individual other than the primary operator, all local, county, state and federal labor laws shall apply.

The regulations in this chapter shall apply within all zoning districts of the City of Anderson as may be depicted on the official zoning diagram of the city as referenced in Title 17 of this code.

(Ord. No. 830, § 2, 7-7-2020)

Chapter 17.70 - URBAN LOT SPLITS

A.

The purpose of this chapter is to establish objective zoning standards and regulations to govern the development of qualified Senate Bill 9 (SB 9) subdivisions and development projects in residential zoned properties within the City of Anderson. The establishment of these regulations will result in the orderly subdivision and development of qualified Senate bill projects while ensuring that the new units are consistent with the city's character and do not create any significant impacts with regards to public

infrastructure or public safety. The regulations are established to implement the requirements under as reflected in Government Code Sections 65852.21 and 66411.7.

B.

The provisions of this chapter shall be the primary regulations for the subdivisions of land for SB 9 dwelling units. To the extent that an aspect of the subdivision of land for SB 9 dwelling units is not addressed by the chapter, other provisions of the Municipal Code shall apply. In the event of a conflict between this chapter and another provision of the Municipal Code, as it applies to the subdivision of land for [SB] 9 units, this chapter shall prevail.

(Ord. No. 851, § 1, 9-20-2022)

17.70.020 - Definitions.

For purposes of this chapter and Chapter 17.71, the following definitions apply:

"A person acting in concert with the owner" means a person that has a common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

"Adjacent parcel" means any parcel of land that is:

1.

Touching the parcel at any point;

2.

Separated from the parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or

3.

Separated from another parcel only by other real property which is in common ownership or control of the applicant.

"Car share vehicle" means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization and provides hourly or daily service.

"Common ownership or control" means property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or a family member of an investor if the entity owns ten percent or more of the interest in the property.

"Director" means the City of Anderson director of engineering and development or their designee.

"Very low-income households" has the meeting set forth in Health and Safety Code Section 50105.

"Lower income household" has the meaning set forth in Health and Safety Code Section 50079.5.

"Moderate income household" has the meaning set forth in Health and Safety Code Section 50093.

"Sufficient for separate conveyance" means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually.

"Two-unit development" means a development that proposes no more than two units or proposes to add one new unit to one existing unit and that meets all the criteria and standards set forth in Chapter 17.71.

"Urban lot split" means a subdivision of an existing parcel into no more than two separate parcels that meets all the criteria and standards set forth in this chapter.

(Ord. No. 851, § 1, 9-20-2022)

17.70.030 - Permit application and procedures—Urban lot splits.

A.

Application and Review Authority. An application for an urban lot split shall be made by the property owner and filed with the planning department on a form prescribed by the director, containing such information as reasonably requested by the director, and accompanied by the appropriate fee.

B.

Ministerial Review. For applications that satisfy the requirements of this chapter, the director shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or design review. The decision shall be final and shall state in writing the reasons for approval or denial, consistent with qualifying criteria listed in Section 17.70.040.

C.

Review Timing. The city shall act upon an application for an urban lot split within the time limits provided by the Subdivision Map Act.

(Ord. No. 851, § 1, 9-20-2022)

17.70.040 - Qualifying criteria for urban lot splits.

Applications for urban lot splits must meet the following requirements. No exceptions to the standards in this section shall be requested or granted.

A.

The parcel is located within a single-family residential zone.

B.

The parcel being subdivided is not located on a site that is any of the following:

1.

Either prime farmland or farmland of statewide importance as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by local ballot measure that was approved by the voters of that jurisdiction.

2.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Anderson, pursuant to subdivision (b) of Section 51179 of the

pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Anderson, pursuant to subdivision (b) of Section 51179 of the

Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

4.

A hazardous waste site but that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5.

Within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, element complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by the building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

6.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies this subparagraph, the City of Anderson shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standards or action adopted by the City of Anderson that is applicable to that site. The development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the City of Anderson; or

b.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program Pursuant to Part 59 commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless, the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent can satisfy all applicable federal qualifying criteria to provide that the site satisfies

this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Anderson that is applicable to that site.

8.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.

9.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10.

Lands under conservation easement.

C.

The lot split shall result in no more than two parcels (one net new parcel) of approximately equal lot area, provided that one parcel shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision and in no instance shall any resulting lot be smaller than one thousand two hundred square feet in area.

D.

The resulting parcels shall comply, with the lot size, frontage, width, and front and rear requirements of Title 17, Zoning, except that the director will grant the minimum necessary exceptions to any requirement that would physically preclude the original parcel from being subdivided into two parcels that are not smaller than one thousand two hundred square feet, so long as one of the parcels is no smaller than forty percent of the lot area of the parcel proposed for subdivision.

E.

The proposed urban lot split would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very low-income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

F.

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated or listed as a City of Anderson landmark or historic property or historic district pursuant to a City of Anderson ordinance or as indicated in the City of Anderson General Plan.

G.

The parcel is not located within a high sensitivity area as shown on the general plan prehistoric sensitivity maps found in the technical appendix of the general plan, which parcels are City of Anderson historic properties.

H.

The parcel being subdivided was not created by an urban lot split as provided in this section.

I.

Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided in this section.

J.

The development proposed on the parcels complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

l.

The application of such standards shall be modified by the director if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than eight hundred square feet. Any modifications of development standards shall be the minimum modifications necessary to avoid physically precluding two units of eight hundred square feet on each parcel.

2.

Notwithstanding Subsection 1. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

K.

Each resulting parcel shall have access to, provide access to or adjoin the public right-of-way. Each resulting parcel shall be required to meet the design standards of this Code for subdivisions. Additionally, lot lines shall be:

1.

Straight lines unless there is a conflict with existing improvements or the natural environment;

2.

Generally parallel to the street when facing a street or be at right angles perpendicular to the street on the straight streets, or radial to the street on curved streets;

3.

Within appropriate physical locations (e.g., does not bisect buildings);

4.

Contiguous with existing zoning boundaries;

5.

Lot lines shall not result in an accessory building or accessory use on a lot without a main building on the same lot.

L.

Proposed adjacent or connected dwelling units shall be permitted if they meet building and safety standards and are designed sufficient to allow separate conveyance. The proposed dwellings shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

M.

No more than two units may be located on any lot created through an urban lot split, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development.

N.

Parking. One parking space shall be required per unit constructed on parcel created through an urban lot split, except that no parking may be required when:

1.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

O.

Compliance with Subdivision Map Act. The urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act (Government Code Section 66410 et seq.), except as otherwise expressly provided in Government Code Section 66411.7.

Notwithstanding Government Code Section 66411.1, no dedications of rights-of-way or the construction of off-site improvements may be required as a condition of approval for an urban lot split, although easements may be required for the provision of public services and facilities.

P.

The correction of nonconforming zoning conditions may not be required as a condition of approval.

Q.

Parcels created by an urban lot split may be used for residential uses only and may not be used for rentals of less than thirty days.

R.

If any existing dwelling unit is proposed to be demolished, the applicant will comply with the replacement housing provisions of Government Code Section 66300(d).

S.

Urban lot splits shall be subject to all impact and other development fees imposed on the approval of a parcel map.

T.

Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct and unavoidable impact, based on objective identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

U.

A building permit application for SB 9 dwelling units must be submitted concurrently with the parcel map application to demonstrate compliance with SB 9 development standards and this chapter for newlycreated lots.

(Ord. No. 851, § 1, 9-20-2022)

17.70.050 - Additional required documentation.

A.

Owner-Occupancy Affidavit. The applicant for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that the applicant intends to occupy one of the housing units on the newlycreated lots as its principal residence for a minimum of three years from the date of the approval of the urban lot split. This subsection shall not apply to an applicant that is a community land trust as defined in clause (ii) of subparagraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

B.

Additional Affidavit. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for an urban lot split shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in Subsection 17.70.040.F. above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished). The owner and applicant shall also sign an affidavit stating that neither the owner nor applicant, nor any person acting in concert with the owner or applicant, has previously subdivided an adjacent parcel using an urban lot split.

C.

Recorded Covenant. Prior to the approval and recordation of the parcel map, the applicant shall record a restrictive covenant in the form prescribed by the City of Anderson city attorney which shall run with the land and provide the following:

1.

A prohibition against further subdivision of the parcel using the urban lot split procedures as provided for in this section; and

2.

A prohibition on nonresidential uses of any units developed or constructed on either resulting parcel, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days.

3.

A decision to approve or deny an urban lot split shall be final.

(Ord. No. 851, § 1, 9-20-2022)

Chapter 17.71 - TWO-UNIT DEVELOPMENT

The purpose of this chapter is to provide objective zoning standards for two-unit developments within single-family residential zones, to implement the provisions of state law as reflected in Government Code Section 65852.21, to facilitate the development of new residential housing units consistent with the City of Anderson's general plan, and to ensure sound standards of public health and safety.

(Ord. No. 851, § 2, 9-20-2022)

For purposes of this chapter, the definitions contained in Section 17.70.020 shall apply.

(Ord. No. 851, § 2, 9-20-2022)

17.71.030 - Permit application and procedures.

A.

Application and Review Authority. An application for two-unit development shall be made by the property owner and filed with the planning department on a form prescribed by the director, containing such information as reasonably requested by the director, and accompanied by the appropriate fee.

B.

Ministerial Review. For applications that satisfy the requirements of this chapter, the director or designee shall approve a parcel map as a ministerial permit, without discretionary review, public hearing, or design review. The decision shall be final and shall state in writing the reasons for approval or denial.

C.

Review Timing. The city shall act upon an application for a two-unit development within the time limits provided by the Permit Streamlining Act.

(Ord. No. 851, § 2, 9-20-2022)

17.71.040 - Qualifying criteria for two-unit developments.

Applications for two-unit developments must meet all the following requirements. No exceptions to the standards in this section shall be requested or granted.

A.

The parcel is in a single-family residential zone.

B.

The two-unit development is not located on a site that is any of the following:

1.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of

Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

2.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

3.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by the City of Anderson (County of Shasta), pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

4.

A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

5.

Within a delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 1890 I) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division I of Title 2 of the Government Code.

6.

Within a special flood hazard area subject to inundation by the one percent annual chance flood (one hundred-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent can satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the City of Anderson that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:

a.

The site has been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the city; or

b.

The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter 1 of Title 44 of the Code of Federal Regulations.

7.

Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent can satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, the city shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by the city that is applicable to that site.

8.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.

9.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

10.

Lands under conservation easement.

C.

Notwithstanding any provision of this section or any local law, the proposed two-unit development would not require the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very low-income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent applies for a two-unit development.

4.

Housing that has been occupied by a tenant in the last three years.

D.

The proposed two-unit development does not include the demolition of more than twenty-five percent of the existing exterior structural walls of any structure on the site unless the site has not been occupied by a tenant in the last three years.

E.

The proposed two-unit development is not located within a historic district or property on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site designated or listed as a City of Anderson landmark or historic property or historic district pursuant to a City of Anderson ordinance.

F.

The parcel is not located within a high sensitivity area as shown on the general plan prehistoric sensitivity maps found in the technical appendix of the general plan, which parcels are City of Anderson historic properties.

G.

The proposed two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located; provided, however, that:

1.

The application of such standards shall be modified by the director if the standards would have the effect of physically precluding the construction of two units on a parcel subject to this chapter or would result in a unit size of less than eight hundred square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of eight hundred square feet each on a parcel.

2.

Notwithstanding Subsection 1. above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

H.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed to allow separate conveyance. The proposed two-unit development shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

I.

One of the units in a two-unit development shall be the principal place of residence of the property owner and the other unit may be leased or rented to a separate household.

J.

Units created as part of a two-unit development may be used for residential uses only and may not be used for rentals of less than thirty days.

K.

Parking. One parking space shall be required per unit constructed via the procedures set forth in this section, except that the city shall not require any parking where:

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

2.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

L.

All units constructed as part of a two-unit development shall be subject to all impact and other development fees imposed on the development of a new dwelling unit.

M.

Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed urban lot split may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

(Ord. No. 851, § 2, 9-20-2022)

17.71.050 - Objective design standards for two-unit developments.

The following objective standards apply to two-unit developments:

A.

The following development is permitted on the parcel:

1.

Two primary dwelling units, either a duplex or two single-family homes.

2.

If the parcel was not created using an urban lot split, then additionally:

a.

If a duplex is constructed, then two detached ADUs or one ADU created from existing non-livable space.

b.

If one or two single-family homes are constructed, one ADU and one JADU.

B.

The maximum floor area of a unit in a two-unit development shall be eight hundred square feet if the unit does not meet all development standards contained in the underlying zoning district.

C.

The maximum height shall be sixteen feet from existing grade as defined by this Code if the unit does not meet all development standards contained in the underlying zoning district.

D.

A solid (no openings) one-hour fire rated wall is required between adjacent or connected units constructed as part of a two-unit development.

E.

Driveway access shall be compliant with Anderson Fire Protection District Standards.

F.

All newly created dwelling units shall be connected to a public sewer or provide a private wastewater system that is fully contained within the parcel's boundaries.

G.

Newly constructed units shall be of the same architectural style, detail, color and building material as the primary dwelling unit.

H.

Any new window that faces an adjoining residential property shall be either made of opaque glass and/or have a sill height above eye level. Any new doors that face an adjoining residential property shall either not include windows, or all windows must be of opaque glass.

I.

All exterior lighting shall be shielded and directed downward.

J.

Where visible from off-site locations, skylights shall not have white or light opaque colored exterior lenses and no lights shall be installed inside the wells of the skylights.

K.

Fencing shall be consistent with the fencing requirements of Section 19.48.190 of the zoning ordinance.

L.

Landscaping materials shall include following:

Shrubs, of at least one-gallon size, and limited to a maximum height of eight feet on the sides and rear of the property;

2.

Trees, of at least fifteen-gallon size and that grow to a maximum height of twelve feet;

3.

Ground cover instead of grass/turf; and

4.

Decorative nonliving landscaping materials including, but not limited to, sand, stone, gravel, wood or water may be used to satisfy a maximum of twenty-five percent of the parcel.

(Ord. No. 851, § 2, 9-20-2022)

17.71.060 - Additional required documentation.

A.

Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two-unit development shall sign an affidavit, in the form approved by the city attorney, stating that none of the conditions listed in Subsection 17.71.040.F. above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

B.

Recorded Covenant. Prior to the issuance of a building permit, the applicant shall record a restrictive covenant in the form prescribed by the city attorney, which shall run with the land and provide for:

1.

A prohibition on nonresidential use of any units developed or constructed through the two-unit development, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days.

2.

A requirement that one of the units on the site be the principal residence of the owner.

(Ord. No. 851, § 2, 9-20-2022)